HomeMy WebLinkAbout20052737 MINOR SUBDIVISION ANAL PLAN APPLICATION
FOR PLANNING DEPARTMENT USE DATE RECEIVED:
RECEIPT #/AMOUNT # /$ CASE #ASSIGNED:
_ _____
APPLICATION RECEIVED BY PLANNER ASSIGNED:
Parcel Number 0 8 0 5 - 1 3 - 0 - 0 0 - 0 3 6
(12 digit number-found on Tax I.D.information,obtainable at the Weld County Assessor's Office,or www.co.weld.co.us).
(Include all lots being included in the application area,If additional space is required,attach an addtional sheet)
Legal Description Lot B of RE 2641 _, Section 13 , Township 6 North, Range 66 West
Property Address(If Appfcable) n/a
Existing Zone District :_ AG _ Proposed Zone District: E _Total Acreage:33.518 Proposed#/Lots 9 _
Average Lot Size: 3.0 ac Minimum Lot Size: 2.506 ac_ Proposed Subdivision Name:_ Faith Estates
FEE OW NER(S) OF THE PROPERTY (If additional space is required,attach an addtional sheet)
Name: Gary M. and Judy Harkless, dba Genesis Construction Company
Work Phone #970/396-6477 _Home Phone # 356-2636 Email Address
Address: 33439 WCR 37
City/State/Zip Code Fa ton rn Rn61 S
APPLICANT OR AUTHORIZED AGENT(See Below:Authorization must accompany applications s.gned by Authorized Agent)
Name: (same as above)
Work Phone# Home Phone # Email Address
Address:
City/State/Zip Code
UTILITIES: Water: North Weld County Water District
Sewer: Individual On-Site Septio_Systems
Gas: Propane
Electric: Dim i r Service Company oL Colorado
Phone: _Qwest- Communi rati ons
DISTRICTS: School: Raton School District RE-2
Fire: Eaton_are Protection District
Post: Eaton Post Office
I (We)hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with
or contained within the application are true and correct to the best of my(our)knowledge. Signatures of all fee owners
of property must sign this application. If an Authorized Agent signs, a letter of authorization from all fee owners must
be included with the application. If a corporation is the fee owner, notarized evidence must be included indicating the
signatory has the leg I authority to sign for the corporation.
- -O C `9 �� t�n, l
Sig tura`Owner or Authorized Agent Date ignature: ner or Authorized Agent Date
11. EXHIBIT
2005-2737
FAITH ESTATES
MINOR SUBDIVISION NARRATIVE
PICKETT ENGINEERING,INC.
PEI NO. 03-066
Section 24-3-50.C.
The land proposed for the Faith Estates Minor Subdivision will be used in accordance with
those guidelines described in Section 23-3-400, titled the Estate Zone District. This property
will be residential, in a farming-community setting. Each house will have exquisite views of
Colorado's mountains. Faith Estates subdivision will contain nine (9) residential estate lots.
The project falls under the definition of a non-urban development as it is defined in
Section 27-2-140, in that:
• The subdivision is nine (9) residential lots or less.
• It is located in a non-urban area as defined in Chapter 22 of the Code, and is not
adjacent to other PUDs, subdivisions, municipal boundaries or urban growth
corridors.
• The land was previously farmland.
The development will have public water and septic systems and meets or exceeds the
minimum lot size of one (1) acre and an overall gross density of two and one-half(21)
acres per septic system.
Section 24-3-50.D.
The following issues were raised at the time of the Sketch Plan application and Referral
Overview dated July 30, 2004, and were answered with the Change of Zone (COZ)
submittal.
NORTH WELD COUNTY WATER DISTRICT
A draft water service agreement with the North Weld County Water District has been
approved by the Weld County Attorney's office. A copy of this agreement was submitted to
the planning department. An invoice from the North Weld County Water District for water
service provided to the current residence at the property was included with the COZ
submittal.
DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
Four copies of the Preliminary Geotechnical Engineering Report prepared by Northern
Colorado Geotech, dated October 21, 2004, were included with the Change of Zone
submittal. After the sketch plan submittal date, this report was prepared for the proposed
Faith Estates Subdivision and the field tests indicate that a standard septic system will likely
be feasible throughout the entire development. Per the Weld County Health Department
Faith Estates Minor Subdivision Page 1 of 6
June 23,2005
Criteria, lot-specific geotechnical investigations will be required for foundation designs and
septic systems. The primary and secondary septic envelopes shown on the plat have been
placed outside of the 100-foot setback required for all irrigation ditches.
PUBLIC WORKS DEPARTMENT
The comments regarding the drainage are addressed in the drainage report(included with this
final plat submittal. The roadway improvement comments were addressed; please see the
plans.
EATON SCHOOL DISTRICT
A bus turnout area has been added to the layout plan. The bus turnout is located on the west
side of WCR 37 and is 20 feet wide with a length greater than 80 feet.
THE NEW CACHE LA POUDRE IRRIGATING COMPANY
The comments from this irrigation company have been addressed and an agreement has been
completed. A copy of a letter from this irrigation company stating that we have met their
concerns was included with the COZ submittal. A signed copy of the agreement is included
with this submittal.
SHERIFF'S OFFICE
r
A bus turnout has been added to the layout plan as previously described. The bus turnout
will include a shelter. A central mailbox for the residents has been added to the layout plan
in the same area provided for the bus turnout. No bodies of water are to be located within the
developed property. The owners of the irrigation ditches adjacent to the property have
expressed that they do not want to place fences along their ditches. A letter of general
compliance from the Sheriff's office was submitted to the Weld County Planning Department
on March 30, 2005, prior to recording the Change of Zone plat.
EATON FIRE PROTECTION DISTRICT
The applicant recognizes and agrees with the referral comments from the Fire District dated.
June 4, 2004. A change to the road configuration has negated the comment regarding the fire
hydrant at the southeast corner of Lot #6. In conjunction with the layout revisions, the
applicant has continued to work with the Fire Protection District to address their concerns. A
copy of a letter from the Fire District regarding their approval of the changes was included
with the COZ submittal.
Faith Estates Minor Subdivision Page 2 of 6
June 23, 2005
CITY OF GREELEY
The applicant recognizes and agrees with the comment from the City of Greeley in their
referral letter dated June 2, 2004, that states, "The subject site is outside of the City of
Greeley Long Range Expected Growth Area and we find no conflicts with our interest." The
applicant addressed the City of Greeley's Sketch Plan and Change of Zone referral comments
prior to recording the Change of Zone plat.
COLORADO GEOLOGICAL SURVEY
As previously mentioned, a Preliminary Geotechnical Engineering Report prepared by
Northern Colorado Geotech was completed after the sketch plan submittal date. This report
states, "there are not economic quantities of sand or gravel aggregate at the site." The current
soils report was submitted with the Change of Zone application and forwarded to the
Colorado Geological Survey for their review and comment. The applicant recognizes and
agrees with their Change of Zone referral comments dated December 21, 2004.
MINERAL RIGHTS
A mineral rights investigation has been prepared and certified by Crews and Zeren
identifying the mineral rights ownership associated with the property. The applicant has
coordinated with and addressed the concerns of Duke Energy and Frontier Oil, both of which
are purchasing companies for the minerals extracted from the property. Notes from phone
calls with these companies were included with the COZ submittal. The applicant reached an
agreement with Merit Energy who is the production company of the minerals extracted from
the property. A copy of the agreement was included with the COZ submittal.
COLORADO DEPARTMENT OF TRANSPORTATION
The applicant has addressed the referral comments from CDOT dated June 1, 2004. An e-
mail response from CDOT was submitted to the Weld County Planning Department. A copy
of that correspondence was included with the COZ submittal.
PROPOSED WELL FOR FIRE FLOW
The applicant has continued to work with the Eaton Fire Protection District concerning the
potential well to be used to provide fire flow. The well will be located adjacent to the fire
pull-off as indicated on the Land Use Map. The well will be owned and maintained by the
Homeowners' Association. Metron, Inc., provided a Packaged Pumping System Quotation
that outlines the capacity and features of a pump system that would be sufficient for the fire
flow requirements of the property.
Faith Estates Minor Subdivision Page 3 of 6
June 23,2005
COLORADO DIVISION OF FISH AND WILDLIFE
Wildland Consultants, Inc., prepared a Threatened and Endangered Species Evaluation for
the property, dated April 2004. A copy of this evaluation was included with the Change of
Zone submittal. The evaluation concluded that impacts to federally listed species should not
occur within the site. The evaluation also concluded that the development would result in no
impacts to jurisdictional or non jurisdictional wetlands. In coordinating with the Weld
County Planning department, it was decided that the evaluation would be submitted with the
Change of Zone application and forwarded to the Colorado Division of Wildlife for their
review and comment.
GRAHAM/CHILDS SEEPAGE DITCH
The applicant has been working with the Graham/Childs Seepage Ditch Company. The
consulting engineer wanted to review the drainage report for the proposed development prior
to making a final recommendation to the ditch company. The finalized and signed agreement
is included with this submittal.
Section 24-3-50.E.
Faith Estates Minor Subdivision will have nine (9) residential lots and two open space tracts
on 33.52 acres—an average residential lot size of 3.0 acres. The residential lots range in size
from 2.5 acres to 3.6 acres.
er-
Section 24-3-50.F.
The subdivision will contain one, two-way gravel road labeled as a Rural Subdivision Local
(Minor) with a 60' right-of-way. There will be two, 13' driving lanes with three feet of clear
zone on each side. The driving lanes and clear zones will be constructed of Class 6 Base.
There will be a borrow ditch on both sides of the roadway. Access to the subdivision will be
from WCR 37 on the east side of the property. The road will be a total of 2150' in length and
will dead-end in a cul-de-sac. The right-of-way radius at the end of the cul-de-sac will be 65
feet. A knuckle/vehicle turn around will be constructed along the north side of the roadway
break the dead-end road length into 700' and 1450' sections. The right-of-way for the
knuckle will be 63' feet. An additional vehicle pull off will be constructed along the south
side of the roadway to allow fire-fighting equipment to access the emergency well. All lots
will be accessed from the internal roads.
Section 24-3-50.G.
There are two outlots proposed for this subdivision. Outlot A is +/- 1.112 acres in size and is
located on the south side of the subdivision. Outlot A lies adjacent to and north of the New
Cache La Poudre Irrigation ditch which is more commonly referred to as the Greeley No. 2
Canal. Existing Oil/Gas facilities and access roads are currently located within the proposed
Outlot A. Outlot A will also permit access to the existing irrigation ditch per the agreement
�-. with the New Cache La Poudre Irrigation Company. Once the subdivision improvements are
Faith Estates Minor Subdivision Page 4 of 6
June 23,2005
complete, Outlot A will also contain an emergency (fire) well and a gravel pull off for access
to the well. Drainage improvements will also be constructed within Outlot A. Outlot B is +/-
0.439 acres in size and is located on the east side of the subdivision. Outlot B is lies adjacent
to and west of WCR 37. Once the subdivision improvements are complete, Outlot B will
contain a gravel pull off from WCR 37 for a school bus stop and mail box center. The
subdivision entrance sign will be located at the south end of Outlot B. Any necessary
maintenance of the outlots will be performed by the HOA as defined in the agreements with
the oil and irrigation companies and the subdivision covenants.
Section 24-3-60.I. 1-16
1. Pages 1 and 2 of the Resolution to grant Change of Zone, MZ#1060, from A
(Agricultural) Zone District to E (Estate), explains all code compliance.
2. Only portions of the subdivision contain soils identified as prime farmland (if
irrigated), as identified by the West Greeley Conservation District. No additional
plans have been made to disturb the prime agricultural land outside of the
construction of residential dwellings. The plat includes Weld County's Right to Farm
Statement, which defines the importance of protecting prime agricultural farmland
and long-established agricultural practices.
3. The applicant has a Water Service Agreement with the North Weld County Water
District. The agreement has been approved by the Weld County Attorney's Office.
The Office of the State Engineer, Water Division, commented on the water supply
from the North Weld County Water District in a June 14, 2004, letter, stating, "there
is expected to be satisfactory water supply and can be provided without causing
material injury to existing water rights." They commented,on the water supply from
the'fire well in their March 17, 2005, letter, stating that "the proposed fire-fighting
well will not cause material injury to decreed water rights, provided the well is
operated only for fire-fighting purposes and provided the well will be capped and
locked at all other times."
4. The Weld County Department of Public Health and Environment has reviewed this
proposal and has indicated that the applicant has satisfied Chapter 24 of the Weld
County Code concerning water and sewer service. Sewer will be provided by
Individual Sewage Disposal Systems (ISDS) and the overall density meets the current
Department policy. Each lot for the proposed Minor Subdivision will have an ISDS
installed per the Weld County Department of Public Health and Environment's
requirements and specifications.
5. There are no areas within this minor subdivision that involve any soil or
topographical conditions presenting a hazard.
6. The designed roadway meets the Rural Subdivision Local (Minor) Typical Street
Section Standards of the Weld County Code. Peter Schei, PE, of the Weld County
Public Works department stated in his comments to the planning department that,
Faith Estates Minor Subdivision Page 5 of 6
June 23,2005
"The applicant has proposed two, 13-foot gravel lanes for the internal road, which
satisfies Weld County Code and is acceptable to Public Works."
7. The access to the property is adequate for this development. Peter Schei, PE, of the
Weld County Public Works department stated in his comments to the planning
department that, "based on the proposal of limited development and apparent low
traffic impact, a traffic study is not currently required."
8. Covenants have been provided with this submittal that address the landowners'
responsibilities for matters pertaining to or affecting the road and rights-of-way for
the minor subdivision.
9. Lot B of Recorded Exemption No. 0805-13-4-RE 2641, located in the Southeast
Quarter of Section 13, Township 6 North, Range 66 West of the 6th P.M., Weld
County, Colorado, is not part of or contiguous with a previously recorded subdivision
or unincorporated town site.
10. No vehicle will be allowed to park on the street. Parking is covered in the covenants.
11. No additional access will be created other than that shown on the plat.
12. Entrance to all lots within the subdivision will only be from the internal road shown
on the plat.
,r^
13. All drainage facilities are adequate and are covered in the drainage report.
14. Faith Estates Subdivision will contain nine (9) residential estate lots.
15. Both the sheriff and fire district of jurisdiction have accepted this subdivision.
16. A wildlife study has been conducted to verify no adverse effect on wildlife. The
preservation of agricultural land is discussed in Item 2, above. There are no known
historical landmarks or sites within this subdivision.
Faith Estates Minor Subdivision Page 6 of 6
June 23,2005
WELD COUNTY ROAD ACCESS INFORMATION SHEET
.—. Weld County Department of Public Works
111 H Street,P.O. Box 758, Greeley, Colorado 80632
Phone: (970 )356-4000, Ext. 3750 Fax: (970) 304-6497
Road File#: Date: May 14, 2004
RE # : Other Case #:
1. Applicant Name Gary M. and Judy L. Harkless Phone 970-396-6477
Address 33439 WCR 37 City Eaton State CO Zip 80615
2. Address or Location of Access 33439 WCR 37
Section 13 Township 6N Range 66W Subdivision Block Lot
Weld County Road #: 37 Side of Road West Distance from nearest intersection .4 mile
3. Is there an existing access to the property? Yes X No # of Accesses 2
4. Proposed Use:
❑ Permanent at Residential/Agricultural ❑ Industrial
❑ Temporary O Subdivision ❑ Commercial 0 Other
************************************************************************************k**************Mit****
5. Site Sketch '/ SIT?
Legend for Access Description: NW Y4 I NE Y4
SF c •t3 13
AG = AgriculturalL....
RES = Residential
O&G = Oil&Gas
D.R. = Ditch Road • �,,/ I
o = House
4 A
emu/ I
O = Shed 2
C 'tit
A =Proposed Access -9 .0
• =Existing Access ,a'S .Y 4 h
O'6 [
NT SVJY4 SEt/4 irc5, J
sE_c.i3 SEC.13 3
STATE Ht rAy 392
I-- .
.......***********************************
OFFICE USE ONLY:
Road ADT Date Accidents Date
Road ADT Date Accidents Date
Drainage Requirement Culvert Size Length
Special Conditions
❑ Installation Authorized ❑ Information Insufficient
Reviewed By: Title:
_6_
PICKETT
August 4, 2005 ENGINEERING, INC.
Chris Gathman
Weld County Planning Department
918 101° Street
Greeley, Colorado 80631
RE: Faith Estates Minor Subdivision
PEI No.03-066
Dear Mr. Gathman:
This letter is regarding the Minor Subdivision Final Plat approval process for Faith Estates Subdivision, Weld
County Case# MF-1060. In preparation for the final plat submittal and as required by the Weld County
Planning Department, the applicant has addressed all of the comments received during.the Sketch Plan and
Change of Zone referral processes. As a result, we do not anticipate any significant issues or concerns to be
brought up during the final plat referraUapproval process that is underway.
With this in mind, the applicant wishes to expedite the final plat approval process and hereby requests a"Pre-
Advertisement"of the Board of County Commissioners' hearing for the final plat approval. The applicant is
suffering financial hardship due to the expense and debt he has accrued while completing the subdivision
process through the County. By expediting the final plat approval process, the applicant will be able to secure a
construction loan and initiate the construction of the improvements to the property. It is critical for the
construction to begin as soon as possible in order begin framing-in some of the proposed homes ahead of the
winter season. This will allow the applicant to begin the sale of lots and homes, alleviating the financial burden
created by developing the property.
The Weld County Planning Commission is currently scheduled to hear this case on September 6, 2005. I have
coordinated with the Clerk to the Board regarding the possibility of completing the requested"Pre-
Advertisement" process. The Clerk to the Board informed me that the next available Board of County
Commissioners' hearing would be September 14. Since the applicant is anticipating the Planning Commission's
recommendation of approval to the Board, we request that the"Pre-Advertisement"process be completed and
this case added to the September 14 Board of County Commissioners' agenda. We have attached the $100
processing fee as required. Please contact me if you have any questions or comments. Thank you.
Sincerely,
PICKETT ENGINEERING,INC.
R. Sean Phipps, PE
Project Manager
RSP/pkg
attachment
cc: Gary Harkless
808 8th Street — Greeley, CO 80631
Phone (970) 356-6362 -- Fax (970) 356-6486
-�- Pickett Engineering, Inc.
Note To File PE 8°8 8F^ Street
Greeley, Colorado 80631
Phone Call PICKETT
�W� KC
Meeting Date: 06/10/2005 (+/-)
PEI Project No.: 03-066/10.1
Project Name: Faith Estates Call To: Michelle Martin
Subject: Mineral Owners Weld County Planning Dept.
Notes by: R. Sean Phipps (970)353-6100 ext.3450
I OPI(S DIS(CLSSEI):
I spoke with Michelle about various items on the Minor Final Plat Submittal checklist, below is a
summary of our conversation.
In regard to the water supply report, I asked if the contract with the North Weld County Water
District was sufficient information. Michelle suggested that we get a current copy of the contract
with the water district and coordinate with the Office of the State Engineer, Division of Water
Resources to determine if they had sufficient information to offer an opinion on the water supply
report and the proposed"fire well". A letter dated 06/07/05 to the Office of the State Engineer, an
email dated 06/06/05 and a Fax date 06/08/05 to Michelle Martin detail the coordination with the
Office of the State Engineer. See attached correspondence.
In regard to the list of mineral owners and lessees of mineral owners, I reminded Michelle when
this list was submitted for the Change of Zone process, Gary Harkless was the only mineral owner
listed. Since nothing had changed, I asked if we could resubmit the List of Mineral Owners and
Mineral Lessees prepared in December 2004 for COZ. Michelle said that would be permissible
noting that Gary is the one responsible for providing that list which is necessary to notification of
the mineral owners and lessees. She requested that the Final Plat submittal state that Gary does
not plan on doing any additional drilling on the property and does not plan to place any additional
wells on the property.
This note to file will be attached to the Final Plat Submittal Application and as requested
states that: Mr. Harkless does not plan creating any additional burden on the property by
initiating any additional drilling nor does he plan to place any additional wells on the
property.
NTF006-WC PLANNING DEPT.
Report Date: 06/23/2005 11:31AM WELD COUNTY TREASURER Page: 1
STATEMENT OF TAXES DUE
SCHEDULE NO: R0907201
r ASSESSED TO:
HARKLESS GARY M &
33439 COUNTY RD 37
EATON, CO 80615
LEGAL DESCRIPTION:
PT SE4 13-6-66 LOT B REC EXEMPT RE-2641 (1.33R) SITUS: 33439 37 CR WELD
PARCEL: 080513000036 SITUS ADD: 33439 37 CR WELD
TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE
2004 TAX 2,934.12 0.00 0.00 2,934.12 0.00
TOTAL TAXES 0.00
GRAND TOTAL DUE GOOD THROUGH 06/23/2005 0.00
ORIGINAL TAX BILLING FOR 2004 TAX DISTRICT 0226-
Authority Mill Levy Amount Values Actual Assessed
WELD COUNTY 19.957 729.63 AGRICULTUR 11,906 3,450
SCHOOL DIST RE2 40.307 1,473.62 AGRICULTUR 415,965 33,110
NCW WATER 1.000 36.56
NWC WATER 0.000 0.00 TOTAL 427,871 36,560
EATON FIRE 9.000 329.04
AIMS JUNIOR COL 6.328 231.35
WELD LIBRARY 3.249 118.78
WEST GREELEY CONSERVATION 0.414 15.14
TAXES FOR 2004 80.255 2,934.12
ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER
OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE
CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES-AUGUST 1,
�.., REAL PROPERTY-AUGUST 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK.
P.O. Box 458
Greeley, CO 80632
(970) 353-3845 ext. 3290
WELD COUNTY TREASURER
Pursuant to the Weld County Subdivision Ordinance, the attached Statement(s)
of Taxes Due, issued by the Weld County Treasurer, are evidence that, as of this date,
all property taxes, special assessments and prior tax liens currently due and payable
connected with the parcel(s) identified therein have been paid in in full.
•
Signed � r�`Q/ Date 2,,4 3/s--
Sean Phipps
from: Peter Schei [pschei@co.weld.co.us]
nt: Tuesday, February 22, 2005 8:59 AM
Sean Phipps
Subject: RE: Ditch Agreement for Faith Estates with New Cache La Poudre Irrigating Co
Good Morning, Sean:
I will have to defer to the County attorney wrt the easement. . .since the
interior roadway will be a 'private' roadway and not accepted by the
County for maintenance, I can see no problems at this time. Please
proceed ahead as needed with your development.
Have a great day, Peter.
Peter SCHEI, P.E., N.S.P.E.
Public Works Department
Weld County
pschei@co.weld.co.us
Original Message
From: Sean Phipps [mailto:sphipps@pickettengineering.com]
Sent: Monday, February 21, 2005 4:58 PM
To: don@newcache.com; Lee Morrison; Peter Schei
Cc: Kris Pickett
Subject: Ditch Agreement for Faith Estates with New Cache La Poudre
Irrigating Co
_.ttached is an edited version of a ditch agreement between Gary Harkless
(Faith Estates) and The New Cache La Poudre Irrigating Company. If you
have any comments or questions, please contact me.
<<Ditch - New Cache Irrigating Agreement.doc>> R. Sean Phipps, P.E.
Pickett Engineering, Inc.
Phone: 970-356-6362, ext. 28
Fax: 970-356-6486
1
•
Sean Phipps
"stem: Lee Morrison ilmorrison@co.weld.co.us]
nt: Thursday, March 10, 2005 12:49 PM
fo: Sean Phipps; don@newcache.com; Peter Schei
Cc: Kris Pickett
Subject: RE: Ditch Agreement for Faith Estates with New Cache La Poudre Irrigating Co
I have received the faxed revised version updated to include the
breakout of the descriptions. I cannot speak to the physical adequacy
of the access done in this fashion but I do have comments on the legal
adequacy.
The access road needs to be dedicated to the County for the use of the
public but it would not be accepted by the County for maintenance.
Since Harkless owns the underlying interest, he will also have to
dedicate the same area. I don't disagree with the premise that the
ditch notify the county and homeowners if doing maintenance form the
right of way, but as a public road they would need to also abide by
MUTC safety signage standards
Lee D. Morrison
Assistant Weld County Attorney 915
10th St., PO Box 758
Greeley, CO 80632
(970) 356-4000 x 4395: FAX 352 0242
This e-mail contains confidential and/or privileged information. If the
reader is not the intended recipient, please reply and delete your copy
of this message. "
Original Message
>>>From: Sean Phipps [mailto:sphipps@pickettengineering.com]
>>>Sent: Monday, February 21, 2005 4:58 PM
>>>To: don@newcache.com; Lee Morrison; Peter Schei
>>>Cc: Kris Pickett
>>>Subject: Ditch Agreement for Faith Estates with New Cache La
>>>Poudre Irrigating Co
>>>
>>>
>>>Attached is an edited version of a ditch agreement between
>>>Gary Harkless (Faith Estates) and The New Cache La Poudre
>>>Irrigating Company. If you have any comments or questions,
>>>please contact me.
>>>
>>>
>>> <<Ditch - New Cache Irrigating Agreement.doc>> R. Sean Phipps, P.E.
>>>Pickett Engineering, Inc.
>>>Phone: 970-356-6362, ext. 28
>>>Fax: 970-356-6486
>>>
>>>
>>>
1
Weld County
John B. Cooke, Sheriff
To: Weld County Planning,Michelle Martin
From: Cmdr. Broderius
Ref: Proposed Faith Estates minor subdivision
Ms. Martin
As connnander of the community resource division I have reviewed the plans for the proposed Faith
Estates minor subdivision. Mr. Harkless has complied with all changes that have been requested and is
in general compliance. The only remaining issue that is currently being addressed is the issue of
gaining permission from Merritt Oil to be allowed to provide security fencing around the oil tanks and
well site. It is felt that Merritt Oil is likely to work with Mr. Harkless to allow him to place some form
of a safety fence to keep individuals out of the oil site for their own protection. It is felt that this is a
minor issue that should be resolved thus the Sheriff's Office finds that there is no reason based on our
�^ concerns that should stop this subdivision from going forward.
Sincerely, p rrer61,
if
J.D. Broderius
...:Y) n!('-i(!c? cLr ;i t'/t'titULr.'il ra< a 'CI IC I1!111217(1[[7 ;tit:( 'f117C1ttL'E
haw, on,/ sol,•,'t, /he ti,vide O1i4- -'( t i i 211111F.
Main Office, Greeley Fort Lupton Sub Station Southwest Complex North Jail Complex
1950"O"Street 330 Park Avenue 4209 WCR 24 A 2110"O"Street
Greeley,CO 80631 Fort Lupton,CO 80621 Longmont,CO 80504 Greeley,CO 80631
Phone(970)356-4015 Phone(303)857-2465 Phone(720)652-4215 Phone(970)356-4015 x3922
02:02/05 10:112 NAA 910 304 04bo uc.,v .tfr
...v.,.uw .�
DEPARTMENT OF PLANNING SERVICES
�`\ PHONE (970)353 61100, EXT 3,5040
wilg C FAX (970)304-6498
-'1
849-STREET
GREELEY, COLORADO 60 80635
COLORADO
•
February 2, 2005
TO: Gary Harkless
FROM: Lin Dodge, Building Tech
RE: Addressing for Faith Estates Minor Subdivision (Case #MZ-1060)
•
I find no duplication or conflict with your request to name the interior road of your proposed minor
subdivision "Faith Lane." Attached is the assigned addressing which was revised at your request.
This revision does not conflict with the intent of Weld County Code Ordinance 2003-6. If you have
any further questions or concems, please do not hesitate to contact me.
02:02'00 LU:UZ PA.\ 11/0 4O4 o4bo ',cub, icv .u.v :y...._
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REVISED ADDRESSING 2/2/05 AT DEVELOPER'S REQUEST
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Lin Dodge, Building Tech spI;l- sethet ;Sion'. ;pile Iwo
2/2/05 II OCAS I I
fax 356-2722 Gary Harkless b • a yed- toutQcUrrsses
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EATON SCHOOL DISTRICT RE-2
John J.Nuspl 200 Park Avenue
Superintendent Eaton, Colorado 80615
^70)4543402
J7O)454-5193 Fax
March 9, 2005
Gary and Judy Harkless
33949 WCR 37
Eaton, CO 80615
RE: Minor Subdivision (Faith Estates)
Dear Mr. and Mrs. Harkless:
This letter is to confirm our understanding as to how your minor subdivision referral will affect the
Eaton School District RE-2. As per the Districts response to the Weld County Planning
Department on January 27, 2005, the District has established a cash-in-lieu payment for
residential development within the District in order to provide adequate educational opportunities
as a result of that development.
The District will accommodate your request to coincide this payment with the final plat and the
closing of a bank construction loan for infrastructure improvements to the property that will take
place in early July 2005. This agreement stipulates that the $9,387 due to Eaton School District
RE-2 will be remitted to us within ten days of the July loan closing. In the event payment is not
made to the District within that time frame, or other arrangements are not made with the District in
respect to payment, collection procedures will begin immediately.
If you are in agreement, please sign in the space provided below and return a copy to me. Thank
you for your cooperation with Eaton School District RE-2.
Please let me know if you have any questions.
Sinwrely,
Timothy Unrein
Business Services Director
Acknowledgement:
I agree to the terms referred to above.
O2 -g-e)
ry . Harkless . Date
CILIA -
Ju Harktessi Date
Id:\Weld County Planning Department\weld cty-gary harkless agreement 3-8-05.doc
Sean Phipps ^ ^
From: Sean Phipps [sphipps@pickettengineering.com]
c t: Monday, June 06, 2005 4:24 PM
lv. 'Michelle Martin (mmartin@co.weld.co.us)'
Cc: 'Alan Overton (alano@nwcwd.org)'
Subject: Faith Estates Minor Subdivision Water Supply Report
Contacts: Michelle Martin
Michelle,
I have left a message with loana Comaniciu at the Office of the State Engineer, Division of Water Resources. I am attempting to
coordinate with her prior to forwarding our current water supply information for her review. During the Final Plat referral process,
the Office of the State Engineer will be reviewing our information to establish their opinion on whether or not the proposed water
supply will cause material injury to existing water rights and if the supply is expected to be adequate. In their review of the Faith
Estates Minor Subdivision,they will be evaluating the water supply information for the North Weld County Water District and the
water supply information for the proposed "fire well". It is my hope that our current information is sufficient for them to offer an
opinion on these issues. If not, I will work with loana to determine what additional information may be required.
Also, I spoke with Alan Overton from the North Weld County Water District this afternoon. I explained that Mr. Harkless will have
to submit copies of the finalized water agreement prior to recording the final plan. Since the most recent water agreement was
drafted in March of 2004, Mr. Overton agreed to review the agreement and make revisions as required. He explained that the
NWCWD has a board meeting next Monday and he would work on the agreement in preparation for the board meeting. I asked
Alan if I could obtain a current Water Supply Report from the NWCWD. Alan explained that the NWCWD typically sends a copy of
that information to the Office of the State Engineer on an annual basis. He believed they should already have a current copy. I
will ask loana if the information they have for the NWCWD is sufficient.
I will be forwarding copies of my correspondence regarding the water supply issue to your office to keep you up to date. Please
fee-,,e to contact me if you have any questions or comments. Thank you.
Sean Phipps, PE
Project Manager
PICKETT ENGINEERING, INC.
808 8th Street
Greeley. CO 80631
Phone 970.356.6362 ext. 28
Fax 970.356.6486
6/27/2005
June 7, 2005
loana Comaniciu
Office of the State Engineer
Division of Water Resources
1313 Sherman Street, Room 818
Denver, Colorado 80203
RE: Faith Estates Subdivision
Water Supply Information
PEI No. 03-066
Dear loana:
The Faith Estates Minor Subdivision Change of Zone Plat has been approved and recorded by
the Weld County Planning Commission and the Board of County Commissioners. We are
currently preparing the Final Plat submittal package. During the Final Plat referral process, the
Office of the State Engineer will be asked to review our information to establish an opinion
on whether or not the proposed water supply will cause material injury to existing water rights
and whether or not the supply is expected to be adequate. In the review of the Faith Estates
Minor Subdivision, the water supply information for the North Weld County Water District and
the water supply information for the proposed "fire well" will be evaluated. The intention of this
letter is to provide you with our current information regarding the water supply to determine if it
is sufficient for your office to offer an opinion on these issues.
In regard to the water supply from the North Weld County Water District (NWCWD), I asked
Alan Overton if I could obtain a current Water Supply Report for the district. Alan explained that
the NWCWD typically sends a copy of that information to the Office of the State Engineer on an
annual basis. He believed your office should already have a current copy. Previously your
office reviewed the letter of commitment from the NWCWD indicating that the district is able
and intends to serve the proposed subdivision. Your office submitted a letter dated June 14,
2004, in response to the referral materials provided by Weld County. In that letter your office
offered the opinion that, "with the District being the proposed water supplier, there is expected to
be satisfactory water supply and can be provided without causing material injury to existing
water rights." The Final Plat submittal package will contain no changes to the water supply from
the NWCWD. That stated, will your office need a current Water Supply Information Summary
from the NWCWD or are your current records sufficient? Is there any other information
required by your office that we have not yet submitted?
Office of the State Engineer
Faith Estates Subdivision
June 7,2005
Page 2 of 2
In regard to the water supply for the fire well, we have attached a copy of a Water Supply
Information Summary that is specific to the fire well. As you are aware,the NWCWD has
previously stated that they have "no objection" to the construction of the proposed well within
their district and has "no objection"to the developer submitting a well permit application to the
Colorado Division of Water Resources. You are also aware that:
• The well will be capped and locked and used exclusively by the Eaton Fire Protection
District, available only for fighting fires.
• The well will not be used to provide water to the central water distribution system.
• At such time as the NWCWD is able to provide the required fire flow through the central
water system, the use of the well for fire-fighting purposes will be abandoned.
The developer intends to submit a General Purpose Water Well Permit Application upon the
approval of the Final Plat. A draft copy of the permit application has been attached. Based on
the proposed use of the well as described above, we believe the well permit will qualify for
"exempt" status and will not take an extended period of time to be approved. Is the attached and
previously supplied information sufficient for your office to provide an opinion on the potential
for injury to decreed water rights and the adequacy of the water supply in regard to the fire well?
We hope to identify and resolve any issues your office may have prior to submitting the Final
Plat package to Weld County for their review. Please contact me so we can discuss these issues.
Thank you for your time in this matter.
Sincerely,
PICKETT ENGINEERING, INC.
R. Sean Phipps, PE
Project Manager
RSP/jz
enclosures
cc: Gary Harkless
Michelle Martin, Weld County Planning Dept.
• DECLARATION OF COVENANTS
CONDITIONS AND RESTRICTIONS
FOR FAITH ESTATES
ARTICLE I - PREAMBLE
Declarants are the owners of that certain real property situate in Weld County, Colorado,
described on Exhibit "A" hereof(the Property"). The Property has been platted as Faith Estates
Minor Subdivision by a plat recorded simultaneously with this declaration.
Declarants desire to develop the Property for residential purposes. Declarants deem it desirable to
subject the Property to the covenants, conditions and restrictions set forth in this Declaration in
order to preserve the values of the individual lots and to enhance the quality of life for all owners
of such lots.
Declarants therefore declare that all of the Property is and shall be held, transferred, sold,
conveyed and occupied subject to the terms, restrictions, limitations, conditions, covenants,
obligations, liens, right of ways, and easements which are set forth in this Declaration, all of
which shall run with the Property and shall inure to the benefit of, and be binding upon, all
parties having any right, title, or interest in the Property or any portion thereof, and such person's
heirs, grantees, legal representatives, successors and assigns.
All matters not specifically addressed herein shall be dealt with in accordance with
ordinances and regulations of Weld County, including, but not limited to, the Weld County
Zoning Ordinance.
It is the intention of the Declarant to allow individual lot owners liberty in respect to the use
of their property. Any issues or questions which may arise with respect to items not
specifically dealt with in this Declaration shall be brought before the association of owners
of Faith Estates. Any final determination by the association shall be honored by the lot
owner and shall be binding and final unless further determinations or recommendations
made by the Association.
ARTICLE II - DEFINITIONS
2.1 General. The words and terms defined in this Article shall have the meanings herein set
forth unless the context clearly indicates otherwise. All meanings and definitions of terms not
specifically defined herein will be determined by the Developer.
2.2 Association shall mean and refer to Faith Estates Homeowner's Association, which shall be
a Colorado Non profit Corporation established pursuant to Article IV of this Declaration. The
members of the Association shall be Lot Owners as defined herein.
2.3 Common areas shall refer to all real Property or interests therein owned by the
Association and easements and rights of way for the common use and enjoyment of the
Owners, including, but not by way of limitation, Faith Estates, the right of way of Faith Lane,
utilities, utility easements and mail and school bus pullovers.
2.4 Developer shall mean Gary M. and Judy L. Harkless,co-owners of the Property.
2.5 Developer and Association responsibilities shall refer to the road constructed pursuant
to specifications required by Weld County and the right of way adjacent to Faith Lane.
Developer shall install a gravel road according to the specifications of Weld County.
The Association shall maintain, repair and replace the road after such facility has been installed
by the Developer.
1
Developer shall plant vegetation on the right of way adjacent to Faith Lane '
The Association shall maintain and replace non-weed vegetation after such vegetation has been
planted by the Developer.
2.5 a Attachments:
The individual lot owners recognize that the developer has entered into specific contracts with
Merit Energy,New Cach la Poudre Ditch Co., Gram Drainage Ditch Co. These contracts will
become binding on all lot owners as well as a part of the covenants of Faith Estates. Copies of
all said contracts will be attached to the covenants of Faith Estates.
2.6 Lot shall mean and refer to any numbered parcel or plot of land shown as such upon the
recorded final plat Faith Estates Minor Subdivision, and any re-subdivision of a lot in accordance
with the applicable rules, regulations and ordinances of Weld County.
2.7 Owner shall mean any person or entity, including Developers,who own the record fee
simple interest in one or more Lots. The term "Owner" shall include the grantee,transferee,
successor, personal representative, devisee and assignee of an Owner, but shall not include a
mortgagee or other person or entity having an interest merely as security for the performance of
an obligation.
2.8 Road and Utility Easements shall mean and refer to the road Faith Lane and all utility
easements presently existing on the Property or subsequently constructed by the Declarants on
the Property which are necessary to provide vehicular access, ingress, egress, utilities or
drainage to lots, tracts or parcels of the property. "Roads" and "Utility Easements" shall not
include private driveways or utility extensions constructed by individual Owners to provide
access and utilities to dwellings or other structures located upon such Owner's lot of the
Property.
2.9 Single family dwelling shall mean an independent structure designed and occupied as a
residence for a single family.
2.10 Subdivision shall mean Faith Estates minor subdivision.
2.11 Other terms may be defined in specific provisions contained in the Declaration and shall
have the meaning assigned by each such definition. All meanings and definitions of terms not
specifically defined herein will be determined by the Developer.
ARTICLE III -USE AND OTHER RESTRICTIONS
3.1 Land Use and Building Types. A lot may be used only for one single family dwelling. The
primary residential building must include as a part thereof, a garage,or if a garage is not included
as a part of the residence, then a separate garage structure shall have identical architectural design
and exterior design and appearance consistent with that of the residence accommodated thereby.
3.1.1 Size. The dwelling space of the residence, exclusive of the garage and open porches,
shall contain a minimum of 1800 square feet square feet of finished non-basement living
space. The maximum height of the residence and any accessory building is not to exceed
thirty (30) feet.
3.1.2 Pre-constructed homes. No homes of a preconstructed nature, which shall include but not
be limited to trailer homes, Mobil homes, modular homes, and any and all such prefabricated
dwellings, including Manufactured Homes as defined by the Weld County Zoning Ordinance,
shall not be permitted without prior written approval of the Developer.
3.1.3 Exterior Materials. The exteriors of all residences must be wood, masonry, stone, stucco
2
or material with a stucco-like appearance.No vinyl steel, or aluminum siding allowed. No four
feet by eight feet sheeted type siding will be allowed.
3.1.4 Building Envelope. On all Lots the main dwelling and improvements may be constructed
only within the area designated "Building Envelope" on the plat. It is the Developers intention to
preserve the scenic view of each lot in respect to the other lots. Therefore all building locations
and architecture design must be submitted to and approved by the Developer prior to any and all
construction.
3.1.5 Animals. Each lot owner may have what is referred to as an animal unit. One animal
unit will be allowed per acre. One animal unit will be equal to one horse or three smaller type
animals which will be defined herein. The smaller types of animals allowed will include but not
be limited to dogs, cats, rabbits, pigeons, most domestic type pets. Cows, and pigs will not be
permitted. Any animals not specifically mentioned herein will be submitted to the Association
for written approval prior to their presents in the sub division. All animals will be kept healthy,
fed,watered, and contained within their own property boundaries.
3.2 Accessory buildings.No more than three (3) accessory buildings (not including the
garage)having a maximum aggregate area of 3,000 sq. ft. which are well constructed and
neat of appearance, shall be permitted. No buildings with a Quonset type appearance are
permitted.
3.3 Fencing. The Association recognizes the need in some applications for what is referred to
as a(live stock rated) fence. Never the less it is our intention to use a 2 or 3 rail vinyl fence
where ever applicable for example front and side yards. All other types of fencing to the
Association for approval. No fencing of any type other than what has been listed without prior
written approval by the Association. Barbed or barbless wire fencing are expressly prohibited
unless prior written approval is granted by the Association.
3.4 Outdoor storage. All materials and items stored on any lot shall be screened from view
from public rights of way and adjacent properties. Tractors and machinery not being used for
maintenance of the lot or other applicable use common on a small rural lot, such as back hoes,
bull dozers, cranes and such like big commercial application machinery shall be parked in a
completely enclosed building. Unlicensed or inoperable motor vehicles of any kind shall be
completely enclosed in a storage building. Construction materials shall be stored in an enclosed
building except during the actual construction of the dwelling or improvement.
3.5 Right of way and easements. The area of Faith Lane and subsequent right of way,
is to remain open space, free of buildings, fences, trees or shrubs. Easements and non-
buildable areas for the installation and maintenance of utilities and drainage facilities
are reserved as shown on the Plat. Within these easements, no structure, planting or
other materials shall be placed or permitted to remain which may damage or interfere
with the installation and maintenance of utilities,which may change the direction of
flow of drainage in the easements. If any landscaping or structure is installed which
violates such requirements in the right of way or easements and drainage areas, the
Association may give the Owner written notice to remove such landscaping or structure.
If the Owner fails to remove the landscaping or structure within thirty (30) days of
receipt of notice, the Association may have such work done at the expense of the Owner
of the lot. If the work is done by the Association at the Owner's expense, the Owner
shall pay for such work within ten (10) days after notice is given in writing to the
Owner as to the cost of such work. In the event of failure to pay within that time and if
the Association thereafter incurs any attorneys' fees and costs in collecting such amount
from the Owner, all such attorneys' fees and costs incurred shall likewise be a debt
owed by the Owner to the Association.
3.6 Maintenance of lots. The Owner of each lot shall plant and maintain non-weed
vegetation adequate to prevent the blowing of dust, and shall control weeds on such lot.
3
If an owner fails to maintain a lot in accordance with this requirement, the Association
shall have the right to plant and maintain non-weed vegetation and to control weeds at
the lot Owner's expense. The Owner shall be liable for reasonable attorney's fees and
costs incurred by the Association in collecting such charges.
3.7 Nuisances.No noxious or offensive odors will be allowed to persist over a period
of time not to exceed two (2) days on upon any lot, nor shall anything be done thereon
which may be or may become an annoyance or nuisance to the entire neighborhood.
3.7.1 Septic Systems. It shall be noted that being in Weld County,that the sewage
disposal systems on each lot are of a septic tank and leach field. There are primary and
secondary field envelopes. These field envelopes require periodical maintenance and
care. It shall be the responsibility of each lot owner to provide to the Association a
letter or invoice from a qualified sewage company no more than every two years that
their systems have been inspected and or pumped and that each system is in good
working order. It is further stated that activities such as landscaping, (i.e. planting of
trees or shrubs) and construction (i.e. auxiliary structures, dirt mounds, etc.) are
expressly prohibited in the designated absorption field site.
3.8 Recreational vehicles. No owner shall keep more than one travel trailer, motor
home, camper unit
or similar recreational vehicle, and more than one boat on any lot without prior written approval
by the Association.
3.9 Private drives. During construction of private drives to individual lots from Faith Lane,
individual
lot owners must permanently install a minimum of a twelve (12) inch culvert or bigger if
necessary per engineers drainage plate in any drainage ditch areas so as not to hinder water
.-� drainage flow.
3.10 Compliance. Each lot owner shall maintain compliance at all times with the requirements
of the
Weld County Public Works Department, Weld County Health Department, Division of Wildlife,
Eaton Fire Protection District and the Weld County Planning Department.
3.11 Oilfield production. Oil/gas wells, production and transmission facilities are located on the
Subdivision. Oil/gas production workers have the right of access to their facilities within the
Subdivision without interference by lot owners thru the approved easements per final plat.
3.12 Parking. Owners and their guests shall park vehicles only on their own lots.
No vehicles shall be parked on Faith Lane at any time.
3.13 Disposal of trash and garbage. Owners shall keep their lots in a clean, safe
and attractive condition; no trash, rubbish or garbage shall be allowed to
accumulate. All trash, garbage and other refuse shall be kept in sanitary covered
containers, and shall be disposed of no less frequently than bi-weekly.
3.14 Violations of law.Nothing shall be done or kept on any lot which would be
in violation of any statute, ordinance, rule, regulation or requirement of any
governmental entity.
3.15 Animals. Animals are permitted to be kept within the Subdivision only in accordance with
the provisions of the Weld County Zoning Ordinance. All pets must be confined to the Owner's
lot, and must not be allowed to roam. Animals shall not be allowed to cause noise or odors so as
to become a nuisance
3.16 Right to Farm Covenant. Weld County is one of the most productive agricultural counties
4
in the United States. The rural areas of Weld County may be open ana spacious, but they are
intensively used for agriculture. Persons moving into a rural area must recognize there are
drawbacks, including conflicts with longstanding agricultural practices and a lower level of
services than in town.
Agricultural users of the land should not be expected to change their long-established
agricultural practices to accommodate the intrusions of urban users into a rural area. Well run
agricultural activities will generate off-site impacts, including noise from tractors and equipment;
dust from animal pens, field work, harvest, and gravel roads; odor from animal confinement,
silage, and manure; smoke from ditch burning; flies and mosquitoes; the use of pesticides and
fertilizers in the fields, including the use of aerial spraying. Ditches and reservoirs cannot simply
be moved "out of the way" of residential development without threatening the efficient delivery
of irrigation to fields which is essential to farm production.
Weld County covers a land area of over 4,000 square miles in size (twice the size of the
State of Delaware)with more than 3,700 miles of state and county roads outside of
municipalities. The sheer magnitude of the area to be served stretches available resources. Law
enforcement is based on responses to complaints more than on patrols of the county and the
distances which must be traveled may delay all emergency responses, including law enforcement,
ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs
and families to respond to emergencies. County gravel roads, no matter how often they are
bladed, will not provide the same kind of surface expected from a paved road. Snow removal
priorities mean that roads from subdivisions to arterials may not be cleared for several days after
a major snowstorm. Snow removal for roads within subdivisions are of the lowest priority for
public works or may be the private responsibility of the homeowners. Services in rural areas, in
many cases, will not be equivalent to municipal services.
Children are exposed to different hazards in the country than in an urban or suburban
setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power
for pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial
farm dogs, and livestock present real threats to children. Controlling children's activities is
important, not only for their safety, but also for the protection of the farmer's livelihood.
3.16.1 General Liability Waiver for Fagerberg Produce Company known as (FPC) or(the farm)
herein. It has been a long standing acknowledgement that the ditch that parallels the east of the
subdivision and WCR 37 has needed periodic maintenance for the quality and safe operation of
water flow from(FPC)north of the subdivision. The (FPC)has been voluntarily supplying the
maintenance to this water carrying ditch. Which has included weed burning and necessary dirt
work. The Association recognizes and acknowledges that (the farm) has been doing this work
voluntarily and is by no means obligated to doing same. The Association will continue to allow
(the farm) unhindered access to the ditch as long as (the farm) feels necessary to continue this
practice. It is further agreed by the Association not to hold (the farm) liable in any way for any
problems or damage that may occur which is unforeseen in respect to such maintenance.
Furthermore it is understood and acknowledged that under normal irrigation practices of(the
farm) on the north boundary of the subdivision does a very good job of diverting or re-channeling
the excess water flow from the irrigation. However in extreme rainfall conditions (because of the
topography of the land)that there will be times that overflow from the farm may run into the
subdivision. At these times it is difficult if not impossible for (the farm)to divert the sure
volume of water from that type of run off. The Association and lot owners in particular release
(the farm) for any damages that may occur as a result of circumstances out of(the farm)'s control
due to an unusual flow of water during extremely bad whether.
ARTICLE IV - THE ASSOCIATION
4.1 Articles of Incorporation and Bylaws. The interests of all lot owners shall be governed and
administered by the Articles of Incorporation and Bylaws of the Faith Estates Homeowner's
Association and by this Declaration. In the event of a conflict between the provisions of this
Declaration and the Articles of Incorporation or the Bylaws of the Association, the terms of this
Declaration shall be controlling.
4.2 Membership. Each owner of a lot, upon becoming an owner, shall be a member of the
Association and shall remain a member for the period of his ownership. Membership shall be
appurtenant to, and may not be separated from, record ownership of a lot. Such membership shall
5
automatically transfer to a new Owner upon the sale,transfer or other ...sposition of ownership of
a lot. The Owner(s) of each lot shall be entitled to one vote with regard to the affairs of the
Association. If any lot is owned by more than one person or by an entity comprised of more than
one person, such owners of entity shall designate one person to act in behalf of such Owners with
regard to the affairs of the Association.
4.3 Powers. The Association shall have all of the powers necessary to enforce all of the
applicable provisions of this Declaration, and to govern, manage, maintain, repair, administer and
regulate Faith Estates and to perform all of the duties required of it.Notwithstanding the above,
the Association shall not be empowered or entitled to use hazard insurance proceeds for loss to
the common areas improvements for other than repair, replacement or reconstruction of such
improvement.
4.4 Association Responsibilities. The maintenance and operation of Faith Lane and all
common
areas including the right of way shall be the responsibility and the expense of the Association,
and the costs there of shall be the responsibility of all the lot owners. Though Faith Estates will
have fire hydrants installed as part of the infrastructure. It is of note that until such time as North
Weld Water can provide a sufficient Fire Flow of 500 GPM to hydrants, a fire well will be
located in Faith Estates minor subdivision. Maintenance of this well will be the responsibility of
the Association not withstanding the fact that the only use of this well will be for fires only and
operated by the appropriate Eaton Fire District or other districts personnel.
4.5 Formula for Determining Assessments. Assessments shall be made no less frequently than
annually and shall be based upon a budget adopted no less frequently than annually by the
Association. The assessments shall be apportioned equally among all lots within the Subdivision.
Each owner,by the acceptance of a conveyance of a lot shall be obligated to pay his share of such
expenses. An owner shall be responsible for his full share of such expenses whether or not his lot
is improved. If a new annual assessment is not adopted, an assessment shall be presumed to have
been adopted in the amount of the last prior assessment.
4.6 Based upon budget. Assessments shall be based upon the budget which shall be established
by the Board of Directors at least annually,which budget shall be based upon the cash
requirements deemed to be such aggregate sum as the Board of Directors of the Association shall
from time to time determine is to be paid by all of the lot owners to provide for the payment of
all expenses growing out of or connected with the maintenance, repair, operation, additions,
alterations and improvements of and to Faith Lane-and the common areas, which sum may
include, but not be limited to, expenses of management; taxes and special assessments unless
separately assessed; premiums for insurance; repairs and renovations; wages; water charges; legal
and accounting fees; expenses and liabilities incurred by the Association or any of its agents or
employees on behalf of the lot owners under or by reason of this Declaration and the Articles of
Incorporation and Bylaws of the Association; for any deficit remaining from a previous reserve,
working capital and sinking funds as well as other costs and expenses relating to Faith Lane and
the common areas, which shall be funded by regular annual or monthly payments rather than
special assessments.
4.7 Assessments for other charges. The Association shall have the right to charge a lot owner
for any expense caused by the misconduct of such lot owner or the failure by such owner to take
any action required hereunder, in which event such expense may be assessed exclusively against
such owner. The Association shall have the right to impose a lien for any such special service
charges or charges due to misconduct that are not paid when due; said lien shall include court
costs and reasonable attorneys' fees incurred by the Association in collecting said charges.
4.8 Assessments. The amount of the common expenses and misconduct charges assessed
against each lot shall be the personal and individual debt of the owner thereof. No owner may
exempt himself from liability for contribution towards the common expenses by waiver of the
use or enjoyment or by abandonment of his lot. An owner's loss of a lot by foreclosure or by
proceedings in lieu of foreclosure shall not cancel or terminate such owner's liability for
assessments and charges accrued prior to the date hereof. The Association shall have the
authority to take prompt action to collect any unpaid assessment which remains unpaid for more
6
than sixty (60) days from the due date for payment thereof In the event of default in the payment
of an assessment, the lot owner shall be obligated to pay interest at the rate of eighteen percent
(18%) per annum on the amount of the assessment from due date thereof, together with all
expenses, including attorneys' fees, incurred together with such late charges as are provided by
the Bylaws or rules of the Association. Suit to recover a money judgment for unpaid assessments
shall be maintainable without foreclosing the lien described below and such suit shall not be, or
construed to be, a waiver of lien.
4.10 Creation of Lien and Foreclosure. All assessments together with any special assessment or
other fee, cost or charges which an Owner is obligated to pay, shall be a debt of such Owner to
the Association on the date when each installment thereof becomes due. In the event of the
default of any Owner in the payment of any installment, such amount, and any subsequently
accruing unpaid assessments,together with interest thereon and together with all costs which
may be incurred by the Association in the collection of such amount, together with reasonable
attorneys' fees shall constitute a lien on such lot superior to all other liens and encumbrances,
except only for tax and special assessment liens on the lot in favor of any governmental assessing
entity, and all sums unpaid on a mortgage or deed of trust of record, including all unpaid
obligatory sums as may be provided by such encumbrances. To evidence such lien,the
Association shall prepare a written notice of lien assessment setting forth the amount of such
unpaid indebtedness, the amount of the accrued interest and late charges thereon, the name of the
owner of the lot, and a description of the lot. Such notice of lien shall be signed by one of the
officers of the Association on behalf of the Association and may, but is not required to, be
recorded in the office of the County Clerk and Recorder of Weld County, Colorado. Such lien
shall attach and be effective from the due date of the assessment until all sums, with interest and
other charges thereon, shall have been paid in full. Such lien may be enforced by the foreclosure
of the defaulting owner's lot by the Association in like manner as a mortgage on real property
upon the recording of the above notice of lien. In any such proceedings,the owner shall be
required to pay the costs, expenses and attorneys' fees incurred for filing the lien, and in the event
of foreclosure proceedings, all additional costs, all expenses and reasonable attorneys' fees
incurred. The owner of the lot being foreclosed shall be required to pay to the Association any
assessment or special service charge whose payment becomes due for the lot during the period of
foreclosure, and the Association shall be entitled to a receiver during foreclosure, and the
Association on behalf of the member owners, shall have the power to bid on the lot at foreclosure
or other legal sale and to acquire and hold, lease, mortgage, vote the votes appurtenant to, convey
or otherwise deal with the same upon acquiring title to such lot.
4.10 Liability upon transfer. Any owner who sells a lot in good faith and for value shall be
relieved of the obligation for payment of assessments arising thereafter attributable to the lot, as
of the date of the recordation of the deed transferring such lot to the subsequent purchaser. The
Owner transferring, and the purchaser of the transferred lot, shall be jointly liable for payment of
all assessments and any related interest, costs and attorneys' fees attributable to the lot accrued
through the date of such recordation, and the lien for recovery of the same shall remain in force
against such lot.
4.11 Board and Officers of Association. Until all lots have been sold by Declarant the Declarant
may appoint and remove the officers and members of the Board of the Association.
ARTICLE V - GENERAL PROVISIONS
5.1 Durations. Subject to the provisions of Section 5.3 of this Article, this Declaration shall
remain in full force and effect, shall run with the land and shall be binding on all persons having
any interest in any lot in the Subdivision for a period of twenty (20)years from the date this
Declaration is recorded and thereafter shall be automatically extended for successive periods
often(10)years unless an instrument signed by a majority of the then owners of lots in the
Subdivision has been recorded agreeing to change or terminate the Declaration in whole or part.
5.2 Amendments. This Declaration, or any portion thereof, may be amended or revoked at any
7
time by an instrument in writing signed by the owners of at least sixty-six percent(66%)of the
lots in the Subdivision and one hundred percent (100%)of the holders of recorded mortgages or
deeds of trust. Any amendment shall be effective only upon the recordation of the written
amendment or ratification thereof containing the necessary signatures of lot owners and
encumbrance holders.No amendment to this Declaration may be made which conflicts with any
of the laws of the State of Colorado, or ordinances of Weld County.No amendment shall affect
any rights of Declarants unless approved in advance by and consented to by Declarants in
writing.
5.3 Severability. Any provision of this Declaration invalidated in any manner whatsoever shall
not be deemed to impair or affect in any manner the validity, enforcement or effect of the
remainder of this Declaration and, in such event, all of the other provisions of this Declaration
shall continue in full force and effect as if such invalid provision had never been included herein.
5.4 Disclaimer.No claim or cause of action shall accrue in favor of any person in the event of
the invalidity of any covenant or provision of this Declaration or Declarants to enforce any
covenant or provision hereof. This Section 5.4 may be pleaded as a full bar to the maintenance of
any such action or arbitration brought in violation of the provisions of this Article.
5.5 Waiver.No provision contained in this Declaration shall be deemed to have abrogated or
waived by reason of any failure to enforce the same, regardless of the number of violations or
breaches which may occur.
5.6 Captions. The captions herein are inserted only as a matter of convenience and for reference
and in no way define, limit or describe the scope of this Declaration nor the intent of any
provision hereof.
5.7 Construction. The use of the masculine gender in this Declaration shall be deemed to include
the feminine and neuter genders, and the use of the singular shall be deemed to refer to the
plural, and vise versa, when the context so requires.
5.8 Notices. Notices required or permitted by this Declaration shall be made in writing. Notice
to a member of the Association shall be sufficient if sent by United States mail, sufficient postage
prepaid, to the latest address given by such member to the Secretary of the Association. In such
event, notice shall be deemed effective three (3) days after such deposit into the United States
Mail. Notices may also be given by certified or registered mail, or by hand delivery. If hand
delivered, notice shall be effective on the date that delivery is accomplished. If sent by registered
or certified mail, notice shall be deemed effective three (3) days after deposit into the United
States mail, sufficient postage prepaid.
8
IN WITNESS WHEREOF, the undersigned being Owners (or Mortgagees) of lots in Faith
Estates have executed this Declaration the date and year indicated below.
BY:
Gary Michael Harkless Co.Owner
BY:
Judy Lynn Harkless Co. Owner
DATE:
State of Colorado )
County of Weld )
ss
The foregoing Declaration of Covenants, Conditions and Restrictions for Faith
Estates was acknowledged before me this day of , 1998, by Gary M.
Harkless and Judy L. Harkless Owners of the real property subject to said
Declaration.
Witness my hand and official seal.
My Commission expires:
Notary Public
9
AGREEMENT
This Agreement (the "Agreement"), is between the GRAHAM DRAINAGE DITCH
COMPANY,a Colorado mutual irrigation company("Ditch Company")and Genesis Construction,
LLC, a Colorado limited liability company, 33439 Weld County Road 37, Eaton, CO 80615
("Landowner"), and is upon the following terms:
1. Subdivision and Ownership. Landowner is the owner of all of the property known as
the FAITH ESTATES SUBDIVISION, a copy of which is attached hereto as Exhibit A (the
"Subdivision"). Landowner represents and warrants that Landowner is,on the date of execution of
this Agreement, the sole owner of the Subdivision.
2. Background and Purpose. Landowner desires to obtain approval of the Ditch
Company for certain matters required by the Weld County, Colorado, Board of County
Commissioners relating to the conditional approval of the Subdivision. The Ditch Company's
interests will be benefited by the granting of its approval through the terms and conditions of this
Agreement. Therefore, the parties acknowledge that valuable consideration exists for this
Agreement among the parties.
3. The Ditch Company has a prescriptive easement for its ditch and appurtenant
facilities. Landowner recognizes and confirms said easement for the Ditch Company. Landowner
agrees to create an easement in conjunction with the recording of the Change of Zone Plat attached
hereto. The plat shall be recorded at the expense of the Landowner along with this Agreement.
Landowner grants and confirms to the Ditch Company an easement for the Ditch Company's
irrigation ditch and appurtenant facilities as shown on the recorded survey plat of the Ditch
Company's system together with rights of ingress and egress for Ditch Company purposes over and
across the Subdivision. The width of the ditch easement is 20 feet on the east side of the western
property line of the Subdivision.
4. Drainage.
4.01 There shall be no change made in the point, flow rate, volume, amount or type of
drainage into the Ditch, except as provided in this Agreement. A Preliminary Drainage Report has
been prepared by Pickett Engineering, Inc., which has been presented to the County and the Ditch
Company. The Ditch Company has been entitled to review the Preliminary Drainage Report during
the time that the appropriate governmental agency is reviewing such report. The Landowner will
incorporate the changes to the report and the Drainage Plan suggested by the Ditch Company. A
Final Drainage Report shall then be prepared containing all of the required changes. The Ditch
Company shall have a reasonable time(not less than 30 days)to review such Final Drainage Report
and present objections to such report and to the design, installation or construction of any facilities
that alter the historic drainage pattern. If Landowner fails or refuses to modify the Final Drainage
Report to meet the objections of the Ditch Company, then the County shall make the final
determination regarding the modifications of the drainage plan. The County shall be responsible for
such drainage and drainage plan.
Page 1
4.02 Neither Landowner nor any homeowner's association formed and existing with
respect to the Subdivision("HOA"),nor their respective successors or assigns,shall cause,suffer or
permit any hazardous material,pollutant or other foreign material to be deposited or discharged from
or through the Subdivision into the Ditch or the water carried within the Ditch. Any person,
including Landowner, having knowledge of such deposit or discharge shall immediately notify the
appropriate governmental agencies and Ditch Company of any potential or actual such deposit or
discharge by any person.
5. Covenant Notes. The following notes shall be inserted by the Landowner into the
perpetual covenants that run with the title to the Subdivision and failure to so insert them shall render
this Agreement null and void:
A. The Landowner shall not to install any gates or fences on the ditch company easement
without the prior written approval of the Ditch Company.
B. The Landowner acknowledges and understands that there may be subsurface waters
that arise in the area of this development and that there are periods of time when, due to water
flowing within the ditch system and otherwise, that portions of the property receive significant
amounts of subsurface water that is very near to the surface, or resides on the surface. Due to this
problem,the utility of certain portions of the property for construction of structures could potentially
be unavailable. The Ditch Company has no plans to alter its operations as it would cure this surface
and subsurface water issue. Ditches may overflow and flood adjoining property and improvements.
Landowner shall be solely responsible for all water that overflows the ditch and the Ditch Company
shall not be liable for damage caused to any property or improvements due to water overflowing the
ditch.
C. Upon completion of the drainage improvements as required by the Final Drainage
Report,the Landowner shall maintain the irrigation and drainage patterns so that the quality of water
entering the ditch from irrigation and from precipitation and other sources shall 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 from within the subdivision and should agree to stop any such deposit in the ditch system.
D. The Landowner acknowledges 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 with the
exception of equipment necessary for the maintenance of the ditch.
E. 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.
Page 2
6. Miscellaneous.
6.01 Severability. The provisions hereof shall be deemed independent and severable,and
the invalidity or partial invalidity or unenforceability of any one provision or portion thereof shall not
affect the validity or enforceability of any other provision hereof.
6.02 Successors and Assigns. The terms,covenants,and conditions herein contained shall
be binding upon and inure to the benefit of the successors and assigns of Landowner, the Ditch
Company and the HOA,and each of them. Landowner's obligations hereunder shall terminate(and
the successor(s) to Landowner shall arise) on the date that Landowner conveys all of Landowner's
interest in the Subdivision to transferee(s)and/or HOA. HOA shall be jointly liable with all or any
successor property owner within the Subdivision under the terms of this Agreement. Whenever a
transfer of ownership of a lot or tract takes place to a bona fide purchaser for value, liability of the
transferor for breach of this Agreement thereafter terminates,and the grantor shall be liable only for
breach(s) of this Agreement arising prior to the date of conveyance. This paragraph shall apply to
any property dedicated to or conveyed to a governmental entity or any other person or entity by
Landowner as a public improvement or utility.
6.03 Construction, Waiver, Gender, Time of Essence. The provisions hereof shall be
liberally construed to effectuate their purpose of creating a uniform plan for the development and
operation of the Subdivision. Failure to enforce any provision hereof shall not constitute a waiver of
the right to enforce said provision or any other provision hereof. Whenever used in this Agreement,
the singular shall include the plural, the plural the singular, and the use of any gender shall include
all genders. Time is of the essence of this Agreement.
7. Liability and Indemnification.
7.01 With the exception of acts of negligence on part of the Ditch Company,Landowner,
HOA,and Landowner's and HOA's successors and assigns,hereby specifically waive and release all
known or unknown Claims, damages, rights of indemnity, rights of contribution or other rights of
any kind or nature for claims, damages, actions,judgments or executions that have arisen or may
arise out of the maintenance,operation or use of the Ditch Company's 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 any means including but not limited
to burning or chemical means; and excavation of the ditch and storage of residue.
7.02 As used in this Agreement, the term "Claims" means (1) losses, liabilities, and
expenses of any sort, including attorneys' fees; (2) fines and penalties; (3) environmental costs,
including,but not limited to,investigation,removal,remedial,and restoration costs,and consultant
and other fees and expenses; and (4) any and all other costs or expenses.
7.03 As used in this Agreement, the term "Injury" means (1) death, personal injury, or
property damage; (2) loss of profits or other economic injury; (3) disease or actual or threatened
health effect; and (4) any consequential or other damages.
Page 3
7.04 Landowner and HOA jointly and severally covenant and agree to at all times protect,
indemnify, hold harmless, and defend the Ditch Company, its directors, officers, stockholders,
agents,employees,successors,assigns,parents,subsidiaries,and affiliates from and against any and
all Claims arising from,alleged to arise from,or related to any Injury allegedly or actually occurring,
imposed as a result of, arising from, or related to (1) this Agreement; (2) the construction,
existence, maintenance, operation, repair, inspection, removal, replacement, or relocation of the
Facilities on or adjacent to the Easement; (3)Landowner's or HOA's or both,or any other person's
presence at the Subdivision as a result of or related to this Agreement; or (4) the presence of any
resident of the Subdivision being in or on the banks of the Ditch or any improvement to the Ditch,
including, without limitation, the existing siphon structure.
7.05 Landowner's and HOA's duty to protect, indemnify, hold harmless, and defend
hereunder shall apply to any and all Claims and Injury, including, but not limited to:
(1) Claims asserted by any person or entity, including, but not limited to, employees of
Landowner or HOA or both or their contractors, subcontractors, or their employees;
(2) Claims arising from,or alleged to be arising in any way from,the existence at or near the
Subdivision of water or ditches or reservoir or other associated facilities; or
(3) Claims arising from, or alleged to be arising in any way from, the acts or omissions of
Landowner or HOA or both, their sublessees, invitees, agents, members, or employees.
8. Authorized Drainage Improvement Discharging to Ditch.
8.01. If Landowner is otherwise in full compliance with the terms of the Agreement,
Landowner,at its sole expense, shall be allowed to construct a drainage outfall to the ditch as defined
in the Final Drainage Plan. The drainage outfall shall not release drainage runoff at a rate greater
than 7 cubic feet per second. The outfall will consist of a 12-inch PVC pipe that will discharge
directly into the existing siphon structure in the ditch. A"flap gate"shall be installed at the end of
the pipe to prevent irrigation water flowing in the ditch to back up into the proposed drainage
facilities for the subdivisions. Construction of such drainage improvements shall be completed in
accordance with construction documents therefore prepared by Pickett Engineering, Inc.; and the
construction documents for the drainage improvements shall be reviewed by the Ditch Company and
also be reviewed by the County prior to the time that any construction of such improvements are
commenced.
8.03 The Landowner or HOA agrees to coordinate the timing of the construction of the
Drainage Improvements with the Ditch Company to help prevent any disruption to the Ditch
Company's use of their facilities. No placement of any improvement within the ditch easement by
any person shall be permitted by Landowner or HOA except in accordance with this Agreement.
Page 4
8.04 Landowner and HOA shall indemnify and hold Ditch Company harmless from any
liability of whatsoever nature whether by way of tort, contract or statutory lien rights arising as a
result of any activities undertaken by Landowner or HOA under the provision of the Agreement.
Any and all damage,injury or loss suffered by Ditch Company as a result of any faulty engineering,
materials or construction of the Facility,utility installations,and/or construction within the easement
of the Ditch shall be the liability of, and any necessary costs for repair or replacement of such
facilities, shall be accomplished promptly at the sole expense of, Landowner and HOA.
8.05 Ditch Company shall have the right (but not the duty) at all times during any
construction or other activities on or near the Ditch to inspect the facilities under construction.
8.06 Landowner and HOA shall undertake and perform all maintenance of the drainage
improvement facilities installed by Landowner or HOA,including,without limitation,maintenance
and repair necessitated by the natural flow and common operations of the Ditch.
8.07 The Landowner and HOA will perform the required maintenance and repairs to the
drainage improvement facilities but may not be able to anticipate each of the maintenance
requirements of the Ditch Company. The Landowner and HOA request that the Ditch Company be
forthcoming with any concerns regarding this issue to help the Landowner and HOA in their
performance of the required maintenance and repairs. In the event Landowner fails to properly repair
or maintain the drainage improvement facilities,then HOA and Landowner shall be in default under
the Agreement and in addition to any other remedy available under the Agreement or under law,the
Ditch Company shall have the right to so notify the Landowner in writing. Said notice shall be given
by first class mail at the last known address of the Landowner. Said notice shall be deemed received
three days after deposit in the U.S. Mails. In the event proper maintenance has not been commenced
thirty days after its receipt of such notice or, once commenced, is not diligently pursued until
completion, Ditch Company may perform or have a third person perform the required repairs or
maintenance. The actual costs incurred by Ditch Company for such repair or maintenance,together
with interest at the rate of twelve percent(12%)per annum on all amounts paid by Ditch Company,
shall be paid by Landowner and HOA jointly and severally to Ditch Company or to the third person
upon demand.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement this //
day of Jcm.) , 2005.
GRAHAM DRAINAGE DITCH
COMPANY, a Colorado mutual irrigation
company
By:
Pres' nt— ick Todd
Page 5
STATE OF COLORADO )
) ss.
COUNTY OF A da . )
The foregoing was acknowledged before me this jAay of Li L. , 2005,
by Mick Todd, as President of Graham Drainage Ditch Company, a Col ado mutual irrigation
company.
Witness my hand and official seal.
of �pN p't Notary Public
My commission expires: a-s-c)Q G OopF` or
La c o er—G NESIS
C ST UCTION, LLC, by Gary
Harkless, sole member
STATE OF COLORADO )
ss.
COUNTY OF We.a )
-44
The foregoing was acknowledged before me this 23'day of ti/LC , 2005,
by Gary Harkless, sole member of Genesis Construction, LLC, a Colorado limited liability
company, as Landowner.
Witness my hand and official seal. saq p4
My commission expires: 7/ 31 'Ola JENNI otan P lic
ZINK f o0
Page 6
FReiM : NEW CACHE ^ FRX NO. : 9703520226 ,....„Jun. 23 2005 01:40PM P2
•
AGREEMENT
THIS AGREEMENT, made this Y't day of Ytt . , gmS, between THE NEW
CACHE LA POUDRE IRRIGATING COMPANY of 33040 Railroad Avenue, Lucerne, CO 80646,
hereinafter the "Company," and GARY HARKLESS of 33439 WCR 37, Eaton, Colorado, 80615,
hereinafter"Second Party."
Recitals
WHEREAS, Second Party is the owner of property located in the SE'/s, Section 13,Township 6
North, Range 66 West of'the 6th Prime Meridian ("Property") and is in the process of developing the
Faith Estates Mmor Subdivision("Subdivision")on the Property;and
WHEREAS, the Company is the owner of a ditch commonly known as the Greeley Canal No. 2
(hereinafter the"Ditch"),a portion of which is located on the Property;and
WHEREAS, Second Party acknowledges that the Company owns an easement that is 75 feet
wide,measured from the center line of the Ditch,(hereinafter"Ditch Easement");and
WHEREAS,there is an evicting oil tank battery located within the Ditch Easement;and
WHEREAS, Second Party desires to construct a road(hereinafter"Access Road"), a portion of
which will also be located upon the Ditch Easement and
WHEREAS, Second Party desires to acquire a right-of-way within the Ditch Easement from
Company for the existing oil tank battery and for the Access Road;
WHEREAS, Second Party will assign this Agreement as stated within.
Agreement
NOW, THEREFORE,for Ten Dollars($10.00), and other good and valuable consideration, the
receipt of which is hereby acknowledged,the parties mutually agree as follows:
1. The recitals of facts set forth above are incorporated as part of this Agreement.
2_ The Company grants to Second Party an encroachment easement for an Access Road to
be constructed for the purpose of providing access to the west lots of the Subdivision,
Lots 1 through 4,as depicted on Exhibit A. The south edge of the Access Road shall be
a minimum of 25 feet from the top of the north bank of the canal. This easement will be
assigned to the Homeowners'Association.
Page 1 of 4
Faith Estates Agreement The New Cache La Poodle Irrigating Company
FiL".-+
FROM": NEW CACHE " FAX NO. : 9703520226 Jun. 23 2005 01:40PM P3
3. The Company also grants to Second Party an encroachment easement to allow the
continued existence of an oil tank battery within the Ditch Easement, and for a right of
ingress and egress, as depicted on Exhibit A, to come and go to and from the oil tank
battery This easement of the Agreement will be assigned to Merit Energy Company.
4- In the event it becomes necessary for the Company to expend money or time to repair or
maintain the ditch, which repair or maintenance is necessary because of the existence or
use of the off tank battery or because of the construction, existent.n or use of the Access
Road, the responsible party shall reimburse the Company for such expense or time.
Determination of whether repair or maintenance is necessary shall be at the discretion of
the Company.
S- Second Party expressly agrees that it shall be liable to the Company and/or its
shareholders in damages for any unauthorized disturbance of the flow of water through
the ditch to the extent that such disturbance is caused by or due to the activities of the
Second Party or those working on its behalf Upon completion of any activity within the
Company's Ditch Easement by the Second Party, it shall clean any disturbed areas so as
to render it is in the same or better condition than it was before the activity began,
including the compacting of any disturbed soils.
6. The Company shall have full power to operate, maintain, alter, enlarge, relocate, clean
and manage the Ditch as if this Agreement had not been made, and any expense or
damages caused thereby to Second Party shall not be chargeable to the Company,except
as to such damage as may be caused by the Company's negligence. It is specifically
agreed that normal maintenance and repair activities, including the operation of
machinery for such purposes upon the ditch right of way and within the ditch itself, shall
continue and shall not constitute negligence. In the event,however, that any such action
on the part of the Company could reasonably be expected to affect Second Party, the
Company agrees to give prior notice to Second Party.
7. Notwithstanding Paragraph 5,the Company recognizes the nature of the said access road
as a public road. Therefore, when the Company needs to work within the travelway, it
shall provide prior notice to the Homeowners' Association and Weld County Public
Works and will take the appropriate actions with regard to traffic control and maintaining
access for public and emergency services
8. This Agreement and all the terms and conditions thereof shall extend to and be binding
upon the successors and assigns of each of the parties hereto. This Agreement shall
t
be assigned by Second Party, or assigns as spelled out in this Agreement, without the
consent of the Company.
Page 2 of 4
Faith Estates Agreement The New Cache La Poudre Irrigating Company
FROM' : NEW CACHE '' FAX NO. : 9703520226 ^ Jun. 23 2005 01:40PM P4
8. Second Party agrees to record this Agtevntat or an executed copy thereof at the
expense of the Second Party,with the Clerk and Recorder of the county within which the
crossing is made, and furnish a copy of said recorded document to the Company. Second
Party warrants that it is the owner of all of the Property and all Subdivision lots as of the
execution of this Agreement, and will remain so until this Agreement is recorded.
9. Second Party also agrees to provide a copy of this Agreement to any Homeowners'
Association established for the Subdivision, and to assure that the covenants of said
Homeowners' Association include the terms of this Agreement and said terms will be
binding on all fitture lot owners.
10 Any notice required or permitted hereunder shall be deemed effective when deposited in
the United States mail, postage prepaid, certified mail, return receipt requested, and
addressed to the party to whom notice is to be given,as follows.
If to Company. P 0 Box 104
Lucerne, CO 80646
If to Second Party: Gary Harldess
33439 WCR 37
Eaton,CO 80615
Assigns: Merit Energy Company
13727 Noel Road, Suite 500
Dallas,TX 75240
Homeowners'Association
or such other address as may be finished to the other party by written notice.
11. Second Party shall not allow any other entity to cross or otherwise utilize the rights-of-
way granted herein,without first obtaining the written permission of the Company to do
so,which permission can be withheld at the CompanVs discretion.
12. This agreement is rnntingent upon, and shall not take effect until, the approval by the
Board of Directors of the completed plans and specifications, which approval must be in
writing, signed by the president and attested to by the secretary of the Company, and the
giving of notice of such approval to the Second Party. No work shall commence until
r
Page 3 of 4
Faith Estates Agreement The New Cache La Poudre Irrigating Company
FROM : NEW CACHE FAX NO. : 9703520226 Jun. 23 2005 01:41PM PS
such notice is given in writing to Second Party.
IN WITNESS WHEREOF, the parties have caused these presents to be duly executed by the proper
persons, and have affixed their seals hereto on the day and year first above written.
THE NEW CACHE LA POUDRE IRRIGATING COMPANY
By:
Its: wit- s Its: Sircite7Y1a9
SECOND PARTY
By:
Its:
ATTEST: (if:teem-ry)
By:
Its:
Page 4 of 4
Faith Estates Agreement The New Cache La Poudre Irrigating Company
IMPROVEMENTS AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
(PRIVATE ROAD MAINTENANCE)
THIS AGREEMENT,made and entered into this 23 day of June 2V05 , by and
between the County of Weld, State of Colorado, acting through its Board of County Commissioners, hereinafter called
"County"and Gary M. and Judy L. Harkless hereinafter called"Applicant."
WITNESSETH:
WHEREAS, Applicant is the owner of, or has a controlling interest in, the following described property in the
County of Weld,Colorado:
Lot B of RE 2641, located in the Southeast Quarter of Section 13, Township
6 North, Range 66 West of the 6th P.M. , Weld County, Colorado.
WHEREAS,a Final Subdivision or Planned Unit Development(PUD)plat of said property,to be known as
Faith Estates Subdivision has been submitted to the County for approval,and
WHEREAS, relevant Weld County Ordinances provide that no Subdivision Final Plat, Planned Unit
Development Final Plat, or Site Plan shall be approved by the County until the Applicant has submitted a Subdivision
Improvement Agreement guaranteeing the construction of the public improvements shown on plans,plats and supporting
documents of the Subdivision Final Plat,Planned Unit Development Final Plat, or Site Plan,which improvements,along
with a time schedule for completion, are listed in Exhibits"A"and"B"of this Agreement.
•
NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the acceptance and approval of said
Final Plat,the parties hereto promise, covenant and agree as follows:
1.0 Engineering Services: Applicant shall furnish, at its own expense, all engineering services in
connection with the design and construction of the Subdivision or Planned Unit Development
improvements listed on Exhibit"A,"which is attached hereto and incorporated herein by reference.
1.1 The required engineering services shall be performed by a Professional Engineer and Land
Surveyor registered in the State of Colorado, and shall conform to the standards and criteria
established by the County for public improvements.
1.2 The required engineering services shall consist of, but not be limited to, surveys, designs,
plans and profiles, estimates, construction supervision, and the submission of necessary
documents to the County.
1.3 Applicant shall furnish drawings and cost estimates for roads within the Subdivision or
Planned Unit Development to the County for approval prior to the letting of any construction
contract. Applicant shall furnish one set of reproducible "as-built" drawings and a fmal
statement of construction cost to the County.
2.0 Rights-of-Wav and Easements: Before commencing the construction of any improvements herein
agreed upon, Applicant shall acquire, at its own expense, good and sufficient rights-of-way and
easements on all lands and facilities traversed by the proposed improvements.
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3.0 Construction: Applicant shall furnish and install, at its own expense, the Subdivision or Planned Unit
Development improvements listed on Exhibit"A,"which is attached hereto and incorporated herein by
reference, according to the construction schedule set out in Exhibit "B" which is also attached hereto
and incorporated herein by reference.
3.1 Said construction shall be in strict conformance to the plans and drawings approved by the
County and the specifications adopted by the County for such public improvements.
Wherever a Subdivision or Planned Unit Development is proposed within three miles of an
incorporated community located in Weld County or located in any adjacent county, the
Applicant shall be required to install improvements in accordance with the requirements and
standards that would exist if the plat were developed within the corporate limits of that
community. If the incorporated community has not adopted such requirements and standards
at the time the Subdivision or Planned Unit Development is proposed, the requirements and
standards of the County shall be adhered to. If both the incorporated community and the
County have requirements and standards, those requirements and standards that are more
restrictive shall apply.
3.2 Applicant shall employ, at its own expense, a qualified testing company previously approved
be the County to perform all testing of materials or construction that is required by the
County;and shall furnish copies of test results to the County.
3.3 At all times during said construction,the County shall have the right to test and inspect, or to
require testing and inspection of material and work at Applicant's expense. Any material or
work not conforming to the approved plans and specifications shall be removed and replaced
to the satisfaction of the County at Applicant's expense.
3.4 Applicant shall furnish proof that proper arrangements have been made for the installation of
sanitary sewer or septic systems, water,gas,electric and telephone services.
3.5 Said Subdivision or Planned Unit Development improvements shall be completed, according
to the terms of this Agreement, within the construction schedule appearing in Exhibit "B."
The Board of County Commissioners, at its option, may grant an extension of the time of
completion shown on Exhibit "B" upon application by the Applicant subject to the terms of
Section 6 herein.
4.0 Release of Liability: Applicant shall indemnify and hold harmless the County from any and all
liability loss and damage County may suffer as a result of all suits, actions or claims of every nature
and description caused by, arising from, or on account of said design and construction of
improvements,and pay any and all judgments rendered against the County on account of any such suit,
action or claim, together with all reasonable expenses and attorney fees incurred by County in
• defending such suit, action or claim whether the liability, loss or damage is caused by, or arises out of
the negligence of the County or its officers, agents, employees, or otherwise except for the liability,
loss, or damage arising from the intentional torts or the gross negligences of the County or its
employees while acting within the scope of their employment. All contractors and other employees
engaged in construction of the improvements shall maintain adequate worker's compensation
insurance and public liability insurance coverage, and shall operate in strict accordance with the laws
and regulations of the State of Colorado governing occupational safety and health.
(THERE IS NO SECTION 5)
6.0 Approval of Streets by the County: Upon compliance with the following procedures by the Applicant,
streets within a Subdivision or Planned Unit Development may be approved by the County as public
roads and will be maintained and repaired by a Homeowners Association or, in its absence,the owners
of lots within the Subdivision of Planned Unit Development.
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6.1 If desired by the County, portions of street improvements may be placed in service when
completed according to the schedule shown on Exhibit"B," but such use and operation shall
not constitute an approval of said portions.
6.2 County may, at its option, issue building permits for construction on lots for which street
improvements detailed herein have been started but not completed as shown on Exhibit "B,"
and may continue to issue building permits so long as the progress of work on the Subdivision
or Planned Unit Development improvements in that phase of the development is satisfactory
to the County;and all terms of this Agreement have been faithfully kept by Applicant.
6.3 Upon completion of the construction of streets within a Subdivision or Planned Unit
Development and the filing of a Statement of Substantial Compliance, the applicant(s) may
request in writing that the County Engineer inspect its streets and recommend that the Board
of County Commissioners partially approve them. Not sooner than nine months after partial
approval,the County Engineer shall, upon request by the applicant, inspect the subject streets,
and notify the applicant(s) of any deficiencies. The County Engineer shall reinspect the
streets after notification from the applicant(s)that any deficiencies have been corrected. If the
County Engineer finds that the streets are constructed according to County standards, he or
she shall recommend full approval. Upon receipt of a positive unqualified recommendation
from the County Engineer for approval of streets within the development, the Board of
County Commissioners shall fully approve streets as public but with private pay.
7.0 General Requirements for Collateral:
7.1 The value of all collateral submitted to Weld County must be equivalent to One-Hundred
percent(100%)of the value of the improvements as shown in this Agreement. Prior to Final
Plat approval, the applicant shall indicate which of the five types of collateral preferred to be
utilized to secure the improvements subject to fmal approval by the Board of County
Commissioners and the execution of this Agreement. Acceptable collateral shall be submitted
and the plat recorded within six(6)months of the Final Plat approval. If acceptable collateral
has not been submitted within six(6)months then the Final Plat approval and all preliminary
approvals shall automatically expire. Applicant may request that the County extend the Final
Plat approval provided the cost estimates are updated and the development plans are reviled
to comply with all current County standards, policies and regulations. The improvements
shall be completed within one (1) year after the Final Plat approval (not one year after
acceptable collateral is submitted) unless the applicant(s) requests that this Agreement be
renewed at least thirty (30) days prior to its expiration and further provides that cost
estimates for the remaining improvements are updated and collateral is provided in the
amount of One-Hundred percent (100%) of the value of the improvements remaining to be
completed. If improvements are not completed and the agreement not renewed within these
time frames, the County, at its discretion, may make demand on all or a portion of the
collateral and take steps to see that the improvements are made.
7.2 The applicant may choose to provide for a phased development by means of designating
filings of a Planned Unit Development Final Plat or Subdivision Final Plat. The applicant
would need only to provide collateral for the improvements in each filing as approved. The
County will place restrictions on those portions of the property that are not covered by
collateral which will prohibit the conveyance of the property or the issuance of building
permits until collateral is provided or until improvements are in place and approved pursuant
to the requirements for a Request for Release of Collateral.
7.3 The applicant intends to develop in accordance with Exhibits"A"and"B."
8.0 Improvements Guarantee: The five types of collateral listed below are acceptable to Weld County
subject to fmal approval by the Board of County Commissioners.
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8.1 An irrevocable Letter of Credit from a Federal of State licensed financial institution on a form
approved by Weld County. The letter of Credit shall state at least the following:
8.1.1 The Letter of Credit shall be in an amount equivalent of One-Hundred percent
(100%)if the total value of the improvements as set forth in Section 6.0 and Exhibits
"A"and"B."
8.1.2 The Letter of Credit shall provide for payment upon demand to Weld County if the
developer has not performed the obligations specified in the Improvements
Agreement and the issuer has been notified of such default.
8.1.3 The applicant may draw from the Letter of Credit in accordance with the provisions
of this policy.
8.1.4 The issuer of the Letter of Credit shall guarantee that, at all times the unreleased
portion of the Letter of Credit shall be equal to a minimum of One-Hundred percent
(100%) of the estimated costs of completing the uncompleted portions of the
required improvements,based on inspections of the development by the issuer. In no
case shall disbursement for a general improvement item exceed the cost estimate in
the Improvements Agreement (i.e., streets, sewers, water mains and landscaping,
etc.). The issuer of the Letter of Credit will sign the Improvements Agreement
acknowledging the agreement and its cost estimates.
8.1.5 The Letter of Credit shall specify that fifteen percent (15%) of the total Letter of
Credit amount cannot be drawn upon and will remain available to Weld County until
released by Weld County.
8.1.6 The Letter of Credit shall specify that the date of proposed expiration of the Letter of
Credit shall be either the date of release by Weld County of the final fifteen percent
(15%),or one year from the date of Final Plat approval, whichever occurs first. Said
letter shall stipulate that, in any event, the Letter of Credit shall remain in full force
and effect until after the Board has received sixty (60) days written notice from the
issuer of the Letter of Credit of the pending expiration. Said notice shall be sent by
•
certified mail to the Clerk to the Board of County Commissioners.
8.2 Trust Deed upon all or some of the proposed development or other property acceptable to the
Board of County Commissioners provided that the following are submitted:
8.2.1 In the event property within the proposed development is used as collateral, an
appraisal is required of the property in the proposed development by a disinterested
Member of the American Institute of Real Estate Appraisers (M.A.I.) indicating that
• the value of the property encumbered in its current degree of development is .
sufficient to cover One-Hundred percent (100%) of the cost of the improvements as
set forth in the Improvements Agreement plus all costs of sale of the property
8.2.2 In the event property other than the property to be developed has been accepted as
collateral by Weld County,then an appraisal is required of the property by a Member
of the Institute of Real Estate Appraisers (M.A.I.) indicating that the value of the
property encumbered in its current state of development is sufficient to cover One-
Hundred percent (100%) of the cost of the improvements as set forth in the
Improvements Agreement plus all costs of sale of the property.
8.2.3 A title insurance policy insuring that the Trust Deed creates a valid encumbrance
which is senior to all other liens and encumbrances.
r- 8.2.4 A building permit hold shall be placed on the encumbered property.
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8.3 Escrow Agreement that provides at least the following:
8.3.1 The cash in escrow is at least equal to One-Hundred percent (100%) of the amount
specified in the Improvements Agreement.
8.3.2 The escrow agent guarantees that the escrowed funds will be used for improvements
as specified in the agreement and for no other purpose and will not release any
portion of such funds without prior approval of the Weld County Board of
Commissioners.
8.3.3 The escrow agent will be a Federal or state-licensed bank of financial institution
8.3.4 If Weld County determines there is a default of the Improvements Agreement, the
escrow agent, upon request by the County, shall release any remaining escrowed
funds to the County.
8.4 A surety bond given by a corporate surety authorized to do business in the State of Colorado
in an amount equivalent to One-Hundred percent(100%)of the value of the improvements as
specified in the Improvements Agreement.
8.5 A cash deposit made with the County equivalent to One-Hundred percent(100%)of the value
of the improvements.
9.0 Request for Release of Collateral: Prior to release of collateral for the entire project or for a portion of
the project by Weld County, the Applicant must present a Statement of Substantial Compliance from
an Engineer registered in Colorado that the project or a portion of the project has been completed in
substantial compliance with approved plans and specifications documenting the following:
9.1 The Engineer or his representative has made regular on-site inspections during the course of
construction and the construction plans utilized are the same as those approved by Weld
County.
9.2 Test results must be submitted for all phases of this project as per Colorado Department of
Transportation Schedule for minimum materials sampling, testing and inspections found in
the Colorado Department of Transportation(CDOT)Materials Manual.
9.3 "As built" plans shall be submitted at the time the letter requesting release of collateral is
submitted. The engineer shall certify that the project "as-built" is in substantial compliance
with the plans and specifications as approved, or that any material deviations have received
prior approval from the County Engineer.
•
9.4 The Statements of Substantial Compliance must be accompanied, if appropriate,by a letter of
acceptance of maintenance and responsibility by the appropriate utility company, special
district or town for any utilities.
9.5 A letter must be submitted from the appropriate Fire Authority indicating the fire hydrants are
in place in accordance with the approved plans. The letter shall indicate if the fire hydrants
are operational and state the results of fire flow tests.
9.6 The requirements in paragraphs 9.0 thru 9.5 shall be noted on the final construction plans.
9.7 Following the submittal of the Statement of Substantial Compliance and recommendation of
approval of the streets by the County,the applicant(s)may request release of the collateral for
the project or portion of the project by the Board. This action will be taken at a regularly
scheduled public meeting of the Board.
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9.8 The request for release of collateral shall be accompanied by "Warranty Collateral" in the
amount of fifteen percent(15%)of the value of the improvements as shown in this Agreement
excluding improvements fully accepted for maintenance by the responsible governmental
entity,special district or utility company.
9.9 The warranty collateral shall be released to the applicant upon fmal approval by the Board of
County Commissioners.
10.0 Public Sites and Open Spaces: When the Board of County Commissioners, pursuant to a rezoning,
Subdivision or Planned Unit Development, requires the dedication, development and/or reservation of
areas or sites other than Subdivision or Planned Unit Development streets and utility easements of a
character,extent and location suitable for public use for parks, greenbelts or schools, said actions shall
be secured in accordance with one of the following alternatives, or a specified in the Planned Unit
Development(PUD)Plan, if any:
10.1 The required acreage as may be determined according to the Weld County Subdivision
Regulations shall be dedicated to the County or the appropriate school district, for one of the
above purposes. Any area so dedicated shall be maintained by the County or school district.
10.2 The required acreage as determined according to the Weld County Subdivision Ordinance,
may be reserved through deed restrictions as open area, the maintenance of which shall be a
specific obligation in the deed of each lot within the Subdivision or Planned Unit
Development.
10.3 In lieu of land, the County may require a payment to the County in an amount equal to the
market value at the time of Final Plat submission of the required acreage as determined
according to the Weld County Subdivision Ordinance. Such value shall be determined by a
competent land appraiser chosen jointly by the Board and the Applicant. The cash collected
shall be deposited in an escrow account to be expended for parks at a later date.
11.0 Successors and Assigns: This Agreement shall be binding upon the heirs,executors,personal
representatives, successors and assigns of the Applicant, and upon recording by the County
shall be deemed a covenant running with the land herein described, and shall be binding upon
the successors in ownership of said land.
•
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.--.
IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed on the day and year
first above written.
APPLICANT: ZPPr
APPLICANT: C I�,I�. . :134 ct, �L
TITLE: La-+'t a D W vta.r
Subscribed and sworn to before me this 2-734 day of 4 20_0., ,,3540.15 � o '
My Commisson Expires: X1311 CI t
JENNIFER
ZINK
N tary ublic : =eR
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY,COLORADO
M.J.Geile,Chair
Glenn Vaad,Chair Pro-Tem
David E.Long
Robert D. Masden
William H.Jerke
ATTEST:
Weld County Clerk to the Board
BY:
Deputy Clerk to the Board
APPROVED AS TO FORM:
County Attorney
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EXHIBIT"A"
Name of Subdivision or Planned Unit Development: Faith Estates Subdivision
Filing: First Filing
Lot B of RE 2641, located in the Southeast Quarter of Section 13,
Location:
Township 6 North, Range 66 West of the 6th P.M. , Weld County, Colorado.
Intending to be legally bound,the undersigned Applicant hereby agrees to provide throughout this
Subdivision or Planned Unit Development the following improvements. (Leave spaces blank where they do
not apply).
Estimated
Improvements Unit Unit Cost Construction Cost
Site grading
Street grading 6,000 Sq.Yd. $ 1.25 $ 7,500
Street base 2,800 tons $ 11.25 31,500
Street paving
Curbs, gutters, and culverts
Sidewalk
Storm sewer facilities 1 L.S. $ 750.00 750
Retention ponds 7,000 Cu.Yd. $ 2.75 $ 19,250
Ditch improvements 2.500 Cu.Yd. $ 2.75 $ 6,875
Subsurface drainage 100 r F. $ 20.00 $ 2,000
Sanitary sewers
Trunk and forced lines
Mains
Laterals (house connected)
On-site sewage facilities
On-site water supply and storage
Watermains(includesbore) 3,800 L.F. $ 30.00 $114,000
Fire hydrants 4 each $3000.00 $ 12,000
Survey and street monuments and boxes
Street lighting 260
Street name signs
Fencing requirements
Landscaping
Park improvements
Road culvert 110 L.F. $ 45.00 $ 4,950
Grass lined swale 2,100 L.F. $ 0.86 $ 1,800
Telephone
Gas
9 per lot $2880.00 $ 25,920
Electric
Water transfer
SUB-TOTAL
Engineering and Supervision Costs$ 5,000
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(Testing, inspection, as-built plans and work in addition to preliminary and final plat; supervision of actual
construction by contractors)
TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $ 231,805
The above improvements shall be constructed in accordance with all County requirements and specifications,
and conformance with this provision shall be determined solely by Weld County,or its authorized agent.
Said improvements shat be cl lted according to the construction schedule set out in Exhibit"B."
i
By:
A tic t �
App • ant
1,-of Cu vier
Title
Dated 1-. 2-5 , 20 b S .
(If corporation,to be signed by President and attested to by Secretary,together with corporate seal.)
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r
EXHIBIT"B"
Name of Subdivision or Planned Unit Development: Faith Estates Subdivision
Filing: First Filing
Location: Lot B of RE 2641, located in the Souteast Quarter of Section 13,
Township 6 North, Range 66 West of the 6th P.M. , Weld County, Colorado.
Intending to be legally bound,the undersigned Applicant hereby agrees to provide throughout this
Subdivision or Planned Unit Development the following improvements.
All improvements shall be completed within two years from the date of approval of the final plat.
Construction of the improvements listed in Exhibit"A" shall be completed as follows:
(Leave spaces blank where they do not apply.)
Improvements Time for Completion
Site grading Dec. 2005
Street grading Dec. 2005
Street base Dec. 2005
Street paving
Curbs, gutters, and culverts
Sidewalk
Storm sewer facilities Dec- 2005
Retention ponds Dec. 2005
Ditch improvements Dec- 2005
Subsurface drainage
Sanitary sewers
Trunk and forced lines
Mains
Laterals(house connected)
On-site sewage facilities
On-site water supple and storage Dec. 2005
Water mains Dec. 2005
Fire hydrants Dec. 2005
Survey and street monuments and boxes
Street lighting
Street name signs Dec, 2005
Fencing requirements
Landscaping
Park improvements
Road culvert Dec. 2005
Grass lined swale
Telephone Dec. 2005
Gas Dec. 2005
Electric Dec.. 2005
.-- Water Transfer Dec. 2005
SUB-TOTAL:
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•
The County, at its option, and upon the request of the Applicant, may grant an extension of time for
completion for any particular improvements shown above,upon a showing by the Applicant that the above
schedule cannot be met.
By:
Applicant/
LC) r 97akk e,aZi
Appli ant j
Lail (f)inner
Title �\\
Date: �J IAIt_ Z 3 20 03
(If corporation,to be signed by President and attested to by Secretary,together with corporate seal.)
r^
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