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Home My WebLink About20052838.tiff PLANNED UNIT DEVELOPMENT (PUD) CHANGE OF ZONE APPLICATION r-. FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT#/AMOUNT# /$ CASE#ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: Parcel Number 0 7 0 5 -0 5 - 2 - 0 0 - 0 0 I (12 digit number-found on Tax I.D.information,obtainable at the Weld County Assessor's Office, or www.co.weld.co.us). (Include all lots being included in the application area, If additional space is required,attach an additional sheet) Legal Description A Po it-non/ of 77+6 N v.1 %4 or, Section 5 , Township 7 North, Range('? West Property Address(If Applicable) VACAnrr LAND , ADDDa-ESs -rap W,TL-1 Su3DivtsI Existing Zone District : A CI Proposed Zone District: E- Total Acreage: ;y.99 Proposed #/Lots 9 Average Lot Size: 3.G3 Ac Minimum Lot Size: 3. 0 I Ac Proposed Subdivision Name: EAGLE tZi 0 Ca E E STYWCS Proposed Area (Acres)Open Space: OAcgEs or P2oPos60OPt/NJ SPACE., NogEc.. Su13 vJ'rlt.A ' 4MILE, Are you applying for Conceptual or Specific Guide? Conceptual Specific ✓ FEE OWNER(S) OF THE PROPERTY(If additional space is required,attach an additional sheet) Name: Te2R-A Ft KMA Va./unites , LLG Work Phone# 970.2-t 5.5299 Home Phone# 970.49'.988$ Email Address -t'L,ctlop of Pe c`h oQ . con, .Address: Po. 3ax 12.45 City/State/Zip Code Forcr C-°LL,P c CoL0,L./.}.oa So623 -/24s— APPLICANT OR AUTHORIZED AGENT(See Below:Authorization must accompany applications signed by Authorized Agent) Name: -Cm on.N 3. µfLoPoFF , P. E. Work Phone# 97v.2 15.5199 Home Phone# 970.223.7z/z9 Email Address -CPI../0P a-pp y c)c • w r-, Address: 28)9 56cCorm g s-ra,&.E-r &(odo E. F}os pet ccru/, .Sa6 ciY)S.Jy City/State/Zip Code F itsr Cc,LLINS CnLO'LApo ,gas-z2.- lair UTILITIES: Water: Natei-n 1nlczo Gou rr� wAT-e-4- DiSnztcr Sewer: Saxe Loetr. 54 A.)rrar1o,v .Dish c-r Gas: 7E.CE L EWE26cl Electric: Pau o1-E VALLe1 RFA , ,Nc. Phone: Q w F sr DISTRICTS: School: IrJ c.co (n. Se)40aL pls7YLLCT Re-zf Fire: r�ouo2E' F�RF �y,�( ITY Post: V. S. Pos'7rc , SE/Lute-5 Fb,2T cot.urntS I(We)hereby depose and state under penalties of perjury that all statements,proposals,and/or plans submitted with or contained within the application are true and correct to the best of my(our)knowledge. Signatures of all fee owners of property must sign this application. If an Authorized Agent signs,a letter of authorization from all fee owners must be included with the application. If a corporation is the fee owner,notarized evidence must be included indicating the signatory has the legal authority to sign for the corporation. I(we),the undersigned,hereby request hearings before the Weld County Planning Commission and the Board of County Commissioners concerning the proposed Change of Zone for the above describ-d unincorporated area of Weld County, Colorado: ^�.�-- 4/ ��'f y s (e�/6/oS� Signature: ner or I ed Agent Date Sign.ture: 0 n- .r Authorized Atent Date EXHIBIT 2005-2838 1 �_ 11111 Mil 11111 IIII 111111 III 11111 IIII IIII 6% 2 1 of 615 R 6.00f2D05 0.00 i:39P Weld Ste County, MorenoClerk& Recorder STATEMENT OF AUTHORITY (§38-30-172, C.R.S.) 1. This Statement of Authority relates to an entity named Terra Firma Ventures, LLC. 2. The type of entity is a limited liability company: 3. The entity is formed under the laws of Colorado. 4. The mailing address for the entity is P.O. Box 1245, Fort Collins, Colorado 80522-1245. 5. The names and positions of each person authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the entity are: Timothy J. Halopoff, Member/Manager; and Susan T. Joy, Member/Manager. 6. The authority of the foregoing persons to bind the entity is not limited. 7. This statement of Authority is executed on behalf of the entity pursuant to the provisions of§38-30-172, C.R.S. µ Executed this day of April, 2005. Terra Firma Ventures, LLC By: Timothy J. lopoff, M� r anager B : nT.Joy, Me •er/ a •g:r STATE OF COLORADO COUNTY OF LARIMER The foregoing instrument was acknowledged before me this g day of April, 2005, by Timothy J. Halopoff and Susan T. Joy, as Member/Managers of Terra Firma Ventures, LLC. Witness my hand and official seal. My commission expires: 8.20-1007 No bic After recording,return to: .�'•-,,......,, ,;�, Wolfe,Van Ackern&Cuypers LLP 1008 Centre Avenue r.- .7. FY Fort Collins,Colorado 80526 x +` ° i � 4 F , APR-20-2005 WED 10:07 AM TRANZIATION TITLE FAX NO. 97$6,886 0883 P. 02 IIIII IIIII I1MII 11111111 IIIIIII IIIJI IIi wuI IIII IIII 27°99 06/10/2000 11:29A JA Su Tsukumoto 1 1 8 5.00 D 0.00 Weld County Co 6199' STATEMENT OF AUTHORITY 1. This Statement of Authority relates to an entity named Dyecrest Dairy.LLC, a Colorado limited liability company 2. The type if entity is a ❑ corporation O registered limited liability limited partnership ❑ nonprofit corporation O limited partnership association fl limited liability company O unincorporated nonprofit association © general partnership O government or governmental subdivision or agency D limited partnership O business trust O registered limited liability partnership ❑ trust O 3. The entity is formed under the laws of Colorado 4. The mailing address for the entity is 1137 North County Line Road, Fort Collins, CO 90524 5. The O name, or l position of each person authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the entity is Manager 6. (optional) The authority of the foregoing person(s) to bind the entity is O not limited O limited as follows: 7. (optional) Other matters concerning the manner in which the entity deals with interests in real property: 8. This Statement of Authority is executed on behalf of the entity pursuant to the provisions of Section 38- 30-172, C.R.S. Executed this 27th day of April 2000 / l Name ye row ye . • • (type dr print) State of Colorado • ) ) ss. County of Weld Spayg,` ' 2000 the foregoing instrument was ?•vVl dg' • me this 27th day of April by Per once a as Mans;' ry LLC, a Colorado limited liability company t 9LOCN 1 nets my hand and official s , wr•, fro /��' 11-15-29 ~OF CO�� CL0 a' My commission expires: tiFt Notary Public July 5, 2005 Sheri Lockman, Planner II Weld County Department of Planning Services North Office JR ENGINEERING 918 10th Street A Westrian Company Greeley, CO 80631 RE: Eagle Ridge Estates PUD, PK-1093 A parcel of land described as Lot A of RE-3840, being a part of the NW1/4 of Section 5, Township 7 North, Range 67 West of the 6`" P.M.,Weld County Colorado. Dear Ms. Lockman, At this time JR Engineering is happy to submit to you for your approval and recommendation, this PUD Zone Change application package for Eagle Ridge Estates. JR Engineering thanks you and everyone involved in the Weld County subdivision process for your timely consideration of this 9-lot community. After thorough review of the comments received during the Sketch Plan phase, we feel that the issues raised by all involved are able to be fully addressed and resolved with the documents provided herein and/or during the Final Plan submittal. We are eager to continue to work with you toward the Public Hearing and Final Plan stage of the Eagle Ridge Estates entitlement process. The remainder of this letter will serve as a summary for all of the concerns that were submitted by the various agencies following our Sketch Plan submittal. Oddly enough, I somehow received the comments from Poudre Fire Authority, while you did not. Therefore, I have included their comments and response to comments with this Zone Change submittal package. These responses may be found in the "Response to Department Comments" section of this letter. I have also included several agreements with governing jurisdictions, documents of ownership and acceptance letters concerning the road entry and it's median design. Following closely with your letter dated June 16, 2005, we offer the following information and resolutions to your Application and Referral Overview: This site is currently zoned Agricultural (Ag) and we are requesting that it be changed to Estate (E). Originally, the Sketch Plan submittal application noted that the intended zone be changed to R-1. That was only an error and we thank you for catching that errant notation on our behalf. This property is clearly adequate for Estate uses and we in no way ever intended to apply for R-1. 2620 East Prospect Road,Suite 190,Fort Collins,CO 80525 970-491-9888•Fax:970-491-9984•www.jrenginecring.com r-. The owner, Terra Firma Ventures, LLC (TFV, LLC) intends to draw up, record and submit to Weld County, certificates from the Secretary of State that confirm the formation of a Home Owners Association (HOA) prior to recordation of the Final Plat. It is our intent, to place the pedestrian shelter, the group mailbox, entrance feature/signage and detention pond on property owned and maintained by the HOA. The North Weld County Water District will serve Eagle Ridge Estates with potable water. This assurance is made and verified by the Draft Water Service Agreement for a Single System that has been submitted with this packet. Water service taps are available and will be purchased and installed prior to the construction of each estate home. JR Engineering contacted the Colorado Division of Water Resources to inquire about Well Permit # 113459, which was found by Weld County to be near or on this property. After researching the issue, we were able to find out that the well in question exists on the property located south and west of this property. Site reconnaissance revealed and affirmed that Well Permit # 113459 had been legally abandoned and replaced by a new well, Well Permit # 113459A. Both of these wells are still located on the southwest neighbors property and never existed on this property. We have attached a letter that attests to the abandonment and relocation. JR Engineering will design the individual sewage disposal systems that will be located on each lot to be compatible with a conventionally gravity piped system, should such a system ever be installed in this area. This will be accomplished by insuring that the outfall pipe leaving each dwelling will have ample space and fall to connect into a gravity system that may lie under Weld County Road 15 or under Terra Firma Road. JR Engineering has contacted both, the U.S. Postal Service (Carl Jenkins) and Weld County School District RE-4 (Brian Lessman) to request written approval of the location of their facilities that we are proposing, as well as to confirm the acceptance of the Entrance Island and Streetscape. We have provided letters from both jurisdictions that affirm the review and approval of the facilities that will service their needs. The turnaround shown on all plans of this subdivision has been offered by Jeff Couch and reviewed by most agencies that operate in Weld County and has been overwhelmingly accepted by Weld County RE-4, U.S. Postal Service and Poudre Fire Authority. Upon subsequent conversations with Carl Jenkins, it has also been determined that the name of the proposed cul-de-sac, Eagle Ridge Road, has already been taken. Mr. Jenkins did confirm that a new name, Terra Firma Road, had not been taken and that this name would work for the Postal Service. Therefore, JR Engineering will continue to use the name Terra Firma Road, until the name is undesired or unacceptable by another agency. JR Engineering intends to work with the Weld County Department of Public Works to satisfy any requirements that the department instates. Please, refer to the "Response to Department Comments" section that follows, which individually addresses comments listed on the Weld County Referral sheets. r, .-- JR Engineering has reviewed the Weld County Road Impact Fee Schedule (Table 20.1) as required by Ordinance 2002-11 and calculates that $17,883.00 will be the shared cost for Eagle Ridge Estates, considering that Eagle Ridge Estates will have (9) Single- Family Detached Dwellings. The owner will pay those fees as outlined in the Ordinance. Earth Engineering Company (EEC) has addressed the groundwater concerns stated in the May 23, 2005 Referral of the Colorado Geological Survey. A Letter Addendum written by EEC has been included in this submittal. This letter shall be added to the geotechnical report dated April 8, 2005. The rights to surface drilling and mining on this property are in the process of being relinquished by Anadarko Land Corp. and Anadarko E&P Company LP. Documentation provided by Legal Council has been included in this submittal that clearly identifies that the $10,000.00 purchase price of relinquishments has been tendered and awaits final transfer to the seller upon their request. This transaction will ensure that TFV, LLC or its assignees or agents owns surface rights outright, and that if drilling or mining were to be performed in the area by Anadarko, it could not be performed on this property and there will not be any need for easements. The Department of Planning Services did not receive comments by Poudre Fire Authority, Colorado Division of Wildlife or North Poudre Irrigation Company. We have attached the Weld County Referral sheet from Poudre Fire Authority and have addressed the comments in the "Response to Department Comments" section that follows. The • Colorado Division of Wildlife did not respond because they have no comments and typically do not respond unless affected. We have contacted the North Poudre Irrigation Company with a proposal letter that states that TFV, LLC will grant a 25' easement to the irrigation company in exchange for re-recording the centerline documents that are currently outdated. We have attached a letter from the North Poudre Irrigation Company that agrees to our proposal. The ultimate goal of this Zone Change Submittal package is to be scheduled for hearing and approved for changing the zoning on this property from Agricultural (Ag) to Estate (E). JR Engineering greatly appreciates your efforts in reviewing this submittal and hopes that this response letter in conjunction with the Weld County Referral Responses(attached) will help to expedite your work more efficiently. Thank you and please feel free to contact me at your earliest convenience if there is anything that I may help you with. Warm regards, z / JR Engineering Timothy J. Halopoff, P.E. r Technical Specialist Cc: File Wednesday, July 06, 2005 "Response to Department Comments" For Case# PK-1093 Department of Planning Services-Building Inspection (Bryon Horgen) 1. Building Permits will be obtained for all applicable structures including future entry way and or gates. 2. All applicable structures that are intended to be built on-site, will be submitted to Weld County for review and will have the appropriate professional stamp or seal affixed. 3. All buildings that are intended for construction on-site will comply with the current adopted Weld County standards and codes at the time of their approval process. 4. Each residential structure will have a site-specific final geotechnical foundation report performed and all residential buildings will have foundations designed by a Professional Civil Engineer. 5. All zoning ordinances and building codes implemented by Weld County will be adhered to. Department of Public Works (Peter Schei,P.E.) 1. In light of the fact that there are only (86) vehicle trips generated for this proposed subdivision, a traffic study will not be necessary. 2. County Road 15 is paved and currently has a 60' ROW dedicated as shown by the current location of the westerly property line of Eagle Ridge estates. County Road 86 is dirt and does not have a recorded ROW Therefore, we plan to include a 30'dedication of ROW, south of the recorded centerline on the Final Plat. 3. The typical section of Terra Firma Road will include a 60'ROW as well as a 65'radius ROW in the bulb of the cul-de-sac. The respective road pavement section will include 2x12'paved lanes and a 4' gravel shoulder on either side. The cul-de-sac bulb will include a 50' paved radial turnaround as well as a 4' wide gravel shoulder on the circumference. 4. A pavement design prepared by a Professional Engineer will be submitted with the final design drawings. 5. All applicable easements will be shown on the Final Plat. 6. Sight distance triangles will be shown on the Final Road Improvement Plans and vegetation within those triangles will be no more than 3-1/2'tall at full maturity. 7. Professionally stamped drawings which will include a Final Plat and Final Roadway/Construction and Grading Plans complete with construction details will be submitted following change of zone approval and Change of Zone recordation.. 8. A signing and Striping sheet will be included in the set of Roadway/Construction Plans and will adhere to the MUTCD. 9. The applicant will submit and get approval of all required agreements including "Improvement Agreements According to Policy Regarding On-site Improvements". 10. A Final drainage Report will be professionally prepared, stamped and submitted for approval with the construction documents. 11. A Final Drainage and Erosion Control Plan will be professionally prepared, stamped and submitted for approval and will include a detail of the typical grading of a residential pad site. Department of Public Health and Environment(Pam Smith) 1. A Draft Water Service Agreement with North Weld County Water District has been submitted and Boxelder Sanitation District has allowed Individual Sewage Disposal Systems on each lot. We plan to provide Primary Septic Envelopes only, as Ms. Smith has indicated that Secondary Envelopes will not be necessary due to the size of the lots. 2. Investigation has been performed on the well that was identified as well permit#113459. Research with the Colorado Division of Water Resources produced the documentation of well permit#113459(Attached). Site reconnaissance showed that the documentation that abandoned well permit #113459 and the relocation of well permit #113459A is in fact executed and both wells are located on the property at 41764 WCR 15, Fort Collins, Colorado 80524. Mr. And Mrs. David Doyle currently own this property. 3. The Specific Development Guide (Attached)seems to be adequate to expand on the initial impact scope. If there are any items not elaborated upon enough, please contact me at your earliest convenience. Office of the State Engineer of Colorado (Dick Wolfe,P.E.) 1. The cover letter provided by Alan Overton, dated April 8, 2005 states that the North Weld County Water District intends to supply adequate water flows to all (9) of the residential estates proposed. In an attempt to further insure service, Mr. Overton supplied Terra Firma Ventures, LLC with a Draft Water Service Agreement that he felt would be more of a commitment that a letter of intent. 2. A signed copy of the Water Service Agreement from the District will be supplied to Weld County prior to the final approval of the subdivision. 3. I have contacted Mr. William Fronczak with the Office of the State Engineer of Colorado by letter transmittal on June 14, 2005 with a request that after reviewing the supplied water service information, he contact the weld County Planning Department If Mr. Fronczak has not already replied to the Planning department, I will be more than happy to follow up. State of Colorado Department of Natural Resources (Karen A. Berry) 1. An addendum to the geotechnical report dated April 8, 2005 performed by Earth Engineering Company has been prepared in reference to groundwater and is attached for further clarifications. Weld County Sheriffs Office (Ken Poncelow) 1. The plan set for Eagle Ridge Estates does include a solid pedestrian shelter for school bus pick-up and drop-off The Poudre Fire Authority and Weld County School District RE-4 have approved the entry feature and median design. This comprehensive entryway allows for traffic to move freely while the pull-out is in use by. 2. The US. Postal Service has reviewed the clustered mailbox location and is satisfied with the design and placement for ease of use both by residents and mail carriers. 3. The subdivision signage shall be placed in the center median of the entryway and will be owned and maintained by the Homeowners Association. 4. If the roadways within this subdivision are not maintained or adopted by the County, the Homeowners Association will adopt and maintain the roadways during all seasons of the 2 year. The subdivision will be fully accessible at all times and the Sheriff's Department will have full accessibility to perform its duties. 5. The Homeowners Association will be responsible for keeping roadways fully accessible for emergency vehicles. 6. A Homeowners association will be created and recorded before final plan approval. This association will maintain all common areas, detention ponds and roadways, should weld County choose not to maintain the road. The association will have a contact for the Sheriff and Fire Authorities and work with all jurisdictions to provide a safe neighborhood. 7. Anadarko Land Corp has relinquished the surface rights to drill or mine for gas, minerals or hard minerals. No drilling or mining will be allowed on this property. Weld County RE-4(Brian Lessman) 1. Weld County RE-4 has approved of this subdivision and has asked for a fee of$10,931.13 (Memo Attached), for the impact of(9) residential homes on the district, which Terra Firma Ventures, LLC has accepted. 2. Weld County RE-4 has approved the entrance median and location of the pedestrian shelter (Memo Attached), as being conducive and appropriate to ensure the safety of all pedestrians and school busses. Boxelder Sanitation District(Ravi Srivastava) 1. All sanitation lines leaving the homes of this subdivision will flow with the natural grade t^ of the topography, which is toward a paved road and will be easily accessible to any future main sewer line that is installed thereafter. North Weld County Water District(Alan Overton) 1. North Weld County Water District has confirmed that Eagle Ridge estates does comply with its Comprehensive Plan. They have promised the subdivision (9) water taps and have supplied Terra Firma Ventures, LLC with a Draft water Service Agreement as intent to service the subdivision. Larimer County Planning Department(Jill S. Bennett) 1. Larimer County has reviewed the plans and finds that no conflicts exist between the developing of Eagle Ridge Estates and Larimer County. Weld County Zoning Compliance (Ann Srion) 1. Weld County Zoning has reviewed the Eagle Ridge Estates plans and finds that no violations exist. Town of Severance (Unknown) 1. The Town of Severance finds no conflicts between the development of Eagle Ridge Estates and the Town. n 3 Poudre Fire Authority (Michael A. Chavez) 1. Eagle Ridge Estates has one cul-de-sac road tentatively named "Terra Firma Road". "Terra Firma Road" is a name that has been approved by the U.S. Postal Service (Carl Jenkins), but may be altered should the fire or policing jurisdictions find it to be in conflict with another road. This cul-de-sac has a designed pavement turning radii of25' inside and 50' outside in each bulb and ROW radii of 65'. A second point of access is not intended at this point unless absolutely required. In lieu of the secondary access, lots 2,3,4,5 & 6 will be required to be sprinkled. Terra Firma Ventures, LLC intends to comply with all of the safety standards required by the Poudre Fire Authority. 2. All residential buildings with first story walls further than 150'from an approved fire apparatus point of access shall be sprinkled. 3. All of these comments are addressed properly on the plans. No residential building will be built further that 400'from a fare hydrant, the fire hydrants are not further than 800' apart and the water supply requirements will be met by services provided by the North Weld County Water District. 4. Subdivision identification signage and street address name and numbering will be approved prior to being put in to service. The U.S. Postal Service (Carl Jenkins) has approved "Eagle Ridge Estates"for the subdivision name and "Terra Firma Road"for the street name. JR Engineering and Terra Firma Ventures, LLC greatly appreciates the thorough review of Eagle Ridge Estates by all of the jurisdictional agencies and looks forward to building a beautiful and safe community of upscale estate homes. Please, feel free to contact me at your earliest convenience if I may be of assistance to the process of approving the change of zone on this property. Warm regards, JR Engineering,LLC Timothy J. Halopoff,P.E. Technical Specialist 4 DEPARTMENT OF PLANNING SERVICES Planning Division NORTH OFFICE 918 10 Street GREELEY, CO 80631631 slockman@co.weld.co.us W�`p I PHONE: (970)353-6100, Ext. 3540 FAX: (970) 304-6498 C� SOUTHWEST OFFICE COLORADO 4209 CR 24.5 LONGMONT, CO 80504 PHONE: (720) 652-4210, Ext. 8730 FAX: (720) 652-4211 June 16, 2005 Dyecrest Dairy LLC c/o Jim Halopoff P.E. P.O. Box 1245 Fort Collins, CO 80522-1245 RE: PK-1093 - (Eagle Ridge Estates PUD) Request for a PUD Sketch Plan for a 9 Lot Residential Subdivision on a parcel of land described as Lot A of RE-3840 being part of the NW4 Section 5, Township 7 North, Range 67 West of the 61h P.M., Weld County, Colorado Dear Mr. Halopoff: The Department of Planning Services' staff and various referral agencies have reviewed your Sketch Plan application. Comments made during the Sketch Plan phase of the Planned Unit Development and agency referral responses may not be all inclusive, as other concerns or issues may arise during the remaining application processes. Copies of the following referral agency comments are enclosed with this letter: • Weld County Department of Public Health and Environment, referral received 5/6/2005 • Weld County Sheriffs Office, referral received 5/6/2005 • Weld County Department of Public Works, referral received 6/9/2005 • Weld County Department of Building Inspection, referral received 6/7/2005 • Weld County Code Compliance, referral received 4/28/2005 • Office of the State Engineer, Division of Water Resources, referral received 5/12/2005 • Colorado Geological Survey, referral received 5/23/2005 • Larimer County, referral received 5/9/2005 • Town of Severance, referral received 5/26/2005 • School District RE-4, referral received 5/6/2005 • North Weld County Water District, referral received 5/24/2005 • Boxelder Sanitation, referral received 5/4/2005 r. PK-1093, Eagle Ridge Estates PUD,Page 1 The Department of Planning Services'staff and referral agencies have reviewed your application for a sketch plan on the above described parcel. Planning staff comments are based upon consistency with the Weld County Code, Chapters 19, 20, 22, 23, 24, 27 and any adopted intergovernmental agreements, or master plans of affected municipalities. APPLICATION AND REFERRAL OVERVIEW The site under review is zoned Agricultural and is located East of and adjacent to County Road 15 and south of and adjacent to County Road 86. No improvements are on the site. The Planned Unit Development Sketch Plan proposes nine residential lots with an average lot size of 3.63 acres. The lots are compatible with the intent and uses allowed in the E (Estate)zone district as set forth in Article III, Division 5 of the Weld County Code. The applicant has indicated that they wish to have R-1 (Residential)uses.This can be done, however,the proposal is not compatible with the R-1 district as it is not serviced by a public sewer system.Staff requests that the applicant review the intent and uses allowed in the E(Estate)zone district and those allowed in the R-1 (Residential)zone district. Unless otherwise requested, the proposed lots would be bound to adhere to the R-1 (Residential) zone district requirements, including setback, offsets, lot size, number of animal units and building height. A request to vary from the required public sewer system can be included in the Change of Zone application. The applicant will be required to submit Certificates from the Secretary of State showing the Homeowners Association(HOA)has been formed and registered with the state prior to recording the final plat. Application materials indicate a pedestrian shelter and group mailbox at the entrance to Eagle Ridge Estates. These amenities as well as any development identification sign should be on property owned and maintained by the HOA. It is also highly recommended that any required drainage ponds be located on property owned and maintained by the HOA. The application indicates the site is to be served by North Weld County Water District. Appropriate documentation shall be provided which indicates not only that water taps are available,but provide assurances that these connections will be made. The style of assurance may take several forms, however pre-purchase of taps,line extension agreements,tap service agreements,or another form of"participation agreement"will be acceptable. The style of assurance shall be approved by the Weld County Attorney's Office prior to submitting the change of zone application. Future applications shall include additional information on well permit#113459 which is located on the site. The application proposes individual sewage disposal systems on the lots.Future application shall address the request from Box Elder Sanitation to design the sewer system for future hook-up to their system. Weld County School District RE-4 indicated a cash-in lieu of land dedication fee will be required.The applicant shall contact the School District prior to submitting the Change of Zone to determine if the proposed bus pull- off and pedestrian shelter meet their requirements. The applicant shall also meet with the appropriate postal district prior to submitting the Change of Zone to determine if the common mailbox area meets their requirements. Evidence of School District and postal district approval shall be included in the Change of Zone application. The Weld County Department of Public Works has indicated many requirements.The applicant shall contact the Department of Public Works to discuss their requirements.All Department of Public Works requirements shall be addressed in future applications as required. The applicant shall address the County Road Impact Fee Program (Ordinance 2002-11)and adhere to the fee structure, or any adopted fee structure in place, as required per this Ordinance. The Colorado Geological Survey indicated in a referral dated May 23, 2005 that a geotechnical engineer should evaluate ground water conditions and make recommendations.The change of zone application shall include the study and recommendations for review. Application materials indicate that the property owners are negotiating with the properties mineral owners. Section 22-5-100.B.1 of the Weld County Code states"new planned unit developments or subdivisions should PK-1093,Eagle Ridge Estates PUD,Page 2 be planned to take into account current and future oil and gas drilling activity to the extent oil and gas development can reasonably be anticipated."The applicant shall include in future applications a copy of an agreement with the properties mineral owners,stipulating that the oil and gas activities have adequately been incorporated into the design of the site or show evidence that an adequate attempt has been made to mitigate their concerns. Alternatively, the applicant can purchase all mineral rights. The Department of Planning Services has not received comments from the following referral agencies: • Poudre Valley Fire Protection District • Colorado Division of Wildlife • Cactus Hill Ditch Company The applicant shall contact all referral agencies that did not respond to ensure their concerns have been addressed. Future applications shall indicate any concerns voiced by these agencies and how they are being mitigated. APPLICATION SUMMARY After reviewing the Planned Unit Development Sketch Plan proposal, it is the opinion of the Department of Planning Services that the Planned Unit Development Sketch Plan proposal meets the applicable criteria as listed in the Weld County Code. If you choose to proceed with the Planned Unit Development application process,the next step is to address the concerns of the referral agencies.When the concerns are addressed and a water tap agreement has been approved by the Weld County Attorney's Office,a Planned Unit Development Change of Zone application may be submitted,unless it has been determined that substantial changes from the submitted Sketch Plan would warrant the need to submit a new Sketch Plan application. Subsequent submittals associated with this proposed Planned Unit Development must address all issues discussed in the enclosed referrals,as well as r the questions and concerns of the listed referral agencies. Please review the enclosed materials and then call to schedule an appointment so that I may reserve a sufficient amount of time to meet with you. The purpose of the meeting will be to familiarize you with the PUD Subdivision application procedure and discuss any problems or concerns identified in the referrals associated with this letter. No additional information is required at this time. Please note, staff comments made during the Sketch Plan phase of the PUD application procedure and agency referral responses may not be all inclusive, as other concerns or issues may arise during the remaining application process. Sincerely, 1:CH/ i: '1/712/7 Sheri Lockman Planner II Enclosures File: PK-1093 PK-1093,Eagle Ridge Estates PUD,Page 3 reDt Weld County Referral COLORADO April 26, 2005 The Weld County Department of Planning Services has received the following item for review: Applicant Dyecrest Dairy LLC Case Number PK-1093 Please Reply By May 24, 2005 Planner Sheri Lockman Project Planned Unit Development Sketch Plan (Eagle Ridge Estates) Legal Lot A RE-3840 being part of the NW4 Section 5, T7N, R67W of the 6th P.M., Weld County, Colorado. Location East of and adjacent to Cr 15 and south of and adjacent to Cr 86 Parcel Number 0705 05 200001 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. Weld County Planning Department Design Review Meeting: ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ❑ We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. Comments: Signature /� Date ti - 7-off Agency .4•14/eld County Planning Dept. •-918 10'n Street, Greeley,CO.80631 <•(970)353-6100 ext.3540 •:•(970)304-6498 fax 411r4. ! DEPARTMENT OF PLANNING SERVICES V BUILDING INSPECTION NORTH OFFICE 918 10'"Street GREELEY, COLORADO 80631 PHONE (970) 353-6100, EXT.3540 FAX (970) 304-6498 WI I D C• SOUTHWEST OFFICE 4209 CR 24.5 COLORADO LONGMONT CO 80504 PHONE (720)652-4210 ext. 8730 FAX (720)652-4211 June 7, 2005 Dyecrest Dairy LLC (Eagle Ridge Estates) PK-1093 1. A separate building permit shall be obtained prior to the construction of any structure including any future entry way and or gates. 2. A plan review is required for each building for which a building permit is required. Two complete sets of plans are required when applying for each permit. Residential building plans may be required to bear the wet stamp of a Colorado registered architect or engineer. Commercial building plans shall bear the wet stamp of a Colorado registered architect or engineer. 3. Buildings shall conform to the requirements of the codes adopted by Weld County at the time of permit application. Current adopted codes include the 2003 International Residential Code; 2003 International Building Code; 2003 International Mechanical Code; 2003 International Plumbing Code; 2003 International Fuel Gas Code; 2002 National Electrical Code and Chapter 29 of the Weld County Code. 4. Each residential building will require an engineered foundation based on a site-specific geotechnical report or an open hole inspection performed by a Colorado registered engineer. Engineered foundations shall be designed by a Colorado registered engineer. 5. Fire resistance of walls and openings, construction requirements, maximum building height and allowable areas will be reviewed at the plan review. Setback and offset distances shall be determined by the Zoning Ordinance. 6. Building height shall be measured in accordance with the 2003 International Building Code for the purpose of determining the maximum building size and height for various uses and types of construction and to determine compliance with the Bulk Requirements from Chapter 23 of the Weld County Code. Building height shall be measured in accordance with Chapter 23 of the Weld County Code in order to determine compliance with offset and setback requirements. When measuring buildings to determine offset and setback requirements, buildings are measured to the farthest projection from the building. Property lines shall be clearly identified and all property pins shall be staked prior to the first site inspection. Please contact me for any further information regarding this project. Sincerely, frz7/7..4 • Bryon organ Plans Examiner MEMORANDUM ,...-.6iy: _..... TO: Sheri Lockman, Planning Department DATE: 09-June-2005 IFROM: Peter Schei, P.E.,Public Works Department ` O • SUBJECT: PK-1093 Ea le Ride Estates PUD (Sketch Plan).doc g g COLORADO Weld County Public Works Department has reviewed this sketch plan request. Comments made during this phase of the subdivision process may not be all-inclusive, as other concerns or issues may arise during the remaining application process. Comments General Comments: ❑ The Eagle Ridge Estates PUD Subdivision is planned for up to 9 single-family residential building sites. ❑ The Prelimnary Subsurface Exploration Report—Eagle Ridge Estates— Weld County, Colorado, dated April 8, 2005 by Earth Engineering Consultants(EEC Project No. 1052035)is satisfactory. External Roadways: ❑ This development will introduce 86 additional vehicle trips per day to the off-site roadway system based on 9 single-family residential homes. Based on the proposal and impact on surrounding roads, a traffic study is currently not required. ^ CR 15 is classified by the County as a local road(Weld County Roadway Classification Plan,June 2002)adjacent to the proposed development requiring a 60-foot right-of-way. The applicant shall verify the existing right-of-way and the documents creating the right-of-way shall be noted on the change of zone plat. If the right-of-way cannot be verified,it will be dedicated on the final plat. o CR 15 serving this development is paved and under the jurisdiction/maintenance of Weld County. ❑ CR 86 is not recognized as a County local gravel roadway adjacent to the north boundary of the proposed development. Public Works ask the applicant to verify the existing section line right-of-way and the documents creating the right-of-way shall be noted on the change of zone plat. If the section line right-of-way cannot be verified, it will be dedicated on the final plat. o CR 86 is not under maintenance of Weld County adjacent to the north boundary of the proposed development. Internal Roadways: • ❑ Internal roads are required to meet Weld County criteria for a PUD. The internal roadway right-of-way shall be sixty(60)feet in width including cul-de-sacs with a sixty-five(65) foot radius, and dedicated to the public. The typical section of interior roadway shall be shown as two I2-foot paved lanes with 4-foot gravel shoulders on the change of zone plat. The cul-de-sac edge of pavement radius shall be fifty(50) feet. ❑ The applicant shall prepare a pavement design prepared by a professional engineer submitted with the final plan materials. ❑ Easements shall be shown on the final plat in accordance with County standards (Sec.24-7-60) and / or Utility Board recommendations. ❑ Intersection sight distance triangles at the development entrance(s) will be required. All landscaping within the triangles must be less than 3'/ feet in height at maturity,and noted on the final roadway plans. ❑ The applicant shall submit to Public Works stamped,signed and dated final plat drawings and roadway/construction& grading plan drawings for review with the final plan application and approval. Construction details must be included. ^ Stop signs and street name signs will be required at all intersections and shown as a signing plan on final roadway plans. The current edition of the Manual on Uniform Traffic Control Devices(MUTCD) shall govern the signing plan. _ __-_. Page 1 of 2 _ ❑ The applicant shall submit Improvements Agreements According to Policy Regarding Collateral for(on-site) Improvements with the final plan application. These agreements must be reviewed by Public Works and shall be approved by the Board of County Commissioners(BOCC)prior to recording any fmal plat. Drainage: ❑ Drainage Report for Eagle Ridge Estates PUD-Sketch Plan Application,dated April 20,2005 by Timothy J. Halopoff, P.E. with JR Engineering is satisfactory. ❑ A final drainage report stamped, signed and dated by a professional engineer licensed in the State of Colorado shall be submitted with the final plan application. The 5-year storm and 100-year storm drainage studies shall take into consideration off-site flows both entering and leaving the development. Increased runoff due to development will require detention of the 100-year storm developed condition while releasing the 5-year storm existing condition. The fmal drainage report shall include a flood hazard review documenting any FEMA defined floodways. The engineer shall reference the specific map panel number, including date. The development site shall be located on the copy of the FEMA map. ❑ The applicant shall prepare a construction detail for typical lot grading with respect to drainage for the final plan application. Front, rear and side slopes around budding envelopes must be addressed. In addition, drainage for rear and side lot line swales shall be considered. Building envelopes must be planned to avoid storm water flows, while taking into account adjacent drainage mitigation. ❑ Final drainage construction and erosion control plans (conforming to the drainage report) stamped, signed and dated by a professional engineer licensed in the State of Colorado shall be submitted with the final plan application. These plans (stormwater management plans)may be based on Urban Drainage methodology. Recommendation ❑ The Public Works Department recommends approval of this sketch plan based on the above observations. Tlte ktppheant shalt address;the comments listed above at thelspecific step of the review process stated { ,'he review :process-will continue only when,all appropriate elements have-been'submitted. Any issues of concern:must§be resolvedwith the Public Works Department.prior.to'recording the change of jone and final pht: • PC: PK-1093 Eagle Ridge Estates PUT) (Sketch Plan) Email & Original: Planner: Lockman PC by Post: Applicant: Dyecrest Dairy, LLC PC by Post: Engineer: Tim Ifulopo.ThiV JR Engineering _. Page 2 of 2 _ 4. Weld CountyREELEY planning Department g OFFICE MAY 1 1 2005 itot' ECEIVERVlemorandum TO: Sheri Lockman, W.C. Planning C DATE: May 6, 2005 VI P • FROM: Pam Smith, W.C. Department of Public p:� COLORADO Health and Environment CASE NO.: PK-1093 NAME: Dyecrest Dairy/Eagle Ridge Estates The Weld County Health Department has reviewed this sketch plan proposal for a 9 lot PUD on 35 acres. The minimum lot size of 3 acres coupled with an overall density of one septic system per 3.9 acres does meet current Department policy. The application has satisfied Chapter 27 of the Weld County Code in regard to water service. The application states the water will be supplied by North Weld County Water District. A draft water service agreement is included in the application materials. The application states that sewer will be provided by Box Elder Sanitation District. However, a letter from Box Elder Sanitation acknowledges that the property is within the District's 208 service area, but goes on to state that no sewer line is within 3 miles of the property 'as the crow flies' and the cost of sewer line expansion is unreasonable. Box Elder Sanitation does not oppose the use of septic systems for this subdivision. The applicant has submitted a preliminary geotechnical report in the application. This report, from Earth Engineering Consultants and dated April 8, 2005 states that the site is expected to be suitable for conventional septic systems. Some systems may require mounding because of shallow weathered sandstone found (ranging from 2.5 to 6 feet). The property is bordered by the Cactus Hill Lateral on the west. Because of the large lot sizes and anticipated construction of conventional septic systems the Department is not requiring primary and secondary septic envelopes on the lots. A review of the Colorado Division of Water Resources records has found a well (well permit#113459) in the vicinity of Lot 7 that has not been identified in the application. The Department requests further information regarding the status of this well. The initial impact plan submitted in the application materials is limited in scope and should be elaborated on. O:1PAM\Plan n ing\sketch\pk-1093.rtf 1 STATE OF COLORADO OFFICE OF THE STATE ENGINEER of coto Division of Water Resources Department of Natural Resources yT2-- 1313 Sherman Street, Room 818 f\ y"/ Denver,Colorado 80203 Weld CountVffAnebepartment '1876" Phone(303)866-3581 FAX(303)866-3589 GREELEY OFFICE Bill Owens www.water.state.Co.us MAY 1 2 2005 Governor Russell George Ms. Sheri Lockman RECEIVED Executive Director County Planning Department Hal D.Simpson.RE. 918 10th Street Sate Engineer Greeley, Co 80631 Re: Eagle Ridge Estates PUD Case No. PK-1093 NW1/4 of Sec. 5,T7N, R67W, 6th P.M • Water Division 1,Water District 3 Dear Ms. Lockman: We have reviewed the above referenced proposal to subdivide a 34.99-acre parcel into 9 single- family residential lots ranging in size from 3.01 to 4.75 acres. A Water Supply Information Summary Form was not included in the referral material. The proposed water source for this development is identified as the North Weld County Water District ("District"). A letter of commitment for service from the District was not provided. According to the information in the referral material a draft water service agreement from the District has been prepared and the District could provide the required 500-psi for the fire hydrants and 20-psi for each of the 9 lots. Based on current information on file in this office, the District will typically furnish 70% of an acre-foot (228,000 gallons) of water per tap per annual water year if the allotment for the Colorado-Big Thompson (CBT) project water, as determined by the Northern Colorado Water Conservancy District, is 50% or greater. The District will restrict the delivery as necessary when the CBT allotment is less than 50%. Pursuant to Section 30-28-136(1)(h)(II), C.R.S., the State Engineer's office offers the opinion that with the District as the water supplier, the proposed water supply may be provided without causing material injury to existing water rights and the supply is expected to be adequate, provided the applicant obtains a letter of commitment for service from the District for this development. We recommend that the County obtain a signed copy of the water service agreement from the District prior to the finai approval of the subdivision. If you have any question in this matter please contact loana Comaniciu of this office. Sincerely, • 1'3/ Dick Wolfe, P.E. Assistant State Engineer cc: Jim Hall, Division Engineer George Varra, Water Commissioner, District 3 Water Supply Branch Subdivision File DW/IC/Eagle Ridge Estates PUD STATE OF COLORADO COLORADO GEOLOGICAL SURVEY Division of Minerals& Geology Departm1313 ent of NaStreet, Room rces 715 1313 Sherman Street, Room 715 Denver, Colorado 80203 Phone(303)866-2611 IlliatiPin FAX(303)866-2461 DEPARTMENT Weld County Planning Department DEATURA May 23, 2005 GREELEY OFFICE RESOURCE MAY 7 Governor 2 2005 RECEIVED Russell George Ms. Sheri Lockman VED Executive Director Weld County Planning Ronald W.Cattany Division Director 918 10th Street Vincent Matthews Greeley, CO 80631 State Geologist Re: Dyecrest Dairy LLC, PK-1093, CGS WE050050 Dear Ms. Lockman: Thank you for the submittal of information concerning the above referenced proposal. The proposal is to subdivide 35 acres into 9 single-family lots. The homes will be served by public water and individual septic systems. The geotechnical report notes that shallow groundwater conditions may exist when Cactus Hill Ditch is flowing. Before approving homes or septic systems near the ditch, it would be prudent for the county to require that a geotechnical engineer evaluate ground water conditions and make the necessary recommendations. If you have any comments or questions, please contact me at 303.866.2018 or by email at karen.berrvstate.co.us. state.co.us. .ncerely, en A. Berry Geological Engineer, AICP, PG, CPESC-SWQ Weld County Sheriffs Office M e mo To: Sheri Lockman � B From: Ken Poncelow CC: Date: May 6,2005 Re: PK-1093 The Sheriffs Office recommends the following improvements for this housing sub-division: 1. The Sheriffs Office requests that builders and developers designate an area by the entrance of the sub-division in which to place a shelter for school children awaiting the school bus. This area should also include a pull off for the school bus which enables it to safely load and unload children out of the roadway. 2. Either mail distribution within the sub-division or a central drop off location within the sub-division should be developed so that residents do not have to cross a county road to obtain their mail. 3. A permanent sign should be placed at the entrance to the subdivision detailing the name of the sub-division, address,and a graphical presentation of the roadways within the subdivision. There should be a plan developed to maintain this sign. 4. If the roadways within this sub-division are not maintained or adopted by the county, individuals purchasing property in this sub-division should be notified that the Sheriffs Office will have limited traffic enforcement powers. 5. A plan should be developed to maintain roadways within the sub-division especially during inclement weather conditions for emergency vehicles. 6. The Sheriffs Office is very supportive of homeowner funded homeowner's associations. These associations provide a contact for the Sheriffs Office and a means of maintaining common areas. 7. If there are oil or gas production facilities within this sub-division, they need to be fenced off in order to mitigate the potential for tampering. These facilities are known to create an attractive nuisance for young people. Tampering not only creates a significant danger to safety but also of environmental damage with extensive mitigation and clean-up costs. The Sheriff's Office lacks the ability to absorb any additional service demand without the resources recommended in the multi-year plan provided to the Weld County Board of County Commissioners or as indicated by growth not considered at the time the plan was developed. I have no other comments on this proposal. 1 . NAY-Ub-2UUb FRI 03:46 PM WIP°'°OR SCHOOL DISTRICT FAX NO, 9'`886 5280 P. 03 • �-. (it APR 2 9 2005 o Weld County Referral COLORADO April 26, 2005 The Weld County Department of Planning Services has received the following item for review: Applicant Dyecrest Dairy LLC Case Number PK-1093 • Please Reply By May 24, 2005 Planner Sheri Lockman Project Planned Unit Development Sketch Plan (Eagle Ridge Estates) Legal Lot A RE-3840 being part of the NW4 Section 5, T7N, R67W of the 6th P.M., Weld County, Colorado, Location East of and adjacent to Cr 15 and south of and adjacent to Cr 86 Parcel Number 0705 05 200001 • ^ The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. Weld County Planning Department Design Review Meeting: ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan - Ve have reviewed the request and find no conflicts with our interests. ❑ See attached letter. Comments: �..rn�.t, agc) /c/x. 144.Om..a 2...to-at /I-G dat-a s gz t' i/,[fr�w«a . �_ 431 Signature L y„ Date s_6. 0 Agency W.. 44 - Y • .�. •51/Veld County Planning Dept. 4x918 10"'Street, Greeley,CO.80631 3(970)353-6100 ext.3540 P(970)304-6498 fax FROM :BOXELDER SAN DIST � FAX NO. :9704980701 May. 04 2005 10:26AM P2 • rs a i) R 'CEIVED MAY 0 2 2005 BOXELDEA SANITATION DISTRICT o Weld County Referral C. • COLORADO - April 26, 2005 The Weld County Department of Planning Services has received the following item for review: Applicant Dyecrest Dairy LLC Case Number PK-1093 Please Reply By May 24, 2005 Planner Sheri Lockman Project Planned Unit Development Sketch Plan (Eagle Ridge Estates) • Legal Lot A RE-3840 being part of the NW4 Section 5, T7N, R67W of the 6th P.M., Weld County, Colorado. Location East of and adjacent to Cr 15 and south of and adjacent to Cr 86 Parcel Number 0705 05 200001 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new Information may be added to applications under review during the review process. If you desire to examine or obtain this additional Information, please call the Department of Planning Services. Weld County Planning Department Design Review Meeting: ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ❑ We have reviewed the request and find no conflicts with our interests. 0 See attached letter. Comments: 1W g, b �(J L 1 , towvvO, dka.. Arttsrbviio Okkt b dY /N-f 06 o�,,d ,y�y ,M (" t 4 � am/ -a+^ 13244:( _ Ci L4 Signature 'a• • , r;„"„s,,,,Qate �i 2(4,11. Z..00 S Agency 014&A r . 1, I �i e '`"Y` •r•Weld County Planning Dept. •:•Ate 1�0`^Street, Grereeley, CO. 1406331 :•(970) 353-0100 eXt.3540 '•(970)304-6490 fax • ittit Weld County Planning Departmen _ GREELEY OFFICE MAY 2 4 2005 EIVEDI Weld county Referral COLORADO April 26, 2OO5 The Weld County Department of Planning Services has received the following item for review: Applicant Dyecrest Dairy LLC Case Number PK-1093 Please Reply By May 24, 2005 Planner Sheri Lockman Project Planned Unit Development Sketch Plan (Eagle Ridge Estates) Legal Lot A RE-3840 being part of the NW4 Section 5, T7N, R67W of the 6th P.M., Weld County, Colorado. Location East of and adjacent to Cr 15 and south of and adjacent to Cr 86 Parcel Number 0705 05 200001 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information during process. or obtain this additional information, please call the Departme t ofPlanning Servicesire.exam examine to • Weld County Planning Department Design Review Meeting: We have reviewed the request and find thatir't`35a/does not comply with our Comprehensive Plan ❑ We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. Comments: ��77 t3EASE fdc`✓19RD C0n,neNTs Am- nee Poup,ce VA It ri r e U77+'94 TY t WELD LOuNTY Pao L/c 149FK-f Signature ��r9 �:/ Date C- , 51-03- Agency Npe TN W« (Awry 1✓krEt U rs712'cr +weld County Planning Dept. t918 10m Street,Greeley,CO.80631 t(970)353-6100 ext.3540 +(970)304-6498 fax 05-09-2005 09:05 FROM- ^ T-086 P.004/004 F-710 • o Weld County Referral C. COLORADO April 26, 2005 The Weld County Department of Planning Services has received the following item for review: Applicant Dyecrest Dairy LLC Case Number PK-1093 Please Reply By May 24, 2005 Planner Sheri Lockman Project Planned Unit Development Sketch Plan (Eagle Ridge Estates) Legal Lot A RE-3840 being part of the NW4 Section 5, T7N, R67W of the 6th P.M., Weld County, Colorado. Location East of and adjacent to Cr 15 and south of and adjacent to Cr 86 Parcel Number 0705 05 200001 - —i The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. Weld County Planning Department Design Review Meeting: U. We have reviewed the request and find that it does/does not comply with our Comprehensive Plan jI We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. Comments: Signature d - S , ,CP Date GM(4./ 9 or Agency dTj6� CD 7P/wax,," i•Weld County Planning Dept. +918 10th Street,Greeley, CO.80631 •:•(970)353-8100 ext.3540 c (970)304-6495 fax /01 o Weld County Referral C. COLORADO April 26, 2005 The Weld County Department of Planning Services has received the following item for review: Applicant Dyecrest Dairy LLC Case Number PK-1093 Please Reply By May 24, 2005 Planner Sheri Lockman Project Planned Unit Development Sketch Plan (Eagle Ridge Estates) Legal Lot A RE-3840 being part of the NW4 Section 5, T7N, R67W of the 6th P.M., Weld County, Colorado. Location East of and adjacent to Cr 15 and south of and adjacent to Cr 86 Parcel Number 0705 05 200001 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. Weld County Planning Department Design Review Meeting: ❑ 4'e have reviewed the request and find that it does/does not comply with our Comprehensive Plan 12 We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. I Comments: l,l ',c/1 Aj004) 4/ my /I.�R'�yDaY� i ave /v1/2.A� it/4g 1 /76 `i. a �ill62,1.. s Gca-t-t.l /7n 31-Cr/ Signature Date Agency /94,11,7- 4,1�� 4Dm1G./221 +Weld County Planning Dept. +918 10'"Street, Greeley, CO. 80631 •(970)353-6100 ext.3540 +(970)304-6498 fax 05/26/2005 15: 20 970-686-P^50 TOWN OF SEVERAN^ PAGE 04 rs Weld County Referral COLORADO April 26, 2005 • The Weld County Department of Planning Services has received the following item for review: Applicant Dyecrest Dairy LLC Case Number PK-1093 Please Reply By May 24, 2005 Planner Sheri Lockman Project Planned Unit Development Sketch Plan (Eagle Ridge Estates) Legal Lot A RE-3840 being part of the NW4 Section 5, T7N, R67W of the 6th P.M. Weld County, Colorado. • Location East of and adjacent to Cr 15 and south of and adjacent to Cr 86 Parcel Number 0705 05 200001 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. Weld County Planning Department Design Review Meeting: ve reviewed the request and find that it does/does not comply with our Comprehensive Plan We have reviewed the request and find no conflicts with our Interests. ❑ See attached letter. Comments: Signature > Date Sine /O S� Agency _ThlevN t Rio U a c . +Weld County Planning Dept. 4.915 10"Street, Greeley, CO.80631 +(970)353-6100 ext.3540 4(970)304-6498 fax Ud1. gre Fire Prevention Bureau Phone:970-221-6570 Authority 102 Remington Street Fax: 970-221-6635 i Fort Collins CO 80524 Internet:www.poudre-fire.org To: Sheri Lockman Weld County Planner From: Michael A. Chavez Fire Protection Technician Poudre Fire Authority 102 Remington Fort Collins, CO 80524 970.416.2869 (Office) 970.221.6635 (Fax) Re: Eagle Ridge Estates, PK-1093 (Dyecrest Dairy LLC) Date: April 29, 2005 CC: Terra Firma Ventures, LLC P.O. Box 1245 Fort Collins, Colorado 80522-1245 The following comments are applicable to this proposal: In accordance with the 97 LCLUC 8.1.4c, Other Standards, the Poudre Fire Authority will enforce the 97 Uniform Fire Code along with it's accompanying local ordinances as follows: CUL-DE-SAC: A dead-end street cannot exceed six-hundred-sixty (660) feet in length. The turn-around at the end of the street must have an outside turning radius of fifty (50) feet or more, and an inside turning radius of twenty-five (25) feet. Short fire lanes are permitted to facilitate a second point of access when a street is greater then 660 feet. All structures beyond the 660 feet limit must be fire sprinklered if a second point of access cannot be provided. 1997 UFC 902.2.2.3 NOTE Lots 2, 3, 4, 5, and 6 are beyond 660 feet and shall be required to be fire sprinklered if a second point of access can not be provided. SPRINKLER REQUIREMENTS: When any portion of the facility or any portion of an exterior wall of the first story of the building is located more then 150 feet from fire apparatus access as measured by an approved route around the exterior of the building or facility it shall be fire sprinklered. 1997 UFC 902.2.1 NOTE: This comment pertains to all the lots. WATER SUPPLY: Residential(Outside GMA) No Residential building can be greater then 400 feet from a fire hydrant. Fire hydrants are required with a maximum spacing of 800 feet along an approved roadway. Each hydrant must be capable of delivering 500 gallons of water per minute at a residual pressure of 20 psi. 1997 UFC 901.2.2.2 PREMISES IDENTIFICATION: Approved numerals or addresses shall be provided for all new and existing building in such a position as to be plainly visible and legible from the street or road fronting the property. 1997 UFC 901.4.4 STREET NAMES: Street names shall be verified and reviewed by County/City Planning Dept. prior to being put in service. 1997 UFC 901.4.5 . tiltiliG #;‘$ ' WilpWeld County Referral C. COLORADO • April 26, 2005 The Weld County Department of Planning Services has received the following item for review: Applicant Dyecrest Dairy LLC Case Number PK-1093 Please Reply By May 24, 2005 Planner Sheri Lockman Project Planned Unit Development Sketch Plan (Eagle Ridge Estates) Legal Lot A RE-3840 being part of the NW4 Section 5, T7N, R67W of the 6th P.M., Weld County, Colorado. Location East of and adjacent to Cr 15 and south of and adjacent to Cr 86 Parcel Number 0705 05 200001 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. Weld County Planning Department Design Review Meeting: O We have reviewed the request and find that it does/does not comply with our Comprehensive Plan �O_, We have reviewed the request and find no conflicts with our interests. jrc ee attached letter. Comments: Signature j �� Date y� 2 4/r0� ` Agency F-1--td 4 r *Weld County Planning Dept. 4918 10th Street,Greeley,CO.80631 3(970)353-6100 ext.3540 4(970)304-6498 fax SPECIFIC DEVELOPMENT GUIDE For Case# PK-1093 EAGLE RIDGE ESTATES P.U.D. MAJOR COMPONENT ONE A. ENVIRONMENTAL IMPACTS 1. Noise and Vibration: Eagle Ridge Estates will contain (9) Estate Lots. Each lot will be allowed (1) medium-sized outbuilding and a limited number of loafing sheds for a, per acre restricted ratio, of horses. These restrictions will be thoroughly covered in a Homeowners associations CC&R's. The natural vibrations given to the ground by horse galloping will not adversely affect any structure or property. There will be no Industrial, Agricultural or Commercial activities allowed on this property, therefore, the noise decibels exuded from this subdivision would be similar to that of any Estate Residence Community. The noise and vibration levels will be negligible. 2. Smoke, Dust and Odors: The CC&R's for Eagle Ridge Estates will prohibit burning of any kind as a source for disposal and/or clearing of brush and weeds. This will largely eliminate smoke from the subdivision. Lawn equipment will be allowed for purposes of landscape maintenance. The existing irrigation system will remain in use as means of flood irrigating each individual property. This system will allow for dust reduction by promoting ground cover and foliage. The subdivision will have a paved road with gravel shoulders, which will further enhance dust control. The CC&R's will provide for guidelines that will require and monitor horse living areas to ensure that maintenance and sanitary practices are regularly in use. Eagle Ridge Estates will be serviced by a solid waste disposal company, which will remove household garbage from individual property. 3. Heat, Light and Glare: Heat, Light and Glare will not be an issue to neighboring properties because of the rural nature of this development. There will be no streetlights to illuminate the starry country sky at night. CC&R's will control the lighting that is allowed on the outside of homes and on the property. Besides windows being installed on the homes, glare will not play an important role in this project, as would be the case with a commercial or industrial building. The estate homes planned will have minimal impact to the neighbors and the natural environment. 4. Visual/Aesthetic Impacts:Eagle Ridge Estates will have protective covenants, which will minimize adverse visual impacts while increasing the aesthetic value of the general area. The covenants will govern building heights, building materials, exterior colors and structure placement. Attractive landscaping and groundcover will compliment the estates as well as the entry features and detention pond area. Large lots combined with terrific relief will promote a country living environment as well as increase property value throughout the area. Homes will be strategically placed to create view corridors that will facilitate an open airy feeling for both the estate owners and surrounding property owners. All improvements will compliment and follow the existing grade contours so as not to disturb the hillside. 5. Electrical interference: There are no facilities added to this subdivision that will add electrical disturbance or create electrical interference of any kind. The electrical needs of these properties will be low and existing facilities will serve the subdivision, thereby requiring no change to the existing electrical infrastructure. CC&R's will limit antenna and satellite dish location and height. 6. Water Pollution: Eagle Ridge Estates will improve both surface and groundwater quality. The elimination of agricultural activity, especially dairy producing cows, will reduce the chemical and sediment loads historically carried by storm runoff and groundwater seepage from this site. A detention pond will further cleanse the storm water by allowing time for the sediment to settle and decreasing the peak flow rates during storm events. 7. Wastewater Disposal: Wastewater generated from each individual residence will be treated and maintained on each lot via the use of Individual Sewage Disposal Systems (ISDS). Boxelder Sanitation District and Weld County both approve of the use of these clean and efficient systems. All such units will comply with the requirements set forth by the Weld County Health Department guidelines and regulations. 8. Wetland Removal: There are no wetland areas existing on this property. Therefore, the improvements proposed for this property will in no way adversely affect wetland lands. 9. Erosion and Sediment: Historically, this site has been free of any dramatic erosion or sedimentation due to the moderate levels of natural groundcover growth onsite and the gradual existing grades. There is currently no evidence of erosion or sedimentation occurring. A specific erosion control and landscape plan will be prepared for this project that will ensure the stability of the land. 2 10. Excavating, Filling and Grading: No overlot or mass grading will be performed on this project. The disruption of this site will be minimal and will be limited to road grading and ditch installation. Following utility installation, an at grade road will be constructed and paved, which will eliminate any signs of grading. Individual homebuilders will construct and clean onsite as required by State Storm Water Management Plan Permits require. Impacts caused by site construction will be negligible. 11. Drilling, Ditching and Dredging: There will be no drilling, ditching or dredging necessary to complete the construction of this development. 12. Air Pollution: The Homeowners Association will limit and restrict the operation of gross pollution machines and vehicles. There are an estimated 86 vehicle trips per day produced by this subdivision. The amount of air pollution generated by this subdivision is extremely low and will impact the environment and neighboring homeowners at unnoticeable and immeasurable levels. 13. Solid waste: Solid waste will be removed from the site by a commercial waste hauler. Individual estate owners will be responsible for contracting with the waste disposal company of their choice. 14. Wildlife Removal: This site has historically been used for dairy farming and has been maintained as needed by tractor equipment. Neither there exists nor has existed any wildlife habitat on this site. Most migrating birds and herds travel along the ridge to the east where the land has been covered by open space and natural wildlife easements. 15.Natural Vegetation Removal: The natural vegetation on this property is of poor quality and mainly consists of sparse dryland wheat and weeds. Mowing currently controls the natural vegetation. When the road, entrance feature and detention pond are constructed, great care will be given to landscaping to ensure the reintroduction of natural and native vegetation. Upon individual lot building, landscaping and revegetaion will meet or exceed the current plant and groundcover quality. 16. Radiation/Radioactive Material: The geological hazards report for Eagle Ridge Estates indicates that there is no radioactive substructure or material located beneath or on this site. Additionally, no radioactive materials will be allowed to exist or be stored on site. 3 17. Drinking Water Sources: A potable water system will be provided for this subdivision by the North Weld County Water District. Delivery of this water is currently available and will be provided by an eight-inch water line in WCR 15. A six- inch or eight-inch water line will be built under the proposed Terra firma Road cul-de-sac with (9) water tap services that extend to the individual estate lots. 18. Traffic Impacts: Weld County Public Works estimates that the (9) residential estate lots will add 86 trips per day to the surrounding transportation infrastructure. This impact will have an insignificant impact on the existing roadways in the area. The proposed cul-de-sac for the subdivision will be a paved local street and will connect to WCR 15. MAJOR COMPONENT TWO B. SERVICE PROVISION IMPACTS 1. Schools: School services for Eagle Ridge Estates will be provided by Weld County RE-4 School District, which is based in Windsor, Colorado. An agreement has been created that establishes an impact fee of $10,931.13 for the (9) lot additions. The district has also approved the school bus pick-up/drop-off entrance median and pedestrian shelter. This entrance median eliminates the need for a bus turnout on WCR 15. 2. Law Enforcement: Law enforcement shall be provided by the weld County Sherriffs Department. The Sherriffs Department has reviewed the sketch plan submittal package and is supportive of the Eagle Ridge Estates Homeowners Association that will provide contact information and support to the Department. The subdivision will include amenities that will address their concerns about subdivision signage, street addressing and accessibility maintenance. The Sherriffs Department is O.K. with the pedestrian shelter, mailbox and signage locations, since the U.S. Postal service and School District RE-4 has already approved the amenities. 3. Fire Protection: Fire protection shall be provided by Poudre Fire Authority. Fire hydrant spacing and locations, roadways, turnarounds and signage have been provided on the plans as required by Poudre fire Authority. 4. Ambulance: Ambulance services will be provided by the Northern Colorado Ambulance Service. 4 5. Transportation: Regional transportation for Eagle Ridge Estates is provided by WCR 15 and cross streets WCR 84 and 86. WCR 84 and 15 are 24' fully paved street sections and WCR 86 is a 24' graded and partially paved street section. WCR 84 and 15 exist within a 60' Right of Way. WCR 86 currently has no Right of Way dedicated to the north of this property and is currently not maintained by the Weld County Public Works Department. The Final Plat for Eagle Ridge Estates will dedicate 30' of Right of Way, which will provide for half of the total section. The proposed Terra Firma Road cul-de-sac shall be a 24' paved street section complete with 4' gravel shoulders and borrow ditch on both sides. Terra Firma Road shall tie into WCR 15. 6. Traffic Impact Study: A traffic impact study is not required by the Weld County Public Works Department because of the minimal impact that this subdivision will have on the existing transportation corridors. 7. Storm Drainage: All storm drain patterns will be maintained by the system installed on site. All flows will drain west as they do historically, and will be directed to a detention pond that will reduce the 5 and 100-year storm events to existing rates before discharging the flow to the existing 12" storm pipe that runs west under WCR 15. The detention pond will settle suspended solids and reduce direct storm flow, thereby improving the quality of runoff. 8. Utility Provisions: All of the jurisdictional utility service providers have been contacted and have approved Eagle Ridge Estates for service either by Letters of Intent to serve or by actual Line Extension Service Contracts. The jurisdictions have verified that the current systems have ample sizing to accommodate this subdivision. 9. Water Provisions: Water service will be provided by the North Weld County Water District. A draft Water Line extension Agreement has been provided by Alan Overton that states that (9) taps are available and that potable water service will be provided by the district via an extended water line under the proposed Terra Firma Road. 10. Sewage Disposal Provision: Boxelder Sanitation District has approved the use of Individual Sewage Disposal Systems (ISDS) for this subdivision. Percolation tests have been performed by Earth Engineering Consultants (EEC) and have proven that the soils are suitable for an ISDS on all lots. The Weld County Dept. of Health and Environment has concluded that secondary septic envelopes are unnecessary due to the large lot sizes. Each lot will require site-specific Testing. 5 11. Structural Road Improvements: All adjacent roadways currently meet or exceed the structural capacity and conditions needed to serve this subdivision. The proposed Terra Firma Road will have a final geotechnical report developed prior to approval of the final roadway section. The section will meet or exceed the typical section specified by the Department of Public Works and Chapter 24 of the Weld County Code. MAJOR COMPONENT THREE C. LANDSCAPING ELEMENTS Landscaping for Eagle Ridge estates will consist of the following elements: 1. Landscape Plans: An approved landscape plan will be generated that clearly represents all of the common space structures and foliage that will include but not be limited to fencing, streetscape, detention pond planting and re-vegetation. The plan will be prepared in accordance with Section 27-9-30 of this document. 2. Perimeter Treatment and Buffering: Eagle Ridge Estates will be complimented with several aesthetic appurtenances that will add delineation and structure to this subdivision. Slight berming and split rail fences will be placed around the perimeter of the tract, mainly where the subdivision is adjacent to public roadways. One tree per lot will be planted to provide streetscape and demarcation of estates. Ground cover and landscaping will be provided in and around the entrance features and detention pond. No mineral or gas wells or mines will be allowed on-site, thereby removing the need to buffer or hide any unsightly elements. Setback easements for structures will be established to buffer the homes from roadways and pedestrians. 3. & 4. Maintenance: Maintenance for all improvements within common space areas shall be maintained by the Home Owners Association that will be established prior to final approval. The Homeowners association will maintain the borrow ditches, roadway, detention pond and entrance median. All individual lot owners shall maintain all portions of their respective properties. 5. Irrigation Water: The HOA will own water shares from the North Poudre Irrigation Company that will irrigate common space features. An ownership agreement will be submitted prior to final approval. 6 MAJOR COMPONENT FOUR D. SITE DESIGN 1. Unique Features: The Cactus Hill Lateral Inrigation Ditch is centered on the eastern property line of Eagle Ridge Estates. We have contacted the North Poudre Irrigation Company and offered to provide for them a 25' easement and re-recorded centerline of ditch. This ditch can and will irrigate the lots of this subdivision, provided that each individual lot owner wants to share in irrigation water. The ditch provides a buffer between Eagle Ridge Estates and the natural open space to the east. 2. Ch. 22 Consistency: Eagle Ridge Estates and the plans and documents submitted for P.U.D. review are thoroughly consistent with the goals and policies of Chapter 22. 3. & 4. PUD Zone Compatibility: Eagle Ridge Estates is proposed to have Estate Zoning. The property, site location and neighboring properties all clearly confirm that this project is duly compatible with P.U.D. Zoning. The adjacent properties are residential parcels with similar density and agricultural in nature. The subdivision will blend with the existing uses. 5. Hazard Areas: This project does not lie within a Flood Hazard, Geological Hazard or Airport Overlay District. MAJOR COMPONENT FIVE E. COMMON OPEN SPACE USAGE 1. Common Open Space: Due to the location of this P.U.D. and its proximity to another residential subdivision, there will be no common open space provided or required. 2. Home Owners Assn: Membership, rules and responsibilities of the Home Owners Association and its members shall be executed in strict compliance with this code. MAJOR COMPONENT SIX F. SIGNAGE 1. On-Site Signage: Traffic control signs and street information signs will be installed at the intersection of WCR 15 and proposed Terra Firma Road. Subdivision identification signage will also be located in the median of the road. 7 MAJOR COMPONENT SEVEN G. M.U.D. IMPACT 1. M.U.D. Area: This project is not located within an M.U.D. area. MAJOR COMPONENT EIGHT H. INTERGOVERNMENTAL AGREEMENTS IMPACT 1. I.A.I. Impact: This project is not located within an area governed by intergovernmental agreements. 8 _ 1)o fe,, Van giCkern & Cuypors LLP ATTORNEYS AT LAW CENTRE FOR ADVANCED TECHNOLOGY KENNETH C. WOLFE 1008 CENTRE Ai£NC E CHERYL LEE V.4N ACKERN FORT COLLIN'S, COLORADO 80526 CH:IRLE.S✓. CL'YPER.S June 22, 2005 Molly Sommerville, Esq. Woodrow & Sobel, P.C. 1660 Wynkoop Street, Suite 1100 Denver, Colorado 80202 Reference: Terra Firma Ventures LLC, a Colorado limited liability company Commitment to purchase relinquishment Dear Ms. Somemrville: Following up on our telephone conversation of Tuesday, June 21, 2005 I am writing on behalf of Terra Firma Ventures, LLC, a Colorado limited liability company, to confirm that our client will purchase the relinquishment and quit claim from Anadarko entities by means of a single .--- payment of$10,000. I have reviewed the document which you provided to Cheryl Lee Van Ackem on May 20, 2005. We have no objection to the proposed relinquishment and quit claim. I am attaching for your convenience a copy of the warranty deed for the subject property that has been executed and sent to the office of the Larimer County Clerk & Recorder for recording. It is my understanding that upon receipt of this confirmation you will forward the relinquishment and quit claim to your clients for execution. Please advise me when the document is fully executed and ready for delivery to our firm on behalf of Terra Firma Ventures, LLC. At that time we will forward to you the cashier's check representing consideration in this matter. If you have any questions, please call. Very truly yours, Charles J. Cuyp cc: Terra Firma Ventures, LLC TELEPHONE 970493-8787 Fix 970493-8788 OFFLCE@IVEC-L.1W.(O.'f ("Wolfe, Van gickem & Cuypets LLP ATTORNEYS AT LAW CENTRE FOR ADVANCED TECHNOLOGY KENNETH C. WOLFE /008 CENTRE AVENUE CHERYL LEE VAN ACXERN FORT COLLINS, COLORADO 80526 CHARLES) CUYPERS April 22, 2005 Molly Sommerville, Esq. Woodrow & Sobel, P.C. 1660 Wynkoop Street, Suite 1100 Denver, Colorado 80202 Reference: Terra Firma Property/Greeley Township 7 North, Range 67 West Section 5: NW/4 NW/4 Weld County, Colorado Dear Ms. Somemrville: This firm represents Terra Firma Ventures, LLC. Susan Joy has forwarded to me a copy of - - your April 12, 2005 letter and proposal from the Anadarko entities to sell a relinquishment of surface rights for the oil and gas and the hard rock minerals on the subject Property. Terra Firma Ventures has reviewed your letter and proposal. It is their opinion that the price for relinquishment of surface rights for oil and gas and minerals is too high. The Company proposes for Anadarko's consideration, a purchase of the surface rights for the oil and gas in the amount of$75.00 per acre and purchase of the surface rights for the hard rock minerals in the amount of$75.00 per acre, for a total of$5,250.00. Please let me know if this offer is acceptable to your client. Very truly yours, • Cheryl Lee Van Ackern cc: Terra Firma Ventures, LLC TELEPHONE 970 493-8787 E4x 970 493-8788 OFF!CE@WVC-L.4 w.Com WOODROW & SOBEL, P.C. ATTORNEYS AT LAW 1660 Wynkoop Street, Suite 1100 Denver,Colorado 80202 Telephone: 303-296-1400 Facsimile: 303-296-1924 Molly Sommerville,Esq. E-mail: law@woodrow-sobel.com msommerville@woodrow-sobel.com April 12, 2005 Via Telefax and U.S. Mail Susan Joy Terra Firma Ventures, LLC Post Office Box 1245 Fort Collins, Colorado 80522-1245 Re: Terra Firma Property/Greeley Township 7 North, Ranee 67 West Section 5: NW/4NW/4 Weld County, Colorado Dear Susan: This letter follows up our various telephone conversations and your correspondence concerning the property that Terra Firma Ventures, LLC proposes to purchase and develop that is generally described as a 35 acre parcel in the NW/4NW/4 of Section 5, Township 7 North, Range 67 West in Weld County, Colorado ("Property"). You have provided me with a vicinity map for the Property which I understand is described as Lot A on the map entitled "Recorded Exemption No. 0705-5-2 Re-3840." As you are aware from our telephone conversations, this law firm represents Anadarko Land Corp. ("Anadarko Land"), formerly known as Union Pacific Land Resources Corporation, and Anadarko E&P Company LP ("Anadarko E&P"), formerly known as Union Pacific Resources Company, with respect to the proposed development of the Property. The Anadarko entities own all of the minerals that underlie the Property. Susan Joy April 12, 2005 Page 2 You asked for a proposal from the Anadarko entities to resolve the potential conflict between the development of the mineral estate and the prospective development of the surface estate into a nine lot subdivision. As you may be aware, Colorado law recognizes that the surface estate and the mineral estate are separate and distinct property interests and that one may be severed from the other. Under Colorado law, the mineral owner has the right to use as much of the surface of the property as is reasonably necessary to develop the minerals. Where, as here, potential conflict arises because the surface owner proposes to develop the surface estate, the owners of the two estates will generally enter into surface use agreements or other agreements with respect to the use of the surface of the property. 1. The Oil and Gas Interests Owned by Anadarko E&P. The Anadarko entities own all of the oil and gas that underlies the Property. A predecessor company to Anadarko E&P entered into an agreement with United States Exploration, Inc. ("UXP") pursuant to which UXP has the right to earn certain oil and gas leasehold interests in the Property. Current Colorado Oil and Gas Conservation Commission ("COGCC") rules and regulations would allow oil and gas interest owners to locate five wells in a quarter section where the Property is located, one in the center of the quarter section and one in the center of each quarter quarter section. A copy of COGCC Rule 3I8A is enclosed, along with a copy of a plat that visually locates the drilling windows in a quarter section to which the rule applies. As you may be aware, oil and gas interest owners generally enter into surface use agreements with surface owners in anticipation of surface development where the oil and gas interest owners may agree to restrict their surface use of the property to areas specified in the agreement in exchange for certain agreements from the surface owner. Susan Joy April 12, 2005 Page 3 Anadarko representatives are prepared to recommend to their management for approval a proposal for one of two alternatives that are i) a surface use agreement that identifies and reserves a future well location generally in the center of the NW/4NW/4; or ii) a relinquishment of surface rights for the oil and gas interests. In the event that you elect to enter into a surface use agreement that would reserve a future wellsite location on the Property, the wellsite location would be located in the center of the NW/4NW/4 and include an area that is at least a circle with a radius of 200 feet. The wellsite location would be for the exclusive use of oil and gas exploration and production operations. The parties would also identify locations for an access route and a pipeline easement, and the surface use agreement would include other terms that the Anadarko entities generally include in their agreements, such as waivers for setback requirements and surface damage payments, among other things. In the event that you elect to purchase a relinquishment of surface rights for the oil and gas, the Anadarko entities would proposed to relinquish their rights to go on the surface of the Property to develop the oil and gas in exchange for a payment of$200.00 an acre or the total purchase price of$7,000.00 for the 35 acres. 2. The Minerals Other Than Oil and Gas Owned by Anadarko Land. Anadarko Land owns all of the minerals other than the oil, gas and associated liquid hydrocarbons that underlie the Property. Anadarko Land typically enters into arrangements with surface developers for the disposition of the hard rock minerals in cases where such mineral development will be precluded because of surface development. The disposition of the hard rock mineral interests can range from a mineral deed to a long-term non-development lease to a relinquishment of surface rights. A senior geologist at Anadarko Land has reviewed the geology for the Property for coal resource potential and determined that at this time there is probably little potential for the development of the coal that underlies the Property. It has been the experience of Anadarko Land, however, that surface developers in general wish to resolve severed mineral rights issues for marketability and title reasons. If you would like to work out an agreement with Anadarko Land with respect to the hard rock minerals, Anadarko Land would propose to provide you with a relinquishment of Susan Joy April 12, 2005 Page 4 surface rights for the hard rock minerals in exchange for a minimum transaction fee of $5,000.00. The form of relinquishment that the Anadarko entities generally provide to developers is enclosed for your review. These proposals are subject to the final management approval of the Anadarko entities. Please call me after you have had an opportunity to review the information in this letter so that we can discuss how to proceed. Very truly yours, WOODROW & SOBEL, LLC Molly Sommerville MS/sa Enclosures cc: Dan Casper Tom Marranzino Don Ballard a Wells located near a mine. No well drilled for oil or gas shag be located within two hundred (200)feet of a shaft or entrance to a coal mine not definitely abandoned or sealed, nor shall such well be located within one hundred(100)feet of any mine shaft house,mine boiler house,mine engine house,or mine fan;and the location of any proposed well shag insure that when drilled it will be at least fifteen(15)feet from any mine haulage or akway. 318A. GREATER WATTENBERG AREA SPECIAL WELL LOCATION RULE a. The Greater Wattenberg Area ("GWA") Is defined to include those lands from and including Townships 2 South to 7 North and Ranges 61 West to 69 West, 6" P.M. In GWA, operators may utilize the following described drilling locations to drill or twin a well,deepen a well,or recompiete a well and to commingle any or all of the Cretaceous Age formations from the base of the Dakota to the surface("GWA wells"): (1) A square with sides four hundred (400) feet in length, the center of which is the center of any quarter/quarter section;and, (2) A square with sides eight hundred (800) feet in length, the center of which is the center of any quarter section. b. My GWA well in existence prior to the effective date of this rule, which is not located as described above, may also be utilized for deepening to or recompletion In any Cretaceous Age formation, and for the commingling of production therefrom. c. Where an existing well cannot be utilized for deepening or recompletlon,for reasons including,but not limited to, differing ownership or wellbore limitations, any new, twinned well shall be located as close to such existing well as is practicable,consistent with sound engineering practice. d. This rule does not alter the size or configuration of drilling units for GWA wells in existence prior to its effective date. Where deemed necessary an operator for purposes of allocating production, such operator may allocate production to an expanded drilling unit with respect to a particular Cretaceous Age formation consistent with the provisions of this rule. e. This rule shall not serve to bar the granting of relief to owners who file an application alleging abuse of their correlative rights to the extent that such owners can demonstrate that their opportunity to produce the Cretaceous Age formations from the drilling locations herein authorized does not provide an equal opportunity to obtain their just and equitable share of oil and gas from such formations. f. Subject to paragraph d.above,this rule supersedes all prior Commission drilling and spacing orders affecting the GWA wells. Well location exceptions to this rule shall be subject to the provisions of Rule 318.c. as of August 30.2001 Colorado Or nd Gas Conservation 'ommission GREATER WATTENBERG AREA Special Well Location Rule 318 A 320 Acre Spacing Unit -2040'-•---- ' 800' ■ jib0'-►4� 20'- v0' 1-r n400' x 400' Sec. - T S - R_V'J "^ 800' x 800' L-.J , 1000 Fr u-,k—, r r RELINQUISHMENT AND QUITCLAIM THIS RELINQUISHMENT AND QUITCLAIM effective this day of ,200 ,by and between ANADARKO LAND CORP.,formerly known as RME Land Corp. and Union Pacific Land Resources Corporation, with an address of P. O. Box 1330, Houston, Texas 77251-1330 (hereinafter "Anadarko Land"), and with an address of (hereinafter "GRANTEE"). WITNESSETH: RECITALS 1. The lands which are the subject of this Relinquishment and Quitclaim are the lands that are described on attached Exhibit A and are hereinafter referred to as the "Subject Lands." 2. By deed dated recorded on in the Office of the Clerk and Recorder of County in Book_, Page , Union Pacific Company conveyed to certain real estate in County, Colorado, a portion of which are the Subject Lands. Said deed was made subject to the reservation by the grantor of, among other things, "(a)11 coal and other minerals within or underlying said lands." 3. By quitclaim deed dated recorded on in the Office of the Clerk and Recorder of County in Book , Page , Union Pacific Railroad Company (successor to Union Pacific Land Company) quitclaimed to Union Pacific Land Resources Corporation, all of its right, title, and interest in and to certain real estate in County, Colorado, a portion of which was the Subject Lands. 4. This Relinquishment and Quitclaim relates to surface entry only for the minerals other than the oil, gas and associated liquid hydrocarbons that Anadarko Land owns in the Subject Lands. The minerals exclusive of oil, gas and associated liquid hydrocarbons are hereinafter referred to as "Minerals." 1 RELINQUISHMENT AND QUITCLAIM NOW THEREFORE, Anadarko Land for and in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration to it paid, the receipt of which is hereby acknowledged, has RELINQUISHED and forever QUITCLAIMED, and by these presents does RELINQUISH and forever QUITCLAIM unto GRANTEE, its grantees, successors and assigns, with respect to the Subject Lands only, the right to enter upon the surface of the Subject Lands to explore for and remove the Minerals by virtue of the reservation contained in the deed described in paragraph 2, it being the intent hereof to relinquish only the right to enter upon the surface of the Subject Lands to explore for and remove the Minerals, and to leave in full force and effect all other rights reserved to Union Pacific Company in that deed, it being expressly understood that Anadarko Land's title to the Minerals shall be in no way affected and that Anadarko Land and any lessee, licensee, successor or assign of Anadarko Land shall have the right to remove the Minerals from the Subject Lands by subterranean entries, by means of operations conducted on the surface of other lands or otherwise by any means or methods suitable to Anadarko Land, its lessees, licensees, successors and assigns, but without entering upon or using the surface of the Subject Lands, and in such manner as not to damage the surface of the Subject Lands or to interfere with the use thereof by GRANTEE, its grantees, successors and assigns. This Relinquishment and Quitclaim is made subject to the specific understanding that all of the terms, conditions, provisions and reservations contained in the deed dated referenced in paragraph 2 and not heretofore relinquished shall continue in full force and effect with respect to all lands conveyed thereby and not covered by this Relinquishment and Quitclaim, and it is further specifically understood that all the terms, conditions, provisions and reservations contained in that deed and not relinquished hereunder shall continue in full force and effect with respect to the Subject Lands. IN WITNESS WHEREOF, Anadarko Land has executed this Relinquishment and Quitclaim on the date set forth in the acknowledgment, to be effective on the date and year first written above. ANADARKO LAND CORP. By: Name: Its: 2 STATE OF TEXAS ) ) ss. County of Montgomery ) The foregoing instrument was acknowledged before me this day of 2003, by , as for ANADARKO LAND CORP. My Commission expires: Witness my hand and official seal. Notary Public 3 EXHIBIT A to Relinquishment and Quitclaim dated 2003, between Anadarko Land Corp. and Legal Description Township , Range West Section : County, Colorado 4 o=771T/�T RVICE Date: June 28, 2005 Subject: Mail Delivery at Eagle Ridge Estates To: Weld County Planning and Zoning The Fort Collins Postal Service has met with Tim Halopoff as the engineer for Terra Firma Ventures,LLC. We agreed on the location for the cluster box unit near the edge of the 8' gravel shoulder at the entrance of the development. If you have any questions please call Carl Jenkins at 970-225- ^ 4130. ffJ Carl Jenkins Growth Coordinator USPS 301 E. Boardwalk Dr. Fort Collins, Co. 80525-9998 JUL-06-2005 WED 09: 10 AM WINaSOR SCHOOL DISTRICT FAX NO, 97°‘686 5280 P. 01/01 WELD COUNTY RE-4 WINDSOR, COLORADO 80550 Phone: 976686-7411 Fax: 970-6865280 Memo To Tim Flalopoff Front Brian Lessman Date &30.05 Via: Fax Transmission 970-491-9984—No original to Mow unless requested Ran Bus Lass Acceptance—Eagle Ridge Pasta* You have requested a review of the subdivision entryway detail that you submitted to the Re-4 District. The entryway as designed is accepted and will meet district transportation requirements for a bus turn around at this location. If you need any further Information,feel free to contact our office at 970-686- 8011 and ask for Valerie. •Page 1 APR-12-2005 TUE 07:43 AM CFC 1G. FAX NO. 97"'216378 P. 02 APR-11-2005 MON 10:59 AN WINDSOR SCHOOL DISTRICT FAX NO. 970 886 5280 P. 01/01 WELD COUNTY RE-4 WINb$ua , (.111 �ll't Allp !u hH,i /-11 1 • r.,,. 'l/w;t} ; s& Memo Pestle Fax Note 7671 bus.y ► To N/es a 0401 t From , thy,/ j/ CoJDop- "`" its tosses is 6 v c4 Ta Susan Joy Plunk Phone• hen Man Leaman C � ,�/ ( • a�f b 3 n Re C l/`' DMus a1q.oa Vtrugl. L sci'e e_A- Na Weld arathr PIJO To 6 4 "5"2-1(6 Thls PUD located at the southeast comer of Weld County Road 88 and 16 Is described as a process to subdivide land Into nine(8)residential lots. Thls would generate student Impact as follows: Nine(9)single family units I estimated to generate 7.2 students This would generate.3 classrooms to the school district. This has an impact of about$38,000 In capital impact to the district for dassrcom specs at current standards. As this may also cause additional buildings to be built at some point which would require support classrooms,cafeterias,gymnasiums,counseling offices,playgrounds, administrative space,etc., there would be additional capital expense at that lime in addition to the above number for direct classroom spaces. Currently students from this area would be transported to schools in the dletrlct Instructional costs are estimated to be$6,000 per year The District would anticipate some relief In the form of land dedication or cash-in-lieu of lend dedication fees consistent with its current standards. Currant standards would be as follows: Sin&Family=$1,214.57 per Lit Total Cash In Lieu of Land Dedication Fees=$10,931.13 •Page 1 0.1 Page 1 of 1 Sheri Lockman From: Halopoff, Timothy [THalopoff@JREngineering.com] Sent: Thursday, July 14, 2005 1:22 PM To: Sheri Lockman Subject: FW: Groundwater, Eagle Ridge Estates Sheri, Thanks so much for all of your help on the two projects that I submitted on Monday. The E-mail below is from our geotech (EEC) regarding groundwater. It seems to be a very positive finding. I also spoke with Steve Smith at North Poudre Irrigation Company regarding the Cactus Hill Lateral easement dedication. I submitted a letter to you for Eagle Ridge offering to place a 25'easement, west of our eastern property line which is the ditch centerline. He said that the Irrigation company would agree with a 35' easement and allow us to re-record the misaligned centerline. I am more than happy to accommodate him. I will forward you his correspondence as soon as I have it. With this additional info, I believe that you will find both Eagle Ridge Estates and Shepherds Hill Estates to be comprehensive submittals. Thanks again. Warm regards, Tim Halopoff, P.E. Original Message From: Lester Litton [mailto:lesterl@earth-engineering.com] Sent: Thursday, July 14, 2005 12:07 PM To: Halopoff, Timothy Subject: FW: Groundwater Lester Original Message From: Lester Litton [mailto:lesterl@earth-engineering.com] Sent: Thursday, July 14, 2005 11:15 AM To: 'halopoft@jrengineering.com' Subject: Groundwater Tim Joe measured the groundwater levels in the three test holes at the Eagle Ridge Estates project this morning. None of the test holes showed any groundwater with open holes to depths of 13', 12' and 15'for B-1, B-2 and B- 3, respectively. It does not look like groundwater will adversely affect septic or home construction although each homeowner or home builder should complete an evaluation specific to their building location. Please call if you have any other questions. Lester L Litton, P.E. Earth Engineering Consultants, Inc. 07/14/2005 Steve Smith, Operations Manager Thursday, June 30, 2005 North Poudre Irrigation Company 43910 Weld County Road 45 Ault CO 80610 (970)568-3612 Dear Mr. Smith, I am the manager of Terra Firma Ventures, LLC (TFV, LLC). Recently, Terra Firma Ventures, LLC purchased a 34.99 acre piece of property on the southeast corner of WCR 15 & WCR 86. The parcel is highlighted on the attached plat. An ALTA performed on the property shows that a recorded centerline for the Cactus Hill Lateral is misaligned and runs outside of the actual Cactus Hill Ditch and west through our property. The true center of the Cactus Hill Lateral is our eastern property line. In an effort to work neighborly with the North Poudre Irrigation Company (NPIC) and to provide Weld County with an agreement between NPIC and TFV, LLC we would like to grant a 25' easement to NPIC from our eastern property line west. This easement would include the west half of the ditch and the ditch rider's road. In exchange, TFV, LLC would like the outdated misaligned centerline to be abandoned and a new centerline created on our property line. If you are able to provide a letter agreeing to the recordation changes, TFV, LLC will be willing to draw up the necessary documentation. The letter will provide Weld County with sufficient documentation to allow us to continue with our processing. The signed letter, allowing TFV, LLC to move the recorded centerline of the Cactus Hill Lateral and dedicate a 25' easement to the NPIC, may be faxed to me at 970.491.9984 or mailed to me at JR Engineering, 2620 East Prospect Road, suite 190 Fort Collins, CO 80525. Thank you in advance for your kind attention to this important matter. If you have any questions or comments, please contact me at your earliest convenience. Warm regards, 1/75//i Terra Firma Ventures, LLC Tim Halopoff, P.E. JUL-05-2005 TUE 10:08 AM FAX NO. -. P. 02 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 full. • y Signed Date 7/5/a S- JUL-05=2005 TUE 10:08 AM , FAX NO, .-. P. 01 Report Date: 07/05/2005 09:42AM WELD COUNTY TREASURER Page: 1 STATEMENT OF TAXES DUE SCHEDULE NO: R3250304 ASSESSED TO: DYECREST DAIRY LLC 1137 NORTH COUNTY LINE RD FORT COLLINS, CO 80524 LEGAL DESCRIPTION: PT NW4 5 7 67 LOT A REC EXEMPT RE-3840 (1.34R.470) PARCEL: 070505200001 SITUS ADD: TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE 2004 TAX 330.48 0.00 0.00 330.48 0.00 TOTAL TAXES 0.00 GRAND TOTAL DUE GOOD THROUGH 07/05/2005 0.00 ORIGINAL TAX BILLING FOR 2004 TAX DISTRICT 2411 Authority Mill Levy Amount Values Actual Assessed WELD COUNTY 19.957 70.85 AGRICULTUR 12,237 3,550 SCHOOL DIST RE4 52.964 188.01 ---'-'---- NCH WATER 1.000 3.55 TOTAL 12,237 3,550 NWC WATER 0.000 0.00 POUDRE VALL FIRE 9.301 33.02 AIMS JUNIOR COL 6.328 22.46 WINDSOR LIBRARY 3.546 12.59 TAXES FOR 2004 93.096 330.48 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 TREASURERS 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) 363-3845 ext.3290 r'. Jul. 8. 2005 1 :45PM EA.&iH ENGINEERING CONSULTANTS No. 6803 P. 2 EEC EARTH ENGINEERING July 7,2005 CONSULTANTS, INc. Terra Firma Ventures. LLC P.O. Box 1245 Fort Collins, Colorado 80522-1245 Attn: Mr. Tim Halopoff, P.E. Re: Sketch Plan Groundwater Comments Eagle Ridge Estates Weld County, Colorado EEC Project No. 1052035 Mr. Halopoff: Our preliminary subsurface exploration report for the Eagle Ridge Estates development was submitted to your attention on April 8, 2005. A subsequent review was completed by the Colorado Geologic Survey(CGS) and their letter of May 23,2005, was referenced in the comments from Weld County. In general, the CGS comments indicated that care should be taken to evaluate groundwater conditions near the Cactus Hill Ditch prior to approving homes or septic systems constructed near that facility. In our geotechnical subsurface exploration report for this project, we also indicated that care would be needed to evaluate potential for perched groundwater above the sandstone bedrock caused from seepage from the Cactus Hill Ditch. Individual evaluations will be required for each of the homes and septic systems within the development with a variety of alternatives possible for dealing with perched groundwater. With significant fall across the site, including apparent fall of the sandstone bedrock to the west, french drain systems upslope of the appropriate residences could be considered, if needed. The potential impact of groundwater on site improvements might also be mitigated by appropriate location of the structures on the estate lots and finished grade elevations established within the building areas. Individual evaluations and adjustments should be made on a lot by lot basis. 4396 GREENFIELD DRIVE WINDSOR, COLORADO 80550 (970) 224-1522 FAX (970) 663-0282 Jul. 8. 2005 1 : 45PM EA,Q[H ENGINEERING CONSULTANTS No. 6803 P. 3 ,�. Earth Engineering Consultants,Inc. EEC Project No. 1052035 July 7,2005 Page 2 We appreciate the opportunity to be of service to you on this project. If you have any questions concerning the above information, or if we can be of further service to you in any other way, please do not hesitate to contact us. Very truly yours, Earth Engineering Consultants,Inc. �Tt r4O67 -� Lester L. Litton, P.B. Principal Engineer r 08/08/2005 08:30 FAX 970 491 9984 JR ENGINEERING ITh001/002 FAX TRANSMITTAL J•R ENGINEERING A Wertrian Company Date: d/M/or Company: W c.44? Cc tv-ri :Der....I:.. { itit\N.N/rrG 5,c. .1c a t Fax#: 920 , 3taq . (e !.1.gl Attention: S}Ne c Sn„rac.tc.M....�9eal C a".4 1.4 From: -Inv aiti7,.y l=S,atatoe....6... I'• C. Comments: a.E.G.A.A..Ai..n!!t C,&6.L.E._._Attie Che E. ._e. _£5.., 0u .L,eaeAX S .AY.r`.._....a2E t.IKQa A.ed..° 5.6,-t- m -nde Ca...u...nr.' ...(.- am,....ag.sai5.oit-C, 77-!.. s. C)UI r cf.At s. it..f._._._..S.ua..F..,ac+E 1....Rec. w.a,._._Wag- i .s , 'tc cc 5 srs tag..__..Aed7 imrn..f._4.s.g,. 0.1,•0 _.__... r ..x✓c. -I a1Ltdc+ .fia I.a..K. � c�y�._....t a..G.Cfl...-. _.4 F Mt 1S........._.... kett_T- ,PL., ..ett .t, Ca/S"t ° t.>A.T !�`+E t.N... .rt../..k.......... , F�s(•J!c a�u�J r / ,s The number of transmitted pages,including this cover page is 2 - If all pages are not received, please call. Hard copy mailed ❑Yes No The information contained in this facsimile is confidential and intended only for the use of the individual or entity to whom this cover sheet is addressed If the reader of this message is not the intended recipient or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that use, dissemination, distributions or copying of this communication is strictly prohibited If you have received this communication in error,please immediately not the transmitter by telephone. Job Number: 39 S'sa.oo Job Descriptor: CA a L.C le,o t. a es-r-vs-t This facsimile has been sent from: ❑ C� ❑ � 6020 Gemmed Plaza Boulevani 2620 Fao%Axel Road,Suite 190 4310 AnowcWe i Drive 12301 N.Gant Soot Suite 110 Greenwood Village,OO 8011 I Fort Collins,CO 80525 Colorado Sport CO 80907 Thornton,CO 80241 303-740-9393•Fax:303-721-9019 970491-9888•Fax:970-491-9984 719-593-2593•Fax:719-528-6613 720-872-9850•Fax:720-872-9853 08/08/2005 08:30 FAX 970 491 9984 JR ENGINEERING to 002/002 COON Van Sckem & Cuypers rap ATTORNEYS AT LAW CENTRE FOR ADC:LVCED TECHNOLOGY KENNETH C. WOLFE /008 CEVTRE.4 ttNL'E CHERYL LEE V.-IN.ICKERN FORT COLLINS, COtOR.ID080526 CHARLES CCYPERS August 2, 2005 Molly Sommerville, Esq. Woodrow & Sobel, P.C. 1660 Wynkoop Street, Suite 1100 Denver, Colorado 80202 Reference: Terra Firma Ventures LLC, a Colorado limited liability company Tender of Payment Dear Ms. Somemrville: Following up on our telephone conversation of Tuesday, August 2, 2005 I am sending you a cashier's check in the amount of$10,000 payable to Anadarko Land Corp. as consideration for the relinquishment and quit claim deed from the Anadarko entities with respect to the property owned by Terra Firma Ventures,LLC. Please forward the relinquishment and quit claim deed to our office for recording at your earliest opportunity. If you have any questions please call. Since y ours, Charles J. Cuypers cc: Terra Firma Ventures, LLC TELEPHONE 970 493-8787 FIX 970 493-8788 OFF/CE®!i'L'C-LI 6;CO:N Hello