The URL can be used to link to this page

Browse Search

Home My WebLink About20043341.tiff Cl,nal Todd Hodges Design, LLC Change of Zone Application Planned Unit Development (specific guide) Prepared for: P $ A Turkey Farms P.O. Box 22253 Denver, Colorado 80222 Prepared by: Todd Hodges Design, LLC 1269 North Cleveland Avenue Loveland, Colorado 80537 Submitted: EXHIBIT August I0, 2004 1 7 1269 North Cleveland Avenue • Loveland, Colorado 80537 • (970) 613-8556 • fax: (970)613-8775 email: toddhodgesdesign(aeanhlink.net 2004-3341 Todd Hodges Design, LLC Table of Contents 1. Change of Zone Application Form 2. Authorization Form 3. Evidence of Corporate Signature Rights 4. Response to Sketch Plan Staff and Referral Agency Comments 5. Specific Development Guide 6. Weld County Road Access Information Form 7. Deed 8. Reduced Change of Zone Plat 9. Surrounding Property Owner Listing 10. Draft Covenants 11. Mineral Affidavit 12. Evidence of Adequate Water Supply and County Attorney's Approval 13. Weld County Statement of Taxes 14. Change of Zone Plat, Attached 15. Drainage Design, Wohnrade Civil Engineers 6/7/04 16. Application Fee: $2,100.00 r-� 1269 North Cleveland Avenue • Loveland, Colorado 80537 • (970) 613-8556 • fax: (970)613-8775 email: toddhodgesdesignai earthlink.net PLANNED UNIT DEVELOPMENT (PUD) CHANGE OF ZCIKIY AtipSTRML FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT#/AMOUNT# /$ CASE#ASSIGNED: AUG 10 2004 APPLICATION RECEIVED BY PLANNER ASSIGNED: Application Submitted Not Deem', C ;Acts Parcel Number 0961 -36- 1 -00-076 RECEIVED (12 digit number-found on Tax I.D.information,obtainable at the Weld County Assessors 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 Part of the NE4 , Section 36 Township 05 North, Range 65 West Property Address (If Applicable) 25460 WCR 49 Existing Zone District: A Proposed Zone District: PUD Total Acreage: 126.186 Proposed#/Lots 9 Average Lot Size: An acres Minimum Lot Size: Mellacres Proposed Subdivision Name: Rideeview PUD Proposed Area (Acres) Open Space: Conservation Easement:101.106: Common Open Space:6.3tfl:Total: 107.641acres. Are you applying for Conceptual or Specific Guide? Conceptual Specific X FEE OWNER(S) OF THE PROPERTY(If additional space is required,attach an additional sheet) Name: P &A Turkey Farms, Inc. Work Phone#(303) 691-2400 Home Phone# N/A Email Address: Address: P.O.22253 City/State/Zip Code Denver, CO 80222 APPLICANT OR AUTHORIZED AGENT(See Below:Authorization must accompany applications signed by Authorized Agent) Name: Todd Hodges Design, LLC Work Phone#: (970)613-8556 Home Telephone#: N/A Email Address: toddodgesdesign(a)awest.net Address: 1269 North Cleveland Avenue City/State/Zip: Loveland, CO 80537 UTILITIES: Water: Central Weld County Water District Sewer: Individual Septic Disposal Systems Gas: Greeley Gas Electric:REA Phone: Qwest DISTRICTS: School: Kersey, RE-7 Weld County School District Fire: Platte Valley Fire Protection District Post: Greeley I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correct to the best of my(our)knowledge. Signatures of all fee owners of property must sign this application. If an Authorized Agent signs, a letter of authorization from all fee owners must be included with the application. If a corporation is the fee owner, notarized evidence must be included indicating the signatory has the legal authority to sign for the corporation. I(we),the undersigned,hereby request hearings before the Weld County Planning Commission and the Board of County Commissioners concerning the proposed Change of Zone for the above described unincorporated area of Weld County,Colorado: 410447Y • 2, 1424 trq Signat r Owner or Authorized Agent D to Signature: Owner or Authorized Agent Date P & A Turkey Farms, Inc. c/o Douglas A. Pluss P.O. Box 22253 Denver, Colorado 80222 To Whom it May Concern: Please be advised that I, Douglas A. Pluss, Vice President, hereby authorize Todd Hodges Design, LLC to represent P&A Turkey Farms, Inc., in my endeavor to subdivide a parcel of land located in the NE4 36-05-65 west of the 6th P.M., Weld County, Colorado. fn 214r1 oq Dougla . Pluss, Vice President date WRITTEN CONSENT OF THE BOARD OF DIRECTORS OF P & A TURREY FARMS, INC. WHEREAS, P& A Turkey Farms, Inc. (the "Corporation")is the owner of the real property located in the Northeast Quarter(NEI/4)of Section Thirty-six (36), Township Five North(T.5N.), Range Sixty-five West(It.65W.)of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado(the "Property"); and WHEREAS, the Corporation desires to implement a planned unit development that will create a non-urban residential subdivision consisting of nine single family lots (the "PUD"); and the Directors may, pursuant se y wri tten IV, Section 1 of the Bylaws of the Corporation, a meeting of the Board of Directors f all members nt gof hetBoard consent on that could the to in writing, and the written consent is filed with the minutes of proceedings of the Board; and WHEREAS, the Board of Directors desires to authorize the PUD and desires to authorize both the President of the Corporation, Sam Pluss, Jr., and the Vice President of the Corporation, Douglas A. Pluss, to execute all documents related to the PUD. NOW THEREFORE BE IT RESOLVED,that the Corporation is authorized to create the PUD; and FURTHER RESOLVED, that both Sam Pluss, Jr as the President of the Corporation, and Douglas A. Pluss, as the Vice President of the Corporation, are authorized to execute all documents related to the PUD; and FURTHER RESOLVED, that all documents related to the PUD need only be signed by one of the officers and it is not necessary for both officers to sign a doucrnent.. IN WITNESS WHEREOF the Board of Directors executes this Written Consent on the dates set forth next to each Director's name. uss, Jr. „air'''. O Ay //. Date: — James Ii. Pluss 9/y/s Date: 11 Dougl. A. Pluss q .v./4 Date: 'T Todd Hodges Design, LLC October 20,2004 Ms Michelle Martin,Planner Weld County Planning Services 918 10'°Street Greeley,CO 80631 RE: Ridgeview PUD Change of Zone,PZ-1050 Dear Ms Martin: Preliminary Staff Comments for the aforementioned Change of Zone list several Conditions of Approval and Development Standards. This letter serves the purpose of resolving many items. Condition IA4: Documentation regarding this issue was hand-delivered to you and Ms.Pam Smith with the Department of Public Health and Environment on October 5,2004. Condition IA5: Written evidence from Peter Schei dated October 8,2004 is attached to this letter. Condition 1A6: The lot line for Block 2 Lot 4 has been adjusted slightly to include the existing oiUgas structures in the open space. The Weld County Code does not list setbacks for this type of infrastructure per Estate Zone Bulk Requirements found in Section 23-3-400.L. Please refer to attached plat illustrating revised lot line and land use table. The small addition of acreage into the open space affect language in the preliminary staff comments in the request section,reasons for approval #2A1 and Condition 2A. Condition 1A7: Four existing agricultural and oil/gas accesses from WCR 52 and WCR 49 are illustrated on the Change of Zone plat. These access points are necessary to the existing agricultural,ditch and oil and gas operations,but will not be expanded or improved for residential use. We request that all 4 access points remain on the plat. This request is based solely on existing uses associated with the oil/gas operations,continued uses on the agricultural portions of the property and the request made in The Farmer's Reservoir and Irrigation Company(FRICO)referral for the sketch plan dated October 20,2003 requesting continued access to the ditch. In negotiations with Prima Oil and Gas to obtain a Surface Use Agreement,Prima has stipulated that all existing Oil and Gas access points must remain. In their referral dated September 20,2004,the Department of Public Works did not request removal of any access. We request that condition IA7 be deleted. Condition 1A8: The access to the residential structure located on block 2 Lot 2 is intended to remain until an access is available from Ridgeview Lane. We request the Condition lA8 be moved to a note on the plat as follows: "The existing residential access to the existing residential structure located on Block 2 Lot 2 from Weld County Road 49 shall be closed when access is available from Ridgeview Lane." Condition 1 A10: The school bus drop-off and pick-up area is delineated on the plat submitted with the Change of Zone application to the Department of Planning Services. The site is noted with a diamond symbol in the cul-de-sac. Please refer to the Legend for clarification. Condition 1B: A statement from the Weld County Treasurer indicating property taxes are current is attached. 1269 North Cleveland Avenue • Loveland, Colorado 80537 • (970) 613-8556 *Inv(970) 613-8775 email: toddhodgesdesign(a�earthlink.net Todd Hodges Design, LLC , Condition 1 C: The remaining issue with The FRICO outlined in a referral response dated 10/20/03 is to obtain discharge information. This information cannot be determined until the final drainage design has been completed. We request this condition be moved to be a requirement at the time of Final Plat application submittal,Item 4,as follows,"The final drainage design shall be submitted to The d Farmer's Reservoir and Irrigation Company for their information." Condition ID: The referral response dated September 22,2004 from Lin Dodge does not identify issues to be resolved. Therefore,this condition has been satisfied. Condition IF: The Division of Wildlife listed four items they would like to see addressed in their December 1, 2003 referral response. The issues of household pets and"nuisance animals"have been addressed in the Covenants,Article V,page5. The issue of noxious weeds and native species revegetation have been addressed in the Covenants,Article IV,Page 4 Revegetation and Weeds. Condition 2E; The condition provides that animals under one(1)year of age shall be included in the calculation for animal unit. This limitation would prevent offspring of existing animals from being raised on the property for any period of time. To allow for a natural cycle,we request that Condition 2E be amended to state: "A maximum of two(2)offspring,up to six(6)months old, shall be excluded from the calculation for Animal Unit." The covenants will be modified to be consistent with this condition. Item 2E,reasons for approval: The reasons for approval 2E state that"Public Works has not required sidewalk, curb and gutter for this development,since the developer has requested a gated community." This development is not requesting to be a gated community,therefore the statement is not applicable to this proposal or to public works referral dated September 20,2004. We request that the reference to the gated community be removed. We request that you remove/edit these conditions prior to printing final staff comments and mailing to Planning Commission members as the information contained in this letter negates the need for such Conditions. Please contact me at(970)613-8556 with any questions you may have and the action you will take on the issues addressed in this letter. Please email the final version of Staff Comments to me at your earliest convenience. My email address is toddhodgesdesignOhLwest.net. I have attached additional copies of the updated COZ plat for inclusion in the Planning Commission Packets. If you need any further information,don't hesitate to call. Thank you for your consideration of these items. Since ,........ • Todd A.Hodges,Princi Todd Hodges Design, LLC Pc: Doug Pluss,Ruth Becker Enclosures 1269 North Cleveland Avenue • Loveland, Colorado 80537 • (970) 613-8556 *fits-(970) 613-8775 entail: toddhodgesdesign(avearthlink.net Anne ,—,From: 'Todd Hodges"<toddhodges@gwest.net> To: <annejohnson@gwest.net> Sent: Monday, October 11, 2004 9:26 AM Subject: Fw: PZ-1050 Ridgeview PUD — Original Message— From: Mary Wohnrade To: Todd Hodges Sent: Friday, October 08, 2004 1:32 PM Subject: FW: PZ-1050 Ridgeview PUD Original Message From: Peter Schei [mailto:pschei@co.weld.co.us] Sent: Friday, October 08, 2004 1:20 PM To: mary@wcecivil.com Subject: PZ-1050 Ridgeview PUD 08-October-2004. Good Afternoon, Mary. The Public Works Department has accepted the drainage study for PZ-1050 Ridgeview PUD(Zone Change). ❑ The Drainage Design Considerations for Ridgeview PUD Change of Zone Submittal, dated August 6, 2004, by Wohnrade Civil Engineers,Inc is acceptable(Project Number: 0301.00-PAF). This is evidence to the Planning Department that the applicant/engineer has met Weld County criteria for drainage. The application may continue with out any concerns by Public Works. Peter Sobel, P.E., N.S.P.E. Public Works Department Weld County pschei@co.weld.co.us 10/11/2004 ./' . _ Todd Hodges Design, LLC September 27,2004 Weld County Planning Department Attn: Michelle Martin 918 10th Street Greeley, CO 80631 RE: Carriage Estate definition for Proposed Ridgeview PUD and existing residence address Dear Ms. Martin: As requested, this letter provides a definition for the term Carriage Estate as used in the application materials for the Ridgeview PUD Change of Zone application. Also, this letter is to advise you that the address for the existing residence located on the property is incorrect on the Change of Zone application sheet. The correct address is 24931 WCR 49. We have also given this information to Pam Smith at the Health Department. The intent of the Carriage Estate within the proposed PUD is to be consistent with the definition of auxiliary quarters in Section 23-1-90 of the Weld County Code with the exception of the 2.5 acre minimum lot size. It is not the intent to have a separate structure that would possibly require separate septic systems and/or water taps to service the use. The definition for"Carriage Estate" is as follows: A "Carriage Estate" consists of one (1) or more interconnected rooms permanently attached to or located within the Single-Family Dwelling. Such "Carriage Estate" shall be arranged, designed, used or intended for use as a complete independent living facility for one(1) family. All "Carriage Estates" shall comply with the following: a. The Carriage Estate may not be used on any basis as a rental. b. The use is subordinate in purpose, area or intensity and the occupants contribute to the needs of the occupants of the Single-Family Dwelling served. c. The gross floor area of the Single-Family Dwelling shall be no less than one thousand six hundred (1,600) square feet in size. d. The minimum gross floor area of the "Carriage Estate" shall be no less than three hundred (300) square feet in size, and the maximum shall not exceed fifty percent (50%) in size of the gross floor area of the Single-Family Dwelling, not to exceed one thousand (1,000) square feet in size. e. The "Carriage Estate" shall be attached by common roof and foundation. f. The "Carriage Estate" and the Single-Family Dwelling shall be connected by a party wall or shall not be separated by more than twice the width of the projected view of the shortest exterior wall of the "Carriage Estate". As the Carriage Estate definition does not allow for separate structures, septic systems or water taps, I trust you will not need to resend this application to referral agencies for additional comments. If you need any further information please contact me at your earliest convenience at the number below. I look forward to receiving any further staff comments on the application as soon as possible so that we may address them prior to the Planning Commission hearing. We understand that the Planning Commission hearing has been rescheduled to November 2, 2004, due to the delay in posting the sign on the property. Sind Todd A.Hodges ncipal Todd Hodges Design,LLC Cc: Doug Pluss, Ruth Becker 1269 North Cleveland Avenue •• Loveland, Colorado 80537 a (970) 613-89156 ot fax: (970) 613-8775 entail: toddhodeesdesign@earl/tlink.net Response to Staff& Referral Agency Sketch Plan Comments The following items address questions raised during review of the Sketch Plan application. 1. The Conservation Easement recorded August 19,2003 has been positively reviewed by Lee Morrison, County Attorney's Office. 2. The Kersey School District has worked closely with the applicant and representatives to address their needs. Two letters are attached. 3. The applicant has ageed upon the Avigation Easement Form. This Form has been signed and sent to the Airport Authority for their acceptance and signature. A copy of the Form signed by the applicant is included herein. 4. The United States Post Office has reviewed the applicant's request for single mailboxes. Correspondence is attached. 5. Correspondence with the Weld County Sheriff's Office is attached. 6. A Sketch Plan referral from Garden City is attached. 7. Correspondence regarding Garden City and the Colorado Oil and Gas Conservation Commission is attached. 8. Correspondence to the Poudre Valley Fire Protection District is attached. a. Correspondence from the Poudre Valley Fire Protection District is attached. b. Correspondence from TEC (Central Weld County Water District)is attached. 9. A Supplement to Geotechnical Engineering Report prepared by Terracon is attached. 10. The project engineer has been in contact with representatives of the Gilmore Canal/Ditch Company(FRICO)and will continue to work with them throughout the land use process. 11. Correspondence with Prima Oil and Gas Company is attached. Oil and gas setbacks outlined in the Estate Zone District will be maintained. The applicant's representative did meet Prima Oil and Gas on site in July, 2002. The 150-foot setback from the existing well heads and 200-foot setback from the tanks are illustrated on the attached plat. In addition, Mr. Gipson noted that all potential drill sites at this location have been drilled. To the best of his knowledge,no future drill sites will occur on this particular property. The Applicant has contacted Prima Oil and Gas on numerous occasions since receiving December, 2003 staff comments and referral responses. Prima has not identified concerns with the proposal or mitigation requests to date. 12. Correspondence with Surrounding Property Owners is attached. Identify Results ..... Page 1 of 2 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R1375002 Parcel#: 096136100076 Tax Area: 0738 Bordering County: Acres: 122.95 Township Range Section Quart. Sec. Subdivison_Name Block* Lot# 05 - 65 - 36 - 1 Owners Name&Address: Property Address: P&A TURKEY FARMS INC Street: WELD P O BOX 22253 City:WELD DENVER,CO 80222 Business/Complex: Sales Summary Sale Date Sale Price Deed Type Reception# $0 Legal Description NE4 36-5-65 EXC REC EXEMPT RE-2663 LOT A&LOT B (3.26R9.39D)SITUS: WELD Land Valuation Summary �-` Land Type Abst Code Unit of Number of Assessed , yP Measure Units Actual Value Value Agricultural 4117 Acres 37.5 Agricultural 4117 Acres 69.91 Agricultural 4117 Acres 8.54 Agricultural 4167 Acres 3 Agricultural 4147 Acres 4 Land Subtotal: 122.95 $28,625 $8,300 Buildings Valuation Summary Assessed Bldg# Property Type Actual Value Value 1 Residential 2 Out Building Improvements Subtotal: $151,767 $12,110 Total Property Value $180,392 $20,410 Building Details Account#: R1375002 Parcel#:096136100076 Owners Name&Address: Property Address: P&A TURKEY FARMS INC Street: WELD P O BOX 22253 City:WELD DENVER,CO 80222 Building# Property Type 1 Residential http://maps.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=09613... 08/17/2004 Identify Results A ► Page 2 of 2 Individual Built As Detail Built As: Ranch 1 Story Year Built: 1970 r' Exterior: Frame Masonry Veneer HVAC: Forced Air Interior Finish: Drywall Built As SQ Ft: 1645 #of Baths: 2 Roof Type: # of Bdrms: Roof Cover: Composition Shingle #of Stories: 1 Rooms: Units: 0 Garage: Attached SQ Ft: 680 Detached SQ Ft:Basement: Total SQ Ft: Finished SQ Ft: Account#: R1375002 Parcel#: 096136100076 Owners Name&Address: Property Address: P&A TURKEY FARMS INC Street: WELD P O BOX 22253 City: WELD DENVER, CO 80222 Building# Property Type 2 Out Building Individual Built As Detail Built As: Shed - Utility Year Built 0 Exterior: HVAC: None Interior Finish: Built As SQ Ft: 1 # of Baths: 0 Roof Type: #of Bdrms: 0 Roof Cover: #of Stories: 0 Rooms: 0 Units: 0 Garage: Attached SQ Ft Detached SQ Ft: Basement: Total SQ Ft: Finished SQ Ft: http://maps.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=09613... 08/17/2004 , Report Date: 07/09/2004 08:00AM WELD COUNTY TREASURER Page: 1 STATEMENT OF TAXES DUE SCHEDULE NO: R1374902 1-ASSESSED TO: P&A TURKEY FARMS INC P O BOX 22253 DENVER, CO 80222 LEGAL DESCRIPTION: PT NE4 36-5-65 LOT B REC EXEMPT RE-2663 (.37R)SITUS: WELD PARCEL: 096136100075 SITUS ADD: WELD TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE 2003 TAX 59.32 0.00 0.00 59.32 0.00 TOTAL TAXES 0.00 - GRAND TOTAL DUE GOOD THROUGH 07/09/2004 0.00 ORIGINAL TAX BILLING FOR 2003 TAX DISTRICT 0738 - Authority Mill Levy Amount Values Actual Assessed WELD COUNTY 21.474 17.17 AGRICULTUR 2,768 800 SCHOOL DIST RE7 34.569 27.65 NCW WATER 1.000 0.80 TOTAL 2,768 800 CCW WATER 0.871 0.70 CWC WATER 0.000 0.00 CCS WATER 3.850 3.08 PLATTE VALLEY FIRE 2.415 1.93 AIMS JUNIOR COL 6.322 5.06 WELD LIBRARY 3.249 2.60 WEST GREELEY CONSERVATION 0.414 0.33 TAXES FOR 2003 74.164 59.32 ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER rs OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES-AUGUST 1, REAL PROPERTY-AUGUST 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK. P.O. Box 458 Greeley, CO 80632 (970)353-3845 ext. 3290 WELD COUNTY TREASURER • Pursuant to the Weld County Subdivision Ordinance, the attached Statement(s) of Taxes Due, issued by 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. Signed Date 7/t/i 0 - Report Date: 07/09/2004 08:02AM WELD COUNTY TREASURER Page: 1 STATEMENT OF TAXES DUE SCHEDULE NO: R1375002 rASSESSED TO: P&A TURKEY FARMS INC P O BOX 22253 DENVER, CO 80222 LEGAL DESCRIPTION: NE4 36-5-65 EXC REC EXEMPT RE-2663 LOT A& LOT B (3.26R9.39D) SITUS: WELD PARCEL: 096136100076 SITUS ADD: WELD TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE 2003 TAX 1,513.68 0.00 0.00 1,513.68 0.00 TOTAL TAXES 0.00 GRAND TOTAL DUE GOOD THROUGH 07/09/2004 0.00 ORIGINAL TAX BILLING FOR 2003 TAX DISTRICT 0738 - Authority Mill Levy Amount Values Actual Assessed WELD COUNTY 21.474 438.28 AGRICULTUR 28,625 8,300 SCHOOL DIST RE7 34.569 705.55 AGRICULTUR 150 40 NCW WATER 1.000 20.41 AGRICULTUR 151,617 12,070 CCW WATER 0.871 17.78 CWC WATER 0.000 0.00 TOTAL 180,392 20,410 CCS WATER 3.850 78.58 PLATTE VALLEY FIRE 2.415 49.29 AIMS JUNIOR COL 6.322 129.03 WELD LIBRARY 3.249 66.31 WEST GREELEY CONSERVATION 0.414 8.45 TAXES FOR 2003 74.164 1,513.68 ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER .,..-....'OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES-AUGUST 1, REAL PROPERTY-AUGUST 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK. P.O. Box 458 Greeley, CO 80632 (970) 353-3845 ext. 3290 WELD COUNTY TREASURER Pursuant to the Weld County Subdivision Ordinance, the attached Statement(s) of Taxes Due, issued by 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. Signed :42...,.6 Date //Ot r1 Report Date: 07/09/2004 08:03AM WELD COUNTY TREASURER Page: 1 STATEMENT OF TAXES DUE SCHEDULE NO: R1374802 r'ASSESSED TO: P&A TURKEY FARMS INC P O BOX 22253 DENVER, CO 80222 LEGAL DESCRIPTION: PT NE4 36-5-65 LOT A REC EXEMPT RE-2663 (.51 R) SITUS: WELD PARCEL: 096136100074 SITUS ADD: WELD TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE 2003 TAX 43.76 0.00 0.00 43.76 0.00 TOTAL TAXES 0.00 GRAND TOTAL DUE GOOD THROUGH 07/09/2004 0.00 ORIGINAL TAX BILLING FOR 2003 TAX DISTRICT 0738 - Authority Mill Levy Amount Values Actual Assessed WELD COUNTY 21.474 12.68 AGRICULTUR 2,032 590 SCHOOL DIST RE7 34.569 20.40 NCW WATER 1.000 0.59 TOTAL 2,032 590 CCW WATER 0.871 0.51 CWC WATER 0.000 0.00 CCS WATER 3.850 2.27 PLATTE VALLEY FIRE 2.415 1.42 AIMS JUNIOR COL 6.322 3.73 WELD LIBRARY 3.249 1.92 WEST GREELEY CONSERVATION 0.414 0.24 TAXES FOR 2003 74.164 43.76 ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER /"OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES-AUGUST 1, REAL PROPERTY-AUGUST 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK. P.O. Box 458 Greeley, CO 80632 (970)353-3845 ext. 3290 WELD COUNTY TREASURER Pursuant to the Weld County Subdivision Ordinance, the attached Statement(s) of Taxes Due, issued by 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. Signed Pi/jIc-i, Dr, ‘ ,L, Date 7/P AL" Todd Hodges Design, LLC March 8,2004 Mr.Glenn McClain,Superintendent Mr. John Christman,Fleet Operation Supervisor Platte Valley School District,RE-7 PO Box 485 Kersey, CO 80644 RE: Ridgeview Planned Unit Development,Non-Urban Residential Development located in part of the NE4 Section 36,T5N,R65W of the 6'"P.M.,Weld County,Colorado Dear Mr.McClain and Mr.Christman: Thank you for your time this morning. I appreciate your willingness to work with us and or client during the planning process. This cooperation is a benefit we appreciate. We are preparing to submit the Change of Zone application to Weld County. The Ridgeview Planned Unit Development will propose Estate Lots located at the southwestern corner of the intersection of Weld County Roads 49 and 52. This property is currently at the western boundary of your transportation routes,and within one-quarter mile of your District boundary. Therefore,the bus will enter the subdivision and use the cul-de-sac for picking-up and dropping-off students consistent with requests made by the Kersey School District as early as August,2002. In this particular case,the cul-de- sac will be used as a turn-around. The bus delivery site will be located along the cul-de-sac between Lot 5,Block 1 and Lot 4,Block 2. The radius of the cul-de-sac will be at least fifty(50)fed. The entrance drive will be flared for the bus to stop in the entrance to deliver and pick up students in the event this development is no longer the westernmost development on your route. The safety of residents is of great importance. A statement will be placed in the Covenants indicating on- street parking of any vehicle,boat or RV is prohibited. Please contact me at your earliest convenience to discuss matters regarding this subdivision and adequate bus delivery. Your time and cooperation in this matter are greatly appreciated. We strive to be proactive in meeting the needs of referral agencies prior to submitting an application to Weld County Planning. I may be reached at(970)613-8556. Sincerely, Amur WJohns ., Anne Best Johnson,AICP Todd Hodges Design,LLC electronic copy: Todd A. Hodges,Doug Pluss,Ruth Becker King Surveyors 1269 North Cleveland Avenue • Loveland, Colorado 80537 • (970) 613-8556 • fax: (970)613-8775 email: toddhodgesdesign(thgwestnet tulle 9Jaiiey eSchoo/s WELD COUNTY DISTRICT RE7 P.O. BOX 485 - KERSEY, COLORADO 80644-970/336-6500- FAX 970/336-85 I I E.GLENN MCCLAIN,SUPERINTENDENT Todd A. Hodges 2412 Denby Court ,., ,; Ft. Collins, CO 80526 RE: P&A Turkey Farm Ck � r 4 t t rt *9.0 r 4 This prope ty s of the ern b a 11ey S'' -cool Disttict Weld RE-7. As a school dtstdct we vvbrt d l e for the l?Cts ielivery to to be at e eh o he cul-de-sac for this subdivision`3The construction, placem t� tena 62,y. ,• 1-de-sac is the responsibi ity of the property owner, bi`Hdme er':Assob_ yt `e bus will enter the subdivision and turn around in Abe cu1-de sac (5O'foot a Thekdistrict would also ask that motor homes,boats,etc not be arrcked ihthe l de-sat that would interfere s i -titus moving in the ea ` 1 pin d dp before school and delivered a chOolat this loo t o a �e�, if Ssto s required, st of the t ditch, a bukpull *at be needd� ` W , 'vest of t e trance and s' i of Weld CountyRo 9'`., :� c�:' `�: Also, all hb� mltfw�ould Fall into,the district ea+sh7.m4ltcu resolution at $750.00 per 6 a c a residence 4% i tv } 1' . ., c r Please keep in t *i the rstrtb`t scion and/or Join ristman,Fleet Operation Si ei ₹or 91211 p ocv.eed iln ev"elopment Sincerely, 7,': Merle Smith Business Services Director cc: Weld County Planning 3/ ivy John r� Sec jo Anne Tchnso)i 6 7a.m. k�. 211,472-0 S . . O Y - On/A Lib' �' Weld County Planning Department GREELEY OFFICE RUTH CORNFELD BECKER FEB 1 8 2004 ATTORNEY AT LAW 1122 Barberry Court RECEIVED Boulder,CO 80305 Telephone(303)554-6150 Fax(720)304-0020 rbeckerlaw@comcast.net February 13, 2004 Ms. Michelle Katyryniuk Weld County Department of Planning Services 1555 17th Avenue Greeley, CO 80631 Re: Ridgeview PUD (PK-1050) Dear Michelle: Enclosed please find a copy of the Right of Way Easement and License that was granted by The Farmers Reservoir and Irrigation Company to P &A Turkey Farms, Inc. in January, 2003 and recorded in the Weld County records on March 24, 2003 at Reception# 3044497. The agreement provides that P &A Turkey Farms, Inc. has the right to construct a bridge over the Gilmore Canal. This should satisfy your requirement for written documentation from the Gilmore Canal/FRICO for rights-of-way information. The remaining items on FRICO's referral will be addressed when grading and drainage plans are prepared. Please call me if you have any question about this agreement. Sincere�4yy yours, j' Ruth Cornfeld Becker 11111111111111I111 DIN II "!lll111111111111111111111 304µ97 0312412009 0314r Weld County, CO 1 of 5 R 26.00 D 0.00 Steve Moreno Clerk&Recorder RIGHT OF WAY EASEMENT AND LICENSE 497 THIS EASEMENT AND LICENSE made and entered into this ?j, day of January, 2003 by and between The Farmers Reservoir and Irrigation Company, a Colorado corporation, as First Party, and P & A Turkey Farms, Inc. , a Colorado corporation, as Second Party; WITNESSETH: THAT WHEREAS, First Party is the owner of that certain irrigation canal known as the Gilmore in Weld County, Colorado (the "Canal") ; and WHEREAS, Second Party desires to obtain the right to construct and maintain a bridge over and across the right of way of said canal at the general location shown on the drawing marked Exhibit A hereto attached and by this reference made a part hereof, located in the NE1/4, Section 36, Township 5 North, Range 65 West of the 6th P.M. , Weld County; and WHEREAS, First Party is willing to grant the easement and license desired by Second Party. NOW, THEREFORE, for good and valuable consideration, including the Second Party' s status as a shareholder of First Party, and the agreements of Second Party to be performed hereunder and upon the conditions and for the period herein stated, First Party does grant to Second Party, its successors and assigns, easements and licenses to construct, install, maintain, alter, repair, operate and remove a bridge over and across the strips of land which constitute a part of the rights of way of the canal hereinabove named at the general location referred to on Exhibit A. Second Party agrees not to commence construction of said bridge without having first provided First Party with specifications for the bridge, the specific crossing point, and obtaining First Party' s approval of the proposed bridge design, construction and location, which approval shall not be unreasonably withheld. Second Party further agrees not to commence construction of said bridge without first having obtained the consent and approval thereof of the Superintendent of First Party. It is understood that, if the First Party only owns an easement for Canal and Lateral rights of way or any part thereof at the locations described in Exhibit A, this instrument shall grant to Second Party only such rights as First Party may under such circumstances grant. r D0C - LICENSE AND EASEMENT AGREEMENT 1 • 1111111.111111111111111111111111111111111111111111111111 3044497 03/44/2003 03$4P N County, CO '2 of 5 R 26.00 DUO Steve Moreno Clerk 8 Recorder In constructing said bridge and thereafter in repairing, maintaining or removing same Second Party shall do so in such manner as not to damage said Canal and Laterals or the embankments thereof and so as not to interfere with the flow of water in said Canals and Laterals. Any and all excavations made shall be immediately leveled off, and any damage to the Canal and Laterals, embankments, fences, roads or other improvements shall be promptly repaired by Second Party at its sole cost to the satisfaction of First Party. Second Party agrees that it will at all times maintain said bridge and repair all damages therein and thereto at its own expense and further that, if, by reason of any damage in and to the bridge, injury to the properties of First Party is sustained, then Second Party will, with all due diligence, repair and replace such property of First Party in the same condition as the same was in prior to such damage in and to the said bridge and will pay any and all monetary damages resulting from such damage sustained or incurred by First Party or its stockholders or water users. Second Party further agrees that, if at any time the bridge causes any settling in the ditch embankments, the roads thereon, or any part of the ditch rights of way, it will, upon notification from First Party, immediately make all repairs required by First Party at Second Party's expense. Second Party further agrees to indemnify and save harmless First Party, its successors, assigns, employees, agents and stockholders on account of any damage or loss sustained by them or any of them arising by reason of laying, construction, maintenance or removal of said bridge. If in the future First Party should desire to enlarge, deepen or otherwise change or relocate said Canal and Laterals or to construct any other canal ditch or waterway on said Canal and Lateral rights of way or to do any other thing incident to the operation of said Canal and Laterals or any other portion of the irrigation system of First Party, then Second Party agrees, at Second Party's expense, with all due diligence, to change, relay and reconstruct its bridge so as to comply with such plans and specifications as First Party may prescribe as being necessary to permit the proper maintenance and operation of First Party' s irrigation system. Second Party agrees to protect First Party and save and hold it harmless from any and all third party claims and damages that said bridge and its operation, construction, maintenance and removal may directly or indirectly cause; and Second Party hereby releases First Party, its successors, assigns, employees, agents and stockholders from any and all claims and damages of whatsoever character to said bridge or other property of Second Party located in, along or across said Canal and Lateral rights of way arising out of either the operation or maintenance of said DOC - LICENSE AND EASEMENT AGREEMENT 2 i l Iill 1111101111111111 III UiliLIliiit Il11111 till lilt 3 of B R 26.00 0 0.00 Steve ,..oreno Clerk&Recorder Canal and Laterals or other portions of First Party's irrigation system or resulting from any other act either on the part of First Party or on the part of any Third Party. The rights of way herein granted to Second Party shall continue so long and only so long as Second Party, its successors and assigns, shall faithfully and promptly comply with the provisions herein stated. It is mutually understood and agreed that this agreement and all the terms and conditions hereof shall extend to and be binding upon the parties hereto, their successors and assigns. EXECUTED in duplicate the day and year first hereinabove written. FIRST PARTY: SERVO/R THE FARMERS RESE' D ION COMPANY, a Colorado corp r on Attest: IA- CORPORATE EAL z BY Je%-�/�-v"'""7 r S On Pete Roskol5, Pres dent S� re OCORADP STATE OF COLORADO, } }ss. COUNTY OF ADAMS } .The foregoing instrument was acknowledged before me this S's day of , 2003, by Pete Roskop as President and 1.60016EAW% as Secretary of The Farmers Reservoir and Irrig on Company, a Colorado corporation. Witness my hand and notarial seal. My commission expire . al1( �l�;;) . f_: 7 t...f .r::e[tta.recal6k D0C — LICENSE AND EASEMENT AGREEMENT 3 imi►i►Bii1111►111 liiiiiii►irniiiI ul1►►Iinil►1ii11i — 3044407 0312412003 03:54P We. minty, CO 4 of 5 R 20.00 D 0.00 Steve Moreno Clerk a Recorder SECOND PARTY: P & A TURKEY FARMS, INC. a Colorado corporation By= Sam Pluss, Jr. , P sident STATE OF COLORADO ) ss. COUNTY OF ) The fore oing instrument was acknowledged before me this /01-day of , 2003, by Sam Pluss, Jr, President of P&A Turkey Farms, Inc. , a Colorado corporation. Witness my hand and notarial seal. �1 My commission expires: 17/3/Aar, ::`PQ1 PUBLIC‘h` ASI2iank 0p t ti i_? ��Ntilt, .•: �Id Notary P is 0l • • e ° Ep i to "To' i i ,11�sgTe�0F GO__- ^. DOC - LICENSE AND EASEMENT AGREEMENT 4 111111 nhl 11111111111 III 111111 11111 III 1111 IIII IIII 3044497 03/21/2003 0&$4P aid Comity, CO 5 of 5 R 20.00 D 0.00 Steve Moreno Cleric&Recorder EXHIBIT A ...- TO RIGHT OF WAY EASEMENT AND LICENSE / omeStam MOW Gan\ / Port Of KOS mrcocotA'rriaiosz sn eow -- — --- -t- - - --- -- - 6l Il.ww UMfli aasc. swY aA-..w-wAe1,. I I Ig I I I I! I I I 1/2.27---- - I 1 1i if I I I ., I I 7Jro,.e,T I I P I I IIx I I I I x I Gent ea Loc.sx\io' cE I SCI C-0-SS. C 7 R.v I y '3 o I I N I 222:2071I 1101110.0 X ICYYYIY- ii atiottrante 1 / / OM WOW Ole I O �«4 ICY Y>Y CMS• IIN I I I Gana Ira!,:tona NNel1/4 I — DOC - LICENSE AND EASEMENT AGREEMENT 5 Rug 31 04 09: 38a Todd_Uodges Design, LLC 970-613-8775 p. 2 RUTH CORNFELD BECKER ATTORNEY AT LAW 1122 Barberry Court Boulder,CO 80305 Telephone(303)554-6150 Fax(720)304-0020 rbeckerlaw@comcast.net August 24, 2004 P &A Turkey Farms, Inc. c/o Mr. Doug Pluss 200 Spruce Street, Suite 200 Denver, CO 80230 Ms. Anne Johnson Todd Hodges Design, LLC 2412 Denby Court Fort Collins, CO 80526 Re: Avigation Easement Dear Doug and Anne: Enclosed is a copy of the Grant of Avigation Easement, signed by the Greeley— Weld County Airport Authority and recorded with Weld County. Sincerely yours, Ruth Cornfeld Becker Aug 31 04 09: 38a Todd�iodges Design, LLC 970-613-8775 p. 3 IIIIII 11111111111111111111111111 IIIIII III fit /III II11 RECORDER'S MEMORANDUM THIS DOCUMENT Wqg 3205455 0810312004 04:28P Weld County, CO TO BE INADEQUATE F 455 ORF0UND 1 of 7 R 36.00 D 0.00 Steve Moreno Clerk& Recorder SCANNING PURPOSES, GRANT OF AVIGATION EASEMENT The landowner, P & A Turkey Farms, Inc., a Colorado corporation, ("Grantor"), hereby grants and conveys to the Greeley Weld County Airport Authority, ("Grantee"), a body corporate and politic, within the County of Weld, State of Colorado, the following avigation easement: 1. The Grantor for good and valuable consideration does hereby grant to the Grantee, its successors, and assigns, a perpetual and assignable easement in and over that certain parcel of real property (the "Parcel") more particularly identified and described in Exhibit"A"attached to and made a part of this instrument, a right-of-way for the free and unrestricted passage and flight of aircraft in, through, across and about the airspace above an imaginary plane, as such plane is defined by Part 77 of the Federal Aviation Regulations, over said Parcel, as described below (the "Airspace")_ As used herein, the term aircraft shall mean any and all types of aircraft, whether now in existence or hereafter manufactured and developed, to include, but not limited to, jet aircraft, propeller driven aircraft, civil aircraft, military aircraft, commercial aircraft, helicopters and all types of aircraft or vehicles now in existence or hereafter developed, regardless of existing or future noise levels, for the purpose of transporting persons or property through the air, by whomsoever owned or operated. 2. The Airspace for avigation easement purposes above said Parcel consists of all air space above the imaginary plane described by Part 77 of the Federal Aviation Regulations. 3. The easement and right-of-way described in Paragraphs 1 and 2 includes but is not limited to: a. For the use and benefit of the Grantee, the public, and their assigns, guests and invitees or any and all firms, or corporations operating Aircraft to or from the Airport an easement and continuing right to fly, or cause or permit the flight by any and all persons or aircraft, subject to all local, state, or federal regulations, as now existing or hereafter enacted. In the event of any such violations of such local, state or federal regulations, Grantor and its transferees and assigns agree that the Airport shall not be liable to the Grantor, its transfercc0 and assigns for the manner in which the general public utilizes the easements granted herein; and b. The easement and right to cause or create, or permit or allow to be caused or created within the Airspace, such noise, dust, turbulence, vibration, illumination, air currents, fumes, exhaust, smoke and all other effects as may be inherent in the proper operation of aircraft, now known or hereafter used for navigation of or flight in air and specifically including the possibility that the noise at the property may be in excess of 1 r- Rug 31 04 ❑9: 38a Todd lodges Design, LLC 970-613-8775 P. 4 1111111111111111111111 II IIII mill III INN till 3206465 00/03/2004 04:28P Weld County, CO 2 of 7 R 36.00 D 0.00 Steve Moreno Clerk&Recorder the 65 LDN, maximum acceptable level set by the Federal Department of Housing and Urban Development and/or the Federal Aviation Administration, provided, however, that nothing in this Easement shall allow the operation of aircraft in a manner that violates any local, state or federal regulations, as now existing or hereafter enacted. In the event of any such violations Grantor and its transferees and assigns agree that the airport shall not be liable to the Grantor, its transferees and assigns for the manner in which the general public utilizes the easements granted herein; and c. The continuing and perpetual right to clear and keep clear the Airspace of any portions of buildings, structures, or improvements of any and all kinds, and of trees, vegetation, or other objects, including the right to remove or demolish those portions of such buildings, structures, improvements, trees or any other objects which extend into said Airspace and the right to cut to the ground level and remove any trees which extend into the Airspace; and d. The right to mark and light, or cause or require to be marked or lighted, as obstructions to air navigation, any and all buildings, structures, or other improvements, and trees or other objects now upon, or that in the future may be upon, said Parcel, and which extend into the Airspace; and e. The right of ingress to, passage within, and egress from said Parcel, solely for the above stated purposes. Grantee shall provide written notice to the current owners of the Parcel, of its intention to enter the Parcel for these purposes, at least 7 days prior to entry, except when emergency action is required. 4. Grantor, on behalf of itself, its successors and assigns hereby covenants with the Grantee, Greeley-Weld County Airport Authority, its successors and assigns as follows: a Grantor, for itself, its heirs, administrators, executors, successors, and assigns, does hereby agree that for and during the life of said easement and right-of-way, it will not hereafter erect, permit the erection or growth of, or permit or suffer to remain upon Grantor's Property any building, structure, tree or other object extending into the Airspace. b. Grantor, its successors, and assigns, shall not hereafter use or permit or suffer the use of Grantor's Property in such a manner as to create electrical interference with radio communication between any installation upon said airport and aircraft, or as to make it difficult for flyers to distinguish between airport lights and others, or to permit any use of the Grantor's land that causes a discharge of fumes, dust or smoke which would impair visibility in the vicinity of the airport or otherwise endanger the landing, taking off, or maneuvering of aircraft. 2 Aug 31 04 09: 38a Todd,,.kiodges Design, LLC 970-613-8775 P. 5 11011111111 111111111111 IIII Mil 111111 III MUM IIII 3205455 08/03/2004 04:28P Weld County, CD 3 or 7 R 36.00 D 0.00 Steve Moreno Clerk& Recorder 5. The easement and right-of-way herein granted shall be deemed both appurtenant to • and for the direct benefit of that real property which now or hereinafter constitutes the Greeley-Weld County Airport, and shall further be deemed in gross, being conveyed to the Grantee for the benefit of the Grantee, and any and all members of the general public who may use said easement or right-of-way, taking off from, landing upon, or operating such aircraft in or about the Greeley-Weld County Airport, or otherwise flying through said Airspace. Nothing in this Agreement shall be construed or interpreted to create liability in the Grantee for members of the general public using in the Airspace. 6. This grant of avigation easement shall not operate to deprive the Grantor, its successors or assigns, of any rights that it may otherwise have from time to time against any individual or private operator for negligent or unlawful operation of aircraft, 7. It is understood and agreed that these covenants and agreements run with the land and shall be binding upon the heirs, representatives, administrators, executives, successors, and assigns of the Grantor, and that for the purposes of this instrument, the Parcel shall be the servient easement and the Greeley-Weld County Airport shall be the dominant tenement. 8. The avigation easement, covenants and agreements described herein shall continue in effect until the last to occur of (1) the Greeley-Weld County Airport shall be abandoned or (2) all of the property currently used as the Greeley-Weld County Airport shall cease to be used for public airport purposes, at which time it shall terminate. 9. The parties shall be entitled to all remedies at law or in equity to enforce the terms of this Easement. 1 0.This avigation easement may be executed in any number of counterparts, each of which shall be deemed an original, and all of which shall constitute one and the same agreement. Dated this Zo day of 3-o,y, 2004. GRANTOR: / P &A Turkey Farms, Inc., a Colored rporation B • am Pluss, Jr., Presiden 3 Rug 31 04 09: 39a Todd_.{iodges Design, LLC 970-613-8775 p. 6 111111111111 II111 1111111 III' 11111111111 III 11111 IIII IIII 3205455 08/03/2004 04:28P Weld County, CO 4 of 7 R 36.00 D 0.00 Steve Moreno Clerk& Recorder STATE OF COLORADO }SS. COUNTY OF rn✓e_r} The foregoing instrument was acknowledged before me this G day of ?-J, k y , 2004, by Sam Pluss, Jr., President, P &A Turkey Farms, Inc., a Colorado corporation. Witness my hand and official seal. 1 �Q to1AE,:^.99 U My imission expires: • cg I e ajtO Notary Public ,445,'.4 OR COL--#N%ACCEPTANCE lycoambdon apheso4/152007 Greeley-Weld County Airport Authority, a body corporate and politic, of Weld County, State of Colorado, hereby accepts the above grant of avigation easement. Dated this `-jug day of CTULY , 2004. ��aa'#0 JJJJJJJ WY�A/ ''ay Greeley-Weld County Airport Authority .� �. o a 4,15,"00t7.9 Rr 9 c" a? BY hi'rz W SEAL '�� "''„stun nn,..%,„, 4 Aug 31 04 09: 39a Todd^Hodges Design, LLC 970-613-8775 p, 7 Lxi-visi t A PROPERTY DESCRIPTION A parcel of land being all that part of the Northeast Quarter(NEl/4)of Section Thirty-six(36), Township Five North(T.5N.),Range Sixth-five West(R.65 W.)of the Sixth Principal Meridian (6th P.M.),County of Weld,State of Colorado laying Easterly of the Ninety Foot(90')strip of land for the Gilmore Canal as currently constructed,said Gilmore Canal described within that Warranty Deed as recorded May 25, 1914 in Book 393 on Page 371 of the records of the Weld County Clerk and Recorder(WCCR),said document hereinafter referred to as Doc#l,and being more particularly described as follows: BEGINNING at the Northeast Corner of said Section 36 and assuming the East line of the NE 1/4 of said Section 36 as bearing South 00'38'03"East,being a Grid Bearing of the Colorado State Plane Coordinate System,North Zone,North American Datum 1983/92,a distance of 2622.76 feet with all other bearings contained herein relative thereto. From said point the North Quarter Corner of said Section 36 bears South 89'56'15"West a distance of 2637.85 feet: THENCE South 00'38'03"East along said East line a distance of 2622.76 feet to the East Quarter Corner of said Section 36; THENCE South 89'38'54"West along the South line of said NE I/4 a distance of 1231.06 feet to the East line of the aforesaid Doc#1 and being the beginning point of a curve. The aforesaid line being non-tangent to said curve; Thence along the Easterly line of the aforesaid Doc#1 by the following Twenty-three(23) courses and distances: THENCE along the Arc of a curve which is concave to the Southwest a distance of 216.08 feet, whose Radius is 562.87 feet,whose Delta is 21'59'41",and whose Long Chord bears North 36'31'38" West a distance of214.75 feet to the Point of Tangency WI); THENCE North 47'31'29"West a distance of 150.00 feet to a Point of Curvature(PC); THENCE along the Arc of a curve which is concave to the Northeast a distance of 192.96 feet, whose Radius is 1151.66 feet,whose Delta is 09'36'00",and whose Long Chord bears North 42'43'29" West a distance of 192.74 feet to the PT; THENCE North 37'55'29"West a distance of 250.00 feet to a PC; THENCE along the Arc of a curve which is concave to the Northeast a distance of 146.92 feet, whose Radius is 2004.26 feet,whose Delta is 04'12'00",and whose Long Chord bears North 35'49'29"West a distance of 146.89 feet to the PT; THENCE North 33'43'29"West a distance of 100.00 feet to a PC; THENCE along the Arc of a curve which is concave to the Southwest a distance of 221.26 feet, whose Radius is 437.14 feet,whose Delta is 29'00'00",and whose Long Chord bears North 48'1379" West a distance of 218.90 feet to the PT; THENCE North 62'43'29"West a distance of 100.00 feet to a PC: THENCE along the Arc of a curve which is concave to the Northeast a distance of 234.85 feet, whose Radius is 651.09 feet,whose Delta is 20'40'00",and whose Long Chord bears North 52'23'29"West a distance of233.58 feet to the PT; THENCE North 42'03'29"West a distance of 150.00 feet to a PC; THENCE along the Arc of a curve which is concave to the Northeast a distance of 185.34 feet, whose Radius is 530.96 feet,whose Delta is 20'00'00",and whose Long Chord bears North 32'03'29"West a distance of 184.40 feet to the PT: THENCE North 22'03'29"West a distance of 100.00 feet to a PC; THENCE along the Arc of a curve which is concave to the East a distance of 260.42 feet,whose Radius is 276.31 feet,whose Delta is 54'00'00",and whose Long Chord bears North 04'56'31" East a distance of 250.88 feet to a Point of Compound Curvature(FCC); THENCE along the Arc of a curve which is concave to the South a distance of 111.51 feet, whose Radius is 121.70 feet,whose Delta is 52'30'00",and whose Long Chord bears North 58'11'3 I" East a distance of 107.65 feet to the PT; Page 1 of 2 Property Description (continued) -411111111111111111111111111111111111111111111 AMI IIII .205455 OW03/2004 04:28P Weld County CO 5 of 7 R 36.00 1) 0.00 Steve Moreno Clerk& Recorder Aug 31 04 09: 39a Todd„jlodges Design, LLC 970-613-8775 p. 8 THENCE North 84'26'3I"East a distance of 300.00 feet to a PC; THENCE along the Arc of a curve which is concave to the South a distance of 131.67 feet, whose Radius is 301.77 feet,whose Delta is 25'00'00",and whose Long Chord bears South 83'03'29"East a distance of 130.63 feet to the PT; THENCE South 70'3329"East a distance of 450.00 feet to a PC; THENCE along the Arc of a curve which is concave to the North a distance of 399.27 feet, whose Radius is 340.42 feet,whose Delta is 67'12'00",and whose Long Chord bears North 75'50'31" East a distance of 376.77 feet to a PCC; THENCE along the Arc of a curve which is concave to the West a distance of 297.68 feet,whose Radius is 273.65 feet,whose Delta is 62'19'41",and whose Long Chord bears North I1'04'41" East a distance of 28322 feet to the PT; THENCE North 20'05'10"West a distance of 98.00 feet to a PC; THENCE along the Arc of a curve which is concave to the East a distance of 290.03 feet,whose Radius is 1221.88 feet,whose Delta isl3-36'00",and whose Long Chord bears North 13'17'10" West a distance of 289.35 feet to the PT; THENCE North 06'29'10"West a distance of 200.00 feet to a PC; THENCE along the Arc of a curve which is concave to the East a distance of 6.69 feet,whose Radius is 295.03 feet,whose Delta is 01'17'57",and whose Long Chord bears North 05'50'11" West a distance of 6.69 feet to the North line of said NE1/4; THENCE North 89'56'15"East along said North line and being a line non-tangent to the aforesaid curve a distance of 1277.43 feet to the POINT OF BEGINNING. Said described parcel of land contains 104.701 Acres,more or less(*)and is subject to any rights-of-way or other easements as granted or reserved by instruments of record or as now existing on said described parcel of land. SURVEYOR'S CERTIFICATE I,Charles B.Jones,a Colorado Registered Professional Land Surveyor do hereby state that this Property Description was prepared under my personal supervision and checking,and that it is true and correct to the best of my knowledge,information,belief,and in my professional opinion. Charles B.Jones Colorado Registered Professional Land Surveyor #22098 ICING SURVEYORS,INC. 9299 Eastman Park Drive Windsor,Colorado 80550 (970)686-5011 Project Number. 2001412 (January 8,2002) (File:bndry-al.txt) Page 2 of 2 I"M1111 11111 I MI IIII 11111111111 iii 11111 till IIII 3205455 08/03/2004 04:28P Weld County, CO 6 of 7 R 36.00 0 0.00 Steve Moreno Clerk& Recorder RIDGEVIEWPUD LAIANGE OF ZONE cn A PART OF THE NORTHEAST QUARTER OF SECTION 36,TOWNSHIP 5 NORTH,RANGE 65 WEST OF THE 6TH P.M•, a'I'm' 0-• COUNTY OF WELD,STATE OF COLORADO ran r-m• 1 Ent 11117-.=111=COll rra s IMa_ aM011 ...n J.Maoast.=�+t_._ / Cr rt-,mv ' r !K5f1"�« 1..1.rb M•r . r r rill: rn 9 WC."ELr �2 l�«`'Ii 'IS 1 rr� • w } ra r... a rn -41:-,1..-� arart sws...;Isawa i ' III 73awttgr-Lturar. 8 i In fAC5O, ��( W[TI(�/KT[LL'NIA I:i6 , ant Igl..eee v_1[SI ..a. It• th a..!. I r �IrrYYwa.p. O.a - •riks.rEvizr •m I 'Z�FI. . t ` ". _Yi ' .uTl �Leyi yFi,�. rl.+r��.�a� •\ •I T f'1 T rin 10 I Zjea.. • • [3sL u.�,r_ tt•,{s�i...�.. em :.-r 'r I: ' I• tl: I ) - N ••=4,511''4Lai. ngrcr' . ...wilt�ttri:.rw r. + Jed �1 rn N ". Italicised vins..PHDE Um ••-ri,:•�}F e E. .�.7�."SL.S,."'•dw•:.r«i:D.e`. ia / ,mom 4g Z. wyii.-- \ �� 11 IE �i�G[ IiaYililTri,Gl�rii-«LI� ~ / y ' ' .e3C9dt=='.:aiti=tYr"L:%.... I II Ii �� i� 9 •• is ; sx ;sr sa:riat� •_ Ilk iiiii J \I �� `r.r e. sJ'T�1 we,m., fier)auA�I J 4 C p p C11 C r.ar..ra.........• Art ! iii. el;1=. %Ili Lyra i VICINITY MAP 1,4000' ! CI ill I1 Q7- i natirr kulvenrilWrzirS a rW11.y:,...i�4.H mut «A pi= / , I,TY d...r...r.Maa.. . / C°�.wT�7Pl• iffaltlitta rM.� ,."i �' v irl'r "� N IF o �ff' m r•�.r?a: a 't.0; ..aaas� // tiiii �y .a. .r / i �`I �Lwl.«.rr......e.«.rrr. Fit �.iO�L��'L7C5aaT.gT. 1r..rernr+.e�ro p ri'L•',t`a ' "r.'.`aNan d'rr..'.'r..lalltA . C.�'k«^ra “"n.ra Ya �r'5....7� 1"da:?S..nr'.. ming g� mina 17. .•eri Mae .a.« .r'Lr7 T.�.•i L'S:.�Ssr.t Patav�- (pti�Np�L'`Y�7• o�.rw ' w' C3 r ."�"i...'.`..s.: .` S'r'7 .'itrot i t.....`...ra.... mamma �• ..ay.r NOW o..a mw v megf`z rF: y2,ii. ta»u`tir. =tai?:is rs.�wee..• •—t,�`. „�rre- s'r ' ar�csrr.' sr CI,v, .Y 1111111 11111 HIE11En IN 11111111111 III Illy Ill" 3205455 08/03/2004 04:28P Weld County, CO 7 of 7 R 36.00 0 0.00 Stave Moreno Clerk& Recorder 02/20/2004 10:30 97035373k8 GREELEV DT PAGE 01/02 u if04il "� •� Fax __Jn»ce 3olnrt to Rob t r Fax: q- 1 � ']`) perm '7758 none oar 2/2..c3/al R;Aa.e li ie v‘l F. •353 - ? 36 $ Q Urgent yi For Remove O nsa.Convent ❑Roaoo Rgly ores Recycle • • .e Comme�Ae: ) ) ') N m N 0 II II W a ulrnucnOrs Postal regulations require customers to provide and erect rural mailboxes which meet official standards. Please FOB help us provide you with better service by correcting any tMPtlttllO passim problems. HAIL POI < Box must be located so carrier can serve it ) /t without leaving the vehicle. _ The door needs attention and/or the handle is - - missing or broken, . v The bottom of your box must be 42 inches from . I— • /\ the road base. The approach to your box should be filled and W PAM no autapM Par /� properly d other and kept clear of snow, vehicles O. T. HOMO ItP7 flit I IPCtl PIGII 155 OARS The signal flag needs attention. j eoa°zr el TM�PpM * • \ . _ Your box is too far from the road. F: arnnT ItrtL I x The post must be of adequate strength and size, I Your box should be securely fastened to it's MIT •r OOP I, II LIMP as IN , support.own m I con OF y Your box should be made level and the post finely moat • /` planted. 1t� Bat numbers must be printed clearly on the box or 1 . 4 \ I DOsI- . • ' Whenever possible, boxes must be located so that m min ) . UM i AI the carrier can pull out of traffic to service the box.m m 7TFXST 6 Ill I Cr) OM selecting a new mailbox, please choose a size large in enough to hold most parcels you may receive. a, Your prompt attention to the repair of your box is m appreciated. We thank you in advance. m 0 • •- V I+ 0 0 I N I m N N 0 - -'C(: 03/12/2004 11:55 3033662570 REALTYFUNDINGCA PAGE 02 P & A Turkey Farms 6000 East Evans, Suite 210 Denver, Colorado 80222 March 10,2004 Mr. David Tuttle . Weld County Sheriffs Office 1950"0"Street Greeley, CO 80631 RE P &A Turkey Farms Conservation Easement and Ridgeview Planned Unit Development located south of and adjacent to Weld County Road 52 and west of and adjacent to Weld County Road 49. Dear Mr.Tuttle: P &A Turkey Farms is in the review process for a Planned Unit Development(Non-Urban)at the location mentioned above. In your Sketch Plan referral to the Weld County Department of Planning Services, several items were mentioned. I would like to address these items and how your concerns will be considered. My representatives at Todd Hodges Design, LLC met with Mr. Glenn McClain, Superintendent of the Kersey School District last week. The bus will enter the cul-de-sac to load and drop-off students. At the time when this location is not the last stop on the bus route,the bus will utilize the access drive into the subdivision to load and drop-off students. A shelter is not planned as the location of the bus stop is not conducive to a shelter. The Greeley post office has accepted individual locking mailboxes to be placed at each drive. The address will be clearly marked on each mailbox. We are negotiating a common drop box for the carrier to pick up mail at a common location. • Sidewalks are not applicable because this is a rural subdivision. The following items will be addressed in future applications. Your office will remain a referral entity through the Change of Zone and Final Plat planing processes: 1. The internal street name will be placed on the Change of Zone application plat. 2. Maintenance of any signs will be the responsibility of the Homeowners Association. 3. Future conversations with the oil and gas operator will include the idea of fencing on- site facilities. The ultimate decision to fence will be made by the operator. 4. Your office will receive a contact name and phone number for this subdivision upon completion through the Weld County Planning process. I would be happy to answer any questions you may have regarding our plans. Please feel free to contact meat(303)691-2400. • Sincerely, Do l A. Pins P A Turkey Farms 1269 North Cleveland Avenue Loveland, Colorado 80537/(970)613-8556 Letter of Transmittal Date: 13-Feb-04 To: Michelle Katyryniuk, Weld Planning Services Project: Ridgeview PUD, MK-1050 Via: X Fax (970) 304-6498 UPS Mail Overnight Pick Up Courier Hand Deliver We Transmit for your. Informatior X Files X Approval Correction X Signature Return X Number of Copies: 1 Number of Pages: 1, Including Transmittal Remarks: I spoke with Ed Dimatteo, Engineering Supervisor for the Colorado Oil Conservation Commission this morning. Mr. Dimatteo indicated if the Colorado Oil Conservation Commission did not respond to the Sketch Plan application, there were no conflicts. This Transmittal satifies that condition which stipulates verification must be provided prior Change of Zone application submittal. Please contact me, or Ed Dimatteo at (303) 894-2100 x 106 with questions. I woke with Jackie Wafter from Garden City yesterday. She indicated the Town has no conflict with the development and that she had faxed you. Were you able to send a new form to her? Please forward a copy to us at(970) 613-8775. Thank you. This condition has been met. FROM: Anne Best Johnson, AICP (970) 412-8640 Todd Hodges Design, LLC r • Wohnrade Civil Engineers, Inc. 2695 W.Eisenhower Blvd.,Suite 110 Loveland,Colorado 80538 Phone:970-667-4995,Fax:970-667-4984 April 12, 2004 Mr. Barry Shaffer Fire Chief Platte Valley Fire Protection District P.O. Box 15 Kersey, Colorado 80644 Subject: P&A Turkey Farm Non-Urban Residential Development located in the NE IA Section 36, T5N, R65W, Weld County, Colorado Dear Mr. Shaffer: On behalf of the Central Weld County Water District, Wohnrade Civil Engineers, Inc. would like to request an updated letter from the Platte Valley Fire District regarding fire flow status in the area of the referenced P&A Turkey Farm development (see attached Site Layout). A letter was previously prepared by your district in March 2001 for the same development project. A copy of this letter is enclosed for your reference. An engineering study of water flows was recently performed for eight taps located near the intersection of Weld County Road (WCR) 52 and WCR 49. The results of this study indicate that the available fire flow is 600 gpm at a 20 psi residual pressure. A letter summarizing the study results is attached for your review. Your March 4, 2001 letter indicated that at that time, the fire flow was also 600 gpm. It was then recommended that a fire hydrant be installed at the water storage tank. If this is to be your recommendation again, we would like clarification as to which storage tank you are referring. Is this the Kersey Tank (Tank—Zone 1)? In addition to the above request, we would like to get your concurrence on the number and locations of fire hydrants within the proposed development. We propose two fire hydrants: one at the entrance to the subdivision, and one at the south end of Ridgeview Lane. The waterline will be looped from WCR 52 south along Ridgeview Lane, then east to WCR 49. Ridgeview Land is approximately 640 feet in length. �-. Mr. Barry Shaffer Wohnrade Civil Engineers, Inc. Platte Valley Fire Protection District April 12, 2004 Please give me or Mary Wohnrade a call at (970) 667-4995 if you need clarification or have any questions regarding the enclosed material. Thank you in advance for your prompt response. Sincerely, Wohnrade Civil Engineers, Inc. S Mimi Somermeyer, P.E. Project Manager I •t� ' , • ri_ , , `S 3S3 - 3890 ooatBox;sr '. i ta,,,re trrtr,s aaaa tc«,at,. CO saw+ Fire & Rescue M r.: s9,o"°a ais March,2001 Platte Valley Fire Protection District 2071st Kale;CO 80644 tarWeld County Water, Concerning tic v•aaer Boni ate de ofthePlaMake;Faro,w be *nevi:mofsalruuaaefaea Ouwratoatdoo nalas supply t demode. od.I�in Rpm pit d�mrtttats+bawalrrshtadcrnodc.I =0rmond art the developer oftheP&ATurkeyKw Sail e&e) tn at the am*sScThis would Subitavd time aid provide madame n ersupply.If you have any questions please do not hesitate to cell Ihwtk you. dos h Salc.fert; 11 801 Fite Chief lr1oc� l' ' use JO 0, 4 4 I,JQ�u ` ^ n REM r.: 2 . ,«3 March 23.2004 FILE NC.).:04-002 • Central Weld County Water District 749 ' . 2235 Second Avenue I V,.) Greeley,CO 80631 (. iZ ATTN:Cody Wooldridge RE: P do A Turkey Farms Tap Requests Dear Cody: This request, for eight 5/8" taps, is located at the intersection of WCR 52 and WCR 49. The pro- posed taps would be served from the 8-inch line in WCR 49. The taps are in the Tank-1 Zone(Ker- sey Tank) where pressure is currently inadequate near the tank. This development falls just below the boundary for gravity service by Tank-1. An analysis was performed for the eight taps and for a maximum attainable tire flow. Recently, CWCWD has added an additional 2.8 MG storage tank at the Tank-1 site. In addition, the 3-inch PRV was replaced with an 8-inch PRV that supplies the system to the north. With the proposed taps, the computer model indicates that pressures in this area will range between 39 and 47 psi during inn day demands, and between 51 and 66 psi for average day demands. The available fire flow at the intersection of WCR 49 and 52 is 600 gpm at a 20 psi residual pressure. Based on this analysis, the system can serve these additional eight taps and meet the minimum pres- sure standards outlined by the current master plan. To increase the available lire flow would require the existing 8-inch waterline to he replaced with a l0-inch waterline from the tank to the turkey farm. With a 10-inch waterline,the available fire flow at the turkey farm would increase to 1,120 gpm at a 20 psi residual. If you have any questions or concerns regarding this evaluation,please do not hesitate to call. Sincerely. Eric A. Larson,P.E. Project Engineer The Engineering Co. wvwn.v,wocktiou R,get.o,uOnl'WUtES"W-Waridge.rnrwtq Fend: The Engineering Co•2310 East Prospect•Ft. Collins,CO 80525• Phone(970)484-7477• FAX(970)484-7488 Todd Hodges Design, LLC September 25, 2003 Mr.Dave Gipson,Facility Supervisor Prima Oil and Gas 24020 WCR 46 Lasalle, CO 80645 RE: Non-Urban Cluster Residential Development located in part of the NE4 Section 36,T5N, R65W of the 6e P.M.,Weld County, Colorado. ST Farm 36-11 located in the NE4NE4 36-5-65; WCR 49& 50,N3/4 W into Weld Co. ST Farm 36-6 located in the SEA NE4 36-5-65,WCR 49& 50,N3/4 into Weld Co. Dear Mr. Gipson: In August,2002,you and I met on the aforementioned site to discuss the conservation easement and any proposed on-site residential development. As discussed, anon-urban residential development of nine lots is now planned. These nine lots will be clustered together in the northeastern corner of the site, at the southwestern corner of the intersection of Weld County Roads 52 and 49. The remaining acreage will be placed in a perpetual conservation easement. A plat map has been included with this letter for you use. We discussed several items in August, as summarized below: 1. A 150 foot radius around the existing well head will be placed on all plats. This area will be designated as a"No-Build"area per Weld County Code. 2. All potential drill sites at this location have been drilled. To the best of your knowledge, no future drill sites will occur on this particular property. Thank you once again for your time and thoughtful consideration of this request. As always, please feel free to contact me with questions. I may be reached at(970)613-8556. Sincerely, al/P)11— Anne Best Johnson, Todd Hodges Design,LLC electronic copy: Todd A. Hodges,Doug Pluss 2412 Denby Court • Fort Collins, Colorado 80526 • (970) 207-0272 • fax: (561)828-8059 email: toddhodgesdesign(a?earthlinlcnet Ridgeview Planned Unit Development Specific Development Guide Introduction The Ridgeview Planned Unit Development (PUD) is non-urban as defined by the Weld County Code or otherwise proposed in this document. The project site is located west of and adjacent to Weld County Road 49, and south of and adjacent to WCR 52. According to maps recognized by the Weld County Department of Planning Services, the site is located outside the Urban Growth Boundaries for the communities of Evans, Kersey,Garden City and LaSalle. The general concept of Ridgeview PUD is to create a non-urban subdivision that provides for Estate, Open Space and Agricultural uses. An existing Conservation Easement has been established between the property owner and Colorado Open Lands. The 101.106-acre Conservation Easement (outlots B & C) will be deeded to the Homeowners Association. This entity shall determine the end use of the Conservation Easement under the stipulations identified in the actual binding document. The proposed zoning for Outlot A is PUD Open Space. The proposed zoning for Outlots B and C is PUD Agricultural. Of the entire site, a total of 101.106 acres or 80%of the total area is under the Conservation Easement. Another 6.535, or 5.91%, shall be Common Open Space located west of and adjacent to Block 1, Lots 1-5. Outlots B and C are currently under the Conservation Easement is in alfalfa production and may be converted to dryland grass species over time. Four (4) shares of Farmer's Reservoir and Irrigation Company are dedicated to Outlots B and C pursuant to the Conservation Easement binding document. Water will be provided to the Homeowners Association to accomplish this conversion without threat of weed invasion. An existing pivot sprinkler will also be transferred to the Homeowners Association for use on the property as necessary. The Ridgeview PUD consists of nine single-family estate lots ranging in size from 1.487 to 2.470 acres in size. Existing improvements located on Block 2,Lot 2 may be removed. These nine lots are proposed to have Estate zoning with limitations as outlined in the Covenants. Estate Zone District bulk requirements, with the exception of Animal Units as outlined in the draft Covenants attached, shall be followed. The layout and design of the PUD respects the surrounding agricultural land uses by clustering the proposed lots in the northeastern corner of the property. The proposed lots are compatible with surrounding property uses. Proposed land uses within the subdivision include single-family estate, agricultural, and open space uses. The specific architectural styles of the principal and accessory residential structures will be selected by the individual lot owners within standard limitations that will be outlined in the covenants. The proposed lots shall have the ability to have a "carriage estate" based on the uses allowed in the Weld County Code. The "carriage estate" is addressed in the preliminary draft of the covenants. The development of the site will be compatible with the architectural style of the surrounding land-uses and with the overall character of the area. Agricultural activities have been occurring on the site. The Right to Farm statement,as it appears in Chapter 22 of the Weld County Code will be placed on all recorded plats. By doing so, future residents of the subdivision will be aware of long-standing agricultural practices in the area. The applicant requests staff review at the time of Final Plat review. 1 Section 27-4-20.E.14. Initial impact plan addressing all impacts this use will have on the proposed site and surrounding land uses. A listing of potential impacts is cited in Section 27-6-30 of this Chapter. (SPECIFIC DEVELOPMENT GUIDE) Section 27-6-40. Component One—environmental impacts 1. Noise and vibration 2. Smoke, dust and odors 3. Heat, light and glare 4. Visual/aesthetic impacts 5. Electrical interference 6 Water pollution Development of this proposal should not result in any negative environmental impacts, including the above listed environmental concerns. As the use of the site will remain residential/estate, agricultural and open space, adverse impacts from noise and vibration, smoke, odors, heat, glare, visual impacts, electrical interference and water pollution will not occur on the site. The project engineer and the applicant have been in contact with representatives of the Gilmore Canal and Ditch Company. Correspondence has been included in application materials. 7. Wastewater disposal All wastewater disposal within this development will be through the use of individual septic systems. The proposed lot sizes within the subdivision have been designed to meet the density requirements of the Weld County Code and the Weld County Health Department, therefore no negative impacts are foreseen on this site. The overall density will be one septic system per 14.021 acres. All septic systems shall be designed according to individual lot characteristics. Upon removal of the existing home on proposed Block 2, Lot 2, the applicant shall submit documentation to the Weld County Department of Environmental Health regarding the abandonment of the existing septic system located on this proposed lot. The applicant reserves the right to reuse such system if it meets, or can meet current County regulations. 8 Wetland removal This proposal does not remove wetlands. If any wetland exists on-site, it would be located in Outlots B and C. 9. Erosion and sedimentation 10. Excavating,filling and grading 11. Drilling,ditching and dredging Any on-site grading, drilling, ditching or dredging will be done sympathetically. Erosion will be kept to a minimum. The common open space areas surrounding the residential lots will be planted in native and/or drought tolerant grasses and should not be disturbed with construction. A preliminary on-site drainage plan has been submitted with this application. 2 12. Air pollution �-. 13. Solid waste 14. Wildlfe removal 15. Natural vegetation removal This proposal will not result in negative impacts to the above listed concerns. The residential/estate/agricultural uses should not create negative impacts to air pollution or contribute to solid waste concerns. There will also be minimal removal of natural vegetation on the site. This proposal protects existing wildlife habitat on the site. The applicant met Jerry Aldredge on- site to discuss proper selection of drought-tolerant plant materials specific to the site. The applicant has received further information from the NRCS regarding the transition from alfalfa production to the potential dryland grass establishment on the Conservation Easement. The information provided by the West Greeley Soil Conservation District in a Sketch Plan referral dated October 21, 2003 will be used to best manage soils and activities on site. 16 Radiation/radioactive material To the applicant's knowledge,there are no radioactive materials located on this site. 17. Drinking water source The drinking water source is through Central Weld County Water District. This source currently serves the site. A "will-serve" letter from Central Weld Water District is included within the application submittal. County Attorney's approval of this letter and an updated letter from TEC Consultants dated March 23, 2004 are also attached. 18. Traffic impacts All residential lots will be served by an internal paved roadway which will limit the number of access points onto Weld County Road 52. Please refer to the attached change of zone plan. Any unforeseen traffic impacts resulting from the review of this proposal by the Weld County Public Works Department will be addressed in future application submittals. The internal street name has not changed since Sketch Plan submittal. Section 27-6-50 Component Two—service provision impacts 1. Schools 2. Law enforcement 3. Fire protection 4. Ambulance Service providers for this PUD include the Kersey RE-7 School District, Weld County law enforcement, and the Platte Valley Fire Protection District. In discussion with John Christman and Glenn McClain with the Kersey School District, the School District would like to enter the site for a safe turn-around until the time when this is not the last subdivision on the particular bus route. A flared entrance will be provided and illustrated on Final Plat engineering documents. Applicable cash-in-lieu of land dedication fees will be paid at the time established with the Kersey RE-7 School District. Items from review with the Weld County Sheriff's Department have been incorporated into the site design. Correspondence with the Platte Valley Fire Protection District is included with the application submittal documents. 3 A letter will be sent to the appropriate agencies, including the Post Office between the Change of �- Zone and Final Plat stages. Initial correspondence between the Post Office and the applicant is included with application materials. Location of signage and mailbox(es)will be noted on the final plat. 5. Transportation (including circulation and roadways) 6 Traffic impact analysis by registered professional engineer The internal roadway in the PUD is designed to meet the requirements of Chapters 24 and 26 of the Weld County Code. The vehicular circulation system is proposed to be paved. The width, depth of the roadway and the radius of the cul-de-sac has been designed to meet the Weld County Public Works standards and regulations. The internal roadway is proposed to be dedicated to the public and a roadway cross section will be included in future applications. The primary access to the subdivision is from Weld County Road 52, a local gravel road. No loading zones are proposed as the use will be residential. Additionally, no off-street parking areas have been depicted as the ample lot size will adequately accommodate residential parking needs. All existing access points illustrated on the Weld County Road Access Information Form as well as the attached Site Plan are crucial for the continuance of activities on site. These access points are historical and based upon the existing uses of the property. Each building permit issued on the property shall conform to the Weld County Road Impact Fee Program. 7. Storm drainage Storm drainage will be handled on-site. A Drainage Design report has been submitted with this application. Discharge will be addressed with the Final Plat application. 8. Utility provisions 9. Water provisions 10. Sewage disposal provisions The drinking water source is through Central Weld County Water District. All wastewater disposal within this development will be through the use of individual septic systems. Utility providers will have the standard easement dimensions of 20 feet on the sides and rear lot lines and 15 feet perimeter easement. A statement in the Home Owners Association covenants will be made regarding the use, ownership, distribution and intent of the irrigation water associated with the site. The existing pivot system will remain with Four (4) shares of Farmers Reservoir & Irrigation Company water dedicated for continuation of existing agricultural use or establishment and maintenance of thy-land grasses on the Conservation Easement currently under the pivot area. Section 27-6-60 Component Three—landscaping elements 1. Landscape plan 2. Treatment, buffering or screening and perimeter treatment Subdivision landscaping is not proposed at this time. Entry signage will be placed at the intersection of WCR 52 and Ridgeview Lane. Individual landscaping on each lot will be determined and maintained by the lot owner. A screening and/or buffering plan is not applicable to this project. 4 3. Maintenance schedule for landscaping elements 4. On-site improvements agreement 5. Evidence of adequate water The maintenance for all landscape improvements, if any, in the common open space area will be conducted by the homeowners association. All placed plant material will be maintained in a healthy state and any dead or dying plant material will be replaced at the earliest planting time possible. All plant species selected should be drought tolerant and should require minimal water usage. Landscape species should also be selected to adapt to the soil conditions of the site. Section 27-6-70 Component Four—site design 1. Unique features The topography of the site allows for sweeping views of the Front Range Mountains. Lot arrangement maximizes views. The Gilmore Canal and Ditch Company has a right-of-way for the existing ditch. The cluster design of the development utilizes the open space within the PUD as a buffer between the residential lots and these features. There are no other unique natural features existing solely within the proposed PUD. 2. PUD rezoning consistent with Chapter 22 of Weld County Code 22-2-60.A indicates, "Conserve agricultural land for agricultural purposes which foster the economic health and continuance of agriculture." The preservation of prime farmland is one of the primary goals of this application. The proposed PUD site is designated as "Prime" and "Irrigated, Not Prime" by the USDA Soil Conservation Service and Colorado State University Cooperative Extension Service. The portion of the property located east of the irrigation ditch is classified as"Prime." The other portion is classified as"Irrigated,Not Prime." The placement of the proposed lots and the Conservation Easement provides for the continuance of agricultural activities on site. The conversion from crop production to less water intense agricultural uses began with the transition to alfalfa and can continue with the possible drought tolerant grasses, as discussed previously. Appropriate amounts of water will be provided to accomplish this conversion without weed invasion. 22-2-60.C "Provide mechanisms for the division of land which is agriculturally zoned." 22-2- 60.C.3.e, "Encourage techniques and incentives such as easements, clusters, building envelopes and setbacks to minimize the impacts on surrounding agricultural land when conversion to another use occurs and to ensure the health, safety and welfare of the inhabitants of the County." A large portion of the property is in a Conservation Easement entered into by the applicant and Colorado Open Lands. By preserving and enhancing such a large proportion of the site, the applicant will indeed create a residential environment of distinct identity and character. The applicant has carefully considered the uses on-site, adjacent properties and the existing agricultural use of the property. An added benefit of the large amount of property in the Conservation Easement and the acreage in common open space is the buffering achieved between residential sites and adjacent agricultural land uses. 3. Compatibility within PUD zone district 4. Compatibility with surrounding land uses The existing design of the subdivision takes into consideration the existing uses of the surrounding properties and therefore provides a large buffer between residential uses, adjacent properties and the existing irrigation practices of the area. All recorded plats will include the Weld County Right to Farm, found in Appendix 22-E of the County Code. The bulk requirements of the Estate Zone District will be followed. The applicant proposes to adhere to 5 the Estate Zone District unless otherwise listed or noted in the change of zone application and/or covenants. It is also important to realize this project will be served by public water. Therefore, the standard minimum lot size served by public water is one(1)acre. Oil and gas setbacks outlined in the Estate Zone District will be maintained. The applicant's representative did meet Prima Oil and Gas on site in July, 2002. Evidence of this meeting has been included in application materials. The 150-foot setback from the existing well heads and 200-foot setback from the tanks are illustrated on the attached plat. In addition, Mr.Gipson noted that all potential drill sites at this location have been drilled. To the best of his knowledge, no future drill sites will occur on this particular property. The Applicant has contacted Prima Oil and Gas on numerous occasions since receiving December, 2003 staff comments and referral responses. Prima has not identified concerns with the proposal or mitigation requests to date. The applicant is working with mineral interest owner/operator toward a Surface Use Agreement. Should a Surface Use Agreement be unobtainable, interests will be protected through illustrated setbacks on the plat. 5. Overlay districts The site is in the Airport Overlay District. An Avigation Easement has been reached between the Airport Authority and the Applicant. This easement has been attached to this application. Section 27-6-80 Component Five—common open space usage The common open space areas within this subdivision are designed and proposed to be consistent with the requirements of Section 27-6-80 of the Weld County Code. 1. Permanent common open space restrictions 2. Establishment of homeowners organization 3. Mandatory membership in homeowners organization 4. Homeowners organization responsibilities 5. Homeowners organization powers 6 Ownership and maintenance of common open space 7. 15% common open space allocation The 15% Common Open Space requirement is no longer applicable to this particular proposal. However, the applicant is still proposing to exceed the prior requirements outlined in the Weld County Code. The 101.106-acre Conservation Facement (Outlets B & C) has been accepted by Colorado Open Lands. Of the entire site,a total of 101.106 acres or 80%of the total area is under the Conservation Facement. Another 6.369, or 5.91%,shall be Common Open Space(Outlot A). The percentage of land covered by Outlets A, B, and C greatly exceeds the 15% open space requirement in the Weld County Code. There are no public parks, schools or similar uses required or proposed to be dedicated with this development. The open space area will remain private and be maintained by the homeowners association. This development far exceeds the 15% requirement of the Weld County Code. Oil and Gas activities within the Conservation Easement area have been addressed per attached documentation with oil and gas operator. Oil and gas setbacks outlined in the Estate Zone District will be maintained. The applicant's representative did meet Prima Oil and Gas on site in July, 2002. Evidence of this meeting has been included in application materials. The 150-foot setback from the existing well head and 200-foot setback from the tanks are illustrated on the attached Change of Zone Plat. In addition, Mr. Gipson noted that all potential drill sites at this location have been drilled. To the best of his knowledge, no future drill sites will occur on this particular property. 6 Section 27-6-90 Component Six—signage All signage within this PUD will comply with the sign standards set forth in Section 27-6-90 and Division 6, Article II, Chapter 19 of the Weld County Code. A monument sign will be designed for the subdivision entrance located at the intersection of WCR 52 and Ridgeview Lane. Section 27-6-100 Component Seven—MUD impact Not-applicable: This proposal is not located within the Mixed Use Development Boundary as delineated by Weld County. Section 27-6-110 Component Eight—intergovernmental agreement impacts Not applicable: This proposal is not located within a standard Urban Growth Boundary or an Intergovernmental Agreement Urban Growth Boundary area. 7 Road Fie#: Date: RE# . Other Case ft Weld County Department of Public Works 111 H Street,P.O. Box 758. Greeley,Colorado 80632 Phone. (970)356-4000,Ext. 3750 Fax (970)304-6497 1 Applicant Name P & A Turkey Farms, Inc. Sam Pluss Phone 13031691-2400 Address P.O. Box 22253 city Denver Slate CO Zip 80222 2. Address or Location of Access SW Corner of WCRs 49 & 52 Section 36 Township 5 Range 65 Subdivision Block l nt Weld County Road#• 52 Side of Road South Distance from nearest intersection ApprOX. 1/8 milt 3. Is there an existing access to the property? Yes _X.. . No _-___ N of Accesses 5 4 Prop9sed Use. A Permanent NI ResidentialiAgricuftural J Industrial J Temporary S Subdivision J Commercial X Other Existing Oil and Gas Operations 5 Site Sketch -- E: AG Legend for Access Description: P. rential '..-`, AG = Agricultural E = Existing RES = Residential P = Proposed L., n2 V oat = od a Gas V D.R- = Ditch Road E: Residential o = Hou Approximate E: Ag & OG o = Shed Site Location E: Ag & OG For detailed information, see attached E: Ag Plat. NT CR 49 r---- .... M...--..MM.....M• OFFICE USE ONLY: Road ADT Date Accidents Dale Road ADT Dale Accidents Date Drainage RLength _..._........_ ... g Requirement Culvert Size Len, lh Special Condibons _ J Installation Authorized J Information Insufficient • Reviewed By. — -- -- Title: - 1111111IIIIIIIII111111111111 " 11 HIII11111IIIIIIII 3096990 08/19/2003 09:43h Weld County, CO 1 of 22 R 111.00 D 0.00 Steve Moreno Clerk& Recorder DEED OF CONSERVATION EASEMENT sso PLUSS PROPERTY Any time the Property is transferred by Grantor to any third party, Grantor shall pay a transfer fee of$100 to Grantee and notify Grantee pursuant to the requirements of Section 10 of this Deed. M THIS DEED OF CONSERVATION EASEMENT ("Deed") is granted on this t day of August, 2003, by P&A Turkey Farms, Inc., a Colorado corporation, whose address is 6000 E. Evans, Suite 210, P.O. Box 22253, Denver, CO 80222 ("Grantor"), to COLORADO OPEN LANDS, a Colorado non-profit corporation ("Grantee"), whose address is 274 Union Boulevard, Suite 320, Lakewood, CO 80228. RECITALS: A. Description of Property. Grantor is the owner of the fee simple interest in the subject Property legally described in Exhibit A attached hereto and made a part of this Deed and shown graphically on Exhibit B, which consists of approximately 101 acres of land, together with water rights associated with or appurtenant to the Property located in Weld County, State of Colorado (the "Property"). B. Qualified Organization. Grantee is a "qualified organization," as defined in §170(h) of the Internal Revenue Code and a charitable organization as required under §§38-30.5-104 (2), Colorado Revised Statutes (C.R.S.). C. Conservation Values. The Property is a parcel of land lying at the southwest corner of the junction of Weld County Roads 49 and 52. At the time of granting of this easement, Weld County Road 49 is a paved, well-traveled road and as such, the property is very visible to the public. The Property provides excellent views of the Front Range of the Rocky Mountains to members of the public that drive along County Road 49. The Property is comprised of approximately 79.6 'I- acres of irrigated land, and an additional 21.5 '/- acres of seasonally wet, untilled ground, slopes gently downward from east to west, and contains two oil wells at the time of granting of this Deed. Additionally, the Property is bisected by the Gilmore Ditch, which runs north to south through the Property. The Property offers several conservation values. Included among these is wildlife habitat in the southwestern portion of the Property that mule deer, coyote, eastern cottontail, red wing blackbird, magpie, ring-necked pheasant, western meadowlark and red-tailed hawk frequent. The seasonally wet nature of this southwest portion of the Property also provides potential habitat for deer mouse, prairie vole, meadow vole, house mouse and western harvest mouse, red fox, striped skunk and raccoon. The Property also offers scenic and open space resources associated with the views of the Rocky Mountains in the distance and the primarily open nature of the Property in a Pluss Deed of Conservation Easement Page I a 'd SLLB-ETS-OLS 311 `u2tsaj sa2poH ppol eOT :eo 170 TO daS I 11110111111111 �1110111111III1111111"' 11111IIIIIIII 3096990 08/19/2003 09:43A Weld CL...ty, CO 2 of 22 R 111.00 D 0.00 Steve Moreno Clerk & Recorder developing area. Finally, approximately sixty-five percent (65%) of the Property is classified as `Prime Farmland if Irrigated with an adequate supply of water.' At the time of granting of this Deed, the Property is in active agricultural use. Because of the high quality of the Property's soils, preservation of the agricultural values of the Property are therefore important both for the potential high productivity of the land, and the important role agriculture plays in the economic and social character of the local and regional community. However, Grantor may convert the Property to a non-agricultural condition, specifically native grasses. Because of the high scenic and open space values of the Property, such conversion will not reduce the conservation values, but rather continue to preserve and protect the agricultural soils for possible future reversion back to an agricultural use, and preserve the scenic and open space resources of the Property. In addition, if Grantor chooses to return the Property to native prairie, it will increase the wildlife habitat and resources of the Property. The Property is in an area experiencing growth. Development of the Property would contribute to the degradation of the scenic and historic character of the area. Preservation of the Property will be a valuable step towards preserving a regional landscape that attracts tourism and commerce to the area. It will also provide visual relief in the future from urban development. The conservation values set forth in this paragraph may hereinafter be collectively referred to as the"Conservation Values." These Conservation Values are of great importance to Grantor, the people of Weld County, Colorado, and the people of the State of Colorado. D. State Policy Concerning Conservation Easements. C.R.S. §§33-1-101, et seq., provides in relevant part that "it is the declared policy of the State of Colorado that the wildlife and their environment are to be protected, preserved, enhanced, and managed for the use, benefit, and enjoyment of the people of this state and its visitors." Additionally, C.R.S. §§35-3.5-101, et seq., provides in relevant part that "it is the declared policy of the State of Colorado to conserve, protect, and encourage the development and improvement of its agricultural land for the production of feed and other agricultural products." C.R.S. §§38-30.5-101, et seq., provides for the creation of conservation easements to maintain land "in a natural, scenic, or open condition, or for wildlife habitat, or for agricultural ... or other use or condition consistent with the protection of open land having wholesome environmental quality or life-sustaining ecological diversity." E. Weld County Supporting Government Policy. Chapter Four (4) of the Weld County Open Space Plan (the "Plan") dated Jun 1, 1996 discusses the role and function of open space in Weld County, and how preservation of open space offers a way to achieve multiple goals. Specifically, the Plan states "Open space can vary in character, function and size. In addition to protecting significant natural areas and buffers between communities, it provides recreational and environmental education opportunities and places to relax and enjoy nature." Recommendations of the Plan include but are not limited to "Appoint an Open Space Advisory Board," "Transfer Conservation Trust Funds the County has received to open space/trail acquisition," and "Provide additional funding from general fund on a project-by-project basis." Pluss Deed of Conservation Easement Page 2 r-. E 'd SLL8-Et9-01.6 011 'u9tsaQ se poH ppol eOI 8❑ b0 t0 day • 111111 11111 IIII 111111111111111111►.411111111 IIII IIII 3096990 08/19/2003 09:43A Wel._aunty, CO . 3 of 22 R 111.00 C 0.00 Steve Moreno Clerk& Recorder Goal A.1. of the Weld County Comprehensive Plan dated March 25, 1999 is to "Preserve prime farmland for agricultural purposes which foster the economic health and continuance of agriculture," while Goal A.8. is that"Water currently associated with a farm or rural unit of land should be retained for agricultural uses." F. Documentation of Present Conditions. The Conservation Values and the characteristics, current use, and status of improvements on and development of the Property of the date of this Deed are further documented in a " Present Conditions Report," dated January, 2003 and prepared by ERO Resources Corporation, which report is acknowledged as accurate by Grantor and Grantee. The Present Conditions Report has been provided to both parties and will be used by Grantee to assure that any future changes in the use of the Property will be consistent with the terms of this Deed. However, the Present Conditions Report is not intended to preclude the use of other evidence to establish the present condition of the Property if there is a controversy over its use. G. Charitable Donation. Grantor intends to create a conservation easement under Article 30.5 of Title 38, Colorado Revised Statutes, and hereby makes a charitable gift of the property interest conveyed by this Deed to Grantee. ACKNOWLEDGEMENT OF INTENT: As a guide to the interpretation of this Deed and administration of the Conservation Easement ("Easement") created by this Deed by future generations, Grantor and Grantee, for themselves, and for their successors and assigns, herein expressly declare their agreement and dedication to the following purpose and intent: 1. Purpose. The purpose (the"Purpose") of this Easement is to preserve and protect in perpetuity the Conservation Values of the Property. This Purpose is in accordance with §170(h) of the Internal Revenue Code. In order to achieve this Purpose, Grantor intends to convey this Deed to Grantee to ensure that the Conservation Values of the Property will be preserved and protected forever. 2. Intent. Subject only to the Purpose set forth above, the intent of the parties is to permit all other uses of the Property which are not inconsistent with the preservation and protection of the Conservation Values as determined by Grantee in its sole discretion and which are not expressly prohibited herein. Nothing in this Deed is intended to compel a specific use of the Property, such as agriculture. This Deed is intended to preserve and protect the Conservation Values of the Property. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, Grantor and Grantee mutually agree as follows: 1. Conveyance of Easement. Grantor voluntarily grants and conveys to Grantee and Grantee voluntarily accepts, a perpetual Conservation Easement in gross, an immediately vested Pluss Deed of Conservation Easement Page 3 t• 'd SLLB-E19-ot6 311 `u2Tsaa sa2poH ppol e0t :B0 b0 10 daS 1111111 111 111111 MC III Illt►► 111111N VIII 3096990 08/19/2003 09:43A Weld .only, CO • 4 of 22 R 111.00 0 0.00 Steve Moreno Clerk & Recorder interest in real property defined by C.R.S. §§38-30.5-101, e1 seq., and of the nature and character described in this Deed, for the purpose of preserving and protecting the Conservation Values of the Property in perpetuity. 2. Rights of Grantee. To accomplish the Purpose of this Easement the following rights are hereby conveyed to Grantee, its employees and its representatives: A. To preserve and protect the Conservation Values of the Property; B. To enter upon the Property at reasonable times in order to monitor Grantor's compliance with and otherwise enforce the terms of this Easement; provided that, except in cases where Grantee determines that immediate entry is required pursuant to those provisions in Section 8, such entry shall be upon prior reasonable notice to Grantor, and Grantee shall not unreasonably interfere with Grantor's use and quiet enjoyment of the Property; C. To prevent any activity on or use of the Property that is inconsistent with the Purpose of this Easement and, except as limited by Section 7 below, Grantee may require the restoration of such areas or features of the Property that may be damaged by an inconsistent activity or use; and Nothing in this section shall preclude the right of Grantee to enforce the preservation and protection of the Conservation Values of the Property or any other provisions of this Deed. 3. Rights Retained by Grantor. Grantor retains the right to perform any act not specifically prohibited or restricted by this Easement. These ownership rights include, but are not limited to, the retention of the economic viability of the Property provided that such acts and uses are not inconsistent with the preservation and protection of the Conservation Values. 4. Property Improvements. The parties agree that the current use of and improvements to the Property are not inconsistent with the preservation and protection of the Conservation Values and are permitted. Without limiting the generality of any of the foregoing, Grantor and Grantee hereby acknowledge and agree: A. Construction of Improvements. The construction or reconstruction of any improvement, except those existing on the date of this Deed, is prohibited except as described below. Any other improvements are prohibited unless Grantee determines in its sole discretion that the proposed construction is not inconsistent with the preservation and protection of the Conservation Values. (1) New Improvements Construction. a. Residential Improvements. At the time of the granting of this Easement, no residential structures exist on the Property and no residential structures may be constructed on the Property after the date Pluss Deed of Conservation Easement Page 4 • S 'd 51.1-13-E T9-0(.6 0J ] 'u2Tsa0 se2poH ppol 8TI :80 40 I0 daS • • 11111111111 IIII 111111111111111 III01 III 11111 IIII IIII 3096990 08/19/2003 09:43A Welu county, CO 5 of 22 R 111.00 D 0.00 Steve Moreno Clerk & Recorder hereof b. Agricultural Improvements. At the time of the granting of this Easement, no agricultural structures exist on the Property and no agricultural structures may be constructed on the Property after the date hereof. Notwithstanding the foregoing, new minor, unenclosed agricultural improvements such as corrals, loafing sheds, hayracks, or stock tanks may be constructed on the Property without permission of Grantee. Grantor may maintain, repair, and replace new agricultural improvements in the same location without further permission of the Grantee. In the event of replacement, Grantor shall notify Grantee so that its records may be updated. (2) Other Improvements. a. Road Construction and Paving. No roads or driveways shall be constructed or established except for those existing roads or driveways depicted on Exhibit B. The paving or otherwise surfacing of roads or driveways with concrete, asphalt, or any other impervious paving material is prohibited unless Grantee determines that said surfacing is not inconsistent with the preservation and protection of the Conservation Values. b. Fences. Existing fences may be repaired and replaced, and new fences may be built anywhere on the Property for purposes of reasonable and customary management of livestock and wildlife not inconsistent with the preservation and protection of the Conservation Values without any further permission of Grantee. c. Utilities. Existing utilities may be repaired and replaced in the same location with a similar structure without any further permission of Grantee. Grantor may install new utility lines or relocate existing utility lines provided such new or relocated utility lines shall be installed underground in the new or existing roads or driveways as depicted on Exhibit B. Additional utility lines or the relocation or significant upgrading of existing utility lines may be approved by Grantee if Grantee determines said utility lines are not inconsistent with the preservation and protection of the Conservation Values. d. Billboards and Signs. Signs existing on the Property at the time of execution of this Deed are permitted and may be replaced with signs similar in character. Grantor will not construct, maintain, or erect any signs or billboards on the Property that are inconsistent with the preservation and protection of the Conservation Values. Pluss Deed of Conservation Easement Page 5 • 9 'd Stt8-EI9-01.6 311 `u2tsaa sa2poH ppol eTT :80 vu TO des 111111111111 liii 1111111 IHii iii dliii iii 11111 liii �Hi • 3096990 08/19/2003 09:43A Weld County, CO 6 of 22 R 111.00 D 0.00 Steve Moreno Clerk& Recorder e. Trails. Grantor may construct soft surface trails on the Property to be used for permitted recreational uses as described in Section 5D, so long as all trails are located outside of wetland areas. Grantee acknowledges that a trail around the perimeter of the Property, except through any wetland areas, shall not be inconsistent with the Conservation Values for the Property. If Grantor desires to locate other trails on the Property, Grantor shall submit proposed locations for trails to Grantee for approval prior to constructing such trails. Grantee's approval shall not be unreasonably withheld, conditioned, or delayed. Should more than 30 days elapse after Grantee's receipt of such written notice from Grantor without any response from Grantee, the construction of footpaths shall be deemed approved. • f. Bridge. Grantor may construct a bridge across the Gilmore Canal to provide access for non-motorized vehicles, pedestrians and equestrians, provided that the bridge is not greater than five (5) feet in width, unless otherwise agreed by Grantee, and is not located within any wetland area on the Property. 5. Resource Management. Grantor recognizes the importance of good resource management and stewardship to preserve and protect the Conservation Values. To this end, the following uses of the Property shall be conducted in accordance with the provisions below. In the event Grantee believes any resource management practice(s) are not consistent with the preservation and protection of the Conservation Values, Grantee may request that Grantor and Grantee shall, at Grantor's expense, consult with a mutually agreed upon conservation professional. This professional will provide written recommendations for said resource management practice(s) not inconsistent with the preservation and protection of the Conservation Values. A. Agriculture The Property shall be managed to prevent overgrazing by livestock and soil erosion. B. Timber. Timber harvesting is prohibited except as set forth below. On a limited and localized basis, trees may be cut to control insects and disease, to control invasive non-native species, to prevent personal injury and property damage, and for domestic uses on the Property such as firewood and construction of permitted buildings and fences. Tree thinning activities may take place to maintain the character and nature of the habitat. Timber harvesting other than the foregoing on the Property shall be conducted in substantial accordance with a forest management plan prepared at Grantor's expense, approved by Grantee, by a professional forester. C. Mining. Grantor shall be prohibited from the exploration, mining or extraction of minerals, fossil fuels, rock or soil. Grantee acknowledges that the minerals Pluss Deed of Conservation Easement Page 6 L 'd SLLB-EIS-OLS 011 `u2Tsan sa9poH ppol BTT :80 1,0 TO daS (111111111 IIll 111111111111 III lilt►.' III IF!! 1111IIII 1196990 08/19/2003 09:43A Weld bounty, CO 7 of 22 R 111.00 D 0.00 Steve Moreno Clerk& Recorder have been severed from the Property and Grantor does not have control over the activities of the owners of the mineral interests. Notwithstanding anything in the section above to the contrary, soil, sand, gravel or rock may be extracted without further permission from the Grantee so long as such extraction is solely for use on the Property, is in conjunction with activities permitted herein, is accomplished in a manner that is consistent with the Conservation Values expressed in this Easement, and is extracted using methods of mining that may have limited, localized impact on the real property but that are not irremediably destructive of significant conservation interests. The foregoing described extraction shall not disturb more than one acre of the Property. Grantee acknowledges that there are two oil wells existing on the Property that as constructed as of the date of this Easement have minimal impact on the open space and wildlife habitat Conservation Values and that the Colorado Oil and Gas Conservation Commission regulations do not currently allow placement of additional wells on the Property. Grantee acknowledges also that the owner of the minerals appurtenant to the Property (the"Mineral Owner") may have the right to pursue development of additional wells on the Property, subject to the regulations of the Colorado Oil and Gas Conservation Commission if such development should become permissible pursuant to State regulations in the future. Grantee further acknowledges the development of additional oil wells on the Property, may have an impact on the wildlife Conservation Values, but Grantee does not believe this impact to be inconsistent with the overall preservation and protection of the open space Conservation Values. Grantor shall provide notice to Grantee if the Mineral Owner notifies Grantor of its intent to pursue further development of other oil or gas wells on the Property. D. Recreation. Golf courses are prohibited on the Property. Those low impact recreational uses such as bird watching, hiking, cross country skiing, horseback riding, mountain biking, dog walking, hunting and fishing not inconsistent with the preservation and protection of the Conservation Values are permitted. Other buildings and facilities for any other public or private recreational use may only be built on the Property in accordance with Section 4.A., and then only in a manner that is consistent with the preservation and protection of the Conservation Values of the Property except that use of the Property for more than "de minimis" commercial recreation activity is prohibited. The term "de minimis" shall have the meaning as set forth in §2031 (c)(8)(B) of the United States Internal Revenue Code and the Treasury regulations adopted pursuant thereto. E. Water. The Property subject to this Easement includes certain decreed and undecreed water rights, ditches and ditch rights, springs and spring rights, reservoir and reservoir rights, wells and groundwater rights, and any other types of rights related to the ownership of water, tributary, non-tributary and not non-tributary, appurtenant to or customarily or historically used or associated with or upon the Property, together with any and all of the rights associated with the historical and beneficial use of any of the embankments, flumes, headgates, measuring devices or any other structures that are appurtenant to those water rights, along with all easements and rights of way therefor. Grantor and Grantee agree that a portion of these water rights (collectively, the "Dedicated Water Rights") must be maintained on the Property to insure the minimum .-. Pluss Deed ofConservafloe Easement Page 7 B •d SLLB-EIS-OLB all 6u2Tsaa se poH ppol eaT :60 40 TO des 11111111111IIII111111111111III 111111► ill1111111111111 3096990 08/1912003 09:43A Weld L_.aty, CO B of 22 R 111.00 0 0.00 Steve Moreno Clerk & Recorder level of preservation and protection of the scenic, open space and wildlife Conservation Values. The Dedicated Water Rights are described in Exhibit C attached hereto and made a part of this deed. Grantor shall not transfer, encumber, sell, lease or otherwise separate from the Property, or change the historic use of the Dedicated Water Rights without the prior written consent of and determination by Grantor that such transfer, encumbrance, sale, lease or other change is not inconsistent with the preservation and protection of the Conservation Values. Water Rights appurtenant to the Property that are not Dedicated Water Rights are not subject to this Easement. If Grantor shall fail to maintain the historic use of the Dedicated Water Rights upon the Property, or those rights necessary to preserve and protect the Conservation Values of the Property, Grantee shall have the right, but not the obligation, to enter upon the Property and undertake any and all actions reasonably necessary to continue the historic use of the Dedicated Water Rights in order to preserve and protect the Conservation Values of the Property. Grantor shall not abandon or allow the abandonment of, by action or inaction, any of the Dedicated Water Rights. If the Dedicated Water Rights are under threat of abandonment, Grantor shall convey ownership of said Dedicated Water Rights to Grantee and Grantee shall have the right to use the Dedicated Water Rights for beneficial conservation purposes on the Property. If it is not feasible to use the Dedicated Water Rights on the Property, Grantee may use the Dedicated Water Rights elsewhere in Weld County or otherwise consistent with Grantee's mission. In addition, Grantor shall otherwise cooperate with Grantee to help assure the continued use of the Dedicated Water Rights for beneficial conservation purposes. Grantee acknowledges that Grantor makes no guaranty or representation as to the actual amount of water the Dedicated Water Rights will deliver to the Property in any given year. 6. Restricted Practices. A. Subdivision. The division or subdivision of the Property into two or more parcels of land is prohibited and the Property may only be conveyed as a single, 100-acre legal parcel. Notwithstanding the foregoing, the Property or description of the Property presently identifies and includes more than one legal parcel; however, said parcels shall be treated as one legal parcel and one Conservation Easement that shall remain under one ownership. B. Commercial or Industrial Activity. Commercial or industrial uses inconsistent with the preservation and protection of the Conservation Values of this Deed are expressly prohibited. C. Feed Lot. The establishment or maintenance of a feed lot is prohibited. For purposes of this Deed, "feed lot" is defined as a permanently constructed confined area or facility within which the Property is not grazed or cropped annually, and which is Pluss Deed of Conservation Easement Page 8 6 'd SLLB-ETS-OL6 311 `u9isen sa2poH ppol BET :80 b❑ TO d0S 1 111111 111111111 111111111111 ill II1 I III 1111111111111 3096990 08/19/2003 09:43A Welt ,unty, CO , 9 of 22 R 111.00 D 0.00 Steve Moreno Clerk& Recorder used and maintained for purposes of feeding livestock. Nothing in this section shall prevent Grantor from seasonally confining livestock into an area for feeding, or from leasing pasture for the grazing of livestock owned by others. D. Public Access. Nothing contained herein shall be construed as affording the public access to any portion of the Property, although Grantor may permit public access to the Property on such terms and conditions as it deems appropriate, provided that such access is not inconsistent with the preservation and protection of the Conservation Values of the Property. E. Trash. The dumping or accumulation of any kind of trash, sludge, or refuse on the Property is prohibited. The dumping or accumulation of farm-related trash • and refuse produced on the Property is permitted, provided it is not inconsistent with the preservation and protection of the Conservation Values. However, this shall not prevent the storage of agricultural products and by-products on the Property in accordance with all applicable government laws and regulations. F. Hazardous Materials. Grantor may use agri-chemicals on the Property in accordance with all applicable federal, state or local law. Otherwise, the treatment, permanent storage, disposal or release of hazardous materials on, from or under the Property is prohibited. For the purpose of this Deed, hazardous materials shall mean any hazardous or toxic material or waste that is subject to any federal, state, or local law or regulation. Notwithstanding anything in this Deed to the contrary, this prohibition does not impose any liability on Grantee for hazardous materials nor does it make Grantee an owner of the Property, nor does it permit or require Grantee to control any use of the Property that may result in the treatment, storage, disposal or release of hazardous materials. G. Weed Control. The Property shall be managed to control noxious weeds to the extent reasonably possible. H. Other Restricted Uses. Sod farms, helicopter pads, and airstrips are prohibited. 7. Responsibilities of Grantor and Grantee Not Affected. Other than as specified herein, this Deed is not intended to impose any legal or other responsibility on Grantee, or in any way to affect any existing obligations of Grantor as owner of the Property. Additionally, unless otherwise specified below, nothing in this Deed shall require Grantor to take any action to restore the condition of the Property after any Act of God or other event over which Grantor had no control. Grantor shall continue to be solely responsible and Grantee shall have no obligation for the upkeep and maintenance of the Property and Grantor understands that nothing in this Deed relieves Grantor of any obligation or restriction on the use of the Property imposed by law. Among other things, this shall apply to: Pluss Deed of Conservation Easement Page 9 0T 'd SLLB-ET9-0L6 311 `u2tsaa sa9poH ppol eETt60 40 TO daS 1111111111111111111111111111 III IIIIII�c 111111 III IIII 3096990 08/19/2003 09:43A Weld Co_ .y, CO 1Q of 22 R 111.00 D 0.00 Steve Moreno Clerk& Recorder A. Taxes. Grantor shall continue to be solely responsible for payment of all taxes and assessments levied against the Property. If Grantee is ever required to pay any taxes or assessments on its interest in the Property, Grantor will reimburse Grantee for the same. If for any reason Grantor fails to pay any taxes, assessments or similar requisite charges, Grantee may pay such taxes, assessments or similar requisite charges, and may bring an action against Grantor to recover all such taxes, assessments and similar charges plus interest thereon at the rate charged delinquent property taxes by the county assessor's office in which the Property is located. B. Liability. Grantor shall indemnify, defend, and hold Grantee and its members, officers, directors, employees, agents, and contractors (collectively, the "Indemnified Parties") harmless from and against any and all loss, damage, cost, or expense, including reasonable attorneys' fees, arising from or in any way related to: (i) injury to or the death of any person, or damage to property, occurring on or about or related to the Property, unless due solely to the gross negligence or intentional acts of any of the Indemnified Parties; (ii) the obligations under this Section 7 or (iii) the presence or release of hazardous materials on, under, or about the Property under Section 6(F). Grantee shall indemnify, defend and hold Grantor and its assigns, successors and heirs harmless from and against any and all loss, cost, or expense, including reasonable attorneys' fees, arising from or in any way related to injury to or the death of any person occurring on or about or related to the Property arising out of the Indemnified Parties' actions on the Property. ^ S. Enforcement Grantee shall have the right to prevent and correct or require correction of violations of the terms of this Deed and Purposes of this Easement. In those cases where Grantee determines that immediate entry is required to inspect for, prevent, terminate, or mitigate a violation of this Easement, Grantee may enter the Property without advance notice. In all other cases, Grantee shall notify Grantor in wilting or orally of the nature of the alleged violation. Upon receipt of this written notice, Grantor shall immediately cease the alleged violation and either (a) if necessary, restore or remediate the Property to its condition prior to the violation or (b) provide a written plan for restoration and remediation of the Property acceptable to Grantee. If Grantor is unable or unwilling to cease the immediate alleged violation, restore or remediate the Property to its condition prior to the violation or provide a written plan for restoration and remediation of the Property acceptable to Grantee, both parties agree to resolve the dispute through mediation, or court procedures. At any point in time, after written notice of the alleged violation is provided to the other party, the parties may take appropriate legal action including an injunction to stop the alleged violation. Any costs incurred by Grantee in enforcing the terms of this Easement against Grantor, including, without limitation, reasonable costs and expenses of suit, and reasonable attorneys' fees and any reasonable costs of restoration necessitated by Grantor's violation of the terms of this Easement, shall be borne by Grantor should Grantee prevail in such legal action. If Grantor is the prevailing party in such legal action, each party shall be responsible for its own costs and expenses of the suit, including attorneys' fees. Notwithstanding the foregoing, if the deciding body determines that Grantee has acted in bad faith in seeking to enforce this Easement, Grantee shall bear Grantor's reasonable costs of suit, Muss Deed of Conservation Easement Page 10 TT 'd 51.18-EIS-OL8 311 `u9tsaO sa2poH pool ebT :80 b0 TO deS Sep 01 04 08: l8a Todd Hodges Design, LLC 970-813-8775 p. 1 1111111111111111111111111 3096990 08/19/2003 09:43A Weld County, CO 11 at 22 R 111.00 D 0.00 Steve Moreno Clerk& Recorder •including reasonable attorneys' fees. The parties will share equally in the mediation fees. Grantee's remedies described in this section shall be cumulative and shall be in addition to all remedies now or hereafter existing at law or in equity, including the right to recover any damages for loss of Conservation Values. The failure of Grantee to discover a violation or to take action shall not waive any of Grantee's rights, claims or interests in pursuing any such action at a later date. 9. Transfer of Easement Grantee shall have the right to transfer this Easement to any public agency or private non-profit organization that, at the time of transfer, is a "qualified organization" under § 170(h) of the U.S. Internal Revenue Code, and under C.R.S. §§38-30.5- 101, et seq., and only if the agency or the organization expressly agrees to assume the responsibility imposed on Grantee by this Easement. Grantee shall notify Grantor in advance of any proposed transfers. If Grantee ever ceases to exist or no longer qualifies under federal or state law, a court with jurisdiction shall transfer this Easement to another qualified organization having similar purposes and that agrees to assume the responsibility. 10. Transfer of Property. Any time the Property itself, or any interest in it, is transferred by Grantor to any third party, Grantor shall pay a $100 transfer fee to Grantee and notify Grantee within (5) business days after closing in writing using the form in Exhibit D attached hereto. The document of conveyance shall expressly refer to this Deed of Conservation Easement. 11. Termination of Easement If, at the joint request of Grantor and Grantee, a court with jurisdiction determines that conditions on or surrounding the Property change so much that none of the Conservation Values can be fulfilled, the court may terminate this Easement. The total loss of all the Conservation Values are the only grounds under which this Deed can be terminated. Upon such termination, Grantee may use the endowment funds associated with this Deed for purposes consistent with Grantee's organizational mission. Grantor and Grantee agree that the granting of this Deed immediately vests Grantee with a property right, and the fair market value of this property right is 70% percent of the full fair market value of the Property. Grantor and Grantee further agree that this percentage shall remain constant, so that should this Easement be extinguished, be sold for public use, taken for public use, or terminated, Grantee shall be entitled to a portion of the proceeds from any subsequent sale, exchange, involuntary conversion, or condemnation award. Grantee's share of the proceeds shall be the aforementioned percentage of the value of the Property at the time of such sale, exchange, involuntary conversion, or condemnation. Grantee's use of the proceeds shall comply with Treasury Regulation § 1.170A- 14(g)(6)(i). 12. Perpetual Duration. This Easement shall be a servitude running with the land in perpetuity. Every provision of this Deed that applies to Grantor or Grantee shall also apply to their respective agents, heirs, executors, administrators, assigns, and all other successors as their interests may appear; provided, however, that either party's rights and obligations under this Easement shall terminate (as to such party, but not as to such party's successor, who shall be bound as provided herein) upon a transfer of such party's entire interest in this Easement or the Pluss Deed of Conservation Easement Page 11 Sep O1 04 08: 18a Todd Hodges Design, LLC 970-613-8775 p. 2 1 111111 11111 1 III 1111111 liltIII 111111!] IIIIII III IHI 3096990 08/19/2003 09:43A Weld C12 of 22 R 111.00 D 0.00 Steve Moreno Clerk& Recorder • Property, except that liability of such transferring party for act or omissions occurring prior to such transfer shall survive the transfer. 13. Change of Circumstance. The fact that any use of the Property that is expressly prohibited by this Easement, or any other use as determined to be inconsistent with the Purpose of this Easement, may become greatly more economically valuable than permitted uses, or that neighboring properties may in the future be put entirely to uses that are not permitted thereunder, has been considered by the Grantor in granting this Easement. It is Grantor's belief that any such changes will increase the benefit to the public of the continuation of this Easement, and it is the intent of both Grantor and Grantee that any changes should not be assumed to be circumstances justifying the termination or extinguishment of this Easement pursuant to this section. In addition, the inability to carry on any or all of the permitted uses, or the unprofitability of doing so, shall not impair the validity of this Easement or be considered grounds for its termination or extinguishment pursuant to this section. 14. Notices. As specified here in, any notices required by this Deed shall be sent as appropriate to Grantor and Grantee respectively at the following addresses, unless a party has been notified by the other of a change of address: Grantor: Douglas A. Pluss 160 Eudora Street Denver, CO 80220 Phone: (303) 322-9922 Grantee: Colorado Open Lands 274 Union Blvd., Suite 320 Lakewood, CO.80228 Phone: (303) 988-2373 15. Subsequent Liens on the Property. No provisions of this Deed should be construed as impairing the ability of Grantor to use this Property as collateral for subsequent borrowing, provided that any mortgage or lien arising from such a borrowing would be subordinated to this Easement. 16. No Merger. Unless the parties expressly state that they intend a merger of estates or interests to occur, then no merger shall be deemed to have occurred hereunder or under any document executed in the future affecting this Easement. 17. Grantor's Representations and Warranties. A. Grantor warrants that Grantor has good and sufficient title to the Property, free from all liens and encumbrances securing monetary obligations except ad valorem property taxes for the current year, and hereby promises to defend title to the Property Pluss Deed of Conservation Easement Page 12 Sep 01 04 08: 18a Todd Hodges Design, LLC 970-813-8775 p. 3 111111111)11 III 111111111111111111hatillinia 3096990 08/19/2003 09:43A weld County, CO 18 of 22 R 111.00 D 0.00 Steve Moreno Clerk& Recorder Legal Description. cont THENCE continuing South 00°38'03" East along said East line a distance of 1703.05 feet to the East Quarter Corner of said Section 36; THENCE South 89°38'54" West along the South line of said NEI/4 a distance of 1231.06 feet to the intersection with the Easterly line of the Gilmore Canal as described within that Warranty Deed to The Farmers Reservoir and Irrigation Company as recorded May 25, 1914 in Book 393 on Page 371 of the records of the Weld County Clerk and Recorder (WCCR). Said point being the beginning point of a curve. The aforesaid line being non-tangent to said curve; Thence along the Easterly line of the aforesaid parcel of land by the following Eighteen (18) courses and distances: THENCE along the Arc of a curve which is concave to the Southwest a distance of 216.08 feet, whose Radius is 562.87 feet, whose Delta is 21°59'41", and whose Long Chord bears North 36°31'38" West a distance of 214.75 feet to the Point of Tangency (PT); THENCE North 47°31'29" West a distance of 150.00 feet to a Point of Curvature (PC); THENCE along the Arc of a curve which is concave to the Northeast a distance of 192.96 feet, whose Radius is 1151.66 feet, whose Delta is 09°36'00", and whose Long Chord bears North 42°43'29" West a distance of 192.74 feet to the PT; THENCE North 37°55'29" West a distance of 250.00 feet to a PC; THENCE along the Arc of a curve which is concave to the Northeast a distance of 146.92 feet, whose Radius is 2004.26 feet, whose Delta is 04°12'00", and whose Long Chord bears North 35°49'29" West a distance of 146.89 feet to the PT; THENCE North 33°43'29" West a distance of 100.00 feet to a PC; THENCE along the Arc of a curve which is concave to the Southwest a distance of 221.26 feet, whose Radius is 437.14 feet, whose Delta is 29°00'00", and whose Long Chord bears North 48°13'29" West a distance of 218.90 feet to the PT; THENCE North 62°43'29" West a distance of 100.00 feet to a PC; THENCE along the Arc of a curve which is concave to the Northeast a distance of 234.85 feet, whose Radius is 651.09 feet, whose Delta is 20°40'00", and whose Long Chord bears North 52°23'29" West a distance of 233.58 feet to the PT; THENCE North 42°03'29" West a distance of 150.00 feet to a PC; THENCE along the Arc of a curve which is concave to the Northeast a distance of 185.34 feet, whose Radius is 530.96 feet, whose Delta is 20°00'00", and whose Long Chord bears North 32°03'29" West a distance of 184.40 feet to the PT; THENCE North 22°03'29" West a distance of 100.00 feet to a PC; THENCE along the Arc of a curve which is concave to the East a distance of 260.42 feet, whose Radius is 276.31 feet, whose Delta is 54°00'00", and whose Long Chord bears North 04°56'31" East a distance of 250.88 feet to a Point of Compound Curvature(PCC); Plass Deed of Conservation Easement Page 18 Sep, 01 04 08: 19a Todd Hodges Design, LLC 970-613-8775 p. 4 111111111111111111111111111111 lII'r 91 111111111 111! 3096990 08/19/2003 09:43A Weld County, CO . 19 of 22 R 111.00 0 0.00 Steve Moreno Clerk& Recorder Legal Description, cont THENCE along the Arc of a curve which is concave to the Southeast a distance of 111.51 feet, whose Radius is 121.70 feet, whose Delta is 52°30'00", and whose Long Chord bears North 58°11'31" East a distance of 107.65 feet to the PT; THENCE North 84°26'31" East a distance of 300.00 feet to a PC; THENCE along the Arc of a curve which is concave to the South a distance of 131.67 feet, whose Radius is 301.77 feet, whose Delta is 25°00'00", and whose Long Chord bears South 83°03'29" East a distance of 130.63 feet to the PT; THENCE South 70°33'29" East a distance of 450.00 feet to a PC; THENCE along the Arc of a curve which is concave to the North a distance of 366.17 feet, whose Radius is 340.42 feet, whose Delta is 61°37'48", and whose Long Chord bears North 78°37'37'East a distance of 348.77 feet; THENCE South 88°09'06" East along a line non-tangent to the aforesaid curve a distance of 1192.63 feet; THENCE North 89°21'57" East a distance of 50.00 feet to the TRUE POINT OF BEGINNING. Said described parcel of land contains 79.621 Acres, more or less (±) and is subject to any rights-of- way or other easements as granted or reserved by instruments of record or as now existing on said described parcel of land. Legal Description Prepared by: KING SURVEYORS,INC. Charles B. Jones Land Surveyor#22098 9299 Eastman Park Drive Windsor. Colorado 80550 • (970) 686-5011 r Pluss Deed of Conservation Easement Page 19 Sep, 01 04 08: 19a Todd Hodges Design, LLC 970-613-8775 p, 5 11111111111 IIII 111111111111111 Itil lrh dd 11(11111111E 3096990 08/19/2003 09:43A Weld rnty, CO 20 of 22 R 111.00 D 0.00 Steve Moreno Clerk& Recorder • EXHIBIT B NORTHEAST O T36,AST5QU R63W CONSERVATION EASEMENT NCRTIEAST CORNER SECIOI $6-T.SN.-R.SSW. POINT Of BEONNING� _ ____ O L:SGO COVM•040a "WarrJNIBIT A `NORTH WMTG CANER 1 1 • II sic➢CN J6-T.!N.-R.55W. \ I'i, ii /Oaa weu --tea.__ -/ 91 I: 1 CO.VSG k5lilatrZCIWGVT 12 .]fNwry k ad it Inu ® WeilI r: CO.I6EAY IONUSEHGVT - � \� ///T` Well %%•77.-_ � \ I N FIELD ROAD.' CAST C''ARTER c_RNER SZCTIsA CJAR 5N CORNE9 \\ SECTION _5-W BEGINNING f SiCTON J6-S._N.-i.55W. POINT Nfl T BEON55W. ISO0BIT A if/oQ�' RE .Il/:r� sao' zsa' 0 :ao. _.,c.T.. . ,_"r'C' ,...-, n.AA.ryge r=Soo' :Worms o •, ....' ,tea s.�`.F Vj /i NAL LAND trels !1 SYNC SURVEYORS, h C • PROJECT NO: 2001t12 _„�I 9299 EASTMAN PARK DRIVE, WINDSOR, CO 80550 DATE: Jan 14, 2003 el PHONE. (970) 686-5011 FAX: (970) 686-5821 CLIENT: P.A. TURKEY Fie'.'. N. Y WWW.KINGSURVEYORS.COM DWG: 2001412REZ Sep 01 04 08: 19a Todd Hodges Design, LLC 970-613-8775 EXHIBIT C Dedicated Water Rights Four (4) shares of the Farmer' Reservoir and Irrigation Company I fill 11111 llll III'III lilll 111 11111111 1111111111111111 3096990 08/19/2003 09:43A Weld County, CO 21 of 22 R 111.00 D 0.00 Steve Moreno Clerk& Recorder , Pluss Deed of Conservation Easement Page 2) Sep, 01 04 08: 19a Todd Hodges Design, LLC 970-613-8775 7 111111111111IIII III111111111III III 11111 3096990 08/19/2003 09:43A Wt Aunty, CO 22 of 22 R 111.00 D 0.00 Steve Moreno Clerk&Recorder EXHIBIT D Sample Notice of Transfer of Property To: Colorado Open Lands ("Grantee") From: [Insert name of fee owner] ("Grantor") Pursuant to Section 10 of the Deed of Conservation Easement, Grantee is hereby notified by Grantor of the transfer of the fee simple interest in the subject Property legally described in Exhibit A attached hereto effective [insert date of closing] to [insert name of new Grantor], who can be reached at [insert name, legal address, phone and fax number]. GRANTOR: By: Title: STATE OF COLORADO ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 200 by as of Witness my hand and official seal. My commission expires: Notary Public Date: Pluss Deed of Conservation Easement Page 22 Sep- ❑1 04 08: 20a Todd Hodges Design, LLC 970-613-8775 P. 8 IIIIII 11111 1111111111111111 11 Pill III UUUnnn ttt it 3096990 08/19/2003 09:43A Wth„ County, CO 13 of 22 R 111.00 D 0.00 Steve Moreno Clerk & Recorder against all claims that may be made against it by any person claiming by, through, or under Grantor. B. Grantor represents and warrants that to the best of its actual knowledge: (1) No hazardous substance or toxic waste exists nor has been generated, treated, stored, used, disposed of, deposited, or transported, in, on, or across the Property, except that agrichemicals may have been applied to the Property, and that there are not now any underground storage tanks located on the Property. Grantee acknowledges that Grantor has leased the Property to a farmer tenant who has managed the Property for Grantor and that Grantor's knowledge of the Property is limited to infrequent visits to the Property and reports from its tenant farmer; and (2) Grantor has not received any notices indicating that the Property is not in compliance with all federal, state, and local laws, regulations, and requirements applicable to the Property and its use; and (3) There is no pending or threatened litigation in any way affecting, involving, or relating to the Property; and (4) No civil or criminal proceedings or investigations have been instigated at any time or are now pending, and no notices, claims, demands, or orders have been received, arising out of any violation or alleged violation of, or failure to comply with, any federal, state, or local law, regulation, or requirement applicable to the Property or its use. Nothing in this paragraph shall be construed to relieve the Grantor of its responsibility for and liability for the Property by virtue of its status as owner of the Property. 18. Acceptance. Grantee hereby accepts without reservation the rights and responsibilities conveyed by this Deed. 19. General Provisions: A. Severability. If any provision of this Deed, or the application thereof to any person or circumstance, is found to be invalid, the remainder of the provisions of this Deed, or the application of such provision to persons or circumstances other than those as to which it is found to be invalid, as the case may be, shall not be affected thereby. B. Captions. The captions in this instrument have been inserted solely for convenience of reference and are not a part of this instrument and shall have no effect upon construction or interpretation. ,..� Pluss Deed of Conservation Easement Page 13 Sep 01 04 08: 20a Todd Hodges Design, LLC 970-613-8775 p_ 9 10111 11111 IIII 111111111111111 '1V H@ 111 111111 111 IIII 3096990 08/1912003 09:43A UW,..a County, CO 14 of 22 R 111.00 D 0.00 Steve Moreno Clerk& Recorder C. Waiver of Defenses. Grantor hereby waives any defense of lathes, estoppel or prescription and acknowledges and agrees that the one-year statute of limitation provided under C.R.S. § 38-41-119 does not apply to this Easement, and Grantor waives any rights of Grantor pursuant to such statute. D. Controlling Lam and Interpretation. This Easement shall be performed and broadly interpreted under the laws of Colorado, resolving any ambiguities and questions of the validity of specific provisions so as to favor maintaining the Conservation Values of the Property. E. Counterparts. The parties may execute this instrument in two or more counterparts which shall, in the aggregate, be signed by all parties; each counterpart shall be deemed an original instrument as against any party who has signed it; all counterparts, when taken together, shall constitute this instrument. F. Amendment. If the circumstances arise under which an amendment to or modification of this Easement would be appropriate, Grantor and Grantee are free to jointly amend this Easement; provided that no amendment shall be allowed that will affect the qualifications of this Easement under any applicable laws. Any amendment must not be inconsistent with the preservation and protection of the Conservation Values of the Property and may not affect the perpetual duration of the Easement. Any amendment must be in writing, signed by both parties, and recorded in the official records of Weld County, Colorado. G. Entire Agreement. This instrument sets forth the entire agreement of the parties with respect to the terms of this Easement and supercedes all prior discussions, negotiations, understandings, or agreements relating to the terms of this Easement, all of which are merged herein. 20. Development Rights. Grantor hereby grants to Grantee all development rights for the Property except as specifically reserved herein, and the parties agree that such rights are terminated and extinguished, and may not be used on or transferred off of the Property to any other property adjacent or otherwise. 21. Recording. The Grantor shall record this Deed in timely fashion in the official records of Weld County, Colorado, and Grantee may re-record it at any time as may be required to preserve its rights in this Easement. TO HAVE AND TO HOLD, this Deed of Conservation Easement unto Grantee, its successors and assigns, forever. IN WITNESS WHEREOF, Grantor and Grantee, intending to legally bind themselves, have set their hands on the date first written above. Pluss Deed of Conservation Easement Page 14 Sep. 01 04 08: 20a Todd Hodges Design, LLC 970-613-8775 p. 10 11111111111 liii 111111111111 III III,::II III IIIIII ill IIII 3096990 08/19/2003 09:43A Welt, County, CO 15 of 22 R 111.00 D 0.00 Steve Moreno Clerk& Recorder •� � \\P, $qRt GRANTOR: is ,v, \,oTaRy•F,a P &A TURKEY FARMS, INC. :� a Colorado corporation ��y� Pum..1G53 By: 101 OF COI-O Douglas . Huss,Vice President STATE OF COLORADO ) ' )ss. COUNTY OF "SaMRb0221 ) The foregoing instrument was acknowledged before me this /"r' - day of August, 2003, by Douglas A. Pluss, Vice President of P&A Turkey Farms, Inc., a Colorado corporation, owner of the Property. Witness my hand and official seal. My commission expires: // 9/-c op Lf Notary Public • (c>. 1.1/4..14.44 • 6 . COLO O OPEN LANDS, 0. '\N.OTA/? . R� a Colorado/non profit corporation vy a".' rUBL1G .'8 By .eOi� COL�� Daniel E. Pike,President STATE OF COLORADO ) )ss. COUNTY OF 4)Th x.c,,-1 ) The foregoing instrument was acknowledged before me this Fill— day of August, 2003, by Daniel E. Pike as President of Colorado Open Lands, a Colorado non-profit corporation. Witness my hand and official seal. My conunission expires: I I- .Q I- QOO //,,/ Notary Public • •� Pluss Deed of Conservation Easement Page 15 Sep 01 04 08: 20a Todd Hodges Design, LLC 970-613-8775 p. 11 11111111111111111111111111111 11!* i111¶111111111¶ 111¶ • 3096990 08/19/2003 09:43A Wein County, CO 16 of 22 R 111.00 0 0.00 Steve Moreno Clerk & Recorder EXHIBIT A Legal Description Conservation Easement- West of Gilmore Canal A parcel of land being all that part of the Northeast Quarter(NEI/4) of Section Thirty-six (36), Township Five North (T.5N.), Range Sixty-five West (R.65W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado laying Westerly and Southwesterly of the Right- Of-Way (ROW) of the Gilmore Canal as described within that document as recorded May 25, 1914 in Book 393 on Page 371 of the records of the Weld County Clerk and Recorder (WCCR) and being more particularly described as follows: BEGINNING at the East Quarter Corner of said Section 36 and assuming the East line of the NE1/4 of said Section 36 as bearing North 00°38'03" West, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/92, a distance of 2622.76 feet with all other bearings contained herein relative thereto. From said East Quarter Corner the Center Quarter Corner of said Section 36 bears South 89°38'54" West a distance of 2635.01 feet: THENCE South 89°38'54" West along the South line of said NE1/4 a distance of 1332.69 feet to the intersection with the Westerly ROW line of the aforesaid Gilmore Canal. Said point being the TRUE POINT OF BEGINNING: THENCE continuing South 89°38'54" West along the South line of said NE1/4 a distance of 1302.32 feet to the Center Quarter Corner of said Section 36; THENCE North 00°41'37" West along the West line of said NE1/4 a distance of 1487.05 feet to the intersection with the Westerly ROW line of said Gilmore Canal and being the beginning point of a curve. The aforesaid line being non-tangent to said curve; Thence along the Westerly and Southwesterly ROW line of said Gilmore Canal by the following Thirteen (13) courses and distances: THENCE along the Arc of a curve which is concave to the Northeast a distance of 2.87 feet, whose Radius is 366.31 feet, whose Delta is 00°26'53", and whose Long Chord bears South 21°50'02" East a distance of 2.87 feet to the Point of Tangency (PT); THENCE South 22°03'29" East a distance of 100.00 feet to a Point of Curvature (PC); THENCE along the Arc of a curve which is concave to the Northeast a distance of 216.76 feet, whose Radius is 620.96 feet, whose Delta is 20°00'00", and whose Long Chord bears South 32°03'29" East a distance of 215.66 feet to the PT; THENCE South 42°03'29" East a distance of 150.00 feet to a PC; Pluss Deed of Conservation Easement Page 16 Sep 01 04 08: 21a Todd Hodges Design, LLC 970-613-8775 p. 12 111111111111 liii 1111111 ""I III 11111! III 11111110 Till 3096990 08/19/2003 09:43A Weld vuunty, CO 17 of 22 R 111.00 D 0.00 Steve Moreno Clerk & Recorder ' Legal Description, cont. THENCE along the Arc of a curve which is concave to the Northeast a distance of 267.31 feet, whose Radius is 741.09 feet, whose Delta is 20°40'00", and whose Long Chord bears South 52°23'29" East a distance of 265.87 feet to the PT; THENCE South 62°43'29" East a distance of 100.00 feet to a PC; THENCE along the Arc of a curve which is concave to the Southwest a distance of 175.70 feet, whose Radius is 347.14 feet, whose Delta is 29°00'00", and whose Long Chord bears South 48°13'29" East a distance of 173.83 feet to the PT; THENCE South 33°43'29" East a distance of 100.00 feet to a PC; THENCE along the Arc of a curve which is concave to the Northeast a distance of 153.52 feet, whose Radius is 2094.26 feet, whose Delta is 04°12'00", and whose Long Chord bears South 35°49'29" East a distance of 153.48 feet to the PT; THENCE South 37°55'29" East a distance'of 250.00 feet to a PC; THENCE along the Arc of a curve which is concave to the Northeast a distance of 208.04 feet, whose Radius is 1241.66 feet, whose Delta is 09°36'00", and whose Long Chord bears South 42°43'29" East a distance of 207.80 feet to the PT; THENCE South 47°31'29" East a distance of 150.00 feet to a PC; THENCE along the Arc of a curve which is concave to the Southwest a distance of 138.23 feet, whose Radius is 472.87 feet, whose Delta is 16°44'53", and whose Long Chord bears South 39°09'02" East a distance of 137.73 feet to the TRUE POINT OF BEGINNING. Said described parcel of land contains 21.485 Acres, more or less (±) and is subject to any rights- of-way or other easements as granted or reserved by instruments of record or as now existing on said described parcel of land. Conservation Easement-East of Gilmore Canal A parcel of land being part of the Northeast Quarter(NE1/4) of Section Thirty-six (36), Township Five North (T.5N.), Range Sixty-five West (R.65W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado and being more particularly described as follows: BEGINNING at the Northeast Corner of said Section 36 and assuming the East line of said NE1/4 as bearing South 00°38'03" East, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/92, a distance of 2622.76 feet with all other bearings contained herein relative thereto: THENCE South 00°38'03" East along said East line a distance of 919.71 feet to the TRUE POINT OF BEGINNING: Pluss Deed of Conservation Easement Page 17 DRAFT DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS RIDGEVIEW PLANNED UNIT DEVELOPMENT This Declaration of Covenants, Conditions and Restrictions for Ridgeview Planned Unit Development(the"Development") is made this day of , 2004 by P & A Turkey Farms, Inc., a Colorado corporation("Declarant"). RECITALS A. Declarant is the owner of that certain real property located in Weld County, Colorado, more particularly described on Exhibit A, attached hereto and by this reference made a part of this Declaration(the"Property"). B. The Property consists of Lots 1-5, Block 1 and Lots 1-4, Block 2 (collectively the "Lots")and Outlots A, B and C (the"Outlots") of the Ridgeview PUD (the"PUD"), as approved by the Weld County Commissioners by Resolution , and described in the final plat recorded on at Reception No. of the records of the Weld County Clerk and Recorder. C. Declarant desires to create a community with common covenants, conditions and restrictions for the benefit of the PUD. D. Declarant has created a non-profit corporation, the Ridgeview PUD Homeowners' Association (the"Association"), for the purpose of managing the community, collecting assessments, maintaining the common properties and administering and enforcing this Declaration. ARTICLE I DECLARATION AND SUBMISSION Declarant hereby declares that the Property shall be held, transferred, sold, conveyed and occupied subject to the following covenants, conditions, restrictions, charges and liens set forth in this Declaration(the"Covenants"), all of which shall be covenants running with the land and be binding on all parties having any interest in the Property or any part thereof, their heirs, successors and assigns. These Covenants shall inure to the benefit of each owner of any portion of the Property. ARTICLE II MEMBERSHIP Every record owner of a fee interest in any Lot shall be a member of the Association(the "Owner" or"Member"). Each Lot shall be entitled to one (1)vote in the Association. An Owner shall not transfer, pledge or alienate his membership in the Association in any way, except upon the sale or encumbrance of his Lot and then only to the purchaser or mortgagee of his Lot. DRAFT r•—. Declarant shall be entitled to appoint and remove the members of the Board of Directors of the Association(the"Board") during the term of Declarant Control, which begins with the filing of this Declaration and appointment of the initial Board, and continues until the earlier of ten(10)years from the date of recording of this Declaration, or sixty(60) days after Declarant conveys seven(7) of the Lots to Owners other than Declarant. ARTICLE III COMMON ELEMENTS Ownership and Taxation. The Common Elements of the Property shall mean all portions of the Property, except the Lots, and shall include, without limitation, Outlots A, B and C. The Common Elements shall be owned by the Association. The valuation of the Common Elements shall be assessed proportionately to each Lot, so that each Lot shall be responsible for 1/9 of the assessments for the Common Elements. The Common Elements shall not be separately taxed or assessed. Outlots A, B, and C may be utilized by owners of Lots in the Subdivision in a manner determined by the Board, provided that the use of Outlots B and C is consistent with the Conservation Easement granted by Colorado Open Lands. Maintenance, Repair and Insurance. The Association shall be responsible for the maintenance and repair of the Common Elements which shall be the common expense of all Owners. This maintenance shall include, but shall not be limited to, upkeep, repair and replacement of signs, roads, Outlots, irrigation systems, gates, sidewalks, and improvements if any located in the Common Elements, In the event the Association does not maintain or repair .-� the Common Elements, Declarant shall have the right but not the obligation to do so at the expense of the Association. In addition, the Association shall be responsible for maintaining comprehensive general liability insurance in an amount determined by the Board, but no less than one million dollars, for bodily injury, including deaths and property damage arising out of a single occurrence. The policy shall insure the Association, the Board, the Owners, the property manager, if any, and their respective agents and employees from liability in connection with the operation, maintenance and use of the Common Elements. Irrigation Water. The Association shall designate an individual who will be responsible for management and maintenance of the irrigation water and ditches serving and crossing the Property. The Association shall notify the Farmers Reservoir and Irrigation Company, or its successor, of the individual so designated. The Association Bylaws shall identify the procedures for selecting the individual responsible for management and maintenance of the irrigation water and ditches. The Association designee shall be the only individual authorized to call for irrigation water. Water and Sewer No individual water supply system or sewage disposal system shall be permitted on the Property unless it is in compliance with all state and county health regulations and approved by the Weld County Department of Public Health and Environment. All dwellings must attach to a public water source. Leach fields must be designed by a licensed engineer. Space for two septic systems must be reserved and maintained by each Owner. All activities such as landscaping and construction are expressly prohibited in any designated absorption field site. The Association may also adopt Rules and Regulations concerning the septic systems, which may include, but are not limited to, requiring all septic systems to be pumped by the same company on the same day, subject to reasonable exemptions. 2 D AV ARTICLE IV ARCHITECTURAL CONTROL Common Elements. No alteration or addition to the Common Elements of any kind shall be made unless first approved in writing by the Board. The Board shall exercise reasonable judgment to the end that all modifications to the Common Elements conform to and harmonize with existing surroundings and structures. The Board has the absolute right to deny any requested changes which the Board reasonably determines do not conform to and harmonize with existing surroundings and structures. Architectural Review Committee. There is hereby established an Architectural Review Committee(the"ARC")which shall be responsible for the establishment and administration of Design Guidelines (the"Design Guidelines")to carry out the purposes and intent of this Declaration. Membership. The ARC shall consist of individuals appointed by and responsible to the Board. During the period of Declarant Control, the number of members shall be determined by the Board and such members need not be Owners. After the period of Declarant Control has passed, the ARC shall consist of 3 Owners within the Association, appointed by and responsible to the Board. Board members may also serve as members of the ARC. Design Guidelines. The ARC shall recommend to the Board the adoption from time to time of the Design Guidelines for the PUD. The Design Guidelines shall be adopted by the Board and may be modified or amended from time to time by majority approval of the Board and shall be made available to all Owners and their representatives for review. Once approved by the Board, such Design Guidelines shall be given the same force and effect as if set forth in this Declaration. The Design Guidelines shall be consistent with this Declaration, but shall more specifically define and describe the structure, size, design, appearance, landscaping and site improvement standards. In the event of a conflict between the terms of this Declaration and the Design Guidelines, the terms of this Declaration shall control. Requirement for Approval. No improvements shall be constructed, erected, placed, altered, maintained or permitted on any part of the Property, nor shall any construction or excavation whatsoever be commenced or materials, equipment or construction vehicles be placed on any part of the Property until plans and specifications with respect thereto satisfactory to the ARC showing the proposed improvements, site location of such improvements, complete building plans and material specifications, all exterior elevations, materials and colors, landscaping, grading, drainage, erosion control, easements and utilities and such information as may be requested by the ARC have been submitted to and approved in writing by the ARC. All improvements shall be constructed only in accordance with approved plans. If the ARC has not responded to an Owner's request for approval within sixty(60) days of the submission by Owner of all information requested by the ARC, then such Owner's request shall be deemed approved by the ARC. Improvements and alterations which are completely within an existing structure may be undertaken without such approval. 3 Criteriafor Approval. The ARC shall approve any proposed improvement only if it deems in its reasonable discretion that the improvements in the location indicated will not be detrimental to the appearance of the surrounding areas of the Property as a whole; that the appearance of the proposed improvement will be in harmony with the surrounding areas of the Property, and that the upkeep and maintenance of the proposed improvement will not become a burden on the Association. Specific factors considered in approving plans include, among other things, conformity and harmony of exterior design, colors and materials with neighboring structures, relation of the proposed improvements to the natural topography, adequacy of drainage, erosion control, grade and finished ground elevation of the structure to that of neighboring structures and natural features of the property, and conformity of the plans and specifications to the purpose and general plan and intent of this Declaration. The ARC may condition its approval of any proposed improvement upon the making of such reasonable changes therein as the ARC may deem appropriate. Failure to Obtain ARC Approval. The Association, upon the unanimous approval by the Board, and after reasonable notice to the offender and to the Owner, may remove any improvements constructed, reconstructed, refinished, altered, or maintained in violation of these Covenants, and the Owner of the improvement shall immediately reimburse the Association for all expenses incurred in connection with such removal. Residential Structures. All buildings constructed on the Lots shall be used for residential purposes only. Revegetation and Weeds. The Design Guidelines shall contain provisions to prevent the spread and introduction of noxious weeds during construction, including provisions for construction equipment to be cleaned periodically. The Design Guidelines shall also provide that the ARC shall consider and promote the use of native species for revegetation of the Property. Parking. The Design Guidelines shall contain provisions to allow for the movement of school buses through the roads on the Property, including as necessary restrictions on parked motor homes, boats and other impediments to school buses traveling and turning in Ridgview Lane. Variances. The ARC may grant reasonable variances or adjustments of these conditions and those of the Design Guidelines in order to overcome practical difficulties and prevent unnecessary hardships arising by reason of the application of the restrictions contained herein. Such variances or adjustments shall be granted only in cases where the granting thereof shall not be materially detrimental or injurious to other property or improvements in the PUD and shall not mitigate against the general intent and purposes hereof. Waiver of Liability. Neither the ARC, the Board, nor any member, employee or agent thereof shall be liable to any Owner or to anyone submitting plans for approval, or to any other party by reason of mistakes in judgment, negligence or nonfeasance, arising out of or in connection with the approval, disapproval or failure to approve any such plans or for any other action in connection with its or their duties hereunder. Likewise, anyone so submitting plans to r"` the ARC for approval, by submitting such plans, and any person when he, she or it becomes an 4 DnAFT Owner agrees that he, she or it will not bring any action or suit to recover any damages against the ARC, or any member, employee or agent of said ARC. ARTICLE V PETS AND ANIMALS Household pets that are kept inside and not raised for breeding purposes shall be allowed. In addition, there may be a combination of cats and dogs not to exceed three animals on each Lot. All other animals are prohibited unless specifically allowed by the following provisions of this Article V. The indicated allowed animal types shall have the equivalent "Animal Units" set forth below. Each Lot shall have no more than one Animal Unit. Each of the following shall comprise one "Animal Unit": two horses, one burro, one mule, one cow, three llamas, six alpacas, six rabbits or ten chickens(no roosters). A combination of animals is allowed as long as the total Animal Units do not exceed one Animal Unit per Lot. No swine, sheep or goats shall be allowed unless approved by the Board specific to a 4-H project. The number of swine, sheep or goats shall never exceed four of any combination per Lot. Newborns shall not count until they are one year old. No dog, cat or other animal shall be allowed on or about the Property, including Common Elements, at any time without adequate supervision by an Owner. Owners will be held responsible for any litter, waste, mess or damage created by their dogs, cats and other animals in the Common Elements and for any offensive or prolonged noises created by any of these animals. Nuisance animals such as coyotes, raccoons, skunks and foxes are found in rural areas such as the Property. Owners must take care to protect themselves, their children, their animals, their trash, and other belongings from these animals. ARTICLE VI RIGHT TO FARM Weld County is one of the most productive agricultural counties in the United States. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with longstanding agricultural practices and a lower level of services than in town. Section 35-3.5-102, C.R.S. provides than an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Weld County's Right to Farm Statement is attached to this Declaration as Exhibit B, and by this reference made a part hereof. ARTICLE VII OCCUPANCY REGULATION The Association shall have and may exercise the right to control the Owners' use and occupancy of their respective Lots including the use of the Carriage Estates residences. No Carriage Estates residences may be separately leased. Carriage Estates residences may only be leased in connection with a lease of all structures on the Lot to one family or entity. 5 ARTICLE VIII ASSESSMENTS Assessment Obligations. Each Owner, including Declarant while an Owner of any Lots, is obligated to pay to the Association(1)the Annual Assessments; (2) Special Assessments, as established from time to time as provided herein; and (3)Default Assessments. The annual and special assessment on each Lot, together with such interest thereon and costs of collection thereof as hereinafter provided, shall be a charge on the Lot and shall be a continuing lien upon the Lot against which each such assessment is made. Each such assessment, together with interest and costs of collection thereof, shall also be the personal obligation of the persons who was the Owner(s) of such Lot at the time when the assessment came due. Annual Assessments. The assessments levied by the Association shall be used for the purpose of promoting the health, safety and welfare of the residents of the Property, and shall, without limitation, include levies for the maintenance and upkeep of Outlots A, B, and C, Ridgeview Lane, entrance signage, street lighting, landscaping of Common Elements, irrigation and insurance costs, administration, legal, accounting and management fees associated with activities of the Association. Annual assessments for Common Expenses shall be based upon the estimated cash requirements the Board determines are reasonable and appropriate for the upcoming year including a reasonable and adequate contingency or other reserve fund for future needs. The Board shall propose a budget for the upcoming or current fiscal year at an annual or special meeting of the Members. A majority vote of the Members present, in person or by proxy, shall be required to approve the budget and Annual Assessment level. Payment Dates. Annual assessments shall be payable in installments and on such dates as the Board determines. Written notice of the amount of the assessment shall be sent to each Owner on an annual basis. Special Assessments. The Association may also levy special assessments, payable over such period as the Association may determine for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, unexpected repair or replacement of improvements within the Common Elements or for any other expense incurred or to be incurred as provided in this Declaration. Special Assessments shall only be levied with the assent of a majority of the votes of the Owners who are voting in person or by proxy at a meeting duly called for this purpose. Written notice of the meeting shall be provided to the Owners at least thirty days in advance, setting forth the purpose of the meeting. Written notice of the amount of such Special Assessments and the time for payment of the Special Assessments shall be given promptly to the Owners, and no payment shall be due less than ten(10) days after such notice shall have been given. Default Assessments. All monetary fines assessed against a Owner pursuant to the Association Documents, or any expense of the Association which is the obligation of an Owner or which is incurred by the Association on behalf of the Owner pursuant to the Declaration shall be a Default Assessment and shall become a lien against such Owner's Lot which may be foreclosed or otherwise collected as provided in this Declaration. Notice of the amount and due 6 WRAF _ll date of such Default Assessment shall be sent to the Owner subject to such Assessment at least 10 days prior to the due date. Effect of Nonpayment, Assessment Lien. Any assessment installment, whether for Annual, Special or Default Assessment, which is not paid on or before 5 days after its due date, shall be delinquent. If an Assessment installment becomes delinquent, the Association, in its sole discretion, may take any or all of the following actions: (a) Assess a late charge for each delinquency in such amount as the Association deems appropriate; (b) Assess interest at a rate of 18 percent per annum, or such other rate as determined by the Association; (c) Suspend the voting rights of the Owner during any period of delinquency; (d) Accelerate all remaining Assessment installments so that unpaid Assessments for the remainder of the fiscal year shall be due and payable at once; (e) Bring an action at law against any Owner personally obligated to pay the delinquent Asssessments; and (f)Proceed with foreclosure of the lien as set forth below. Assessments chargeable to any Lot shall constitute a lien on such Lot. The Association may institute foreclosure proceedings against the defaulting Owner's Lot in the manner for foreclosing a mortgage on real property under the laws of the State of Colorado. In the event of any such foreclosure, the Owner shall be liable for the amount of unpaid Assessment, any penalties and interest thereon, the cost and expense of such proceedings, the cost and expenses for filing the notice of the claim and lien, and all reasonable attorney's fees incurred in connection with the enforcement of the lien. Personal Obligation. Each Assessment against a Lot is the personal obligation of the Owner of the Lot at the time the Assessment became due. No Owner may exempt himself from liability for the Assessment by abandonment of his lot or by waiver of the use or enjoyment of all or any part of the Common Elements. The Association may, in its sole discretion, institute a suit for monetary damages for unpaid Assessments or exercise any other remedy pursuant to the Declaration, without foreclosing or waiving the Assessment lien. ARTICLE IX EXTERIOR MAINTENANCE OF LOTS Each Owner shall maintain his property, including all improvements, in a neat and attractive condition and in compliance with all Design Guidelines adopted by the Board. If the Owner fails to maintain his property, the Board may, thirty(30) days after written notice to the Owner, arrange to maintain the landscaping and structures on the Lot to the minimum acceptable 7 standards for the PUD, and assess such costs against the Owner. The Owner shall have the right to appear before the Board to contest the need for such maintenance, prior to Board incurring such expenses. ARTICLE X GENERAL PROVISIONS Term. The covenants and restrictions of this Declaration shall run with and bind the Property in perpetuity subject to the termination provisions provided herein. These covenants may be terminated with the approval of 90% of the owners of the Lots, provided that no termination of these Covenants that has the effect of relieving the owners from the duty to maintain the Common Elements shall be effective without written consent from the Board of County Commissioners of Weld County. Amendment. During the period of Declarant Control, this Declaration may be amended by Declarant without the consent of the Owners. After the period of Declarant Control has passed, this Declaration may be amended by approval of Owners holding not less than fifty percent (50%)of the votes possible to be cast under this Declaration. If this Declaration is amended, the amendment shall be recorded in Weld County with copies forwarded to each existing Owner. Amendments which purport to relieve the Owners from the duty to maintain Common Elements will require written consent from the Board of County Commissioners of Weld County. CCIOA Exemption. The Property is not subject to the terms of the Colorado Common Interest Ownership Act except for Sections 38-33-105, 106 and 107, Colorado Revised Statutes. Enforcement. The Board, Declarant or any Owner shall have the right to enforce, by a proceeding at law or in equity all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by any party to enforce any covenant or restriction contained in this Declaration shall in no event be deemed a waiver of the rights to do so thereafter. Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions, which shall remain in full force and effect. r 8 IN WITNESS WHEREOF, the Declarant has executed this Declaration of Covenants Conditions and Restrictions for Ridgeview Planned Unit Development this day of 2004. DECLARANT: P&A TURKEY FARMS, INC. a Colorado corporation By: Sam Pluss, Jr.,President STATE OF COLORADO ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2004,by Sam Pluss, Jr,President of P&A Turkey Farms, Inc., a Colorado corporation, owner of the Property. Witness my hand and official seal. My commission expires: Notary Public 9 DITAAFT �.� EXHIBIT A LEGAL DESCRIPTION FOR THE PROPERTY 10 DQA 7 EXHIBIT B WELD COUNTY'S RIGHT TO FARM STATEMENT APPENDIX 22-E OF THE WELD COUNTY LAND USE CODE es- 11 Page 1 of 1 Anne From: Todd Hodges"<toddhodges@gwest.net> To: <annejohnson©gwest.net> Sent: Monday,October 11,2004 9:26 AM Subject: Fw: PZ-1050 Ridgeview PUD —Original Message— From: Mary Wohnrade To: Todd Hodges Sent: Friday, October 08, 2004 1:32 PM Subject: FW: PZ-1050 Ridgeview PUD Original Message From: Peter Schei [mailto:pschei@co.weld.co.us] Sent: Friday, October 08, 2004 1:20 PM To: mary@wcecivil.com Subject: PZ-1050 Ridgeview PUD 08-October-2004. Good Afternoon, Mary. The Public Works Department has accepted the drainage study for PZ-1050 Ridgeview PUD(Zone Change). ❑ The Drainage Design Considerations for Ridgeview PUD Change of Zone Submittal, dated August 6, 2004, by Wohnrade Civil Engineers,Inc is acceptable(Project Number:0301.00-PAF). This is evidence to the Planning Department that the applicant/engineer has met Weld County criteria for drainage. The application may continue with out any concerns by Public Works. Peter Schei, P.E., N.SP.E. Public Works Department Weld County pschei@co.weld.co.us 10/11/2004 r1--ter' satg vote*paw ww-uop-out 'Outman no* mom -IF;ot3 sousaut' in soewo ey; •a3 006 io ylaeP e 04 pettvc 'h S9 0000S '4*4C$ 9 QAL 96 no '4/i SN 'y/t ip `t3ogeo Piety nT °Toy Sol 9 map o3 es my Pt++OM oA :adsatloa Rs` lT wogs of gent/L0 L9eZ-t9Y(eIL) • 96609 -oJ 'eteR9 9t► x . •o*I '„+SittaQ b;atv-% 3 I Ls's L9lL ZIPS ONI'aH1111aa'ralaaMW fea IL'ee a}M ss-cl-lnt t I I Identify Results Page 1 of 1 Parcel Valuation Account*: R0256093 Parcel*:096136000070 Owners Name&Address: Property Address: '^~ARK GENEVA A&CLARENCE C TRUSTEES OF Street: 24892 47 CR .ENEVA A CLARK LIVING TRUST City: WELD 23464 WELD COUNTY ROAD 52 GREELEY, CO 80631 Business/Complex: Legal Description PT N2NW4 36-5-65 LOT B AMD REC EXEMPT RE-489 (2.3R1D) SITUS: 24892 47 CR WELD 00000 Land Value $11,492 Land Assessed Value $3,330 Impr.Value $715.172 Imor.Assessed Value $67.660 Total Value $726,664 Total Assessed Value $70,990 Total Taxes: $5,882.00 Amount Due: $0.00 Tax Ares: Bordering County: Township Ronne Section Ouart.Sec. Subdivison Name Blocks Lots 05- 65- 36- 0 - - Land Subtotal: Acres:69.68 Sale Price Sale Date Deed Type Reception* $130,000 7/19/1993 02341990 http://maps.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=Parcel&pin=096136000... 10/5/2004 1 STATE OF COLORADO Of RCS Of THE STAIR Sigma Division M water Resources f tpcitione of Natural Rervices .'s'{ , Olt Sbnw Meet Rees Me thereer,CalyaaeMIN Mime 003)$66aa1 Pa don te61s0 e.re..n .idly 19, 1995 Gems . Ihneilatlera CAM-AMERICA OR�.LMBshrim *C [..aa.eono.. 5OX 416 ca. MAUI CO 60635 M.N0. .41 RE: Monitoring/Observation Mole mom i.D. (craw O Owner: Clarence Clerk Basin Dear Mr. Ads: That you for your faked latter of Jury 12. 1 M nodf$ng an Odes of your ran to construct ms"Wien mothering end ohsrvetion hsfe($. The file number iaued*our office for each hole locationl$is Waved below: MN- .26110 NOME 636 T6M ROM SPM The eensouetlon of the hholsisl must be completed within three(31 months of the date of this aeknowkutger eel. Tossed akdnr pumping shag not taco*a total of coven 01 days laden prior mkt*approval s obtained front the State Engineer. The water diverted during toning hhe an be used for beneficial purposes. The owner of the hole shall be responsible for obtaining omnNtlal end conyRyinb with all role"and ngittcne Pertaining to the dischrge of fluids produced during rasped. Unless a permit is obtained.the hanks)must bs plugged within ono(1)year after construction. A Plopping Report dorm GWS-91 must be submitted within 60 days of plugging. copy el thin acknowledgement shell be available at the dieing sits. Al work must comply with the Weser WM Construction Rues. Minimum canctnvesion standards(Rule 10t must be met,a variance°pained.or. ware allowed, inlamaion Provided rating why to intended use who be In conflict with meeting those 1ldenean standards. True two Construction anti Tot Rnporttsl Ram 0W6-311.must be submitted to this efface by the authorised indvidwd • within Sty(80)days of the completion of the wad. The hole owner slimed 1nek10in records of water quality testing and submit this dote to the Division upon reedits,or upon plugging of the hole's. Tba above Me ahpnber,agar's wee acne,and owner's nano end Secs newt be MsvhhLd en a6 ynaa moth appWeataNel.comseoeden and 1Raeaise '5—. This acknowledgement does not indicate that well permit(*)can be approved. Meese contact this office if you have any questions. Jahn Osbert for Pittard A Nielsen Engineering Technician Raft end: deficiency dint list cc: Division 1,with eneloswglsl Identify Results Page 1 of 1 Parcel Valuation Account*: R1375002 Parcel*:096136100076 _Owners Name&Address: Property Address: &A TURKEY FARMS INC Street:WELD 0 BOX 22253 City:WELD DENVER, CO 80222 Business/Complex: Legal Description NE4 36-5-65 EXC REC EXEMPT RE-2663 LOT A&LOT B(3.26R9.390) SITUS: WELD Land Value $28,625 Land Assessed Value $8,300 Imor.Value 5151.767 ImDr.Assessed Value 512.110 Total Value $180,392 Total Assessed Value $20,410 Total Taxes: $1,513.68 Amount Due: $0.00 Tax Area: Bordering County: Township Range Section Ouart.Sec. Subdivison Name Block* Lot* 05 -65- 36- 1 - - Land Subtotal: Acres:122.95 Sale Price Sale Date Deed Time Reception* $0 http://maps.merrick.com/Website/Weid/setSgl.asp?cmd=QUERY&DET=Parcel&pin=096136100... 10/5/2004 Identify Results Page 1 of 1 Parcel Valuation Accounts: R1374902 Parcel*:096136100075 Owners Name&Address: Property Address: '0-1/4.&A TURKEY FARMS INC Street: WELD 0 BOX 22253 City:WELD DENVER, CO 80222 Business/Complex: Laud Daacriotion PT NE4 36-5-65 LOT B REC EXEMPT RE-2663 (.37R) SITUS: WELD Land Value $2,768 Land Assessed Value $800 ITDr. Value $4 Imor.Assessed Value �0 Total Value $2,768 Total Assessed Value $800 Total Taxes: $59.32 Amount Due: $0.00 Tax Area: Bordering County: Township Range Section Quart.Sec. Subdivison Name Blocks Lots 05 -65- 36- 1 - - land Subtotal: Acres:11 Sale Price Sale Date Deed Type Reception* $0 http://maps.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=Parcel&pin=096136100... 10/5/2004 Identify Results Page 1 of 1 Parcel Valuation Accounts: R1374802 Parcel*: 096136100074 Owners Name&Address: Property Address: &A TURKEY FARMS INC Street: WELD 0 BOX 22253 City:WELD DENVER, CO 80222 Business/Complex: Lapel DescriMion PT NE4 36-5-65 LOT A REC EXEMPT RE-2663 (.51R) SITUS: WELD Land Value $2,032 Land Assessed Value $590 'mu.Value S0 Imvr.Assessed Value SQ Total Value $2,032 Total Assessed Value $590 Total Taxes: $43.76 Amount Due: $0.00 Tax Area: Bordering County: Township Rana.Section Ouart.Sec. Subdiyison Name Blocks Lots 05 -65- 36- 1 - - Land Subtotal: Acrss:11.68 Sale Price Sale Date Deed Type Reception* $0 http://maps.merrick.com/Website/Weld/setSgL asp?cmd�UERY&DET=Parcel&pin=096136100... 10/5/2004 10/04/2804 15:33 3033662570 REALTVFUNDINGCA PAGE 82 • • AFFIDAVIT CONCERNING WELL PERMIT Douglas A.Muss,being first duly sworn upon oath,deposes and says that he is of legal age and has personal knowledge of the following 1.I am a director of P&A Turkey Fauns,Inc.,a Colorado corporation and hold the office of Vice President. 2. P&A Turkey Farms,Inc.is the owner of the real property located it the NEI/4 Section 36,Township 5 North,Range 65 West(the"Property"),which is the subject of Weld County Docket PZ-1050 for the ltidgeviewPUD. 3. A referral from the Weld County Department of Public Health and Environment indicated that Well Permit#26110 is located on the Property. According to the records of the State Engineer's Office,Well Permit#26110 is located in Logan County and Well Permit MR-26110 is located in Weld County. 4. The Monitoring/Observation Hole Notice from the State Engineer's Office dated July 13, 1995(and attached to this affidavit)incorrectly states that the monitoring bole is located on the Property,due to a typographical error in the legal description for the quarter section,as described below. Well Permit MB- 26110 is not located on the Property. 5.The request from Can-America Drilling,Inc.,dated My 12, 1995,states that the property owner is Clarence Clark,but incatrecty Modifies Mr.Clark's property as the NEI/4,Section 36,Township 5 North. Clarence Clerk,as Trustee of the Geneva A.Clark Living Trost,owns property in the NWX/4, Section 36,Township 5 North,the property for which the drill test hole was intended(see attached Parcel Valuation screen from the Weld County property records). 6. The State Engineer's Office carried over Can America's typo and listed the location of the monitoring hole as the NEI/4.Section 36,Township 5 North,in itsNotice,although the owner is correctly listed as Clarence Clark(see attachment). 7. Mr.Clarks never owned the Property,as shown by the attached ownership records. 8. P&A Tlrkey Farts,Inc.has never given permission to Can-Afnaica to place a monitoring hole on the Property and there arc,to the best of my knowledge,ed noAmonit monitoring holes located an the Property. / " • .Muss� `�'Ie STATE OF COLORADO ) )ss. CITY AND COUNTY OF DENVER ) bet The foregoing Affidavit was acknowledged before me this iL day of tkene caber,2004,by Douglas A.Plus,Vice President of P&A Turkey Farms,let.a Colorado corporation. Witness my hand , 3 spedflifliS ' Notary Public My commuis n • of cocoa' chrrwilagi Nr inniaa• WATER SUPPLY INFORMATION SUMMARY Section 30.28-133.(d), C.R.S. requires that du apical subeit to tfw Ceenty,Adequate evidence that a wain supply that is sufficient in tans of laantity,quality and dependability will be maul,to ensure an adequate supply of water. 1. NAME OF DEVELOPMENT AS PROPOSED Ridgeview PUD 2. LAND USE ACTION Change of Zone from Agricultural IA) to PUD 3.NAME 01- EXISTING PARCEL AS RECORDED - SUBDIVISION FLING BLOCK LOT • I 4. TOTAL ACREAGE 126.186 5. NUMBER OF LOTS PROPOSED 9 PLAT MAP ENCLOSED KI YES , 6. PARCEL HISTORY- Please attach apiea at deeds.plats es other evidence et docunantatloo.See attached Certificate of Conveyances A.Wu parcel recorded with county pries to June 1, 1972? C] YES K) NO 8.Has the'wool .eer been part of a division of lend acton so ca June 1, 1912? 0 YES gl NO if yes.Aesonb the previous action 1. LOCATION OF PARCEL Include a map deviating the project was and 6e ro a section maw. 114 OF Part NE 114 SECTION 36 TOWNSHIP 5 Xi N CS RANGE 65 LU E K1 W 1 PRINCIPAL MERIDIAN: K) 6TH 0 kM. O UTE CI COSTILLA Weld County, Colorado t ,----, II. PLAT -Unities of all wells ea property mist be platted and permit unison provided. Surveyors plat Xi Yes 0 No If not.scaled band drawn Match 0 Yee 0 No tl I 9. ESTIMATED WATER REQUIREMENTS•Wane per Dey if A se Fog per Yew 10. WATER SUPPLY SOURCE NOTE: Household use confirmed thra..gh Central Weld i County Water District of I AF/Unit. I of 9 taps exist. - Exists DEVELOPEDH;lyi; , WELLS O NEW WELLS 9 rasaweo soveue ,aura OIL USE d 9 of orals GPO Al WELL PERMIT NUMBERS r.MUM unra iWa«u . C► IX Meta n WWII.re3Kos COMMERCIAL USE/I of S.F. GPO Al L teuvta wsssa r,one. IRRIGATION I of acres GPD - Al STOCK WATERING N of Mad GPO Al 0 MiWUCIPAL _� C ASSOCIATION WATER COURT DECREE CASE NO.'s OTHER - GPO _ Al O COMPANY -- XI DISTRICT TOTAL GPO __9_ AF NAME Central Weld NOTE: 4 Shuies FRICO are tied to a Conservation Easement on LETTER OF COMMITMENT FOR Outlets B&C to transition to drylardidroughl-1otrant species. SERVICE XI YES CJ NO 1 11. ENGiNLER'S WATER SUPPLY REPORT 0 YES K) NO IF YES, PLEASE FORWARD WITH THIS FORM_aes our es reeu.d b4ca..aw:.r»A s.rrcpwui, • 12. TYPE OF SEWAGE DISPOSAL SYSTEM • OD SEPTIC IANI((LEACH HELD O CENTRAL SYSTEM • OIISIHiat NAME - L. LAGOON O VAULT •LOCATION SEWAGE HAULED TO - . . ._._ Li ENGINEERED SYSTEM 1Aa.aa.telly.r earstsines&wive O OTHER. •.__--.__-____._ . _-- .._ - r Hello