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"Red Baron Estates is to be an airpark fly-in community that is exclusively for active pilots with
flyable airplanes who have a true desire to live in harmony in a casual country style atmosphere
with those who have a common interest—aviation."
Red Baron Development
7507 WCR 39
Fort Lupton, Colorado 80261
303-536-0380
Transmitted on December 8, 2003
EXHIBIT
2004-0701
CHANGE OF ZONE (COZ) APPLICATION
FOR PLANNING DEPARTMENT USE DATE RECEIVED: -
RECEIPT/AMOUNT# 1$ CASE#ASSIGNED:
APPLICATION RECEIVED BY PLANNER ASSIGNED:
**PLEASE SEE ATTACHED SHEET FOR TWO PARCELS
n n Parcel Number Finn Fir.
(12 digit number-found on Tax I.D.information,obtainable at the Weld County Assessor's Office,or www.co.weld.co.us).
(Include all lots being included in the application area. If additional space is required,attach an additional sheet)
**PLEASE SEE ATTACHED SHEET FOR TWO PARCELS
Legal Description ,Section ,Township North, Range West
Property Address(If Applicable) 6900 WCR 39 , Fort Lupton, Colorado 80621
Existing Zone District: AG Proposed Zone District: PUD Total Acreage: 123 . 5 Proposed#/Lots 8
Average Lot Size: 4 . 5 Minimum Lot Size: 4 . 5 Proposed Subdivision Name: RED BARON ESTATES
FEE OWNER(S) OF THE PROPERTY (If additional space is required,attach an additional sheet)
Name: Morris L. Quick **Please see attached sheet for add ' 1 fee owner
Work Phone# N/A Home Phone# 303-353-4789EmailAddress N/A
Address: 2634 S. Lima Street
City/State/Zip Code Aurora, CO 80014
APPLICANT OR AUTHORIZED AGENT (See Below:Authorization must accompany applications signed by Authorized Agent)
Name: Marilyn Taylor, Secretary - RED BARON DEVELOPMENT
Work Phone# N/A Home Phone# 303-536-0380EmailAddress MTPVA1@aol . com
Address: 7507 WCR 39
City/State/Zip Code Fort Lupton, CO 80621
UTILITIES: Water: Individual Wells
Sewer: Individual Septic Systems
Gas: Propane Service
Electric: United Power
Phone: Owest
DISTRICTS: School: Husdon
Fire: Hudson _
Post: Fort Lupton
I (We), the undersigned, hereby request hearings before the Weld County Planning Commission and the Weld
County Board of County Commissioners concerning the proposed Change of Zone for the following described
unincorporated area of Weld County, Colorado:
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. /� '' /`, ?
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Signature: Owner or Au prized Agent Date Signature: Owner or Authorized Agent Da
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PLANNED UNIT DEVELOPMENT (PUD) CHANGE OF ZONE APPLICATION
ADDENDUM
Parcel Number 1 147306000017 38.5 acres
Legal Description: The east 1/2 of the east 1/2 of the northeast 1/4 of Section 6, Township 1
North, Range 65 West of the 6th P.M.
Parcel Number 2 130730000024 85 acres
Legal Description: Portions of the southeast Y4 of section 30, and the east '/2 of the east %z
of section 31, Township 2 North, Range 65 West of the 6th P.M.
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RED BARON ESTATES
6900 Weld County Road
Fort Lupton, Colorado 80621
January 28, 2003
To Whom It May Concern:
Please be advised that Red Baron Development LLC does hereby appoint Ms. Marilyn
Taylor, secretary of Red Baron Development, as Authorized Agent for the purpose of
preparing the application material for Red Baron Estates Planned Unit Development.
., Yours Truly,
Moms L. Quick Mark Holliday
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Change of Zone/Rezoning Questionnaire:
1 . How is the proposed rezoning consistent with the policies of the Weld County Code,
Chapter 22? If the proposed rezoning is not consistent with the Comprehensive Plan,
explain how the proposed rezoning will correct what the applicant perceives as faulty
zoning, or how the proposed rezoning will fit with what the applicant perceives as the
changing conditions in the area.
Pursuant to the policies of the Weld County Code, Chapter22, Red Baron Estates has
addressed all of the development goals and policies accordingly as follows: Environmental
Impacts, Service Provision Impacts, Landscaping Elements, Site Design, Agricultural Out Lot
Usage, Signage Issues, etc. have been outlined in a completed Change of Zone Specific
Development Guide which is included as an addendum to the Change of Zone/Rezoning
Questionnaire.
2. How will the uses allowed by the proposed rezoning be compatible with the surrounding
land uses? Include a description of existing land uses for all properties adjacent to the
subject property.
Red Baron Estates will be compatible with surrounding land uses within the PUD Zone
District. The eight residential lots are bordered on the southeast and southwest by
agricultural acreage. The 80-acre agricultural out lot will be left in natural vegetation
compatible with the surrounding agricultural acreage. The proposed PUD adjoins Platte
Valley Airport on the north and is connected with taxiway accessibility to the airport
runway, which runs parallel to the west property line. Red Baron Estates is being developed
in conjunction with Platte Valley Airport, with each entity enhancing the other.
3. Will the property use a septic system or public sewer facilities?
Each lot will have its'own septic field designed per the I.S.D.S.R for Weld County.
Percolation Test and Soils Data has been prepared by High Plains Engineering. Septic
envelopes as recommended by Weld County Public Health will be recorded on the final plat.
If recommended, both primary and secondary envelopes will be noted.
4. Who will provide adequate water, including fire protection, to the property?
Chapter 27 of the Weld County Code in regard to water service has been addressed.
Individual well service for the eight-lot development has been confirmed. Please see
enclosed Water Supply Plan prepared by Forrest Leaf, Water Engineer, and Ruling of the
Referee and Decree of the Water Court signed by Raymond S. Diesman, Water Referee and
Roger Klein, Water Judge, both of the Water Division No. 1 on November 19, 2003. The
proposed 20,000-gallon fire protection system will be installed as designated on the
northeast corner of lot#1 by Western Clean-Up. The Hudson Fire Marshall has confirmed
that the Fire Protection District will complete the initial fill up. Subsequent water
replacement, should circumstances require, will be the responsibility of the Homeowners
Association per the Protective Covenants. Non-potable replacement water will be purchased
from a local service, A & W Water Service, located in Fort Lupton.
Change of Zone/Rezoning Questionnaire
1
S. Does the property have soils with moderate or severe limitations for construction? If yes,
the applicant shall submit information which demonstrates that the limitations can be
overcome.
Subsurface investigations, percolation testing and soils data prepared by High Plains
Engineering have confirmed little or moderate limitations for construction. Additionally,
foundation recommendations prepared by High Plains Engineering will ensure proper
construction activity. The following documents submitted to the Weld County Planning
Department, Public Works, and Public Health, regarding soil conditions are available for
review.
1) Preliminary Subsurface Investigation and Foundation Recommendations
2) Percolation Testing Results/Soils Data
3) Project Information and Drainage Report
4) Subsurface Investigation and Pavement Recommendation
6. Is the road and/or highway facilities providing access to the property(ies) adequate to meet
the requirements of the proposed zone district? If not, the applicant shall supply
information demonstrating the willingness and financial capability to upgrade the road and
highway facilities.
WCR 39 is not paved. Red Baron is proposing road development as follows: Red Baron will
enter into an agreement with the County to proportionally share the cost of improving WCR
39 from WCR 18 (currently a gravel road) to the northeast corner of the property line, with
a stabilized base for dust mitigation. Red Baron will begin paving at the northeast corner of
Lot#1 and continue approximately 45 feet past the entrance to Park's Lane along the east
property line of Lot#8. The remaining roadway bordering Lot#8 and ending with a
turnaround cul-de-sac at WCR 16 will be developed with the same technique proposed
earlier for WCR 39 from WCR 18 to Red Baron Estates. We are requesting the above road
improvement plan due to the fact that WCR 16 intersecting WCR 39 at Red Baron is
undeveloped. Additionally all access roads in the vicinity of Red Baron Estates are gravel.
Weld County currently maintains WCR 39 from WCR 20 to the northeast corner of the
property line of Lot#1. When the proposed road improvements are complete, we will
request extending county road maintenance from this point to where the pavement ends on
WCR 39. High Plains Engineering has completed a subsurface investigation and pavement
recommendation.
7. Is there a sand, gravel, or other mineral resource on or under the subject property? If so,
the applicant shall provide a mineral resource statement prepared by a certified geologist of
other qualified expert. The statement shall indicate the estimated quantity of resources and
the economic feasibility of recovery, now and in the future, of the resource(s) so that the
Planning Commission and Board of Commissioners can determine whether commercial
mineral deposit is contained on or under the subject property(ies) as defined by Colorado
Revised Statue.
The Engineering Geology Report prepared for Red Baron Estates by CDS Engineering
Corporation has confirmed that the proposed residential site is not economical to mine. In
addition, mineral research completed by Minco LLC has been addressed accordingly. The
above mentioned reports are available for review.
Change of Zone/Rezoning Questionnaire
2
8. Is the change of zone area located in a Flood Hazard Overlay District?
Red Baron Estates is not located within a flood hazard zone per a review of Community
Panels 900 and 1025.
9. Is the change of zone area located in a Geologic Hazard Overlay District?
The proposed development is not located within the geologic hazard as identified by maps
officially adapted by Weld County.
10. Is the change of zone area located in the AP (Airport) Overlay District?
The proposed development is not located within the airport overlay district as identified by
maps officially adapted by Weld County.
** PLEASE SEE ATTACHED ADDENDUM - CHANGE OF ZONE SPECIFIC DEVELOPMENT GUIDE
Change of Zone/Rezoning Questionnaire
3
Change of Zone Specific Development Guide
Please note: We request Staff Review at Final Plan
A. Environmental Impacts:
Red Baron Estates should not result in any long-term environmental
impacts, as the site is directly residential with no commercial
activity.
As the development is a fly-in community, impact from aircraft
noise will increase minimally in conjunction with the noise impact
currently exhibited at the adjoining Platte Valley Airport. We do not
foresee this as a negative impact due to the rural location and a
history of positive reception from surrounding property owners.
Waste materials from construction and residential activities shall be
handled, stored and disposed in a manner that controls fugitive
dust, blowing debris, odors, air pollution, and other potential
nuisance conditions.
Exterior illumination of homes, yards, accessory buildings,
driveways, etc. shall be restricted as follows:
a) Sources of light shall be shielded so that beams of light
shall not shine directly onto adjacent properties.
b) Neither the direct or reflected light from any light source
may create a traffic hazard to operators of motor vehicles
on public or private streets.
Individual landscaping on home sites will enhance visual aesthetic
impacts.
There will be no electrical interference impact.
Liquid and solid wastes shall be stored and removed for final
disposal in a manner that protects against surface and groundwater
contamination.
Wetland removal, erosion, and sedimentation impact will be
controlled with professionally engineered grading and drainage
guidelines. In addition, natural vegetation maintenance will be in
Change of Zone Development Guide
1
place on all undeveloped portions of individual home sites and
agricultural out lot areas.
Impacts from excavating, filling, grading, drilling, ditching, and
dredging will be temporary during the development of the
infrastructure and home site construction, and will be controlled
accordingly.
There will be little or no impact from wildlife and natural vegetation
removal as the majority of acreage on individual home sites and
acreage in the Agricultural Out Lot A will remain in a natural state.
There will be no impact from radiation/radioactive material.
Water requirements for residential use will be satisfied by individual
well service on each lot. All uses within the PUD shall maintain
compliance at all times with the Colorado division of Water
Resources requirements/standards.
Traffic impacts will be minimal due to a limited number of eight
residential lots and the nature of the fly-in community resulting in
air traffic. Increased traffic on WCR 39 accessing Red Baron Estates
has been addressed with Public Works, resulting in a road
improvement and dust mitigation plan being formulated.
B. Service Provision Impacts:
1 . Schools: Weld County School District Re-3J has advised that no
specific accommodations are required for the proposed
development in terms of future school bus activity. (See attached
Exhibit F)
2. Law Enforcement: Sketch plan recommendations from the Weld
County Sheriff's office have been addressed. The single street
name "Parks Lane" has been approved and appropriate signage
identifying the subdivision has been designated on the Change of
Zone plat. Road area has been designated to accommodate
emergency accesses.
3. Fire Protection: Installation of a 20,000-gallon underground
water cistern will enable the Hudson Fire Department to provide for
fire emergencies. The Hudson Fire Chief has given approval for the
development.
Change of Zone Development Guide
2
4. Ambulance: Road access and individual lot identification will
enable medical emergency vehicles to respond promptly.
5. Transportation: The external roadway bordering Red Baron
Estates has not yet been developed. The applicant proposes to
build and pave the designated road area on WCR 39 according to
Weld County Standards. In addition, the internal roadway and cul-
de-sac will be paved. We are requesting a waiver from curbs and
gutters, due to the rural location, extensive lot size and fly-in
nature of the subdivision. High Plains Engineering of Fort Lupton,
Colorado has completed a plan profile for developing and paving
WCR 39 (as specified) and the internal road and cul-de-sac. (See
attached Exhibit C) The portion of WCR 39 accessing the
development site from WCR 18 is currently gravel. Red Baron
Estates proposes to co-op with Weld County Public Works to
improve the road with a dust mitigation and stabilizing process.
The applicant plans to enter into an improvements agreement for
road development.
6. Traffic: Impact for the development will be minimal due to a
limit of eight single-family residential lots. The applicant is
requesting a waiver from the Department of Public Works for the
required traffic impact analysis.
7. Storm Drainage: A report on drainage issues for Red Baron
Estates as well as a storm drainage system design has been
prepared by High Plains Engineering. (See attached Exhibit E)
Accordingly, an appropriate grading and drainage exhibit will be
provided to all lot owners to be used by a registered professional
engineer in designing their individual lot and home site.
Adherence to the specified drainage patterns by individual lot
owners is addressed in the Protective Covenants.
8. Utility Provisions: Electrical service for the subdivision will be
provided by United Power of Brighton. A total of four (4)
transformers with meter pedestals providing 200 amp service will
be set in the recorded utility easements between lots 1 & 2, lots 3
& 4, lots 5 & 6, lots 7 & 8. (See attached Exhibit N) Telephone
service will be provided by Qwest Communications and set at
property lines in the recorded utility easements. (See attached
Exhibit O) Propane service will be at the discretion of each
individual lot owner. (See attached Exhibit P)
Change of Zone Development Guide
3
9. Water Provisions: Each lot will be sold with an approved well
permit for water supplied by the Denver Basin Laramie Fox-Hills
formation, at a depth of approximately 770 feet. (See attached
Exhibit A and Exhibit B).
10. Sewage Disposal: Each lot will have its' own septic field
designed per the I.S.D.S.R for Weld County. (See attached Exhibit
OJ. Percolation Test and Soils Data has been prepared by High
Plains Engineering. Septic envelopes as recommended by Weld
County Public Health will be recorded on the final plat. If
recommended, both primary and secondary envelopes will be
noted.
1 1 . Structural Road Improvements Plan: Road right-of-way for
possible future development of WCR 39 from the beginning of Red
Baron Estates to State Highway 52 will be recorded with the final
plat. Road development for a portion of WCR 39 as well as the
necessary Improvements Agreement has been previously outlined
above in item #5.
C. Landscaping Elements:
1 . The proposed development site, 43.5 acres, was previously a
junkyard with no landscaping. Extensive cleanup resulted in a
barren area with some natural vegetation returning. Lot size
requirements, internal roadway and taxiways access prohibited any
remaining open space that may have required public landscaping.
Each individual lot owner will be responsible for landscaping and
maintenance. The development water plan allows for 5,000 square
feet of lawn and garden landscaping per lot. The remaining
acreage on each home site will remain in native vegetation to be
maintained accordingly with mowing, weed control, etc.
Landscaping maintenance requirements are outlined in the
Protective Covenants. The 80-acre agricultural out lot borders
undeveloped WCR 39 to State Highway 52. It is narrow and
unsuitable for any type of public use. This area will be left in
natural vegetation. As the 80-acre parcel will remain suitable for
agricultural use, the property may be leased for pasture or non-
irrigation crop farming at some future time. If necessary, weed
control will be maintained by mowing and chemical treatment.
Guidelines on establishing a weed management plan from Ron
Broda, Weld County Public Works department, will be implemented
accordingly. This agricultural parcel (Out Lot A) will be maintained
by Red Baron Development.
Change of Zone Development Guide
4
D. Site Design:
The proposed development site is mostly flat land with a few minor
elevation points, which will be used to complement home sites and
enable better visibility of the runway and mountain view. No
irrigation ditches are present on any portion of the property.
The proposed Red Baron Estates PUD is consistent with the goals
and policies of Section 22-2-190 as follows:
Water well and septic, electricity, telephone, propane services,
external and internal roadway access, signage, environmental
impacts, public services such as postal, school, and health and
safety issues have all been addressed and established accordingly.
Red Baron Estates Protective Covenants will ensure a quality
environment free of unsightly materials.
Red Baron Estates will be compatible with surrounding land uses
within the PUD Zone District. The eight residential lots are
bordered on the southeast and southwest by agricultural acreage.
The proposed PUD adjoins Platte Valley Airport on the north and is
connected with taxiway accessibility to the airport runway, which
runs parallel to the west property line. Red Baron Estates is being
developed in conjunction with Platte Valley Airport, with each entity
enhancing the other.
Red Baron Estates is not located within a flood hazard zone per a
review of Community Panels 900 and 1025. Additionally, the
proposed development is not located within the geologic hazard or
airport overlay district as identified by maps officially adapted by
Weld County. As the home sites will adjoin Platte Valley Airpark, all
development and building regulations, height restrictions,
easements and setbacks from airport facilities have been
established in the Protective Covenants per FAA regulations.
E. Agricultural Out Lot Usage:
Red Baron Estates is unique in its' intent, that is to be a flying/fly-in
community. The sole purpose for individuals purchasing one of the
eight residential lots will be for the pleasure and benefit of
homeowners who wish to fly and enjoy their aircraft on a daily
basis.
Change of Zone Development Guide
5
Due to the required acreage per lot to satisfy water and septic
regulations, and land designated for road and taxiway
requirements, there are no common open space areas directly
within or accessible from the residential development. The
remaining 80 acres of undeveloped land in the PUD is located south
of the residential development, running parallel with undeveloped
WCR 39 and ending at State Highway 52. The unusual and narrow
configuration of the property, lack of irrigation water and public
inaccessibility, renders it virtually impossible for any type of
recreational use. The most appropriate usage for the agricultural
land will be animal grazing or non-irrigation farming. In lieu of
these options, the agricultural out lot A will be maintained with
weed control managed by Red Baron Development. Again, the low
density and uniqueness of the flying/fly-in community presents
little demand for additional recreational areas.
The Red Baron Homeowners Association has been established. By-
laws and Articles of Incorporation are available for review. Red
Baron Protective Covenants are currently in draft form and will be
finalized and recorded with Weld County prior to the sale of the
first residential lot.
F. Signage:
Signage for Red Baron Estates will be minimal. An entrance sign to
be located on the southeast corner of lot #1 will be constructed
according to requirements outlined by the Weld County Sheriffs
Office. The Homeowners Association will maintain this sign.
A single street sign pursuant to the Uniform Building Code will be
installed on the southeast corner of lot #1 in the designated
easement locating "Parks Lane" and Weld County Road 39. High
Plains Engineering has prepared design and installation plans for
street signage.
A single stop sign, pursuant to the Uniform Building Code, will be
installed on the northeast corner of lot #8 in the designated
easement. High Plains Engineering has prepared design and
installation plans.
No commercial signage will be allowed within the residential
community per the Protective Covenants.
Change of Zone Development Guide
6
G. MUD Impact:
N/A
H. Intergovernmental Agreement Impact:
N/A
Change of Zone Development Guide
7
Application and Referral Overview
(Re: Letter of May 12, 2003 - Department of Planning Services)
Note: The development concept has been changed to eight (8) residential
lots, approximately 4.5 acres each, with an 80-acre non-buildable
agricultural out lot.
No animal units, other than domestic, will be permitted per the Red Baron
Restrictive Covenants. No additional water is required.
Due to the fact that hangar size varies due to aircraft type, and the
possibility of homeowners designing detached intergenerational of
auxiliary quarters, we are requesting a variance from 4% to 8% for
combined gross floor area of all accessory buildings, as outlined in
section 23-3-440J of the Weld County Code.
Water Service: Chapter 27 of the Weld County Code in regard to water
service has been addressed. Individual well service for the eight-lot
development has been confirmed. Please see enclosed Water Supply Plan
prepared by Forrest Leaf, Water Engineer, and Ruling of the Referee and
Decree of the Water Court signed by Raymond S. Diesman, Water Referee
and Roger Klein, Water Judge, both of the Water Division No. 1 on
November 19, 2003. (Exhibit A and Exhibit B)
The proposed 20,000-gallon fire protection system will be installed as
designated on the northeast corner of lot #1 by Western Clean-Up. The
Hudson Fire Marshall has confirmed that the Fire Protection District will
complete the initial fill up. Subsequent water replacement, should
circumstances require, will be the responsibility of the Homeowners
Association per the Protective Covenants. Non-potable replacement water
will be purchased from a local service, A & W Water Service, located in
Fort Lupton.
Letters from Weld County School District RE-3(J) and the Fort Lupton post
office are included with the enclosed commentary resolutions to `PUD
Sketch Plan Concerns" specifically in response to the Weld County
Sheriffs office.
The applicant met with Peter Shei, Civil Engineer, for the Weld County
Department of Public Works, on October 6, 2003. Subsequent
development options are outlined in the enclosed document "PUD Sketch
Plan Concerns".
Application and Referral Overview
1
Although Red Baron Estates is adjacent to the Platte Valley Airport PUD,
the development is still rural in nature. The adjoining airport is
exclusively hangar/aircraft storage, non-residential. The infrastructure
consists of taxiways, for aircraft use only. There are no internal streets,
curbs, gutters, etc., associated with a residential PUD. For this reason,
we are requesting a waiver from Weld County Code Sec. 27-2-190,
defining Red Baron Estates as an urban development. Paving will be
completed on a designated portion of WCR 39 and the entrance road and
cul-de-sac "Parks Lane", however, we are requesting a waiver from the
requirements of curbs, gutters, and sidewalks. The extensive lot size,
4.5 acres, will result in the houses being built in close proximity to the
aircraft taxiways rather than the main road and cul-de-sac. The nature of
the fly-in community dictates very little pedestrian traffic.
The Sheriff's Office and Geologic Survey Concerns have been addressed
in the enclosed "PUD Sketch Plan Concerns."
Mineral owners and leasehold owner research has been completed by
Minco, LLC. Accordingly, surface use agreements are in process from
Patina Oil and Gas Company (Exhibit I) and Kerr-McGee Rocky Mountain
Corporation (Exhibit J). In addition, Red Baron has negotiated the
relocation of the Duke Energy Pipeline currently interfering development
on Lots 1 ,2,3,7,8 (See attached Exhibit K). Red Baron Development will
notify mineral owners accordingly prior to the change of zone hearing.
Regarding the 80-acre Agricultural Out Lot: If a proposed use for the
area dictates leasing the pasture land for animal units, the lessee would
be solely responsible for supplying an outside water source. There will
be no requirement from the Colorado Division of Water Resources, as no
underlying water will be used. The well permits obtained for the
residential lots are designated for domestic/household use and have
limited restrictions for landscaping. Lot owners are prohibited from
using a domestic well for irrigation purposes per the Protective
Covenants. Additionally, lot owners may not maintain animal units, other
than domestic, thus they would be prohibited from supplying water for
any livestock maintained on the agricultural out lot area.
County Road Impact Fee: Pursuant to Ordinance 2002-11 , Red Baron
Estate lot owners will adhere to the fee structure of $1 ,987.00 for one
single family detached dwelling as outlined in Table 20.1 , Section 20-1-
130. Per Section 20-1-40, the road impact fee will be collected from each
individual lot owner at the time of a building permit for the home site.
Application and Referral Overview
2
The Platte Valley Airpark General Partners DBA Colorado Airpark
Associates, Inc., has given approval for ongoing use of airport facilities,
i.e. runways and taxiways accordingly.
Red Baron Estates and Platte Valley Airpark (PVA) owner's agreement:
PVA is operated and managed by the general partnership, as outlined in
the attached reference from the Platte Valley Airpark Certificate of Limited
Partnership. A mutual agreement between Red Baron Estates and PVA is
in place, per the enclosed Option to Purchase Runway Access, dated
February 5, 2003 and subsequent enclosed easement agreement,
prepared by attorney, John C. Latta, signed and notarized by the General
Partnership on December 2, 2003.
School district RE-3 concerns have been addressed. Please see letter
dated 6/30/03 from Weld County School District, included in the
enclosed "Sketch Plan Concerns" document. (Exhibit F)
Application and Referral Overview
3
Exki 2r
High Plains Engineering
t, n 735 Denver Avenue • fort Lupton CO 8062 I
Phone 303-857-92W • fax 303-857-9238
•
PROJECT INFORMATION AND DRAINAGE
REPORT
Prepared For:
Red Baron Development
Attn: Marilyn Taylor
7507 WCR 39
Fort Lupton, CO 80621
Job Site Located At:
Red Baron Estates, P.U.D.
Weld County, Colorado
November 25, 2003
JOB # 03-3700
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TABLE OF CONTENTS
SITE DESCRIPTION PAGE 2
PURPOSE OF STUDY PAGE 2
PROJECT DESCRIPTION PAGE 2
DRAINAGE BASINS PAGE 3
HYDROLOGY PAGE 4
CONCLUSION PAGE 4
REFERENCES PAGE 4
APPENDICES PAGE 5...
1
SITE DESCRIPTION:
This study was prepared for the proposed Red Baron Estates, P.U.D. located in
a part of the SE ' of Section 30, the East ' of Section 31, T2S, R65W of the
6th P.M., and a part of the NE ' of Section 6, TIN, R67W of the 6`h P.M,, Weld
County, Colorado. This site is located south of the existing Platte Valley
Airport.
This entire tract consists of 123.5 acres more or less with 43.5 acres (slated) for
eight (8) residential lots and the remaining 80 acres designated open space as
required by Weld County. The proposed residential lots have a relatively
rolling topography with a gradual slope to the east. The existing residential site
is vacant with native vegetation and no trees. Each lot will be required to
provide a separate retention area.
The residential site contains a minor drainage way that flows to the east from
the high point at the end of the cul-de-sac and will cross the proposed WCR 39.
Two major drainage ways exist through Outlot A of this property.
PURPOSE OF STUDY:
The drainage study was prepared for this site to store the storm water on the site
in several retention areas. The drainage for the each lot will be stored in a
storm water retention pond located in the low area of each lot.
This drainage study was performed in accordance with the "Adams County
Storm Drainage Design and Technical Criteria Manual, February 1989".
PROJECT DESCRIPTION:
The project site encompasses approximately 123.5 acres and is presently vacant
land with no substantial offsite runoff. Eight residential lots are planned with
4.50 acres each. The site will be served by a paved public road (WCR 39)
bordering the sub-division beginning at the northeast corner of Lot 1 and
extending approximately 100 feet south of the subdivision entrance along the
east property line of Lot 8. The remaining roadway bordering Lot 8 and ending
with a cul-de-sac at WCR 16 will be surfaced with gravel and a dust mitigation
technique. A paved road with a cul-de-sac will provide access to all of the lots.
All taxiways accessing the neighboring Platte Valley Air Port will be paved.
Outlot A consists of 80 acres and will not be developed.
2
Each lot of this project will consist of a minimum 1600 square foot (sf) ranch
home or a 2000 sf minimum two story home. See 6.2 of the subdivision
covenants for additional details with regard to home size. The calculations have
assumed a value of 3400 sf for each house.
Section 6.3 of the covenants addresses the hangar and accessory building
specifications. The combined gross floor area of all accessory buildings
constructed on lots shall not exceed eight percent (8%) of the total lot area.
However, in no case shall such accessory buildings exceed twice the gross floor
area of the primary residence. This drainage study assumes gravel parking
driveway areas. There will also be landscaped and native areas as shown on the
attached site map.
The soils encountered on this site from the Soil Survey of Weld County, CO by
the USDA Soil Conservation Service is Valent. This soil has a hydrologic
group of "A", where low runoff volumes in its historic state can be expected.
There is little threat of flooding with this type of soil. The existing drainage
way also consists of Valent soil.
All runoff from the impervious areas shall be directed to the retention pond
located in on each respective lot (see attached site map).
DRAINAGE BASINS:
Each lot will be considered independently; therefore the proposed development
of each lot has a single basin area. Surface runoff from on site areas of the
designated watershed shown on the attached map is considered to be historic
flow. The historic flow will continue to infiltrate into the surface as it has in the
past.
Outlot A contains two drainage ways that cross the WCR 39 right of way. The
first crossing is located approximately 250 feet north of the East 'A corner of
Section 31. The second crossing occurs 650 feet south of the Southeast corner
of Section 31. The flows will not increase with this development and will
remain at their historic rate. Future development of WCR 39 will require cross
road culverts at these two locations.
3
HYDROLOGY:
The gravel, landscaped and native areas will carry the flow from each lot to the
retention pond. This storm runoff from each lot will drain into the retention
pond located on the lot. The retention pond will have an overflow section to
protect the embankment in the event that the 100-year storm event is exceeded.
CONCLUSION:
This drainage plan attempts to minimize the impact of the development of this
project on the surrounding properties. There may be a negligible increase in
storm flows from this site, however the drainage plan proposed herein should
effectively contain and control these flows at or below historic rates.
REFERENCES:
"Adams County Storm Drainage Design and Technical Criteria Manual,
February 1989".
4
APPENDICES:
Drainage Study Computations:
Computations for the 8 lot Residential Area:
Asphalt Paved Street = 22,250 sf @ 95% Impervious
Asphalt Paved Taxiways = 50,250 sf @ 95% Impervious
Buildings* = 60,800 sf @ 100% Impervious
Aggregate Shoulders and Gravel Drives = 9,470 sf @ 40% Impervious
Native/Landscape Area =1,752,090 sf @ 2 % Impervious
Total Area =1,894,860 sf
*Assumes 3400 sf house and 4200 sf outbuildings per lot.
Area Imperviousness:
I = (72,500 sf) 95% + (60,800)100% + (9,470) 40% + (1,752,090 sf) 2%
1,894,860 sf
I = 8.90%
Storage required for 8 lot residential area:
4.8 inches x 1,894,860 sf= 757,944 cubic-feet x 0.089 = 67,457 cf
12 inches/foot
Storage volume required per lot 4 67,457cf/ 8 lots = 8433 cf
Typical Retention Pond Sizing:
Typ. Elevation Area Vol. (Cu. Ft.) Cumulative Vol. (Cu. Ft.)
100 3600
101 4900 4,233 4,233
102 6400 5,633 9,866
* Volume Required = 8,433 cu. ft.
Check: 8,433 cu. ft. < 9,866 cu. ft. o.k.
5
WELD COUNTY, COLORADO, SOUTHERN PART 133
TABLE 14.--SOIL AND WATER FEATURES--Continued
Flooding High water table Bedrock '
Sois name and lilt
`..I : : : : Potential
map symbol I Frequency Duration Months Depth : Kind Months Depth Hard- I frost
lob ness : action
Ft In
Shingle : D None --- : --- >6.0 --- , --- 10-20 Rip- ;Low. u
1 ' : pablel
7, 38 : B None r --- : --- >6.0 r --- : --- 20-40,Rip- :Low.
Nelson : : : : : : pable:
9, 40, 41 , 42, I :
43 I C 'None ' --- --- >6.0 --- 1 --- >60 --- Moderate.
Nunn
4, 45, 46, 47, r : .
48 : B 'None --- --- >6.0 --- --- >60 --- Low.
Olney : :
9 I A None --- : --- >6.0 --- --- >60 --- Low.
Osgood
0, 51 , 52, 53----' B None --- : --- >6.0 --- --- >60 --- Low.
Otero : I
4, 55 : B ;None to rare --- : --- >6.0 --- --- >60 --- Moderate.
Paoli
,
6, 57 ' C 'None --- : --- >6.0 --- --- 20-40 Rip- Low. I,
Renohill : ' pable
i
8, 59 : D iNone --- --- >6.0 --- --- 10-20 Rip- Low.
Shingle ' : gable .
Sh: e : D :None --- --- >6.0 --- --- 10-20 Rip- Low.
pable
Renohill I C :None --- >6.0 --- --- 20-40 Rip- Low. �'
---
pable
1 1 0 None --- >6.0 --- --- 10-20 Rip- Low.
Tassel : pable
63 1 B None --- >6.0 --- --- 20-40 Rip- Low.
Terry : pable
4, 65 : C None --- --- >6.0 --- 1 --- 20-40 Rip- Low.
Thedalund : r pable
r r �
i, 67 : C None --- ---
>6.0 --- : --- >60 --- Low.
Jlm
r r
3* : A :None r --- --- >6.0 : --- : --- >60 --- Low. '
Jstic
Torriorthents :
r r r r
r r r r
3, 70 : A :None I --- ' >6.0 : --- ' --- >60 --- Low.
talent
I« i
r r
Jalent I A iNone : ' --- >6.0 : --- --- >60 --- Low.
: I :
,oup i D :Rare to :Brief 1 Mar-Jun ♦.5-1.5IApparent:Nov-May >60 --- Moderate.
I common. : •
?, 73, 74, 75, I 1 I : : I
76, 77 : B 'None I I --- >6.0 : --- 1 --- >60 --- Low.
Vona '
footnote at end of table.
WELD COUNTY, COLORADO, SOUTHERN PART 127
TABLE 12.--ENGINEERING PROPERTIES AND CLASSIFICATIONS--Continued
Classification IFrag- Percentage passing
--
,oil name and Depth USDA texture mints sieve number-- :Liquid Plas-
map symbol : Unified 1 AASHTO 1 > 3 : 1 limit ticity
;inches 4 1 10 40 : 200 : index
-�---- — -- In : Pet : Pct
56, 57 0-9 Clay loam ICL 1A-6 0 85-100:80-100 80-95 :70-80 : 25-40 10-20
Renohill 9-32 Clay, clay loam :CL, CH :A-7, A-6 0 95-100190-100 90-100175-95 : 35-65 20-35
32 Weathered ---
bedrock.
I
58, 59 0-6 Loam 1CL-ML 1A-4 0-5 75-100 75-100 70-95 155-75 1 25-35 5-10
Shingle 6-18 Clay loam, loam 1CL :A-6 0 75-100 75-100 65-100150-80 : 30-40 10-20
18 Unweathered --- ' --- --- --- 1 --'
bedrock. . :
: : I
60*: :
Shingle 0-6 Loam :CL-ML 1A-4 0-5 75-100 75-100 70-95 155-75 1 25-35 : 5-10
6-18 Clay loam, loam 1CL :A-6 0 75-100 75-100 65-100150-80 1 30-40 1 10-20
18 Unweathered : --' ' --- 1 --- : ---
bedrock. I I 1
Renohill 0-9 Clay loam CL :A-6 0 85-100 80-100 80-95 170-80 1 25-40 10-20
9-32 Clay, clay loam CL, CH 1A-7, A-6 0 95-100 90-100 90-100175-95 1 35-65 20-35
32 Weathered ___ ___ ___ ___ ___ ___ ; ___ : ___ ---
bedrock. I
I : :
61 0-11 Fine sandy loam ML, SM :A-4 0 95-100 90-100 70-95 140-65 : 20-35 NP-5
Tassel 11 Unweathered --- --- --- --- --- --' : --- : --- ---
bedrock.
62, 63 0-6 Fine sandy loam SM, ML A-2, A-4 0-5 75-100 75-100 70-90 130-60 --- NP
Terry 6-18 Fine sandy loam, SM, ML A-4 0 75-100 75-100 70-85 140-60 --- NP
sandy loam. 1
18-37 Fine sandy loam, SM A-2, A-4 0-5 75-100 75-100 70-85 125-50 --- NP
sandy loam,
loamy fine
sand.
37 Weathered --- --- --- ' ---
bedrock. 1
:
64, 65 0-8 Loam CL-ML A-4 0-5 80-100 75-100 70-95 150-75 1 20-30 5-10
Thedalund I
8-25 Clay loam, loam, CL-ML, A-6, A-4 0-5 80-100 75-100 70-95 140-80 1 25-35 5-15
very fine sandy CL, :
loam. SM-SC, :
SC
25 Weathered --- --- --- --- --- --- --- 1 --- ---
bedrock.
:
66, 67 0-5 Clay loam CL A-6 0-5'• 95-100,95-100 80-100 70-80 30-40 1 10-15
Ulm 5-19 Clay loam, clay CL A-6, A-7 0-5 75-100:75-100 75-100 60-80 35-45 : 20-30
19-60 Clay loam CL A-6 0-5 75-100175-100 75-100 60-80 30-40 : 15-20
68* 0-60 Variable --- --- --- --- : --- --- --- --- : ---
Usti- '
Torriorthents
: :
69, 70 0-8 Fine sand SM A-2 0 100 1 100 80-95 110-30 --- NP
Valent 8-60 Fine sand, sand SP-SM, SM A-2, A-3 0 100 195-100 75-90 : 5-20 --- NP
71*: : :
Valent 0-8 Fine sand SM, A-2 0 100 1 100 80-95 10-30 , --- : NP
8-60 Fine sand, sand SP-SM, SM A-2, A-3 0 100 195-100 75-90 5-20 --- : NP
:
Loup 0-16 Loamy sand SM A-2 0 100 : 100 50-100 15-30 1 --- 1 NP
16-60 Fine sand, loamy SP-SM, SM A-2, A-3 0 100 1 100 65-100 5-20 : --- NP
sand, sand. ' 1
:I
See footnote at end of table.
1:,JMall ill ' Maximum tj- .ub m" Maximum ., I Lowe,I ra-Irti,;' rag V. I :., rin, , pr
�--. dra xal. Lnu i ;:r, f IIY:Y, ' COW rJ r.- I ;d.Le , ; .vl • I„
in.-4 , , 1a.
t:rriuuar fS„
Example 10 is an example of the sequential detention procedure.
14.8 DESIGN STANDARDS FORAZfjiK,
14.8.1 Facility Requirements
When the County determines that stormwater retention must be employed for a
specific development, the facility shall be designed using the following cri-
teria:
1. The minimum retention volume shall equal the runoff from a 100 year
storm of 24 hour duration (i.e. , storm depth of. 44.44040). No credit
shall be taken for infiltration in establishing the minimum volume.
2. An overflow section shall be provided for the detention facility that
will protect embankments from overflow resulting from a 100 year storm
when the pond is full and the tributary area is fully developed.
3. She slopes shall not be steeper than four horizontal and one vertical.
4. One foot minimum freeboard above the maximum retention volume water
surface.
5. The applicant must evaluate or assess the impacts of the retention
facility on local groundwater levels and the potential for damage to
nearby properties.
6. A slow release will be permitted of .25 cfs or less if the small flows
will be conveyed to a major drainageway and will not cause nuisance
conditions such as icing on highways.
7. This policy does not relieve the land developer of making permanent
detention improvements on hie property as a condition of subdivision
approval.
8. A drainage maintenance easement shall be granted to the County to
ensure that emergency maintenance and access can be legally provided to
keep the facility operable. This easement may be vacated when the
retention pond function is no longer needed.
9. Acceptable alternatives to these requirements may include:
a. Agreements among landowners wherein historic flow rates are
exceeded by upstream landowners and will be accepted by downstream
landowners. Such agreements are subject to review by the Director
of Engineering.
b. The developer providing offsite drainage improvements to convey
stormwater, at historic rates, to an acceptable outfall point.
14-8
ACSDDTC February 1989
Ped Baro „ • Estates P . U . D . '
Being a part of the Southeast 1/4 of Section 30. RETENTION POND OPTIONS
the East 1/2 of Section 31, in Township 2 North,
Range 65 West of the 6th P. M. , GRAPHIC SCALE 1 "=100 '
and a part of the Northeast 1/4 of Section 6. 110• 8D•
Township 1 North, Range 65 West of the 6th P. M. , —a-MiiimilillaiminiMIMM
County of Weld, State of Colorado . 100 50 0 100 200 400 03 m
SOUTHEAST CORNER SECTION 30. TRIANGLE SQUARE
FOUND 3/4" REBAR WITH 3 1/4"
ALUMINUM CAP LS 13155.
OIL WELL WITH 1 ' "RED BARON ESTATES" 25 X 25 SII mw am I Ij 0 ORARO
EA a.. S�VUULL Y�BUIL
RADIUS EASEW'N . r '\\ENTRANCE SIGN LOCATE'IO•� �IANGLES SIS QE_BEABIt S_— I \S - yA0 I I $_
...• .. iii i i r e. .. •:i4: !'dx% .,, .. �.. ...."dcr �
197. 61 'w'.F+./iI� + 1.hrX?�!��aki0�i/►/wwry rr�r r Fi� wfr i ► i _ _� _ _ __ SLIM RECTANGLE
25.3 �S mk4rr- =��-- ��. 1 G L 1� RECTANGLE
OIL TANKS WI'VH 201' � 7 1•r3. b PROPOSED RELOCATION Oy't,r•F' 643.21' ��' . ' 9 \ _ \
RADIUS EASEMENT. �� J _ A/ 500DUKE ENERGY EASEMEN ` \__ _ / 8J�___ \ - 50' DUKE N RGA
1 ,�'� �. _ 50' DUKE NCRGY 54 1 ? a�'a�/ I@�6� ;,1 I�1 v� " b�� �� 10 a Ll i \ _ l� 1 �t
63.2,0 I R<1Sp. L ` //:' V - - ! Y. ` / �/I ' 5
P \ I 1 / r."" \ r / N '` I / -7ji ji ' RETENTION POND SECTION
25' X 25• FIRE CISTE !E5�I k/� /195939 50. FF � 'iii; 195/940 DSO. FA. I X d / �� ' N
EASEMENT \ r- " / — 4Y. 50 ACRES +/-\ \ n j,. \ 4 . 5d ACRES +(/ / / a / / / \
�. 1" . 25' % 2.8' POSTA.• :r'A; \ - _ / / \ _ / \;
N S00'00'00•w 683. f iE' EMENT. \ I 'E* i / i l t N / V
/ ?S f 04 I ( (soo 00 od'w �7Y.s3' I i
.� ;t� " - f; 50' CA'LPINE GAS ASEME T A2 '
DO I LOT 2 / 4 1W }o
�.. ( / Q, REC ED MAY 21. 2003 AT ��'/
I
195940 50. F - - is �L0T 71 ' '/ I m "-RECEPTION NO/306477% 'j' \
1 / 4 . 50 ACRES + vv 1/' m i ) / 4- ( i.g"�.,-
1 K4 ID
g, P 1 1 / \ / 0'�'=-__ % '1135941 SO. F T./ / I V ; r.
b I / \ — yJl _ _ _4 5Q ACRES +/- f
O 1 S02'08'47' 88 ¢5' ,_ t3�►�:� ' SOO'24\03'E 698_68' I�! / /-/
, isv �_I ) i ' / (frides\-- - - N, N a}
4I / \195940 50. FT. \ � c� q/
\19S9S -
( 4. 50 ACRES +/ ���' ( I /Vp\\ . AC ,i 25 TAX I�A I \ v 111 �
\Dc a — , ^/
/ - \ -pO \09• I
�� 1 / may ' / IE sw � �
505'57'11"E. \ 10
C OIL WELL WITH 15• �;.I 1r5.6]'�`j0 \\ �. \ �1 SOT 5 X /\ \�T� ° / VICINITY NAP
CD
,• RADIUS EASEMENT P' . a`Z \ LOT 4 i \� _ /////v I �� 14 . 50
195940 SO. F� \\ g5.� �'- / /� ///CD A
� s, /��'' 1195941 S . E'T . \ Sm.,.
0 4 . 50 ACRES + ' /
v/ 46". 4'. J� ACRE +/- �i ' /' \ \ \/ I //// //// //'1Z • AREAS AS TO BE1PGEDvExENr
\ )1 ' l OR GRAVEL
TO BE PAVED
I / Sp\//
/ I ( I \ f l �r�// •} 4 fJ4tVEL AREAS
it. y_ -' ">` 36SOe1 s -," / 709 113.----- A.92 i //.�///�' F
4O, A v �� 4, 2 6 ,L -S •0 /% /////� ���
A 3 129•ft. / ///
\ 1 ��������� I - /////�//////// 104114°In v PLK A�L MAY ��I m ����
,,yl� DRAINAGE 6 GRADING PLAN FOR RED BARON
'
��uPPP ESTATES P.U.D., WELD COUNTY. COLORADO
WCR 39 CUL-DE-SAC
LINE RADIUS DELTA ARC CHORD C BEARING /� I HIGH PLAINS ENGINEERING
OS
CI 25.00' 73'00'09' 31.85' 29.74' 835'30'10'N PARKS LANE CUL-DE-SAC "'�DOWER'A� �^wLvineT°16Lvza
C2 60.00' 253'00'11' 264.95' 98.18' N63'29'53'N LINE RADIUS DELTA ARC CHORD CIS BEARING �rAs PEVISIp6 0r [NIL CONTACT: MARILYN TAYLOR
LI 90O'00'00'E 3.16' CA 25.00' 52'19'18' 22.83' 22.05' 863'50.05"E ,
C2 80.00' 61'05'06' 69.32' 66.08' N88'13'ICH M w�r ' '-
. SCALE, AS NOTED
C3 65.00' 81.13'43' 92.15' 84.83' S40.36'52'11 -
4.
RUPP OPIEil-30-03
Cl 65.00' 81'1343' 92.18' 81.63' N10'36'Of'N �� -
� i L;
CS 65.00' 81'08'08' 89.32' 68.08' $68•f3'15'N "' PP..r,., Sr, .n1 NO. 03-3700
d
,-, High Plains Engineering
N 1*- 735 Denver Avenue • Fort Lupton CO 80621
Phone 303-857-9280 • Fax 303-857-9238
Red Barron Development
Attn: Marilyn Taylor
7507 Weld County Road 39
Fort Lupton, CO 80621
March 12, 2003
RE: Pavement recommendations for Weld County Road 39 and Parks
Lane for the Red Barron P.U.D., Weld County, CO
Job # 02-2846
To Whom It May Concern:
The purpose of this letter is to provide the pavement recommendations for
the proposed subdivision lane and Weld County Road 39. The subsurface
investigation indicated sandy soil that is from the Valent series. The
subgrade materials are expected to be sandy clay and sandy silt, The
poorer of these materials classify as A-3 in the AASHTO soil classification
system. These would typically be described as "fair to good" pavement
subgrade materials.
The following minimum preliminary pavement sections are recommended:
1 . Main drives, truck drives and fire lanes.
a. 5.5 inches full-depth asphalt
b. 3 inches asphalt on 6 inches granular base
c. 5 inches concrete
We recommend the 5 inch concrete pavement be used for loading areas
and areas where concentrated truck turning movements occur, including
trash dumpster areas.
Prior to placement of the pavement sections, the entire area shall be
stripped of all organic matter and debris. The exposed surface shall then
be proof rolled with a heavy pneumatic-tired vehicle. Any soils that are
pumping or deforming excessively under the moving wheel loads shall be
removed and replaced with a properly compacted and approved
material.
All fill placed in the pavement areas will be generally sandy silts and shall
be compacted to at least 95 percent of the maximum standard proctor
density (per ASTM D-698) plus or minus 2% from the optimum moisture
content. In cut areas, the upper one-foot of the subgrade shall be
compacted to the above criteria.
The granular base shall meet CDOT specifications. The use of Class 2
aggregate is suggested. The base course shall be compacted to at least
95 percent of the maximum modified proctor density per ASTM D-1557.
The asphalt (hot plant mix) shall also meet CDOT specifications. We
suggest a specific job mix formula meeting Grading C (3/4 inch) be used.
The asphalt mix shall have a minimum Marshall stability of 1,800 pounds
and a flow of between 8 and 16 (ASTM D-1559). The asphalt shall be
compacted to at least 95 percent of the density obtained from the
laboratory specimens made in accordance with the Marshall method.
Concrete used for the pavements shall meet CDOT specifications.
Sincerely,
RE Z-e''`'
/ cFq •
Todd M. Schroe er, E$35*-48
V �
�ss70NAL E��
•
2 �Y
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Page 1 of 1
Subj: Red Baron
-- Date: 10/29/2003 12:48:30 PM Mountain Standard Time
From: Gloria.Hice-Idler@DOT.STATE.CO.US (Hice-Idler, Gloria)
To: mtpval@aol.com
Marilyn,
Thank you for your phone call concerning projected right-of-way need along State Highway (SH) 52, west of
Hudson.
Based upon projected traffic volumes, the right-of-way need is 100' north of the highway centerline. The 100'
should be protected by reservation or dedication as per Weld County direction.
Call if you have any questions.
Gloria
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Wednesday, October 29, 2003 America Online: MTPVA1
Exki6i f--
Weld County School District Re-3(J)/95 West Broadway/P.O.Box 269/Keenesburg,CO 80643
Tel:(303)536-2000/Fax:(303)536-2010 WELD
June 30, 2003
Ms. Cheri T ockman
Weld County Department of Planning Services
1555 North 17th Avenue
Greeley, CO 80631
Re: Case Number PK-1035
Dear Ms. Lockman:
Weld County School District Re-3(J) will designate one location on either WCR 39 or
State Highway 52 that will serve as the bus pick-up and off-load area for the nine
residential lots of this PUD. This arrangement will not require specific accommodations
be made by the applicant for pick-up and off-load purposes.
Sincerely,
Marvin Wade, Ed.D.
Superintendent of Schools
Weld County School Dist RE-3J
Postmaster
UNITED STATES
W POSTAL SERVICE
July 2, 2003,
To: Marilyn Taylor
Platte Valley Airpark
7507 WCR 39
Fort Lupton, CO 80621
From: Bruce Born
Officer in Charge
Fort Lupton Post Office
Re: Site Location for Neighborhood Box Unit (NBU)
Dear Ms. Taylor,
Per our discussion the NBU location on the southwest corner of Lot 1 is acceptable.
Please find enclosed the necessary requirements for the concrete base.
In addition here are the names of two suppliers. The Postal Service orders from
American Locker Group Inc. but the choice is yours. We also order the fiberglass or
plastic units as they weather better in our climate.
American Locker Group Inc Auth-Florence Manufacturing Co.
608 Allen St. 591 Mitchell Rd.
Jamestown, NY 14701-3966 Glendale Heights, IL 60139-2582
1-800-828-9118 1-800-275-1747
You can check with the manufacturer for their recommendations but we prefer the
units that also have the parcel lockers.
As per our conversation, the Postal Service will maintain the locks. However, when
the renter moves out, the locks should be changed and there is a $15 fee to change
the locks.
Respectfully,
Bruce Born
Officer in Charge
FORT LUPTON POST OFFICE
533 4Th Sr
FORT LUPTON,CO 80621-9998
303-857-4734
•
it,
DEPARTMENT OF PLANNING SERVICES
Code Compliance Division
Website: WWW.CO.WELD.CO.US
QE-mail Address: bsalzman@co.weld.co.us
1555 N. 17th Avenue, Greeley, CO 80631
COLORADO Phone: (970) 353-6100, Ext. 3540
Fax: (970)304-6498
April 2, 2003
Red Baron Development
Go Marilyn Taylor
7507 CR 39
Fort Lupton, CO 80621
Legal Description: VI-0000339 Part of the SE4 of Section 30, T2N, R65W and part of the E2E2 of
Section 31, T2N, R65W of the 6`" P.M., Weld County, Colorado
Dear Ms. Taylor:
The Weld County Department of Planning Services Staff has closed the zoning violation case on your
property as the Noncommercial Junkyard consisting of derelict vehicles, dilapidated structures and
miscellaneous debris has been removed from the property.
Thank you for your cooperation in this matter. Should you have any questions regarding this letter,or if you
need any further information, please feel free to contact me at the above address, telephone number or e-
mail address.
Sincerely,
ual V
Bethany Salzman
Zoning Compliance Officer
pc: VI-0000339
Sheri Lockman, PK-1035
SERVICE,TEAMWORK,INTEGRITY.QUALITY
Weld County Department of Planning Services
! ' j Inspection Report
IIar, 1555 N. 17th Avenue
COLORADO Greeley, CO 80631
Date of Inspection: 1�1,
Permit/Case No.: \l-� C
PropertyOwnerName: -fie_ , \ y\ L
Address
Upon a visual inspection of the property listed above,the following items were
noted:
C (.x c •
.-` • cry L` �P
Inspectionby: :) ContactName:� . 1•'s.:frci
Contact Phone Number: 970-353-6100. Ext. 3540 f r
Copy of this inspection was: O Left on site Mailed on: L-t— ""LJ"'Pictures on file: o Yes ,D.No
--EKki 6i-I-/ I
Page 1 of 1
Subj: Surface Use Agreement
Date: 12/1/2003 5:06:52 PM Mountain Standard Time
From: DPADGETT@patinaoiLcom (Dave Padgett)
To: mtpval@aol.com
CC: DSIPLE@patinaoil.com (David Siple)
Dear Marilyn, pursuant to our recent conversation, please feel free to
express to the Weld County Department of Planning Services that Patina
Oil &Gas Corporation ("Patina") and Red Baron Development are in the
process of negotiating a Surface Use Agreement("SUA")for your 8 tract
subdivision adjacent to the Platte Valley Airport. The SUA will provide
for relocation of a gas flowline and access road as well as fencing
around the Hobday#1 well and production facilities. These relocations
and improvements will be at the expense of Red Barron Development.
Patina should complete the SUA and forward the same for your review
within the next week to ten days. Subject to your and Patina's
management approval, I see no reason we can't have a fully executed SUA
before the end of the year'03. It is my understanding you are looking
to schedule your first hearing shortly thereafter. Assuming we complete
the SUA before your first hearing, my experience is you should have no
problems or conditions imposed by Weld County as it concerns Patina's
interest as Oil and Gas lessee. Feel free to have the planner you are
working with give me a call if he/she has any questions.
Regards, Dave Padgett
Surface Development Consultant for Patina
Phone :(303)389-3699
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Date: Mon, 01 Dec 2003 17:05:56 -0700
From: "Dave Padgett" <DPADGETT@patinaoil.com>
To: <mtpval@aol.com>
Cc: "David Siple" <DSIPLE@patinaoil.com>
Subject: Surface Use Agreement
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\Sle.dnecldnv December 03, 2003 America Online: MTPVAI
Message Page 1 of 2
Subj: FW: Red Baren
Date: 12/4/2003 8:57:02 AM Mountain Standard Time
From: CGreneaux@kmg.com (Greneaux, Christopher)
To: mtpva9@aol.com
Original Message
From: Greneaux, Christopher
Sent: Wednesday, December 03, 2003 8:54 AM
To: 'AMWEST123@aol.com`
Cc: 'dpadgett@patinaoil.com'
Subject: RE: Red Baren
Dear Marilyn,
Per our phone conversations regarding the Red Barron Estates PUD, KMG has done a cursory review of the
proposed preliminary plat dated November 18, 2003. At this point KMG does not have any issues or objections
with the plat as proposed. However, KMG requests more time to review the plat to discuss any potential concerns
with KMG's gas gathering lines traversing the property or any other issues that may arise. KMG toes not object
to Red Barron moving forward with the County at this time and looks forward to working with Red Barron on this
project. If you have any questions, please contact me at the number below.
Christopher J. Greneaux
Landman
Kerr-McGee Rocky Mountain Corporation
1999 Broadway, Suite 3600
Denver, Colorado 80202
720-264-2627 phone
303-296-3601 fax
Exhi6iP— IC.
Duke DUKE ENERGY FIELD SERVICES
!.S Energy® 1324 North 7th Avenue
Greeley, CO 80631
Field Services
970 356 9700
303 572 3516 fax
November 11, 2003
Marilyn M. Taylor
Red Barron Estates
7507 Weld County Road 39
Fort Lupton, Colorado 80621
RE: Pipeline Relocation
T2N, R67W. 6th P.M.
Sec. 30: SE1/4
Weld County, Colorado
Dear Ms. Taylor:
Duke Energy Field Services, LP (Duke) is the owner of a Pipeline Right of Way Grant, dated 10-
13-1999 and recorded at Reception# 2730098 of the Weld County, Colorado records. Red
Barron Estates is requesting that Duke relocate a portion of the buried natural gas pipeline. Refer
to attached Exhibit "A"the area highlighted in yellow for the pipeline to be relocated.
Duke will relocate said pipeline upon receipt from the record title owner a new Pipeline Right of
Way Grant for a fifty(50') foot easement adjacent to the West side of Weld Count Road 39. In
addition Red Barron will pay Duke in advance for all relocation costs, including removal of the
existing buried natural gas pipeline that is to be relocated.
Upon completion of the relocation,Duke will Quit Claim and Release to the record title owner
the portion of the existing Pipeline Right of Way Grant that was relocated.
If you have any questions or comments please contact me at 970-378-6382 (Office)
or 303-906-3335 (Cell)
Sincerely
ac c . Fincham
Right of Way Agent for
Duke Energy Field Services, LP
•
6.-A1 YOZT / 9 n
OR Iw THE OEED USEO FOR THIS SOUTHEAST CORNER SECTION 30.I UWI Ibff lFJ A "U I'LII, 11tl11ye
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hi4 f- L
OPTION TO PURCHASE RUNWAY ACCESS
OPTION AGREEMENT by and between Platte Valley Airpark, Ltd. (Owner) and
Red Baron Development (Buyer).
Buyer hereby pays to Owner to sum of$9,000 in consideration for this option, which option payment
shall be credited to the purchase price when the option is exercised in the amount of$1,000 per
residential lot.
eig
Buyer has the option and right to buy permanent runway access force residential lots,
to be located on Red Baron Estates, currently under development south of the airport at 6900 WCR 39,
Fort Lupton, CO., within the option period for the full price of$10,000 per lot;
one time fee exclusive of any assessments or fees which are in effect now or in the future, i.e.,
Homeowners Association, etc.
This option shall remain in effect until all residential lots are sold, and thereupon will expire.
To exercise this option, Buyer must notify Owner of same by certified mail within the option period.
All notices shall be sent to owner at the following address:
Platte Valley Airpark, Ltd., 7507 WCR 39, Fort Lupton, CO 80621
Should the Buyer exercise this option, the owner and buyer agree to promptly sign the attached contract
of sale, and consummate the sales on its terms, which are incorporated herein by reference. *The
runway access option will be exercised on each individual lot at the time of closing with the purchase
amount of$9,000 being paid directly to Platte Valley Airpark by the closing agent.
A formal agreement outlining issues such as liability, runway maintenance responsibilities, etc., will be
finalized prior to the first lot closing.
This option agreement shall be binding upon and inure to the benefit of the parties, their successors,
assigns and personal representatives.
Signed this S tk day of 4.2 6„Aq 2003.
fl
Platte Valley Airpark General Partner: Red Baron Development: ,r •
Kevin Kenn 7 � � Morris Quick M", - C- �G'L�`rLe.
Robert Resling . / Mark Holliday " 4t '71
Marilyn Taylor Cctu%,,l /a-c-, ti
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT is entered into this_day of November, 2003 by
and between Platte Valley Airpark, Ltd., a Colorado limited partnership, ("Platte Valley") and
Red Baron Development, LLC, a Colorado limited liability company, ("Red Baron").
Recitals
WHEREAS, Platte Valley is the owner of the real property described on attached
Exhibit A,which is incorporated herein by this reference, (the"Platte Valley Property");
AND WHEREAS, Red Baron is the owner of the real property adjacent to the Platte
Valley Property that is described on attached Exhibit B,which is incorporated herein by this
reference, (the "Red Baron Property");
AND WHEREAS, Red Baron desires to acquire from Platte Valley certain easements
on the Platte Valley Property for use as airplane taxiways to the runway and other facilities on
the Platte Valley Property and Platte Valley has agreed to grant the easements desired by Red
Baron on certain terms and conditions;
NOW THEREFORE, for ten dollars, the mutual promises set forth herein and other
good and valuable consideration,the receipt and sufficiency of which are hereby
acknowledged, Platte Valley and Red Baron make the following grants, agreements and
covenants:
1. Grant. Subject to the terms and conditions set forth herein, Platte Valley hereby sells
and conveys to Red Baron, and to its successors and assigns, exclusive perpetual
easements over and across the real property described on attached Exhibit C, which is
incorporated herein by this reference, (the "Easement Property"). The easements
granted to Red Baron in this Agreement shall be exclusive except that Platte Valley
reserves the right to go over and across the Easement Property for any purpose
incidental to the normal operation and upkeep of the airport on the Platte Valley
Property.
2. Use. The Easement Property shall be used by Red Baron and its tenants, agents,
employees, guests and invitees for use as airplane taxiways from the Red Baron
Property to the runway and other facilities on the Platte Valley Property. Platte Valley
acknowledges and agrees that the Red Baron Property will be divided into lots and the
owners acquiring those lots will obtain the easement rights established by this
Easement Agreement.
3. Construction, Maintenance and Repair. Prior to any construction or improvement to
the Easement Property, Red Baron shall obtain the written approval of Platte Valley
for the plans and specifications for the taxiways and any other improvements to be
installed on the Easement Property, which approval will not unreasonably be withheld
by Platte Valley. Once receipt of such written approval has been obtained, Red Baron
shall have the right to construct and install, at its sole cost and expense,taxiways and
improvements on the Easement Property according to the plans and specifications
approved by Platte Valley.
Once the taxiways are built, Red Baron shall be solely responsible for keeping the
taxiways and the Easement Property in as good of condition and repair as when the
taxiways were first built. Red Baron shall be solely responsible for all costs and
expenses for the maintenance and repair of the taxiways and the Easement Property.
Platte Valley additionally grants to Red Baron, and to its successors and assigns, a
non-exclusive access easement five feet in width immediately adjacent to each side of
the Easement Property for use when necessary to construct, repair or maintain the
taxiways or Easement Property.
4. Activation of Rights. The right of the owner of each lot to be formed on the Red
Baron Property to use the Easement Property shall commence only upon the recording
in the real estate records of Weld County of a Receipt for the payment of $10,000
signed by an authorized representative of Platte Valley which references this Easement
Agreement and identifies the lot for which the $10,000 has been paid.
5. Changes and Alterations. Once the taxiways or other improvements on the Easement
Property are completed, no material changes or alterations shall be made to the
Easement Property without the prior written consent of Platte Valley, which consent
shall not unreasonably be withheld.
6. Operation of Airport. In the event that Platte Valley, or any of its successors or assigns
to the Platte Valley Property, fails or neglects to operate an airport in compliance with
the requirements of the Platte Valley Airpark Declaration of Covenants, Conditions
and Restrictions recorded in the Weld County records on November 12, 1997 at
Reception No. 2578848 at Book 1634 and Page 2152 or the terms and conditions of
the Planned Unit Development approved for the Platte Valley Property or if the terms
and conditions of the existing fast Deed of Trust against the Platte Valley Property are
breached, the owner of any of the lots to be formed on the Red Baron Property shall
have the right to make all delinquent payments due under the Deed of Trust and shall
thereupon be subrogated to the rights of the beneficiary of said Deed of Trust and,
after giving due notice of default with reasonable opportunity to cure the default to the
operator of the airport and/or the borrower on the said Deed of Trust (if different from
the operator of the airport), shall be entitled to foreclose on the said Deed of trust
including an action for specific performance.
7. Subsequent Owners. The easements granted herein shall be appurtenant to the real
property described on attached Exhibit B and may not be transferred, assigned or
conveyed apart or separately from such property.
8. Running of Benefits and Burdens. All provisions of this instrument, including all
benefits and burdens, shall run with the lands of Platte Valley and Red Baron
described on attached Exhibits A and B, and are binding upon and shall inure to the
2
benefit of the heirs, assigns, successors and personal representatives of the parties
hereto, subject to the provisions hereof.
9. Termination of Liability. Whenever a transfer of fee simple ownership of any portion
of either of the properties described on attached Exhibits A and B shall occur, the
transferor shall have no liability for any breach of this Agreement occurring after such
transfer.
10. Enforcement. This Easement Agreement and the terms, conditions and provisions
hereof may be enforced by the owner of any portion of the properties covered by this
Agreement and in the event legal or administrative suits or proceedings are brought
against any party (whether a party to this instrument or not) for the purpose of such
enforcement, the prevailing party or parties shall recover from the non-prevailing
party or parties all costs associated therewith, including, but not limited to, reasonable
attorney fees.
11. Notice. Any notice to be given pursuant to the provisions of this Agreement shall be in
writing and shall be effective upon (a) delivery in person to the owner of the lot or
parcel to be notified or his/her authorized agent or representative, or (b) mailing such
notice by prepaid certified U.S. mail, return receipt requested, addressed to the owner of
the lot or parcel to be notified at his/her last known address.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the date
first written above.
PLATTE VALLEY AIRPARK, LTD., RED BARON DEVELOPMENT, LLC,
a Colorado Limited Partnership, a Colorado Limited Liability Company,
BY: COLORADO AIRPARK ASSOCIATES,
INC., a Colorado corporation,
its General Partner
By: L3'ZJZLd C
Morris Quick
By: / I Manager
vin Kenne
Vice-President �'
Attest: By:v�/Ir,.` is 6V-e i/
Mark E. Holliday
Manager
By:
Ro rt Resting
Secretary
3
STATE OF COLORADO )
) ss.
COUNTY OF -cia
biro
The The foregoing instrument was acknowledged before me this day of Isievefber,
2003 by Kevin Kennelly as President and Robert Resling as Secretary of Colorado Airpark
Associates, Inc., a Colorado corporation, as General Partner of Platte Valley Airpark, Ltd., a
Colorado limited partnership.
Witness my hand and official seal.
My commission expires: '4-1 I D LO
•
,(LLIS irf
NOT.4,q Notary Public
s • E
- . . ., '.
STATE OF COLORADO )
/�,� ) ss.
COUNTY OF i ,tLt ntA )
1.e( „ti
The foregoing instrument was acknowledged before me this day of November,
2003 by Morris L. Quick and Mark E. Holliday as the Managers of Red Baron Development,
LLC, a Colorado limited liability company.
Witness my hand and official seal.
My commission expires: 14l ir_6 CO
„„ S ,
o ' ` Notary Palley
` a _` _ , 2
dy,',
4
FROM : 1660 Sousn Rlb_an PHONE NO. : by. 21 22 12:14PM P2
Exhibit A to Easement Agreement
Plato.Valley Property
A parcel of land in the W1/2 of the NE1/4 of Section 31, Township 2
North Range 65 west of the 6th P.M. , County of Weld, State of Colorado,
described ass
Beginning at the Northeast corner of said W1/2NE1/4;
thence South 00 degrees 40 minutes 00 seconds West on an assumed bearing
along the East line of said W1/221161/4 a distance of 941.26 feet;
thence North 13 degrees 37 minutaic 00 seconds West a distance of 960.42
feet to a point on the North line of said W1/2NE1/4;
thence
he dance 90
feet toinuts the lo00t0 secondsiiEnittngalong said North line
the 6th2 of the P . ,County4o of f Weldtio ate ofownshipd2 North, Range 65 West of
The E1/2
of
t County of Weld, State of Colorado,.
Range 65 West of
the 6th P
The SE1/4 of Section 30, Township 2 North,lRange 65 West of the 6th P.M.,
County of Weld, State of Colorado.
EXCEPTING THEREFROM:
Parts of the SE1/4 of Section 30 and the E1/2 of the E1/2 of Section 31,
in Township 2 North, Range 65 West of the 6th P.M. , described as follows:
Beginning at the Northeast corner of the said SEl/4 of Section 30;
thence South 0 degrees 00 minutes 00 seconds West on an assumed bearing
along the East line of the said 5E'1/4 a distance of 1197.50 feet to the
True Point of Beginning;
thence South 90 degrees 00 minutiae 0o seconds west a distance of 1009.26
€eet;
thence South 26 degrees 38 minutes 00 seconds West a distance of 623.54
feet;
thence South 15 degrees 11 minutes 50 seconds East a distance of 925.34
feet to * point on the North line of said E1/2 of the 231/2 of Section 31;
thence North 89 degrees 45 minutes 10 seconds East along said North line
a distance of 360.22 feet;
thence South 26 degrees 23 minutes 40 seconds East a distance of 1077.99
feet to a point 200.0 feat West of the East line of said E1/2 of the E1/2
of Section 31;
. thence south ao degrees 20 minutes 30 seconds West parallel with the said
East line a distance of 3722.86 feet to a point 650.0 feet North of the
south line of said E1/2 of the E1/2 of Section 31;
thence South $9 degrees 57 minutes 35 seconds West parallel with the said
South line a distance of 1125.65 feet to a point on the West line of said
81/2 of the E1/2 of Section 31;
thence South 00 degrees 23 minutes 20 seconds West along said West line a
distance of 650.0 feet to the Southwest corner of the said E1/2 of the
E1/2 of Section 31;
thence North 89 degrees 57 minutes 35 seconds East along the South line
of the said E112 of the E1/2 of Section 31 a distance of 1326. 18 feet to
the Southeast corner of the said El/2 of the E1/2 of section 31;
thence North DO degrees 20 minutes 30 seconds East along the East line of
the said E1/2 of the E1/2 of Section 31 a distance of 5341.31 feet to the
Southeast corner of Section 30;
thence North 00 degrees 00 minutes CO seconds East along the East line of
said Section 10 a distance of 1445.85 feet to the True Point of
Beginning.
Exhibit B to Easement Agreement
Red Baron Property
A PART OF THE SOUTHEAST 1/4 OF SECTION 30,AND A PART OF THE EAST 1/2 OF THE
EAST 1/2 OF SECTION 31 IN TOWNSHIP 2 NORTH,RANGE 65 WEST OF THE 6TH P.M.,
AND PART OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF SECTION 6 IN TOWNSHIP 1
NORTH, RANGE 65 WEST OF THE 6TH P.M.,MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF SAID SECTION
30; THENCE ALONG THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 30,
SOUTH 0°00'00" EAST,A DISTANCE OF 1197.61 FEET TO THE TRUE POINT OF
BEGINNING;THENCE NORTH 90°00'00" WEST,A DISTANCE OF 1008.26 FEET;THENCE
SOUTH 26°36'52" WEST, A DISTANCE OF 623.77 FEET; THENCE SOUTH 15°09'27"EAST,A
DISTANCE OF 924.92 FEET TO A POINT ON THE NORTH LINE OF THE EAST 1/2 OF THE
EAST 1/2 OF SAID SECTION 31;
THENCE ALONG THE NORTH LINE OF THE EAST 1/2 OF THE EAST 1/2 OF SAID SECTION
31,NORTH 89°45'28" EAST,A DISTANCE OF 360.22 FEET;THENCE SOUTH 26°24'33" EAST,
A DISTANCE OF 1078.42 TO A POINT 200.00 FEET WEST OF THE EAST LINE OF THE
NORTHEAST 1/4 OF SAID SECTION 31; THENCE SOUTH 0°21'12" EAST AND PARALLEL
WITH THE EAST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 31,A DISTANCE OF
1713.31 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHEAST 1/4 OF SAID
SECTION 31; THENCE SOUTH 0°20'36" EAST AND PARALLEL WITH THE EAST LINE OF
THE SOUTHEAST 1/4 OF SAID SECTION 31,A DISTANCE OF 2007.66 FEET TO A POINT
650.00 FEET NORTH OF THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 31;
THENCE SOUTH 89°56'52" WEST AND PARALLEL WITH THE SOUTH LINE OF THE
SOUTHEAST 1/4 OF SAID SECTION 31, A DISTANCE OF 1125.37 FEET TO A POINT ON THE
WEST LINE OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF SAID SECTION 31; THENCE
ALONG THE WEST LINE OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF SAID SECTION 31
SOUTH 0°23'39" WEST,A DISTANCE OF 650.02 FEET TO THE SOUTHEAST CORNER OF
THE EAST 1/2 OF THE SOUTHEAST 1/4 OF SAID SECTION 31;THENCE ALONG THE
SOUTH LINE OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF SAID SECTION 31 NORTH
89°56'52"EAST, A DISTANCE OF 662.79 FEET TO THE NORTHWEST CORNER OF THE
EAST 1/2 OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF SAID SECTION 6;THENCE ALONG
THE WEST LINE OF THE WEST LINE OF THE EAST 1/2 OF THE EAST 1/2 OF THE
NORTHEAST 1/4 OF SAID SECTION 6 SOUTH 0°44'37" WEST,A DISTANCE OF 2506.02 FEET
TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF STATE HIGHWAY 52; THENCE
ALONG SAID NORTH RIGHT-OF-WAY LINE NORTH 89°35'42" WEST,A DISTANCE OF
668.20 FEET TO A POINT ON THE EAST LINE OF THE NORTHEAST 1/4 OF SAID SECTION
6; THENCE ALONG THE EAST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 6 NORTH
0°37'16"EAST,A DISTANCE OF 2501.83 FEET TO THE SOUTHEAST CORNER OF THE
SOUTHEAST 1/4 OF SAID SECTION 31; THENCE ALONG THE EAST LINE OF THE
NORTHEAST 1/4 OF SAID SECTION 31 NORTH 0°21'12" WEST,A DISTANCE OF 2682.07
FEET TO THE SOUTHEAST CORNER OF THE SOUTHEAST 1/4 OF SAID SECTION 30;
THENCE ALONG THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 30 NORTH
0°00'00" EAST,A DISTANCE OF 1445.99 FEET TO THE TRUE POINT OF BEGINNING,
CONTAINING 123.50 ACRES MORE OR LESS,
COUNTY OF WELD, STATE OF COLORADO.
6
Exhibit C to Easement Agreement
Easement Property
PARTS OF THE SOUTHEAST 1/4 OF SECTION 30 IN TOWNSHIP 2 NORTH,RANGE 65 WEST
OF THE 6TH P.M.,MORE PARTICULARLY DESCRIBED AS FOLLOWS:
NORTH TAXIWAY:
THE 25 FEET ON THE PLATTE VALLEY PROPERTY SOUTH OF THE FOLLOWING LINE
EXCEPT FOR EXISTING TAXIWAY OF PLATTE VALLEY PROPERTY: COMMENCING AT
THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF SAID SECTION 30;THENCE
ALONG THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 30, SOUTH 0°00'00"
EAST,A DISTANCE OF 1197.61 FEET;THENCE NORTH 90°00'00" WEST,A DISTANCE OF
1008.26 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ON THE SAME
LINE OF NORTH 90°00'00" WEST,A DISTANCE OF 221.87 FEET.
MIDDLE TAXIWAY:
THE 25 FEET ON THE PLATTE VALLEY PROPERTY NORTH OF THE FOLLOWING LINE
EXCEPT FOR EXISTING TAXIWAY ON THE PLATTE VALLEY PROPERTY: COMMENCING
AT THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF SAID SECTION 30; THENCE
ALONG THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 30, SOUTH 0°00'00"
EAST, A DISTANCE OF 1197.61 FEET;THENCE NORTH 90°00'00" WEST,A DISTANCE OF
1008.26 FEET;THENCE SOUTH 26°36'52" WEST,A DISTANCE OF 623.77 FEET;THENCE
SOUTH 15°09'27"EAST,A DISTANCE OF 141.48 FEET TO THE TRUE POINT OF
BEGINNING;THENCE NORTH 86°32'02" WEST,A DISTANCE OF 64.31 FEET.
SOUTH TAXIWAY:
THE 25 FEET ON THE PLATTE VALLEY PROPERTY NORTH OF THE FOLLOWING LINE
EXCEPT FOR EXISTING TAXIWAY ON THE PLATTE VALLEY PROPERTY: COMMENCING
AT THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF SAID SECTION 30;THENCE
ALONG THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 30, SOUTH 0°00'00"
EAST, A DISTANCE OF 1197.61 FEET;THENCE NORTH 90°00'00" WEST,A DISTANCE OF
1008.26 FEET; THENCE SOUTH 26°36'52"WEST,A DISTANCE OF 623.77 FEET; THENCE
SOUTH 15°09'27" EAST,A DISTANCE OF 924.92 FEET TO THE TRUE POINT OF
BEGINNING; THENCE SOUTH 89°45'28" WEST,A DISTANCE OF 67.53 FEET.
COUNTY OF WELD, STATE OF COLORADO.
7
CERTIFICATE AND ARTICLES
OF LIMITED PARTNERSHIP
OF
PLATTE VALLEY AIRPARK, LTD.
A Colorado Limited Partnership
THIS CERTIFICATE AND ARTICLES OF LIMITED PARTNERSHIP is entered into as
of this day of , 19 , at Denver, Colorado between
Colorado Airpark Associates, Inc. ("General Partner") and the undersigned
("Limited Partner") and all those other persons (Collectively referred to as "Limited
Partners") who become parties to this Agreement by executing a copy of the
Counterpart Signature Page.
In consideration of the mutual covenants and promises set forth in this Agreement the
parties agree as follows:
ARTICLE I
GENERAL
1.1 Formation
The Partnership created hereunder is formed pursuant to the provisions of the
Colorado Uniform Limited Partnership Act of 1981, Title 7, Article 62, of the
Colorado Revised Statutes, 1973 as amended (the "Act"). The general Partner
and the Limited Partners, acting directly or through an attorney-in-fact, shall
promptly sign and acknowledge under the Act a Certificate of Limited Partnership,
shall cause the Certificate of Limited Partnership to be filed for record in the office
of the Secretary of State of Colorado, and shall thereafter, from time to time,
execute such further documents and take such further action as shall be deemed
appropriate by the General Partner to comply with requirements of law for the
formation and operation of a limited partnership in all other counties, states, and
other jurisdictions where the Partnership may elect to do business. The
Partnership presently has, and at all times during the terms of the Partnership shall
have, at least one General Partner and at least one Limited Partner.
1.2 Name
The name of the Partnership shall be Platte Valley Airpark, ltd. (the "Partnership").
ARTICLE VII
MANAGEMENT
7.1 General Partner
The General Partner shall manage and control the business of the Partnership.
7.2 Duties of the General Partner
The General Partner shall be obligated and empowered to do all acts necessary
to conduct the business of the Partnership.
7.3 Limitations of General Partner's Authority
The General Partner shall not have authority to:
(a) Do any act which would make it impossible to carry on the ordinary business
of the Partnership;
(b) Confess a judgment against the Partnership;
(c) Sell, pledge, refinance or exchange all or substantially all of the assets of the
Partnership, without the affirmative vote of Limited Partners owning three-fourths
of Limited Partners' units; and/or
(d) Dissolve the Partnership without the prior affirmative vote of Limited Partners
owning three-fourths of the Partnership's units.
7.4 Limited Partners
(a) No Limited Partner shall take part in the management of the Partnership
business, transact any business for the Partnership, or have the power to bind the
Partnership. No Limited Partner shall be personally liable for the debts of the
Partnership nor for any of the losses thereof beyond the amount of required initial
capital contributions to purchase a unit and his share of the undistributed profits
of the Partnership. The General Partner may solicit the opinion from the Limited
Partners on major policy decisions, but need not accept such suggestions or
expressions, and at all times the control and management of the Partnership shall
rest solely with the General partner.
7
Red Baron Estates
DECLARATION OF COVENANTS, CONDITIONS
AND RESTRICTIONS
This Declaration of Covenants, Conditions and Restrictions is made this day of
2003, by Red Baron Development, herein referred to as the
"Declarant".
WHEREAS, the Declarant is the owner of certain real property located in the county
of Weld, State of Colorado commonly known as Red Baron Estates, Filing 1.
NOW, THEREFORE, Declarant, by this DECLARATION of Covenants, Conditions
and Restrictions, does hereby declare that all the property described herein shall be
held, transferred, sold, conveyed and occupied subject to the covenants, conditions,
restrictions, easements, charges and liens set forth in the Declaration which shall run
with the real property and be binding on all parties owning any right, title or interest
in said real property or any part thereof, their heirs, successors and assigns, and shall
inure to the benefit of each owner thereof.
BE IT KNOWN, that the general intent of Red Baron Estates is to be an airpark fly-
in community that is exclusively for active pilots with flyable airplanes who have a
true desire to live in harmony in a casual country style atmosphere with those who
have a common interest—aviation. This directly implies ongoing operations of
aircraft in close proximity to individual residences, as all of the home sites are
adjacent to an airport and in the traffic pattern. There will be continual and various
flying and aviation oriented activities connected with all facets of aviation.
Red Baron Estates—Declaration of Covenants,Conditions,and Restrictions
TABLE OF CONTENTS
Article I - Definitions
1.1 Architectural Control Committee
1.2 Architectural Guidelines
1.3 Association
1.4 By-Laws
1.5 Common Area
1.6 Declarant
1.7 Lot
1.8 Owner
1.9 Runway
1.10 Taxiway
Article II —Declarant Requirements
2.1 Access
2.2 Application of Declaration of Covenants, Conditions, and Restrictions
Article III —Owner Requirements
3.1 Agreement to Declaration
3.2 Association Membership
3.3 Declarant Held Liabless
Article IV - The Association
4.1 Responsibility for Common Area
4.2 Membership
4.3 Compliance with the Document
Article V - Architectural Control Committee
Article VI - Architectural Guidelines and Rules
6.1 Land Use
6.2 Primary Dwelling Size
6.3 Hangar and Accessory Building Specifications
6.4 Setbacks & Access
6.5 Structure Material
6.6 Type of Home
6.7 Fences
6.8 Septic tanks and sewage disposal systems
6.9 Outdoor Lighting
6.10 Utility Easements
6.11 Taxiway Easements
6.12 Culverts and Drainage
6.13 Driveways
6.14 Fire Protection
6.15 Variances
Red Baron Estates—Declaration of Covenants,Conditions, and Restrictions
2
Article VII - Use Restrictions and Covenants
7.1 No Further Subdivision
7.2 Maintenance
7.3 Sewage
7.4 Unsightly Materials
7.5 Animals and Pets
7.6 Flag Poles
7.7 Antennas
7.8 Well Water
7.9 Signage
Article VIII - Assessments
8.1 Maintenance Fees
8.2 Special Assessments for Capital improvements
8.3 Runway Assessment
8.4 Uniform Rate of Assessment
8.5 Non payment of Assessment
Article IX - Insurance
9.1 By the Declarant or Association
9.2. By the Owner
Article X - Enforcement, Duration, and Amendments of Covenants
10.1 Compliance
10.2 Failure to Comply
10.3 Who May Enforce
10.4 Duration
10.5 Amendments
10.6 Notices
Red Baron Estates—Declaration of Covenants,Conditions, and Restrictions
3
ARTICLE I - Definitions
1.1 "Architectural Control Committee" (ACC) shall mean and refer to a
committee formed to maintain the quality and architectural harmony of improvements
to the Development.
1.2 "Architectural Guidelines" shall mean and refer to the guidelines and rules
established and supplemented from time to time by the Architectural Control
Committee.
1.3 "Association" shall mean and refer to the Red Baron Estates Homeowners
Association.
1.4 "By-Laws" shall refer to the bylaws of Red Baron Estates Homeowners
Association attached to the Declaration and incorporated herein by this reference.
1.5 "Common Area" shall mean any and all real and personal property and
easements, taxiways, streets and other interests therein, together with the facilities and
improvements located thereon, now and hereafter owned by the Association for the
common use and enjoyment of the Owners.
1.6 "Declarant" shall mean and refer to Red Baron Estates Development.
1.7 "Lot" shall mean and refer to certain real property or any part thereof
hereinbefore described.
1.8 "Owner" shall mean and refer to the record owner, whether one or more persons,
of the fee simple title to a Lot located within the Development, and entitled to one
vote per Lot as a member of the Red Baron Estates Homeowners Owners
Association, but excluding those having such interest merely as security for the
performance of an obligation.
1.9 "Runway" shall mean and refer to any and all runways located at Platte Valley
Airpark, Fort Lupton Colorado located adjacent to the subdivision used for the
purpose of aircraft takeoffs and landings.
1.10 "Taxiway" shall mean and refer to those right-of-ways and taxiway easements,
radiating from the runway or otherwise as shown on the Plat for the purpose of
providing access for aircraft to and from the runway.
ARTICLE II—Declarant Requirements
2.1 Access—The Owner of any Lot to which these declarations of covenants,
conditions, and restrictions apply are hereby granted unrestricted use of the runway,
taxiways and taxiway easements as platted.
Red Baron Estates—Declaration of Covenants,Conditions,and Restrictions
4
2.2 Application of Declaration of Covenants, Conditions, and Restrictions -the
Declarant is hereby bound to attach these declarations of covenants, conditions, and
restrictions to any Lot which is sold by the Declarant for the purpose of being a single
family dwelling which will have access and use of the runway and taxiways.
ARTICLE III—Owner Requirements
3.1 Agreement to Declaration—By purchasing a Lot or Lots, the Owner agrees to
be bound and abide by these declarations of convenants, conditions, and restrictions.
3.2 Association Membership—Membership in the Red Baron Estates Homeowners
Association shall be required for all lot owners.
3.3 Declarant Held Liabless—The Owner or guests of the Owner shall use all
taxiways at their own risk and shall not hold the Declarant liable for any accident
upon or in the vicinity of any taxiway.
ARTICLE IV - The Association
4.1 Responsibility for Common Area - Subject to the rights of the owners set forth
in this Declaration, the Association shall be responsible for the management, control
and improvements of the Common Area and shall keep it in good, clean and attractive
condition and repair.
4.2 Membership - Every Owner, by virtue of being an Owner and for as long as he
is an Owner, shall be a Member of the Association. No Owner, whether one or more
persons, shall have more than one membership per Lot owned, but all of the persons
owning each Lot shall be entitled to rights of membership and of use and enjoyment
appurtenant to such ownership.
4.3 Compliance with the Document - Each Owner shall abide by and benefit from
the Provisions, Covenants, Conditions, and Restrictions contained in the Red Baron
Estates Covenants and Restrictions and Bylaws. A copy of the Association Rules in
effect shall be distributed to each Member of the Association, and any change in the
Association rules shall be distributed to each Member within a reasonable time
following the effective date of any change.
ARTICLE V - Architectural Control Committee
Red Baron Estates is designed as a private residential community with architectural
controls, which allows aircraft owners and pilots' convenient access to the runway.
To insure that the property will be developed harmoniously and that consistency is
maintained throughout the Development, an Architectural Control Committee will
Red Baron Estates—Declaration of Covenants,Conditions,and Restrictions
5
formulate, review and control a comprehensive landscape plan, street lighting, signs,
fencing, parking and site improvements including structures of all types as set forth in
the Architectural Guidelines and Rules.
A committee consisting of five (5) persons appointed by the Declarant and the
Association is hereby constituted to exercise certain functions as provided in this
Declaration. Any vacancies in the committee created by a resignation, death or any
other cause shall be filled by the Association. The members of the committee shall
receive no compensation for services rendered. Until changed, the initial
Architectural Control Committee shall consist of the following five (5) members:
Marilyn Taylor
Mark Holliday
Morrie Quick
Chuck Stover
Margaret Barboza-Stover
At such a time as the Development is substantially completed (at least 75%) the ACC
members may relinquish the powers of the ACC to the Homeowner's Association.
The Architectural Control Committee shall:
5.1. regulate the external design, appearance, and location of the Properties
and Lots and any improvements thereof.
5.2). adopt architectural guidelines consistent with covenants and restrictions.
5.3). inspect for compliance with these guidelines.
Notwithstanding anything to the contrary contained herein, the Architectural Control
Committee or its designee shall be authorized to grant individual variances from any
of the provisions of this Declaration, the Bylaws and any rule, regulation or use
restriction promulgated pursuant thereto if it determines that waiver of application of
enforcement of the provision in a particular case would not be inconsistent with the
overall scheme of development for the community.
ARTICLE VI - Architectural Guidelines and Rules
6.1 Land Use - All Lots shall be used for residential purposes only and common
recreational purposes auxiliary thereto. Only one family may occupy a Lot as a
principal residence at any one time. No structure, except as herein provided shall be
erected, altered, placed or permitted to remain on any lot other than one(1) detached
single family dwelling and such accessory buildings or hangar as shall be used in
connection with the dwelling or residence. Such accessory buildings or hangar may
not be constructed prior to the completion of the dwelling unless waived by the ACC
and then limited to a one-year completion deadline. A guest suite or a like facility
may be included as part of the main dwelling or accessory building. A separate
building permit shall be obtained prior to the construction of any building. Buildings
Red Baron Estates—Declaration of Covenants,Conditions,and Restrictions
6
shall conform to the requirements of the various codes adopted at the time of permit
application.
6.2 Primary Dwelling Size - Each residence to be erected shall contain a minimum
of sixteen hundred (1,600) square feet of useable floor space if constructed on one
floor and two thousand (2,000) square feet of useable floor space if built on a split-
level, split-entry, or two-story house. All such figures shall be exclusive of porches,
decks, attached garages, and attached aircraft hangers. If a dwelling incorporates a
basement, such basement shall not be considered a "level" or "story" and the level of
the dwelling immediately above the basement shall be considered the "first level" or
"first story" of such dwelling. Dwellings shall not exceed two (2) stories high and
must have an attached or detached airplane garage, hangar, or plane port. All
buildings shall be constructed no higher than forty (40) feet at the highest point.
6.3 Hangar and Accessory Building Specifications - Each Lot adjoining the
taxiway right-of-way must have a hangar or hangar port for the storage of private
aircraft. Hangars may be detached from or attached to a primary structure in
accordance with Weld County building regulations. The combined gross floor area of
all accessory buildings constructed on lots shall not exceed eight percent (8 %) of the
total lot area. However, in no case shall such an accessory building exceed twice the
gross floor area of the primary residence on the lot except by variance. Exterior
portions of accessory buildings, including the roof, shall be constructed of non-
reflective materials.
6.4 Setbacks & Access -No building shall be located on any Lot nearer to the front
Lot line (as Platted) than seventy-five (75) feet, or nearer to any side Lot line than
fifty(50) feet. There shall be no building located nearer than fifty(50) feet from any
taxiway easement line. The primary access to all Lots shall be across the front Lot
line. For setbacks from property lines which abut the runway, the following applies:
There shall be a obstacle free zone (OFZ) of two hundred fifty(250) feet from
the centerline of the runway as per FAA Advisory Circular 150/5300-15 Chg.
6, Figure 3-2, Section B-B.
No surface obstruction of any type horizontally beyond the two hundred fifty
(250) feet (OFZ) boundaries can be more than one hundred fifty (150) feet in
height above airport elevation as per FAA Advisory Circular 150/5300-15
Chg. 6, Figure 3-2, Section B-B.
6.5 Structure Material- Unless specifically otherwise approved in writing by the
ACC, all structures constructed or placed on any Lot shall be built of substantially
new materials and no used structures shall be relocated or placed on any such Lot.
6.6 Type of Home—Each building will require an engineered foundation based on a
site-specific geotechnical report or an open-hole inspection performed by a Colorado
registered engineer. Each home must adhere to the Uniform Building Code. No
prefabricated, modular, mobile, log, portions of houses or complete houses may be
Red Baron Estates—Declaration of Covenants,Conditions, and Restrictions
7
moved on site to be erected. All houses must be built on site. No building or structure
of a temporary nature: trailer, tent, shack, garage or other out-building shall be
erected or maintained on any Lot but may be used as a primary residence during
construction of the permanent residence. The construction duration cannot exceed a
period of one (1)year.
6.7 Fences - Fences may be erected outside of the said plat utility and taxiway
easements.
6.8 Septic tanks and sewage disposal systems - All residences within the platted
area shall be connected to a septic system of approved construction in accordance
with the requirements of the State Department of Health of Colorado and any
requirements of local authorities. All septic systems must maintain a one hundred ft.
(100-ft.) setback to all wells on the property.
6.9 Outdoor Lighting- Each homeowner shall purchase and install a lantern(yard
light) at the front of his lot. The lantern will be owned and maintained by the
homeowner, and it shall be automatically activated by a photoelectric cell, which will
keep the light on from dusk to dawn. Any outdoor lighting positioned and installed
by a lot owner shall be of such a nature and type so as not to present a hazardous or
confusing condition to night air operations which may be conducted from said airport
and be shaded so as not to create a nuisance to any other lot owner.
6.10 Utility Easements - Easements for the installation and maintenance of utilities,
drainage facilities and taxiways, are reserved as shown on the recorded plat. No
utility company, water district, or other authorized entity using the easements herein
referred to shall be liable for any damage done by them or their assigns, employees to
shrubbery, trees, or flowers or to other property of the Owner situated within any such
easement. No shrubbery, fence, or other obstruction shall be placed in any street or
taxiway easement. Right of use for ingress and egress shall be had at all times over
any dedicated easement, and for the installation, operation, maintenance, repair, or
removal of an utility, together with the right to remove any obstruction that may be
placed in such easement which would constitute interference with the use,
maintenance, operation or installation of such utility.
6.11 Taxiway Easements - In addition to the easements shown on the recorded Plat,
the Declarant specifically reserves a twenty(20) foot easement running along all the
lot lines bordering the taxiways to help insure proper wing clearance. Nothing higher
than one (1) foot shall be placed, grown or allowed to remain in the easement.
6.12 Culverts and Drainage - Culverts must be of concrete, plastic, or metal
construction, commercially made for the purpose, and must be of sufficient size to
carry the volume of water passing through it so that water will not overflow onto the
street, Taxiway, or another Lot. No owner shall do or permit any work, construct any
improvements, place any landscaping or suffer the existence of any condition
whatsoever which shall alter or interfere with the drainage pattern of the Property,
except to the extent such alteration and drainage pattern is approved in writing by the
Red Baron Estates—Declaration of Covenants,Conditions,and Restrictions
8
Declarant, and except for the rights reserved to Declarant to alter or change the
drainage patterns.
6.13 Driveways - Individual homeowners will be responsible for establishing and
maintaining driveways to their homes from the street access within the development
at all times.
6.14 Fire Protection - A 20,000-gallon fire protection system will be installed as
designated on the northeast corner of lot #1 by Western Clean-Up. The Hudson Fire
Marshall has confirmed that the Fire Protection District will complete the initial fill
up. Subsequent water replacement, should circumstances require, will be the
responsibility of the Homeowners Association.
6.15 Variances - The Declarant hereby reserves the right to grant reasonable
variances or adjustments, in writing, to these conditions 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 case the granting thereof shall not be materially detrimental or
injurious to other property or improvements of neighboring Lots and shall not defeat
the general intent and purpose of these restrictions.
ARTICLE VII - Restrictions and Covenants
7.1 No further subdivision—after initial subdivision, no lot located within the
property shall be further divided or subdivided
7.2 Maintenance - All Owners shall keep their Lots, whether occupied or
unoccupied, free of all tall grass, dead, diseased or decaying trees, noxious weeds,
trash, rubbish, and debris and keep all Lots in a neat and attractive condition. This
includes maintenance of all easements, rights-of-ways, drainage retention areas,
streets, taxiways, and access roads, as well as the improvements thereon, shall be
considered the common or collective responsibility of the property owners
7.3 Sewage- No discharge, overflow, or accumulation of sewage effluent from any
septic tank, drain field or other similar container shall be permitted to exist on any
Lot.
7.4 Unsightly Materials -No rubbish, garbage, debris,junk,junk vehicles, or
unsightly material shall be deposited on any of the lots at any time except building
material during the course of construction on the site. All rubbish, waste, or garbage
shall be kept in sanitary containers. My vehicles stored outside of any garage or
hangar is required to have a current state registration and must have current license
plates for that vehicle appropriately displayed.
7.5 Animals and Pets- Commercial breeding or feeding of horses, cattle, goats,
hogs, sheep or poultry;the operation of a commercial dairy; dog boarding kennel or
Red Baron Estates—Declaration of Covenants,Conditions,and Restrictions
9
veterinary hospital; and the operation of a commercial livery or boarding stable for
horse; or a riding academy; and the keeping of any hog or milk cow or horse, are
strictly prohibited. It is understood, however, that this restriction shall not be
construed to prohibit the keeping domestic animals (canine or feline) for family
pleasure, provided that domestic animals must be restrained by fence or other
appropriate protective restraint. Each owner must comply with the Weld County
Zoning requirement for the maximum number of domestic animals of one (1) per acre
not to exceed eight(8) domestic animals per lot. All appropriate measures must be
taken by the lot owner to eliminate and prevent offensive odors and any unsightly
accumulations from said animals. Because of the proximity of the airport and the
danger of having animals roam freely on the runway, all animals shall be kept in a
fenced-in enclosure or kept on a leash when off the pet owners property.
7.6 Flag Poles - Flag Poles are permitted, provided the pole is not higher than the
tallest structure on the Owner's Lot, unless otherwise approved by the Architectural
Control Committee.
7.7 Antennas - Radio and television antennas or satellite dishes are allowed at a
height of no more than six(6) feet above the tallest structure on Owner's Lot. Said
poles, antennas, and other devices shall in any event be subject to FAA regulations
concerning obstructions placed in the vicinity of airports.
7.8 Well Water—There shall be a five thousand (5000) square foot landscaping
limitation for lawn and garden areas exclusive of domestic use per the provisions of
the well permit for each lot. All homeowners shall understand that should an
alternative water supply become necessary, it will be their responsibility to find and
pay for the system.
7.9 Signage—No commercial signage will be allowed within the residential
community.
ARTICLE VIII—Assessments
8.1 Maintenance Fees. - A monthly fee to provide for maintenance and upkeep of
the Taxiways and Common area will be assessed by the Association on the Owner of
each Lot. The Declarant may increase the fee at a rate not to exceed five percent
annually to reflect real increases.
8.2 Special Assessments for Capital improvements—In addition to the monthly
assessments, the Association may levy, in any assessment year, a special assessment
applicable to that year only for the purpose of defraying, in whole or in part, the cost
of any construction, reconstruction, repair or replacement of a capital improvement
upon the Common Area, provided that any such assessment shall have the assent of
seventy-five (75%) of the votes of Members who are voting in person or by proxy at a
meeting duly called for this purpose.
Red Baron Estates—Declaration of Covenants,Conditions,and Restrictions
10
8.3 Runway Assessment—Red Baron Estate lot owners will contribute to a share of
the cost to maintain and repair the runway at Platte Valley Airport. The amount will
be divided equitably among the Platte Valley Airport Hangar Owners Association
(PVA HOA) and the Red Baron Estates Homeowner's Association lot owners.
8.4 Uniform Rate of Assessment—Both monthly and special assessments must be
fixed at a uniform rate for all lots. Both annual and special assessments must be fixed
at a uniform rate for all Lots.
8.5 Non-payment of Assessment—Any assessment not paid within thirty (30) days
after the due date thereof shall bear interest from the due date at the rate of ten
percent (10%) per annum. The Association may bring an action at law against the
Owner obligated to pay the same. In addition to such action, or as an alternative
thereto, the Association may file with the Clerk and Recorder of Weld County, a
Statement of Lien, setting forth the name of the Owner, the legal description of the
Lot, the Name of the Association, and the amount of delinquent assessments then
owing, which Statement shall be duly signed and acknowledged by the President or
Vice-President of the Association, and which shall be served upon the Owner by mail
ARTICLE IX- Insurance
9.1 By the Declarant or Association - The Declarant or Association shall have the
right and power to obtain insurance to the extent reasonably available for all
improvements on the Common Areas against loss or damage in an amount sufficient
to cover one hundred percent (100%) of the replacement cost of any repair or
reconstruction work in the event of damage or destruction from any reasonable
hazard. The Declarant may also obtain a broad form public liability policy covering
all Common Areas. In the event of damage or destruction to property insured by the
Declarant by fire or other casualty, the Declarant or its agent shall, upon receipt of the
insurance proceeds, contract to rebuild or repair such damaged or destroyed portions
of the property to as good a condition as formerly enjoyed
9.2 By the Owner- It shall be the individual responsibility of each owner to
provide, as he sees fit, insurance on the improvements on his Lot in the event of
damage or destruction from all reasonable hazards. Each Owner shall provide as he
sees fit homeowners liability insurance, theft and other insurance covering personal
property damage or personal liability loss.
ARTICLE X—Enforcement, Duration, and Amendments of Covenants
10.1 Compliance - Each Owner or other occupant of any part of the Property shall
comply with the provisions of the Red Baron Estates Documents as the same may be
amended from time to time.
Red Baron Estates—Declaration of Covenants,Conditions,and Restrictions
11
10.2 Failure to Comply - Failure to comply with the Red Baron Estates Documents
shall be grounds for an action to recover damages or for injunctive relief to cause any
such violation to be remedied, or both. Reasonable notice and an opportunity for a
hearing as provided in the By-Laws shall be given to the delinquent party prior to
commencing any legal proceedings.
10.3 Who May Enforce - The Declarant or Owner of a Lot, shall have the right to
enforce, by any proceeding at law or in equity, all restrictions, conditions, and
reservations now or hereafter imposed by the provisions of this Declaration. Failure
to enforce any covenant or restriction herein contained shall in no event be deemed a
waiver of the right to do so thereafter.
10.4 Duration - The covenants, conditions and restrictions of this Declaration shall
run with and bind the land, and shall inure to the benefit of, and be enforceable by the
Declarant, the Owner of any Lot subject to this Declaration, and their respective legal
representatives, heirs, successors, and assigns, and unless amended as provided
herein, and shall be effective for a term of twenty(20) years, after which time said
covenants, conditions and restrictions shall be automatically extended for successive
periods often(10) years.
10.5 Amendments - The covenants, conditions and restrictions of this Declaration
may be amended during the first twenty(20) year period by an instrument signed by
not less than seventy-five (75%) percent of all Lot Owners subject to these covenants,
conditions and restrictions; during any succeeding ten(10) year period, the covenants,
conditions and restrictions of this Declaration may be amended during the last year of
any such ten(10) year period by an instrument signed by not less than 60 percent of
the Lot Owners subject to these covenants, conditions and restrictions. No
amendment shall be effective until recorded in the deed records of Weld County,
Colorado, nor until the approval of any governmental regulatory body, which is
required, shall have been obtained.
10.6 Notices - Will be required to be sent to any member pursuant to any provision
of this declaration shall be served by hand delivery to the member or by depositing
such notice in the mail addressed to the member for whom it is intended. Written
notice shall be sent to all Members not less than thirty(30) days in advance of the
meeting.
Red Baron Estates—Declaration of Covenants,Conditions, and Restrictions
12
DATED this day of 2004.
RED BARON ESTATES
President
ATTEST:
Secretary
STATE OF COLORADO )
) ss.
COUNTY OF WELD )
Red Baron Estates acknowledged the foregoing instrument before me this
day of , 2003.
Notary Public
My commission expires:
Red Baron Estates—Declaration of Covenants,Conditions,and Restrictions
13
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