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Home My WebLink About20041967.tiff MIXED USE DEVELOPMENT AREA STRUCTURAL PLAN, COMPREHENSIVE PLAN AND MAP 2.1, STRUCTURAL LAND USE MAP AMENDMENT SUBMITTAL CHECKLIST FOR PLANNING DEPARTMENT USE DATE RECEIVED: - RECEIPT/AMOUNT# 1$ CASE#ASSIGNED: __ APPLICATION RECEIVED BY PLANNER ASSIGNED: (A SEPARATE APPLICATION FORM IS REQUIRED FOR EACH PARCEL UNDER CONSIDERATION FOR INCLUSION INTO THE 1-25 MUD AREA) Parcel Number oann-ao-Ft-nn-cyan (12 digit number-found on Tax I.D.information,obtainable at the Weld County Assessor's Office,or www.co.weld.co.us). Legal Description A tract of land located in the NE Quarter of,Section 33,Township 3 North, Range 68 West Property Address Of Applicable) 2706 Weld CF 128.Weld County,CO Total Acres 120.00 Has the property been divided from or had divided from it any other property since August 30, 1972?-Yes No FEE OWNER(S)OF THE PROPERTY(If additional space is required,attach an additional sheet) Name: Floyd& Marian D.Adler Work Phone# Home Phone# _Email Address Address:401 Westview Ct. City/State/Zip Code Longmont,CO 80501 Name: Work Phone# Home Phone# Email Address — Address: City/State/Zip Code APPLICANT OR AUTHORIZED AGENT(Sec Below:Authorization must accompany applications signed by Authorized Agent) Name: DR Horton/The Melody Series- David Andrews Work Phone# 303.466.1831 Home Phone# Email Address dandrews@melodyhomesinc.com Address: 11031 Sheridan Blvd., Suite A City/State/Zip Code Westminster,CO 80020 l(We) reby depose and state under penalties of perjury that all statements,proposals,and/or plans submitted with or cont ined within the application are true and correct to the best of try (our)knowledge. Signatures of all fee owners of perty must sign this application. If an Authorized Agent signs, a letter of authorization from all fee owners t be included with the application.If a corporation is the fee owner,notarized evidence must be included indica ' e signatory has the legal authority to sign for the corporation. Zz -0 Sign tur Owner or Authorized Agent Date Signature: Owner or Authorized Agent Date -4- 2004-1967 MIXED USE DEVELOPMENT AREA STRUCTURAL PLAN, COMPREHENSIVE PLAN AND MAP 2.1, STRUCTURAL LAND USE MAP AMENDMENT SUBMITTAL CHECKLIST FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT/AMOUNT# 1$ CASE#ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: _ (A SEPARATE APPLICATION FORM IS REQUIRED FOR EACH PARCEL UNDER CONSIDERATION FOR INCLUSION INTO THE 1-25 MUD AREA) Parcel Number n n n n- _ (12 digit number-found on Tax I.D.information,obtainable at the Weld County Assessor's Office,or www.co.weld.co.us). Legal Description A tract of land located in the SE Quarter of,Section 33,Township 3 North, Range 68 West Property Address(If Applicable) N/A Total Acres 68.579 Has the property been divided from or had divided from it any other property since August 30,19727-Yes_No FEE OWNER(S)OF THE PROPERTY(If additional space is required.attach an additional sheet) Name: Floyd&Marian D. Adler Work Phone# Home Phone# Email Address Address:401 Westview Ct. City/State/Zip Code Longmont,CO 80501 Name: Work Phone# Home Phone# Email Address Address: City/State/Zip Code APPLICANT OR AUTHORIZED AGENT (See Below:Authorization must accompany applications signed by Authorized Agent) Name: DR Horton/The Melody Series-David Andrews Work Phone# 303.466.1831 Home Phone# Email Address dandrews@melodyhomesinc.com Address: 11031 Sheridan Blvd., Suite A _. City/State/Zip Code Westminster, CO 80020 I(We)he by depose and state under penalties of perjury that all statements,proposals,and/or plans submitted with or contai ed within the application are true and correct to the best of my (our)knowledge. Signatures of all fee owners o property must sign this application. If an Authorized Agent signs, a letter of authorization from all fee owners s e included with the application.If a corporation is the fee owner,notarized evidence must be included indi::t t signatory has the legal authority to sign for the corporation. —z1-o4 r wrier or Authorized Agent Date Signature: Owner or Authorized Agent Date -4- LAND'rs.ARCHITECTS February 26, 2004 Kim Ogle, Planning Manager Weld County Planning and Zoning Dept. 1555 N. 17th Ave. Greeley, CO 80631 RE: Melody Homes, Adler Estates Development - MUD Area Structural Plan Amendment Submittal Dear Kim, Thanks again for your assistance with this process and consideration by the county of Adler Estates. This letter provides the written statement responses as required in the submittal checklist. Why the comprehensive plan is in need of revision, description of the request, the purpose, and the benefits of the request. The current Weld County Comprehensive Plan needs revision due to the proposed new WCR7 corridor (1-25 Parallel Arterial Study) and future high school site for the St. Vrain Valley School District. These improvements will leave the current comprehensive plan development boundaries different than logical growth patterns. Between WCR26 and WCR28, the MUD Area boundary extends west to WCR7, which does not allow for MUD type development along the west side of WCR7. To facilitate future development along the new WCR7 western corridor, currently outside the MUD Area boundary, the applicant proposes extending the western boundary to the Liberty Draw at the western boundary of Adler Estates, which will also serve as a natural buffering edge for agricultural lands to the west. Adler Estates proposed land use is consistent with existing MUD Area residential zoning adjacent to the proposed inclusion. Adler Estates includes a 300-acre master planned residential community with single- family attached and detached housing product. This use is allowed on the portion of Adler Estates within the MUD boundary. The St. Vrain Valley School District plans to construct the high school in 2006 concurrently with initial phases of Adler Estates. Expanding the MUD boundary will facilitate orderly growth near the high school and reduce vehicle trip times, rather than force development elsewhere. Lastly, when the original MUD was planned , sewer and water services were limited in this area. With recent expansions of the Longs Peak Water District and the St. Vrain Sewer district service boundaries this area is now capable of being adequately served for the purposes of low density residential development. Included in our submittal are 'Will Serve' letters from those service districts. land planning • urban design • landscape architecture • park planning 9137 S. Ridgeline Blvd., #130, Highlands Ranch, CO 80129 www.landarchitects.net phone (303) 734.1777 • tax(303)734,1778 es* fra LAND Li ARCHITECTS How the proposed amendment is consistent with existing and future goals policies and needs of the county. Section 22-1-120.A Comprehensive Plan guiding principles, of the current Weld County Comprehensive Plan, states that it is the goal of the Comprehensive Plan to express the needs and vision of a developing county, while protecting individual property rights. The Adler Estates site includes three contiguous parcels with one property owner. The parcels outside of the MUD Area are currently unusable remnants creating a hardship on the current property owner. Inclusion of the remaining parcels into the MUD Area will create a unified zoning classification in the area, and provide compatible development with a positive impact on the community. Section 22-2-190 Residential development goals and policies, of the current Weld County Comprehensive Plan states that adequate public services and facilities be currently available or reasonably obtainable to serve residential development. The proximity of Adler Estates to the current MUD Area roadway corridors allows efficient use of planned resources and infrastructure. With the improvements planned by Public Works and the School District near Adler Estates, our plans for development further support the criteria outlined in the Comprehensive Plan to develop around and in conjunction with planned infrastructure. How the proposed amendment is adjacent to and contiguous with the existing 1-25 MUD Area Map. As stated above, two thirds of Adler Estates is adjacent to the western MUD Area boundary at WCR7 between WCR26 and WCR28. The remaining one third of Adler Estates is within the MUD area east of WCR7 between WCR26 and WCR26.5. How the proposed amendment will not place a burden upon existing or planned service capabilities, including how emergency services shall be provided to the site. Adler Estates is near proposed school district and public works expansion projects. The applicant has contacted and/or held meetings with the local agencies affected by Adler Estates. These agencies have commented favorably and have encouraged the applicant to proceed with studies. The list of contacts includes the Mountain View Fire Protection District, which will provide fire protection services to Adler Estates. Please see the attached letters from the following agencies summarizing land planning • urban design • landscape architecture • park planning 9137 S. Ridgeline Blvd., #130, Highlands Ranch, CO 80129 www.landarchitects.net phone (303) 734.1777 • fax (303) 734.1778 LAND al ARCHITECTS their concerns and support: Weld County Public Works, St. Vrain Valley School District, Weld Library District, City of Longmont, Longs Peak Water District, St. Vrain Sanitation District. Also attached is a summary of phone conversations and meeting minutes with other agencies regarding Adler Estates. The number of people who will reside in the proposed area. This shall include the number of school aged children and address the cultural and social service provision needs of the proposed population. Our development proposal allows for approximately 1,200 new residential dwelling units. Using the national multiplier of 2.5 people per household the total is approximately 3,000 residents for Adler Estates. As stated above, the site is located in the immediate vicinity of a future high school site that will serve resident of Adler Estates. The St. Vrain Valley School District may require an elementary school within Adler Estates. The master planned residential community will provide the necessary parks and open space land allocation in the form of neighborhood parks, perimeter landscaping, and trail systems connecting the proposed neighborhoods within Adler Estates. The Weld Library District has indicated that it plans to develop a new branch location along the CO 119 corridor east of 1-25, and expects the residents of Adler Estates to use this facility. On behalf of the applicant I thank you for your time. If you have any questions, please give me a call. Sincerely, Joshua Rowland/Project Manager land planning • urban design • landscape architecture • park planning 9137 S. Ridgeline Blvd., #130, Highlands Ranch, CO 80129 www,landarchitects.net phone (303) 734.1777 • fax(303) 734.1778 LAND 0 ARCHITECTS February 26, 2004 Kim Ogle, Planning Manager Weld County Planning and Zoning Dept. 1555 N. 17th Ave. Greeley, CO 80631 RE: Melody Homes, Adler Estates Development — MUD Area Structural Plan Amendment Submittal Dear Kim, Thanks again for your assistance with this process and consideration by the county of Adler Estates. Our project team looks forward to working with the Weld County Planning Department on this project. Adler Estates is located, in part, within the weld county MUD along Weld County Road 7 between Weld County Roads 26 and 28. The Adler Estates proposal is for a 1,200-unit low-density residential community designed around multiple neighborhood parks, open space and trail areas. A mixture of attractive single family attached and detached products will provide affordable homes for a variety of lifestyles and income levels. This application package includes the following (per the MUD Area Structural Plan Amendment Submittal checklist requirements): 1. One (1) original signed and eleven (11) copies of the two (2) applications for Parcels 1 & 2. 2. Twelve (12) 8.5"x11" copies of the 'Existing Conditions' map and, twelve (12) 8.5"x11" copies of the 'Land-Use Development Concept' map. 3. Two (2) copies of the Weld County Road Access Information Sheet, including original. 4. One (1) Original and eleven (11) copies of the Written Response Statement. 5. Two (2) copies of the Deed Summary 6. One (1) original Power of Attorney from the owner for Melody Homes to sign applications related to the Weld County planning process, and one (1) copy of the Letter of Authorization from the Property Owner to proceed with the planning process in Weld County. land planning • urban design • landscape architecture • park planning 9137 S. Ridgeline Blvd., #130, Highlands Ranch. CO 80129 www.landarchltects.net phone (303) 734.1777 • fax(303) 734.1778 LAND 0 ARCHITECTS 7. One (1) original and three (3) copies of the preliminary traffic analysis. 8. One (1) $1,400.00 check for the application fees to include two (2) parcels into the Weld County MUD Area. Also included in this section are the letters of correspondence with agencies affected by the Adler Estates proposal, to include the following; • Weld County Public Works Dept. • St. Vrain Valley School District • City of Longmont Planning Dept. • Longs Peak Water District • St. Vrain Sanitation District • Weld Library District • Project contact list with discussion summaries On behalf of the applicant I thank you for your time to review our submittal. If you have any questions, please give me a call. Sincerely, J.a Joshua Rowland/Project Manager land planning • urban design • landscape architecture • park planning 9137 S. Ridgeline Blvd., #130, Highlands Ranch, CO 80129 www.landarchltects.net phone (303) 734.1777 • fax(303) 734.1778 WELD COUNTY ROAD ACCESS INFORMATION SHEET Road File#: Date: February, 27, 20Q4 RE# : Other Case#: Weld County Department of Public Works 111 H Street, P.O. Box 758, Greeley, Colorado 80632 Phone: (970)356-4000, Ext. 3750 Fax: (970)304-6497 1. Applicant Name DR Horton/Melody Series Phone 303.466.1831 Address 11031 Sheridan Blvd.,Suite A City Westminster State CO Zip80020 2. Address or Location of Access Section 33& 34 Township 3N Range 68W Subdivision Block Lot Weld County Road#: 7 Side of Road_West Distance from nearest intersection 1,320' 3. Is there an existing access(es)to the property? Yes X No #of Accesses 2 4. Proposed Use: O Permanent Residential/Agricultural O Industrial O Temporary XI Subdivision O Commercial O Other rrwr}wwwwwrrrrawaaaarwwa*aaaaawawwwarrrarrraar}w#awaaaaarfwwa wwwawrrr*awarwawasawaaaaw*rraawwaa►rwwwawrawarwarwrrwr»w*a#rasa 5. Site Sketch Legend for Access Description: AG = Agricultural RES = Residential O&G = Oil &Gas D.R. = Ditch Road = House - O = Shed (See attached Concept Plan) NI .* ****************aaawaawwwararaarar OFFICE USE ONLY: Road ADT Date Accidents Date Road ADT Date Accidents - Date Drainage Requirement _Culvert Size Length Special Conditions Installation Authorized U Information Insufficient Reviewed By:_ _____ Title: "19'" S v t2111 Vary School District February 25,2004 Land Architects Attn:Joshua Rowland 9137 S.Ridgellne Blvd.#130 Highlands Ranch,CO 80129 RE: Adler Estates Residential Community MUD Inclusion Application (Situate in Sections 33 &34, T3N. 868147 Dew Joshua: Thank you for the opportunity to meet and to review the Adler Estates Residential Community MUD Inclusion application. The District reviews development proposal in terms of(1) available school capacity and (2) required land dedications and/or cash-in-lieu fees and has the following comments concerning your application. (11 SCHOOL CAPACITY The Board of Education has eatblieted a Oland-wide poiry of opposing ma developments that add to the student enrollment of overcrowded schools prior to the District%SAW to provide needed ragas. Overcrowded schools we those that are projected to be at or above 125% of their capacity within 5 as. The Bord has determined that school facilities operating beyond the 125% threshold impose costs an the Playlet that begin to act es any to adequately provide educael services to the public. Base of the burden sealed on the District once a school exceeds 126% of capacity, a development propose cannot be supported urea there is a known dale for capedly relief. Typically ceoa reset comes once the Bond of Education establishes a construction schedule for a new Milky sometime after a successful bond election.Once the dab of cepedty relief Is known, the Planning Department non work with the developer on an appropriate phasing plan that to il.M1s4 the compston tan new enidrh8el unite at the Salton.-n of school capacity tier the feeder. Current capacity for this feeder is noted in the diet below. CAPACITY ISP TIee CAPACITY s.a.e.s pains.*tw•.tN.IN.•N.NN.at+.afoot M.NY Sate St,.. slat main •011N• 340.1.1 1tSIM• 5545*• t.n•I Cavac•4 (Haan lon•1 SW. C••. Min C... SYu Ca- soli cos. SW. t4.. Yr Hltry U. .0 • Ua 1' I t f •r 54 if len _a." �/`V111 Ywr lit sit • 'u All?Nta YY• 1S11 • IS 52% • 1 aea o a1 a1• Nita , 1121 ,..4 • )411 4115.4,11 1149 'Sea 11SS 1•f• WC an Q1% net sat • 2445 1 flit 1 }•1• I Sao 1 •+• .N.t,..Y.N.t..Sr.......,.NNIyS.NN.a4..sea..as..ANN...,N.I...4N.a..Y SAW te..a r..Mein•. •/.I....X,IIXt..•u..Ole Itl M/.4..0 5404 As we disamsed in our meeting, maw option you may want to consider is to pursue the Dlbt es miligadon palsy met would slow the Matt to girls a positive referral response for this application kregan ices of capseay concerns. Under the policy, should an spaced wish to begin coraction on a realdenNel development prior to the Districts Sly ID Pavide edaael agPecay, the heatieent may magas the development's impact on the feeder by agreeing to a von eery. per a payment. Funds would be used to provide permanent or temporary capacity'Sikh the impeded feeder.The poesy and payment structure were handed to you at our meeting end you ideated a willingness to Napa,ahauki M be necessary. Other specific comments concerning this proposal regarding School Capacity are as follows: • Under current boundaries, the impacted schools will be Mead Elementary, Used Middle and Skyline High School. • This application will add approximately 1200 new single-family and multi-family dwelling units to the impacted schools, however, without mare specific information the potential student Impact cannot yet be calculated. ST.VRAIN VALLEY SCHOOL DISTRICT PLANNING CIS OR.PHONE TD&ISOUTH PRATT�3PAri1(WAY.LONGMONT.CO 80501.SCOTT • Of the schools in this feeder, Skyline High School and Mead Middle School we projected to exceed 125% of capacity within 5 years with the addition of students from this development. This could be cause for concern for future plat applications related to this development, depending on the timing of new facilities. end tetanus the appease parlideeles in mitigation or not • Curendy it is unknown when the School District can egmbegmbligasajbekt .A middle school Is scheduled s, for high ag In the FM of 2005 and will Slob overcrowding ectwtl relief Is approved in the 2002 Bond,the construction schedule for this the middle school level.However,although high school remake undetermined.Differing rates of residential growth kh pats of the District and the budgeting of operairng funds to staff new scoots both flu the construction shadl$e of individual projects. Currently,the Board of Education is reviewing these faces and the timing of the new hlgli school for this urea. If the cord decides to go fonvard with this project at this time,the very eeriest It could open would be the Fall of 2006. j2)LAM)DEDICATIONS AND CASH IN-LIEU FEES The School District% Cash indfau of led dedication policy requires the dedication of lad with the adjacent infrastructure and/or payment of an equivalent cesh-aNteu (CIL) tee based on the student yield of the development. CIL fees any provide funds for land acquisition. which h only a mall component of providing additional school cepooiy for a feeder.Specific comments regrteng lard dedications and CI fees for this referral are as follows: • The School Dbbtal has identified the need for an elementary school in this area and requests a 10 acre dedication In this instance. Beams over 000 of Ilhe proposed units we outside the MUD and not previously assessed in our We school needs, the impact on fu00e needs remake to be reevaluated. This reevahsatorh fluid be complete prior to ow referral response for the appteiion- • According the District methodology,a 10 awe dedication would satisfy the payment et cash in-lieu fees for fast 543 single femiy tats. Al unik over that amount would be required to pay CIL fess. GENERAL COMMENTS PedasSi access to and bun stool sibs la also an inhporfad consideration for the School District.Nsmey.that developments have safe walking paths b schools, and that site plan do not present significant barriers for students to walk a .eesonable stance to school As pat of our'Secessions on Jamary 29.we brought tm the south. r , including el to �� ny seeding or proposed trall We also expressed our concern over cr existing ossing WCRopment 7 to the set pmptea h ho a get to the We �School.and commented that an underpass would be the preferred method to resolve this concern-The District looks fawrd to waking trash these pedestrian issues at IS stages of development as more specific details of the development become available. The recommendation of the District noted above applies to the aarudance boundaries ante as of the date of this lecher. As new school tallies we constructed wider the approved 2002 bond, this project attendance area and capacity could be effected in to fulcra. If you have any further questions or concerns regarding this referral, please feel tree to contact me de email at seorue atandesterainic12.co.us or at the number below. Sincerely, Glen Segrue,AICP Planning Specialist ST.VRAIN VALLEY SCHOOL DISTRICT PLANNINGDIRECTOR. DEPARTMENT.PI, T 395 S SOUTH FAX 303482-7344.WAYLONGIMONT,CD 80501.SCOTT exhibit A Scheel Planning Adler MUD uxlusion Standards And Calatladon of Lund Dedication flq*entents !MISS Mks '- Nanny Lean&.S Iunberwed Sant site Site Acres of Developed of student Petits Standard Land Land auMallen Units Yield Standard Arsts kintribstlet Value Con[flbn* n dementarY 543 0.35 525 10 3.62 555,000 190.05 Number ofstudents • No.of units •Student Yield Equation:Number ofStudentrinem.Student Fatly S1Ld•Sm. Site LW Standard •Ades of land Contribution Middle Level 543 0.14 750 25 2.55 535,000 76.02 Number of Students-No.of units•Student dem Equation:(amber of Stuodents/Wddle Student Sanity Siren•Mirk*Site Site Standard•AdesofLandContribution High School 543 0.17 1200 50 3.85 535,000 92.31 Number of students-No.of units•student Yield Equation:number of Stu ienSdeh School Student satiny Sim•Nan Scrod Site So •Ades of LanaCbntribution Total 543 359.38 10.00 535,000 5350,009 Equation: Ebnm.Aeroflot + RHddlo Acnyfa + #*A School two Is Total Ant of Land Contribution Single Family Student Yield Is.66 5645 Per Unit • 225103 Planning Department c o d a Z c c ; il 1 i ! ! r 5 i I : 4 I III ill X Ili 12 II§ I § . Pil ill as Eli oa of ill C nil 11 I a a a !III 611 FIII1111 a vs c A 11 oo PiNi ri i ai 11 § 161 YI t i g s tidbit A *11001 Manning Adler MUD Inclusion Standards And Calculation of Land Dedication Iteedrements Condolyeamhouse els,see esnr�b�s flanMfN ManberarojeCted Student Site Sire AQee of developed Of student Sacs ity Sanded Lend Land Caret4n4lou ) Unit Yield eandnd Acres Bart ibuUm Value Contribution Elementary 100 0.13 525 10 0.25 535,000 13 Number ofStudents - No.of Units•Student Yield EauatlondNumber of Stuaent*Elem.Student Facility Wei•teem.Site We Standard -Accres of Land Contribution Middle Level 100 0.11 730 25 0.37 535,000 11 Number ofstudents -NO.Of Units•Stunrt Yield Eduation.fNumber of StutientsAildtlie Student Facility Sitel•Atldde Site size standard -Acres of Land Contribution High School 100 0.05 1200 50 021 535,000 5 Number of students-No.of Units•Student YEW twrmber of stuoontsoogn saw Student Fecllty Saar for School Site Size Standard- ACM of Land Cant Total 100 29 0.82 535,000 $28,792 Equation: Ekon,Acreage + Meddle Amass + High School Amigo • Tom;Amor of Land Conhiburion 5288 COndortownhouse Student Yield is.29 Per Unit 2/25/03 Planning Department • • • • • DEPARTMENT OF COMMUNITY DEVELOPMENT PLANNING DIVISION Civic CS Counpi u/ Longfttont,CO 80501 calf g . v� (303)6S1-6330/ Fax*(303)651-0006 E-mail: Web site: htto:/hrwm.cliongmont.co.us February 25, 2004 Mr. David Andrews DR Horton. .. Melody Series 11031'Sheridan Boulevard, Suite A Westminster, CO 80020 Adler Property in Weld County, Dem David, • Thank you far meeting with me to discuss phns by Melody Hanes to develop 300 acres in southwest Weld County adjacst to Road 7. The City of t orgmoiit-understarrds that Melody intends to Me an applkatiao with Weld OM*/for Inclusion of this properly into the MUD arm. This property is awrtiguorrs to an area of Joint planning interest between Weld County and the City or Longmont, As a part of the application icvtW for the MUD inclusion,the CRy of Longmont expects that Weld County will refer this to Longmont for canned. Thanks again for meeting with me to give us information about Melody's plans near Longmont. Sincerely, Brad Schol Planning Director LAND Liu.ARCHITECTS Steve Cottrell, Executive Director Weld Library District 2227 23rd Ave. Greeley, CO 80634 RE: Melody Homes, Adler Estates Development Dear Steve, Thanks for taking the time to speak with me today regarding the Melody Homes residential development I am working on in Weld County. I appreciate the information about the Weld Library District's plans for future development. As I understood from our conversation, the probable location for a future library in the vicinity of our project would be along Hwy 119 on the East side of 1-25 near a commercial development. Based on the location of our potential development, it is my understanding that our client Melody Homes would not be required to provide the Weld Library District with any land dedication or fees as it is not directly adjacent to a commercial use area. I have provided a signature block below to confirm the details of our conversation as it relates to cultural impacts of our development in the Weld County MUD sub-area. This letter will be included in our submission packet for petition of inclusion into the MUD sub-area. If any issues come up in the future that change the direction of the district's master plan, please feel free to contact either Dave Andrews with Melody Homes at 303- 466-1831 or myself at 303-734-1777 regarding our project. Sincerely, J. Joshua Rowland/Project Manager Mr. Steve Cottrell Date Executive Director, Weld Library District ann r— - • =n:_ _ • - ^ L .1 r 9' , e'� � - n' ',gin� 00 80129 LAND ARCHITECTS February 26, 2004 Kim Ogle, Planning Manager Weld County Planning and Zoning Dept. 1555 N. 17th Ave. Greeley, CO 80631 RE: Melody Homes, Adler Estates Development — MUD Area Structural Plan Amendment Submittal Dear Kim, Following is a list of the contacts we have been in touch with regarding Adler Estates and a summary of our discussions. 1.) Kim Ogle Weld County Planning p 970.353.6100 x3540 1555 N. 17th Ave. f 970.304.6498 Greeley CO 80631 2.) Keith Meyer Weld County Public Works p 970.304.6496 x3750 1111 H St. f 970.304.6497 Greeley CO 80632-0758 Met with Keith Meyer, Donald Carroll, and Peter Schei in Greeley, 1/30/04. Their major comments were... A.) Access along future WCR7 [140' ROW]arterial roadway is limited to the half and quarter mile locations B.) Current plan for WCR7 routing is to jog west along WCR28 at the north end of our site, also there needs to be some flexibility at the south end of our site at WCR7 &WCR26 to allow for connectivity to bridge/roadway proposal through Barbour Ponds to the south. C.) Any pedestrian connection (over/under WCR7) to the future school site shall not be a requirement of the Public Works Dept., if required by the planning/school dist. Staff we will have to get it approved through Public Works. D.) WCR26.5 is planned as a local (we should consider planning it as a collector) and shall provide access to the east and west of our site, bridge and additional roadway construction fees for connectivity to the west shall not be required by our development. E.) The Adler property development shall not be responsible for funding of the offsite WCR7 improvements for the bridge and roadway connection to the south. The developer shall provide improvements for WCR7 where it is adjacent to the site. F.) The developer's project civil engineer shall research/determine the optimal crossing location / of WCR26.5 over the drainage way to the west and design on-site roadways accordingly. (See attached letter of approval from Weld County Public Works Dept.) . C annir • _13r := 1,7:9:1,3,73'.....t re" t • Car S R'id05 ^e Ranc i 00 80129 ,,. I :arhri . .•._( phone (303) 734.1777 • fax(303) 734.1778 LAND O.ARCHITECTS 3.) Gloria Hice-Idler CO Dept. of Transportation p 970.350.2148 1420 2nd St. Greeley CO 80631 Spoke via phone with Gloria on 2/4/04. Her major comments were... A.) Improvements will be necessary in the future at CO Hwy 66 and the new WCR7 intersection ' to accommodate increase traffic from the Adler and Centex developments. B.) Weld Co. PW indicated that the Adler site development will not be required to do any off-site improvements other than dust control until the road is completely paved. 4.) Celia Greenman CO Geological Survey Div. p 303.866.2811 1313 Sherman St., Room 715 Denver CO 80203 Spoke with Celia via phone 2/4/04, she confirmed that they will review the geo-tech report during the preliminary plat process. Her concerns are the sites suitability for development as it relates to under-mining rights/activity, the presence of shallow ground water, etc., none of which she expects is an issue on our site. I informed her of our development program, and said I would follow up with a revised concept bubble plan and a letter. She is sending me copies of the regional soils maps for our site vicinity. 5.) Louanne Penfold Mountainview Fire Protection District p 303.772.0710 Longmont, CO Met with Louanne to discuss the concerns and requirements of the district. (Action; design team shall keep the district updated throughout the development process and provide opportunities to review progress.) 6.) Scott Toillion St Vrain Valley School District p 303.682.7356 395 S. Pratt Pkwy. f 303.682.7344 Longmont CO 80501 Met with Scott Toillion and Glen Segrue in Longmont, 1/29/04. Their major comments were... A.) The district wants a pedestrian underpass connection to the future high school under WCR7 from the proposed residential on the Adler site. B.) Staff briefed us on the Voluntary Capital Mitigation plan and provided us with a worksheet. C.) If current projections do not change, the HS site will be developed in 20� D.) Staff expects we will need to provide an elementary school site : 525 dents) within the Adler site, rooftop calculations suggest we will need to provi.sh-in-lieu for a additional 10 ac site. Staff will use our revised concept bubble plan to provide updated requirement info. E.) Staff suggests that the development provide pedestrian linkages to the school site, any elementary school site shall be on a major local/collector street and be adjacent to a local park. (See attached letter of approval from School District) 7.) Brad Schol City of Longmont Planning Director p 303.651.8330 Longmont CO (See attached letter from Brad Schol, City of Longmont Planning Dept.) Land - • L".3n de, 0.nds arC: ?ec e • par'k p inn ^h 9137 S. Ridge ne BVd *130, Highlands Ranch, C080129 ,_n'tect_ oe' phone (303) 734.1777 • fax(303) 734.1778 LAND O. ARCHITECTS 8.) Barry Dykes Longs Peak Water District p 303.776.3847 9875 Vermillion Road Longmont, CO 80504 (See attached letter confirming will-serve request) 9.) Brent Shafranek St. Vrain Sanitation District p 303.776.9570 436 Coffman Street Longmont, CO 80502 (see attached letter confirming will serve request) 10.) Carrie McCool Town of Frederick, Planning p 303.378.4540 Frederick, CO (spoke with Carrie and informed her of the details regarding Adler Estates) 11.) Tammy Weese Town of Firestone, Planning p 303.833.3291 Firestone, CO (spoke with Tammy and informed her of the details regarding Adler Estates) 12.) Steve Cottrell Weld Library District p 303.833.3291 Greeley, CO (See attached letter of approval from Library District) On behalf of the applicant I thank you for your time. If you have any questions, please give me a call. Sincerely, Joshua Rowland/Project Manager Lana. o:anntay • ,'aanl da ion • iandsca a itec re • p k o'an 9137 S. Ridgeline B(vd_ *130 Highlands Ranch. CO 80129 landarrhitects.net phone (303) 734.1777 • (ax i303 734 1778 n eTh LAND !ARCHITECTS February 16, 2004 Scott Toillion, Planning Dept. Director St. Vrain Valley School District 395 S. Pratt Parkway Longmont, CO 80501 RE: Melody Homes, Adler Estates Development Dear Scott, Thanks for taking the time to speak with us at your offices on 1/29/04 regarding the Melody Homes residential development in Weld County. I appreciate the information your staff was able to provide us regarding the school district's issues surrounding our project site. We are submitting the attached (revised) concept plan graphic to address the concerns and issues that were discussed in our meeting. Please review the following summary of the meeting discussion items and the concept plan to verify that we are proceeding in accordance with our discussions as well as the understanding that our project will be required to follow St. Vrain Valley School District development standards. Discussion Summary Items: A.)The district wants a pedestrian underpass connection to the future high school under WCR7 from the proposed residential on the Adler site. B.) Staff briefed us on the Voluntary Capital Mitigation plan and provided us with a worksheet. C.) If current projections do not change, the HS site will be developed in 2006. D.)Staff expects we may need to provide an elementary school site (10 ac/525 students) within the Adler site, rooftop calculations suggest we will need to provide cash-in-lieu for a additional 10 ac site. Staff will use our revised concept bubble plan to provide updated requirement information. E.) Staff suggests that the development provide pedestrian linkages to the school site, any elementary school site shall be on a major IocaUcollector street and be adjacent to a local park. F.) The school district staff shall use the revised concept plan, which shows an expansion to the district's service area, to re-calculate the statistics regarding growth in the vicinity of our project site. I have provided a signature block below to confirm the information contained in this letter and the attachments is consistent with the direction given by the St. Vrain Valley School District as it relates to impacts of our development in the Weld County MUD sub-area. Again, your initial support of this project is with the understanding that more detailed studies and plans will be provided during future submittals to • n„ _.i., ='s0 Highlands Ranch. CO 80129 ianaarch'ter.",net ph nc(303) 734.1777 • fax (303)734.1778 LAND ARCHITECTS Weld County Planning Department that the school district will be reviewing. We will be including this letter in our submission packet for petition of inclusion into the MUD sub-area. Please notify me if there are any changes that need to be made to the content of this letter or to the attached concept plan. We will be submitting our MUD Inclusion package before the March 1st deadline and would like to have all revisions completed prior to that submittal. If any issues come up in the future that change the direction of the Public Works Dept., please feel free to contact either Dave Andrews with Melody Homes at 303- 466-1831 or myself at 303-734-1777 regarding our project. Sincerely, Joshua Rowland/Project Manager Scott Toillion Date Planning Dept. Director, St. Vrain Valley School District clariln • . c3n cas Cr • lands ape a critec a pap ppia-nirg 9132 Ridge) re B;vd -130. Highlands Ranch. CO 80129 wAw_landarchltects.ref phone i3O3/ 734.1777 • fax(303) 734 1778 FAX TRANSMISSION Weld County Public Works Oeparuneul Fax: 970-3044497 Phone:970-356-4000,ext.3750 Mailing Address: P.O.Box 758,Greeley,CO 80632 cows Physical Address: 1111 B.Street,Greeley,CO 80631 In: otiorit &4 .4' Dale: (9/ o4 Fax: ' ' . i F' /778 Pages: 3 Yrnm: 1t s$ Subject: Army MAW, - /144.- $$hlties COMMENTS: a :.w/ et,/ r4//s' .k Apra/ cQNUTIE IIAL This facsimile is intendedaly for the use of the individual orentity to which it u a.kltessed sad may contain htfonnation thatixmeinle ,eonttdential,andexemptfrmndisclosuretmdesapplicableLaw. If the reader of this facsimile is not the intendedrucipient nor the employee or agent responsible for delivering the facsimile to the intended recipient,you ate hereby nou ied that any dissemination,distribution,or copying of this communication is strictly prohibited. If you have received*this communication in error,please notify us immediately by telephone and return the original message to us at the above address via die U.S.Postal Service. Thank you. nekwpnauNYWvcr.wpd • • • PUBLIC WORKS DEPARTMBTiT 1111 A STREET >�l P.O.BOX 758 CREE-EY,COLORADO 80632 11 WEBSITE:WWW.CO.WELD.CO.US • PHONE(970)356-4000,EXT.3750 Illk FAX: (970)304-6497 COLORADO February 26,2004 Mr.Joshua Rowland Project Manager Land Architects • 9137 S. Ridgeline Blvd.,.#130 Highlands Ranch;CO 80129 RE: Letter of Understanding for Melody Homes—Alder Estates Development Dear Mr. Rowland: This letter follows tip on your February 16'"letter to Weld County Public Works providing a summary of the meeting held on January 30L' regarding the above referenced development. We reviewed this letter and provide the following summary of the January meeting. Discussion Items:. • Weld County Road 7 is classified as a major arterial roadway requiring a 140-foot right-of-way. Public Works will requite that access points to the arterial road be limited to half-mile intervals. The County will consider quarter-mile access jtoints if safety issues,roadway capacity and level of service(LOS)of the arterial road are not compromised. • The alignment'for Weld County Road 7 will jog west along Weld County Road 28 at the north end of the proposed development site,requiring adequate transportation geometric curvature through the applicant's property. The Weld 'moo mt1I-25 Parallel ArterjaiSludy documents this route. • The proposed development will need to allow flexibility on the south end of the site at Weld County Road 7 and Weld Countykoad 26 to accommodate southern connectivity for the proposed bridge and roadwaythrough the Barbour Ponds area. • The Public'Works Department is neutral on any future pedestrian connections (over or under WCR 7)to the future school site on the east side of the development. We feel a pedestrian connection can be provided at-grade,at a controlled intersection or with a pedestrian underpass. Considering the future vehicular volume on this roadway,a pedestrian underpass may provide a safer route to the school site. • The Alden States development has agreed to plan Weld County Road 26 h as a collector roadway with an 80-foot right- of-way. 3'lattedaight-of-way will be provided on the east and west sides of the property for future connectivity. The developer's tiroject.civil engineer and planner will research and determine the optimal crossing location for Weld County Road 26.',over the drainage way to the west of the development site with Public Works review. On-site roadways for the development will be designed according to the WCR 26''A alignment findings for future platting purposes. • • The developer shall provide improvements for Weld County Road 7 adjacent to the site. • The Public Works Department will not require the applicant to participate specifically in funding off-site improvements for the:bridge and roadway south of the development through Barbour Ponds. The funding of the bridge and roadway throuslhBefiour ponds will come from County-wide Road Impact Fees. • Weld County does not oppose the inclusion of this development into the MUD area as long as all of the MUD and Weld County criteria arc met. To date we have not received any submittals to make a formal determination. We look forward to additional studies and submittals for this development that will better define the project concept and overall development. Please let us know if we can provide any further review or assistance. Sincerely, Keith MeYe r P.F .. Engineering Manager Cc: Peter Schei,P.E. file • • • • • • '. "' • TQ'.v'ncr.?i71:7 P_..9-.1'i;•fit:f'.r.:nu'll..:Dwle;v.vr.:mvl.eh•homes Iciio• ''.u.t:; ;am Ir.ttL' .1K!Ni( LAND LI ARCHITECTS February 16, 2004 Keith Meyer, Engineering Manager Weld County Public Works Dept. 1111 H. Street Greeley, CO 80632 RE: Melody Homes, Adler Estates Development Dear Keith, Thanks for taking the time to speak with us at your offices on 1/30/04 regarding the Melody Homes residential development in Weld County. I appreciate the information your staff was able to provide us regarding the engineering issues surrounding our project site. We are submitting the attached (revised) concept plan graphic to address the concerns and issues that were discussed in our meeting. Please review the following summary of the meeting discussion items and the concept plan to verify that we are proceeding in accordance with our discussions as well as the understanding that our project will be required to follow Weld County Public Works standards. Discussion Summary Items: A.) Future WCR7 [140' ROW] arterial roadway access is limited to the half mile locations per policy and quarter mile locations would be considered upon demonstrating all safety issues and concerns have been addressed. B.) Current plan for WCR7 routing is to jog west along WCR28 at the north end of our site (see Weld County 1-25 Parallel Arterial Study), also there needs to be some flexibility at the south end of our site at WCR7 & WCR26 to allow for connectivity to bridge/roadway proposal through Barbour Ponds to the south. C.)Any pedestrian connection (over/under WCR7) to the future school site is not a requirement of the Public Works Dept., if planning/school dist. Staff requires one Public Works will review the design. The Public Works department is in favor of at grade crossings in conjunction with major roadway intersections. D.)WCR26.5 is planned as a local street, we should consider planning it as a collector and provide platted R.O.W. access for connection to the east and west of our site. However any off-site bridge and additional roadway construction costs for connectivity shall be the requirement of future development adjacent to our site. The developer's project civil engineer amd planner shall research/determine the optimal crossing location of WCR26.5 over the drainage way to the west and design on-site roadways accordingly for future platting purposes. c • Lt3 do gn • landscape 3T itec e • par- 9137 S. Ridge re 5 Highlands Ranch, CO 80129 wt.v. andarcreects,net phone (303) 734.1777 • fax(303) 734 1778 LAND a ARCHITECTS E.) The Adler property development is not responsible for funding of the offsite WCR7 improvements for the bridge and roadway connection to the south. However, the developer shall provide improvements for WCR7 where it is adjacent to the site. I have provided a signature block below to confirm the information contained in this letter and the attachments is consistent with the direction of the Weld County Public Works Dept. as it relates to impacts of our development in the Weld County MUD sub-area. Again, your initial support of our project is with the understanding that more detailed studies and plans will be provided during future submittals to conform to the Weld County Public Works standards. We will be including this letter in our submission packet for petition of inclusion into the MUD sub-area. Please notify me if there are any changes that need to be made to the content of this letter or to the attached concept plan. We will be submitting our MUD Inclusion package before the March 1st deadline and would like to have all revisions completed prior to that submittal. If any issues come up in the future that change the direction of the Public Works Dept., please feel free to contact either Dave Andrews with Melody Homes at 303- 466-1831 or myself at 303-734-1777 regarding our project. Sincerely, d. Joshua Rowland/Project Manager Mr. Keith Meyer Date Engineering Manager, Weld Co. Public Works of a F a " n 1/.131 des :an • ardscdp ,:n'.teet re • park p inn 13 913- S.Riageh BNed., _ 30 High,ands Ranch.00 80129 ^;ti^rsv landarchitects.net phone(303))'734.1777 • tax 4303) 734-1778 Tel: 303-792-2450 P.O. Box 260027 EUGENE G. COPPOLA P.E. Fax: 303-792-5990 Littleton,CO 80163-0027 February 23, 2004 Mr. Todd Borger P.E. TetraTech RMC 1900 S. Sunset St. #1-F Longmont, CO 80501 RE: Preliminary Traffic Study for MUD Inclusion Adler Estates (Melody Homes, Inc.) 300±Acres along WCR 7 between WCR 26 &WCR 28 Dear Mr. Borger: I have prepared a preliminary traffic study for the Melody Homes parcel along Weld County Road 7(WCR 7). The property generally includes the west side of WCR 7 between WCR 26 and WCR 28 and the east side of WCR 7 from WCR 26 to a point one-half mile to the north. The landowner wishes to be included in the Mixed Used Development Area (MUD) area. The site totals about 300 acres. Preliminary site traffic was estimated based the anticipated land use and density. The follow- ing site traffic is expected based upon published Institute of Transportation Engineers (ITE) trip generation rates. Daily AM Pk HR PM Pk Hr Use Size Rate Trips Rate In Out Rate In Out Single Family 1200 D.U. 9.57 11,484 0.75 225 675 1.01 764 448 As shown, 900 morning peak hour trips, 1,212 afternoon peak hour trips, and 11,484 trips per day can be expected from this parcel. Direct site access will be from WCR 7, WCR 26, and WCR 28. These existing roadways currently border the site. Preliminary traffic assignments to and from primary roadways are indicated below. This distribution is reasonably consistent with current traffic patterns and is logical given the anticipated land uses. Roadway Section % Site Traffic Daily Site Traffic CR 7 North of CR 28 35% 4,020 CR 5% South of CR 26 65% 7,460 SH 119 West of CR 5% 20% 2,300 East of CR 5'% 45% 5,170 SH 66 West of CR 7 10% 1,150 East of CR 7 25% 2,870 East of 1-25 5% 570 1-25 North of SH 66 20% 2,300 South of SH 66 35% 4,020 SH 66 and CR 5% are currently paved two-lane roadways having one lane in each direction. SH 119 is a divided four-lane roadway. Both SH 66 and SH 119 provide direct access to 1-25. CR 26 is presently an unpaved two-lane roadway. A comprehensive traffic study will be undertaken after acceptance into the MUD. That study will better define actions needed to mitigate the transportation impacts of this development on the area street system. It will be based upon more detailed information and a specific development proposal(s). At that time items such as site access, internal roadways, road- way lane-age, auxiliary lanes, intersections, and traffic controls will be fully addressed. I trust this letter will meet your current needs. Please give me a call if you have any ques- tions or need additional assistance. Sincerely, Eug e G. Coppola, P.E. 3 c, .ev..J.Q.E olsrso C••n�i,, *ir 15945 Wst€ .0. ......�C UQ 2. .S.. U 1 ,.` f3111M' � :DYER: Marvin L. Dyer, Broker REALTY, INC. 520 MaIn Stint.Suits A (303)772-3200 Mice P.O.Box 2185 (303)776-2311 Longmont.CobraOo 80601 (303) 776.9282 Mane L 1..-, (303)651.1320 FAX TO: 1��WA LQ d Arrkkrrh 303 134 ill% SE: ADL.02-- VIA FACSIMILE TPANSMTFPAL ....For review and aoeamad —For your records For apnetue and return Pier your request Number of oopiee Description 5U3kat ,l$&oriLAsfl REPAAhlab Phew don't hesitate to all with soy quatioee. kindest rtes, Dinfill 2/24/04 February 17.2004 ATIN:Monica Milo Weld County Planning Department 1555 North 17'Avenue Greeley,Colorado 80631 To whom it may concern: T e purpose off*lacer is to anlhorizs Melody Homes,Inc..to Mesa a applicetionto Weld Canty to nu e*inelu lion lathe MUD fix Its pmpetdes listed ad to prevent the ul irnme platting,zoning end aiglosaiog plea a ragoeaed by Weld Comity. We,the undersigned,are owners of the following properties as described in"Schedule A",(A1,A2 and A3)attached hereto: TUB 120 ewes of the NE 1/4 of Section 33,T3N,R68 West of the 6'P.M., (Schedule Al)and All of that part of the SE 1/4 of Section 33,TIN,R68 West of the 6'P.M....(long legal, attached)(Schedule A2) and the SW 1/4 of Section 34,T3N,R68 West of the 6'P.M.(Schedule A3): Ali in Weld County.Colorado:a total of 310 acres m/l. F1oy€Adler aaemalign D.Metm✓ Dated:February 17,2004 Law Office of THOMAS L. BECKMANN, P.C. 1880 Industrial Circle,Suite A-1 Longmont,Colorado 80501 (303)776-7700 Fax Number(303)776-7801 February 25, 2004 Kenneth J. Puncerelli,MLA,RLA,CLARB Via Federal Express Land Architects 9137 S. Ridgeline Blvd.,Suite 130 Highlands Ranch, CO 80129 Re: Floyd and Marion Adler Dear Ken: Enclosed are duplicate original Colorado Statutory Powers of Attorney signed by Floyd and Marion Adler. Very truly yours, Thomas L. Beclanann Man cc: Mr. and Mrs. Floyd Adler COLORADO STATUTORY POWER OF ATTORNEY NOTICE: THE POWERS GRANTED BY THIS DOCUMENT ARE BROAD AND SWEEPING. THEY ARE EXPLAINED IN THE UNIFORM STATUTORY FORM POWER OF ATTORNEY ACT. IF YOU HAVE ANY QUESTIONS ABOUT THESE POWERS, OBTAIN COMPETENT LEGAL ADVICE. THIS DOCUMENT DOES NOT AUTHORIZE ANYONE TO MAKE MEDICAL AND OTHER HEALTH-CARE DECISIONS FOR YOU. YOU MAY REVOKE THIS POWER OF ATTORNEY IF YOU LATER WISH TO DO SO. We, FLOYD ADLER AND MARIAN D. ADLER, residing at 401 Westview Court, Longmont, CO 80501 appoint MELODY HOMES, INC., a Delaware corporation d.b.a. D. R. Horton— Melody Series, whose address is 11031 Sheridan Blvd., Suite A, Westminster, CO 80020 as our agent (attorney-in-fact) to act for us in any lawful way with respect to the following initialed subjects: TO GRANT ALL OF THE FOLLOWING POWERS, INITIAL THE LINE IN FRONT OF (N) AND IGNORE THE LINES IN FRONT OF THE OTHER POWERS. TO GRANT ONE OR MORE, BUT FEWER THAN ALL, OF THE FOLLOWING POWERS, INITIAL THE LINE IN FRONT OF EACH POWER YOU ARE GRANTING. TO WITHHOLD A POWER, DO NOT INITIAL THE LINE IN FRONT OF IT. YOU MAY, BUT NEED NOT, CROSS OUT EACH POWER WITHHELD. INITIAL /VL, ) Real property transactions only for the real property listed on Exhibit "A" attached hereto. N/A (B) Tangible personal property transactions. N/A (C) Stock and bond transactions. N/A (D) Commodity and option transactions. N/A (E) Banking and other financial institution transactions. N/A (F) Business operating transactions. N/A (G) Insurance and annuity transactions. N/A (H) Estate, trust, and other beneficiary transactions. N/A (I) Claims and litigation. N/A (J) Personal and family maintenance. N/A (K) Benefits from social security, medicare, medicaid, or other governmental programs, or military service. N/A (L) Retirement plan transactions. N/A (M) Tax matters. N/A (N) ALL OF THE POWERS LISTED ABOVE. YOU NEED NOT INITIAL ANY OTHER LINES IF YOU INITIAL LINE (N). SPECIAL INSTRUCTIONS: ON THE FOLLOWING LINES YOU MAY GIVE SPECIAL INSTRUCTIONS LIMITING OR EXTENDING THE POWERS GRANTED TO YOUR AGENT. This Power of Attorney is limited in scope to the submittal and processing of any petitions, applications and other submittals and agreements related thereto pertaining to the annexation, zoning, platting and engineering of certain real property owned by the undersigned, more fully described on the attached Exhibit A (the "Property"), which is the subject of two Sales Contracts between the undersigned and Melody, with Weld County, State of Colorado and/or the Town of Mead, Weld County, State of Colorado. This Power of Attorney is further limited to require that no platting of the Property or contractual agreements affecting the Property shall be binding and recorded against the Property without the further written consent of the undersigned, as long as the undersigned are the owners of the Property. UNLESS YOU DIRECT OTHERWISE ABOVE, THIS POWER OF ATTORNEY IS EFFECTIVE IMMEDIATELY AND WILL CONTINUE UNTIL IT IS REVOKED. This power of attorney will continue to be effective even though either of the undersigned or both become disabled, incapacitated, or incompetent. STRIKE THE PRECEDING SENTENCE IF YOU DO NOT WANT THIS POWER OF ATTORNEY TO CONTINUE IF YOU BECOME DISABLED, INCAPACITATED, OR INCOMPETENT. We agree that any third party who receives a copy of this document may act under it. Revocation of the power of attorney is not effective as to a third party until the third party learns of the revocation. We agree to indemnify the third party for any claims that arise against the third party because of reliance on this power of attorney. Agent agrees to notify the undersigned in writing of any persons, entities, or governmental agencies to whom a copy of this power of attorney has been delivered. L Signed this c7S'1--1 day of February 2004. Floyd Adle Marian D. Adler STATE OF COLORADO SS. COUNTY OF BOULDER This document was acknowledged before me on February ?5 2004 by Floyd Adler and Marian D. Adler. My commission expires: 9/.304117 aX 7142A-4._ Notary Public BY ACCEPTING OR ACTING UNDER THE APPOINTMENT, THE AGENT ASSUMES THE FIDUCIARY AND OTHER LEGAL RESPONSIBILITIES OF AN AGENT. EXHIBIT "A" Parcel 1: All that part of the Southeast Quarter of Section 33, Township 3 North, Range 68 West of the 6th P.M. , described as follows : Commencing at the southeast corner of said Section 33; thence North 00'07' 15" West 412.2 feet along the East line of said Section 33 to the True Point of Beginning; thence continuing along said East line North 00'07'15" West 2238.8 feet to the Northeast corner of said Southeast Quarter of said Section 33; thence South 89 '21'45" West 1903 .03 feet along the North line of said Southeast Quarter; thence South 18'53 '50" &1st 1058.25 feet; thence South 52. 14 '00" Ito nt 191 .6 Coot:; thence South 35'45'40" East 588 .2 feet; thence South 41'43'40" East 627 .2- feet; thence South 53'51'30" East 574 .2 feet; thence North 47'22' 15" East 231 .66 feet to the True Point of Beginning, County of Weld, State of Colorado Parcel 2: The East 120 acres of the Northeast Quarter (NE1/4) of Section thirty-three (33) , Township three (3) North, Range sixty-eight (68) West of the 6th P.M. , County of Weld, State of Colorado Parcel 3: The Southwest Quarter of Section 34, in -Township 3 North, Range 68 West, except that portion of said SW1/4 lying East of the following described line, to-wit: Beginning at a point on the South line of said Section 34, 2129 feet East of the Southwest corner of said Section; thence North 28'10' West (Var. 14 '30' East) 737 feet; thence North 0'55' West 2032 feet, more or less, to the North line of said SW1/4, County of Weld , State of Colorado. 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