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HomeMy WebLinkAbout20041672.tiff PLANNED UNIT DEVELOPMENT (PUD) CHANGE OF ZONE APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT#/AMOUNT# /$ CASE#ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: 0 9 5 7 1 7 3 0 0 0 1 9 Parcel Number Finn nnn - n -nn -nnn (12 digit number-found on Tax I.D.information,obtainable at the Weld County Assessor's Office,or www.co.weld.co.us). (Include all lots being included in the application area, If additional space is required,attach an additional sheet) Legal Description See Attachment , Section 20, Township 5 North, Range 67 West Property Address(If Applicable) 26994 WCR 15, Loveland, CO 80537 Existing Zone District: AG Proposed Zone District: EstateTotal Acreage:148.116Proposed#/Lots 9 Average Lot Size: 6 acres Minimum Lot Size: 5.3 acres Proposed Subdivision Name: Stillwater Acres Proposed Area (Acres)Open Space: 19.2 acres Are you applying for Conceptual or Specific Guide? Conceptual Specific X FEE OWNER(S) OF THE PROPERTY(If additional space is required,attach an additional sheet) Name: UIV Land LLC / Nolan Ulmer ^ Work Phone#970/690-8423 Home Phone# Email Address nustar@starband,net Address: 16529 WCR 70 City/State/ZipCode Greeley, CO 80631 APPLICANT OR AUTHORIZED AGENT(See Below:Authorization must accompany applications signed by Authorized Agent) Name: Nolan Ulmer Work Phone# 970/690-8423 Home Phone# Email Address nustar@starband.net Address: 16529 WCR 70 City/State/ZipCode Greeley, CO 80631 UTILITIES: Water: Little Thompson Water District Sewer: Septic Gas: Xcel Energy (Public Service Co) Electric: Poudre Valley REA Inc. Phone: Qwest Communications DISTRICTS: School: Weld County School District Re-5J (Johnstown/Milliken) Fire: Johnstown Fire Protection District Post: Johnstown I(W e)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 cgfforation is the fee owner,notarized evidence must be included indicating the signatory has the legal authority to sign for the core ation. I (we), the undersigned, hereby request hearings before the Weld County Planning Commission and the Board of Count omr)cis io rs concerning the proposed Change of Zone forthe above described unincorporated area of Weld County, Coloradq: 10/7/O2 ig Snal : Owner or Authorized Agent ate Signature: Owner or Authorized Agent Date EXHIBIT 2004-1672 SI ATTACHMENT to Change of Zone Application for Stillwater Acres PUD LEGAL DESCRIPTION Lot B of RE-3340; Part NW ''A of Section 20 and Part SW '/ of Section 17, Township 5 North, Range 67 West of the 6`h P.M., Weld County, Colorado. Big Thompson Soil Conservation District Stillwater Acres September 4,2003 Page 2 of 2 TELEPHONE QWEST Communications 12680 WCR 58 Greeley, CO 80634 Esther Mjoen (970) 350-2914 Thank you for your consideration of this matter. If you have no objections to the proposed project, please indicate your approval by "signing-off" in the area below, and return the signed original to us. If you have any questions, please call me. Sincerely, PICKETT ENGINEERING, INC. zpe,14.?//_ Ch Oft- a :A/I 3aa- .-. Chico Quintana ki Design Engineer CQ/pkg enclosure cc: Nolan Ulmer, UIV Land LLC We have reviewed the Change of Zone plot plan for Stillwater Acres and have no objection to the development of this subdivision. J. / -�; Jam{ a Cite CLA-. er 9- / 0-2 ea Steve Anderson, President Date Board of Directors Big Thompson Soil Conservation District P I_ PICKETT ENGINEERING, INC. September 4, 2003 Steve Anderson, President Board of Directors Big Thompson Soil Conservation District 3825 Starlite Drive Fort Collins, Colorado 80524 RE: Stillwater Acres Subdivision PEI No. 02-057 Dear Mr. Anderson: The proposed Stillwater Acres subdivision will contain nine residential estate lots. The project is located in Section 17, Township 5 North, Range 67 West of the 6th P.M. in Weld County, Colorado. This development will be used for PUD-zoned residential in a farming- community setting; each house will have exquisite views of Colorado's majestic mountains. The Greeley-Loveland Irrigation Canal borders the north side of the property and the Farmers Irrigation Ditch bisects the site. The latter ditch will exist at the edge of all the lots, adding to the subdivision's secluded, country feel. An existing pond and drainageways flow through the site from the northern boundary to the southern boundary. The intent of this subdivision is one of grandeur and the homes and the property they are located on will reflect that. Each lot will contain a single-family, ranch-style home. In addition to the generous size of all the lots, two of the lots will include a significant amount of land that the owner may farm or ranch. Attached is the Change of Zone plot plan for your review and approval/comments. Below is contact information for the utility and service providers that will support this development: JOHNSTOWN VOLUNTEER NATURAL GAS ELECTRIC FIRE AND RESCUE Jesse Molinar Public Service Co. United Power Fire Marshal of Colorado 18551 E. 160`h Ave. P.O. Box 979 1901 E. Horsetooth Rd PO Box 929 Johnstown, CO 80534 Ft. Collins, CO 80525 Brighton, CO 80601 (970) 587-4477 phone 970-225-7841 Bill Meier (970) 587-0324 fax 1-800-468-8809 808 8th Street — Greeley, CO 80631 Phone (970) 356-6362 — Fax (970) 356-6486 RECEIVED FR 0 2 2004 THE GREELEY & LOVELAND IRRIGATION CO. 808 23rd Avenue, Greeley, CO 80634-5922 Phone(970) 352-0495 FAX (970)352-2457 January 29, 2004 GLIC808@aol.com Mr. Chico Quintana, Design Engineer Pickett Engineering, Inc. 808 8th Street Greeley, Colorado 80631 RE: Stillwater Acres Dear Mr. Quintana: I have had the opportunity to review the plans you provided for the development of Stillwater Acres. While I am not an engineer, it appears to me that there are no significant elevation changes planned adjacent to the Greeley and Loveland Canal. The street that is planned to parallel the canal does not have any major changes in elevation from the natural conditions on site. This development is all below the Greeley and Loveland Canal. Therefore, drainage should not be entering the canal from any of the lots. The Greeley and Loveland Irrigation Company will insist that street drainage from the street also not be directed into the canal. The Company maintains a ditch rider roadway along the south side of the canal, the side of the canal on which the subdivision access road is planned. It is important that the roadway in no way limits access to the ditch rider roadway or the canal channel. With the consideration of the above items, the Greeley and Loveland has no objections to the development as planned. If you have further questions, you can contact me at 970- 352-0495. Sincerely, ,RA ,-c,._ ...,4-,:-.:1t_- _ J Ronald Brinkman, General Manager Greeley and Loveland Irrigation Company r AGREEMENT This Agreement (the "Agreement"), is between THE REORGANIZED FARMERS' DITCH COMPANY,a Colorado mutual irrigation company("Ditch Company")and UIV LAND, LLC, a Colorado limited liability company, 16529 Weld County Road 70, Greeley, CO 80631 ("Landowner"), and is upon the following terms: I. Subdivision and Ownership. Landowner is the owner of all of the property known as the STILLWATER ACRES SUBDIVISION,a copy of which is attached hereto as Exhibit A(the "Subdivision"). Landowner represents and warrants that Landowner is,on the date of execution of this Agreement, the sole owner of the Subdivision. Landowner may have lien(s) against the Subdivision, and Landowner will obtain the written consent and acceptance of all lienholders by signature on this Agreement prior to its recording. Failure to obtain such written consent and acceptance from all such Iienholders shall cause Landowner to be in default under this Agreement. 2. Background and Purpose. Landowner desires to obtain approval of the Ditch Company for certain matters required by the Weld County, Colorado, Board of County Commissioners relating to the conditional approval of the Subdivision. The Ditch Company's interests will be benefited by the granting of its approval through the terms and conditions of this Agreement. Therefore the parties acknowledge that valuable consideration exists for this Agreement among the parties. Landowner shall promptly reimburse or pay directly all of the Ditch Company's engineering and legal expenses incurred in the negotiation, administration and effectuation of this Agreement. Landowner agrees to pay all of the other fees and expenses provided for in this Agreement. 3. Ownership and Administration of Ditch Company Stock. Landowner owns 1.5 assessable shares of the Ditch Company which have historically been used to irrigate for agricultural purposes the Subdivision. Landowner desires to continue to have Outlot 8A and Lot 8 in the Subdivision and-open-space-areas-irrigated by water from the ditch of the Ditch Company. Landowner shall obtain all necessary approvals to be able to continue use such water for such purposes;and Landowner hereby permanently abandons all right to irrigate(incl tiding headgates and other structures] the remainder of the Subdivision with water from the Ditch Company's ditch system. The owners ofOutlot 8A and Lot 8 shall continue to own said shares of the Ditch Company and pay the assessments thereon. Landowner shall assign-the stock certifieate-for the-shares-of the Ditch Company's stock to non-profit corporation which shall be asubdivision-owners association with its membership limited to owners of property within-the Subdivision{the-*IOA'}.The-kIOA shall-be requiredtooaytheannua' asp.nntenthe-stock-of the Ditch Company and fer-theannaal assessment-of the lateral-d+to-hes-that servethe3abdivision;and-the-I IOA shall have-the-powerr-to assess its members on a-proportionate basis for such assessment and such-I4OA-shall-have a-lien on the property in the Subdivision. The HOA-shall--designate one-person-to-be-Me-liaison-with the superintendent-{ditch-rider}of-t#eDiteh-Gompany.--The 1 . super-intendent--eencerning—diteh-matters-ineluding--but not limited to, orders- for water, ditch maintenance,-and-dite-hstockassessments.-The 4QA-s-represcntat+veshall be legally-aaiherizedto represent-the-k#OA-and-Pis-memberswi ec-t-teany-matter concerning the Ditch Company;and Page I no-individual property-owner-in-the-Subdivision shall-have-any-right,title,claim or-interest-irr--to-er with the Ditch Company,the ditch or-tile-water in the ditch. 4. Ownership of Ditch Company Property Rights. The Ditch Company has a right- of-way for its ditch and appurtenant facilities described on the plat attached hereto. Landowner recognizes and confirms said ownership of the Ditch Company. Landowner agrees to execute an easement in the form of Exhibit B attached hereto to have the Landowner confirm and convey the property rights of the Ditch Company. The easement shall be recorded at the expense of the Landowner along with this Agreement. Landowner grants and confirms to the Ditch Company an exclusive easement for the Ditch Company's irrigation ditch and appurtenant facilities as shown on the recorded survey plat of the Ditch Company's system together with rights of ingress and egress for Ditch Company purposes over and across the Subdivision. The width of the ditch easement is seventy feet. being thirty-five feet on each side of the centerline, and additional easement will be required, if necessary, to obtain a minimum of a 25 foot strip on the top of the bank on each side of the ditch,except as shown on the survey of the Subdivision if the easement width is greater than the foregoing width. 5. Drainage. 5.01 There shall be no change made in the point, flow rate, volume, amount or type of drainage into the Ditch,except as provided in this Agreement. A Preliminary Drainage Report shall be prepared by Pickett Engineering, Inc.,which report shall be presented to the County and the Ditch Company. The Ditch Company shall be entitled to review the Preliminary Drainage Report during the time that the appropriate governmental agency is reviewing such report. The Landowner will incorporate the changes to the report and the Drainage Plan suggested by the Ditch Company. A Final Drainage Report shall then be prepared containing all of the required changes. The Ditch Company shall have a reasonable time(not less than 45 days)to review such Final Drainage Report and present objections to such report and to the design, installation or construction of any facilities that alter the historic drainage pattern. If Landowner fails or refuses to modify the Final Drainage Report to meet the objections of the Ditch Company, then the County shall make the final determination regarding the modifications of the drainage plan. The County shall be responsible for such drainage and drainage plan. 5.02 Neither Landowner nor HOA,nor their respective successors or assigns,shall cause, suffer or permit any hazardous material, pollutant or other foreign material to be deposited or discharged from or through the Subdivision into the Ditch or the water carried within the Ditch. Any person, including Landowner, having knowledge of such deposit or discharge shall immediately notify the appropriate governmental agencies and Ditch Company of any potential or actual such deposit or discharge by any person. 5.03 Landowner agrees that an easement exists for the historical waste water return ditches and Landowner agrees to regularly maintain,clean and repair the ditches on at least an annual basis prior to the irrigation season, and Landowner agrees to install a concrete pipe culvert of sufficient size based on the Ditch Company engineer's standards for lateral ditch crossings of roads or other surface uses that could affect the operation of the Ditch Company's ditch. 5.04 Landowner agrees that there may have existed for many years underground drain lines and lateral or field ditches carrying water across the properties. Landowner agrees that an easement Page 2 exists for the underground drain lines and lateral or field ditches and they agree to regularly maintain and repair the lines and ditches on an "as needed" basis prior to the irrigation season. 5.05 In the event there is proposed or formed a drainage district under federal,state or local law or requirement, Landowner agrees to include all of the Subdivision property with the boundaries of such district. 6. Plat or Covenant Notes. The following notes shall be inserted by the Landowner onto the Subdivision Plat or into the perpetual covenants that run with the title to the Subdivision: A. The Ditch Company has an easement for its ditch and has the authority to cut and remove trees within its right of way and it is acknowledged by the owners of the property in the Subdivision that the Ditch Company will,at an appropriate time, remove any and all such trees on the property. The owners of the property in the Subdivision acknowledge that the property owners and successor owners may not plant or otherwise landscape the ditch right of way. The Ditch Company also has the authority to install and maintain a road along each ditch bank for its purposes. B. The property owners may not place any fence within the ditch right of way, and particularly across the right of way;and the property owners shall not to install any gates or fences on the ditch company right of way without the prior written approval of the Ditch Company. Any fences approved by the Ditch Company along the ditch easement must be fire proof and stock-proof to prevent damage by ditch cleaning by burning,humans and livestock and other sources to the ditch. There will not be permitted any livestock watering in the ditch. There will not be permitted any pumps in the ditch. Cattle guards instead of gates should be utilized instead of gates. C. The property owners acknowledge and understand that there may be subsurface waters that arise in the area of this development and that there are periods of time when,due to water flowing within the ditch system and otherwise, that portions of the property receive significant amounts of subsurface water that is very near to the surface, or resides on the surface. Due to this problem,the utility of certain portions of the property for construction of structures could potentially be unavailable. The Ditch Company has no plans to alter its operations as it would cure this surface and subsurface water issue. Ditches may overflow and flood adjoining property and improvements. Property owners shall be solely responsible for all water that overflows the ditch and the Ditch Company shall not be liable for damage caused to any property or improvements due to water overflowing the ditch. D. The property owners shall maintain the irrigation and drainage patterns existing on the date of recording of the plat so that the quality of water entering the ditch from irrigation and from precipitation and other sources shall be maintained, and so that there is no change in rate, amount, point or type of drainage into the ditches that will occur. The property owners shall monitor and identify any pollutants or other hazardous materials that enter the ditch and should agree to stop any such deposit in the ditch system. E. The property owners acknowledge that: I)No livestock watering,swimming,tubing, canoeing or other use of the ditch or water in the ditch is allowed; 2) No dumping of refuse, including but not limited to household garbage, waste materials, grass clippings, tree and shrub prunings, motor oil, chemicals, pesticides or herbicides is allowed; 3)No pumps for lawn or other irrigation are allowed in the ditch; 4)No use of the ditch easement for hiking, biking, horseback, motorcycle, off road vehicles or other motorized or non-motorized vehicle shall be allowed. F. No crossings ofthe ditch are permitted without the prior written consent ofthe Ditch Page 3 Company and compliance with the rules, regulations and requirements of the Ditch Company. 7. Miscellaneous 7.01 Attorney Fees, Law and Venue. In any action brought by the Ditch Company to enforce the provisions hereof, whether legal or equitable, and/or in any action involving Ditch Company and Landowner or any successor of Landowner whether to enforce the provisions of this Agreement or otherwise,the Ditch Company shall be entitled to reasonable attorneys' fees as fixed by the court. This Agreement shall be construed under the law of the State of Colorado. Venue for all actions shall be in the District Court of the county where the Subdivision is located. 7.02 Severability. The provisions hereof shall be deemed independent and severable,and the invalidity or partial invalidity or unenforceability of any one provision or portion thereof shall not affect the validity or enforceability of any other provision hereof. 7.03 Successors and Assigns. The terms,covenants,and conditions herein contained shall be binding upon and inure to the benefit ofthe successors and assigns of Landowner,the Ditch Company and the HOA,and each of them. Landowner's obligations hereunder shall terminate(and the successor(s)to Landowner shall arise)on the date that Landowner conveys all of Landowner's interest in the Subdivision to transferee(s)and/or HOA. HOA shall be jointly liable with all or any successor property owner within the Subdivision under the terms of this Agreement. Whenever a transfer of ownership of a lot or tract takes place to a bona tide purchaser for value, liability of the transferor for breach of this Agreement thereafter terminates,and the grantor shall be liable only for breach(s) of this Agreement arising prior to the date of conveyance. This paragraph shall apply to any property dedicated to or conveyed to a governmental entity or any other person or entity by Landowner as a public improvement or utility. All amounts due by Landowner or by HOA to the Ditch Company or to its stockholders, or otherwise under the Agreement shall be assessed by the HOA against the Subdivision under the terms of the covenants applicable to the Community;and the lien for such assessment against the Subdivision shall inure to the benefit ofthe Ditch Company and its stockholders for any amount due under the terms of the Agreement or otherwise. Such lien may be foreclosed against the Subdivision, or any portion thereof, by the Ditch Company or its stockholders in the place of the HOA, as provided in the covenants applicable to the Subdivision. The provisions hereof shall constitute covenants running with the land, burdening and benefiting each and every part of the properties and every interest therein. In addition,the provisions hereof shall be enforceable in equity as equitable servitudes upon the land and as covenants in an agreement between owners. This Agreement affects the property and title of the Subdivision, and this Agreement shall be recorded at the expense of Landowner,and after recording,the terms,conditions and covenants of this Agreement shall become a covenant running with the land ofthe Subdivision. This Agreement shall constitute a benefit and burden on the Subdivision and this Agreement shall be enforceable by the Ditch Company or any of its shareholders,or both the Ditch Company and any of its shareholders. 7.04 Construction, Waiver, Gender, Time of Essence. The provisions hereof shall be liberally construed to effectuate their purpose of creating a uniform plan for the development and operation of the Subdivision. Failure to enforce any provision hereof shall not constitute a waiver of the right to enforce said provision or any other provision hereof. Whenever used in this Agreement, the singular shall include the plural,the plural the singular, and the use of any gender shall include all genders. Time is of the essence of this Agreement. Page 4 8. Liability and Indemnification. 8.01 Landowner, HOA, and Landowner's and HOA's successors and assigns, hereby specifically waive and release all known or unknown Claims,damages,rights of indemnity,rights of contribution or other rights of any kind or nature for claims, damages, actions, judgments or executions that have arisen or may arise out of the maintenance, operation or use of the Ditch Company's ditch and easement,including, but not limited to: flooding due to overflow or breach of the Ditch Company's ditch;washing or erosion of the ditch bank;cleaning of the ditch and easement by any means including but not limited to burning or chemical means;and excavation of the ditch and storage of residue. 8.02 As used in this Agreement, the term "Claims" means (I) losses, liabilities, and expenses of any sort, including attorneys' fees; (2) fines and penalties; (3)environmental costs, including,but not limited to,investigation,removal,remedial,and restoration costs,and consultant and other fees and expenses; and (4)any and all other costs or expenses. 8.03 As used in this Agreement, the term "Injury" means (I) death, personal injury, or property damage; (2) loss of profits or other economic injury; (3) disease or actual or threatened health effect; and (4)any consequential or other damages. 8.04 Landowner and ROA jointly and severally covenant and agree to at all times protect, indemnify, hold harmless, and defend the Ditch Company, its directors, officers, stockholders, agents.employees,successors,assigns,parents,subsidiaries,and affiliates from and against any and all Claims arising from,alleged to arise from,or related to any Injury allegedly or actually occurring, imposed as a result of, arising from, or related to (I) this Agreement; (2) the construction, existence, maintenance, operation, repair, inspection, removal, replacement, or relocation of the Facilities on or adjacent to the Easement; or (3) Landowner's or HOA's or both, or any other person's presence at the Subdivision as a result of or related to this Agreement. 8.05 Landowner's and HOA's duty to protect, indemnify, hold harmless, and defend hereunder shall apply to any and all Claims and Injury, including, but not limited to: (I) Claims asserted by any person or entity, including, but not limited to, employees of Landowner or HOA or both or their contractors, subcontractors, or their employees; (2) Claims arising from,or alleged to be arising in any way from,the existence at or near the Subdivision of water or ditches or reservoir or other associated facilities; or (3) Claims arising from,or alleged to be arising in any way from,the acts or omissions of Landowner or HOA or both, their sublessees, invitees, agents, members, or employees. 8.06 HOA and Landowner shall maintain adequate liability insurance with standard waiver of subrogation endorsement to insure the risks undertaken as a part of this Agreement in an amount not less than one million dollars or such other amount set from time to time by the Ditch Company naming the Ditch Company and the other indemnified parties as additional insureds. A certificate of such insurance shall produced by the HOA and Landowner upon request by the Ditch Company. 9. Authorized Crossings of Ditch. 9.01. If Landowner is otherwise in full compliance with the terms of the Agreement, Landowner,at its sole expense,shall be allowed to construct ONE STREET BRIDGE over the Ditch (the"Bridge"). Construction of such Facility shall be completed in accordance with plans therefor prepared by Pickett Engineering, Inc. (the"Bridge Plan");and the Bridge Plan shall be approved in Page 5 writing by the Ditch Company and also be approved in writing by the County prior to the time that any construction of such improvements are commenced. The fee imposed by the Ditch Company upon the Landowner for each such crossing shall be $5,000.00. The Landowner and/or the HOA shall install and perpetually maintain a "no trespassing" sign in a form acceptable to the Ditch Company on the ditch road entrance on County Road 15. The ditch road within the Subdivision shall be improved by the Landowner and the ditch road shall be perpetually maintained by the Iandowner and/or the HOA with a compacted gravel base so that the Ditch Company has access to the ditch for its purposes. Any damage caused to the ditch road by the Ditch Company or its employees and/or contractors shall be repaired by Landowner and/or the HOA; and the Ditch Company shall not be liable for any damage caused by its use of the ditch road. Neither Landowner nor the HOA nor any other person may use the ditch road for any purpose except the Ditch Company and its employees,contractors and agents,and except for emergency access by government agencies such as fire and law enforcement personnel and equipment. 9.02 If Landowner is otherwise in full compliance with the terms of the Agreement, Landowner, at its sole expense, shall be allowed to construct ONE 8 INCH DOMESTIC WATER LINE tinder the Bridge(the"Water Line"). Construction of such Water Line shall be completed in accordance with plans therefor prepared by Pickett Engineering, Inc. (the"Water Line Plan"); and the Water Line Plan shall be approved in writing by the Ditch Company and also be approved in writing by Little Thompson Water District and the County of Weld,Colorado("County")prior to the time that any construction of such improvements are commenced. The fee imposed by the Ditch Company upon the Landowner for each such crossing shall be$-0-. Landowner intends to dedicate to and transfer ownership of the respective Water Line facility to the Water District. Subsequent to such dedication and transfer, subject to the acceptance of such items by the respective entity, the terms, conditions and limitations of this Agreement regarding such items shall be assumed by the respective entity. 9.03 The construction of all of the Bridge over the Ditch and the installation of the Water Line under the Ditch,and the installation and maintenance of the improvements to the ditch road as described in the Agreement shall be completed on or before one year after the recording ofthe final subdivision plat for the Community or March 15, 2005, whichever date occurs first. Notwithstanding the foregoing,without Ditch Company's prior written consent,between March 15 and October 15 of any year Landowner shall not be allowed to prosecute any construction of such Facility or utilities. Further, Landowner and HOA shall assure that any portion of the Ditch that is affected by Landowner's construction activities will be ready to carry water by March 15, or such later date as Ditch Company shall specify in writing. Landowner shall coordinate all such construction with the Ditch Company. No placement of any improvement within the Ditch Easement Parcel or construction of crossings of the Ditch Easement Parcel by any person shall be permitted by Landowner or HOA except in accordance with this Agreement. 9.04 Landowner and HOA shall indemnify and hold Ditch Company harmless from any liability of whatsoever nature whether by way of tort, contract or statutory lien rights arising as a result of any activities undertaken by Landowner or HOA under the provision of the Agreement. Any and all damage, injury or loss suffered by Ditch Company as a result of any faulty engineering, materials or construction ofthe Facility, utility installations,and/or construction within the easement of the Ditch, and any necessary costs for repair or replacement of such facilities, shall be accomplished promptly at the sole expense of Landowner and HOA. In addition to any other Page 6 remedies that the Ditch Company or its stockholders may have under law,Landowner and HOA shall he responsible for payment of all consequential damages to the Ditch Company or its stockholders, or both, in the event of a breach of this Agreement by Landowner or HOA. 9.05 Ditch Company shall have the right (but not the duty) at all times during any construction or other activities on or near the Ditch to inspect the facilities under construction. The Ditch Company shall have the right to order a cessation of work on any part ofthe construction that is not in accordance with the plans or that may threaten the Ditch or its facilities from normal operation. 9.06 Landowner shall provide the Ditch Company any additional easement for the purposes of maintenance,operation and use ofthe irrigation ditch or other Ditch Company facilities across or on Landowner's property, which easement shall be in addition to the easements as shown on the Subdivision plat. Landowner shall make,execute and deliver to Ditch Company a perpetual easement over and across such lands for the ditch easements on the form attached hereto as Exhibit "B". Said easements shall be recorded at Landowner's expense,and Landowner shall furnish Ditch Company proof of title by standard title commitment. 9.07 HOA and Landowner shall undertake and perform all maintenance of the facilities installed by Landowner or HOA on,over,or under the Ditch(specifically including,but not limited to, the Bridge, the ditch road and any utilities under the Ditch. 9.08 In the event Landowner fails to properly repair or maintain the Bridge, ditch road, utilities, or their appurtenant facilities over or under the Ditch or the Ditch as set forth above, then F IOA and Landowner shall be in default under the Agreement, and in addition to any other remedy available under the Agreement or under law,the Ditch Company shall have the right to so notify the Landowner in writing. Said notice shall be given by first class mailed at the last known address of the Landowner. Said notice shall be deemed received three days after deposit in the U.S. Mails. In the event proper maintenance has not been commenced thirty days after its receipt of such notice or, once commenced,is not diligently pursued until completion,Ditch Company may perform or have a third person perform the required repairs or maintenance. The actual costs incurred by Ditch Company for such repair or maintenance shall be paid by Landowner and HOA jointly and severally to Ditch Company or to the third person upon demand. I ITNESS WHEREOF, the parties hereto have executed this Agreement this day o ' , 2004. THE REORGANIZED FARMERS' DITCH COMPANY, a Colorado mutual irrigation company President—James By � Croissant Assi tant Secretary Jennifer Knudson Page 7 w STATE OF COLORADO l.J Q ) Ss. COUNTY OF 6444{146R ) a� The foregoing was acknowledged before me this '4 day of C ,G ,2004,by James Croissant, as President. and Jennifer Knudson, as Assistant S cretary of The Reorganized Farmers' Ditch Company, a Colorado mutual irrigation company. Witness my hand and official seal. • �GpGBUq� C� `Pubic 41.. ��TA'^° My commission expires: si)&)/ae V T; • • • Op COO-) Page 8 uI v 444, LLC 6y- Landowner—UIV LAND, LLC, by Nolan Ulmer,sole member STATE OF COLORADO ss. COUNTY OF LO,_Ci me r ) Tt The foregoing was acknowledged before me this )4 day of 5a rnuunxj ,2004,by Nolan Ulmer, sole member of UIV LAND, LLC, a Colorado limited liability company, as Landowner. Witness my hand and official seal. / 0 1 Notary Public ^ ' otar .�'- My commission expires: I-)/.JR/& � 4;7/ • y ° ' Public . %, e •. a q ,.rr Cot \ °irrartint°1v Page 9 EXHIBIT "A" COPY OF SUBDIVISION PLAT (insert) - GREELEY I Wei!Counly,Colend* (. I " Q. Page I EXHIBIT"B" EASEMENT AND RIGHT OF WAY AGREEMENT .This Easement and Right of Way Agreement, made and entered into as of the 14 day of J RN , 2004, by and between U1V LAND, LLC, a Colorado limited liability company, hereinafter called "Grantor" (whether grammatically singular or plural), and The Reorganized Farmers' Ditch Company, c/o James Croissant. 26442 West County Road 15, Loveland, Colorado 80537, hereinafter called the"Ditch Company." 1. For good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged, the Grantor hereby grants, sells, conveys and transfers to the Ditch Company, its successors and assigns,the sole,exclusive and permanent right to enter,re-enter,occupy and use the hereinafter described property to construct, reconstruct, inspect, upgrade, increase size or capacity, operate. repair. maintain, replace, remove and operate one or more open irrigation ditches and/or pipelines and/or reservoirs for the storage,transmission,distribution and service of irrigation water, and all above ground and underground and service appurtenances thereto, including metering stations, vaults, enclosures, identification signs, checks, headgates, dams and other fixtures, over, across, under and upon the following described land, situate in the County of Weld, State of Colorado, to-wit: (insert legal description) The easement and right of way for ditches shall be seventy feet wide, being thirty-five feet on each side of the center line, or 25 feet from the top of the bank of the ditch on each side, whichever is greater. 2. Grantor further grants to the Ditch Company: 2.01 The right to grade the easement area for the full width thereof and to extend the cuts and fills with such grading into and on the land along and outside of the easement to the extent as the Ditch Company may find reasonably necessary; 2.02 The right to support the ditches and pipelines across ravines and water courses with such structures as the Ditch Company shall deem necessary; 2.03 The right of ingress to and egress from the easement over and across all of the land of Grantor by means of roads and lanes thereon, if such exists, otherwise by such route or routes as shall occasion the least practicable damage and inconvenience to Grantor; 2.04 The right of grading for,constructing,maintaining and using such roads on and across the lands as the Ditch Company may deem necessary in the exercise of the right of ingress and egress or to provide access to property adjacent to the land; 2.05 The right to install, maintain and use gates and/or cattle guards in all fences which now cross or shall hereafter cross the easement; 2.06 The right to mark the location of the easement by suitable markers set in the ground; provided that any such markers remaining after the period of construction shall be placed in fences or other locations which will not interfere with any reasonable use Grantor shall make of the easement; 2.07 All other rights necessary and incident to the full and complete use and enjoyment of Pace I .-s i1 the right-of-way and easement for the purposes herein granted. 3. Grantor hereby covenants and agrees: 3.01 That Grantor shall not erect or place any permanent building,structure,improvement, fence or tree on the described easement,and the Ditch Company shall not be liable for their removal if they are so placed, and Grantor agrees, at Grantor's sole expense to so remove such items. 3.02 That Grantor shall not excavate in or near the ditch and shall not diminish the ground cover in the easement or over any water lines and shall not substantially add to the ground cover in the easement or over the water lines or their appurtenances. 3.03 Grantor shall not grant any other easement, right-of-way, permit or license upon, under or over said property without the written consent of the Ditch Company. 3.04 Grantor warrants that Grantor is the owner in fee of the above-described lands and wi l l defend the title thereto against al I claims,and that said lands are free and clear of encumbrances and Iiens of whatsoever character, except the following: 4. It is agreed by the parties: 4.01 Grantor reserves all oil,gas and other minerals in,on and tinder the above-described lands, and Grantor shall not grant any right in the surface or otherwise that will materially interfere with the rights and privileges herein granted to the Ditch Company. 4.02 Each and every one of the benefits and burdens of this easement and right-of-way shall inure to and be binding upon the respective personal representatives,successors,and assigns of the parties hereto. 4.03 The easement includes the right to clean by mechanical,chemical or burning the ditch system.the right to deposit earth and other materials on the easement,the right to change the location of the ditch within the easement or to place the irrigation system in an enclosed pipe. 4.04 The Ditch Company hereby expressly reserves an easement over and across the Subdivision for the benefit of Ditch Company, its designated successors, their contractors, employees.materialmen,and assigns for the purpose of conducting therein and thereon such work of maintenance, improvement, construction, utility installation, development, and other reasonable activities as the Ditch Company may deem necessary or desirable. 4.05 The Ditch Company is granted the full right and authority to cut, trim, remove, destroy,or modify any trees,shrubs,grasses.structures,fences or other items within the easement or not within the easement but may cause a hazard within the easement. Landowner, and the homeowners association, shall not plant. place or maintain any trees, shrubs, grasses, structures, fences or other items within the easement, nor shall they plant, place or maintain any trees,shrubs, grasses, structures, fences or other items in such a manner, nor shall they place or maintain fence within the easement. Gates or cattle guards shall be installed in all fences so that the Ditch Company has easy passage to its ditch and facilities. The Ditch Company shall be provided keys for all locked gates. Page 2 IN WITNESS WHEREOF the undersigned has set his hand and seal as Grantor. GRANTOR—UIV LAND, LLC, a Cobra o ni d liability company (LTV/ d LLC Nolan Ulmer, sol member STATE OF COLORADO ss. COUNTY OF l_[tiri .Yszr The foregoing instrument was acknowledged before me this _ day of ) [t O ua ✓y 2004, by Nolan Ulmer, sole member of UIV LAND, LLC, a Colorado limited liability company, as Grantor. Witness my hand and official seal. / Notary Public ':: "".... :„ ' My expires: /X }r0� c' r commission ota-. nt; ! • C ,•of RSo .r... ed:17111At� Page 3 STILLWATER ACRES PUD PICKETT ENGINEERING, INC. PEI No. 02-057 SUMMARY OF CONCERNS: REFERRAL AGENCIES' COMMENTS Department of Planning Services, Kim Ogle, Planner II 1. An agreement for water main extensions was received from the Little Thompson water district dated April 15, 2003. (See correspondence attached to the Specific Development Guide.) This document states that 9 taps will be provided to the development. Additionally, proof of these water taps is evident in an email from Weld County Attorney Lee Morrison to Kim Ogle, dated October 2, 2003. 2. Jesse Molinar of the Johnstown Fire Protection District sent a letter dated November 8, 2003, stating that the JFPD accepts the general layout of the development (letter attached to Specific Development Guide.) Based on the improvements proposed by the Little Thompson Water District, the availability of water for fire fighting should be adequate. a. Regarding the fire flow, an engineering study will be completed at fmal plat. b. Attached is a letter signed by the applicant that was sent to the Weld County School District Re-5J stating an agreement to pay the $750 cash-in-lieu-of land dedication to be paid directly to the school district upon the issuance of each building permit. 3. A meeting was conducted with Peter Schei on May 2, 2003, to discuss options available for development. 4. Lot A of Recorded Exemption 3340 is pending. 5. The Colorado Division of Wildlife has been contacted and has expressed no conflicts other than to notify the residents of the development of the potential presence of wildlife on the property. Bethany Salzman, the Zoning Compliance officer for Weld County was contacted regarding this development and found no conflicts with the Stillwater Acres zoning. The Big Thompson Soil Conservation District returned a letter signed by their board of directors' Vice President, Bruce Bartch, stating that they have no objection to the development (attached to Specific Development Guide). SUMMARY OF CONCERNS, continued Weld County School District Re-5J, Dr. Martin Foster, Superintendent 6. The applicant sent a letter to Dr. Martin Foster, the new Superintendent of the Weld County School District Re-5J. This letter stated an agreement to pay the $750 cash-in-lieu-of land dedication to be paid directly to the school district upon the issuance of each building permit. A copy of this letter is attached to the Specific Development Guide. Johnstown Fire Protection District, Steve Seewald, Fire Marshal 7. On the plans, one fire hydrant has been placed every 500 ft on the plans along the main road of Stillwater Acres. 8. The applicant/owner agreed to meet the engineer's code of an all-weather surface capable of maintaining 80,000 GVW, in order to keep the road clear of water, snow, or any other obstructions. 9. There will not be a home in the development that will exceed 4,800 sf. Weld County Department of Public Health and Environment, Pam Smith 10. The initial impact plan in Section 27-6-40 of the Weld County Code is addressed in the Specific Development Guide. 11. A note has been placed on the change of zone plat stating that basements may not be feasible due to groundwater levels and that perimeter drainage systems may be required. Weld County Public Works Department, Peter Schei, P.E., Civil Engineer 12. The development access of Stillwater Acres (formerly Amen Road) to CR 15 was changed so that is makes an intersecting angle of ninety degrees. 13. A note was placed on the change of zone plat stating the book and page on which the existing 60-foot right-of-way of CR 15 can be found. 14. Jesse Molinar of the Johnstown Fire Protection District sent a letter dated November 8, 2003, stating that the JFPD accepts the general layout of the development. Based on the improvements proposed by the Little Thompson Water District, the availability of water for fire fighting should be adequate. Please refer to all attached letters with the Specific Development Guide. 15. The access of Stillwater Acres (formerly Amen Road) was raised to provide adequate sight distance to the north across the canal bridge. Stillwater Acres PUD November 20,2003 2 of 4 SUMMARY OF CONCERNS, continued 16. A pavement design will be provided at the time of final plat. 17. Sight distance triangles were also added at the intersection of CR 15 and Stillwater Acres. 18. Roadway grading plans along with construction details will be provided at final plat submittal. 19. Utility/postal easements are shown on the change of zone plat for each lot of the development. Easements have been drawn in accordance with county standards. 20. A final drainage report, which includes a flood hazard review documenting any FEMA defined floodways, is included with this change of zone application. 21. A typical lot-grading sketch has been inserted onto the change of zone plan. 22. The building envelopes for each of the nine lots have been identified on the change of zone plan. We have also included a typical lot drainage pattern on this plan to drain water around the building foundation. 23. The final drainage report does include a flood hazard review documenting any FEMA-defined floodways. Colorado Geological Survey, Celia Greenman, Geologist 24. The building envelopes for each of the nine lots have been identified on the change of zone plan. We have also included a typical lot drainage pattern on this plan to drain water around the building foundation. 25. Pursuant to Weld County drainage design philosophy, if the percent imperviousness of the development is less than 10, stormwater detention facilities are not required. 26. According to the geotech report, groundwater was encountered in the test borings at depths of approximately 7 to 12 feet below the existing grade. The report went on to say that below-grade construction would be feasible provided the basement sub-grade is placed a minimum of 3 feet above the groundwater. It was suggested by this report that prior to construction, site-specific explorations should be performed to establish more accurate groundwater information. Additionally, it was suggested in the geotech report that individual de-watering systems should be installed around the lower levels of the structures. 27. The stability of the foundation type will be confirmed with lot-specific testing of the subsurface soils on each lot prior to any construction taking place. Stillwater Acres PUD November 20,2003 3 of 4 SUMMARY OF CONCERNS, continued 28. Every leach field site will meet percolation rate and depth-to-groundwater criteria established by the state and county health departments. 29. Fences have been placed around all of the petroleum facilities for safety and security purposes in the change of zone plan, and a note has been added to the plat stating that petroleum operators will have access to the subdivision road for maintenance and production functions. The Reorganized Farmers' Ditch Company, Randolph W. Starr, P.C., Attorney at Law 30. through 40. All notes requested by Randolph W. Starr, P.C., Attorney at Law, have been added to the plat. The concerns of the Farmers' Ditch Company have been met; please refer to the culvert plan and profile provided in the change of zone plan set. r Stillwater Acres PUD November 20,2003 4 of 4 Concern List for Stillwater Acres Change of Zone Application Department of Planning Services, Kim Ogle, Planner III 1. Prior to submitting the Change of Zone application, appropriate documentation shall be provided which indicates not only that taps are available, but provide assurances that these connections will be made. 2. Future applications shall address the concerns of the Johnstown Fire Protection District specific to fire flow and access and the school district's concerns including a bus pick-up and off-load areas, as stated in the referral. Evidence that an agreement has been mad with Johnstown Fire Protection District and the Weld County School District Re-5J. 3. It is highly recommended that the applicant meet with Drew Scheltinga,Design Engineer and Peter Schei, Civil Engineer for the Weld County Department of Public Works to discuss the options available for development, prior to submitting the Change of Zone application. 4. There does not appear to be adequate frontage onto County Road 15 for the proposed development. There does not appear to be adequate frontage onto County Road 15. Lot A of Recorded Exemption 3340 shall be amended prior to submitting the Change of Zone aril) 5. The applicant shall contact these agencies and provide written documentation indicating that their concerns have been addressed to the satisfaction of each referral agency. a. Big Thompson Soil Conservation District b. State of Colorado Division of Wildlife c. Town of Johnstown d. Weld County Department of Zoning Compliance e. Windsor-Severance Fire Protection District Weld County School District Re-5J, Dr. Jack E. Pendar, Superintendent 6. Mr. Ulmer should send a letter of intent to Dr. Jack E. Pendar, the Weld County School District Re-5J superintendent, who requested that the applicant voluntarily contribute the same fee of$750 as all the other homebuilders in the district have done since the inception of the local IGA's. Johnstown Fire Protection District, Steve Seewald, Fire Marshal 7. One fire hydrant shall be installed at the front entrance of the subdivision and at lengths not to exceed 500 ft thereafter. 8. Road shall meet the engineers code of an All Weather surface capable of maintaining 80,000 GVW. It must remain clear of water, snow and any other obstructions. 9. All homes that exceed 4,800 sf will be required to have an approved automatic fire sprinkler system. Weld County Department of Public Health and Environment, Pam Smith 10. There was no initial impact plan submitted in the application materials addressing the environmental impacts of Section 27-6-40. 11. A note must be placed on the change of zone plat stating that basements may not be feasible due to groundwater levels; furthermore perimeter drainage systems may be required. Weld County Public Works Department, Peter Shei, P.E., Civil Engineer 12. The proposed development access of Amen Road to CR 15 does not intersect at a ninety degree angle. 13. Verify the existing 60-foot right-of-way and the documents creating the right-of- way shall be noted on the change of zone plat. 14. Provide written documentation verifying that the roadway layout is acceptable to all other referral agencies, especially the fire department of jurisdiction at the change of zone. 15. Raise the access of Amen Road to provide adequate sight distance to the north across the canal bridge. 16. Applicant shall provide a pavement design. 17. Sight distance triangles shall be provided at all intersections. 18. Roadway grading plans along with construction details will be required with the final plat submittal. 19. Easements shall be shown on the final plat in accordance with County standards and/or Utility Board recommendations. 20. A final drainage report shall be submitted with the change of zone application. 21. The applicant shall prepare a construction detail for typical lot grading with respect to drainage at change of zone. 22. Building envelopes must be planned to avoid storm water flows,while taking into account adjacent drainage mitigation. 23. The final drainage report shall include a flood hazard review documenting any FEMA defined floodways. Colorado Geological Survey, Celia Greenman, Geologist 24. Potential overtopping of the ditches during flood events can be addressed with judicious positioning of building envelopes and grading that ensures positive slope around structures. 25. The detention ponds should be sized and shown on the plat during the next stage of development. 26. Below-grade construction should include foundation drains that discharge by gravity, to prevent the buildup of subsurface water near foundation components and potential seepage to crawl spaces and basements. The recommendation in the geo-technical report to maintain a 3-ft separation between the ground floor and groundwater table is a prudent practice that should be followed. 27. The stability of the foundation type should be confirmed with lot-specific testing of the subsurface soils. 28. Leach field sites must meet percolation rate and depth to groundwater criteria established by the state and county health department. 29. It is recommended that petroleum facilities be fenced off and locked for safety and security purposes. A plat note should sate that petroleum operators will have access to the subdivision road for maintenance and production functions. The Reorganized Farmers' Ditch Company(The Company), Randolph W. Stan, P.C., Attourney at Law 30. The Company requests that the County require that an agreement be entered into between the Company and all of the property owners. 31. Mr. Ulmer needs to write a letter or call to find proof that a 70 ft easement is granted to the ditch company (35' on each side of the centerline). "Additional easement will be required, if necessary,to obtain a 25 foot strip on each side of the ditch (from the edge of the ditch for driving access and maintenance.)" 32. The plat should be corrected to show the actual location of the lateral ditches, and an easement width should be shown for each lateral. 33. A note should be inserted on the plat of the Subdivision regarding the issues of the Company's authority to cut and remove any and all trees within the right of way. 34. The Company wants the applicant to acknowledge that the company will at the appropriate time remove any and all such trees on the applicants property. 35. The Company wants the applicant to acknowledge that the applicant and its successor owners may not plant or otherwise landscape the ditch right of way. 36. A note should be inserted on the plat of the Subdivision stating that the applicant must not place any fence within the right of way, and particularly across the right of way. 37. A note should be inserted on the plat of the Subdivision regarding the issue of subsurface waters that may arise in the area. 38. The applicant should acknowledge that historic irrigation and drainage patterns should be maintained on the property so that there are no changes in the operation of he Company's facilities. 39. Mr. Ulmer needs to write a letter or call to The Company to inform them of the plans for the administration of irrigation water. 40. A note should be inserted on the plat of the Subdivision acknowledging that: • No livestock watering, swimming,tubing, canoeing or other use of the ditch or water in the ditch is allowed. • No dumping of refuse, including but not limited to household garbage, waste materials, grass clippings, tree and shrub prunings, motor oil, chemicals, pesticides or herbicides is allowed. • No pumps for lawn or other irrigation are allowed in the ditch. • No use of the ditch easement for hiking, biking, horseback, motorcycle, off road vehicles or other motorized or non-motorized vehicle shall be allowed. STILLWATER ACRES PUD PEI No. 02-057 SPECIFIC DEVELOPMENT GUIDE Weld County Code—Article VI Section 27-6-30. Major Components of the Development Guide The development guide consists of eight (8) major components of the PUD development, as follows: A. Environmental impacts B. Service provision impacts C. Landscaping elements D. Site design E. Common open space usage F. Proposed signage G. MUD impacts H. Intergovernmental agreement impacts A. Component One—Environmental Impacts 1. Noise and Vibration: It is not anticipated that any excess noise or vibrations will be created by the project that would not be associated with a typical residential development. There are no businesses planned for this site that would create noise or vibration, causing an environmental impact. 2. Smoke, dust and odors: The project will not generate any unusual smoke or odors. During construction, dust control will be provided in accordance with local and state regulations. After construction, all roadways will be paved and open space areas will be planted to minimize the generation of dust. 3. Heat, light, and glare will be controlled by landscape and development design. 4. Visual/Aesthetic impacts: There will be no visual or aesthetic impacts not normally associated with a development of this type. All buildings will conform to the Weld County Building Code. 5. Electrical Interference: The existing power lines along CR 15 and CR 56 are above and below ground. There is no reason to expect that the project will create any electrical interference. n Pickett Engineering,Inc. Specific Development Guide November 20,2003 Stillwater Acres Page 1 of 5 • 6. Water pollution: Water pollution will not occur. Wastewater treatment and sanitary sewer systems are discussed below. See the drainage report for additional information. 7. Wastewater disposal: Wastewater disposal is discussed in the sanitary sewer and storm drainage sections. 8. Wetland removal: The wetlands on the site will be preserved in their natural condition. The project has been designed around these areas and they will be used as open space for the development. 9. Erosion and sedimentation: Erosion and sedimentation during construction will be controlled in accordance with local, state, and federal regulations. After construction, erosion and sedimentation will be controlled with landscaping, detention ponds, and storm drainage structures. 10. Excavating, filling, and grading: The site will be designed to balance if possible. Material excavated will be placed in other areas and compacted to the required densities. Work will be done in accordance with applicable regulations regarding fugitive dust and erosion control. 11. Drilling, ditching and dredging: See excavating, filling, and grading. 12. Air pollution: No uses are planned that would require an Air Pollution Emission Notice (APEN). 13. Solid Waste: A local trash company will dispose of solid waste. The residents of this subdivision will have curbside service. 14. Wildlife removal: The majority of the property is currently being farmed. The ditch areas are to be left in their natural state, and existing wildlife will not be harmed. 15. Natural vegetation removal: All existing natural vegetation will remain. 16. Radiation/radioactive material: There is no radiation or radioactive material on this site. 17. Drinking water source: Potable water will be provided by the Little Thompson Water District. (See attached letter.) 18. Traffic impacts: Traffic impacts are not an issue for this subdivision. This is discussed in the Traffic Impact Analysis portion of the following section. Pickett Engineering, Inc. Specific Development Guide November 20,2003 Stillwater Acres Page 2 of 5 B. Component Two—Service Provision Impacts 1. Schools: The project is located within the Weld County School District Re-5J School District. Please refer to the attached correspondence. 2. Law Enforcement: Law enforcement will be provided by the Weld County Sheriff's office. 3. Fire Protection: The Johnstown Fire Protection District will provide Fire Protection. This agency has been contacted and possesses the capacity to meet the needs of the development. A letter from Jesse Molinar of the Fire District is attached. 4. Ambulance: Weld County Ambulance serves the development. They requested to be sent a map to the subdivision once residents occupy the area. One will be sent to: Weld County Ambulance, 1121 M, Greeley, CO 80631, Attention: Troy Osborne, by the owner. 5. Transportation: The development is located directly to the east of I-25. Access off I-25 will be from Highway 34 and then south approximately 1 mile on CR 15. There will also be an emergency access that will follow the existing irrigation ditch. This emergency access will be placed inside a 70' ROW planned for the ditch. This development will utilize the existing access road along the Farmers Irrigation Ditch. The maintenance of this road will be the responsibility of the Homeowners' Association. 6. Traffic Impact Analysis: A traffic study was determined to be unnecessary by Peter Schei, P.E., of the Weld County Public Works Department, based on the proposal of limited development and the anticipated low traffic-impact on surrounding roads. (Per a Weld County Planning memo to Kim Ogle dated 27- March-2003.) 7. Storm Drainage: A combination of underground systems and open drainageways will collect stormwater. Historical flow pathways will be maintained as much as possible. Stormwater will be released back into the ditch. Stormwater will flow over the natural terrain prior to returning to the ditch. Refer to the drainage report. 8. Utility Provisions: Qwest will provide telephone service; the Poudre Valley REA Inc. will provide electric service; and Xcel Energy (Public Service Company) will supply gas service to the proposed development. There is no cable TV service available in this area at this time. Please see attached letters. n Pickett Engineering, Inc. Specific Development Guide November 20,2003 Stillwater Acres Page 3 of 5 9. Water Provisions: The Little Thompson Water District will supply domestic water to the Stillwater Acres development. An Agreement for Water Main Extensions is attached. 10. Sewage disposal Provisions: Sewage will be provided by individual sewage disposal systems. 11. Structural Road Improvement Plan: The subdivision will contain a two-way, 24'- wide, paved road with a 60' right-of-way. There will be two, 12' driving lanes with a 4' gravel shoulder on each side. There will be a borrow ditch on both sides of the street. Access to the existing WCR 56, 60' ROW will be kept in mind for future development. The right-of-way radius at the end of the cul-de-sacs is 70'. This allows smooth and easy turning of large fire equipment. C. Component Three—Landscaping Elements: 1. The attached landscaping plan illustrates the conceptual location of trees, entry features, trails, and open space within the development. As shown on the plans, there is more than 19 acres of common, open space. This area will be seeded with native, xeriscape grasses, shrubs, wild flowers, and deciduous trees to simulate the riparian and prairie landscape of the stream basins in the surrounding area. Plant species to be used will be native or conducive to Front Range conditions. Plants that are discouraged by Weld County will not be used in the landscape of this development. There will be no irrigation of the area after the plants have become established. Each lot will also be landscaped with native-type grasses and shrubs creating a natural pasture. Every attempt will be made to restore the on-site vegetation. Drawing C-2.1, attached, shows a landscaping plan of the property. D. Component Four—Site Design: 1. The land proposed for the Stillwater Acres Subdivision will be used for PUD- zoned Residential in a farming-community setting. Each house will have exquisite views of Colorado's majestic mountains. The Greeley-Loveland Irrigation Canal borders the north side of the property and the Farmers Irrigation Ditch bisects the site. The latter ditch will exist at the edge of all the lots, thus adding to the subdivision's secluded, country feel. An existing pond and drainageway flow through the site from the northern boundary to the southern boundary. 2. Stillwater Acres will contain nine residential estate lots. The following criteria will need to be followed when building on these lots: The smallest allowable main floor will be 2,000 sf; there will be an architectural/HOA committee that will enforce strict regulations regarding architectural design, fencing, accessory structures, parking, and aesthetic issues. The intent is to maintain the views for Pickett Engineering, Inc. Specific Development Guide November 20,2003 Stillwater Acres Page 4 of 5 .�. each home built in this development; this committee will have sole ability to accept or reject any design. The intent of this subdivision is one of grandeur— and the homes and the property they are located on should reflect that. Each lot will contain a single-family, ranch-style home. In addition to the generous sizing of all the lots, two of the lots will include a significant amount of land that the owner may farm or ranch. E. Component Five—Common Open Space: 1. A HOA will maintain open space. The HOA membership will be mandatory for each residence owner. The common open space, more than 19 acres, consists of four outlots. The total open space in this development will encompass more than 13% of the property. The outlots will be considered permanent open space in this development. These spaces will be unimproved, set aside, and dedicated for the use and enjoyment of the Stillwater Acres residents. A turn-around will be placed in Outlot C. This will also be utilized as the future bus stop and mail stop location. F. Component Six—Signage: 1. All Signage will meet the requirements of Chapters 23 and 26. G. Component Seven—MUD Impact: 1. This project does not fall within the MUD District. H. Component Eight—Intergovernmental Agreement Impacts: 1. There are no Intergovernmental Agreement Impacts on the proposed property. Further questions: Any questions or comments should be addressed to: Nolan Ulmer Lonestar Properties, LLC 16529 Weld County Road 70 Greeley, Colorado 80631 970-690-8423 e•-•1/4 Pickett Engineering, Inc. Specific Development Guide November 20,2003 Stillwater Acres Page 5 of 5 UIV LAND LLC 16529 WCR 70 GREELEY, COLORADO 80631 970.690.8423 September 4, 2003 Dr. Martin Foster Superintendent Weld County School District Re-5J Johnstown-Milliken 110 South Centennial Drive Milliken, Colorado 80543 RE: Case No. PK-1032 Stillwarte P. Dear Dr. Foster: In response to the letter from Dr. Jack E. Pendar, dated February 14, 2003, UIV Land LLC will comply with the wishes of Weld County School District Re-5J. The $750 cash-in-lieu of land dedication will be paid directly to the school district upon the issuance of each building permit. Additionally, a comment was made referring to a bus/shelter stop to be placed within the development. I have attached a copy of the plan with the proposed location of the bus stop circled as well as a copy of the letter from Dr. Jack E. Pendar. Please contact me at (970) 690-8423 if you have any additional questions concerning this matter. Sinc re , Nolan Ulmer, Manager UIV Land LLC enclosures WELD COUNTY SCHOOL DISTRICT Re-5J r 7ViriLH�i r^ JOHNSTOWN-MILLIKEN r 110 S. CENTENNIAL DRIVE, SUITE A � MILLIKEN CO 80543 h Weld County Planning Department i / GREELEY OFFICE lz Z: G CM �1r FEB 1 8 2003 Dr.Jack E.Pendar RECEIVED Superintendent (970)587-6050 • • February 14, 2003 Weld County Planning Department 1555 N. 17th Avenue Greeley, CO 80631 - Kim Ogle: Thank you for referring case number PK-1032 to the School District. As stated in previous letters, the projected student impact upon the Johnstown-Milliken School district appears to be minimal as presented at this time. Currently our schools are above ,., or nearing capacity, especially at the elementary levels. Our facilities plan indicates that we will have the need to bond for an additional elementary school within the next year and make renovations to the middle and high schools within the next two years. The Board of Education will be seeking voter approval for these issues in November of 2003. As of this date the Towns of Johnstown, Milliken and Berthoud have formally passed a resolution and ordinance describing the land dedication or cash in lieu of land dedication for education. At present,the cash in lieu of land dedication fee is $750. This fee is paid at the time of the issuance of a building permit and is paid directly to the school district. As this exemption directly affects the school district adversely, I would request that the applicant voluntarily contribute the same fee as all other homebuilders in our communities have done since the inception of the local IGAs. A signed statement by the applicant agreeing to the voluntary contribution as mentioned would be agreeable to the district. Also, due to the geographical size of the development, a common pickup point for students would be necessary. I believe a bus shelter/stop is planned in the development. /01 Sincerely' r ; f� 1 n t"....✓C Jack E. 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An t "₹o .l r £ €R ws .fE oN s•-x F a 51 x d gRa g \ j .. § eq $ a Willi o a e el g \\ ^c = g3& A,;', $s Ktl p$ sFFsa3 \\ t �`i" w7" ' IAA x' €86 RJRS a m s c n zx° fps €�. IN \\ ... r C� sa, ¢ g q 5 s �s mEp R xa Ez,� �a3=fF \ \--j--/ -..e%2;- \ s & l to ! I e SAY ? , Mm;Set: a 0,4,E^ %}>Ar t T3 g na[ R pe §- ,O k f ""F ; ' N1 . Ln Sg 5TILLNI4TER ALRE+ "' �•�,^' wn GKE, _ __ v ei � RING � CHANGE 4OF mR Ac PLAN � awfA- --- 1-800 922 1987 ra--,,, PN6INEE—� ,.r.1I '�31"jfrilLi„ f. � NNGORPOF2ATED�. N0LAN 0I MER nyerorn. -/+ Johnstown Fire Protection District is\ P.O. Box 979 • 100 Telep Street • Johnstown, Colorado 80534 RE Ev, Telephone: (970) 587-4477 • Emergency 911 November 8, 2003 Jesse Molinar Jr. Johnstown Fire Prevention 970-587-0339 Chico Quintana Pickett Engineering Inc. Nolan Olmer Stillwater Acres Subdivision Sirs, I have reviewed the Change of Zone submittal plan for Stillwater Acres Subdivision. The Johnstown Fire Protection District accepts the general layout of the P.U.D.. The requirements set forth in a letter from the district dated 2-10-03, and further requirements shall be followed by the development. These will be sent via post office. Thank you, (y^'�/(A n J ' 0 Jesse olinar Jr. Fire Marshall Johnstown Fire Prevention r Mt KRUG &SOBEL, LLC ATTORNEYS AT LAW 1700 Broadway, Suite 508 Denver,Colorado 80290 Telephone: 303-831-8450 Facsimile: 303-831-8482 E-mail: law@krug-sobel.com Molly Sommerville,Esq. msommerville@krug-sobel.com November 12, 2003 Via Telefax and U.S. Mail (970) 356-6486 Mr. Chico Quintana Pickett Engineering, Inc. 808 8th Street Greeley, Colorado 80631 Re: Stillwater Acres Township 5 North, Range 67 West Section 17: SW/4 (approximate 7.513 acre parcel) Weld County, Colorado Dear Mr. Quintana: This letter follows up our telephone conversation on November 11, 2003 about prospective surface development for property in Weld County that includes portions of Section 20 and also a 7.513 acre parcel of property in Section 17,Township 5 North,Range 67 West in Weld County ("Section 17 Property") that your firm intends to develop as a subdivision to be known as Stillwater Acres.I am also in receipt of the plat and map that you e-mailed and faxed to me on November 11 that shows the location of the property within the two Sections. As we discussed,this law firm represents Anadarko Land Corp. ("Anadarko Land"), formerly known as Union Pacific Land Resources Corporation, and also Anadarko E&P Company LP, formerly known as Union Pacific Resources Company, with respect to the proposed development of the property. As you know,the Anadarko entities own all of the minerals that underlie the portion of the property in the proposed subdivision that is located in Section 17. Mr. Chico Quintana November 12, 2003 Page 2 1. Oil and Gas Resources Owned by the Anadarko Entities. Anadarko E&P or a predecessor company has entered into an exploration agreement with United States Exploration, Inc. ("UXP") that includes Section 17 pursuant to which MCP has the right to drill oil and gas wells in the Section and earn an oil and gas lease from the Anadarko entities. Nevertheless, the Anadarko entities do not at this time intend to object to any application for development that would be filed with a local jurisdiction for the proposed subdivision because of the oil and gas interests they own in the Section 17 Property;provided that, the application includes only the 7.513 acres in Section 17 as you indicated in your e- mail to me dated November 11. 2. Hard Rock Mineral Resources Owned by Anadarko Land Corp. Anadarko Land typically enters into arrangements with surface developers for the disposition of its hard rock minerals, including coal, in cases where hard rock mineral development will be precluded because of surface development. The disposition of the hard rock minerals can range from a mineral deed to a long term nondevelopment lease to a relinquishment of surface rights. A geologist for Anadarko Land has reviewed the property for coal resource potential, and he has determined that at this time Anadarko Land does not intend to develop the coal that underlies the Section 17 Property. Nor does Anadarko Land intend to file an objection to the application at this time. If Pickett would like to resolve the severed mineral estate issues for the hard rock minerals that Anadarko Land owns in the Section 17 Property for title or other reasons, however, Anadarko Land would propose to provide Pickett with a relinquishment of surface rights to develop the hard rock minerals in exchange for a minimum transaction fee of$5000. Enclosed is the form of relinquishment that Anadarko Land generally provides in similar circumstances. This proposal is subject to the final management approval for Anadarko Land. n .01 Mr. Chico Quintana November 12, 2003 Page 3 Please let me know how you wish to proceed with respect to the hard rock mineral interests. Very truly yours, KRUG &SOBEL,LLC Molly Sommerville MS/sa Enclosure cc: Donna Powers, Esq. Mike Dollarhide Don Ballard r , Weld County Planning Department GREELEY OFFICE MAY 1 6 2003 THE GREELEY & LOVELAND IRRIGATION CR E C E I V E D 808 23rd Avenue, Greeley, CO 80634-5922 Phone(970) 352-0495 FAX (970) 352-2457 May 12, 2003 GLIC808@aol.com Mr. Ken Ogle Weld County Planning &Zoning 1551 17th Avenue Greeley, Colorado 80631 _ Re: Stillwater Acres Dear Mr. Ogle, Greeley and Loveland Irrigation Company has reviewed the plans provided for the development of Stillwater Acres, Section 17, Township 5 North, Range 67 West, Weld County. We find no conflict with the operation and maintenance of the Greeley and Loveland Irrigation Company canal which is on the north boundary of the proposed development. We were not provided a grading plan of the subdivision but the developer has indicated to us that there are no major changes in elevation planned immediately adjacent to the canal. The only concern of Greeley and Loveland Irrigation Company would be if there were major grading cuts immediately adjacent to the canal that could cause the loss of lateral support of the canal bank and the loss of stability of the canal. Unless the grading issue arises, the Greeley and Loveland Irrigation Company has no objections to the subdivision as planned. Sin ely, ,, — }n R ld Brinkman, General Manager Greeley and Loveland Irrigation Company UIV LAND,LLC Nolan Ulmer,Manager . 16329 WCR 70 Greeley,Colorado 80631 December 10, 2003 Weld County Planning Department 1555 North 17th Avenue Greeley, Colorado 80631 RE: Change of Zone Submittal Stillwater Acres PEI No. 02-057 To Whom It May Concern: UIV Land, LLC, is currently working with Kerr McGee Rocky Mountain Corporation on an agreement concerning surface use. Therefore, that piece of documentation is missing from this submittal. In addition, the agreement with the Reorganized Farmer's Ditch Company is also underway. These agreements will be included at the time of the submittal for final plat. 2er1y, Nolan Ulmer Manager Weld County Treasurer - Receipt of Tax Payment Receipt 35779 A! ThUNT: R1799802 Pi-,..CEL NO: 095720200035 DATE RECEIVED: 04/30/2003 RECEIVED BY: KSI UIV LAND LLC 16529 COUNTY RD 70 GREELEY, CO 80631 DESCRIPTION: PT NW4 20-5-67 PT OF LOT B REC EXEMPT RE-3340 DESC AS ALL THT PT LOT B LYING IN NW4 SEC 20 (1 . 75R8D) SITUS : WELD PAYOR: REFERENCE : UIV LAND LLC CHECK 1512 2002 TAX TAX PAYMENT WHOLE 720 . 80 n RECEIPT TOTAL $720 . 80 ALL CHECKS SUBJECT TO FINAL COLLECTION ! THANK YOU - Weld County Treasurer P.O. Box 458 Greeley, CO 80632 Property Tax Information ^ ^ Page 1 of 1 • �'vcico e to � ._.. p. Home II Services (, Departments I; About Weld ,I Property Information II Contact Us �' to Home > Departments > Treasurer's Office > Tax Search > Mx Search Results > Tax Detail Tax Search Details Information for tax year: 2002 payable in 2003 Property Information Owner Name: Uiv Land LIc Address: City: Weld Account Number: R1799802 Parcel Numbe 095720200035 , Legal Address: pt nw4 20-5-67 pt of lot b rec exempt re-3340 desc as all tht pt lot b lying in nw4 sec 20 (1.75r8d) situs: weld Payment Information Total Tax Amount: $720.80 Actual Land Value $37,136.00 First Half Amount: $0.00 Actual Improved Value $0.00 Second Half Amount: $0.00 Actual Total Value $37,136.00 SR. Exemption: $0.00 Assessed Land Value $10,780.00 Full Amount Paid: ($720.80) Assessed Improved Value $0.00 Current Balance: $0.00 Assessed Total Value $10,780.00 IF any of the following fields are "YES" please contact the Treasurer's Office for more information. Tax Status Tax Liens: No Senior Homestead Exemption: No Prior Taxes Due: No Tax Area 2364 Special Improvement Tax: No Mill Levy 66.865 Database Last Updated at: 11:17 PM on December 30, 2003 http://www.co.weld.co.us/departments/treasurer/tax/tax_info.cfm?ACCOUNTNO=R 1799802&taxye... 12/31/2003 l / / .:'. � e-- PROPERTY PROFILE Account: R1799802 Account Type: Agricultural Tax Year: 2 Version: 20030411000 Parcel: 095720200035 Area ID: 2364 Mill Levy: 75.604000—" APR District: Estimated Tax: 804.43 Status: A *This Mill Levy is from the most recent tax roll '9, t.I._,4..-.t..r.1., -s.1--late ai- ..auw„ .. 2u....l x oiae�. :.a... wuJ.0 =a;z�.«us_� 3.,'i tiLZa elr i „= Namg and Addresslift;; maflo`n i alt DesciiiWiaip, , „ y ,, *k r�s UIV LAND LLC PT NW4 20-5-67 PT OF LOT B REC EXEMPT RE-3340 DESC 16529 COUNTY RD 70 AS ALL THT PT LOT B LYING IN NW4 SEC 20 (1.75R8D) SITUS: WELD GREELEY, CO 80631 fern rvyry* 'aa;. S 1 it P �Q ® f Jgit �aY jai u, 5. 1v 5 W WELD, CO ssessmen n orma ion add 74i t Vii P:ti ' i. _ :. I a : ., 36,676 10,640 5,695,034 130.740 0gmA 37' 0 0 0 Filzallirtarg 36,676 10,640 10,640 � ��. u -� r a, ay u � �� � ,�,emu �� �, r in � '^ TaX eaFWG2 s '4: �� *�l, tw .,.,47- ,hti4 a.. 4t'R 4 il�,� �, „" �� t .t �: iC1 ,O 37,136 10,780 5,695,034 130.740 Lan Improvemenls"I 0 0 0 1 4 61iril a;:qtr _ 7otaf ax;tr , 37,136 10,780 10,780 .t‘, Weld County r Weld County Treasurer - Receipt of Tax Payment Receipt 35780 AQ "UNT: R1799702 PA-.JEL NO: 095717300019 DATE RECEIVED: 04/30/2003 RECEIVED BY: KSI UIV LAND LLC 16529 COUNTY RD 70 GREELEY, CO 80631 DESCRIPTION: PT SW4 17-5-67 PT LOT B REC EXEMPT RE-3340 DESC AS ALL THAT PT LOT B LYING IN THE SW4 SEC 17 ( . 12R) SITUS : WELD PAYOR: REFERENCE: UIV LAND LLC CHECK 1512 2002 TAX TAX PAYMENT WHOLE 2 . 08 ,.2002 PROCESSING FEE TAX PAYMENT WHOLE 5 . 00 RECEIPT TOTAL $7 . 08 ALL CHECKS SUBJECT TO FINAL COLLECTION ! THANK YOU - Weld County Treasurer P.O. Box 458 Greeley, CO 80632 Property Tax Information ^ Page 1 of 1 t 1 aCOMC.. to 'cctc( rol.mtv, Caro 1 Ulr Home Services I Departments II About Weld II Property Information ('', Contact Us , Home > Departments > Treasurer's_Office > Tax Search > Tax Search Results > Tax Detail Tax Search Details Information for tax year: 2002 payable in 2003 Property Information Owner Name: Uiv Land LIc Address: City: Weld Account Number: R1799702 Parcel Numb C 095717300019 Legal Address: pt sw4 17-5-67 ptTot b rec exempt re-3340 desc as all that pt lot b lying in the sw4 sec 17 (.12r) situs: weld Payment Information Total Tax Amount: $7.08 Actual Land Value $106.00 First Half Amount: $0.00 Actual Improved Value $0.00 Second Half Amount: $0.00 Actual Total Value $106.00 SR. Exemption: $0.00 Assessed Land Value $30.00 Full Amount Paid: ($7.08) Assessed Improved Value $0.00 Current Balance: $0.00 Assessed Total Value $30.00 IF any of the following fields are "YES" please contact the Treasurer's Office for more information. Tax Status Tax Liens: No Senior Homestead Exemption: No Prior Taxes Due: No Tax Area 2367 Special Improvement Tax: No Mill Levy 69.135 Database Last Updated at: 11:17 PM on December 30, 2003 http://www.co.weld.co.us/departments/treasurer/tax/tax_info.cfm?ACCOUNTNO=R 1799702&taxye... 12/31/2003 ,-. A ;ultural R1799702 Account Type: 20030411000 gr 1 E l W n 1 I -i) Account: Version: 2367 �003__� _ ..w Area ID: Tax Year: 5717300019 A (� /' t J ,.parcel: APR District: A 77.88000 Status All Levy: 2 34y ;, � r ` Fl r -,3 Estimated Tax: is from the most recent tax roll *Thls NAill Levy - , Lega D6SCa,,,,on r „2::,...„,,,__. WV LAND d C-ddressylnfarrn if ,m PT SW4 17-5-67 ti LOT B REC EXEMPT REC-313740(DESC A UIV LAND LLC ALL THAT PT LOT B LYING IN THE SW4 SE .12R)SITUS: 16529 COUNTY RD 70 WELD GREELEY, CO 80631 WELD, CO trir ssessmen n orma ion -4 e ate ,, a ° ,. '>; : . . .a 7.160 30 311,890 rs . ; "t-7 106 0 re"'• E -""t"' .,tea 0 ,» at .: 30 I311,89O ;160 IP kate Fe _ 106 0 0 0 30 »u � q 30 106 ?e r -t i..r'''-1". r �, 30 Weld County 1 I I )•" Hello