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Home My WebLink About20032023.tiff /. - —7 PLANNED UNIT DEVELOPMENT CHANGE OF ZONE APPLICATION PLANNING DEPARTMENT USE ONLY: Case Number Application Fee: Zoning District Receipt Number Date Application Checked By: Planner Assigned to Case: To BE COMPLETED BY THE APPLICANT: (Print or type only except for required signatures). /(we),the undersigned,hereby request hearings before the Weld County Planning Commission and the Board of County Commissioners concerning the proposed PUD rezoning of the following described unincorporated area of Weld County. LEGAL DESCRIPTION: See( attached cgpy of warranty deed . (If additional space is required, attach an additional sheet of this same size or a copy of the deed) 1207 36 000059 and PARCEL NUMBER:_ 1207 36 0000O —__(12 digit number-found on TAX I.D.or obtained at the Assessor's Office) NAME OF PROPOSED PUD SUBDIVISION Pelican Shores EXISTING ZONING Agriculture PROPOSED ZONING PUD / R-1 TOTAL ACREAGE 240 OVERLAY DISTRICTS Floodplain PROPOSED DEVELOPMENT GUIDE SUBMITTAL(Specific or Conceptual) Specific PROPERTY OWNERS OF AREA PROPOSED FOR PUD REZONING: NAME River Runs Through It , LLC PHONE d1c,-AFi5-999(1 ADDRESS P.O. Box 17130, Bdulder, CO 80908-0t90 NAME Doug Tiefel PHONE 9h9_6A,F-9390 ADDRESS P.0.Box 17130. Rnnldpr. (X1 Arms-ono APPLICANT OR AUTHORIZED AGENT(if different than above') NAME ADDRESS HOME TELEPHONE BUSINESS TELEPHONE ' If agent is different from the property owner, please submit written documentation from the property owner authorizing said agent to represent the owner. Signature: Owner}Authorized Agent bias 14 2003-2023 -� ft/ _/on Pelican Shores PUD A Planned Residential Waterfront Development Consisting of 240 acres with two lakes (53 and 54 acres) private open space (84 acres) and 40 lots Subdivision/PUD Change of Zone Request • Pelican Shores Prepared by Columbine Land Resources, Inc. c/o Doug Tiefel P.O. Box 17130 Boulder, CO 80308-0130 Office: (303)665-9390 Fax: (303-665-0165 E-mail: CLRColorado@aol.com EXHIBIT May 2002 Pelican Shores PUD List of Ownership and Project Team Owner: South Parcel River Runs Through It, LLC P.O. Box 17130 Boulder, CO 80308-0130 Office: (303)665-9390 Fax: (303)665-0165 North Parcel Doug Tiefel P.O. Box 17130 Boulder, CO 80308-0130 Office: (303)665-9390 Fax: (303)665-0165 Developer: Columbine Land Resources, Inc. P.O. Box 17130 Boulder, CO 80308-0130 Office: (303)665-9390 Fax: (303)665-0165 r Civil Engineer: JLB Engineering Consultants Jim Blankenship 918 Eldorado Lane Louisville, CO 80027 Office: (303)604-1634 Fax: (303)604-1674 Flood Plain Engineer: Ayres Associates, Inc. Doug Liaho and Jason Ullmann 400 South McCaslin Boulevard—Suite 200 Louisville, CO 80027 Office: (303)938-8874 Fax: (303)938-8211 Traffic Engineer: LSC Transportation Consultants, Inc. Alex J. Ariniello 1889 York Street Denver, CO 80206 Office: (303)333-1105 Fax: (303)333-1107 Surveyor: Hascall Surveys, Inc. Mike Hascall P.O. Box 928 Berthoud, CO 80513 Office and Fax: (970)532-9824 r REQUIREMENTS FOR SUBMITTAL TO WELD COUNTY PUD Change of Zone: Step Two Proposal Summary This application is for PUD Change of Zone with Weld County. The property received Sketch Plan approval for 40 total lots in December 2000. This application remains substantially the same and Incorporates many details, which are now known and necessary for the proposed development to become one of the finest, residential waterfront communities in Weld County and the Front Range of Colorado. The property consists of 240 acres at the northwest corner of County Roads 13 and 26 within Weld County. The property is designated for Light Residential development on the Weld County Del Camino/I-25 Mixed Use Development Plan. The St. Vrain River runs through the property from west to east bisecting it into a northern portion and southern portion. The property has previously been mined for sand and gravel which created an existing lake of approximately 54 acres is on the south side of the property and a lake being re-excavated on the north side of the property will consist of approximately 55 acres when complete. All of the property lies within the St. Vrain Sanitation District and water service is available to the northern area from the Little Thompson District and the Central Weld Water District will serve the southern area. Fourteen lots are proposed around the north lake and 26 lots are proposed around the south lake. A reduced copy of the proposed plat map is attached for review. All other utilities (including gas, electric and telephone) are available and development of the project is proposed to be phased with the southern area developed in the Fall of 2002 and Spring 2003 and the northern area will develop in the years to follow. This subdivision provides the opportunity for a premier waterfront development within a residential setting. Two separate homeowners associations will be incorporated as non-profit corporations with the State of Colorado and will serve as the entity for the regulation and management of each lake, access road and the common open space associated with the area around the lakes. All lot owners will become members with undivided interests in the Association. Restrictive Covenants will be recorded with Bylaws for the Association, which will govern architectural review and requirements for housing-type, style, parking, land uses and landscape requirements. Water activities ranging from water skiing to sailing and fishing will be encouraged. 1 REQUIREMENTS FOR SUBMITTAL TO WELD COUNTY There are numerous requirements for submittal to Weld County for PUD Approval and a Change of Zone to the R-1 classification. These approvals are found in the Goals, Policies and Regulations of Sections 22, 23, 26 and 27 of the Weld County Land Use Code. Below is a detailed response to the requirements for the proposed PUD Change of Zone as required by the Weld County Land Use Regulations. Section 27 has been followed item-by-item as a guide in order to answer as comprehensively as possible all of the sections referenced above of the Land Use Code. In reviewing Sections 22, 23, 26 and 27 of the Land Use Code, there is a significant amount of overlapping information. The information which follows is an attempt to address all of the requirements. The property's designation, on the Weld County Comprehensive Plan, is Light Density Residential and lies within the I-25 Mixed use Development Area. This application does not propose a mix of land uses and desires only 40 residential lots within 240 acres, preserving 80% of the project in Open Space. The basic concept of preserving so much land is consistent with the Weld County Comprehensive Plan. Sec. 27-5-3O. Requirements of submittal. The following items are required for submittal of the PUD Change of Zone r A. The PUD Change of Zone application forms provided by the Department of Planning Services and application fee. The forms and a check, payable to Weld County, are attached. B. Repealed. C. A certified list of the names, addresses and the corresponding parcel Identification number assigned by the Weld County Assessor of the owners of property (the surface estate) within five hundred (500) feet of the property subject to the application. The source of such list shall be the records of the Weld County Assessor, or an ownership update from a title or abstract company or attorney, derived from such records, or from the records of the Weld County Clerk and Recorder. If the list was assembled from the records of the Weld County Assessor, the applicant shall certify that such list was assembled within thirty (3O) days of the application submission date. A certified list of the names and addresses of mineral owners and lessees is also attached in the Appendix of this application. D. A certified list of the names and addresses of mineral owners and lessees of mineral owners on or under the parcel of land being considered. The source of such list shall be assembled from the records of the Clerk and Recorder, or from an ownership update derived from such records of a title or abstract company or an attorney. A certified list of the names and addresses of mineral owners and lessees has been prepared from the Clerk and Recorder records and is also attached in the Appendix of this application. E. A Change of Zone plat as described in Section 27-9-20 of this Chapter. A full-size copy of the proposed Plat Map/Site Plan. There are three plat 2 rTh maps. One is an overall of the entire property (showing 240 acres) and the subsequent two maps are the enlarged areas of the proposed north and south development areas showing the residential lots on a larger scale. F. A specific or conceptual development guide as described in Article VI of this Chapter, which includes the eight (8) major components of the development plan and stipulations required in this Chapter. A specific development guide has been drafted and is provided with numerous details as described later in this application. The eight major components of the Development Plan have been described and are incorporated herein by reference. G. A certificate from the County Treasurer showing no delinquent taxes for the parcel area. See the attached certificates for the property in the Appendix of this report. H. A copy of an agreement with the mineral owners associated with the subject property. The mineral owners are the same as the surface owners, consequently; no separate agreement will be necessary. I. A copy of an agreement with the owner of any ditch located on or adjacent to the site, OR shall provide written evidence that an adequate attempt has been made to mitigate the concerns of the ditch owners. There are no written agricultural ditch easements as there are no irrigation ditches to be changed or modified. The Rural waste ditch runs along the western boundary of the property and will be preserved with an easement on the plat map. There is a preliminary agreement (a copy which is attached in the Appendix) with Kerr-McGee Rocky Mountain Corporation for a mining and oil drilling plan for the property. There are two (2) existing gas wells, which have been preserved with setbacks and access details on the proposed Lot 5 and Outlot A. Lastly, there are two transmission gas lines running through the property, which will be protected by easements, also on the plat map. J. A copy of an existing easement or dedicated right-of-way when it is contiguous to an easement or right-of-way of the proposed Planned Unit Development. County Roads 13 and 26 are adjacent to the proposed PUD on the east and south. The right-of-way for those roadways has existed for decades. Recently, the owners of the property conveyed additional easements to the County for the widening of a new bridge over the St. Vrain River at County Road 13. Copies of those easements are also attached in the Appendix. K. An erosion control plan, if required as a result of a sketch plan requirement. No erosion control plan was required. 3 ARTICLE VI Development Guide Requirements Sec. 27-6-30. Major components of 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. C. MUD impacts. H. Intergovernmental agreement Impacts. Sec. 27-6-40. Component One — environmental impacts. A. Intent. The intent of Component One is to identify and isolate any possible impacts the proposed use may have upon the environment on the site, as well as on neighboring site. 1. Noise and Vibration — There should be no objectionable noise or vibration associated with the proposed Development. During construction, there will be the normal noise activities of construction equipment for the installation of utilities and roads and subsequently, with the construction of the 40 residences. After the residences are constructed the entire 240 acres should be relatively quiet as it will be a residential community amidst 193 acres of open space. 2. Smoke, Dust and Odors There should be no smoke, dust or odors associated with the development after construction is complete. 3. Heat, Light and Glare There should be no heat associated with the project, at all. With respect to light, the Restrictive Covenants require all lighting associated with each residential home as well as any entrance lighting to be of the "down-lit" category. Consequently, there should be no light affecting adjacent properties negatively. 4. Visual/Aesthetic Impacts The development, when complete, should represent a very pleasing visual aesthetic view as all of the proposed homesites have lake-front access. The architecture and landscaping of the homes and lot should be very upscale and represent the very latest architectural styles and landscaping combinations. The two bodies of water representing a total of 109 acres will be the focal point of the subdivision with the St. Vrain River and the natural river corridor and wildlife habitats protected through the center of the development. The combination of the homes with the water and the St. Vrain River should be very visually appealing and positive to the entire neighborhood. 4 5. Electrical interference Electrical interference should not be an issue. All new utilities or electrical service will be installed underground and the only possible objection will be the new proposed overhead electric line that is being planned by United Power along the west side of County Road 13. That new transmission line is currently under review by neighbors and Weld County and will represent a significant overhead structure and will certainly be objectionable to existing residences and the future residences of this proposed development. It is unfortunate that it cannot be installed underground; however, that cost is apparently too great. 6. Water pollution Since all 40 homes will have sewer service provided by the St. Vrain Sanitation District, there should be no groundwater pollution potential and all residences will be required to provide an erosion control and landscaping plan for construction of each new residence. In addition, the Covenants will require that any fertilizer applied to the lawns of the residences must be contained to the lot itself in order to contain and eliminate any chance of excessive chemical runoff into the adjacent lakes. The existing lakes and the St. Vrain River are the primary asset and value of the proposed development and it is imperative that all of the water resource be protected and no water pollution to occur. The subdivision has a drainage plan prepared by a registered civil engineer and all final grading will be accomplished according to the final approved drainage plan. The drainage plan will channel and control drainage runoff and both lakes provide for overflow runoff into the St. Vrain River. No pollution or violation of any County, State or Federal Regulations is anticipated. 7. Wastewater Disposal Wastewater disposal should not be an issue or a concern at all. All lots will be required to tap into the existing sewer line provided by the Developer and through the St. Vrain Sanitation District. 8. Wetland Removal No wetlands will be removed with this application and in fact, all existing wetlands are protected with this Plan and will be enhanced and enjoyed by future generations to come. 9. Erosion and Sedimentation As mentioned above, each lot will be required to provide an erosion and landscape plan with the architecture approval for each lot. The plan required for each lot will ensure that there will be no erosion from each lot into the lakes for the St. Vrain River. All lots will be required to landscape there entire lot area and the plans will encourage the planting of drought-resident plants and grasses. With Fall and Spring plantings encouraged, erosion and sedimentation should be minimized and/or eliminated. 10.Excavating, Filling and Grading The excavation of the south area lake is complete and all of the lot areas and all of the land around that lake have been accomplished and the grading is complete. With respect to the north lake, the final phase of excavation is occurring at this time and should be complete by Spring 2003. The north area lots (Lots 1 through 14) grading is complete and all disturbed areas have been reseeded. 5 Other than the final grading for the access roads and the installation of underground utilities, no other disturbances are anticipated. 11.Drilling, Ditching and Dredging There are additional oil and gas wells to be drilled on the property. A master drilling agreement is being negotiated between the land owner and Kerr-McGee Rocky Mountain Corporation (the current oil and gas company). There is no additional ditching or dredging planned on the property, other than what has previously been permitted and what is anticipated for the final drainage plan. 12.Air Pollution Air pollution should not be a problem as well because ambient dust will be controlled with water during construction and all disturbed areas either have been planted in grass or will be planted in landscaping progressively as development occurs. Air pollution should be minimal during construction and after construction should not be a problem at all. 13.Solid Waste Solid waste will be addressed through weekly trash removal. Recycling of plastic and glass will be encouraged through the Homeowners Association effort. The waste removal will be coordinated through the Homeowners Association so that the number of trips and companies entering and leaving the property will be held to a minimum. Pick-ups will occur one day per week. 14.Wildlife Removal No wildlife should be removed as a result of the approval of this development. The construction of the lakes and the preservation of the St. Vrain River corridor has enhanced and encouraged additional wildlife to locate in the area. The waterfowl, which frequent the lakes (i.e. ducks, geese and pelicans), will continue to frequent the property even with development occurring. Additional fish and other aquatic life will occur through the stocking and preservation of fish in both lakes. 15.Natural Vegetation Removal There has been no proposal for the removal of the natural vegetation with any portion of this application. 16.Radiation/Radioactive Material There is no known radioactive material on the property and there is no radiation hazard known with this application. 17.Drinking Water Source The proposed drinking water source is two water districts serving both the north and south properties. The Little Thompson Water District will serve the 14 residences on the north and Central Weld Water District will serve the 26 residences on the south. Both districts are well managed and planned with chlorinated water distributed throughout its entire system, under pressure. No negative aspects of drinking are known to be associated with this application. Letters for commitment of service are attached in the Appendix. 18.Traffic Impacts The traffic impacts are expected to be very minimal and far less than any other urban development. The Applicant has obtained a traffic study from LSC Transportation Consultants, Inc., which is attached in the Appendix of this application. Subject to the asphalt paving of County Road 26, there are no major traffic intersection 6 improvements or widening of existing roads required with this proposal. Sec. 27-6-50. Component Two - service provision Impacts. A. Intent. The intent of Component Two is to ensure that service provisions to the site have been adequately planned for and are available to serve the site now and into the future. 1. Schools Attached is a copy of the School District Referral from the St. Vrain School District, provided in November 2000. 2. Law enforcement Law enforcement will be through the Weld County Sheriffs Department. Full access will be allowed at all times to the Weld County Sheriff. 3. Fire protection Fire protection will be provided by the Mountain View Fire Protection District. A regional substation is located one mile to the south at County Roads 13 and 24 where initial response would be originated. Future residents will be urged to participate and volunteer with the fire department and onsite fire protection will be provided through meeting the Uniform Building Code Requirement of Weld County and a fire distribution water system provided by each of the water districts. Hydrants will be located according to final engineering plans and all access roads will be asphalt-paved and accessible during all weather conditions. The applicant has met with the District and reviewed details of the plan. A letter summarizing their review is attached in the Appendix. 4. Ambulance Ambulance service is provided by the Weld County Ambulance Service Company. A telephone conversation with the company has indicated that no problems are anticipated with the proposed development. The closest medical emergency centers would be located to the west within the City of Longmont of to the south within the communities of Firestone, Dacono and Frederick. 5. Transportation (including circulation and roadways) - A description of the functional classification, width and structural capacity of the street and highway facilities, which provide access to the PUD Zone District. Two new roads will be constructed in order to serve the proposed lots of the PUD. Both the access road for the north parcel and the south parcel will be constructed of a 24-foot wide asphalt width constructed with a 12-inch roadbase section with 3 inches of asphalt on top. The barrow drainage ditches on both sides will serve to accommodate drainage runoff and provide a location for snow plowing. A detailed section drawing has been included on the Site Plan/Plat Map. Both roads are proposed to be privately owned and maintained by each respective Homeowners Association. The access points for both roads will come off of existing Weld County Roads. The north access road will enter off the west side of County Road 13 at the location as shown on the proposed Site Plan and terminate in a cul-de-sac. Emergency access to the north has been requested from two land owners which will be worked out prior to a Final Plan 7 Approval. The emergency access will be, at a minimum, an all- weather gravel road which will connect due north to County Road 28. With respect to the southern development, the development will end also in a cul-de-sac with emergency access out onto County Road 13. The primary access for the southern development will be off of one location located on the north side of County Road 26 as shown on the proposed Site Plan/Plat Map. 6. A traffic impact analysis prepared by a registered professional engineer competent in traffic engineering shall be provided by the developer, unless specifically waived by the Department of Public Works. The traffic analysis has been prepared by LSC Transportation Consultants, Inc. and is attached in the Appendix for review. No problems are anticipated with the development and the traffic analysis reflects that very minimal traffic numbers will be generated as a result of the proposed development. 7. Storm drainage - All development within a PUD Zone District shall adhere to the storm drainage design and technical criteria regulations in Section 24-7-130 of this Code. The historic stormwater drainage patterns and runoff amounts will be maintained. The developer will be required to submit a detailed engineering study, from a Colorado licensed engineer, that shows both the undeveloped and developed drainage patterns. The storm drainage plan and maps have been prepared by our civil engineer, Jim Blankenship with JIB Engineering Consultants, and is attached in the Appendix, as well. All historic storm water patterns will be respected and maintained. No change is anticipated with any historic patterns and, in fact, with a Homeowners Association responsible for maintenance and up keep of the lake and the open space areas, there will be an entity responsible to ensure that any future problems will be addressed on an annual basis. 8. Utility provisions- A description and statement from the representative of the provider of the utilities which demonstrates that there are adequate utility provisions available to serve the development. With respect to utility provisions, the following service providers have committed for service to the development. Electricity will be provided by United Power (see attached letter of commitment and service from Bill Meier); telephone service will be provided by service provider yet to be determined and a provider for Natural gas service is currently undesignated. The Developer is working on this service with a couple of natural gas providers. 9. Water provisions — A description of the water source and system and a statement from the representative of the provider of the water system, which demonstrates that the water supply quality and quantity are sufficient to meet the requirements of the uses within the PUD Zone District. Water will be provided by both Little Thompson Water District and Central Weld Water District. Letters of Commitment and Service have been provided by both districts and are attached to the Appendix of this Application. 10. Sewage disposal provisions - A description of the sewage disposal facility. If the facility is a public sewer system, a 8 statement from the representative of the provider of the sewer system utility which demonstrates that the disposal system will adequately serve the uses within the development. Sewage disposal will be provided by the St. Vrain Sanitation District and a contract for service for both the north area and the south area has been entered into by the District and the respective land owners. A copy of the Service Provision Agreements are attached for review. 11.Structural Road Improvements Plan. Adjacent roadways shall be designed to meet the full typical section specified in the County Transportation Plan and Chapter 24 of this Code. The adjacent roadways are sufficient to meet the full development of this proposal. No modification to adjacent roadways other than the paving of County Road 26 is anticipated or proposed with the development. Weld County is planning the construction of a new bridge over the St. Vrain River on County Road 13 this Fall. The owners gave additional right-of-way for this expansion at no cost to Weld County. Copies of the Deeds are attached in the Appendix. Sec. 27-6-60. Component Three — landscaping elements. A. Intent. The Intent of the landscape plan is to ensure that the landscaping and aesthetics of the site are compatible to that of surrounding land and that the site will provide and maintain an increased sense of place for those inside of the development. ^ 1. A landscape plan in accordance with Section 27-9-30 of this chapter. Due to the sand and gravel mining on the property, the State of Colorado Mined Land Reclamation Division required a reclamation and landscaping plan. The operator of the gravel extraction operation is Goose Haven Sand & Gravel and is responsible for also implementing the landscape plan. A copy of the approved plan is reduced and included in the Appendix. 2. A statement which described any proposed treatment, buffering or screening between uses, buildings or structures In order to achieve compatibility, and a statement which describes the proposed treatment of the perimeter of the PUD, including materials and techniques used, such as screens, fences, walls, berms and other landscaping. The goal of the Landscape Plan was to preserve the open-country feeling with views of the Rocky Mountains and the lakes and the St. Vrain River corridor. In addition, the Developer has constructed a berm along County Road 13 on the south area and a small berm at the entrance off of County Road 26 in order to screen County Roads. The Developer will be responsible for planting trees along and on both berms. On each lot, each lot owner will be responsible for constructing and installing their own landscaping pursuant to an approved plan by the Architecture Review Committee. The landscaping requirements, at a minimum, will require a certain percentage of landscaping on each lot that must be selected from the approved plant list which is attached to the Covenants. Street trees consisting of either Ash or Locust trees will be planted on each lot a maximum distance of 40 feet apart so that when accessing 9 either development, north or south area, the roadways will be tree- lined. Screen walls, fences and other walls will be discouraged and privacy fences will only be allowed adjacent to patios or houses for pools or privacy screening. Fences between lots will not be allowed and each lot will be responsible for installing invisible wire for containment of animals and pets. The existing barbed wire fence around the perimeter of the property will remain. 3. A maintenance schedule for all landscaping elements on site, delineating the care, management and maintenance of the proposed landscaping. The Covenants will require regular maintenance on each lot and Homeowners Association will be responsible for maintaining all common areas. All common areas will be planted with drought- resistant non-irrigated dryland grass and will be allowed to be in as much a natural condition as possible. Considering the recent drought conditions of Colorado, this item is more important than ever before to ensure that drought-resistant plants and grasses are installed and maintained. The amount of landscaping that will be maintained on each lot will be carefully planned and situated in such a way to encourage maximum use of the limited water resources. The irrigation of all trees and shrubs will be on drip lines and limited spray irrigation of grass will be encouraged. Drought tolerant grasses (Fescue, Brome, Buffalo, etc.) will also be required. 4. A proposed on-site improvements agreement for the proposed landscaping shall be submitted to the Department of Planning Services. An on-site improvements agreement will be submitted during the review of this PUD by the Department of Planning Services. 5. The applicant shall submit evidence that there is adequate water to sustain and maintain the landscaping proposed in the landscape plan. The letters from both the water districts sufficiently document that adequate water is available to maintain the landscaping on each lot. The residences will not exceed typical single-family landscaping requirements. The existing water tap on the south area, which has been used to provide water to the existing homestead, will be relocated to serve the landscaping which is proposed at the entrance to the development, off of County Road 26. Sec. 27-6-70. Component Four — site design. A. Intent. The intent of Component Four is to ensure that the PUD is established with consideration to the site's advantages and limitations, as well as the capability of the development to adjacent sites. The design of the site should consider all existing features, both natural and man-made, to determine those inherent qualities that give the site and the surrounding area its character. 1. A statement describing any features unique to the site, such as topography and irrigation ditches. There are several features that are very unique to the site. Bisecting the property from west to east to the St. Vrain River which creates a north and south area to the property. The north area has an existing lake that is being re-excavated and will be approximately 55 acres 10 eiN when complete. Existing wetlands have been preserved and a natural wildlife area adjacent to the river has been preserved. The north area where the homesites are proposed has a very dramatic hillside and view to the south and west. Both of those views will be preserved an established and the 14 new homesites will be able to enjoy the views with frontage on the lake to the south. With the south areas, the existing lake has provided bays and a large water surface which will provide direct frontage for all 26 lots onto the lake. views of the mountains will be preserved and all lots will have a dramatic feel with lawns going from the residences down to the water. With the berms that are constructed along County Road 13 and at the entrance, there will be undulating topography which will provide screening and relief for the visual presentation of the development itself. The existing Rural ditch wastewater which runs along the west boundary of the south area has been preserved and remains untouched and the irrigation lateral for Rural ditch water which runs along the south boundary of the south area has also been preserved and will remain untouched. 2. A statement which demonstrates how the proposed PUD rezoning is consistent with the goals and policies of Chapter 22 of this Code. Chapter 22 of the Weld County Code addresses the provisions and categories of the Comprehensive Plan. This proposed PUD rezoning is consistent with the goals and policies of Chapter 22 in the following ways: a. Pelican Shores is planned as a unified and integrated whole project. b. weld County citizens will benefit as a result of the efficient use of land and a greater provision of open space and improved aesthetics. c. The goals are being met with adequate public services and facilities which are currently available. d. The design of the PUD insures compatibility and harmony with existing and planned uses on adjacent properties as virtually all of the neighborhood is either residential and/or farm land. e. The Pelican Shores Plan provides for perpetual maintenance of all common area and preservation of the same. f. The entire PUD will be paid for by the Developer and its residents with no request for public funding assistance. 3. A statement which demonstrates how the uses allowed by the proposed PUD rezoning will be compatible with the PUD Zone District. In addition, a detailed description of how any conflicts between land uses within the PUD Zone District are being avoided or mitigated and can comply with the performance standards. The uses of the proposed PUD rezoning are compatible with the PUD Zone as the PUD Zone is requesting a residential and open space recreational use of the lakes. The residences will be one house per lot of single-family use and the lakes will be used for recreation and owned and managed by the Homeowners Association which will be comprised of the future lot owners. There should not be any conflicts between these land uses or with the adjacent neighborhood as all of the neighborhood is currently either agriculture or residential. 11 �— 4. A statement which demonstrates how the uses allowed by the proposed PUD rezoning will be compatible with land uses surrounding the PUD zone District, including a detailed description of how any conflicts between land uses surrounding the PUD zone District will be avoided or mitigated. There should not be any conflicts with the adjacent land uses as they are all either agriculture or residential and will be very compatible with the residential uses proposed with this development. 5. If the proposed change of zone is located within a Flood Hazard, Geologic Hazard or Airport Overlay District, as Identified by maps officially adopted by the County, the applicant shall submit information which documents how the applicant intends to meet the requirements of the County Supplementary Regulations concerning floodplain and/or floodway, geological hazard and/or airport overlay districts. The proposed change of zone is within St. Vrain River flood hazard zone as identified by the Weld County maps. However, a flood study reflecting current conditions has been prepared by Ayres and Associates and is being reviewed by Weld County and Federal government officials. The Applicant is proposing to amend the flood hazard map to reflect findings of the study and the most current information which Ayres and Associates has presented in their report. All lots are out of the flood plain as identified in the Ayres report and a FEMA Map Amendment will be processed simultaneous with this application. There are no other geologic hazard or airport overlay districts which are known to be affected with this development. Sec. 27-6-80. Component Five - common open space usage. A. Intent. Common open space is an essential community asset and an important component of a development's design. Common open space attempts to preserve ecologically important environments, provides attractive views and space for recreational activities and buffers the development from other land uses. The intent of Component Five is to ensure that each development provides an appropriate amount and type of open space within the site. 1. Common open space restrictions will be permanent and not for a period of years. The open space of the existing lakes, the St. Vrain River and the land around the lakes that is designated as open space on the Plat Map will remain permanent and is not proposed to expire. 2. The homeowners organization will be established before any residences are sold. The Homeowners Association will be created and established for the north area for Lots 1 through 14 and a second association will be created for the southern area for Lots 1 through 26. The Homeowners Association will be conveyed the open space areas and each lot, by virtue of its ownership, will have an undivided interest in the Homeowners Association and the open space. The Homeowners Associations will be created with Articles of Organization under the State of Colorado and will be non-profit Colorado corporations. The conveyance of the open space to each association will occur 12 simultaneous with the recording of the final plat and will precede any lot sales. 3. Membership in the organization is mandatory for each residence owner. Membership in each respective Homeowners Association will be mandatory and will be included in the conveyance of each lot. By virtue of recording the Covenants, prior to the conveyance of any lot, the responsibility of inclusion into each association will be mandatory. 4. The homeowners organization is responsible for liability insurance, taxes and maintenance of open space and recreational and other facilities. The Homeowners Association will be responsible for an annual assessment to fund a number of necessary items. Those items include liability insurance, taxes to Weld County and maintenance of the open space and recreational facilities. A preliminary budget for the Homeowners Association has been included for review. 5. The organization will have the power to levy assessments which can become a lien on individual premises for the purpose of applying the cost of operating and maintaining common facilities. The Homeowners Association will have the power to levy assessments which is provided in the restrictive land use covenants. 6. If the organization established to own and maintain common open space, or any successor organization fails to maintain the common open space in reasonable order and condition in accordance with the approved PUD final plan, the following action may be taken: The Restrictive Covenants have been drafted with provisions allowing the Weld County Commissioners to enforce maintenance and levy assessments onto the owners of the property. a. The cost of such maintenance by the Board of County Commissioners shall be paid by the owners of the properties within the PUD that have a right of employment of the common open space, and any unpaid assessments shall become a tax lien on said properties, pursuant to Section 24-67-105, C.R.S. b. If the deficiencies set forth in the original notice or in the modifications thereof are not rectified within thirty (30) days or any extension thereof, the Board of County Commissioners, In order to preserve the values of the properties within the PUD and to prevent the common open space from becoming a public nuisance, may enter upon said common open space and maintain the same for a period of one (1) year. These requirements have been added as Section 8 in Article V of the Restrictive Covenants. 7. All PUDs containing a residential element shall provide for a fifteen percent (15%) common open space allocation, unless otherwise stated in Chapter 26 of this Code. Departure from this standard will be considered and may be approved by the Department of Planning services staff as long as the intent of this Chapter and Chapter 26 have been met. 13 e-.. This proposed development far exceeds the minimum of fifteen percent (15%) common open space as indicated in the Weld County Regulations. The open space that will be owned by the two Homeowners Associations of the entire property is 193 acres (80%) and only 47 acres (20%) of the total acreage will be developed. 8. All PUDs may apply for a greater density and have reduced common open space when applying the cash-in-lieu alternative listed herein. This proposed PUD is not applying for any greater density or reduction of common open space. Sec. 27-6-90. Component Six - signage. B. Intent. Signage has become an increasing issue In the county. While signs serve as important directional, informational and advertising tools, the clustering of signs may obscure the landscape and confuse and distract driven. The following signage controls are intended to protect and preserve the visual corridors of the roadways within the County while preventing the obstruction of traffic visibility and confusion from improperly placed and designed signs. These provisions control the magnitude, placement and number of signs in the PUD zone District. C. Not utilized. D. Sign District Regulations. 1. Signage within a PUD shall adhere to all requirements in this Chapter and Chapters 23 and 26 of this Code, if applicable. All signage of the PUD shall adhere to the requirements of this Chapter as well as Chapters 23 and 26 of the Weld County Code. Only subdivision identification signs are requested on the intersection of County Roads 13 and 26, at the entrance to the subdivision off of County Road 26 and, for the north area, at the intersection of the access road with County Road 13. All three signs will not exceed 32 square feet each and a total of 96 square feet is request to be approved as part of this PUD approval. Within the development, only regulatory signs for speed limit and open space identification, etc. will be requested. 2. No sign shall be erected, enlarged, constructed, reconstructed, relocated, refaced, structurally or otherwise altered in the MUD area without first obtaining a building permit from the Department of Planning Services. Building permits will be obtained for all signs requested to ensure that they meet the requirements of the PUD. 3. No sign shall be erected at or near the intersection of any road or driveway in such a manner as to obstruct free and clear vision of motorists or at any location where, by reason of the position, shape or color, it may interfere with, obstruct the view of or be confused with any authorized traffic sign, signal or device. All signs will be constructed will be situated so as not to interfere with sight distance at any of the intersections. They also will not interfere or obstruct view or be confused with any other traffic sign, signal or device. 14 4. No sign other than traffic control signs except as expressly allowed by state statute and permitted by the Colorado Department of Transportation shall be erected, constructed or maintained within, over or upon the right-of-way of any County, state or federal road or highway within the County. No signs other than the traffic control signs, as required, will be constructed around the perimeter of the development. 5. All signs and components, including supports, braces and anchors, shall be of sound structural quality and shall be kept In a state of good repair with a clean and neat appearance throughout the County. All signs and their components will be kept in good repair and in a clean and neat appearance, and maintained by the Homeowners Associations. E. Sign Construction Standards. 1. All letters, figures, characters or representations maintained in conjunction with, attached to or superimposed upon any sign shall be safely and securely built or attached to the sign structure. All of the requirements of this section shall be met with the sign construction. 2. Any operable or removable parts of a sign such as a service opening cover or changeable mechanically affixed lettering, logo, insignia or message shall be securely fastened or be provided with safety chains or hinges. Any operable or removable parts of a sign shall be mechanically fastened to be secure and safe. 3. Signs shall be constructed to prevent potential hazards to the public. Proper design shall be incorporated to ensure that there are not potential hazards to the public. 4. All permanent signs and sign structures in the County shall be designed and constructed in accordance with the Uniform Building Code quality standards as adopted by the County. All electrically illuminated signs shall be designed and constructed to conform with the electrical code as adopted by the County. All signs and sign structures shall be also designed and constructed to comply with the design standards set forth in this Chapter. All signs shall be constructed to meet the Uniform Building Code standards of the County. Any of the signs that are electrical- illuminated shall also meet the electrical code as adopted by the county. F. Design Provisions and Requirements for Signs in the PUD zone District. 1. The owner, or applicant as agent for the owner, shall prepare a set of sign standards for all signs In the development. Such standards shall be included as part of any site plan and included In the covenants approved for the PUD. The size, colors, materials, styles or lettering, appearance of any logo, 15 r type of illumination and location shall be set out in such standards. The residential lots will be prohibited from having any signage except for the identification of the address and the name of the resident and other than the three subdivision identification signs and regulatory traffic signs and identification of open space signs, no other signs will be permitted within the development. The size colors and materials shall all be reviewed by the Architectural Review Committee and shall not exceed the limitations as itemized in this section. 2. The standards shall be such that signs constructed or maintained under the standards will comply with the sign regulations of the county in the PUD Zone District, and shall be for the purpose of assuring harmony and visual quality throughout a project. The standards of the County and the PUD zone shall be met with all signs and shall assure harmony and visual quality throughout the Pelican Shores PUD. Sec. 27-6-100. Component Seven - MUD impact. A. Intent. The MUD area has been developed to provide high quality development in an urban corridor area with the County and therefore, development in the MUD area Is driven by the intensity of the use and the impacts of the use on adjoining neighbors and the community. The proposed PUD Zone should ensure that high quality development will occur within the MUD area. No negative impacts are anticipated with the development and it is anticipated that the Pelican Shores PUD will provide a high quality use and development for the east end of the I-25 MUD area. The value and effect on adjacent neighbors and the community should be very positive. Sec. 27-6-110. Component Eight — intergovernmental agreement impacts. A. Intent. Efficient an orderly land development directs PUD developments to locate where urban services exist or can more easily be provided, such as in close proximity to municipalities and within the MUD area. Currently, the County and many municipalities are cooperating in Joint planning efforts to achieve a consistent vision for land surrounding municipal boundaries. This coordination is achieved through intergovernmental agreements. There are no intergovernmental agreements, which will be Impacted with the proposed development. There are intergovernmental agreements between Weld County and the Tri-Cities area that affect land to the south of the proposed PUD and do not affect the land that is located north of County Road 26. 16 Restrictive Land Use Covenants Note: Following is a draft of Restrictive Covenants for Lots 1 through 26 of Block 1 (the South development area). The Covenants for Lots 1 through 14, Block 2 (the north development area) are intentionally not included in order to save paper. They will be substantially the same as those for Block 1 and will be provided at the lime of the final recording of all documents. 1 ,-1 DECLARATION OF COVENANTS CONDITIONS AND RESTRICTIONS OF LOTS 1 - 26, BLOCK 1 CALLED PELICAN SHORES PUD, A RESIDENTIAL WATERFRONT DEVELOPMENT IN THE COUNTY OF WELD, STATE OF COLORADO THIS DECLARATION, made this day of , 2002, by RIVER RUNS THROUGH IT, LLC, hereinafter referred to as "Declarant." WITNESSETH: WHEREAS, Declarant is the owner of the real property described in Article I of this Declaration and desires to create thereon a community with common covenants, conditions and restrictions for the benefit of the said development; and WHEREAS, the real property described in Article I comprises of twenty six (26) lots which have been created by the County of Weld on , 2002 which lots were created by a Subdivision Approval and are hereinafter referred to as Pelican Shores PUD. WHEREAS, Declarant desires to impose upon the above-described property the following covenants so as to insure the proper use and the appropriate development, improvement and maintenance of said property. WHEREAS, Declarant desires to provide for the preservation of the values and amenities in said development; and, to this end, desires to subject the real property described in Article I to the covenants, restrictions, easements, charges and liens hereinafter set forth, each and all of which is and are for the benefit of said property and each owner thereof; WHEREAS, Declarant has deemed it desirable, for the efficient preservation of the values and amenities in said community, to create an association to which should be delegated and assigned the powers of administering and enforcing the covenants and restrictions and collecting and disbursing the assessments and charges hereinafter created; and WHEREAS, Declarant has deemed it desirable, for the efficient preservation of the values and amenities in said development, to create an agency for the benefit of Pelican Shores PUD property owners to which should be delegated and assigned the power of administering and enforcing the covenants and restriction and collecting and disbursing the assessments and charges hereinafter created; and; WHEREAS, Declarant has incorporated under the laws of the State of Colorado, as a non- profit corporation, Pelican Shores Homeowners Association, for the purpose of exercising the functions aforesaid; NOW THEREFORE, the Declarant declares that the real property described in Article I is and shall be held, transferred, sold, conveyed and occupied subject to the covenants, restrictions, easements, charges and liens (sometimes referred to as "covenants and restrictions") hereinafter set forth, all of which shall be covenants running with the land described herein and shall be binding on all parties having any right, tide or interest in the described properties or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. 2 ARTICLE I Property Subject to this Declaration Section 1. The Property. The real property which is, and shall be, held, transferred, sold, conveyed, and occupied subject to this Declaration is located in the County of Weld, State of Colorado, and is more particularly described as follows: Lots 1-26 and Outlot A, Block 1 Pelican Shores PUD, a Subdivision in the, County of Weld, State of Colorado, which are described on the Pelican Shores PUD perimeter legal description incorporated herein and attached hereto as Exhibit "A", Page 1 of 3 and the Pelican Shores PUD Plat Maps which are reduced and incorporated herein and attached hereto as Exhibit"A", Pages 2 and 3. all of which real property shall hereinafter be referred to as "the property" or "the lots". The Association shall mean Pelican Shores Homeowners Association, a Colorado non-profit corporation, the members of which are theresaid owners of Lots 1 —26, Block 1. ARTICLE II Membership and Voting Rights in the Association Section 1. Membership. Every person or entity who is a record owner of a fee or undivided fee interest in any land or living unit which is or may be subject by covenants of record to assessment by the Association shall be a member of the Association, provided that any such person or entity who holds such interest merely as a security for the performance of an obligation shall not be a member. Each member shall have one vote for each lot within Pelican Shores PUD. ARTICLE III Architectural Control Section 1. Architectural Control. Before anyone shall commence any landscaping or the construction, reconstruction, remodeling, addition to, or alteration of any building, fence, or any structure whatsoever, or any lot, there shall be submitted to the Architectural Control Committee (herein referred to as the "Committee") two complete sets of plans and specifications for said improvements, the erection or alteration of which is desired. No such structure or improvement of any kind shall be erected, altered, placed or maintained upon any lot unless and until the final plans, elevations, and specifications therefor have received written approval as herein provided. Such plans shall include lot plans, locations of structures and improvements, floor plans, elevations, fence plans, landscaping, showing all aspects of occupancy and development of lot as an architectural unit, together with the proposed color scheme and materials for fences, roofs, and exteriors. In order to avoid unnecessary hardships, it is mandatory that all owners contemplating such construction, or alteration, as mentioned above, shall submit preliminary drawings in duplicate of such work to the Committee in order to obtain tentative action thereon before causing the preparation of detailed or complete drawings, plans or specifications or incurring substantial expense. One set of said plans and specifications and details, with the approval or disapproval of said plans and specifications and details, with the approval or disapproval endorsed thereon, shall be returned to the person submitting same within thirty (30) days and the other copy thereof shall be retained by the Committee. 3 The Committee shall have the right to disapprove any such plans or specifications or grading or landscaping plans which are not suitable or desirable in the Committee's opinion, and in passing upon such plans, specifications, grading or landscaping plans, the Committee shall take into consideration this suitability of the proposed building or other structure and of the materials of which it is to be built, the color scheme, the site upon which it is proposed to erect the same, the harmony thereof with the surroundings, the topography of the land and the effect of the building or other structure or landscaping as planned on the outlook from the adjacent or neighboring property, and if in accordance with all of the provisions of this Declaration. The Committee may disapprove if the plans and specifications submitted are incomplete, or in the event the Committee deems the plans, specifications or details or any part thereof to be contrary to the spirit or intent of these conditions and restrictions. The decisions of the Committee shall be final. Neither the undersigned nor any architect or agent of the undersigned nor any member of the Committee by virtue of his or her membership thereon on discharge of his or her duties required thereby shall be responsible in any way for any defects in any plans or specifications submitted, revised or approved in accordance with the foregoing, nor for any structural or other defects in any work done according to such plans or specifications. No building or improvements of any kind constructed or placed upon any of said lots thereafter shall be moved without the prior written approval of the Committee. In the event the Committee fails to approve or disapprove within thirty (30) days after plans and specifications have been submitted to it, or in any event, if no suit to enjoin the construction has been commenced within one year from the commencement of construction approval will not be required and there will be deemed to have been full compliance with the related covenants. Section 2. Architectural Control Committee. The Committee shall consist of three (3) lot owners within the Association. The members of the Committee shall, as long as the restrictions, covenants, and conditions herein set forth are in force and effect, perform the duties imposed on it as herein set forth. Neither the members of the Committee, nor its designated representatives, shall be entitled to any compensation for services performed pursuant to this Declaration. ARTICLE IV Land Use Restrictions and Standards Section 1. Land Use, Building Type and Height Limitation. All buildings constructed on the lots shall be used for residential purposes only as approved by the County of Weld. No structure shall be erected on any part of the properties which is not compatible with the character, quality and amenities associated with the development and approved in writing by the Committee in accordance with Article III. All new structures will be located within the building envelopes shown on the approved Site Plan (Exhibit "B"). The total square footage of any dwelling will have no less than 3,000 square feet and will not exceed a maximum of 6,000 square feet above grade, and the highest point of any residence shall not exceed thirty-five (35) feet in height as shown on the Site Plan. The project elevation benchmark shall be the existing survey monument (1 1/2 ^ plastic cap) which is elevation and is located in the intersection of County Roads 13 and 26. All accessory buildings and structures, shall be subject to the same architectural control as a principal structure and, where applicable, all accessory buildings and structures shall be constructed out of the same material as the principal structure on said lot. All fencing must be approved by the Committee prior to installation. Section 2. Land Use Regulation. All uses must conform to those uses itemized in the County of Weld Zoning and Development regulations. All lots are subject to those notes and site specific conditions which are listed on said approved Site Plan which is incorporated and referenced herein and attached hereto as Exhibit "B". No business or profession of any nature 4 shall be conducted on any lots or in any building constructed thereon unless said business or profession is expressly allowed as a home occupation. Section 3. Building. a) The Committee shall approve the location and height of any structure placed on any lot. Such approval must be obtained before commencement of any construction or alteration in accordance with Article II. All buildings must be located within each lot and within the designated building envelope and meet the required setback requirements of the County of Weld Zoning regulations. All lots must access their development through the access road entitled Pelican Shores Drive as shown on Exhibit "A". The maximum height limitation for all structures and any outbuildings shall be 35 feet. The height limitation for all lots shall be measured according to Weld County Regulations. All dwellings and principal structures shall be constructed within the approved building envelope area as designated on the attached Exhibit. b) All buildings shall be constructed in compliance with the Uniform Building Code, latest edition, published by the International Conference of Building Officials. c) Any building erected on the premises shall be designed by a licensed architect or engineer who shall consult in advance with the Committee as to matters of site planning, exterior materials and colors, signage and landscaping. d) Dwelling size. Every principal residence constructed on a lot shall have not less than three thousand (3,000) square feet of floor area devoted to living purposes (exclusive of roofed or unroofed porches, terraces, or garages) and shall have a garage of sufficient size to house not less than two (2) cars; further, each such residence shall provide for hard-surfaced or approved rock driveway and off- street parking for at least two (2) cars, excluding the space in the garage. e) No buildings or other structures, or combination of buildings or structures, shall be erected, altered, placed or maintained on the premises which shall occupy more than 20% of the land area of a lot. The combined area of the buildings, structures, and parking areas on a lot shall not exceed 30% of the area of that lot. All outbuildings, sheds, etc., shall utilize similar materials and color as the residence. f) No heating, air conditioning, electrical or other equipment shall be installed on the roof of any building or structure or hung on exterior walls unless the same is screened, covered and installed in a manner which shall first have been approved in writing by the Committee. g) During construction, all building sites shall be kept cleaned up on a daily basis, and all trash, rubbish, and debris removed therefrom after any construction work is done thereon. h) Materials. All exterior wall materials shall be subject to approval by the Committee as required elsewhere in these covenants. i) Paint. Exterior walls shall have an exterior surface acceptable to the Committee. Colors and finish shall harmonize with the natural surroundings. Section 4. Access and Street Parking. No parking shall be permitted on the common access road entitled Pelican Shores Drive as designated on Exhibit "A". The only exception to parking on Pelican Shores Court shall be for temporary guest parking. All lots must access Pelican Shores PUD from County Road 26. No parking shall be permitted on County Road 26 or County Road 13. The Pelican Shores Homeowners Association shall be responsible for its own maintenance of Pelican Shores Drive. An annual assessment will be levied and collected from each lot owner by the Association for the proportionate costs for the use and maintenance of Pelican Shores Drive. 5 Section 5. Landscaping, Outside Storage, Maintenance and Fences. a) Building sites shall be landscaped in accordance with a plan submitted to and approved in writing by the Committee. In all cases, landscaping must meet the County of Weld standards. Such landscaping shall include ground cover, planting of trees, shrubs and other customary landscape treatment for the entire site, including adequate screening of parking and outdoor storage areas. All trailers, boats and recreational vehicles must be completely contained within a structure. b) The landscape development, having once been installed, shall be maintained in a neat and adequate manner which shall include lawns mowed, hedges trimmed, irrigation when needed, and removal of weeds from planted areas. All lots will be responsible for mowing all grasses and weeds at least four times per year for any land adjacent to its lot between the lot lines. Each lot owner shall be responsible for eliminating all noxious weeds, including thistle. c) The approved plan for landscaping the site may not be altered without submitting the revised plan for written approval of the Committee. d) Each Owner and tenant shall keep its premises, buildings, improvements and appurtenances in a safe, clean, neat, wholesome condition, and shall comply in all respects with all government, health, and police requirements. Each owner and tenant shall remove at its own expense any rubbish or trash of any character which may accumulate on its property and shall keep unlandscaped areas mowed. Rubbish and trash shall not be disposed of on the premises by burning in open fires or incinerators. e) The style of any fence, including the materials to be used and the height of the fence, shall be approved by the Committee. Section 6. Utilities and Miscellaneous Provisions. All electrical and telephone connections and installations of wires to buildings shall be made underground from the nearest available power source. No transformer, electric, gas or other meter of any type or other apparatus shall be located on any power pole nor hung on the outside of any building, but the same shall be placed on or below the surface of the land, and where placed on the surface shall be adequately screened and fenced, and all such installations shall be subject to the prior written approval of the Committee. Television and satellite antennae shall not exceed 24" in diameter and shall be concealed from the view of Pelican Shores Drive, County Roads 13 and 26 and adjacent lots. Insect zappers are expressly prohibited. Section 7. Mailboxes, Newspaper Boxes and Signs. No sign may exceed 24" x 24" in outside dimensions or be placed upon the property without prior approval of the Committee. All mailboxes and newspaper boxes prior to their placement on the property, must receive the approval of the Committee. Section 8. Easements and Rights-of-Way. Easements and rights-of-way in perpetuity are hereby reserved for surface or subsurface drainage purposes and for the erection, construction maintenance and operation of underground wires, cable, pipes, tile lines, conduits and apparatus for the transmission of electrical energy, for telephone and television lines and for the furnishing of water, gas, sewer service or for the furnishing of other utility purposes, together with the right of entry for the purpose of installing, maintaining, and reading gas, electric and water meters, under, along, across, upon and through strips of land shown as easements on the attached plat map, Exhibit "A" and as designated on each lot. Section 9. Required Lighting. All lighting shall be subject to review by the Committee. The objective in the lighting design shall be to direct light up or down and not toward adjacent lots. Each residence shall provide and maintain at least one electric light post at or near the common access road property line, which said light shall be operated and lighted by a photoelectric cell or 6 other automatic device so that it will be lighted automatically during hours of darkness. The design of the light post and the amount of light emitted therefrom shall be approved by the Committee. No freestanding lighting shall exceed eight (8) feet in height. Section 10. Animals and Pets. No horses, cattle, sheep, goats, pigs, rabbits, poultry, or other animals of any description shall be kept or maintained on any part of said lot except that residents may keep dogs, cats, or other animals which are bona fide household pets so long as such pets total no more than two (2) and are not kept for breeding or commercial purposes and do not make objectionable noises or otherwise constitute a nuisance or inconvenience to any of the residents of adjacent property. All pets must be either confined to their owner's property, or be on a leash when walking on Outlot A. Section 11. Domestic Water Service. Domestic water service is provided by the Central Weld Water District. All property within this development is subject to the terms and conditions of that District's Service regulations. It is agreed that the landscaping adjacent to Outlot A, shall be irrigated from an existing water tap on Outlot A. Said water shall be separately metered and the Pelican Shores Homeowners Association shall pay for all the water used. Each lot owner shall be responsible for payment of its own monthly bill. Section 12. Sewage Disposal. Sewage disposal for each lot will be provided by service from the St. Vrain Sanitation District. The Declarant shall be responsible for installing the collection lines from each lot to the main collection lines to the existing sewage treatment plant. Said lines will be installed according to engineering plans prepared by the Declarant and approved by the St. Vrain Sanitation District. Each lot owner shall be responsible for payment of its own monthly bill. Section 13. Rules and regulations for construction. During any construction in Pelican Shores PUD, the following rules and regulations shall apply: a) No temporary structures, including construction trailers or other temporary office or sales facilities, shall be placed or maintained on Pelican Shores PUD, except for one construction trailer per lot that is under construction. b) Pelican Shores PUD shall be kept free of weeds and debris, and all scrap materials generated by the construction activities shall be removed as soon as reasonable. c) Declarant shall maintain a concrete wash-out site on Pelican Shores PUD and shall not wash trucks or equipment on any other property within the Pelican Shores PUD. Declarant shall provide at least one covered trash enclosure within Pelican Shores PUD. All debris will be placed in one of these enclosures at the end of each day. d) Declarant shall take such action as may be prudent and use reasonable efforts to employ all commercially reasonable methods, equipment, techniques and activities to control ambient dust and the accumulation of dust on Pelican Shores PUD or dispersion of dust from Pelican Shores PUD; and e) Declarant shall take such action as may be prudent and use reasonable efforts to abate noise, and to mitigate and abate noise pollution consistent with the construction of roads, houses and installation of utilities. Section 14. No dischgrye of firearms or fireworks and no open fires. No firearms shall be discharged in Pelican Shores PUD, no fireworks shall be set off and no open fires shall be lit or permitted in Pelican Shores PUD, except in a contained barbecue unit while attended and in use for cooking purposes or within an interior or exterior fireplace. Section 15. Restoration of damaged or destroyed improvement. If at any time commencing during or after Declarant's construction of any improvement within the Pelican 7 Shores PUD, such improvements or project are destroyed by fire or other casualty, Declarant shall, not later than one year after occurrence of damage or destruction, commence to repair or restore the same and diligently complete the repair or restoration thereof no later than two years from the date of the occurrence of such damage or destruction. Section 16. Variances. The Committee may grant reasonable variances or adjustments of these conditions and restrictions in order to overcome practical difficulties and prevent unnecessary hardships arising by reason of the application of the restrictions contained herein. Such variances or adjustments shall be granted only in case the granting thereof shall not be materially detrimental or injurious to other property or improvements in the development and shall not mitigate against the general intent and purposes hereof Section 17. Waiver of Liability. Neither the Committee, nor any member, employee or agent thereof shall be liable to any owner or tenant or to anyone submitting plans for approval, or to any other party by reason of mistake in judgment, negligence, or non-feasance, arising out of or in connection with the approval, disapproval or failure to approve any such plans or for any other action in connection with its or their duties hereunder. Likewise, anyone so submitting plans to the Committee for approval, by submitting such plans, and any person when he, she or it becomes an owner or tenant, agrees that he, she or it will not bring any action or suit to recover any damages against the Committee, or any member, employee or agent of said Committee. Section 18. Notice of Soil Conditions and Groundwater. All lot owners are hereby placed on notice that prior to any building or structure construction a groundwater investigation and report shall first be conducted, by a registered professional engineer, in order to determine the existing conditions, the suitability and appropriateness, together with recommendations for construction. There exists a high water level, which allows the waterfront uses. Declarant assumes no liability for construction. Owners, by virtue of a lot purchase, shall assume all liability. ARTICLE V COVENANT FOR ASSESSMENTS Section 1. Creation of the Lien and Personal Obligation of Assessments. The Declarant, for each lot, hereby covenants, and each owner of any lot by acceptance of a deed or other conveyance, shall be deemed to covenant and agree to pay the Association: (1) annual assessments or charges, which are payable in an annual payment; (2) special assessments for capital improvements, such assessments to be fixed, established, and collected from time to time as hereinafter provided. The annual and special assessments on each lot, together with such interest thereon and costs of collection thereof as hereinafter provided, shall be a charge on the real property and interest therein which comprise that lot and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with such interest thereon and cost of collection thereof as hereinafter provided, shall also be the personal obligations of the person who was the owner of such property at the time when the assessment came due. The maximum amount of the annual assessment for the first year shall not exceed $2,000 per lot. Section 2. Purpose of Assessments. The assessments levied by the Association through its Association shall be used exclusively for the purpose of promoting the health, safety, and welfare of the residents in the properties, the maintenance and upkeep of the common access road designated as Pelican Shores Drive, entrance signage, lighting, landscaping, snow removal, annual or monthly assessment for water service from the Central Weld Water District, surface irrigation water distribution systems, lake and open maintenance, fish stocking, as hereinafter set forth, and in particular, for the enforcement of the covenants and restrictions contained herein, all types of 8 insurance and premiums deemed necessary by the Association, and legal and accounting fees and costs associated with activities of the Association. Section 3. Assessments at time of Purchase. At the time of purchase from the Declarant, each lot shall be assessed an assessment for the calendar year in which its purchase takes place, based upon estimated costs and expenses as deemed necessary by the Association. Each calendar year subsequent to the year of transfer by the Declarant, the assessment shall be fixed, established and collected from time to time, as hereinafter provided. a) From and after the transfer of a lot by the Declarant, the annual assessment may be increased each year for the lots, transferred not more than twelve percent (12%) above the assessment for the previous year without a vote of the membership. b) From and after the transfer of a lot, the annual assessment for each lot transferred, may be increased above twelve percent (12%) by vote of fifty percent (50%) of the members who are voting in person or by proxy, at a meeting duly called for this purpose. c) The Association shall, after consideration of current maintenance costs and future needs of the Association, fix the actual assessment for any year. d) Nothing herein shall prevent the Association from collecting the annual assessment on a monthly basis. Section 4. Special Assessments for Capital Improvements. In addition to the annual assessments authorized by Section 3 hereof, the Association may levy a special assessment, applicable to such years as are described in the resolution authorizing the assessment, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, repair or replacement of a described capital improvement upon the common property, including the necessary fixtures and personal property related thereto, provided that a resolution establishing any such assessment shall have the assent of fifty percent (50%) of the votes of the members who are voting in person or by proxy at a meeting duly called for this purpose, written notice of which shall be sent to all members at least thirty (30) days in advance, which written notice shall set forth the purpose of the meeting. All or any part of the proceeds of any special assessment made as above provided, for the entire period over which the assessment is to be levied, or any part thereof, may be assigned to a lender as security for repayment of a loan or loans made to pay, in whole or in part, the expenditure for which the special assessment was authorized. The rights granted to the lender under such assignment may include the right to require the Association to collect the special assessments. Any such assignments of the proceeds of any special assessment shall require approval by vote in the same manner as the special assessment itself. Section 5. Date of Commencement of Assessments; Due Dates. The annual assessments provided for herein shall commence on the date (which shall be the first day of a month) fixed by the Association to be the date of commencement. The first annual assessment shall be made before the balance of the calendar year and shall become due and payable on the first day of March of said year. However, nothing herein shall prevent the Association from making one-twelfth (1/12) of each annual assessment due on a day each month fixed by the Association. The amount of assessment for each lot, in the year of transfer from the Declarant to the new owner shall not be prorated. The due date for any special assessment under Section 4 hereof shall be fixed in the resolution authorizing such assessment. 9 Written notice shall of the assessment shall thereupon be sent to every owner subject thereto. The Association shall, upon demand at any time, furnish to any owner liable for said assessment or any mortgagee or potential mortgagee or purchaser of property subject to assessment of a certification in writing signed by a member of the Association, setting forth whether said assessment has been paid and the amount of any unpaid assessments. The Association may charge a fee not to exceed fifty dollars ($50) for each certification. As to any mortgages or purchaser who had disbursed funds in reliance thereon, such certificate shall be conclusive against the Association as to items set forth therein. Section 6. Effects of Non-payment of Assessment; the Personal Obligation of the Owner; the Lien; Remedies of the Association. If an assessment is not paid on the date when due as specified in Section 5 or as set by the Association, then such assessment shall become delinquent and shall, together with such interest thereon and cost of collection thereof as hereinafter provided, thereupon become a continuing lien on the property subject to the assessment, which shall bind such property in the hands of the then owner, his/her heirs, devisees, personal representatives and assigns. The assessment shall be a lien against the real property which comprises the lot assessments, and all appurtenances thereto and fixtures thereon. The real property comprising of a lot or living unit shall include fee ownership in any lot, together with the dwelling, if any, and all fixtures and appurtenances. The personal obligation of the then owner to pay such assessment, however, shall remain his/her personal obligation for the statutory period and shall not pass to his/her successors in title unless expressly assumed by them. If the assessment is not paid within thirty (30) days after the delinquency date, the assessment shall bear interest from the date of delinquency at the rate of eighteen (18) percent per annum, and the Association may bring an action at law against the owner personally obligated to pay the same or to foreclose the lien against the property subject thereto; and there shall be added to the amount of such assessment interest as above provided plus all costs of collection with the default and collection of amounts due. If the Association elects to file a lien, the Association may file with the Clerk and Recorder of the Weld County, a Statement of Lien with respect to the property, setting forth the name of the Association, and the amount of delinquent assessments then owing, which Statement shall be duly signed and acknowledged by a member of the Association, and which shall be served upon the owner of the property by certified mail to the address of the property or at such other address as the Association may have in its records for the owner of the property. Thirty (30) days following the mailing of such notice, the Association may proceed to foreclose the Statement of Lien in the same manner as provided for the foreclosure of mortgages under the statutes of the State of Colorado. In either a personal or foreclosure action, the Association shall be entitled to recover, as a part of the action, the interest, costs and reasonable attorney's fees with respect to the action. No owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the common access road or Association improvements. Section 7. Subordination of the Lien to Mortgages. The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage now or hereafter placed upon the properties subject to assessment; provided, however, that such subordination shall apply only to the assessments which have become due and payable prior to issue of a deed to such property pursuant to a decree or foreclosure, or a public trustee's deed pursuant to foreclosure through the public trustee, or a deed issued in any other proceeding in lieu of foreclosure. Such deed shall not relieve such property from liability for any assessment thereafter becoming due, nor from the lien of any such subsequent assessment. 10 Section 8. Remedy for Non-Maintenance by the Association. If the Association or any successor organization falls to maintain the common open space in reasonable order and condition in accordance with the approved PUD final plan, the following action may be taken: a. The cost of such maintenance by the Board of County Commissioners shall be paid by the owners of the properties within the PUD that have a right of employment of the common open space, and any unpaid assessments shall become a tax lien on said properties, pursuant to Section 24-67-105, C.R.S. b. If the deficiencies set forth in the original notice or in the modifications thereof are not rectified within thirty (30) days or any extension thereof, the Board of County Commissioners, in order to preserve the values of the properties within the PUD and to prevent the common open space from becoming a public nuisance, may enter upon said common open space and maintain the same for a period of one (1) year. ARTICLE VI General Provisions Section 1. Duration. The covenants and restrictions of this Declaration shall run with and bind the land, and shall inure to the benefit of and be enforceable by the Association, or the owner of any land subject to this Declaration, their respective legal representatives, heirs, successors and assigns, for a term of twenty-five (25) years from the date of this Declaration is recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed all ten lot owners and the then-holders of all first mortgages, which have been recorded, agreeing to change said covenants and restriction sin whole or in part. Provided, however, that no such agreement to change shall be effective unless made and recorded three (3) years in advance of the effective date of such change, and unless written notice of the proposed agreement is sent to every owner at least ninety (90) days in advance of any action taken. Section 2. Enforcement. Enforcement of these convenants and restrictions shall be by any proceeding at law or in equity against any person or persons violating or attempting to violate any covenant or restriction, either to restrain violation or to recover damages or for other relief; and failure by the Committee or any owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. The County of Weld may enforce these covenants if needed. Section 3. Titles and Section Headings. Titles of Articles and Section headings shall be disregarded in the interpretation of this document, and shall have no binding effect. Section 4. Court Jurisdiction and Severability. In the event that any one or more of the provisions, conditions, restrictions, and covenants herein set forth shall be held by any Court of competent jurisdiction to be null and void, all remaining provisions, conditions, restrictions and covenants herein set forth shall continue unimpaired and in full force and effect. In any litigation the laws of the State of Colorado shall govern, and by acceptance of title to any lot, each owner consents and agrees that venue for any action commenced hereunder is properly lain in Weld County, Colorado. Section 5. Rules Against Perpetuities. Any conveyance required herein which has not occurred within the lifetime of the survivor of TINA L. WILLITS and DOUGLAS A. TIEFEL plus twenty years after the death of each survivor, shall not be required. 11 Section 6. Amendment. The covenants and restrictions of this Declaration may be amended only by an instrument signed by not less than thirteen of the twenty-six lot owners. THE FOREGOING covenants and restrictions are approved. RIVER RUNS THROUGH IT, LLC Douglas A. Tiefel as Manager STATE OF COLORADO } ss. COUNTY OF BOULDER The foregoing instrument was acknowledged before me this day of August, 2002, by Douglas A. Tiefel as Manager of River Runs Through It, LLC. Witness my hand and official seal. Notary Public My commission expires: Pelican shore•/covm+nb.doc 12 AGREEMENT THIS AGREEMENT, made and entered into this 18th day of March , 1986, by and between J Bar B, Inc. (herein- after referred to as "Owner") and the Central Colorado Water Conservancy District and the Groundwater Management Subdistrict of the Central 'Colorado Water Conservancy District (hereinafter collectively referred to as "Central") . WITNESSETH: WHEREAS, Owner owns property described on Exhibit "A" , attached hereto and made a part hereof (hereinafter referred to as "the Property") , and has applied to Weld County for a Special Use Permit and to the Colorado Mined Land Reclamation Board for a Mining Permit, to conduct sand and gravel operations on the Property; and WHEREAS, it is anticipated by Central that the mining operations may have an impact on the historical surface and ground water patterns in the area and that the construction of lakes, which are part of the reclamation plan, will result in additional evaporation from open water surfaces which will adversely affect Central unless said evaporation is augmented; and WHEREAS, Central has no objection to Owner' s mining operations and reclamation if the concerns expressed above are addressed and the interests of Central are satisfactorily pro- tected. NOW, THEREFORE, in consideration of the premises and the mutual promises and covenants of the parties hereto, IT IS AGREED AS FOLLOWS: 1 . Owner shall conduct its mining operations on the Property in accordance with the mining and reclamation plan as finally approved by Weld County and the Colorado Mined Land Reclamation Board. 2 . Owner will file an application for water rights, including storage rights, claiming that it has made an appropria- tion of water, for any uses other than evaporation made upon the Property using water from the lakes. 3 . Owner will construct those lakes which it con- -^ structs pursuant to the approved Mining and Reclamation Plan in a good and workmanlike manner and will equip the lakes with such structures as are required by law. 4 . Owner agrees to augment the South Platte River in accordance with the gravel pit augmentation policy of Central, thereby preventing injury to other water users, by conveying to Central an amount of water equal to 2 . 1 acre-feet of consumptive use water for each of the 106.7 surface areas of lake for which augmentation water, is required. Owner 's plans call for the construction of approximately 126 .7 surface acres of lake, of which augmentation water is required for only 106 . 7 acres because the other 20 acres were historically sub-irrigated and had a historic evaporation loss equal to the amount of evaporation loss from the proposed lakes . If, at the end of its mining operations on the property, Owner has constructed lakes having more or less than 106.7 surface acres, Central shall convey to Owner any water which has been conveyed to Central by Owner over and above the amount determined by multiplying the number of surface acres of lakes for which augmentation is required by 2. 1 acre-feet, or, if necessary, Owner shall convey to Central additional water in order to equal the amount of 2. 1 acre-feet for each surface area of lake constructed for which augmentation water is required. A map of the reclamation plan for the property setting forth the Lake Evaporation Replacement Schedule agreed upon by the parties, together with a graphic representation of the location of the 106 . 7 acres for which augmentation water is required to be provided and the location of the 20 acres for which augmentation water is not required to be provided is attached hereto as Exhibit "B" and is made a part hereof. 5 . Owner further agrees that the water rights which shall be used for augmentation in compliance with the foregoing provisions and in compliance with the gravel pit augmentation policy of Central shall be the water rights described on Exhibit "C" , or other water rights acceptable to Central. 6 . In order to implement the provisions of this agreement, the water rights described on Exhibit "C" shall be conveyed to Central by deed or appropriate stock transfer, and any deed of conveyance or stock certificate issued to Central shall bear the following notation: These water rights [shares] and the uses of water attributable thereto are restricted by an agreement dated March 18 1986 entered into between J Bar B, Inc.' and the Central Colorado Water Conservancy District and the Groundwater Management r Subdistrict of the Central Colorado Water -2- r Conservancy District. Said agreement is recorded in the office of the Clerk and Recorder of Weld County, Colorado. . . The conveyances of water rights provided for in this paragraph shall be accomplished prior to the commencement of mining. Owner shall be entitled to use the water represented by the water rights described on Exhibit "C" until the lakes for which the water rights are to' be used for augmentation have been created. '7. Owner shall pay all assessments on the Rural Ditch Company stock described in Exhibit "C" until the transfer of the stock to Central, and from that time on Central shall pay all assessments . Central shall have the right to vote the shares transferred pursuant to this agreement. 8 . Central shall withdraw all objections to the Special Use Application which Owner has filed with Weld County and consents that the same may be issued at the discretion of Weld County. 9. Central shall withdraw all objections to the ,•--- granting of the mining permit for which Owner has applied to the Colorado Mined Land Reclamation Board and consents that the same may be issued at the discretion of the Colorado Mined Land Reclamation Board. 10. Central shall not raise any objection to the mining or reclamation of the Property so long as the same is conducted in accordance with the provisions hereof and the approved mining and reclamation plans. Central shall not com- mence any litigation seeking injunctive or compensatory relief arising therefrom except for a violation of the covenants and agreements set forth herein. 11 . Central and Owner agree that the standards set forth in Central' s Gravel Pit Augmentation Policy shall govern their positions with respect to any formal plan for augmentation; in other words, Central agrees not to request additional augmen- tation water, and Owner agrees to waive any claims that it might have to furnish less augmentation water, subject to the provi- sions of paragraph 4 hereof . 12. In the event that no mining and reclamation plan is finally approved by Weld County and/or the Colorado Mined Land Reclamation Board, that mining permits are not granted, and that Owner does not mine the property, this agreement shall, upon written notification of Owner to Central of the same, be null and void, and all water rights which have been conveyed or assigned -3- to Central shall be returned to Owner free of any liens or encumbrances created by Central. 13. In the event that the Division of Water Resources does not issue a well permit sufficient to enable Owner to mine and reclaim the property in accordance with Owner' s approved mining and reclamation plans, or, in the event that, at any time in the future, ,the Division of Water Resources does not consider the depletions from the lakes to be created on the Property sufficiently augmented pursuant to this agreement and issues a cease and' desist order, then this agreement shall, upon written notification of Owner to Central of the same, including a copy of said cease and desist order, be null and void, and all water rights which have been conveyed or assigned to Central shall be returned to Owner free and clear of any liens or encumbrances created by Central within a reasonable time. 14 . This agreement may be enforced by Central, or any of its members who are adversely affected by any violation of any term hereof, by seeking any appropriate equitable or legal remedies, including injunctive relief, specific performance, and damages. In the event that litigation is commenced by Central or any of its members to obtain such enforcement, and Central or any member prevails, Owner and/or its successors and assigns agree to pay for any reasonable attorneys fees and court costs expended by Central or the member in obtaining such enforcement. However, if Owner prevails, Central, or the member instituting litigation, shall pay all reasonable attorneys fees and court costs expended by Owner. 15. This agreement represents the complete agreement of the parties hereto, and no parole modifications shall be recognized. Any amendments or additions must be in writing and signed by the parties to be effective. 16 . This agreement is binding upon the parties, their successors and assigns and shall be a covenant which runs with -- the land described on Exhibit "A" and the water rights described on Exhibit "C" . 17 . Owner agrees at all times to indemnify and to keep indemnified Central, its officers and directors, and to hold and save them harmless from and against all liability for damages, loss, costs, charges, and expenses of any kind and nature what- soever, including attorneys fees, which they may,, at any time, sustain or incur by reason of or in consequence of Owner' s mining operations or reclamation of the property or as a consequence of this agreement. -4- DATED the day and year first written above. J BAR B, INC. ' • • By ea --(4; Presider✓ ATTEST: C11°-} ecretary Asst. CENTRAL COLORADO WATER CONSERVANCY DISTRICT AND GROUNDWATER MANAGEMENT SUBDISTRICT OF THE CENTRAL COLORADO WATER CONSERVANCY DISTRICT .-. BY J/J(cGltaddi----- President ATTEST: -T6ILI''')./:S' V. a Secretary •--.1:,:,:, , lei , . r -5- STATE OF COLORADO ) ?_y e :,'. '•,•• _ ) ss . • " 'COUNTY OF: JEFFERSON ) • Subscribed a d sworn to before me this '23n`/ day of b Ja .L Ba' / as President, and lg , Q , as Secretary(Asst) of J Bar B, Inc. Wi ss my hand and official seal. ( hn..f/1i.,s/<, • Notary Public . Address: /A2 '%,p j% ' c .--71/2Flf "/( 2,'n. <5;i1-.2/C My commission expires: Wy Commisricn Eves April 28, ig86 �-. STATE OF COLORADO ) ss. COUNTY OF WELD ) Subscribed and sworn to before me this 18th day of March , 1986, by Robert W. Walker as President, and Thomas V. Cech as Secre- tary, of the Central Colorado Water Conservancy District and Groundwater Management Subdistrict of the Central Colorado Water Conservancy District. Witness my hand and official seal. WN ry Public A ess : 1011 11th Ave. , Greeley, CO 80631 riy•cOmiission expires: March 18, 1988 These shares and the uses of water attributable thereto are restricted by an agreement dated March 18, 1986 entered into between J Bar B, Inc. and the Central \` Colorado Water Conservancy Incorporated Under the Laws of the Shares $100.00 each f Colorado District and the Ground Water Manageme t subdistrict of the Central Colorado Water Conservancy District. Said agreement is recorded in the office of the Clerk and Recorder of Weld THE RURAL DITCH COMPANY NO. 322 County, Colorado. Weld County, Colorado Ground Water Management Subdistrict of the THIS CERTIFIES THAT/CPrtral Colorado Water ConSrvancy District is the owner of 1 - 9? shares of The Rural Ditch Company,paid up in full,transferable only on the Books of the Company on the surrender of this Certificate. This stock is subject to assessment when funds are required by the company for repair and maintenance,or to pay any in- debtedness of the company,or the interest thereon.The company reserves the right to a lien upon the stock represented by this certificate for any assessment levied upon said stock. No transfer of this stock can be made on the books of the company until all assessments and indebtedness due at the time of said transfer are paid in full. IN WITNESS WHEREOF,the President and Secretary have hereunto subscribed their names and caused its corporate Seal to be hereto affixed at Longmont,Colorado this 1 t ay of April 19 8'1 1 Secretary ><�—K+gbb President Q B I 1112 Rite -071153601:4444 /86a x1.0:26, '21( 00 r / " AR2053601' F 1966 MARY ANN ii0i118TB311 CLENE i RBCORDER WILD r � r ^x AGREEMENT ---I.--•......-- 1 THIS AGREEMENT, made and entered into this lath day of March , 1986, by and between J Bar B, Inc (heerrein- after referred to as "Owner') and the Central Colorado Water F' r Conservancy District and the Groundwater `Management Subdistrict of the Central Colorado Water Conservancy District (hereinafter 1: i' collectively referred to es 'Central•). A.F".7- WITNESSETH; WHEREAS, Owner owns property described on Exhibit 'A', attached hereto and made a part hereof (hereinafter referred to as 'the Property') , and has applied to Weld:County for a Special Use Permit and to the Colorado Mined Land"Reclamation Board for a 113,, F Mining Permit, to conduct sand and gravel operations on the n Property; and .-'-.- a WHEREAS, it is anticipated by Central that the mining ) operations may have an impact on the historical surface and f ground water patterns in the area and that the construction of L lakes, which are part of the reclamation plan, will result is . r additional evaporation from open Wafer 'surfaces which hill t adversely affect Central unless said evaporation is augmented: and . ,. )., gWHEREAS, Central has no objection to Owner's mining F operations and reclamation if the concerns expressed above are xza addressed and the interests of Central are satisfactorily pro- tected. # z NOW, THEREFORE, in consideration of the premises and , the mutual promises and covenants of the parties hereto, IT IS 1,• AGREED AS FOLLOWS; ,,:. o- 3 1. Owner shall conduct its mining operations on the �('. Property in accordance with the mining and reclamation plan as finally approved by Weld County and the' Colorado Mined Land 3:- Reclamation Board. I 2. Owner will file an application for water rights, --01J:, -. s, including storage rights, claiming that it has made an appropria- a� ' r` tion of water, for any uses other than evaporation made upon `t a Try, Property using water from the lakes. t `, ' 3. Owner will Instruct those lakes Which. it " .. structs pursuant to the approved Mining and Reclamation Plan* a. .•.4nG w..v: wa.. a v ' E 1112 OZC'D2053601 "osi1SV . 1090 1 21.00 , g0 /.,a-4, P 1967 MARY ARM FRUERSTEIN CLLR[ & INCORD t`i/;[a CO, CO` t. good and workmanlike manner and will equip the lakes with such structures as are required by law. i,_; , } 4. Owner agrees q rees to augment the South Platte Aiver in r accordance with the gravel pit augmentation policy of Central, thereby preventing injury to other water users, by conveying to Central an amount of water equal to 2.1 acre-feet of consumptive E use water for each of the 106.7 surface areas of lake for which augmentation water is required. Owner's plans call for the 4. construction of approximately 126.7 surface acres of lake, of which augmentation water is required '"'= 7 for only 106.7 acres because ,�,-,;. S the other 20 acres were historically sub-irrigated and had a historic evaporation loss equal to the amount of evaporation loss 1/4 from the proposed lakes. If, at the end of its mining operations on the property, Owner has constructed lakes having more or loss j. than 106.7 surface acres, Central shall convey to Owner any water , 1`. which has been conveyed to Central by Owner over and above the amount determined by multiplying the number of surface acres ofkt- lakes for which augmentation i■ required by 2.1 acre-feet, or, if * y, , necessary, Owner shall convey to central additional water in % order to equal the amount of 2.1 acre-feet for each surface area =' of lake constructed for which augmentation water is required. A map of the reclamation plan for ,the property setting forth' the Lake Evaporation Replacement Schedule agreed 'u the .parties, together with a 9 Upon by 09 graphic representation of Abe location of the 106.7 acres for which augmentation water " is required to be provided and the location of the 20 acre' for which augmentation "' water is not required x, e to be provided is' attached hereto' as Exhibit •S• and is made a part hereof. 5. Owner further agrees that the water which rights ' shall be used for augmentation in compliance with the foregoing -g„'; .' provisions and in compliance with the "gravel pit augmenttaation . policy of Central shall be the water rights described on Exhibit m "C", or other water rights acceptable to Central. 6. In order to implement the provisions of this agreement, the water rights described on Exh bit •C" shall be conveyed to Central by deed or appropriate stock transfer, and any deed of conveyance or stock certificate issued to Central ' {; shall bear the following notation, These water rights [shares] and the uses of water attributable thereto are restricted by on agreement dated i ` rgh la 1986 entered into twee J Ear my. Inc. and ry : the Central Col ado A Water €cgn rvancy .z._ District and the r Croonndwater' gageleut subdistrict of th Central Colorado` Wear -2- . ry+ S 1112 RIC 0205 01, F0 /15 klikatt S`(4.00 310 F 1968 BART AMN Ps[IE I9j RB!�t CLERK f QYpyiR 11iW CO, • g Conservancy Distri t. Said Agreement is recorded in the office of the Clerk and "'. Recorder of Weld County, Colorado. The conveyances of water rights provided for in this paragraph a r shall be accomplished prior to the commencement of mining Owner shall be entitled to use the water represented by the water rights described on Exhibit 'C• until the lakes for which the s• water rights are to be used for augmentation have been created. a 7. Owner shall pay all entente on the Rural Ditch Company stock described in Exhibit SC. until the transfer of the stock to Central, and from that time on Central shall pay all _1 ;;, ants. Central shall have the right to vote the shares transferred pursuant to this agreement. B. Central shall withdraw all objections to .the ` Special Use Application which Owner has filed with Weld County and consents that the same may be issued at the discretion of , Weld County. .-. 9. Central shall withdraw all objections to the granting of the minimr -' g permit for which Owner has applied to the �P Colorado Mined Land Reclamation Board and consents that the slate 1:.,7/: may be issued at the discretion of the Colorado Mined Land Reclamation Board. w,.' 10. Central shall not raise any objection to the 1`' mining or reclamation of the Property so long as the sap is h-1 ,- conducted in accordance with the provisions hereof and the ,,. ",• approved mining and reclamation plans. Central shall not come- , { nonce any litigation seeking injunctive or compensatory relief fr`` arising therefrom except for a violation of the covenants and t"'l:. agreements set forth herein. 11. Central and r agree that ;Si ' forth in Central's Gravel Pit an "'g standards set �: 9maormal n an fo y shall govern their positions with respect to any formal plan for augmentation, '"- in other words, Central agrees not to request additional augsw►u- C tation water, and Owner agrees to waive any claims that it might have to furnish less augmentation rater, subject to the provi_1; sions of paragraph 4 hereof. 12. In the event that no mining and reclamation plan is finally approved by Weld County and/or the,Colorado Mi Reclamation Board, that mining permits are not Owner does not aine the property:-.this y agr gent steal „ pro rt t this . written notification of Owner void, and all water rights wheel a Ye •i or ass ,m 9 Kaye been conveyed or assigned -, ≤-3- ,1• . 7 M. �., 'B`"'1112 EEC 02053601- 05/ '5/�S6, '10%2d -100, 1: oo •" . P 1969 MARY ANN rigmunpycppri -Rikapp-miLD 'eo -t1) ,n4 c to Central shall be returned to Owner free of any liens or encumbrances created by Central. _ k 13. In the event that the Division of Water Resources does not issue a well permit sufficient to enable Owner to mine and reclaim the property in accordance With Owner's approved , mining and reclamation plans, or, in the event that, at any ties in the future, the Division of Water Resources does not consider the depletions from the lakes to be"created on the Property 1;: sufficiently augmented pursuant to this agreement and issues a cease and desist order, then this agreement shall, upon written notification of Owner to Central of the sale, including a copy ssof said cease and desist order, be null and void, and all water f rights which have been conveyed or assigned to Central shall be returned to Owner free and clear of any liens or encumbrances created by Central within a reasonable time. 14. This agreement may be enforced by Central, or any of its members who are adversely affected by any violation of any term hereof, by seeking any appropriate equitable or legal ' remedies, including injunctive relief, specific performance, and damages. In the event that litigation is cammenced by Central or any of its members to obtain such enforcement, and Central or any 1' member prevails, Owner and/or its successors and assigns agree to pay for any reasonable attorneys fees and coutt costs expended by r!'. Central or the member in obtaining such enforcement. However, y Owner prevails, Central, or the member_ instituting litigation, shall pay all reasonable attorneys fees and court costs expended by Owner. 15. This agreement represents the complete agreement of the parties hereto, and no parole modifications shall be ^ ' recognized. Any amendments or additions most be in writing and signed by the 9 parties to be effective. 16. This agreement is binding upon the parties, their c successors and assigns and shall be a Covenant which runs with 4`: y? the land described on Exhibit •a• and the water rights described `,µ on Exhibit 'C'. 17. Owner agrees at all times to indemnify and to keep ," ' indemnified Central, its officers and directors, and to hold end save them harmless from and against all liability for dam-p£ep, loss, costs, charges, and ex nuns of any kjnd and nature solver, including attorneys fees, which=rt ey may, gat `any �.,,sustain or incur by of for in consequence 'of Owner'., ' _ operations or reclamation of the property tzer as? a consequena! e o-this agreement. -4_ r^ s - NT.,—- _ _,. r..._.,ts,x.-,- .a,....�.�.,_:.... -..�.c,_.a,a,... - .. _ , B 1112 AEc 02053601 X055/15/86 ,1 2 r • •. • F 1220 M ET ANN r{cus4t8111TH a41.1 i neoPPs8 LLD0) 0 , :PA 'M yr • DATED the day and year first written above. c.,.. J BAR 8, INC. By 1. ATTEST; t axkktutwis..... d?,ki;c Secretary Asst. CENTRAL COLORADO MATER CORERRNANCT ' DI8'T TCT AND GR9NEDICATIP it= SVBDISTBICT 3'8 OF E . MATSR BalBEBBIBBF DIS f _ k �r , By g G/.a--- o rt. u rres cut Bey V Sec r 9% .. Weld' 4,4 P, ,4 > 15,n ,.•—• 5 �`., e w B 1112'RSC 0203360 MNI F'"'1 P NARY 20 l ` llinZup416 ` 2. 4.$ y a -T CLYRR `i . CORDU'WILD c c •�V"NH: y..- ' 'S ,'1 r 'i ) is. `"� ^` &, s JEFFERSON ) i %Il f'Ig„ : � ; : o "Ins,8,"" Subscribed and sworn to before as this �e,! , 1 b J L. Bail day of as President, and , - , P of .1 Bar B, Inc. N ess my and and of' icial seal,as 8ecratary,(-4241 e•-)/. l CJ�AAA 4.44 NotePUNIC {y . Address: My commission expires: MY m ialon'Exp as/Wrs R STATE OP COLORADO COUNTY OP MELD ) •i. s,.. a Subscribed and sworn to before me this lath day of March , 1986, by aohart r as President, and Than v C.ch W≥k�' tary, of the Central Color ' o' Water Cone 7. as Secand qtr Groundwater Management Subdistrict of LlioY DistrsFt, Conaeragncy District. Witness a Cs�►trai Colorado Water ,,O Y hand sad official seal, a . as ctr tst.NLIAO Mt c s east 1P11 11th]�vena. Grslg�F sfP ....... cat°' : `� ..co 806D1 4F CO' "� w Vision expires: p March li, 14a9. k= s_ fw mN a. — .:'l r ti B 1112 AZC 020536AV4 a6.;:i.,2444... 1972 NARY ANN TRUER #IN r:AWo • t EXHIBIT A TO AGREEMENT 8 J BAR B, INC AND THE CENTRAL COLORADO WA CONSERVANCY ,DISTRICT AND THE GROUNDWATER SUBDISTRICT OP THE CENTRAL COLORADO WATER CONSERRVINiCY DISTRICT �x•-'. Description of Land The SA and the ONE% of Section 36, Township 3 North, Range 68 West of the 6th P.M., Weld County, ColoradO. st h 7"yam �L d � yo- • yNi • • • . e-.li'-'-�am:,:m�:..�e ta,�s.r: • "�Ms+.nx.� ^.,._e.-.m+�:. 'i" e^,:` n.. +_... . �a ,rx � ✓ sa. __ 4 B 1112 sic 02099601 044713/ t lei f SA4 0D 11110-- • • , r 1973 NAVY ANN PYRE Ili Cialx ORDER NILD CO CO-- ` I ri. EXRI$IT C TO AGREEMENT J BAR B, INC. AND THE CENTRAL COLORADO R CONSERVANCY DISTRICT AND THE GROUNDWATER "SUBDISTRICT OF THE CENTRAL COLORADO WATER CONSERVANCY DISTRICT ;~ Description of Water Rights X is lt ' 1.96 c.f.s. of the water right decreed to the Hayseed Ditch out of St. Vrain Creek, as adjudicated by decree of the Weld County District Court dated June 2, 1882, with an appropriation date of July 31, 1860. 1.97 shares of stock in the Rural Ditch Company, a Colorado mutual ditch company, representing a pro rata share of the following water rights which are owned by the Rural Ditch Company: 22.75 c.f.s. of water decreed to the Rural Ditch put at Boulder Creek, as adjudicated by decree of the weld county District Court dated June 2, 1882, with an ^ " appropriation date of May 10, 1962; and 50.25 c.f.s. of water decreed to the Rural Ditch out of r Boulder Creek, as adjudicated by decree of the held' County District Court dated June 2, 1882, with ran> ' f'' appropriation date of March 10, 1863. aa .,. r lc rt. 1 1 Yr.) c�i 1 CIA fl ' m '; l .�.r.uaa -. ��✓.ova v'..aw=w..r. �.MY]Mti� u.Wili�.-Y"'.'._.�._. r-. + ...,�.. T"`.q.' �� PIPELINE RELOCATION AGREEMENT THIS PIPELINE RELOCATION AGREEMENT ("Agreement") is made and entered into this day of November, 2002 (the "Effective Date") by and between DOUGLAS A. TIEFEL, whose address is P.O. Box 17130, Boulder, Colorado 80308- 0130 ("TIEFEL") and DUKE ENERGY FIELD SERVICES, LP, whose street address is 1324 North 7TH Avenue, Greeley, Colorado 80631 ("DUKE"). WHEREAS, TIEFEL owns that certain parcel of the real property situated in Weld County, Colorado, as more particularly described in Exhibit A attached hereto and by this reference made a part hereof (the "Property"); and WHEREAS, DUKE is the successor in interest to with respect to that certain Right of Way Easement recorded in Book at pages under Reception No. with the Clerk and Recorder of the County of Weld, State of Colorado ("Right of Way No. 1"); and WHEREAS, TIEFEL is desirous of relocating and abandoning in part the natural gas pipeline located in the easement described in Right of Way No 1 and further diagrammed in Exhibit B (the "General Site Map") so that such pipeline will not cross or affect portions of the Property and other parcels of land owned by TIEFEL in the development known as PELICAN SHORES P.U.D.; and WHEREAS, in entering into this Agreement with DUKE, TIEFEL agrees, among other things, to pay the costs associated with the relocation of the pipelines (including those attributable to the Property) on and subject to the terms and conditions set forth in this Agreement; and NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, and for other good and valuable consideration, receipt and sufficiency of which are hereby acknowledged, TIEFEL and DUKE agree as follows: 1. Route of New Easement. DUKE hereby agrees to the relocation and removal of that portion of its existing pipeline and easement (under Right of Way No. 1)which is currently located on the Property pursuant to the terms and conditions set forth in this Agreement. The portion of the existing pipeline and easement on the Property under Right of Way No. 1 which is to be relocated, and the locations for the installation of the new pipeline and new easement on the Property (the "New Easement"), are generally depicted on the General Site Plan attached hereto as Exhibit B. TIEFEL shall cause a licensed surveyor to stake on the ground the proposed boundaries and centerlines of the New Easement, it being the intent of the parties that the pipeline shall be relocated along the centerline so staked by HASCALL SURVEYS. TIEFEL shall further cause a contractor, whose selection must first be approved by DUKE (which approval shall not be unreasonably withheld), to grade the areas of the New Easement within one (1') foot of grade level prior to the relocating of the pipeline. Survey staking will indicate any cut or fill of the earth along the entire route of the relocated pipeline. Survey staking will Page 1 of 5 mark street and roadway crossings to allow for additional deepening and/or strengthening of the relocated pipeline. Prior to pipeline relocation, the preliminary survey, upon which the staking is based, shall be submitted to DUKE for its approval and shall be modified and resubmitted to satisfy any reasonable objections that DUKE may raise. During the relocation of the pipeline, TIEFEL shall have a representative available to inspect daily the relocation and will "sign-off' as to the accuracy of the pipeline being relocated for the vertical and horizontal accuracy of the pipeline prior to the filling in of the trench. This "sign-off" will release DUKE for any future liability due to the pipeline being relocated inaccurately. Upon installation of the Replacement Pipeline, TIEFEL shall add fill so as to cause the Replacement Pipeline to be buried to a depth of between forty-eight (48) inches and seventy-two (72) inches below the proposed finished grade of the surface, or such other reasonable depth as the Parties may agree. All costs incurred in connection with the relocation work shall be paid for by TIEFEL. 2. Temporary Easement. In order to facilitate the relocation effort, simultaneously with the execution of this Agreement, TIEFEL shall execute and deliver to DUKE the Temporary Pipeline Easement, in the form of Exhibit C attached hereto (the 'Temporary Easement") granting DUKE the right of access to and from the New Easement to complete the initial installation of the pipeline on the Property. Upon HASCALL SURVEYS' completion of the preliminary survey and staking described in Paragraph 1, DUKE's approval of the proposed easement route, and upon receipt of the Temporary Easement from TIEFEL, DUKE shall, within a reasonable period of time thereafter, subject to potential delays caused by adverse weather conditions, commence the relocation of the existing pipeline described in Paragraph 1 above, and pursue the completion of the relocation of the pipelines as soon as practical. 3. Estimate. Within thirty (30) days from the mutual execution of this Agreement, DUKE shall deliver to TIEFEL an estimate of the cost of abandoning and removing the affected portion of the Existing Gathering Line and installing and constructing the Replacement Pipeline (the "Estimate"), which estimate shall include DUKE's administrative fees and legal costs. TIEFEL shall promptly raise any objections to the Estimate. If the Parties cannot resolve these objections, this Agreement shall terminate and the Parties shall have no further obligations to each other except as set forth in the Existing ROW. If TIEFEL does not object to the Estimate, or upon resolution of any objections, the Estimate shall constitute the agreed estimate of the cost of removing and abandoning the affected portion of the Existing Gathering Line and constructing the Replacement Pipeline. Prior to commencement of the relocation procedures by DUKE, TIEFEL shall pay the estimated amount to DUKE. Upon completion of the Replacement Pipeline, DUKE shall advise TIEFEL of any differences between the Estimate and the actual costs incurred and the parties shall account to each other for any difference. 4. Perpetual Easement. Upon completion of the relocation work by DUKE and receipt by DUKE of final payment from TIEFEL under the Pipeline Relocation Agreement, (i) DUKE will prepare and record in the real estate records of Weld County, Colorado, a written document in the form attached as Exhibit E, pursuant to which Page 2 of 5 DUKE terminates or quit claims its right to use that portion of the Existing Easement on the Property under Right of Way No. 1, which is to be abandoned and (ii) TIEFEL shall execute and record in the real property records of Weld County, Colorado, the Perpetual Pipeline Easement in the form of Exhibit D attached hereto (the "Perpetual Easement"). Within thirty (30) days of completion of the Replacement Pipeline, TIEFEL shall have prepared by a licensed surveyor and shall deliver to DUKE an "as built" survey of the Replacement Pipeline. The Perpetual Easement shall be based upon and refer to this final as-built survey. The Perpetual Easement will also provide that no buildings, structures, or other improvements shall be placed upon over, across or within the Perpetual Easement except landscaping (not to include trees), compatible utility lines located and separated at least ten (10) feet from the Replacement Pipeline and street and related gutter and sidewalk improvements, without DUKE's prior written consent. DUKE shall not, under any circumstances, be obligated to release the relocated portions of the Existing Easement (and TIEFEL shall not be obligated to execute the Perpetual easement) until DUKE has determined that the new pipeline has been properly constructed and that gas is successfully flowing through the relocated pipeline. Under no conditions shall DUKE be prevented from flowing gas through the existing pipeline system located upon the Property due to the relocation of the pipelines until all relocated pipelines are completed and operational. 5. Installation of New Pipeline and Removal of Portion of Existing Pipeline. In connection with the relocation of the pipeline, DUKE agrees to install the same, in compliance with all applicable laws and regulations. Upon completion of the relocation of the pipeline, and subject to DUKE's reasonable satisfaction that the new pipeline is successfully flowing gas, DUKE shall cause the removal of that portion of its pipeline to be abandoned which currently cross the Property. 6. Covenant Running with Land. The parties agree that this Agreement and the benefits and burdens hereunder shall be binding upon and inure to the benefit of the parties hereto and their heirs, successors and assigns. This Agreement and all of the covenants in it shall be covenants running with the land and shall be binding on all parties who succeed to any interest which TIEFEL and/or DUKE has in the Property. Any subsequent sale of the Property shall be subject to the terms of this Agreement. 7. Default. In the event that the operations by either DUKE or TIEFEL are not at any time being conducted in compliance with this Agreement or either party commits any other breach of this Agreement, the defaulting party shall be notified in writing, delivered by certified mail or commercial overnight courier, of the facts relied upon as constituting a breach thereof, and that party, if in default, shall within thirty (30) days after receipt of such notice, cure such default. In the event the defaulting party does not cure such default within said thirty (30) day period, this Agreement may then be specifically enforced or damages obtained at the election of the non defaulting party and the defaulting party shall pay any and all reasonable attorney's fees of the other party. 8. Notices. Notices to parties shall be delivered as follows: Page 3 of 5 A. DUKE: DEFS Energy Field Services, LP 1324 North 7th Avenue Greeley, Colorado 80631 Attn: James F. Kirkpatrick With a copy to: Thomas J. Kimmell Zarlengo & Kimmell, LLC 1775 Sherman Street, Suite 1375 Denver, Colorado 80203 B. TIEFEL: 9. Integration Clause. Together with the exhibits referenced in this Agreement, this Agreement sets forth the entire understanding among the parties and supersedes any previous communications, representations or agreements, whether oral or written. No change of any of the terms or conditions herein shall be valid or binding on any parties unless in writing and signed by an authorized representative of each party. 10. Indemnification. DUKE shall not be responsible for either the repair or replacement of, or any damages to, any improvements located within the easement area in connection with the relocation, operation and maintenance of DUKE'S pipeline and related facilities. TIEFEL hereby agrees to defend, indemnify, and hold DUKE (and its officers, directors, employees, successors and assigns) harmless as to all losses, claims, damages, demands, suits, causes of action, fines, penalties, expenses and liabilities, including, without limitation, reasonable attorneys' fees and other costs incurred by DUKE, arising out of or connected in any way with the relocation of the pipeline, unless DUKE is determined in a judicial or arbitration proceeding to have acted with gross negligence, in material breach of this agreement, or with willful misconduct, in which case no such indemnification obligation shall exist. 11. Recording. Following execution of this Agreement, the new Easement (Exhibit D) and DUKE's Quitclaim (Exhibit E), once executed, shall be recorded in the real property records of Weld County, Colorado, and the parties agree that the recording of such documents is adequate notice to all buyers of land lying within the above described real property of the existence and location of the easement given to DUKE. Further, TIEFEL shall ensure that notification shall be made to DUKE and its One-Call system prior to commencement of any activities by him or under his direction, including, without limitation, construction, excavation, maintenance repair or landscaping activities on or over the Existing Easement and/or the New Easement. Page 4 of 5 12. No Joint Venture. This Agreement is not intended to, nor shall it be interpreted to create a joint venture, partnership or any other relationship between TIEFEL and DUKE, other than that of surface owner and easement holder, respectively. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. DUKE ENERGY FIELD SERVICES, LP: LAND OWNER By By James F. Kirkpatrick Douglas A. Tiefel Title: Title: ACKNOWLEDGEMENTS State of Colorado ) )ss. County of ) The foregoing instrument was acknowledged before me this day of November, 2002, by , as of DUKE ENERGY FIELD SERVICES, LP, known to be the person described in and who executed the foregoing instrument, and who acknowledged to me that he executed the same. WITNESS my hand and official seal. Notary Public My Commission Expires State of Colorado ) )ss. County of ) The foregoing instrument was acknowledged before me this 26th day of November, 2002, by DOUGLAS A. TIEFEL, as LAND OWNER, a known to be the person described in and who executed the foregoing instrument, and who acknowledged to me that he executed the same. WITNESS my hand and official seal. Notary Public My Commission Expires 5/25/05 DUKE.BROMLEY.TIEFELPIPELINEAGREEMENT Page 5 of 5 06/10/2003 TIE 11:13 FAX ^ r-, ( 002/012 06/11/2093 10:5? N0.281 D02 PIPELINE RELOCATION AGREEMENT $T �O flLU ) 4 , z 003 g?''G' THIS PIPELINJF RELOC TIO AGREEMENT ("Agreement") is made and entered into thisci7 day of Pk . .,,L. ,, �002 (the "Effective Date") by and between DOUGLAS A. TIEFEL, whose address is P.O. Box 17130, Boulder, Colorado 80308- 0130 ("TIEFEL") and DUKE ENERGY FIELD SERVICES, LP. whose street address is 1324 North 7TH Avenue, Greeley, Colorado 80631 ("DUKE"). WHEREAS,TIEFEL owns that certain parcel of the real property situated in Weld County, Colorado, as more particularly described in Exhibit A attached hereto and by this reference made a part hereof(the "Property'); and WHEREAS, DUKE is the successor in interest to with rasped to that certain Right of Way Easement recorded in Book at pages under Reception No. with the Clerk and Recorder of the County of Weld. State of Colorado ("Right of Way No, 1"); and WHEREAS, TIEFEL is desirous of relocating and abandoning in part the natural gas pipeline located in the easement described in Right of Way No 1 and further diagrammed In Exhibit B (the "General Site Map')so that such pipeline will not cross or affect portions of the Property and other parcels of land owned by TIEFEL in the development known as PELICAN SHORES P.U.D.; and WHEREAS, in entering into this Agreement with DUKE, TIEFEL agrees, among other things, to pay the costs associated with the relocation of the pipelines (including those attributable to the Property) on and subject to the terms and conditions set forth in this Agreement and NOW, THEREFORE, in consideration of the mutual covenrs and agreements contained herein, and for other good and valuable consideration,' ceipt and sufficiency of which are hereby acknowledged, TIEFEL and DUKE agree as follows; 1. Route of New Easement DUKE hereby agrees to the relocation and removal of that portion of its existing pipeline and easement (under Right of Way No. 1) which is currently located on the Property pursuant to the terms and conditions set forth in this Agreement. The portion of the existing pipeline and easement on the Property under Right of Way No. 1 which is to be relocated, and the locations for the installation of the new pipeline and new easement on the Property(the "New Easement"), are generally depicted on the General Site Plan attached hereto as Exhibit B. TIEFEL shall cause a licensed surveyor to stake on the ground the proposed boundaries and centerlines of the New Easement, it being the intent of the parties that the pipeline shall be relocated along the centerline so staked by HASCALL SURVEYS. TIEFEL shall further cause a contractor, whose selection must first be approved by DUKE (which approval shall not be unreasonably withheld),to grade the areas of the New Easement within one (1') foot of grade level prior to the relocating of the pipeline. Survey staking will indicate any cut or fill of the earth along the entire route of the relocated pipeline. Survey staking will n Page 1 of 5 06/10/2003 TUE 11:13 FAXe,, Z003/012 06/11/2003 10:57 ND.281 D03 • ;^ mark street and roadway crossings to allow for additional deepening and/or strengthening of the relocated pipeline. Prior to pipeline relocation, the preliminary survey, upon which the staking is based, shall be submitted to DUKE for its approval and shall be modified and resubmitted to satisfy any reasonable objections that DUKE may raise. During the relocation of the pipeline, TIEFEL shall have a representative available to inspect daily the relocation and will "sign-off as to the accuracy of the pipeline being relocated for the vertical and horizontal accuracy of the pipeline prior to the filling in of the trench. This "sign-off"will release DUKE for any future liability due to the pipeline being relocated inaccurately. Upon installation of the Replacement Pipeline, TIEFEL shall add fill so as to cause the Replacement Pipeline to be buried to a depth of between forty-eight(48) inches and seventy-two (72) inches below the proposed finished grade of the surface, or such otherreasonable depth as The Panics may agree. All costs incurred in connection with the relocation work shall be paid for by TIEFEL. 2. Temporary Easement In order to facilitate the relocation effort, simultaneously with the execution of this Agreement. TIEFEL shall execute and deliver to DUKE the Temporary Pipeline Easement, in the form of Exhibit C attached hereto (the 'Temporary Easement') granting DUKE the right of access to and from the New Easement to complete the initial installation of the pipeline on the Property. Upon HASCALL SURVEYS' completion of the preliminary survey and staking described in Paragraph 1, DUKE's approval of the proposed easement route, and upon receipt of the Temporary Easement from TIEFEL, DUKE shall, within a reasonable period of time thereafter, subject to potential delays caused by adverse weather conditions, commence the relocation of the existing pipeline described in Paragraph 1 above, and pursue the completion of the relocation of the pipelines as soon as practical. 3. Estimate. Within thirty (30) days from the mutual execution of this Agreement, DUKE shall deliver to TIEFEL an estimate of the cost of abandoning and removing the affected portion of the Existing Gathering Line and installing and constructing the Replacement Pipeline (the "Estimate"), which estimate shall include DUKE's administrative fees and legal costs. TIEFEL shall promptly raise any objections to the Estimate. If the Parties cannot resolve these objections, this.Agreement shall terminate and the Parties shall have no further obligations to each other except as set forth in the Existing ROW. If TIEFEL does not object to the Estimate, or upon resolution of any objections, the Estimate shall constitute the agreed estimate of the cost of removing and abandoning the affected portion of the Existing Gathering Line and constructing the Replacement Pipeline. Prior to commencement of the relocation procedures by DUKE, TIEFEL shall pay the estimated amount to DUKE. Upon completion of the Replacement Pipeline. DUKE shall advise TIEFEL of any differences between the Estimate and the actual costs incurred and the parties shall account to each other for any difference. 4. Perpetual Easement Upon completion of the relocation work by DUKE and receipt by DUKE of final payment from TIEFEL under the Pipeline Relocation Agreement, (i) DUKE will prepare and record in the real estate records of Weld County. Colorado, a written document in the form attached as Exhibit E, pursuant to Which grs Page 2 of 5 06/10/2003 TiE 11:13 FAX ^ ^ ?004/012 M1 96/11/2093 10:5? IC,281 PO4 DUKE terminates or quit claims its right to use that portion of the Existing Easement on the Property under Right of Way No. 1, which is to be abandoned and (ii)TIEFEL shall execute and record in the real property records of Weld County, Colorado, the Perpetual Pipeline Easement in the form of Exhibit D attached hereto (the "Perpetual Easement"). Within thirty(30) days of completion of the Replacement Pipeline, TIEFEL shall have prepared by a licensed surveyor and shall deliver to DUKE an "as built" survey of the Replacement Pipeline. The Perpetual Easement shall be based upon and refer to this final as-built survey. The Perpetual Easement will also provide that no buildings, structures, or other improvements shall be placed upon over, across or within the Perpetual Easement except landscaping (not to include trees), compatible utility lines located and separated at least ten (10) feet from the Replacement Pipeline and street and related,gµtter and sidewalk improvements,.without DUKE's prior-written consent. DUKE shall not, under any circumstances, be obligated to release the relocated portions of the Existing Easement (and TIEFEL shall not be obligated to execute the Perpetual easement) until DUKE has determined that the new pipeline has been properly constructed and that gas is successfully flowing through the relocated pipeline. Under no conditions shall DUKE be prevented from flowing gas through the existing pipeline system located upon the Property due to the relocation of the pipelines until all relocated pipelines are completed and operational. 5. Installation of New Pipeline and Removal of Portion of Existinq Pipeline. In connection with the relocation of the pipeline, DUKE agrees to install the same, in compliance with all applicable laws and regulations. Upon completion of the relocation of the pipeline, and subject to DUKE's reasonable satisfaction that the new pipeline is successfully flowing gas, DUKE shall cause the removal of that portion of its pipeline to be abandoned which currently cross the Property. 6. Covenant Running with Land. The parties agree that this Agreement and the benefits and burdens hereunder shall be binding upon and inure to the benefit of the parties hereto and their heirs, successors and assigns. This Agreement and all of the covenants in it shall be covenants running with the land and shall be binding on all parties who succeed to any interest which TIEFEL and/or DUKE has in the Property. Any subsequent sale of the Properly shall S subject>to the terms of this Agreement. 7. Default. In the event that the operations by either DUKE or TIEFEL are not at any time being conducted in compliance with this Agreement or either party commits any other breach of this Agreement, the defaulting party shall be notified in writing, delivered by certified mail or commercial overnight courier, of the facts relied upon as constituting a breach thereof, and that party, if in default, shall within thirty (30) days after receipt of such notice, cure such default. In the event the defaulting party does not cure such default within said thirty (30) day period, this Agreement may then be specifically enforced or damages obtained at the election of the non defaulting party and the defaulting party shall pay any and all reasonable attorney's fees of the other party. 8. Notices. Notices to parties shall be delivered as follows: r^ Page 3 of 5 06/10/2003 Ti]? 11;13 FAX ^ 005/012 06/11/2003 10:5? N0.281 P 5 1 A. DUKE: DEFS Energy Field Services, LP 1324 North 7th Avenue Greeley, Colorado 80631 Attn: James F. Kirkpatrick With a copy to: Thomas J. Kimmell Zarlengo & Kimmell, LLC _ 177§ $herroan Street, Suite 1375 Denver, Colorado 80203 B. TIEFEL: P,o.tex 1130 Senaasa, Ca 'La3aa 9. Integration Clause. Together with the exhibits referenced in this Agreement, this Agreement sets forth the entire understanding among the parties and supersedes any previous communications, representations or agreements, whether oral or written. No change of any of the terms or conditions herein shall be valid or binding on any parties unless In Writing and signed by an authorized representative of each party. 10. Indemnification. DUKE shall not be responsible for either the repair or replacement of, or any damages to, any improvements located within the easement area in connection with the relocation, operation and maintenance of DUKES pipeline and related facilities. TIEFEL hereby agrees to defend, indemnify, and hold DUKE (and its officers, directors, employees, successors and assigns) harmless as to all losses, claims, damages, demands, suits, causes of action. fines, penalties, expenses and liabilities, including, without limitation, reasonable attorneys' fees and other costs incurred by DUKE, arising out of or connected In any way with the relocation of the pipeline, unless DUKE is determined in a judicial or arbitration proceeding to have acted with grass negligence, in material breach of this agreement, or with willful misconduct, in which case no such indemnification obligation shall exist. 11. Recording.' Following execution of this Agreement, the new Easement(Exhibit D) and DUKE's Quitclaim (Exhibit E), once executed, shall be recorded in the real property records of Weld County, Colorado, and the parties agree that the recording of such documents is adequate notice to all buyers of land lying within the above described real property of the existence and location of the easement given to DUKE. Further, TIEFEL shall ensure that notification shall be made to DUKE and its One-Call c. system prior to commencement of any activities by him or under his direction, including, without limitation, construction, excavation, maintenance repair or landscaping activities on or over the Existing Easement and/or the New Easement. Page 4 of 5 06/10/2003 TUE 11:13 FAX ^ ^ ( 006/012 06/11/2003 10:5? N0.2$1 D06 12, No Joint Venture. This Agreement is not intended to, nor shall it be interpreted to create a joint venture, partnership or any other relationship between TIEFEL and DUKE, other than that of surface owner and easement holder. respectively. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written_ DUKEENERGY FIELD SERVICES, LP: LAND OWNER BY c e-e, ,'c By riff aC+4. es F. Kirkpat Douglas A. Tiefel Title: ."Yc b _ 1'"PacT Title: tW%LL`s_ r' ACKNOWLEDGEMENTS State of Colorado ) )ss. County of tax a° J,9Awas P The foregoing instrument was acknowledged before me this 2741 day of Novembor. 200q, by 71•007 bran/ as 49,7:00.-e ,,a2- of DUKE ENERGY FIELD SERVICES, LP, known to be the person described in and who executed the foregoing instrument, and who acknowledged to me that he executed the same. WITNESS my hand and official seal. o ry Public My Commission Expires V740-2401 State of Colorado ) )ss- County of CA.dae ) a7H » 't The foregoing instrument was acknowledged before me this 26th day of November* c9OO3 2002, by DOUGLAS A. TIEFEL, as LAND OWNER, a known to be the perrers described ts in and who executed the foregoing instrument, and who acknowledge :`Ype-tiiat•h . .;' . executed the same. WITNESS my hand and official seal. /�r1` '/ ______- Notary Public My Commission Expires 5/26/05 DuKE.EIROMMY.TIEMPPELIHEAGREEME147 Page 5 of 5 06/10/2003 TUE 11:14 FAX e°„ 1007/012 06/11'2003 10:57 N0.281 D07 WARRANTY 1}RED Grof1e1<'l- J Boa B, X$C., a Colorado Corporation ebstc edam h P.O. Bar 459, Georgetown Matto of Clear Creek ,Smwd Colorado 80644 far tit wmNepdasq( good and valuable conadder ratlaa.in had paid.5enby sou ad Goan/ ) o Boogie A. tidal to"e" a,bac legal da to b T.O. Bwa 17130. Boulder Comay of Boulder ^ad Setof Colorado 10308 the deg sal PoA'aV in dm Catmtyof Weld .end Swed Colorado.male 811181. Election 36. Towaship.3 North. Blatt 68 Weer of the 6th P.M. AND aE1, Section 36, Township 3 Borth, Basge 60 Vest of the 6th P.M. Together with. all Waver, water rights. ditch. ditch rights. end reservoir sad reaeryeir rights appurtenant thereto. • • dhw beta by Mat animate wbh aH(n emortemsamod emtas(.)the tide to the same,negat m restrictions, teaeraetiena, rights—o--way. flatmate. lessee, pooling agreeeeabm to, and notices of underground utilities of record. • AR. ,a .— 7"•••• f + 21st thy of Decmdber At2000 s�7, ' J m. D, j(PCa C outdo Catporat3oA Br -Ise 0 Rr�' 3. Bailey. Pros dent STATE OP=moo.oo. 77`` Camay at Jettoraon fi°' by Sailh President �r 777778�1,a Colt orado co a aver .� 2000 t'P ratios. u� , lily wmmieolas capita . Wi4.w my band and aloha 1 f.daMYCOµCawsat 7,2cau et re -a 6e.n'tamor. era MAW a ` y�y. "6'w. kw..I ws.rMw...n,nau.liaia yAa>ae1n.L • PT." lth EMU Str 06/10/2003 TUE 11:14 FAX Z008/012 06'11/2003 10:57 N0.291 D08 MOMS etllrrleQ0 7796A de 8utd isskswutne'wee. If as s R 10.00 0 0.00 Weld county CO WARRANTY DEED , TICS DEED, made on /004.4140 between Douglas A. Tiefel • of the Cainety of {tea.8 wrre .ac and accts of Colorado . grantor, and River Ruse Through It, LLC whose legal address is P.O. Dom 17130 Moulder, CO 80308-0130 of the IITTl!SSSTB, that the granter, for and l mads in aawidera it omoft l the sueo adn grantee. of Ten dollars and no Cone .. the receipt and suffie! of which if hereby fig' �Y bargain. se, has own, =dire acid and conveyed, and it these samisen forever, doe, grant. real p cell, coon, and induce unto the grantee,, ate heirs and assigns n the ell the zed property,n Vol wit]w i+gsi'evemawce, if • any, situate, lying and being in the County of Wald and State of Colorado draeeibedas fOllmvs, Sea Attached Legal Description a. Exhibit A AA blown by street and nvabers se. ..recent Lend ton with all and singular the hereditament. end appurtenances thereto beleeeging, or ipv�mse apse ea 3 and the reversion and reversions, remainder end tafndere, rests . , profit. thereof, and all the estate, right. title. interest, claim and demand whatacever of the granter. either in taw or equity, of, in sad CO the above bargained premises. with the hereditament. end appvwetmemoe.. TO 'rays: Arm TO Mom the maid ppremises above bargained and deaeribod, with the amw eptatt+nv. unto the grentce. his bells end assigns forever. And the grantor, for himself, a heir., and nececoal representatives, doe. torment. grant. aim std adred to sad wits f grantee, be la hie mei:me and Salami, WisestshoestConveyed, of the s.11.eaa and perfect, •of olute and indefeasible estate of inheritance, in lw, is fees wimple sea beegood eight. Millspa-ee • end lawful authority to grent, bargain, sell red convey the same is soarer and form se end that the asap ate free and•clear erns all dormer and otter =ante. bargains, sale, limns, tares. aaeeesmcnt., eac%*brdnpa and restrictions of whatever kind er mature namyer, act= • The grantor shall and will town nm FtRSvna mown the shone-bargained premise. in the quiet and peaceable po fan of the grantee, hie heirs and assign., again. 13. lint nnery poalee rhps sons-Lal. m lyclaiming the whole of say pert thereof. The singular amber mber shall all udedthe p P nsatar, and the use of any gender shall be Applicable to 11! r1`fmmoo lalraeor, the grantor has executed this deed on the date set forth above. • rittretirs+ Douglas A. Tints' • • • =re OF eakaa al sae County of� • The foregoing lenttreront l). before We ibis 21st day of December , 2000 by Douglas 'Mehl A. 'Mehl ri as my hand and Licht' meal. twos rem C. ' G-7-2e»9 [t * t public sd massy. D. J +� f1J- l7. 1 T/P / .Z .r r.. nee all/ 7 06/10/2003 TUE 11:14 FAX 2009/012 06�L12d03 10:57 - , ••_• bO.281 P09 :81648{ 1 0/11106 r11d6A J Id Ta A ultuaito of 2 R 10.00 0 0.00 Weld County CO EXHIBIT "A" A Parcel of Land located in the SE 1/4 of Section 36, Township 3 North, Range 68 West of the 6th P.K., county of Weld, State of Colorado more particularly described as follows: Beginning at the SE Corner of Section 36, Township 3 North, Range 68 West of the 6th PM, from whence the E 1/4 Corner of avid Section 36 bears N01°32'16°E, and with all other bearings contained herein relative thereto; • • Thence S89°SB'23"w along the South line of the S3 1/4 of Sectin 36 a distance of 2627.04 feet to the S 1/4 Corner of said Section 36; Thence N01°27'31. 2 along the West line o₹ the SE 1/4 of Section 36 a distance of 1283.91 feet; Thence $81°37.17"E a distance of 58.13 feet; Thence N53°51'06•3 a distance of 140.68 feet; Thence N59033'10•E a distance of 512.79 feet; Thence S68°58'57"E a distance of 75.33 feet; Thence S49°16'02"E a distance of 205.50 feet; Thence S72046'52'E a distance of 198.53 feet; Thence S84°55'28"E a distance of 102.48 feet; Thence 268.49 feet along the arc of a Curve to the left, said arc having a radius of �. 300.00 test,' a central angle of 51°16'39", and whose chord bears NC9°26'13.3 259.62 feet; Thence $43°47'53"E a distance of 77.93 feet; Thence 246.68 feet along the arc of curve to the left, said arc having a radius of 500.00 feet, a central angle of 26°16'04•, and whose chord bears N29°39'51"E 244.19 Peet; Thence R15°31.49"E a distance of 142.74 feet; Thence N08°3s'07°E -a distance of 182,55 feet; Thence N36°24'29°E a distance of 170.49 feet, Thence $66°09.41.8 a distance of 285.60 feet; Thence NBB•40'32"E a dietanee of 680.86 -feet to the Eaat ',tine of the SE 1/4 of said Section 36; - Thence along said East line of said SE 1/4 S01°32'16.8 a distance of 2343.90 feet to the SR Corner of Section 36, said SE Corner elect being the Point of Beginning. ..*.+;i. 011 - ..43te.ea,, WAse4: P. t4,e rri Ouo, zcm.V ;Ode intitiLh C4.erta.4 C*is NT ta A4 , T A 06/10/2003 TUE 11:14 FAX Z010/012 66/11/2083 10:57 N0.281 010 E /'` <4 (T_ 0 Q C (*,,et R.�i► 589"43'45"E 2632.27' * t% 01I I IC WV Tr: alli I 50.00 J� •� I I Cr4 � CI . CJ , A • r . A ci Ci ! M Mai • \ • `� F.� Lei Mal in :°" "Tilingbiliiii°4 r tatl L ...---I-14i `.-7. aintr Ns eaSCAMar "-r ey rj • w MiMseel nim • NU M Mt II r 1 I \K Q I r oa . Ara Thom n e^ �7 0 r 'art Q 06/10/2003 TiE 11:14 FAX 1011/012 06,11/2003 10:57 1 .281 P11 7 FROM : HRSCFLL sise.sEi5 n FAX NO. : 19726:L,9234 Sari. 22 2[143, 01:MPH P1 C 1154LE-05.DOC HASCALL SURVEYS INC. LAND SURVEYORS P.O. BOX 928-309 MOUNTAIN AVENUE SUITE 202 BERTHOUD Co 80513 •(970)532-9824(P)&(F) January 22.2003 PELICAN SHORES DUKE GAS EASEMENT LEGAL DESCRIPTION: A STRIP OF LAND TWENTY FEET IN WIDTH LOCATED IN THE SOUTH ONE-HALF OF THE NORTHEAST QUARTER AND THE SOUTHEAST QUARTER OF SECTION THIRTY-SIX, TOWNSHIP THREE NORTH, RANGE SIXTY-EIGHT WEST OF THE SIXTH PRINCIPAL MERIDIAN. COUNTY OF BOULDER, STATE OF COLORADO, SAID STRIP BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF THE SOUTH ONE-HALF OF THE NORTHEAST QUARTER OF SECTION THIRTY S(X, TOWNSHIP THREE NORTH, RANGE SIXTY-EIGHT WEST OF THE SIXTH PRINCIPAL MERIDIAN, FROM WHENCE THE NORTHEAST CORNER OF THE SOUTH ONE-HALF OF THE NORTHEAST QUARTER OF SAID SECTION THIRTY-S0(BEARS S89`A3'45"E, 1225.90 FEET AND WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO: THENCE S25°19'40"E A DISTANCE OF 35.05 FEET;THENCE 587°44'12"E A DISTANCE OF 60.48 ft I.THENCE WITH A CURVE TURNING TO THE RIGHT WITH AN ARC LENGTH OF 407.00 FEET,A RADIUS OF 500,00 FEET, WITH A CHORD BEARING S64°25'02."$,A CHORD LENGTH OF 395.85 Fttt,AND A CENTRAL ANGLE OF 46°38'18'; THENCE S41°05'53"E A DISTANCE OF 183.85 FEET;THENCE WITH A CURVE TURNING TO THE RIGHT WITH AN ARC LENGTH OF 154.78 FEET,A RADIUS OF 450.00 FEET, WITH A CHORD BEARING S31'14'40-E,A CHORD LENGTH OF 154.02 FEET.AND A CENTRAL ANGLE OF 19`.4225";THENCE S21-23'28"E A DISTANCE OF 79.38 FEET; THENCE$69-5o'36"E A DISTANCE OF 22.07 FEET; THENCE S14"1 229"E A DISTANCE OF 223.87 FEET;THENCE SO4`01'oT'W A DISTANCE OF 80.07 FEET: THENCE N87°34'4,"F A DISTANCE OF 376..29 FEET:THENCE WITH A CURVE TURNING TO THE RIGHT WITH AN ARC LENGTH OF 820 FEET,A RADIUS OF 5.00 FEET, WITH A CHORD BEARING 545°26'31'E,A CHORD LENGTH OF 7.31 FEET, AND A CENTRAL ANGLE OF 93°5735": THENCE S01'32'16"W A DISTANCE OF 219.70 FEET; THENCE S44-54.30'W A DISTANCE OF 85.02 FEET;THENCE Sol°32'27"W A DISTANCE OF 230,24 FEET;THENCE S82°37'49'W A DISTANCE OF 365,48 FEET;THENCE N25°47S3'WA DISTANCE OF 21.08 FEET;THENCE N82`3T49-E A DISTANCE OF 355.04 FEET; THENCE N01"3227"E A DISTANCE OF 221.08 FEET;THENCE N44"54'30"E A DISTANCE OF 65.02 FEET: THENCE NO "32'16"E A DISTANCE OF 195.68 FEET; THENCE S87.34'41"W A DISTANCE OF 382.60 FEET;THENCE N04`O1'07"E A DISTANCE OF 89,24 FEET:THENCE N14'12'29-WA DISTANCE OF 210.10 FEET;THENCE N69`50'36"W A DISTANCE OF 20.51 FEET:THENCE N21°23'29"W A DISTANCE OF 88.38 FEET;THENCE 1 II EON%rd,r a 06/10/2003 TLE 11:14 FAX ., ?012/012 06/11/2503 10:57 N0.281 D12 ,FR0f1 : Nr4SCALL SURT.M'S II IG FHX NO. : 1970532.9M-1 fan, ��,.. ?59'3 of a e2,pri �+ WITH A CURVE TURNING TO THE LEFT WITH AN ARC LENGTH OF 147,90 FEET,A RADIUS OF 430.00 FEET, WITH A CHORD BEARING N31`14'40"W, A CHORD LENGTH OF 147.17 FEET,AND A CENTRAL ANGLE OF 19'4225'•; THENCE N41°05'98"W A DISTANCE OF 183.85 FEET; THENCE WITH A CURVE TURNING TO THE LEFT WITH AN ARC LENGTH OF 300.72 FEET,A RADIUS OF 480.00 FEET, WITH A CHORD BEARING N64-25.021N, A CHORD LENGTH OF 380.02 FEET,ANDA CENTRAL ANGLE OF 46"38'18": THENCE N87`44'12"W A DISTANCE OF 72.60 FEET; THENCE N25"19'40"W A DISTANCE OF 56,74 FEET TO THE NORTH LINE OF THE,SOUTH ONE-HALF OF THE NORTHEAST QUARTER OF SAID SECTION THIRTY-SIX:THENCE ALONG SAID NORTH UNE, 889'43'45'E A DISTANCE OF 22.181-t b I TO THE POINT OF BEGINNING. THUS DESCRIBED STRIP OF LAND CONTAINS 50028 SQUARE FEET OR 1,148 ACRES MORE OR LESS. efiakiktifttx A. MICHAEL HASCALL, COLO. PLS. NO.23500 a 23500 Vim n n DATE /-2 Z-3 V Alt 1st SURFACE USE AGREEMENT This Surface Use Agreement ("Agreement") is made this day of July, 2002, and is between Ken McGee Rocky Mountain Corporation ("KMG") with an address of 1999 Broadway, Suite 3600, Denver, CO 80202, and River Run Through It, LLC with an address of 12460 First Street, Eastlake Colorado 80614.and Douglas A. Tiefel with an address of (together referred to herein as "Surface Owner"). A. Surface Owner owns that certain tract of land more particularly described on Exhibit A attached hereto, being a portion of the SE/4 of Section 36, Township 3 North, Range 68 West, Weld County, Colorado (hereinafter referred to as the "Property"), River Run Through It, LLC owning that portion of the Property lying north of the south bank of the St. Vrain Creek and Douglas A. Tiefel owning that portion of the Property lying south of the south bank of the St. Vrain Creek; B. Surface ownership of the Property is subject to the rights of the oil and gas mineral leasehold estate, a portion of which is now owned by KMG; C. Surface Owner plans to develop the surface of the Property as a residential subdivision known as"Pelican Shores"; D. KMG has the right to develop its oil and gas leasehold estate by continuing operations with respect to existing wells on the Property P p p rty (the "Existing Wells") and by drilling additional wells on the Property (the"Future Wells"); and E. This Agreement sets forth the parties' rights and obligations regarding the relationship between the development of the Property by Surface Owner and KMG's operation and development of its oil and gas leasehold estate, such rights and obligations to be binding upon the parties' successors and assigns. In consideration of the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. AREA RESERVED FOR EXISTING AND FUTURE WELLS. Surface Owner shall provide KMG the spaces designated on Exhibit A for the Existing Wells and Future Wells (the "Oil and Gas Operation Areas") for any operations conducted by KMG in connection with Existing Wells and any Future Wells, including, but not limited to, production activities, workovers, well deepenings, recompletions, fracturing and replacement wells. Except for the space included within the Oil and Gas Operations Areas, and including the access roads and all access and necessary easements associated with flowlines, gathering lines and pipelines as provided in this Agreement, KMG shall not occupy the surface of the Property for any Future Wells except in the event of an emergency or for reasonable incidental, temporary and non-damaging activities, and KMG shall be strictly and solely responsible for any damages that may occur as a result of KMG's activity on such portions of the Property. • 2. WELL LOCATIONS. KMG shall have the right to drill Future Wells within the Oil and Gas Operation Areas, including horizontal and directional wells that produce from and drain lands other than the Property provided such lands are validly pooled with all or any portion of the lands included in ICMG's oil and gas lease covering the Property, and so long as such locations are permitted locations under the then applicable well spacing regulations of the Colorado Oil and Gas Conservation Commission ("COGCC") or exceptions granted thereto by the Director of the COGCC, and the Surface Owner shall not protest or object to any such exception location. KMG shall not otherwise have the right to drill new wells on the Property. 3. SETBACK REQUIREMENTS. The Oil and Gas Operation Areas are more particularly described on the attached Exhibit A. Surface Owner will not locate any building or structure within the Oil and Gas Operation Areas. ICMG's operations within the Oil and Gas Operation Areas shall include all reasonably necessary use of the surface, including access to such Areas as shall be mutually agreed upon by the Parties for use of the surface for maintenance, well deepenings, recompletions, workovers, fracturing and other production activities required for reasonably prudent operations of the Existing Well and any Future Wells. Surface Owner understands and acknowledges that the COGCC has rules and regulations that apply to the distance between a wellhead and public roads, production facilities, building units and surface property lines, among other things. Surface Owner hereby waives all setback requirements in the COGCC Rule 603, or any successor rule or amendment to the COGCC setback rules, and to any other state or local setback requirements or other requirements or regulations that are or become inconsistent with this Agreement or that would prohibit or interfere with the rights of KMG its successors and assigns, to explore for and produce the oil and gas in accordance with this Agreement. Surface Owner understands, and should inform subsequent owners of the Property or any portion thereof,that KMG or its successors and assigns may cite the waiver in this paragraph in order to obtain a location requirement exception or variance under COGCC rules or from a local jurisdiction consistent with the operations within the Oil and Gas Operations Areas as contemplated by this Agreement. Surface Owner agrees not to object to the use of the surface in the Oil and Gas Operations Areas consistent with this Agreement and that it will provide KMG or its successors and assigns with whatever written support they may reasonably require to obtain permits from the COGCC or any local jurisdiction. 4. EXISTING PIPELINES. The current development plans require the relocation of an existing pipeline now located on the Property (hereinafter referred to as the "Existing Pipeline). Surface Owner shall have the right to make written requests to KMG to relocate any such lines, provided KMG shall have a reasonable amount of time to complete such relocations and all costs shall be borne by Surface Owner. Surface Owner shall enter into a Pipeline Relocation Agreement with Kerr-McGee Gas Gathering, LLC prior to relocating the existing pipeline. 5. ACCESS. Surface Owner shall provide to KMG all necessary easements for access to Oil and Gas Operation Areas. Such access shall be mutually agreed upon by the Parties and shall be of sufficient scope to allow KMG to conduct the operations contemplated for any Future Wells. The access roads to be used by KMG will be those roads either that are in place or those that are anticipated to be constructed by Surface Owner at Surface Owner's sole cost and expense as part of Surface Owner's development of the Property. 6. BATTERIES AND EQUIPMENT. KMG shall have the right to locate, build, repair and maintain tanks, separators, dehydrators, compressors and other equipment reasonably appropriate for the operation and production of any Future Wells only within the Oil and Gas Operations Areas on Exhibit A. With respect to KMG's equipment and facilities other than flowlines: a. KMG shall install and maintain, at its sole cost and expense, all fences around the Existing Well and any Future Wells in compliance with the Rules and Regulations of the COGCC or as are mutually agreed to by Surface Owner and KMG; b. KMG shall install and maintain, at its sole cost and expense, all gates and locks necessary for the security of any wells or facilities in the Oil and Gas Operations Area. Such gates and locks shall be the standard gates and locks used by KMG ; c. KMG shall paint any production facilities for any wells, including wellhead guards, with paint that is approved by the COGCC; and d. Surface Owner shall not inhibit KMG's access to the Oil and Gas Operation Areas or inhibit ICMG's operations within the Oil and Gas Operation Areas by landscaping or other improvements, unless otherwise agreed upon between Surface Owner and KMG; 7. FLOWLINES AND PIPELINES KMG shall have the right to replace any and all flowlines, gathering lines and pipelines for gas and liquids, including replacement of any future lines as provided herein, necessary in connection with KMG's production and transportation of oil and gas from any wells on the Property. KMG shall not, without the prior written consent of Surface Owner, have the right to lay additional flowlines or pipelines on the Property, except as provided for in the easements granted in this paragraph and shown on Exhibit A. All flowlines and pipelines shall be located at a depth of approximately 48 inches from the surface. The construction and burying of additional flowlines, gathering lines and pipelines shall be at the sole cost and expense of KMG or its gas purchaser. Should Surface Owner request any future or additional relocation of existing flowlines or pipelines, or request relocation of any flowlines or pipelines hereinafter constructed on the Property, and KMG agrees to such relocation, Surface Owner shall be responsible for any and all relocation costs. Surface Owner shall maintain a minimum of 48 inches and not more than 72 inches of cover over all pipelines and flowlines during any of Surface Owner's operations. 8. NOTICE OF FUTURE OPERATIONS. KMG shall provide at least seven days prior written notice to Surface Owner of any operations in connection with the reworking, fracturing, deepening or other operation on the Exiting Well or any Future Wells; provided, however, that KMG shall provide at least 30 days prior written notice to Surface Owner and/or any association formed by Surface Owner that is associated with the Property of the drilling of any Future Wells. Regardless of the foregoing notice requirements, KMG shall have immediate access in the event of an emergency. The notification of operations shall describe the following: 1. The proposed starting date for the proposed activity; 2. The proposed operations to be performed at the site; 3. The approximate duration of the proposed activities. Not less than five working days prior to KMG's mobilization on the applicable Oil and Gas Operations Areas, either KMG or Surface Owner may request an on-site meeting. The purpose of the meeting shall be to inform Surface Owner of the expected activity and to coordinate site access, hazards, barricades, restoration or any other issues that affect the use of and the safety of Surface Owner's development. 9. NOTICES TO HOMEOWNERS AND BUILDERS. Surface Owner shall furnish all buyers of the Property from Surface Owner with a plat or map showing the Oil and Gas Operation Areas. In addition, Surface Owner shall provide notice to all builders, homeowners and other buyers of the Property from Surface Owner and the homeowner associations that: a. Such buyers are not purchasing and do not own any interest in the oil and gas mineral estate; b. There may be ongoing oil and gas operations and production in the Oil and Gas Operation Areas on the surface of the Property; c. There are likely to be additional Future Wells drilled and oil and gas operations and production from the Oil and Gas Operation Areas that affect the surface of the Property; r d. Future purchasers of all or a portion of the Property, as successors in interest to Surface Owner, will be acquiring a proportionate interest in Surface Owner's rights under this Agreement and assuming those obligations undertaken by Surface Owner pursuant to this Agreement; and e. Homeowner associations and buyers of individual lots or homes, as successors in interest to Surface Owner, will be acquiring a proportionate interest in Surface Owner's rights under this Agreement, and will be subject to the waivers contained in Sections 11 and 12 and the covenants contained in Section 3 prohibiting the location of any building or structure within the Oil and Gas Operation Areas and waiving objection to any setback rules of the COGCC or any local jurisdiction. 10. DRILLING AND COMPLETION OPERATIONS. KMG shall endeavor to diligently pursue any drilling operations to minimize the total time period and to avoid rig relocations or startup during the course of drilling. Surface Owner waives any objections to continuous (i.e., 24-hour) drilling operations. Surface Owner also waives any right to require that wellhead or production equipment be located in conformance with any setback requirements (including but not limited to those concerning any "high density" Rules of the COGCC) that are more restrictive than those specified in Section 9 or as depicted on Exhibit A. Subject to the waiver of setback requirements as set forth above, KMG shall conduct its operations in compliance with the provisions of the Rules and Regulations of the COGCC set forth in Rule 603. 11. GOVERNMENTAL PROCEEDINGS. Surface Owner shall not oppose KMG in any agency or governmental proceedings, including but not limited to the COGCC, Weld County, or other governing body proceedings, related to KMG's operations on the Property, including but not limited to drilling, workovers, well deepenings and recompletions, provided that KMG's position in such proceedings is consistent with this Agreement. 12. LIMITATION OF LIABILITY,RELEASE AND INDEMNITY. a. No party shall be liable for, or be required to pay for, special, punitive, exemplary, incidental, consequential or indirect damages to any other party for activities undertaken within the scope of this agreement; b. Except as to claims arising out of pollution or environmental damage (which claims are governed by Section 13 below) or out of other provisions of this Agreement (which claims shall be governed by the terms of this Agreement), each party shall be and remain responsible for all liability for losses, claims, damages, demands, suits, causes of action, fines, penalties, expenses and liabilities, including without limitation attorneys' fees and other costs associated therewith (all of the aforesaid herein referred to collectively as "Claims"), arising out of or connected with each such party's ownership or operations on the Property, no matter when asserted, subject to applicable statutes of limitations. Each such party shall release, defend, indemnify and hold the other parties, their officers, directors, employees, successors and assigns, harmless against all such Claims. This provision does not, and shall not be construed to, create any rights in persons or entities not a party to this Agreement, nor does it create any separate rights in parties to this Agreement other than the right to be indemnified for Claims as provided herein; c. KMG shall have the right to file an operator's lien against other owners of the oil and gas leasehold interest to recover amounts owed to KMG ; and d. Upon the assignment or conveyance of a party's entire interest in the Property, that party shall be released from its indemnification in Section 12.b. above, for all actions or occurrences happening after such assignment or conveyance. 13. ENVIRONMENTAL INDEMNITY. The provisions of Section 12 above, except for Section 12.a., shall not apply to any environmental matters, which shall be governed exclusively by the following, subject to the limitations of Section 12.a. above: a. "Environmental Claims" shall mean all Claims asserted by governmental bodies or other third parties for pollution or environmental damage of any kind, arising from operations on or ownership of the Property or ownership of the oil and gas leasehold interest., whichever is applicable, and all cleanup and remediation costs, fines and penalties associated therewith, including but not limited to any Claims arising from Environmental Laws or relating to asbestos or to naturally occurring radioactive material. Environmental Claims shall not include the costs of any remediation undertaken voluntarily by any party, unless such remediation is performed under the imminent threat of a Claim by a governmental body or other third party; b. "Environmental Laws" shall mean any laws, regulations, rules, ordinances, or order of any governmental authority(ies), which relate to or otherwise impose liability, obligation, or standards with respect to pollution or the protection of the environment, including but not limited to, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (42 U.S.C. § 9601 et seq.), the Resource Conservation and Recovery Act of 1976 (42 U.S.C. §§ 6901 et seq.), the Clean Water Act (33 U.S.C. §§ 466 et seq.), the Safe Drinking Water Act (14 U.S.C. §§ 1401-1450), the Hazardous Material Transportation Act (49 U.S.C. §§ 1801 et seq.), the Clean Air Act, and the Toxic Substances Control Act(15 U.S.C. §§ 2601-2629); and c. Environmental Indemnification. KMG shall protect, indemnify, and hold harmless Surface Owner, homeowners association and any lot owner who purchases a lot from Surface Owner from any Environmental Claims relating to the Property or oil and gas leasehold thereunder that arise out of KMG's ownership and operation of the Oil and Gas Operations Area or KMG's ownership and operation of its pipeline easement or rights-of-way on the Property. Surface Owner shall fully protect, indemnify and hold harmless KMG and its gas and oil purchasers from any and all Environmental Claims relating to the Property that arise out of Surface Owner's development of the Property. 14. EXCLUSION FROM INDEMNITIES. The indemnities of any party herein shall not cover or include any amounts, which the indemnified party may recoup from any third party, or that for which the indemnified party is reimbursed by any third party. The indemnities in this Agreement shall not relieve any party from any obligations to third parties. 15. NOTICE OF CLAIM FOR INDEMNIFICATION. If a Claim is asserted against a party for which another party would be liable under the provisions of Section 12 or 13 above, it is a condition precedent to the indemnifying party's obligations hereunder that the indemnified party give the indemnifying party written notice of such Claim setting forth all particulars of the Claim, as known by the indemnified party, including a copy of the Claim (if it is a written Claim). The indemnified party shall make a good faith effort to notify the indemnifying party within five days of receipt of a Claim and shall affect such notice in all events within such time as will allow the indemnifying party to defend against such Claim. 16. REPRESENTATIONS. Each party represents that it has the full right and authority to enter into this Agreement. KMG does not represent that it has rights to settle matters for all of the mineral owners in the Property, and this Agreement shall only apply to and bind the KMG leasehold interest in the property. 17. SUCCESSORS. The terms, covenants and conditions hereof shall be binding upon and shall inure to the benefit of the parties and their respective heirs, devises, executors, administrators, successors and assigns; provided, as to KMG, successors and assigns shall be deemed to be limited to lessees under the oil and gas leases which KMG owns. 18. TERM. This Agreement shall become effective when it is fully executed and shall remain in full force and effect until KMG's leasehold estate expires or is terminated, and KMG has plugged and abandoned all wells owned all or in part by KMG and complied with the requirements of all applicable oil and gas leases pertaining to removal of equipment, reclamation, cleanup and all other applicable provisions of the leases and existing laws and regulations. When this Agreement ceases to be in full force and effect, the parties shall execute any and all releases necessary to evidence the fact that this Agreement shall no longer apply to the Property. 19. NOTICES. Any notice or other communication required or permitted under this Agreement shall be sufficient if deposited in U.S. Mail,postage prepaid, addressed to each of the following: If to KMG: Kerr-McGee Rocky Mountain Corporation 1999 Broadway, Suite 3600 Denver, Colorado 80202 Attention: Denver Basin Land Manager If to Surface Owner: Any party may, by written notice so delivered to the other parties, change the address or individual to which delivery shall thereafter be made. 20. RECORDING. This Agreement, any amendment hereto, and any release entered into pursuant to Section 18 above, shall be recorded by KMG, which shall provide the other parties with a copy showing the recording information as soon as practicable thereafter. 21. SURFACE DAMAGES. In consideration of the parties' rights and obligations, as outlined herein, this Agreement shall constitute the agreement for surface damages required pursuant to the COGCC's Rules and Regulations. 22. ARBITRATION. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be resolved by arbitration conducted in Denver, Colorado and shall be administered by the American Arbitration Association under its commercial rules, and judgment on the award rendered by the arbitrator(s)may be entered in any court having jurisdiction thereof. 23. APPLICABLE LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado,without reference to its conflict of laws provisions. 24. ENTIRE AGREEMENT. This Agreement sets forth the entire understanding among the parties hereto regarding the matters addressed herein, and supersedes any previous communications, representations or agreement, whether oral or written. This Agreement shall not be amended, except by written document signed by all parties. 25. EXECUTION AND BINDING EFFECT This Agreement may be executed in any number of counterparts each of which shall be deemed an original instrument but all of which together shall constitute one and the same instrument, and shall be binding upon and inure to the benefit of the parties, and each of their respective heirs, executors, administrators, successors and assigns and is executed by the parties as of the Effective Date set forth above. The parties have executed this Agreement on the day and year first above written. KERR MCGEE ROCKY MOUNTAIN CORPORATION By: JAMES P. WASON, Attorney-in-fact SURFACE OWNER By: Its: Acknowledgments STATE OF COLORADO ) CITY AND )ss. COUNTY OF DENVER ) The foregoing instrument was acknowledged before me this day of July 2002, by JAMES P. WASON, as Attorney-in-Fact of Kerr McGee Rocky Mountain Corporation, on behalf of such corporation. Witness my hand and official seal. (SEAL) Notary Public My Commission Expires: STATE OF COLORADO ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of July 2002, by as for Columbine Land Resources, Inc.,a Colorado corporation. Witness my hand and official seal. (SEAL) Notary Public My Commission Expires: r 06/05/2003 THU 14:20 FAX ?027/036 1.1111111111111111111111111111111 011111-111 1111101111 3043682 03121/2003 11:07A Weld County, CO 1 of 3 R 15.00 D 0.00 Steve Moreno Clerk&Recorder PROJECT: I:25 Corridor Project 682 ACCESS EASEMENT River Runs Through It,LLC, Grantor,in consideration of One Dollar ($1,00)and other good and valuable consideration to Grantor in hand paid by TRI-STATE GENERATION AND TRANSMISSION ASSOCIATION, INC.,P.O.Box 33695,Denver,Colorado 80233,Grantee,the receipt whereof is hereby acknowledged,hereby grants, bargains,sells,conveys and confirms unto Grantee,its successors and assigns,a perpetual nonexclusive access easement on,over and across thc following described premises located in Section 13,Township I North, Range 68 West, 6th PM.,County of Weld,State of Colorado,to wit: AN ACCESS AS SHOWN ON EXHIBIT"A" ATTACHED HERETO AND MADE A PART HEREOF. The Grantor reserves the right to use and occupy the casement for any purpose consistent with the rights and privileges above granted and which will not interfere with the roadway therein or use thereof. Such reservations by the Grantor shall in no event include the right to erect or cause to be erected any building or structures.Grantor may relocate any such road(s)or trail(s),provided that access to the above described right-of-way,satisfactory to thc Grantee, is maintained. In case of permanent abandonment of the easement all right,privilege and interest granted shall terminate. Signed this I. day of MASON ,2003 GRANTOR: Doug Tidal,Manager River Runs Through It,LLC • ACKNOWLEDGEMENT STATE OFC:aG.a. ics ) )ss.: COUNTY OF w¢C err ) is The foregoing instrument was acknowledged before me this / y day of /724..—c. , 20 3,by O 4.10.- "'Cep—t_ in the County of w.z I State of Cd 4,.e�o _ // Notary Publi,. My commission expires: ,r/.. �2 moS Witness my hand and official sea . --• 040N e \ [S E ....0=A .4,1-.,,II jYF9itit / . 0 i • i 4 . ��1 %.5.1811-N sta•.`B�`G• -Pop' INQtnniteebeEvI es04,30"1005 06/05/2003 THU 14:20 FAX ?028/036 I IIIIIIhIIIUlIIIII III I I I I IlLiti III IIIII III!IIII • 3043682 03/21/2003 11:07A WeInoen , Co 2 of. 3 R 16.00 D 0.00 Steve Moreno Clerk&Recorder Exhibit A Page 1 of 2 A ship of land 25.00 feet in width located in the Southeast Quarter of Section 36, Township 3 North, Range 68 West of the 6th Principal Meridian, County of Weld, State of Colorado,more particularly described as follows: Basis of bearing is S00°14'I3"E from the East Quarter corner of said Section 36, as monumented by a found 2" aluminum cap, LS 23500 in a range box, a distance of 2651.26 feet to the Southeast corner of said Section 36, as monumented by a found 2- 1/2"aluminum cap,PLS 28656,in range box; Commencing at said East Quarter corner of Section 36, as monumented by a found 2" aluminum cap, LS 23500; Thence 505°06'45"W a distance of 321.80 feet to a point that is 30.00 feet westerly of the easterly line of said Southeast Quarter of Section 36, said point being the Point of Beginning of a strip of land that is 25.00 feet in width, being 12.50 feet on the each side of the following described line; Thence 589°45'47"W a distance of 76.70 feet to a point that is 106.70 feet westerly of said easterly line of the Southeast Quarter of Section 36; Thence SOO°14'13"E parallel with and 106.70 feet westerly of said easterly line of the Southeast Quarter of Section 36 a distance of 221.27 feet; Thence S34°27'29"E a distance of 59.94 feet to a point that is 72.99 feet westerly of said easterly line of the Southeast Quarter of Section 36, being the Point of Terminus, whence said Southeast corner of Section 36 bears S02°15'58"E a distance of 2061.33 feet; The sidelines of said strip shall be extended or shortened to intersect the line that is 30.00 feet westerly of and parallel with the easterly line of the Southeast Quarter of Section 36 and at all angle points. The area of said strip is 8,948 square feet, or 0.205 acres, more or less. Total centerline length is 358 feet,more or less. 4p,, .. FAG/Sl Kenneth A. Perry,P.L.S. 25961 :e73-4. Date For and on behalf of David Evans and Associates,Inc. :� ,8 -5 -O14- Leiroi*AL 110 PATGTA0000-.0002\TGTA0002-1\DweAecess_Easements\P.CCESMTj14.doc 02/04/03 06/05/2003 THU 14:20 FAX ?029/036 I! EXHIBIT •A • SHEET 2 OF 2 N. UNE SW 1/4...-..-..-..-..-.... .._ 31 POINT OF 5 05'06'45" W I I CO 1�NT 321.80' E. 1/4 CORNER SEC. 36. ,II I I I T 3N, R 68W, 6th PM 1 S 89'45'47" W I I I p 3500 D 2 IN RANGE BOX 76.70' I I I PARCEL A I C- P POINT OF BEGINNING i �— ,I S 00'14'13" E ! I Cc� PARCEL B 22 r.zT I!f� I I �": it 25� 1125 �GH 12.5' Ili I 1 I ��c 'I! I ACCESS EASEMENT r- I 8,948 sq.ft. .!3! II , 0.205 acres NM= I S 34'27'29" E� — 59.94' E Ij — I . S c ' S 02'15'58" E....._______..1 i : I POINT OF TERMI NUS °"-.-€ 2061.33' 1 I h--f 30' ^F17 __ I 30' _gc _� - --- II - ^ -OASIS OF BEARINGS 0 680 PEC 1602115 ti I C. UNE SE 1/4 SEC. 36 50' GAS EASEMENT 1 \ I • T 3N., R 68W., 8th PM APROX. _OCATION II . II I j I I S 00'14'13" E 2651.26' 11 I . I I' I7 I •I II I .IIi I MI FUTURE ROAD R.O.W. LINE N pi 0 IC ( I .0......0..... x200a ,w I ,00 lib, I I I I 1 Snell . 200 Si I l I SE CORNER SEC. 36, H I I T 3N, R 68W, 6th PM zn• flan o_i /v" at- or c vncRc 06/05/2003 THU 14:20 FAX ?030/036 11110111111111111111111111 IIII AIM 11111011 1111 3043681 03/21/2003 11:07A Weld County, CO 1 of 6 R 31.00 D 0.00 Steve Moreno Clerk 6 Recorder EASEMENT Project: 1-25 Corridor Project Parcel: 0040 681 KNOW ALL MEN BY THESE PRESENTS: 1. That the undersigned River Runs Through It, LLC, Doug Tiefel, Manner (hereinafter called Grantor), in consideration of the sum of Ten Dollars ($10.00) and of the further agreements, compensation and considerations herein stated, receipt of which is hereby acknowledged, does hereby grant to TRI-STATE GENERATION AND TRANSMISSION ASSOCIATION,INC., of Adams County, Colorado (hereinafter called Grantee) and to its agents, members, successors and assigns, an easement and right-of-way for the erection, construction, reconstruction,replacement,modifications,uprating, upgrading,removal,maintenance and operation of electrical transmission lines, including but not limited to fiber optic cables, structures, poles, towers, wires,cables, footings,foundations,cross-arms and other equipment and fixtures,supporting one or more electrical circuits, and facilities, equipment and systems used or useable for the transmission of electricity, with right to alter, repair, maintain, upgrade, and remove the same in whole or in part at any time, on, over, under and across the easement and right-of-way which is situated in Weld County, in the State of Colorado and described on the attached Exhibit A. 2. That Grantee shall also have the right of ingress and egress across Grantor's property for any purpose necessary in connection with the erection,construction,reconstruction,replacement, upgrade, removal, maintenance and operation of said lines and facilities, and that such right of ingress and egress shall be considered a covenant which runs with the land. Such ingress and egress shall be exercised in a reasonable manner. 3. That Grantor covenant and agrees he/she is the owner of the above-described lands, and the rights granted herein are subject only to easements of record or in use, as well as outs mineral rights of record in third parties. Grantor further covenant that any subsequent q grantees w o w`s arc granted any interest in the rights-of-way conveyed herein will be required to enter into a joint use Cow ay and maintenance agreement with Grantee, and that this covenant shall be deemed to run with the cot land. titwl t3 at way control,by chemical means,machinery or otherwise, any and all trees,brush and shrubbery whether on the rights-of-way described herein, or adjacent thereto, which now or hereafter, in the sole and exclusive opinion of Grantee, may interfere with the safe construction, operation and maintenance of the lines and facilities, and the equipment used in connection therewith. 5. That Grantee shall also have the right to install,maintain and use gates in all fences which now or might hereafter cross or be adjacent to the rights-of-way conveyed herein. — 1 — 06/05/2003 THU 14:20 FAX [ 031/036 IIIIII11111111111111111IIII_IIII lllull1111111111111111 . 3043681 03/21/2003 11:07A . Wid County, Ca 2 of 6 R 31.00 D 0.00 Steve Moreno Clerk& Recorder ea- 6. That Grantee shall at all times exercise due care and diligence to avoid damage to the fences, crops, livestock and other personal property on said real property and shall repair or pay the undersigned for any and all damage to said fences, crops, livestock and other personal property caused by Grantee's agents or employees while performing construction or maintenance work on said rights-of-way. 7. The Grantor shall have the right to cultivate, graze, use,occupy and have access to and across the easement area described herein for any purposes which will not constitute a hazard to life or limb,or interfere with any of the rights and privileges herein granted to the Grantee. Unless written permission is granted by Grantee, Grantor shall not erect or construct any building or other structure(including mobile homes or travel trailers),or store flammable or explosive materials or stack hay or straw, or conduct fueling operations, or construct, install or operate above ground mechanical irrigation facilities which could make an electrical contact with the conductors, or drill wells or conduct mining operations, or appreciably alter the grade of the ground surface, within the right-of-way. Upon receipt of written notice from Grantee identifying material or property deemed by Grantee to interfere with the safe operation or maintenance of the lines and facilities, Grantor,their successors, heirs or assigns shall remove the material or property within 10 days. If there is a failure to so remove the material within 10 days, Grantee, its agents, successors or assigns shall have the right to remove the material or property and collect the costs of such removal from Grantor, their successors, heirs or assigns. 8. That Grantor,her successors,heirs or assigns, agree that all structures,poles, wires and other facilities installed on the above-described lands at the Grantee's expense, shall remain the property of the Grantee,removable at the sole discretion of the Grantee;provided,however,that any fences, gates, culverts or ditches constructed by Grantee may be conveyed to Grantor on such teens and conditions and at such times as may be mutually agreed upon by Grantor and Grantee. 9. In the event the lines and facilities are removed and the right-of-way is permanently abandoned, this Easement shall be terminated by a release of easement from Grantee, its successors and assigns, to Grantor, their successors, heirs or assigns.None-use or a limited use of this Easement shall not prevent Grantee from thereafter making use of this Easement to the full extent herein authorized. I0 --3 te.-provisions:ofthis Easement shall be-binding-upon-andshall nure-tote3tenefit—_:: hereto. _2 _ 06/05/2003 THU 14:21 FAX X032/036 111111111111 I 11111111111111111111111111111111 I I 3043681 03/21/2003 11:07A Weld County, CO 3 of 6 R 31.00 D 0.00 --Steve Moreno Clerk&Recorder estIA IN WITNESS WHEREOF, the undersigned has set their hands on this 'at day of 001/4 , 2003. GRANTOR: Doug Tiefel, Manager River Runs Through It,LLC — 3 -- 06/05/2003 TH[ 14:21 FAX X033/036 111111111111-1111111-111111111411 I I E I I I I I I I 1 I I I I I I I I I I I I 3043681 03/21/2003 11:074 Weld County, CO 4 of 6 R 31.00 0 0.00 Steve Moreno Clerk& Recorder ACKNOWLEDGMENT STATE OF 0000..J0 ) )ss: COUNTY OF 4-4-/¢G° ) The foregoing instrument was acknowledged before me this /q 74. day of /f<,c.4 , 2003, by De wrr 'Care.Z_ , in the County of Lf/e.Ld , State of Colorado . IN WITNESS WHEREOF I have heretofore set my hand and official seal the day and year last above written. (Notarial Seal) My ommission expires: �I, , /ieoS o Public '(NON g Gie ‘.� • • • S —4— 06/05/2003 Tiff 14:21 FAX ?034/036 1111111111 111111111111 111 1111 11 3043681 03/21/2003 11:07A Weld County, CO 5 of 5 R 31.00 0 0.00 Steve Moreno Clerk& Recorder Exhibit A Page 1 of 2 A strip of land 75.00 feet in width located in the Southeast Quarter of Section 36, Township 3 North, Range 68 West of the 6th Principal Meridian, County of Weld, State of Colorado,more particularly described as follows: Basis of bearing is S00°14'13"E from the East Quarter corner of said Section 36, as monumented by a found 2" aluminum cap, LS 23500 in a range box, a distance of 2651.26. feet to the Southeast corner of said Section 36, as monumented by a found 2- 1/2"aluminum cap,PLS 28656,in range box; Commencing at said East Quarter corner of Section 36, as monumented by a found 2" aluminum cap,LS 23500; Thence 803°14'38"W a distance of 494.12 feet to a point that is 30.00 feet westerly of the easterly line of said Southeast Quarter of Section 36, said point being the Point of Beginning of a strip of land that is 75.00 feet in width, being 37.50 feet on the each side of the following described line; Thence S23°26'45"W. a distance. of 107.03 feet to a point that is 73.00. feet westerly of said easterly line of the Southeast Quarter of Section 36; Thence SOO°14'13'B parallel with and 73.00 feet westerly of said easterly line of the Southeast Quarter of Section 36 a distance of 1957.98 feet; Thence 572°48'14"E a distance of 45.07 feet to a point that is 30.00 feet westerly of said easterly line of the Southeast Quarter of Section 36, being the Point of Terminus, whence said Southeast corner of Section 36 bears S18°57'07"E a distance of 93.50 feet; The sidelines of said strip shall be extended or shortened to intersect the line that is 30.00 feet westerly of and parallel with the easterly linee of the Southeast Quarter of Section 36 and at all angle points. The area of said strip is 158,256 square feet,or 3.633 acres, more or less. Total centerline length is 2110 feet, more or less. eKenneth A.Pe r r' Perry,P.L.S. 25961 . /..oat;l :w- For and on behalf of David Evans and Associates,Inc. vet(aa— S—03/4,); \\DEN1\VOL1\PROJECT\TOTA0000-0002\TorrA0002-1\Dwg\csmts-T3N\ESMTA4.doc . .. 12/04/02 06/05/2003 THU 14:21 FAX ?035/036 EXHIBIT A SHEET 2 OF 2 N. LINE SE 14, SEC. ,36,__„___, � I .. If I POINT O£ COMMENCEMENT PARCEL A - I E. 1/4 CORNER SEC. 36, T 3N, R 68W, •6th PM ARCIO. B S 03'74'38" W I END 2" AC IN RANGE BOX • / I 494.12' I I I I PLS 23500 Y S 23'26'45" W POINT OF BEGINNING 107.03' /l/ 1 Inci I (See Detail A) 1 ! ii : I 1 1 oI IPA.B ^B 680 RE�C 1602115 II,I ' II,I Hop .poi S 23'26'45" W a / 50' GAS EASEMENT 107-03' / ,� APROX. .00ATION i II II I I �% a ' • ' 1 �i--60' R.O.W. / Io Ili `Ili 'I 3p. / I / I� I 1 I / / fo 'I S 00'14'13" E 1 II I r 1957.98' I 'p w I I I II 7.5'•37.6 2L of 100 aoo 400 -i .i 1 I it jl i Ifi Detail A •I p 1 f na FEET 1 1 it I � I I 1 inch = 200 St, III II I �l BASIS OF BEARINGS = TRI-STATE G&T %I" it i E LINE SE 1/4 SEC. 36 ._ III i T 3N., R 68 6th PM EASEMENT III 7 �0' S 00'14'13" E 2651.26' m �. •158,256 sq.ft. u Ii ux 3.633ocree ,I I f II I _�,� i PPP Il gi FUTURE ROAD R.O.W. LINE ra s I Y 1 `a e —375py I� Detail 8 iI�OI Haan • SI 00^1457. F, I I 11 �e 1957.9$ I �I � I � n i ��g 1 I If �� ea I37.6'I 97.6 � I N � e i. I b.itt IRICJ I I I I lei w �` I . I I ��tl _ 1 =.?a I$ POINT OF TERMINUS —{+e I¢_{, ¢ /(See Detail B) 1I S 18'57 07 E ffff 93.50 S 7748'14" E �I SE CORNER SEC. 36, 45.07' T 3N, R 68W, 6th PM FUTURE ROAD R;O.W. LINE 30' R.O.W. I • y• I : FND 2-1/2" AC PLS 28656 r40 - I IN RANGE BOX ' L __TAT _ .j_.._,. S. LINE SW 1/4, SEC. 31 4-..S..' NE SE 1A4, SEC. 36 B 680 REC 1602115 NOTE; 50 GAS EASEMENT THIS EXHIBIT DOES OT REPRESENT A MONUMENTED SURVEY, IT IS INTENDED ONLY TO EPICT THE INFORMATION REQUESTED BY OUR CLIENT. PVCTA2\ttTA2-1\CWC\Cwrs-TaN\TA02-rsit-(44).Dwa DRAWN BY • RPF DAVID EVANS AND ASSOCIATES, INC. FILE T IA000-0002 EXHIBIT A DATE 01-16-03 SOUTHEAST 1/4 SECTION 36, C 'sal »e+ s»el 8020 voo / © Q Te„ee.,=Vt.= eozoz SCALE t1"=200' T 3N, R 68W. 6th PM Tel; 720-946-0969 0-94G- CHECKED BY ` KAPFox: szo-v4s-ov]a WELD COUNTY, COLORADO DESIGNED BY �nveee.Surveyor.•Plennwn 06/11/2003 WED 12:47 FAX /� ?002/010 JI_IN.11.20 �9 9:41AM--- L/ ,OLUTIONS ^ NO.414 P.1 ' - 11(111(11111t111tt11111111(1111111111111111111111HUUMMM A 2055438 04/24/2003 12,49P Weld County, CO ' 1 of .4 R 21.00 0 0.00 Steve Moreno Clerk&Recorder Due to today's scanning technology, RIGHT-OF-WAX GRANT certain colored inks do not reproduce. DOUGLAS A.'IMPEL, GRANTOR(whether one or more);whose mailing address is P.O. Box 17130, Boulder, Colorado, 80308 in consideration of Ten Dollars($10.00) and other valuable consideration,receipt of which is hereby acknowledged,grant and convey tmto UNITED POWER,INC., GRANTEE,whose street address is 18551 East 160th Avenue,Brighton,Colorado 80601,its successors and assigns,aright-of-way and easement to constmet,operate,maintain,replace,inspect repair and nawvc electric facilities for the purpose of distribution of electricity acid appurtenances thereto,as may from time to time be useful to, or required by Grantee, on, over,tinder,and across the following-deecnbed property in the County of Weld,State of Colorado,to- wit: Easement description is set forth in Exhibit A,attached hereto and Incorporated herein by reference. These facilities are both overhead and underground and may include, but not be limited to, poles, crossarms, wire, conductors, transformers, and support of whatever materials, including braces;guides, anchors, and other fixtures or devices used or useful in connection therewith Grantee shall have the full right and authority to cut,remove,trim,or othenv se control all trees,brush,or other growth on or overhanging said easement The right and authority of grantee hereunder may be exercised by its successors, assigns, licensees, contractors, and per±rees. Grantor reserves the right to occupy,use, and landscape said easement for all purposes not inconsistent with the rights granted to Grantee So long as said use does not damage or interfere with the Grantee's facilities or the maintenance,repair and replacement thereof Grantor shall install no structures or facilities of any land on,over,under,or across said easement without the!written approval of Grantee. �R SIGNED AND SEALED BY GRANTOR this 4# day of Ali.t` 2003. GRANTOR • Douglas A.Betel STATE OF COLORADO COUNTY OFD L )es The foregoing instrument was acknowledged before me thi day of 20 03 by Douglas A.TiefeL • WITNESS my hand and official seal. • Y i yr , Notary Public Mycoaranission expires �n � f�� Ad&ess: —PO I7 I 3 ,d,, Co ' .DO t" Ivw# o3 6 O0e"? w/Ott Name _ Location V.Section Section Township Range ,6'a P.M. 06/11/2003 TED 12:48 FAX ?003/010 JUN.11.2003 9:41RM U( T0LUTI0HS /^1 • N0.414 P.2 A \ EXHIBIT A Page 1 of 3 LAND DESCRIPTION 1 A STRIP OF LAND 10 FEET WIDE, 5 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE LOCATED IN THE SOUTHEAST QUARTER OF SECTION 36, TOWNSHIP 3 NORTH,RANGE 68 WEST OF THE 6th PM, WELD COUNTY, COLORADO, DESCRIBED AS: COMMENCING AT THE EAST 1/4 CORNER OF SAID SECTION 36; THENCE S 00 14'23"E, A DISTANCE OF 301.32 FEET ALONG THE EAST LINE OF SAID SOUTHEAST QUARTER; THENCE S 87° 01'53"W,A DISTANCE OF 30.04 FEET TO THE SOUTHEAST CORNER OF THE PARCEL OF LAND DESCRIBED IN THE DEED OF DEDICATION RECORDED JUNE 7, 2002 AS RECEPTION No. 2959191,WELD COUNTY RECORDS; THENCE CONTINUING S 87° 0l'53" W, A DISTANCE OF 54.65 FEET TO TEE SOUTHWEST CORNER OF SAID Di-J41) OF DEDICATION PARCEL; THENCE CONTINUING S 87°01'53"W, A DISTANCE OF 5.00 FEET TO A LINE THAT IS 5 FEET WEST(MEASURED AT A RIGHT ARM.F) OF TIME WEST LINE OF SAID DEED OF DEDICATION PARCEL AND THE POINT OF BEGINNING OF SAID STRIP; THENCE N 0° 52' 22"W, A DISTANCE OF 3.60 FEET ALONG SAID LINE; THENCE N 16° 56' 54"W, A DISTANCE OF 85.87 FEET ALONG SAID LINE; THENCE N 1°48' 52"W, A DISTANCE OF 0.82 FEET TO THE WESTERLY LINE OF SAID DEED OF DEDICATION PARCEL AND THE TERMINUS OF SAID CENTERLINE. THE SIDE LINES OF SAID STRIP ARE TO BE EXTENDED OR.SHORTENED TO TERMINATE ON THE NORTH LINE OF THE TRACT OF LAND DESCRIBED IN THE WARRANTY DEED RECORDED DECEMBER 27, 2000 AS REC.No. 2815464, DOUGLAS A. TIEFEL, GRANTOR, RIVER RUNS THROUGH 1T,LLC, GRANTEE, THE WESTERLY LINE OF SAID DEED OF DEDICATION PARCEL AND ON EACH OTHER TO FORM A CONTINUOUS STRIP WITHOUT GAPS AND OVERLAPS. FERRUIRY3,2003 3107-I i r" --J A� J9*L• `4 . T•imant� '7111111111111111111111111111111111111 III IIIII 1111 11 3066438 04/24/2003 12:49P Weld County, CO 2 of 4 R 21.00 D 0.00 Slave Moreno Clerk 3 Recorder Zo36 c 7 06/11/2003 TED 12:48 FAX ?004/010 .TUN.11.2593 9:42RN 1OLUTIONS • ' N0.414 P.3 rY t, EXHIBIT A Page 2 of 3 LAND DESCRIPTION 2 A STRIP OF LAND 10 FEET WIDE, 5 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE LOCA'L.D IN THE EAST HALF OF SECTION 36, TOWNSHIP 3 NORTH, RANGE 68 WEST OF THE 6th P.M.,WELD COUNTY, COLORADO,DESCRIBED AS: • COMMENCING AT THE EAST 'A CORNER OF SAID SECTION 36; THENCE S 0° 14'23"E. A DISTANCE OF 301.32 FEET ALONG THE EAST LINE OF SAID EAST HALF; THENCE S 870 01'sr W, A DISTANCE OF 30.04 FEET TO THE SOUTHEAST CORNER OF THE PARCEL OF LAND DESCRIBED IN THE DEED OF DEDICATION RECORDED TUNE 7, 2002 AS RECEPTION No. 2959191, WELD COUNTY RECORDS; THENCE CONTINUING S 87°01' 53" W,A DISTANCE OF 54.65 FEET TO THE SOUTHWEST CORNER OF SAID DEED OF DEDICATION PARCEL; THENCE ALONG THE SOUTH AND WESTERLY LINE OF SAID DEED OF DEDICATION PARCEL BY THE FOLLOWING FIVE COURSES AND DISTANCES: 1. N 0°52'22"W, A DISTANCE OF 4.12 FEET; 2. N 16°$6' 54"W,A DISTANCE OF 85.91 FEET; 3. THENCE N 90° 00' 00"W, A DISTANCE OF 123.36 FEET; 4. THENCE N 0° 14' 18"W, A DISTANCE OF 175.44 FEET; r 5. THENCE N 80°51' 10"E, A DISTANCE OF 114.39 FEET TO A LINE THAT IS 5 PLET WEST(MEASURED AT A RIGHT ANGLE) OF THE WEST LINE OF SAID DEED OF DEDICATION PARCEL; THENCE ALONG A LINE PARALLEL WITH AND 5 FEET WEST AND NORTH(MEASURED AT A RIGHT ANGLE) OF THE WEST AND NORTH LINES OF SAID DEED OF DEDICATION PARCEL BY THE FOLLOWING FIVE COURSES AND DISTANCES: 1. N 0° 14' 12"W,A DISTANCE OF 224.10 FEET; 2. N 0°27' 13"W, A DISTANCE OF 17.99 FE_T; 3. N 430 07' 51"E,A DISTANCE OF 72.46 FItT; 4. N 0° 14' 01"W, A DISTANCE OF 229.14 FEET; 5. N 89° 16' 31"E, A DISTANCE OF 40.00 FEET TO THE TERMINUS OF SAID CENTERLINE. THE SIDE LINES OF SAID STRIP ARE TO BE EXTENDED OR_SHOETI•'NED TO TRtrMINA rn ON THE WESTERLY LINE OF SAID DEED OF DEDICATION PARCEL, THE WEST RIGHT-OF- WAY OF WELD COUNTY ROAD 13 AND ON EACH OTHER TO FORM A CONTINUOUS STRIP WITHOUT GAPS AND OVERLAPS. PEWua8r3 aoav • I IIIIII 11111 IIIIIII III 1111111 IIII 111111 III 11111 IIII III( }: OT cIl�pg 9066438 04124/2003 12:49P Weld County, CO 3 or 4 R 21.00 D 0.00 Steve Moreno Cleric&Recorder 7�3h etzr,9 0 1; y �. , Z N _d EAST 1/2 SEC. 36, T3N, R66W - " NOU'16'1Y a 14'I 4yCW r 1. ith Z0• 2 • 4.6� owe 1 N r lm v� tF" ry m0 3'• 0 ar a O or , • § -aas aei Si zm N714'12"W e Ea 4 ) 2 b Oz.... . ..., 224.10'VEST LIlE DEED OFDEDICATION PARCEL2 St' m r -4m fig?)z ID Kmq`r F N7I4'OYYI 'q . � 229.14'• __—_ $offII A isin • EAST I DE ZED OF OEOD:ATEN PPNCEL ADAM 11W GEED OF 11ED(GITI0N PARCEL �- o <VEST IWT- -VAY MAD 13 ,,, MI • S0'14'2YE _ - I- - - _ -i 0 W - - 3e,.EAS - - - WELD COUNTY ROAD 13 2 ^; EAST LINE EAST I/2 Z w EAST LINE SE 1/4 C Co' P 0 n-103 so �o o n 6 . C-- *- lb-- 3 x II a A t r a a, O ,�I 0 d I I1111111111IIIIIIIIII IIIIIII!III II1II111II11I11111Crs 3068438 04/2412003 12:49P Weld County, CO 4 of 4 8 21,00 0 0.0D Sieve Moreno Clerk&Recorder . 06/1172003 WED 12:48 FAX 2006/010 IT Y OF 0.82r vi A(it .. _I- - . ...._�.._. - _ _ S • /1N16'66'54-1 \ N062'22�W I ` 55.87 1 .12'' N0'SY223W S87'01.53"W 3.B0' 54.65 30.04 -rele __ ' r , POINT OF BEGINNING S 0� LAND DESCRIPTION 1 �. +_ IiNO 9' ' ' 399 WV Slratf RIVER RUNS THROUGH IT. LI.C, m aesai REC. No. 2815464 I ;II= BMW_ 2 DEC. 27, 2000 FEBRUARY 3, 2003 VI 14e, 3107-7 FLY tr 2O 310 OOo " r� . e 9 /1 06/11/2003 WED 12:48 FAX X007/010 r_suN.11.2003_ 9:43RMI U: SOLUTIOONS I_ ^ NO.414 P.S ��"��'1 ��I��II��I�IIiI Due to Today`s scanning 439 1 30r36439 ft 04/2412003 6 00 030.002 Steve Morenld oClerk&0 Recorder niaing fechnologyv, certain colored inks-do.not,r RIGHT-OF-WAY GRANT PePmdLptE ALDER RUNS TftROVGU IT,LIZ.,GRANTOR(whether one or more),whose Colorado, 80308 in consideration of Ten Dollars 510-00 and othermailing ration, is P.O.Box f h ch0,Boulder, y ( ) valuable consideration, receipt of which is hereby acknowledged;grant and convey unto UNITED POWER,INC.;GRANTER-whin-1 ati'aef address is 18551 East 160rhSveatre, inspect,repairBrighton, Colorado 0e, it successors and assigns, a right-of-way and easement to construct, operate, maintain, replace, electric facilities for the purpose of distribution of electricity and appurtenances thereto,as may from time to time be nsefi,l to, or required by,Grantee, on, over,under, and across the follo Weld,State of Colorado,to-wit wing-dawn-bed property in the County of Easement description is set forth in Exhibit A,attached hereto and incorporated herein by reference. These facilities am both overhead and underground and may include, but nut be limited to, poles, crossamrs, wire, conductors, transformers, and supports of whatever materials, including braces, used or useful in connection therewith. guides, anchors, and other fixtures or devices Grantee shall have the full right and authority to cut,remove,him,or otherwise control all zees,brush,or other growth on or overbangiug said easement. • The right and authority of grantee hereunder may be exercised by its successors, assigns, licensees, contractors, and permittees. Grantor reserves the right to oceupY,use, and landscape said easement fat a0 purposes not inconsistent with the rights granted to Grantee so long as said use does not damage or interfere with the Grantee's facilities or the maintenance,repair and r replacement thereof. Grantor shall install no structures or facilities of any kind on,over,tinder,or across said easement without the written approval of Grantee, SIGNED AND SEALED BY GRANTOR tea* day of APRs y� 2003. GRANTOR • River Runs Through it,MC Ey dui, STATE OF COLORADO air ss COUNTY op v9 rasr ) +� ) The of tego�is�tr��ament was acknowledged before me this .._day of 20 0 ,by Vitt.) iha,c,F1 {p s A akalbi,mnq i of RiverRuvs Ollgh I WITNESS my hand and official sealMligt - 2 Notary Public My coon expires Or Address:—Pale y —7/3 O t^ PJW# 2O36 00,p W/O# 2203-028 Name V.Section Section Location Township .Range 61°RM. 06/11/2003 WED 12:48 FAX Z008/010 SUN.11.2003 9:43PM U: iOLUTIONS N0.414 • p,5 n EXHIBIT A ?ma of 2 LAND DESCRIPTION 11111111111439 11111111 III 1111111 Weld 1111 III Illll IIII llll 2 of 3 R 16.00 D 0.00 Steve Moreno Clerk 8 Recorder A STRIP OF LAND 10 FEET WIDE, 5 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE LOCATED-IN T,EIE SOUTHEAST QUARTER OF SECTION 36, TOWNSHIP 3 NORTH, RANGE 68 WEST OF THE 6th PM,WELD COUNTY, COLORADO, DESCRIBED AS: COMMENCING AT THE EAST ''/a CORNER OF SAID SECTION 36; THENCE S 0° 14'23" E, A DISTANCE OF 301.32 FEET ALONG THE EAST LINE OF SAID SOUTHEAST QUARTER; THENCE S 87° 01' 53"W,A DISTANCE OF 30.04 FEET TO THE NORTHEAST CORNER OF THE PARCEL OF LAND DESCRIBED IN THE DEED OF DEDICATION RECORDED JUNE 7, 2002 AS RECEPTION No. 2959194, WELD COUNTY RECORDS; THENCE S 0° 14' 23"E, A DISTANCE OF 428.10 FEET TO THE SOUTHEAST CORNER OF SAID DEED OF DEDICATION; THENCE CONTINUING S 0° 14' 23"E, A DISTANCE OF 5.00 FEET TO A LINE THAT IS 5 FEET (MEASURED AT A RIGHT ANGLE) SOUTH OF THE SOUTH LINE OF SAID DEED OF DEDICATION PARCEL; THENCE ALONG A LINE PARALLEL WITH AND 5 FEET SOUTH AND WEST (MEASURED AT A RIGHT ANGLE) OF THE SOUTH AND WEST LINES OF SAID DEED OF DEDICATION PARCEL BY THE FOLLOWING FOUR COURSES AND DISTANC.F.C: I. S 89°45' 37"W, A DISTANCE OF 18.69 FEET; 2.N 2° 04' 23"W, A DISTANCE OF 228.47 FEET; 3. N 23°09' 49"W, A DISTANCE OF 82.63 FEET; 4. N 0° ST 22"W, A DISTANCE OF 125.80 FEET TO THE TERMINUS OF SAID CENTERLINE. THE SIDE LINES OF SAID STRIP ARE TO BE EXTENDED OR SHORTENED TO TERMINATE ON THE NORTH LINE OF THE TRACT OF LAND DESCRIBED IN THE WARRANTY DFETr RECORDED DECEMBER 27, 2000 AS REC.No. 2815464,DOUGLAS A. I•Ih Fa, GRANTOR, RIVER RUNS THROUGH IT,LLC, GRANTEE, THE WEST RIGHT-OF-WAY OF WELD COUNTY ROAD 13 AND ON EACH OTHER TO FORM A CONTINUOUS STRIP WITHOUT GAPS AND OVERLAPS. • es- Ze 36 00/0 06/11%2003 TED 12:48 FAX 6009/010 ,-, J UN.11.Zlbii SI:441,41 U. OLUTIONS ' N0.414 P.7 I IIl I «iif IILLIII iii Irliiii iiii Iiiiii iiI ii«i HI i iill r. -. 3055439 04/24/2003 12:40P Weld County, 00 3 0 3 R 16.00 0 0.00 Steve Moreno Clerk a Recorder EXHIBIT A PAGE 2 OF 2 POINT OF COMMENCEMENT EAST 1/4 CORNER s0' SEC 36 on 0mw it" W N q ,1. C$ Li, N M CO OM o cC A N C4 . E1 v , , w SCALE: 1"= eo' W \1 S8T01'53"W 0 80 160 U 5h.se% 34 04 a rn J TERMINUS I0 mr %.,%. NO'5222"w 4 p co ni6 ix ^� I pa Crag.��ocz > i en C41 WP ti colt b d % O l Q a cz N23tp9'4B'W tCy' 8263' , w Z 1 1 4 o IVER RUNS TERMITIC IT. 1S.C I A REC. No. 2815464 ra DEC. 27. 2000 I W N2t4'23'W 1 1' 228.4 a- 06/11/2003 WED 12:49 FAX Z010/010 , I o S014'23°E • r'` , .00' ,�4' _ OINT OF BEGINNING ��(. .,1iM ,6- S89'45'37.W LNs 18.89' 30• i �� :.M� 93lf. ,• �`s*' I AWFgmDSURGPLS 1J ,y�Y f )�r� r��3 • LAID SURVEYOR IF�k . 'Yx 7 � . ? �� . .. ...... .... ...__.... ... ......___.__. 399 BUSH SI. a 1 SS -Baal 6068.1+r. I 30,3'65"91360 �oj� , , '4�� '� :/ FEBRUARY 3. 2003 �F E _ _ 3107-2 FLY Zo3 Co / 0 r !-N St. Vrain Valley Schr,ol District RE-1J 395 South Pratt Parkway • Longmont • CO • 80501-6499 303-776-6200/4494978 • FAX 303-682-7343 November 14, 2000 Weld County Planning Dept. Anne Best Johnson NOV 21 2000 Weld County Department Of Planning Services 14 RECEIVED 1400 N. 17" Ave. Greeley, CO 80631 RE: River Runs Through It(S1/4 and S1/2 of the NE1/4 of Section 36,T3N, R68W) Dear Anne: Thank you for referring the River Runs Through It PUD Sketch Plan to the School District. The projected student impact upon the St. Vrain Valley School District of what appears to be 40 new single family units on 240 acres is a total of 27 students. Any students living in this subdivision would attend Mead Elementary School, Mead Middle, and Skyline High School under the present school boundaries. However, due to potential growth in these schools this development and other existing developments in this feeder could be placed in another attendance area in the future. Bus transportation would likely be required. This Prcoored Deidoomalit 1 ° ;• 3a= .ad'.'L-� as .e.:e��id®i' i'-.a a,'—1, ' 7f iI Buidmg ( Oct. CO Student I Pro'-ctel ; Oar , € i Chpaoty I Errcanert I Impact ' Enrcimert &pacty o , o , a a§ Bemeitaryj 501. 763 14 777 Yes a4t;� ..,, ae _. Mddle W 4 342 401 3 6 i 4 i Yes _ Senior 1 1323 1366 t 7 1373 No '74 7—' ":" _. � z:44-p.. arx 27 �?;s The District is on record as not opposing growth so long as the growth is planned and is manageable from.a student enrollment standpoint. This development would impact all levels of school in the current attendance area. While there are new schools planned in this area which should reduce overcrowding, there are other approved developments which would,together with this proposal, have a significant cumulative impact on these schools. As the volume of development increases in this area, the District is becoming extremely concerned about our ability to provide the same quality education for these new students that we are providing students in other areas of the District due to increasingly overcrowded school facilities. While development fees for capital construction are not provided for, the implementation of the land dedication/cash in-lieu ordinance by the Town of Mead requires residential projects. to donate land with the adjacent infrastructure or pay an equivalent cash-in-lieu fee.based on the student yield of the development. Because this site does not have a designated school site, this development will be assessed the fee per the attached chart. Please let me know of any questions. Sincerely, Glen Segrue Planning Specialist ) ) ) Exhibit A School Planning River Runs Through it Standards And Preliminary Plat Calculation of In Lieu Fees Single-family _ School PlannMg Standards Number Projected Student Site Size Acres of Developed Of Student Facility Standard Land Land Cash-in-lieu Units — Yield Standard Acres Contribution Value Contribution Elementary 40 ^ 0.35 525 10 0.27 $25,100 _ 14 . Middle Level 40 0.14 750 25 0.19 $25,100 5.6 High School 40 0.17 1200 40 . 0.23 $25,100 6.8 _ ) Total 26.4 0.68 $25,100 $17,068 Single Family Student Yield is .66 _ $427 1 1 Per Unit 11 /16/00 IRNITER UNITED POWER,INC. PO�A/EIZ P.O.Box 929, Brighton, CO 80601 • Telephone:303-659-0551 • 1-800-468-8809 Fax:303-659-2172 • http://www.unitedpower.com June 25,2002 Mr. Doug Tiefel PO Box 17130 Boulder, CO 80308-0130 Dear Doug: SUBJECT: Preliminary Commitment of Electric Service I have reviewed the preliminary plat map for Pelican Shores PUD. United Power is ready, willing and able to provide electric service to the proposed 26-lot development. We look forward to working with you on the development of Pelican Shores. If you have any questions,please give me a call at 303-637-1254. Sincerely, UNITED POWER,INC. bej kW/L.4_ Bill Meier I-25 District Representative BM:jh A Touchstone Energy® Partner Pelican Shores Telephone/Television/Internet Communications Service The Applicant is working with different representatives for a service plan for telephone, television and Internet communications. Ideally one service provider will be selected to provide all three services. AT&T and Qwest are both reviewing the PUD Plan and will extend proposals for service in the near future. All service lines within Pelican Shores will be installed underground and adjacent to the front lot line for all lots. r /-. Pelican Shores Natural Gas Service The immediate neighborhood of Pelican Shores does not have a designated service provider for Natural Gas. The Applicant is meeting with different service providers considering their proposals for service. Prior to Final Plan Approval with Weld County, an agreement with a service provider will be finalized. All service lines will be installed underground and adjacent to the front lot line for all lots. r Nourveyt MOUNTAIN VIEW FIRE PROTECTION DISTRICT Administrative Office: 9119 County Line Road•Longmont, CO 80501 (303) 772-0710• FAX (303) 651-7702 VIEW July 1, 2002 Mr.Doug Tiefel—President Columbine Land Resources,Inc. P.O. Box 17130 Boulder,CO 80308 Dear Mr. Tiefel: I have reviewed the submitted material pertaining to the Pelican Shores PUD located at the northwest corner of Weld County Roads 13 and 26. The Fire District recognizes that this subdivision falls within the service area provided by the Mountain View Fire Protection District and does not object to development of the subdivision provided the development meets the requirements of the Fire District. Nothing in this review is intended to authorize or approve any aspect of this project that does not comply with all applicable codes and standards. All applicable codes as they pertain to water supply, fire hydrant locations, and fire department access must be /" met. We appreciate being involved in the planning process. Should you have any questions, please contact me at(303)772-0710. Sincerely, • Lon D.Miller Fire Prevention Officer LDM/Im Cc: project file file Im07.01.02 ` Slalbn 1 Station 2 Station 3 Station 4 Station 5 Station 6 Stator 7 IB Cnly Line Rd. 10871 WCR 13 P.O.Box 575 P.O.Box 11 10911 Dabble Run P.O.Box 666 P.O.Box 40 Lolgtnnooni.CO Lon01 gmont,CO 299 Palmer Ave. 8500 Niwot Road Lafayette CO 600 Briggs 100 So.Forest SI. Mead,CO 80542 Niwot,OO60544 80026 Erie,CO 80516 Daoono,CO 00514 r Pelican Shores St. Vrain Floodplain The St. Vrain 100-Year Floodplain boundary, as currently mapped and on file with Weld County and the Federal Emergency Management Agency (FEMA), shows the majority of the property being included. The mapping for the study was conducted prior to 1982 and is considered by County officials, FEMA and the Applicant's Floodplain Engineer, Ayres Associates, to be inaccurate. The Applicant has retained Ayres Associates to analyze the St. Vrain River corridor over the past several years. The work that has occurred to date includes: • Background research of existing studies and upstream and downstream datum; • Cross section survey and processing of existing topography; • Development of HEC-2 deck; • Determination and delineation of the correct 100-Year Floodplain limit. Ayres Associates is in process of requesting a Letter of Map Amendment (LOMA) from FEMA and Weld County. There report illustrates that all of the proposed lots are out of the St. Vrain 100-Year Floodplain limit. r copy AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 13 BETWEEN RIVER RUNS THROUGH IT, LLC. AND WELD COUNTY, COLORADO THIS AGREEMENT is made this day of , 2002 by and between River Runs Through It, LLC., Douglas A. Tiefel, Manager whose address is PO Box 17130, Boulder,Colorado 80308-0130,hereinafter referred to as"Owner,"and the County of Weld,a body corporate and politic of the State of Colorado,by and through its Board of County Commissioners, whose address is 915 10th Street, Greeley, Colorado 80631 hereinafter referred to as "County." WITNESSETH: WHEREAS, County finds it necessary to rebuild and improve Weld County Road 13, and WHEREAS, Owner owns the property described in the attached Exhibit"A" , hereinafter referred to collectively as "Right-of-Way", and WHEREAS, County needs the Right-of-Way in order to complete said rebuilding and improvement project, and WHEREAS, said rebuilding and improvement project involves the construction and realignment of said roadway, and WHEREAS, Owner wishes to cooperate with County in said road improvement. NOW, THEREFORE,the parties herein agree as follows: 1. Owner agrees to Grant the Right of Way and County agrees to Accept the Right-of- Way shown and/or described on Exhibit"A",attached hereto and hereinafter referred to herein as the"Right-of-Way". Owner has been advised that Owner could receive just compensation for said Right of Way, but wishes to donate said Right of Way and does not wish to receive compensation.The just compensation was being offered in lieu of condemnation 2. Owner agrees to grant the Right-of-Way to County by Deed of Dedication,free and clear of all encumbrances, except existing easements. Page 1 of 3 Pages 3. County agrees to pay the costs of title insurance and recording fees, if necessary as determined by County. 4. The parties hereby agree that neither has made or authorized any agreement with respect to the subject matter of this instrument other than expressly set forth herein, and no oral representation,promise,or consideration different from the terms herein contained shall be binding on either party, or its agents or employees, hereto. This Agreement embodies all agreements between the parties hereto and there are no promises, terms, conditions, or obligations referring to the subject matter whereof other than as contained herein. 5. Although the date ofthe transfer ofthe Right-of-Way shall be the date ofthe delivery ofthe documents ofconveyance,it is expresslyagreedbythepartiesheretothatupon execution of this Agreement by County and Owner, County,its contractors,agents, employees, and all others deemed necessary by County shall have the irrevocable right to possess and use all of the Right-of-Way for the purpose of said rebuilding and improvement project. 6. Owner warrants that he/she is the owner of the Right-of-Way and will defend title thereto against all claims. 7. General taxes for the year 2002 for the Right-of-Way shall be apportioned to the date of delivery ofthe deed based onthe most recent levy and the most recent assessment. Owner represents and warrants that all general taxes levied prior to such year have been paid in full by Owner. 8. Owner agrees to Grant to County, its successors and assigns, a Temporary ConstructionEasement,as shownand/ordescribedasEasementExhibit`B"attached hereto and herein after referred to as Easement, free and clear of all encumbrances, except existing easements. Owner has been advised that Owner could receive just compensation for Temporary Construction Easement but wishes to donate said Temporary Construction Easement to County and not receive just compensation. IT IS MUTUALLY AGREED that the terms and conditions of this Agreement shall extend to and be binding upontheheirs,executors,administrators,successors,and assigns ofthe respective parties hereto. r^ Page 2 of 3 Pages IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. OWNER: RIVER RUNS THROUGH IT, LLC Douglas A. Tiefel, Manager TAX ID NUMBER: ATTEST: BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, STATE OF COLORADO Weld County Clerk to the Board By: BY: Deputy Clerk to the Board Glenn Vaad, Chairman Page 3 of 3 Pages DEED OF DEDICATION KNOW ALL MEN BY THESE PRESENTS that River Runs Through It, LLC., whose address is PO Box 17130, Boulder, Colorado 80308-0130, being all of the owners of certain property in Weld County, Colorado,which is described in the attached Exhibit"A", do hereby dedicate forever said property as parts of a public highway, pursuant to Colorado Revised Statute 43-2-201(1)(a), free and clear of all liens and encumbrances, except existing easements, and warrants title to the same. Douglas A. Tiefel, Manager STATE OF COLORADO ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 20�by Douglas A. Tiefel,Manager. Witness my hand and official seal. Notary Public My commission expires: Page 1 of 2 pages ACCEPTANCE The County of Weld, a body corporate and politic of the State of Colorado,by and through its Board of County Commissioners, hereby accepts the above dedication of property as Public Rights-of-Way or a Public Highway, pursuant to Colorado Revised Statute 43-2-201(1)(a). Dated this day of , 20 . Al VEST: COUNTY OF WELD, A BODY CLERK TO THE BOARD OF CORPORATE AND POLITIC OF THE COUNTY COMMISSIONER OF STATE OF COLORADO THE COUNTY OF WELD BY: BY: Deputy Clerk to the Board Glenn Vaad, Chair, BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this day of ,20_,by Glenn Vaad,Chair, BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD. Witness my hand and official seal. Notary Public My commission expires: Page 2 of 2 page EXHIBIT A DESCRIPTION: A tract of land located in the Southeast Quarter of Section 36, Township 3 North, Range 68 West of the 6th Principal Meridian, County of Weld, State of Colorado, being more particularly described as follows: Considering the east line of said Southeast Quarter as bearing South 00°14'23" East and with all bearings contained herein relative thereto; Commencing at the East 1/4 corner of said Section 36, a found 2-1/2" aluminum cap in a range box (L.S. 23500);thence along said east line South 00°1423" East 301.32 feet; thence South 87°01'53" West 30.04 feet to a point on the west right-of-way line of Weld County Road 13, also the POINT OF BEGINNING; thence along said right-of- way line South 00°14'23" East 428.10 feet; thence South 89°45'37" West 13.85 feet; thence North 02°04'23" West 224.56 feet;thence North 23°09'49" West 82.58 feet; thence North 00°52'22" West 125.00 feet; thence North 87°01'53" East 54.65 feet to the POINT OF BEGINNING. The above-described parcel contains 0.311 acres,more or less and is subject to all existing easements or rights of way of record or in place. May 9, 2002 Job# 114-006 A.rtf ARP r l REPRESENTATION OF EXHIBIT A 1 A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 36, TOWNSHIP 3 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO I I I 1 - W /.t I . • -31 - - R 67 W • - . - POINT OF : EAST 1/4 CORNER COMMENCEMENT -"� - SEC. 36, TWP. 3 NORTH, RANGE 68 WEST 2 1/2 " ALUM. CAP I o I IN RANGE BOX POINT OF I o Q I L.S. 23500 BEGINNING I w ,A I • N IV IA rl /1187.n.,„54"s53 E 587'01'53"W M 30.04' PROPERTY LINE________ _ _ 0 1 N00'52'22"W i 125.00' a I8 0 I z W I WEST RIGHT—OF—WAY N23'09'49"W ;. a • LINE WCR 13 82.58' Cu o I Cu o0' g :' EAST LINE OF THE Pi SOUTHEAST QUARTER OF SEC. 36 N co ;,, v I (BASIS OF BEARINGS — 5 00'14'23" E) so. Nv. O ' a to r t o.. w I S q LT -2 S 0 w m SCALE 1"=100' I I I MAY 9, 2002 x I I La r 589'45'37"W W • 13.85' on \ t i cowman C mm .r2t1 VOCOWonct - PROS-CT , pCUCCI NO. seasitOWN R.PERKNS .M.os:::: , "east M,.,m SAINT VRAIN CREEK 8,WCR 13 BRIDGE 114-006 M°•"•'" pr•^ SEAR•BROWN wELocouNTYcoLOlxAoo O SMNMaaTI,al M.LANG MOMS MONO Oda A`i,l Male MO. M w..rrr.lo,rrt , 1 of 1 " Ft.20 South MelcCO 8 m MOM saner �r ra' Ft Calins,CA.80521-2603 Ma a Rana,a*La R.PERMS (970)482-5922 tau or Maroc %w sin ascension. scat non UKrw Fax(970)482-6368 REPRESENTATION OF EXHIBIT A lap otwaasssrc ptorMrp arwia ,mp0' 3/u/0 - vnae.seamrawn.wm • TEMPORARY CONSTRUCTION EASEMENT A Temporary Construction Easement between River Runs Through It,LLC., whose address is PO Box 17130, Boulder, Colorado 80308-0130, Grantor and the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 915 10th Street Greeley, Colorado 80631, Grantee. Said Temporary Construction Easement is for use during the construction of improvements to Weld County Road#13, Saint Vrain Creek Bridge Replacement, CDOT#13495, in and to, over, under and across the following described land: See Easement Exhibit"A" Together with all rights and privileges as are necessary or incidental to the reasonable and proper use of such easement. Said temporary easement is subject to the following conditions and covenants: 1. Said Temporary Construction Easement shall commence on May 20, 2002, and shall expire and be of no further force or effect upon completion of said Weld County Road#13, Saint Vrain Creek Replacement, CDOT#13495 project. 2. During the term of this temporary easement, Grantor shall not erect or construct, or allow to be erected or constructed, any building or other structures which may interfere with Grantee's full enjoyment of the rights hereunder. 3. As a condition of the granting of this Temporary Construction Easement,the Grantee covenants and agrees to restore said lands to a level comparable to their original condition. 4. All of the covenants herein contained shall be binding upon and inure to the benefit of the parties hereto,their respective personal representatives, successors and assigns. 5. Owner has been advised that Owner could receive just compensation for said Temporary Construction Easement,but wished to donate said Temporary Construction Easement and does not wish to receive compensation. Page 1 of 2 pages IT IS MUTUALLY AGREED AND ACCEPTED that the terms and conditions of this Temporary Construction Easement shall extend to and be binding upon the heirs, executors, administrators successors and assigns of the respective parties hereto. Dated this day of ,2002. Douglas A. Tiefel,Manager River Runs Through It, LLC. TAX ID NUMBER: GRANTEE HEREBY ACCEPTS this Temporary Construction Easement for the purpose set forth herein. Al ZEST: COUNTY OF WELD, STATE OF COLORADO, GRANTEE Deputy Clerk to the Board Glenn Vaad, Chairman, Board of County Commissioners. r1 Page 2 of 2 pages EASEMENT EXHIBIT A DESCRIPTION: A tract of land located in the Southeast Quarter of Section 36,Township 3 North, Range 68 West of the 6th Principal Meridian, County of Weld, State of Colorado,being more particularly described as follows: Considering the east line of said Southeast Quarter as bearing South 00°14'23" East and with all bearings contained herein relative thereto; Commencing at the East 1/4 corner of said Section 36, a found 2-1/2" aluminum cap in a range box(L.S. 23500);thence along said east line South 00°14'23" Fast 301.32 feet; thence South 87°01'53" West 84.68 feet to the POINT OF BEGINNING;thence South 00°52'22" East 125.00 feet;thence North 90°00'00" West, 10.00 feet; thence,North 00°52'28"West, 77.88 feet;thence,North 81°14'01" West, 79.75 feet;thence,North 02°24'38"West, 30.35 feet;thence,North 87°01'53"East, 89.50 feet to the POINT OF BEGINNING. The above-described parcel contains 0.098 acres,more or less and is subject to all existing easements or rights of way of record or in place. May 16, 2002 Job# 114-006 teA.rtf mpm r-� l REPRESENTATION OF EASEMENT EXHIBIT A A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 36, TOWNSHIP 3 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO - . W R 67 W - - • • - POINT OF • EAST 1/4 CORNER COMMENCEMENT SEC. 36, TWP. 3 NORTH, RANGE 68 WEST 2 1/2 ' ALUM. CAP I o I IN RANGE BOX POINT OF I -o s 1 L.S. 23500 BEGINNING I a (N N N 4 N 87'01'53' E '^ 89.50' 87'01'°3" W n_ PROPERTY LINE 84.6 c N 02-24'38- W p l 30.35 .548 ' N 81'14'O1" W IV) IQ 79.75' ; $ ^ I � N 00'52'28' W fA I : o I 77.88' I WW I i.F \ I r.„, 1 3 WEST RIGHT—OF—WAY N N 9000'00" W LINE WCR 13 Cu 10.00' ✓/ N o I / I N I • I d I I Ln EAST LINE OF THE PROPOSED I SOUTHEAST QUARTER OF SEC. 36 0 RIGHT—OF—WAY a' I (BASIS OF BEARINGS — S 00'14'23' 0 0 Y I • a r I 1 4 O I I I I P • 5 CI • 8 r c-, m SCALE 1'=100' 7 MAY 9, 2002 I I I 6.1 W J • CC J Li \ i 1 COIY[IGM Q 3 o2 wp4C.Oi•0#1 *CI R.PERMNS �� "'�rt SF-Alt-BROWN rw SAINT VRAIN CREEK&WCR 13 BRIDGE 1Q-0D6 "AM wan e• . . tyc o n te w:N SEAR•BROWN WELD COUNTY,COLORADO �,..�� 209 South Meidrem 1 Of 1 ©ac,,SOW 041.0 �." Ft Collins,CO.80521-2603 sos�au"mes'ta' R.FERMIS,,,, r K (910)482-5922 REPRESENTATION Or r.u,o�sireuov�.ca ,n,s m•saa e•n: Fes(9e0)482-9368 OF EASEMENT EXHISITA mmrs sa rna.m �eMgY 5/16/O www.ses.Omxm.cam AGREEMENT COPY CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 13 BETWEEN DOUGLAS A. TIEFEL AND WELD COUNTY, COLORADO THIS AGREEMENT is made this day of , 2002 by and between Douglas A. Tiefel, whose address is PO Box 17130, Boulder, Colorado 80308-0130, hereinafter referred to as "Owner," and the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 915 10th Street, Greeley, Colorado 80631 hereinafter referred to as"County." WITNESSETH: WHEREAS, County fords it necessary to rebuild and improve Weld County Road 13, and WHEREAS, Owner owns the property described in the attached Exhibit "A" , hereinafter referred to collectively as "Right-of-Way", and WHEREAS, County needs the Right-of-Way in order to complete said rebuilding and improvement project, and WHEREAS, said rebuilding and improvement project involves the construction and realignment of said roadway, and WHEREAS, Owner wishes to cooperate with County in said road improvement. NOW, THEREFORE,the parties herein agree as follows: 1. Owner agrees to Grant the Right of Way and County agrees to Accept the Right-of- Way shown and/or described on Exhibit"A",attached hereto and hereinafter referred to herein as the"Right-of-Way". Owner has been advised that Owner could receive just compensation for said Right of Way, but wishes to donate said Right of Way and does not wish to receive compensation.The just compensation was being offered in lieu of condemnation 2. Owner agrees to grant the Right-of-Way to County by Deed of Dedication,free and clear of all encumbrances; except existing easements. Page I of 3 Pages 3. County agrees to pay the costs of title insurance and recording fees, if necessary as determined by County. 4. The parties hereby agree that neither has made or authorized any agreement with respect to the subject matter of this instrument other than expressly set forth herein, and no oral representation,promise,or consideration different from the terms herein contained shall be binding on either party, or its agents or employees, hereto. This Agreement embodies all agreements between the parties hereto and there are no promises, terms, conditions, or obligations referring to the subject matter whereof other than as contained herein. 5. Although the date of the transfer of the Right-of-Way shall be the date of the delivery of the documents of conveyance,it is expressly agreed by the parties hereto that upon execution of this Agreement by County and Owner,County,its contractors,agents, employees, and all others deemed necessary by County shall have the irrevocable right to possess and use all of the Right-of-Way for the purpose of said rebuilding and improvement project. 6. Owner warrants that he/she is the owner of the Right-of-Way and will defend title thereto against all claims. 7. General taxes for the year 2002 for the Right-of-Way shall be apportioned to the date of delivery of the deed based on the most recent levy and the most recent assessment. Owner represents and warrants that all general taxes levied prior to such year have been paid in full by Owner. 8. Owner agrees to Grant to County, its successors and assigns, a Temporary Construction Easement,as shown and/or described as Easement Exhibit"A"attached hereto and herein after referred to as Easement, free and clear of all encumbrances, except existing easements. Owner has been advised that Owner could receive just compensation for Temporary Construction Easement but wishes to donate said Temporary Construction Easement to County and not receive just compensation. 9. Owner to construct a temporary crossing over Saint Vrain Creek. The cost of construction, maintenance and removal of said crossing is the responsibility of the Owner. Owner shall obtain all necessary permits,including but not limited to Corp of Engineers Nation Wide Permit.County will reimburse Owner Two Thousand Five Hundred and no/100 ($2500.00) dollars for obtaining necessary permits. r Page 2 of 3 Pages IT IS MUTUALLY AGREED that the terms and conditions of this Agreement shall extend to and be binding upon the heirs,executors,administrators,successors,and assigns of the respective parties hereto. IN WITNESS WHEREOF,the parties have set their hands on the day and year first above written. Douglas A. Tiefel, Owner TAX ID NUMBER: AI 1tST: BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, STATE OF COLORADO Weld County Clerk to the Board By: BY: Deputy Clerk to the Board Glenn Vaad, Chairman Page 3 of 3 Pages ' w-et Please co. mete this form and return to: Weld County Am:punting F ATTN: Payroll (October 1983) Payer's Request for Taxpayer P.D. Box 758 • Department Identification Number Greeley, co 80632 '..--' 1 Name as shown on account(if joint account.also give joint owner's name) • 8 Address O. • City,State.and ZIP code S List account number(s)here(See Instructions)► PART 1.—Taxpayer Identification Number PART 11.—Backup Withholding On Accounts Opened After 12/31/83 Social security number Enter the taxpayer identification number in the Check the box if you appropriate box. For most individual taxpayers, • are NOT subject to this is the social security number. backup withholding Note:If the account is in more than one name, OR under the provisions of • see the chart on page 2 for guidelines on which Employer identification number section 340b(a)(]XC) number to give the payer. of the Internal Revenue Code - ► - (See Highlight below.) Certification,—Under the penalties of perjury. I certify that the information provided on this form is true, correct, and complete. Signature► - Date ► Instructions(Section reieren tea are to the Inter at Revenuecobe.) Payments of Interest, Dividends, and Patronage Highlight for Interest or Dividend Accounts Opened After Dividends ^ 12/31/83--Backup Withholding Accounts Opened Before January 1, 1984 You may be notified that you are subject to backup withholding under To certify that the taxpayer identification number is correct for accounts section 3406(aX1XC)because you have underreported interest or opened before January 1, 1984,fill out your name and address,enter your dividends or you were required to but tailed to fife a return which would account number(s)(if applicable).complete Part I.sign and date the form have included a reportable interest or dividend payment.If you have NOT and return it to the payer. - been so notified,check the box ii,PART II.Note:Backup withholding may apply to existing accounts as well as accounts opened after December 31, Accounts Opened After December 31,1983 1983. To certify that the taxpayer identification number is correct and that you are Caution:There are other situations where you may be subject to backup not subject to backup withholding under section 3406(aX1XC)for accounts withholding.Please read the instructions below carefully. opened after December 31. 1983,fill out your name and address,enter Purpose of Form your account numbers)(if applicable),complete Parts I and II,sign and date the form and return it to the payer. • Use this form to report the taxpayer identihcation number(TIN)of the If you are subject to backup withholding and are merely providing your record owner of the account to the payer(or broker). correct taxpayer identification number to the Beginning January 1,1984, generally payer,icab fill out your complete e P fD rig payers nmust eryme withhold f 20%ul address,enter your account number(s)(if applicable),and Part I. taxable interest,dividend.and certain other payments it you tail to furnish payers with the correct taxpayer identification number(this is referred to as Other Payments backup withholding).For most individual taxpayers,the taxpayer identification-number is the social security number. • If you are merely providing your correct taxpayer identification number to To prevent backup withholding on these payments,be sure to notify the payer for payments other than interest.dividends,and patrons e payers of the correct taxpayer identification number and,for accounts you dividends,you need not sign this form.Fill out your name and address, • certify that-you are not subject to enter your account number(s)(if applicable),complete Part I and return open after December 31. 1983,properly- backup withholding under section 3406(aX1XC). the form to the payer. You may use this form to certify that the taxpayer identification number you are giving the-payer is correct and,for accounts opened after Account Numbers December 31,1983,that you are not subject to backup withholding. If you have more than one account with the same payer(for example,a If the payer provides a different form than Form W-9 to request the savings account and a certificate of deposit at the same bank),the payer ta:payer identification number,please use it. may request a separate Form W-9 for each account depending on how the Backup Withholding payer's records are kept. You are subject to backup withholding if: What Number to Give the Payer(1)You fail to furnish your taxpayer identification number to the payer,OR Give the payer the social security number or employer identification (2)The Internal Revenue Service notifies the payer that you furnished an number of the record owner of the account.If the account belongs to you incorrect taxpayer identification number,OR as an individual,give your social security number.If the account is in more (3)You are notified that you are subject to backup withholding(under than one name or is not in the name of the actual owner,see the chart-on section 3406(ax1HC)).OR page 2 for guidelines on which number to report(4)For an interest or dividend account opened after December 31. 1983,you fail to certify to the payer that you are not subject to backup Obtaining a Number withholding under(3)above,or tail to certify your taxpayer identification number. If you don't haves taxpayer identification number or you don 1 kninv your For payments other than interest or dividends,you are subject to backup. number,obtain Form SS-5,Application fora Social Security Number Card, or Form SS-4,Application for Employer Identification Number,at the local withholding only if(1)or(2)above applies. office of the Social Security Administration or the Internal Revenue Service (See the sect ion on the back titled"Payees Exempt from Backup and apply for a number,Write'applied for'in Part I in place of your Withholding.") number.When you get a number,submit a new Form.W-9 to the payer. (Give this form to the payer,not to the internal Revenue Service) Form W4(10:83) DEED OF DEDICATION KNOW ALL MEN BY THESE PRESENTS that Douglas A. Tiefel, whose address is PO Box 17130, Boulder, Colorado 80308-0130,being all of the owners of certain property in Weld County, Colorado,which is described in the attached Exhibit"A",do hereby dedicate forever said property as parts of a public highway,pursuant to Colorado Revised Statute 43-2-201(1)(a), free and clear of all liens and encumbrances, except existing easements, and warrants title to the same. Douglas A. Tiefel, Owner STATE OF COLORADO ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 20 by Douglas A. Tiefel, Owner. Witness my hand and official seal. Notary Public My commission expires: Page 1 of 2 pages ACCEPTANCE The County of Weld, a body corporate and politic of the State of Colorado,by and through its Board of County Commissioners, hereby accepts the above dedication of property as Public Rights-of-Way or a Public Highway, pursuant to Colorado Revised Statute 43-2-201(1)(a). Dated this day of ,20 A 11'EST: COUNTY OF WELD,A BODY CLERK TO THE BOARD OF CORPORATE AND POLITIC OF THE COUNTY COMMISSIONER OF STATE OF COLORADO THE COUNTY OF WELD BY: BY: Deputy Clerk to the Board Glenn Vaad Chair, BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this day of ,20_,by Glenn Vaad,Chair, BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD. Witness my hand and official seal. Notary Public My commission expires: Page 2 of 2 page EXHIBIT A DESCRIPTION: A tract of land located in the East Half of Section 36, Township 3 North, Range 68 West of the 6th Principal Meridian, County of Weld, State of Colorado,being more particularly described as follows: Considering the east line of the Southeast Quarter of said Section 36 as bearing South 00°14'23" East and with all bearings contained herein relative thereto; Commencing at the East 1/4 corner of said Section 36,a found 2-1/2" aluminum cap in a range box (L.S. 23500); thence along said east line South 00°1423" East 301.32 feet; thence South 87°01'53" West 30.04 feet to a point on the west right-of-way line of Weld County Road 13, also the POINT OF BEGINNING;thence South 87°01'53" West 54.65 feet; thence North 00°52'22" West 4.12 feet; thence North 16°56'54" West 85.91 feet; thence North 90°00'00" West, 123.36 feet;thence North 00°14'18" West, 175.44 feet;thence,North 80°51'10"Fast, 119.45 feet; thence North 00°14'12" West 223.33 feet; thence North 00°27'13" West 16.00 feet; thence North 43°07'51" East 72.45 feet; thence North 00°14'01" West 226.13 feet; thence North 89°46'31" East 35.00 feet to the west right-of-way line of Weld County Road 13; thence along said right-of-way line South 00°14'01" East 493.62 feet; thence continuing along said line South 00°14'23" East 302.75 feet to the POINT OF BEGINNING. The above-described parcel contains 1.728 acres,more or less and is subject to all existing easements or rights of way of record or in place. May 9, 2002 Job# 114-006 B.rtf ARP r • r REPRESENTATION OF EXHIBIT A A TRACT OF LAND LOCATED IN THE EAST HALF OF SECTION 36, TOWNSHIP 3 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO M. O IQ I I� >-. I-. Z OID 61 t a- N89'46'31"E I� I 35.00' IR' I I I NOO'14'01"W Let . 226.13' SCALE 1"=200' MAY 9, 2002 . I N43'07'51"E ' I 72.45' I I- ° N00'27'13"W "'.l 16.00' NOO'14'12"W I I WEST RIGHT-OF-WAY 223.33' LINE WCR 13 o . I wt POINT OF N80'51'10" E >' ,,,.,.%' "' `� COMMENCEMENT 119.45' 2 R 68 W . -36 . - . . - : . . — 31— — • • -R 67 W— . o 4 EAST 1/4 CORNER y.5F SEC. 36, TWP. 3 NORTH co NOO'14'18"W 01b` RANGE 68 WEST 3 175.44' , 11 I 150 iL 2 1/2 " ALUM. CAP ,-, V 'j01' IN RANGE BOX L co 4: L.S. 23500 as NO CI N90'00.00"W , • 123.36' 11 g'5"� PROPERTY LINE_ _ "4 - 530 p N16'56'54"W tiry I I 85 91' 0oj`t �y1 s EAST LINE OF THE SOUTHEAST QUARTER 4)•t•le 015 : OF SECTION 36 I be ��f 6• fi (BASIS OF BEARINGS — S 00'14'23" E) rE $ WEST RIGHT—OF—WAY I s,4 POINT OF LINE WCR 13—______ `` 7z"- , BEGINNING .— ' Con non t)ma: moan wwtw•o scr PROJECT wuaer Iq. SEAR-eaowa R.PERMS ar.rm•w SAINT VRAIN CREEK 8 WCR 13 BRIDGE 114_GD(0` 'rethtnas'm:e:=Lc SEAR•BROWN WELD COUNTY,COLORADO • T M.LANG MSc NO. ne"'▪ m rr° 1 of 1• 209 South Meltlmm • •me¢w,rrw rw - nr n FL Collins,CO.80521-2603 mu K WING mina"°n wows R.PERRNS P21947802)-2126 970 4625922 a..rw-rmw n-reason v.•a Pas,tee„[ Fax:1970)4826368 REPRESENTATION OF EXHIBRA ...Win... rm•mi www.searbown.cam �Pc200' </30/0 TEMPORARY CONSTRUCTION EASEMENT A Temporary Construction Easement between Douglas A. Tiefel, whose address is PO Box 17130, Boulder, Colorado 80308-0130, Grantor and the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 915 10th Street Greeley, Colorado 80631, Grantee. Said Temporary Construction Easement is for use during the construction of improvements to Weld County Road#13, Saint Vrain Creek Bridge Replacement, CDOT#13495, in and to, over,under and across the following described land: See Easement Exhibit"A" Together with all rights and privileges as are necessary or incidental to the reasonable and proper use of such easement. Said temporary easement is subject to the following conditions and covenants: 1. Said Temporary Construction Easement shall commence on May 20, 2002, and shall expire and be of no further force or effect upon completion of said Weld County Road#13, Saint Vrain Creek Replacement, CDOT#13495 project. 2. During the term of this temporary easement, Grantor shall not erect or construct, or allow to be erected or constructed, any building or other structures which may interfere with Grantee's full enjoyment of the rights hereunder. 3. As a condition of the granting of this Temporary Construction Easement,the Grantee covenants and agrees to restore said lands to a level comparable to their original condition. 4. All of the covenants herein contained shall be binding upon and inure to the benefit of the parties hereto, their respective personal representatives, successors and assigns. 5. Owner has been advised that Owner could receive just compensation for said Temporary Construction Easement, but wished to donate said Temporary Construction Easement and does not wish to receive compensation. Page 1 of 2 pages IT IS MUTUALLY AGREED AND ACCEPTED that the terms and conditions of this Temporary Construction Easement shall extend to and be binding upon the heirs, executors, administrators successors and assigns of the respective parties hereto. Dated this day of ,2002. Douglas A. Tiefel, Owner TAX ID NUMBER: GRANTEE HEREBY ACCEPTS this Temporary Construction Easement for the purpose set forth herein. Al ZEST: COUNTY OF WELD, STATE OF COLORADO, GRANTEE Deputy Clerk to the Board Glenn Vaad, Chairman, Board of County Commissioners. Page 2 of 2 pages EASEMENT EXHIBIT A DESCRIPTION: A tract of land located in the EastHalf of Section 36, Township 3 North, Range 68 West of the 6th Principal Meridian, County of Weld, State of Colorado,being more particularly described as follows: Considering the east line of the Southeast Quarter of said Section 36 as bearing South 00°14'23" East and with all bearings contained herein relative thereto; Commencing at the East 1/4 corner of said Section 36, a found 2-1/2" aluminum cap in a range box(L.S. 23500);thence along said east line South 00°14'23" East 301.32 feet; thence South 87°01'53" West 84.68 feet to the POINT OF BEGINNING;thence South 87°01'53", West 89.50 feet;thence,North 02°24'38"West, 7.56 feet;thence,North 83°27'49"East, 87.53 feet;thence, South 16°56'54"East, 9.17 feet; thence, South 00°52'22" East, 4.12 feet to the POINT OF BEGINNING. The above-described parcel contains 0.021 acres, more or less and is subject to all existing easements or rights of way of record or in place. May 16, 2002 Job# 114-006 teB.rtf mpm le REPRESENTATION OF EASEMENT EXHIBIT A 1 A TRACT OF LAND LOCATED IN THE EAST HALF OF SECTION 36, TOWNSHIP 3 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO I 'WEST RIGHT-OF-WAY • LINE WCR 13 I • � r POINT OF • ,,,. • COMMENCEMENT I• - . R68W -36 . - - . . C L • - . . - . . -31 . - . R67 • EAST 1/4 CORNER - SEC. 36, 7WP, 3 NORTH RANGE 68 WEST >- < I 2 1/2 " ALUM. CAP IN RANGE BOX SCALE 1"=100' 0 I • SL.S. 23500 MAY 9, 2002 I-I I w• w tin N n HP RI in 1. Z 0inQ OO M X 11 co I a o 918 S.F. In w t in I a 0 • cc. .021 AC. ° to • oi o N 83'27'49" E N ,,• I CU 87.53' o v O CU N 0724'38" W In ° 7.56' PROPERTY LINE EAST LINE OF THE - - - - 1 r.1 I SOUTHEAST QUARTER o S 87'01'53" W I — OF SECTION 36 89.50' O, (BASIS OF BEARINGS — S 0014'2r E) to 0 a S 87'01'53" Wce e POINT OF 84.68' F I- 4- BEGINNING Z• I D• I - I 0 I o WEST RIGHT—OF—WAY Ill LINE WCR 13------._ o 7 I oc La - I I T u I K I I o cn J` .�•� COPYRIGHT®3002 MLCT„p�.ap,Q, 'PROW s'°sm`T3 R.PERMS 4,006 some as SAINT VRAIN CREEK 6 WCR 13 BRIDGE '°eer.u.m.n.s.m'4 U.LANG SEAR•BROWN WELD COUNTY.COLORADO suws as TR‘Tra""� 1 of 1 209 South Mel.wn .asa Arma,a �°°'�'^ Ft.Collins,CO.80521-2803 1.0041°°'l flat" R.PERKINS srr,xr.oa (970)4825922 TELE Or REPRESENTATION sc Nemec 'r.irartawac°' +••'s nweurrc Fax(970)4828368 REPRESENTATION OF EASEMENT EXHIBRA mr^' pi tiL % j'rO0' 5/16/0 www.sea,bmwnxmm LSC TRANSPORTATION CONSULTANTS, INC. — 1889 York Street Denver, CO 80206 �[ (303) 333-1105 FAX (303)333-1107 E-mail: Isc@lscden.com Web Site: http://www.lscden.com TRANSPORTATION CONSULTANTS, INC. October 31, 2001 Mr. Doug Tiefel Columbine Land Resources, Inc. P.O. Box 17130 Boulder, CO 80308 Re: Pelican Shores Weld County, CO (LSC #011270) Dear Mr. Tiefel: We have completed our Traffic Impact Analysis report for the proposed Pelican Shores develop- ment to be located in Weld County, Colorado. The proposed development is located approximately two miles east of I-25 and five miles north of Firestone. The site is expected to contain 40 single-family dwelling units. The following summarizes our analysis. Site Location and Proposed Access The location of the proposed development is shown in Figure 1. Figure 2 illustrates the proposed site plan for the Pelican Shores development. The site is bounded by County Road (CR) 26 on the south, vacant land on the north and on the west, and CR 13 on the east. Access to the site is proposed from CR 13 and CR 26. Existing Street Network As indicated previously, Figure 1 illustrates the location of the site within the surrounding roadways. Major roadways in the vicinity of the site are described below. • SH 66 is a two-lane arterial roadway with east/west continuity through Weld County. It is located north of the proposed Pelican Shores development. According to the Colorado State Highway Access Code, SH 66 is classified as a rural arterial (R-A) and is posted with a 65 mph speed limit. • CR 13 is a two-lane collector roadway with north/south continuity through Weld County. It is located east of the proposed Pelican Shores development. The posted speed limit is 55 mph. ^ Mr. Doug Tiefel Page 2 October 31, 2001 • CR 28 is a two-lane, east/west gravel roadway with continuity from County Line Road on the west to CR 13 on the east. It is located north of the proposed develop- ment. • CR 26 is a two-lane, east/west gravel roadway which extends from CR 93/4 on the west to open space east of SH 85. It is located south of the proposed Pelican Shores development. • CR 24 is a two-lane collector roadway with east/west continuity from I-25 on the west to CR 23 on the east. It is located south of the proposed Pelican Shores development. The posted speed limit is 55 mph. • CR 93/4 is a two-lane, north/south roadway which extends from CR 24 to CR 26. It is located west of the proposed Pelican Shores development. Existing Traffic Conditions Figure 3 shows existing traffic volumes, traffic control and lane geometry at the intersections of State Highway (SH) 66/CR 13, CR 13/CR 28, CR 13/CR 26, CR 13/CR 24 and CR 24/ CR 9 3/4. AM and PM peak-hour turning movement traffic counts were conducted by Counter Measures,Inc.in September 2001,March 2001 and February 2000. Actual turning movement and traffic volume count data are enclosed with this letter. Trip Generation The proposed Pelican Shores development will encompass 40 single-family dwelling units. The amount of traffic that will be generated by the proposed development has been estimated based upon trip generation rates published by the Institute of Transportation Engineers (ITE) in the 6th Edition, 1997, of Trip Generation. The results of the analysis are shown in Table 1, giving the average number of weekday trips and AM and PM peak-hour trips expected to be generated by the Pelican Shores development. As illustrated in Table 1, on an average weekday the proposed development will generate approximately 383 daily vehicle-trips, with approximately 192 entering and 192 leaving the site. Of these, approximately 31 trips will occur during the AM peak-hour, with eight vehicles entering and 23 exiting the site. During the PM peak-hour, approximately 41 trips will occur with 26 entering and 15 exiting the site. Year 2003 and 2021 Projected Background Traffic Future year traffic growth rates were derived from long range traffic projections contained in the Weld County Roadway Improvement Plan, prepared by FHU in 1999. Figures 4 and 5 show the Year 2003 and Year 2021 background traffic volumes, respectively, at the intersections of SH 66/CR 13, CR 13/CR 28, CR 13/CR 26, CR 13/CR 24 and CR 24/CR 9 314. The Year 2003 volumes were derived by compounding the existing Year 2001 volumes and Year 2000 volumes with an annual rate of 3.0 percent, or a two-year growth factor of 1.06 and a three-year growth factor of 1.09. The Year 2021 volumes were derived by compounding the existing Year 2001 Mr. Doug Tiefel Page 3 October 31, 2001 volumes and Year 2000 volumes with an annual rate of 3.0 percent, or a 20-year growth factor of 1.81 and a 21-year growth factor of 1.86. Trip Distribution The directional distribution of site-generated traffic onto adjacent roadways, which provide access to and from the proposed Pelican Shores development, is one of the most important components in the assessment of the proposed Pelican Shores development's traffic impacts. Major factors which influence the traffic distribution assumptions include: • The site's location relative to the surrounding area; • The roadway network servicing the site; • The anticipated access characteristics of the development plan; • The types of land uses anticipated for the site. Considering the combined effects of these factors, specific traffic distribution estimates have been made. Figure 6 shows the directional distribution of the new traffic to be generated by the proposed development. It is estimated that 40 percent of the site-generated traffic will travel north along CR 13 with 35 percent traveling west on SH 66 and five percent traveling east on SH 66. Sixty percent will travel south on CR 13 with 45 percent traveling west on CR 24, five percent traveling east on CR 24, and the remaining ten percent continuing south on CR 13. Trip Assignment Figure 6 shows the assignment of site-generated traffic onto the existing roadway network. These traffic volumes were derived by applying the traffic generation estimates of Table 1 to the distribution percentages also identified in Figure 6. The total traffic volumes were obtained by combining the site-generated traffic volumes from Figure 6 with the projected Year 2003 and Year 2021 traffic in Figures 4 and 5, respectively. The total traffic volumes for the Year 2003 and Year 2021 are illustrated in Figure 7 and 8, respectively. Traffic Impacts In order to assess the traffic impacts resulting from the Pelican Shores development, AM and PM peak-hour capacity analyses were performed for the intersections of SH 66/CR 13, CR 13/ CR 28, CR 13/CR 26, CR 13/CR 24, CR 24/CR 9 3/4, and the two proposed site accesses on CR 13 and CR 26. Analyses were performed for the Year 2003 background traffic, Year 2003 total traffic, Year 2021 background traffic and Year 2021 total traffic. The methodology used is that presented in the nationally accepted Highway Capacity Manual, 2000, published by the Transportation Mr. Doug Tiefel Page 4 October 31, 2001 Research Board of the National Academy of Sciences. The concept of Level of Service (LOS) is used as a basis for computing combinations of roadway operating conditions. By definition, six different Levels of Service are used (A, B, C, D, E, and F) with "A" being a free-flow condition and"E"representing the"capacity" of a given intersection or traffic movement. The summary results of our LOS analyses are shown in Table 2 and the complete analysis print- outs are enclosed with this letter. • SH 66/CR 13: This unsignalized intersection is expected to operate at an excellent Level of Service (LOS "A") in the AM and PM peak-hours through the Year 2003 with or without traffic from the proposed development once separate left-turn lanes are added to the eastbound, northbound and westbound approaches, and a separate right-turn lane is added to the northbound approach. All approaches will operate at LOS"C"or better. Through the Year 2021 this unsignalized intersection is expected to operate at a poor Level of Service (LOS "F") in the AM and PM peak-hours with or without traffic from the proposed development. This intersection is expected to meet MUTCD traffic signal warrants by the Year 2021 based on background traffic projections. As a signalized intersection it is expected to operate at a good overall Level of Service (LOS "C"). • CR 13/CR 28: This unsignalized intersection will operate at an excellent LOS "A" in the AM and PM peak-hours through the Year 2021 with or without the traffic from the proposed development. Furthermore, all approaches of this intersection will operate at an excellent LOS "A" through the Year 2021. • CR 13/CR 26: This unsignalized intersection will operate at an excellent LOS"A" in the AM and PM peak-hours through the Year 2021 with or without the traffic from the proposed development. Furthermore, all approaches of this intersection will operate at LOS "B" or better through the Year 2021. • CR 13/CR 24: his unsignalized intersection will operate at a very good LOS "B" or better in the AM and PM peak-hours through the Year 2021 with or without the traffic from the proposed development. Furthermore, all approaches of this inter- section will operate at a good LOS "C" or better through the Year 2021. • CR 24/CR 9 314: This unsignalized intersection will operate at an excellent LOS "A" in the AM and PM peak-hours through the Year 2021 with or without the traffic from the proposed development. Furthermore, all approaches of this intersection will operate at an acceptable LOS "D" or better through the Year 2021. Both unsignalized site access intersections, with CR 13 and with CR 26, are expected to operate at an excellent Level of Service (LOS "A") in the AM and PM peak-hours once traffic from the proposed Pelican Shores development is added to the existing roadway network. Furthermore, all approaches of this intersection will operate at a very good LOS "B" or better. The average daily traffic impacts of the proposed Pelican Shores development can be expressed in terms of average daily traffic (ADT) volumes, in which site-generated traffic is shown as an increment of total traffic. These comparisons are shown in Figure 9. Traffic volumes for site- generated traffic and total traffic are also compared with anticipated roadway capacity values. Mr. Doug Tiefel Page 5 October 31, 2001 The site-generated traffic for the proposed development will constitute about 0.6 percent of the total Year 2021 traffic on SH 66 west of CR 13 and about 0.1 percent east of CR 13. On CR 13, site-generated traffic will constitute about 3.5 percent of the total Year 2021 traffic. On CR 24, site-generated traffic will constitute about 2.0 percent of the total Year 2021 traffic west of CR 13. East of CR 13, it will constitute about 0.4 percent of Year 2021 total traffic. Based on this, the site-generated traffic will represent a minimal part of the Year 2021 total traffic volumes on the surrounding roadway network. Recommendations In the Year 2021, the intersection of SH 66 should be signalized. SH 66 is also recommended as a four-lane arterial roadway (two lanes in each direction with turn lanes where needed) in the Year 2021. It is recommended that CR 26, adjacent to the site, be paved when the proposed Pelican Shores development is to be built. Conclusions Based upon the foregoing analysis, the following conclusions may be made regarding the proposed Pelican Shores development: 1. When completed, the proposed Pelican Shores development will encompass 40 single-family dwelling units. It is estimated to generate a total of 383 vehicle-trips during an average weekday. Of these,approximately 31 and 41 will occur during the AM and PM peak travel periods, respectively. 2. The directional distribution of site-generated traffic is expected to be 35 percent west on SH 66, five percent east on SH 66,45 percent west on CR 24,five percent east on CR 24 and ten percent south on CR 13. 3. The unsignalized intersection of SH 66 and CR 13 is expected to operate at an excellent LOS "A" in both peak hours through the Year 2003. As a signalized inter- section, the SH 66/CR 13 intersection is expected to operate at a good LOS "C" in both peak hours through the Year 2021. The unsignalized intersections of CR 13/ CR 28, CR 13/CR 26, CR 13/CR 24 and CR 13/CR 9 3/4 are expected to operate at LOS "B" or better in both peak hours through the Year 2021. Both site accesses are expected to operate at excellent LOS "A" through the Year 2021. 4. CR 26, adjacent to the development, should be paved. 5. Traffic impacts associated with the proposed Pelican Shores development are moderate and can be accommodated by the surrounding roadway network once the recommendations made are carried out. * * Mr. Doug Tiefel Page 6 October 31, 2001 We trust that our findings and recommendations will assist in the planning for the proposed Pelican Shores development. Please call us if we can be of further assistance. Respectfully submitted, LSC Transportation Consultants, Inc. `` edta FpBy: Op° ' i,6tPS Alex J. Aryello P.E. w r 14982 6 a AJA/TAL/wc • ' f, 1.-P% � �®e - Enclosures: Tables 1 and 2 Figures 1 through 9 Existing Traffic Count Information Capacity Analyses \\Server\d\LSC\Projects\2001\011270\Report\F-PESH.wpd Table 1 ESTIMATED TRAFFIC GENERATION Pelican Shores Weld County, Colorado (LSC# 011270; November, 2001) Trip Generation Rates (1) Vehicle-Trips Generated Average AM Peak Hour PM Peak Hour Average AM Peak-Hour PM Peak- Hour Trip Generating Category Quantity Weekday In Out In Out Weekday In Out In Out Single Family Homes (2) 40 DU (3) 9.57 0.19 0.56 0.65 0.36 383 8 23 26 15 Notes: (1) Source: "Trip Generation", Institute of Transportation Engineers(ITE), 6th Edition, 1997 (2) ITE Land Use#210-Single Family Detached Housing ) (3) DU = Dwelling Unit -1 Table 2 INTERSECTION LEVELS OF SERVICE(1) RECOMMENDED LANE GEOMETRY �., Pelican Shores Weld County,Colorado (LSC#011270;November,2001) 2003 2003 2021 2021 Background Traffic Total Traffic Background Traffic Total Traffic Level of Level of Level of Level of Level of Level of Level of Level of Traffic Service Service Service Service Service Service Service Service Intersection Location Control AM PM AM PM AM PM AM PM SH 66/CR 13 NB/SB Stop EB Approach A A A A A A A A WB Approach A A A A A A A B NB Approach C C C C F F F F SB Approach C C C C F F F F Average Control Delay 22.6 22.4 22.7 22.7 324.4 276.1 327.0 309.7 Intersection LOS A A A A F F F F SH 66/CR 13 Signal Average Control Delay — — — — 27.4 25.3 27.6 25.3 Intersection LOS — — — — C C C C CR 13/CR 78 EB Stop EB Approach A A A A A A A A NB Approach A A A A A A A A SB Approach A A A A A A A A Average Control Delay .. - - - - - - _ Intersection LOS A A A A A A A A CR 13/CR 26 EBM/B Stop EB Approach B B A B B B B B WB Approach A A A A B B B B NB Approach A A A A A A A A SB Approach A A A A A A A A Average Control Delay 10.1 10.3 9.8 10.3 11.4 12.2 11.2 12.3 Intersection LOS A A A A A A A A CR 13/CR 24 4-Way Stop EB Approach A B A B B C B C WB Approach A A A A B B B 8 NB Approach A A A A B B 8 B SB Approach A A A A B B 8 8 Critical Approach Delay 9.4 11.1 9.5 11.4 14.0 15.8 14.1 16.6 Intersection LOS A 8 A B B B B B CR 24/CR 9 3/4 SB Stop EB Approach A A A A A A A A WB Approach A A ' A A A A A C SB Approach B B B B O C D C Critical Approach Delay 13.8 12.3 13.8 12.3 25.9 21.1 26.4 21.3 Intersection LOS A A A A A A A A CR 13/Site Access ES Stop EB Approach — — A A — — B B NB Approach — — A A — — A A SB Approach — — A A — — A A Critical Approach Delay — — 9.4 9.4 — — 10.2 10.3 Intersection LOS — — A A — — A A CR 26/Site Access SB Stop EB Approach — — A A — — A A WB Approach — — A A — — A A SB Approach — — A A — — A A Critical Approach Delay — — 8.6 8.7 — — 8.6 8.7 ,..., Intersection LOS — — A A — — A A Notes: (1) Using 2000 Highway Capacity Manual(HCM)methodology and Level of Service(LOS)definitions. �' H ' s�Lf 3t 'k r i:F' #l..a �4fi s Pt!�` -xv�. _ y.'ro' yam- t ss₹ ,r f z..''+ i . - , Trz'• f tit" �. rr' &+-n x ,'#. r x 'v: 'fix s _ r ' s ,.n " e '„ zit .i 'v vF kt sE .s rw�y• ,,.„ - �'°` " ,;n3 - i 1,.▪ r, ..tam "▪^a #-s . _ � ¢ �` s m tr+ rc u P ^d .. a' M nT ey -:- +v t: 9 $�� f 4k aY�' 11 ..° F -,--e,„,4„,%.,4; R 3 tY}+ a`i zt t>? iibra .ee v G•s 40 x!V4t. x ,, '. 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'.s :x, ;c,,. te Figure 1 Vicinity October, Pelican Shores(LSC#011270) an r ie w 62 1S — L6 2 ,66 14�_ 1 Cs 412 104 m—i r 1-44 251 42 ��II l 10 42,11 1,} 30 Approximate Scak Scale /'=2500 SH 66 65 5 84:+- 5 a xi E n / uf,i ......, F in SITE r_f 2 ;� t_2 2 ° ,� 1 -t 4 5 / 5 11 at-1- 4- 1 1 6, 1 175 r _ _ CR26 F I 4 4- m a r - - - - J 6 75 (j �J 6 �' 116�2, L2 m I- u I I 4.:1111Y' 1 s' ,° I A �J R 2a� -.I—a I s -�- °7 04n 1 ro 1 I °° s 2 LEGEND: I 46 CA 24 1 F = Stop Sign 55 O 35 = Speed Limit Figure 3 26 __ AM Peak—Hour Traffic Existing Traffic, Traffic 31 PM Peak—Hour Traffic Control and Lane Geometry Gravel Roads October, - - Pelican Shores(LSC#0112702 1 ) 66 ^� es 2z ,1 14 '5-Tr 2 ,61 e1-i `—e 440 140 31 1 1 1—H 214 5, e4�II '2 11 52 SJ 91 Approximate Seale Scale P=2500 SH 66 N f 190 \ 4fi J CR26 U i V let m SITE _Jjl_'�z z z eJ 0 ,-1 I-4 9 a�f r t 1,5 , 1r2 II J 1 21 r - - - D 1'J l_. , 246 yes59 463 4 3 44 1, W ---.- = 16 kJ;1_e 10 m _ t-21 121 \ °` 169 S fill Cs s ,,��ira , e] 2 e2 C2N--"--.CR 24 Figure 4 LEGEND: ...... 26 _ AM Peak—Hour Traffic I' Traffic 2003 1 PM Peak—Hour Traffic Background _ October,2001 Pelican Shores(LSC#011270) INC 1N 8 3 1 rf-e \5� i Approximate Scale Scale:i 2500 SH 66 35% 5% Km \\,,,......+ „......,<N4D /`J I CR28 Z__) 5-1 1 3 fit S 6 4 el", -4- SITE 6 7-1 I 4 J ' 'J L° , 4 Km 3 -- 3 a �� !_15 i t / 1 yi CR24 % 10%t 5% Figure 6 LEGEND: 26 AM Peak—Hour Traffic Directional Distribution and _Li = PM Peak—Hour Traffic Assignment of Site-Generated Traffic _ fS __ Percent Directional October,2001 -- - - 55% Distribution Pelican Shores(LSC#011270) — es r eE i\ 14 20J2`, J 81, te, 444 440 34-1 `45 3J{ b aa-1 11'3 SJ ,a 50 et Approximate Scale Scale-I 2500 SH 66 tb ....1\ji Ib t Y1 \ la } 4J71 (71 28 2_) ad 54 J u rs 144 SITE I <ti - (-'4_ 2 / °Jr 11 i J Vi 13 C--° Cr , �J L4 B4 �, L 4 32 w 12 \ / °° 52, LW e-4 J tat ,��1ro eJ 47 5 ] IX 24 Figure 7 LEGEND: 26 AM Peak—Hour Traffic Year 2003 LT = PM Peak—Hour Traffic Total Tragic October,2001 Pelican Shores(LSC#011270) INC 115 /'••. K1IEJ 42 IT 1t 19 1L1 4 1YTE 415 ]69 266 J51 46] ss-1 C82 96 /9 IIf99 2° 4 29 138 Approximate Scale Scale:/x2,500 SH 66 ]SR 1 1 \ 1 330 ....,./iNN4) ?51 1=O 1:4_Ji CR 28 1_.1 u 6� Zit BB V/ 242 5 N 1 SITE i 9 ° 242 4 15, L4 4 ° 9-i r) a� / 2 996 / — — — _ 311 r X26 - - 3 2\ r - - - - J (4 -423J 13 / ?J a423 ira � ��4 in 1 r j ��s 2 Kilo l 1! S J l`4 1] \ 1]6204 W, LIT 299 138-1 1r-7 W 14* 1 Y2ra2 / >9 92 CR24 Figure 8 LEGEND: 26 AM Peak—Hour Traffic Year 2021 LI = PM Peak—Hour TrafficTotal Tra is October,2001 Pelican Shores(LSC#011270) c .-• it! 135/15,790/20,00 Approximate Scale Scale:l'=2,SW SH 66 20/13,620/20,000 155/4,830/10,000 can /SITE, 185/5,070/10,000 az6 - - - 240/450/5,000 190/4,960/10,000 A 45/800/5,000 20/4,590/10,000 cx 24 175/13,960/10,000 40/5,470/10,000 130/8,790/10,000 Figure 9 �ECENo: Year 2021 Average Daily Site— Traffic Impacts 115/4,800/6,000 = Generated/ Total /Roadway October,2001 Traffic Traffic Capacity Pelican Shores(LSC#011270) .rc Counter Measures ite Code : 00000001 PAGE: 1 /S STREET: Veld CO Rd 9 3/4 FILE: cr93cr24 /N STREET: Veld CO Rd 24 „in., Sue of the Vehicles and Hey Treks DATE: 9/19/01 Ale From North From East From South From Vest Vehicle egin RT THRO LT RT THRO LT RT THU LT RT TRH LT Total 6:30 5 0 2 1 121 0 0 0 0 0 49 2 180 6:45 2 0 0 0 112 0 0 0 0 0 59 7 180 R TOTAL 1 0 2 1 233 0 0 0 0 0 108 9 360 1:00 AN 5 0 1 0 124 0 0 0 0 0 65 5 200 7:15 5 0 2 1 122 0 0 0 0 0 46 6 182 7:30 6 0 0 1 161 0 0 0 0 0 61 8 231 7:45 4 0 1 4 126 0 0 0 0 0 60 6 201 R TOTAL 20 0 4 6 533 0 0 0 0 0 232 2S 820 8:00 AN 6 0 1 1 78 0 0 0 0 0 47 4 137 8:15 3 0 2 0 67 0 0 0 0 0 56 3 131 Break 4:00 PM 3 0 3 5 65 0 0 0 0 0 90 1 167 4:15 5 0 6 2 72 0 0 0 0 0 79 1 16S 4:30 4 0 4 2 75 0 0 0 0 0 105 9 199 4:45 7 0 1 0 69 0 0 0 0 0 123 2 202 R TOTAL 19 0 14 9 281 0 0 0 0 0 391 13 733 .J PM 3 0 0 0 70 0 0 0 0 0 111 1 185 5:15 1 0 2 0 59 0 0 0 0 0 117 5 184 5:30 2 0 0 1 70 0 0 0 0 0 93 3 169 5:45 6 0 1 0 60 0 0 0 0 0 103 2 172 R TOTAL 12 0 3 1 259 0 0 0 0 0 424 11 710 AY TOTAL 67 0 26 18 1451 0 0 0 0 0 1264 65 2891 r Counter Measures ite Code : 00000001 PAGE: 1 IS STREET: Weld CO Rd 9 3/4 FILE: cr93cr24 /W STREET: Weld CO Rd 24 Movements by: Bvy Trcks DATE: 9/19/01 ime From North From East From South From West Vehicle egin RI THHO LT RI TRIM LT RT THU LT RV THHO LT Total 6:30 4 0 2 1 2 0 0 0 0 0 0 2 11 6:45 1 0 0 0 2 0 0 0 0 0 1 3 7 R TOTAL 5 0 2 1 4 0 0 0 0 0 1 5 18 7:00 AM 5 0 1 0 1 0 0 0 0 0 2 1 10 7:15 3 0 1 1 0 0 0 0 0 0 1 1 7 7:30 3 0 0 0 2 0 0 0 0 0 0 3 8 7:45 4 0 1 1 2 0 0 0 0 0 1 3 12 H TOTAL 15 0 3 2 5 0 0 0 0 0 4 8 37 8:00 AM 5 0 0 1 2 0 0 0 0 0 3 3 14 8:15 3 0 1 0 0 0 0 0 0 0 0 1 5 Break 4:00 PN 1 0 2 4 4 0 0 0 0 0 2 1 14 4:15 1 0 3 0 2 0 0 0 0 0 1 0 7 4:30 3 0 0 1 3 0 0 0 0 0 4 3 14 4:45 1 0 0 0 2 0 0 0 0 0 2 0 5 R TOTAL 6 0 5 5 11 0 0 0 0 0 9 4 40 "s1 PN 2 0 0 0 2 0 0 0 0 0 1 0 5 ..5 0 0 0 0 2 0 0 0 0 0 2 2 6 5:30 0 0 0 1 4 0 0 0 0 0 1 1 7 5:45 0 0 0 0 1 0 0 0 0 0 1 1 3 R TOTAL 2 0 0 1 9 0 0 0 0 0 5 4 21 AY TOTAL 36 0 11 10 31 0 0 0 0 0 22 25 135 r Counter Measures PAGE: 1 ite Code : 00000001 I/S STREET: Weld CO Rd 9 3/4 FILE: cr93cr24 ./Y STREET: Weld CO Rd 24 Sna of the Vehicles and Hvy Treks DATE: 9/19/01 PEAK PERIOD ANALYSIS FOR THE PERIOD: 6:30 AM - 8:30 AM DIRECTION START PEAK HR VOLUMES PERCENTS ... FROM PEAK HOUR FACTOR Right Thru Left Total Right Thru Left North 7:15 AN 0.89 ZI 0 4 25 84 0 16 East 7:00 AN 0.83 6 533 0 539 1 99 0 South 1:00 AM 0.00 0 0 0 0 0 0 0 Vest 6:45 AM 0.92 0 231 26 251 0 90 10 Entire Intersection North 7:00 AM 0.86 20 0 4 24 83 0 17 East 0.83 6 533 0 539 1 99 0 South 0.00 0 0 0 0 0 0 0 Vest 0.92 0 232 2S 257 0 90 10 Weld CO Rd 9 3/4 N W+E S :`;•'- 31::;i-it :$ 20 0 II4 J EiEkiiii:agir:.:.:.5:53:>.:,:: 24 6 r „:,-,,:„..„:„•„-::::::,„:-.3,::::::4„.,:„.,:,....x.:.....::::::::::::::::::::,:„...,,,:, „:„.„:„.„*„...........:.............................:::: ::::::::::::::::„ Weld CO Rd 24 539 533 ......... 25 L 0 ffe 232 257 Weld CO Rd 24 - :23o J 0 0 • 0 0 0 --;z't O t's2: ;3222 fxgAmkkmzetg Weld CO Rd 9 3/4 • .32.......3..........:2333: Counter Measures ite Code : 00000001 PAGE: 1 /S STREET: Veld CO Rd 9 3/4 FILE: cr93cr24 /V STREET: Veld CO Rd 24 Sum of the Vehicles and Hvy Treks DATE: 9/19/01 PEAK PERIOD ANALYSIS FOR THE PERIOD: 4:00 PM - 6:00 PM DIRECTION START PEAK HR VOLUMES .... PERCENTS ... FROM PEAK HOUR FACTOR Right Thru Left Total Right Thru Left North 4:00 PM 0.75 19 0 14 33 58 0 42 East 4:00 PM 0.94 9 281 0 290 3 97 0 South 4:00 PM 0.00 0 0 0 0 0 0 0 Vest 4:30 PM 0.95 0 456 17 473 0 96 4 Entire Intersection North 4:30 PN 0.69 15 0 7 22 68 0 32 East 0.89 2 273 0 275 1 99 0 South 0.00 0 0 0 0 0 0 0 West 0.95 0 456 17 473 0 96 4 Weld CO Rd 9 3/4 al N WtE 19 Zgg 15 0 7 L 22 2 r yakeei 288 ': Weld CO Rd 24 275 273 ......... 17 L 0 gff 456 473 Weld CO Rd 24 %`c:: 463 gitgigtKti:K:K:iff:3:::: 0 0 iiiiii - 212221 1 ..... ................................. 0 0 0 0 Weld CO Rd 9 3/4 0 �a.is q31—is cp... AL0 sr7 S Sw • • V �� Hello