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Home My WebLink About20033145.tiff • fr\ i(tt: ‘ PUD FINAL PLAT WUDc. ADMINISTRATIVE REVIEW COLORADO CASE NUMBER: PF-622 PLANNER: S. Lockman APPLICANT: Shultz Farm, Inc. c/o Steve Shultz ADDRESS: 21475 WCR 19, Milliken, CO 80543 REQUEST: The Estates at Hill Lake Planned Unit Development Final Plan for nine (9) residential lots with Estate Zone Uses along with 9.4 acres of open space LEGAL DESCRIPTION: Lot B RE-2838, being Pt. NW4 Section 31, T4N, R67W of the 6th P.M., Weld County, Colorado LOCATION: East of and adjacent to County Road 13; Ys mile north of County Road 38 ACRES: 20+/- PARCEL#: 1059 31 000036 THE DEPARTMENT OF PLANNING SERVICES' STAFF APPROVES THIS APPLICATION FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 27-7-30 of the Weld County Code. 2. The request is in conformance with Section 27-7-40.C of the Weld County Code, as follows: A. Section 27-7-40.C.1--That the proposal is consistent with Chapters 19, 22,23,24 and 26 of the Weld County Code. 1) Section 22-2-190.D.2.b, PUD.Policy 4.2 "A planned unit development which includes a residential use should provide common open space free of buildings, streets, driveways or parking areas. The common open space should be designed and located to be easily accessible to all the residents of the project and usable for open space and recreation...." The application indicated 9.4 acres of open space surrounding the lots. The application indicates that the open space will serve as a buffer for the residential lots from the adjacent properties.The open space will also be used by the residents of the PUD as open space. 2) The application proposes non-urban scale development as defined by Section 27-2-140 of the Weld County Code. Section 27-2-140 defines non-urban scale development as "...developments comprising of nine (9) or fewer residential lots, located in a non-urban area as defined in Chapter 22 of the Weld County Code, not adjacent to other PUDs, subdivisions, municipal boundaries or urban growth corridors." 3) Section 22-3-50.B.1, P.Goal 2 "Require adequate facilities and services to assure the health, safety and general welfare of the present and future residents of the County." The proposed PUD will be serviced by Little Thompson Water District for potable water and fire protection requirements. Individual sewage disposal systems will handle the effluent flow. 4) The proposed site is not influenced by any intergovernmental agreements or the Mixed Use Development area. /-)2_ PF-622,Estates at Hill Lake PUD 1 2C)1)j - y5 B. Section 27-7-40.C.2--That the uses which would be allowed in the proposed PUD will conform with the performance standards of the PUD Zone District contained in Article II, Chapter 27 of the Weld County Code.The applicant has met the twenty performance standards as delineated in Section 27-2-10 regarding access, buffering and screening, bulk requirements, circulation, etcetera. The applicants have submitted an Improvements Agreement According Policy Regarding Collateral for Improvements (Public Road Maintenance). The Improvements Agreement will be required to be approved and accepted by the Board of County Commissioners prior to recording the final plat. C. Section 27-7-40.C.3--That the uses which would be permitted will be compatible with the existing or future development of the surrounding area as permitted by the existing zoning, and with the future development as projected by Chapter 22 of the Weld County Code or master plans of affected municipalities.The proposed site is not influenced by an Inter-Governmental Agreement. The Town of Mead objects to The Estates at Hill Lake being approved as an unincorporated subdivision and have requested that the applicants annex into the town. The Towns of Johnstown, Berthoud and Milliken indicated no conflicts with their interests. D. Section 27-7-40.C.4--That adequate water and sewer service will be made available to the site to serve the uses permitted within the proposed PUD in compliance with the performance standards in Article II, Chapter 27 of the Weld County Code. The Weld County Department of Public Health and Environment has indicated that the proposal does meet current Health Department policy and the application has satisfied Chapter 27 of the Weld County Code in regard to water and sewer. E. Section 27-7-40.C.5 -- That street or highway facilities providing access to the property are adequate in functional classification, width, and structural capacity to meet the traffic requirements of the uses of the proposed PUD Zone District. The Weld County Public Works Department has indicated that the applicant must coordinate work in the right-of-way with the County's railroad crossing project. Various concerns such as grades, drainage, and sight distance will need to be orchestrated between the County's railroad crossing project and the Estates at Hill Lake. F. Section 27-7-40.C.6—In the event the street or highway facilities are not adequate, the applicant shall supply information which demonstrates the willingness and financial capacity to upgrade the street or highway facilities in conformance with the Transportation Sections of Chapters 22, 24 and 26, if applicable. The applicants have submitted an Improvements Agreement According to Policy Regarding Collateral for Improvements (Public Road Maintenance). The Improvements Agreement will be required to be approved and accepted by the Board of County Commissioners prior to recording the final plat. G. Section 27-7-40.C.7 -- That there has been compliance with the applicable requirements contained in Chapter 23 of the Weld County Code regarding overlay districts,commercial mineral deposits, and soil conditions on the subject site. Conditions of Approval and Development Standards ensure that soil conditions shall be considered when placing structures or Individual Sewage Disposal Systems. The site is not located within an overlay district. H. Section 27-7-40.C.8--If compatibility exists between the proposed uses and criteria listed in the development guide,and the final plan exactly conforms to the development guide. The proposed PUD Final Plan uses are compatible with the criteria listed in the developmental guide. PF-622, Estates at Hill Lake PUD 2 The Department of Planning Services'approval is conditional upon the following: 1. Prior to Recording the PUD Final Plat: A. The applicant shall enter into an Improvements Agreement According to Policy Regarding Collateral for Improvements (Public Road Maintenance). This agreement shall be approved by the Board of County Commissioners. (Department of Public Works) B. The applicant shall submit the appropriate fee(currently$6 per page)for recording the Restrictive Covenants for The Estates at Hill Lake PUD in the Office of the Clerk and Recorder.(Department of Planning Services) C. The applicant shall submit evidence that all concerns regarding the 20 foot irrigation easement bisecting the property roughly along the lot lines between Lots 3 and 4 and Lots 5 and 6 have been resolved to the satisfaction of the Weld County Department of Public Health and Environment. (Department of Public Health and Environment) D. The applicant shall submit a digital file of all drawings associated with the Final Plan application. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is.tif(Group 4).(Group 6 is not acceptable).(Department of Planning Services) E. The applicant has submitted a plan for the entrance sign. The sign is noted as being eight feet six inches(8'-6")by four feet two inch(4'-2").In accordance to section 23-4-80.A.3,the maximum size for the sign shall be thirty-two (32) square feet. (Department of Planning Services) F. The Public Works Department will not require the applicant to provide roadside ditches or contain the roadside drainage within the right-of-way; however, the applicant and engineer shall document specific improvements to handle roadside drainage and the development drainage on the Final Plat (with drawing(s) and note(s)) including the Final Drainage Report (to be included in the discussion). By doing so, the lots and future property owners shall be insured that home structures shall not be inundated with storm water up to and including the 100-year storm by the applicant. Evidence of Public Works approval shall be submitted to the Department of Planning Services. (Department of Public Works) G. The Plat shall be amended to include the following: 1) All plats shall be labeled:The Estates at Hill Lakes PUD, Final Plan, PF-622(Department of Planning Services) 2) A utility service statement block as indicated by Section 27-9-40.8 of the Weld County Code with all appropriate signatures. (Department of Planning Services) 3) A note indicating that the 20 foot irrigation easement bisecting the property roughly along the lot lines between Lots 3 and 4 and Lots 5 and 6 is a below-ground,piped irrigation ditch or a new arrangement for the absorption fields and irrigation ditches as approved by the Weld County Department of Public Health and Environment.(Department of Public Health and Environment) 4) Utility and drainage easements shall be extended from Lot 9 and Lot 1 to County Road 13 adjacent to Hill Lake Drive. (Utility Advisory Committee) 5) The utility and drainage easement shall be removed from the open space/landscape area PF-622, Estates at Hill Lake PUD 3 directly west of Lot 1 and Lot 9. The twenty foot(20')easement on the west side of Lot 1 and Lot 9 shall extend to the fifteen foot(15')easement in the open space. (Utility Advisory Committee) 2. The Final Plat is conditional upon the following and that each be placed on the Final Plat as notes prior to recording: - A. The Planned Unit Development shall consist of nine (9) residential lots along with 9.4 acres of open space as indicated in the application materials on file in the Department of Planning Services. The lots will adhere to the uses allowed in the E (Estate) Zone District except for minimum lot size which will be one (1) acre. The PUD will be subject to and governed by the Conditions of Approval stated hereon and all applicable Weld County Regulations.(Department of Planning Services) B. Water service shall be obtained from the Little Thompson Water District. (Department of Public Health and Environment) C. This subdivision is in rural Weld County and is not served by a municipal sanitary sewer system. Sewage disposal shall be by septic systems designed in accordance with the regulations of the Colorado Department of Public Health and Environment,Water Quality Control Division and the Weld County Code in effect at the time of construction, repair, replacement, or modification of the system.Septic systems shall be designed for site-specific conditions,including but not limited to, poor percolation rates, shallow groundwater, bedrock, gravel and/or clay soils. (Department of Public Health and Environment) D. Preservation and/or protection of the absorption field envelopes shall require that permanent landscaping,structures,dirt mounds or other items are expressly prohibited in the absorption field site. (Department of Public Health and Environment) E. If required, the applicant shall obtain a storm water discharge permit from the Water Quality Control Division of the Colorado Department of Public Health and the Environment. Silt fences shall be maintained on the down gradient portion of the site during all parts of the construction phase of the project. (Department of Public Health and Environment) F. During development of the site, all land disturbances shall be conducted so that nuisance conditions are not created. If dust emissions create nuisance conditions, at the request of the Weld County Health Department, a fugitive dust control plan must be submitted. (Department of Public Health and Environment) G. In accordance with the Regulations of the Colorado Air Quality Control Commission any development that disturbs more than 5 acres of land must incorporate all available and practical methods which are technologically feasible and economically reasonable in order to minimize dust emissions. (Department of Public Health and Environment) H. If land development creates more than a 25 acre contiguous disturbance, or exceeds 6 months in duration,the responsible party shall prepare a fugitive dust control plan,submit an air pollution emissions notice, and apply for a permit from the Colorado Department of Public Health and Environment. (Department of Public Health and Environment) I. A Home Owner's Association shall be established prior to the sale of any lot. Membership in the Association is mandatory for each parcel owner. The Association is responsible for liability insurance, taxes and maintenance of open space, streets, private utilities and other facilities. Open space restrictions are permanent. (Department of Planning Services) PF-622,Estates at Hill Lake PUD 4 J. Weld County's Right to Farm as delineated on this plat shall be recognized at all times. (Department of Planning Services) K. No animal units will be allowed on the open space. (Department of Planning Services) L. Oil and gas facilities within the subdivision must be fenced to avoid tampering. (Sheriff's Office) M. All signs including entrance signs shall require building permits.Signs shall adhere to Section 23- 4-80 of the Weld County Code. These requirements shall apply to all temporary and permanent signs. (Department of Planning Services) N. Building permits shall be obtained prior to the construction of any building or structure. (Department of Building Inspection) O. A plan review is required for each building. Plans shall bear the wet stamp of a Colorado registered architect or engineer. Two complete sets of plans are required when applying for each permit. (Department of Building Inspection) P. Buildings shall conform to the requirements of the codes adopted by Weld County at the time of permit application. Current adopted codes include the 1997 Uniform Building Code, 1998 International Mechanical Code,1997 International Plumbing Code,2002 National Electrical Code and Chapter 29 of the Weld County Code. (Department of Building Inspection) Q. Each building will require an engineered foundation based on a site-specific geotechnical report or an open hole inspection performed by a Colorado registered engineer. Engineered foundations shall be designed by a Colorado registered engineer. (Department of Building Inspection) R. Building height shall be limited to the maximum height allowed per UBC Table 5-B. Wall and opening protection and limitations shall be in accordance with UBC Table 5-A. (For residential occupancies, walls shall be protected with one-hour fire resistive construction within three feet of property lines and openings are not permitted within three feet of property lines) Separation of buildings of mixed occupancy classifications shall be in accordance with UBC Table 3-B and Chapter 3. Setback and offset distances shall be determined by the Zoning Ordinance. (Department of Building Inspection) S. Building height shall be measured in accordance with the 1997 Uniform Building Code for the purpose of determining the maximum building size and height for various uses and types of construction and to determine compliance with the Bulk Requirements from Chapter 27 of the Weld County Code. Building height shall be measured in accordance with Chapter 23 of the Weld County Code in order to determine compliance with offset and setback requirements. Offset and setback requirements are measured to the farthest projection from the building. (Department of Building Inspection) T. Installation of utilities shall comply with Section 24-9-10 of the Weld County Code. (Department of Planning Services) U. The property owner shall be responsible for complying with the Performance Standards of Chapter 27, Article II and Article VIII, of the Weld County Code. (Department of Planning Services) V. The site shall maintain compliance at all times with the requirements of the Weld County Departments of Public Works, Public Health and the Environment, and Planning Services, and adopted Weld County Code and Policies. (Department of Planning Services) PF-622,Estates at Hill Lake PUD 5 W. Weld County personnel shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County Regulations. (Department of Planning Services) X. Section 27-8-70 of the Weld County Code-Failure to Commence a Planned Unit Development Final Plan - If no construction has begun or no USE established in the PUD within one(1)year of the date of the approval of the PUD Final Plan, the Board of County Commissioners may require the landowner to appear before the it and present evidence substantiating that the PUD Final Plan has not been abandoned and that the applicant possesses the willingness and ability to continue the PUD. The Board may extend the date for initiation of the PUD construction and shall annually require the applicant to demonstrate that the PUD has not been abandoned. If the Board determines that conditions supporting the original approval of the PUD Final Plan have changed or that the landowner cannot implement the PUD Final Plan, the Board may, after a public hearing, revoke the PUD Final Plan and order the recorded PUD Plan vacated. Y. Section 27-8-80.A of the Weld County Code- Failure to Comply with the PUD Final Plan -The Board of County Commissioners may serve written notice upon such organization or upon the owners or residents of the PUD setting forth that the organization has failed to comply with the PUD Final Plan. Said notice shall include a demand that such deficiencies of maintenance be cured within thirty(30)days thereof. A hearing shall be held by the Board within fifteen(15)days of the issuance of such notice, setting forth the item, date and place of the hearing. The Board may modify the terms of the original notice as to deficiencies and may give an extension of time within which they shall be rectified. Z. Section 27-8-80.6 of the Weld County Code-Any PUD Zone District approved in a Final Plan shall be considered as being in compliance with Chapter 24 of the Weld County Code and Section 30-28-101, et seq., CRS. 3. Upon completion of 1 and 2 above, the applicant shall submit two (2) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services.Upon approval of the paper copies the applicant shall submit a Mylar plat along with all other documentation required as conditions of approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services'Staff. The plat shall be prepared in accordance with the requirements of Section 27-9-20 of the Weld County Code. The Mylar plat and additional requirements shall be submitted within thirty (30) days from the date the Administrative Review was signed. The applicant shall be responsible for paying the recording fee. 4. No development activity shall commence, nor shall any building permits be issued on the property until the final plan has been approved and recorded. (Department of Planning Services) 5. Section 27-8-60 of the Weld County Code-Failure to Record a Planned Unit Development Final Plan- If a Final Plan plat has not been recorded within one (1)year of the date of the approval of the PUD Final Plan, or within a date specified by the Board of County Commissioners, the Board may require the landowner to appear before it and present evidence substantiating that the PUD Final Plan has not been abandoned and that the applicant possesses the willingness and ability to record the PUD Final Plan plat. The Board may extend the date for recording the plat. If the Board determines that conditions supporting the original approval of the PUD Final Plan cannot be met,the Board may,after a public hearing,revoke thee PUD Final Plan; By AP/ niil E Date September 2, 2003 Sheri Lockman •3 Planner II PF-622,Estates at Hill Lake PUD 6 MINUTES OF THE WELD COUNTY UTILITIES ADVISORY COMMITTEE A regular meeting of the Weld County Utilities Coordinating Advisory Committee was held on Thursday, August 14, 2003, at 10:00 a.m., in the Conference Room of the Weld County Planning Department at 1555 N. 17th Avenue, Greeley, Colorado. Members Present: Doug Dalton, Xcel Energy; Don Carroll & Peter Schei, Weld County Department of Public Works; Don Somer, Qwest; Jerry Adams, Atmos Energy. Also Present: Planner; Sheri Lockman and Donita May, Secretary. Doug Dalton called the meeting to order. 1. APPLICANT: Schultz Farm Inc. CASE NUMBER: PF-622 PLANNER: Sheri Lockman REQUEST: Project PUD final plan for nine (9) lots with Estate Zone Uses along with 9.4 acres of open space. LEGAL: Lot B RE-2838; being part NW4 Section 31, T4N, R67W of the 6`" P.M., Weld County Colorado, LOCATION: East of and adjacent to CR 13; '/2 mile north of CR 38 Sheri Lockman, Department of Planning, presented Case PF-622. Ms. Lockman listed the utility providers: Little Thompson Water District; sewage disposal systems, ISDS; gas, LP; telephone, Qwest and Xcel Energy, electric. Todd Hodges was present, representing the applicant. Doug Dalton, Xcel Energy, said the only possible problem might be at the entrance, where he wanted to see the easement extended about twenty(20)feet to the roadway on both sides. Mr. Dalton also inquired whether the fifteen (15)foot utility easement running north and south of the entrance was really necessary? Ms. Lockman asked that the utility easement be removed from the landscaped area and adjusted into the open space so that it meets into lot 9 and lot 1. Mr. Dalton suggested if it came straight out from the entrance, they would have no further problems with the configuration. Mr. Hodges, applicant's representative, agreed that made sense, as the applicant wanted to keep the trees planned for the open space. Don Carroll, Weld County Department of Public Works, explained that the additional seventy (70)foot area for right-of-way adjacent to the property on CR 13 was required because CR 13 was a major arterial in the area. He also said he had visited the site last week and that the water was in and the site had been rough graded. Don Somer, Qwest, motioned to approve PF-622 to include the recommendation that the utility easement be removed from the landscaped area and adjusted into the open space so that it meets into lot 9 and lot 1. Don Carroll, Public Works, seconded the motion. Motion carried unanimously. Respectfully submitted, LAD Donita - 3y _ecra a DEPARTMENT OF PLANNING SERVICES - rilePHONE (970) 353-6100, EXT.3540 T FAX304-6498 7T AVENUE 1555 (970)H AVENUE GREELEY, COLORADO 80631 Illik COLORADO July 22, 2003 Schultz Farm Inc. do Todd Hodges Design LLC 1269 North Cleveland Avenue Loveland CO 80537 Subject: PF-622- Request for approval of a PUD final plan for nine (9) lots with Estate Zone Uses along with 9.4 acres of open space on a parcel of land described as Lot B RE-2838; being part NW4 Section 31, T4N, R67W of the 6th P.M., Weld County, Colorado. Dear Applicants: Your application and related materials for the request described above are complete and in order at the present time. I have scheduled a meeting with the Weld County Utilities Advisory Committee for Thursday, August 14, 2003, at 10:00 a.m. This meeting will take place in the Weld County Planning Department, Room 210, 1555 N. 17th Avenue, Greeley, Colorado. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the Berthoud, Johnstown, Mead and Milliken Planning Commission for their review and comments. Please call Berthoud at (970) 532-3754, Johnstown at (970) 587-4664, Mead at (970) 535-4477 and Milliken at (970) 587-4331, for information regarding the date, time and place of the meeting and the review process. It is recommended that you and/or a representative be in attendance at each of the meetings described above in order to answer any questions that might arise with respect to your application. A representative from the Department of Planning Services will be out to the property to post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing time, date, and location. In the event the property under consideration is not adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place on the property and post a second sign at the point at which the driveway(access drive) intersects a publicly maintained road right-of-way. The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County Planning Commission. It is the responsibility of the applicant to contact the Department of Planning Services office a few days before the date of the hearing to obtain that recommendation. If you have any questions concerning this matter, please feel free to call me. Sincerely, S Teri Lccunan Planner NOTICE OF PUBLIC HEARING The Weld County Utilities Advisory Committee will hold a public hearing on Thursday, August 14, 2003, at 10:00 a.m., for the purpose of considering a PUD final plan for nine (9) lots with Estate Zone Uses along with 9.4 acres of open space for the property described below. Approval of the request may create a vested property right pursuant to Colorado Law. CASE NUMBER: PF-622 PLANNER: Sheri Lockman APPLICANT: Schultz Farm Inc LEGAL DESCRIPTION: Lot B RE-2838; being part NW4 Section 31, T4N, R67W LOCATION: East of and adjacent to CR 13; '/% mile north of CR 38. For a more precise location, see legal. TYPE AND INTENSITY OF PROPOSED USE: PUD final plan for nine (9) lots with Estate Zone Uses along with 9.4 acres of open space SIZE: acres, more or less. The public hearing will be held in Room 210, Weld County Planning Department, 1555 N. 17th Avenue, Greeley, Colorado. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 1555 N. 17th Avenue, Greeley, Colorado 80631, before the above date or presented at the public hearing on August 14, 2003. Copies of the application are available for public inspection in the Department of Planning Services, 1555 N. 17th Avenue, Greeley, Colorado 80631. Please call Donita May, at Phone # (970) 353-6100, Ext. 3540, or Fax # (970) 304-6498, prior to the day of the hearing so that reasonable accommodations can be made if, in accordance with the Americans with Disabilities Act, you require special accommodations in order to participate in this hearing as a result of a disability." Douglas Dalton, Chair Weld County Utilities Advisory Committee To be published in the South Weld Sun. To be published one (1)time by July 31, 2003. NOTICE OF PUBLIC HEARING The Weld County Utilities Advisory Committee will hold a public hearing on Thursday, August 14, 2003, at 10:00 a.m., for the purpose of considering a PUD final plan for nine (9) lots with Estate Zone Uses along with 9.4 acres of open space for the property described below. Approval of the request may create a vested property right pursuant to Colorado Law. CASE NUMBER: PF-622 PLANNER: Sheri Lockman APPLICANT: Schultz Farm Inc LEGAL DESCRIPTION: Lot B RE-2838; being part NW4 Section 31, T4N, R67W LOCATION: East of and adjacent to CR 13; '/3 mile north of CR 38. For a more precise location, see legal. TYPE AND INTENSITY OF PROPOSED USE: PUD final plan for nine (9) lots with Estate Zone Uses along with 9.4 acres of open space SIZE: 20 acres, more or less. The public hearing will be held in Room 210, Weld County Planning Department, 1555 N. 17th Avenue, Greeley, Colorado. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 1555 N. 17th Avenue, Greeley, Colorado 80631, before the above date or presented at the public hearing on August 14, 2003. Copies of the application are available for public inspection in the Department of Planning Services, 1555 N. 17th Avenue, Greeley, Colorado 80631. Please call Donita May, at Phone# (970)353-6100, Ext. 3540, or Fax# (970)304-6498, prior to the day of the hearing so that reasonable r- r; ti E a je i; r A '�;r r accommodations can be made if, in 1.."' pit"t LLuj l t tJ accordance with the Americans with I Disabilities Act, you require special 1 , n accommodations in order to participate Z N4UJ in this hearing as a result of a disability." Douglas Dalton, Chair Weld County Utilities Advisory Committee To be published in the South Weld Sun. To be published one (1)time by July 31, 2003. T lab wilt EMS Zone Uses along was 9.4 acme of Mon ewe illattscPrely STATE OF COLORADO ) described baker.Approval s.s, of the nicpadiaymain vested property right COUNTY OF WELD ) pursuant p Colorado Law. CAIENW!!N:PFl22 Ruth Pelton-Roby, as manager of Pelton PLANNER:Sheri Lockman Publishing Company LLC, being duly sworn, states that it is publisher of the AMWR Farm IFPt1CANT.S South Weld Sun, a weekly newspaper mu_BESc fiokLot published in Keenesburg in said County B RE-2839; being pan RYV4 Section and State; that said newspaper has a R8 37' 7�"' 7w general circulation in said County and has LOCATION: East of an been continuously and uninterruptedly adjacent to CR 13;ie mile north of CR a more published therein, during a period of at �seell.S. least fifty-two consecutive weeks prior to TYPE MDIKIENSITY OF the first publication of the annexed notice; PROPOSED,USE: PUC final plan for nine(9)kb that said newspaper is a newspaper with EstateEstateZo Zone Uses ith within the meaning of the act of the *Pen 9.4 °°°' of General Assembly of the State of Colorado, entitled "An Act to regulate the ins. '20 acres,more or printing of legal notices and The public hearing veil be advertisements" and amendments held id Roan 210, Weld County Planning thereto; that the notice of which the Department 1555 N. 17th annexed is a printed copy taken from said Avenue,am , objections ableanns newspaper, was published in said related to the above request should be newspaper, and in the regular and entire submNad in writing to the Weld County Department Nof issue of every number thereof, once a Pittman Services.1555 N. week for ( successive weeks; that 17th Avenue, Greeley. Colorado 900.11.before said notice was so published in said the above date or newspaper r0 proper and not in any hearing sented a Authegust Pubic P P hearing on Atypet 14, supplement thereof, and that the first 2003. Copts a the application publication of said notic s aforesaid, are . for public as on the day of inspection C,part Department of in the_ ng 2003, and the last Services, 1555 N. 1 Avenue,Grabby,Colorado 80531 o he day of 2003. Pinata(Donk@ Phone (970) 33534100 Ext 3540,or Fet 9(970) 3048195.prior to the day of the hearing a that rPELT LISHING COMPANY LLC accommodations can Ibe �� )J ^ ^r /� made B.Naxorance willi '1(�J//ti`�[�(Iv �O the Americans with By Diabi iel Act you require special aammodabns in Ruth Pelton-Roby NOTICE OF PUBLIC order to Parbrgale b this HEARING hearing a • rake a a disability.- Its: Manager The Weld County Maas Douglas Dalton,Choi Advisory Committee hold . public own Weld�Ceun Utilities Subscribed and sworn to before me this Thueay.AaltW1+,2003. a 10:00 a.m., for the Weld Sun in the South Z purpose of cxwnereq a Wen Bun July 31.2003. f 1 day of -3 1. L' , 2003. ,,,wsr.'+i'l rr;, ,PUD 5naiwn for nine(9) , . "n, . ,.,,/ Notary Publi • My Commis on expires: 91 in , 07 3, Todd Hodges Design, LI.,C ' 1269 North Cleveland Avenue Loveland,Colorado 80537/(970)613-8556 Letter of Transmittal Date: 10-Jul-03 To: Sheri Lockman Weld County Planning Services Project: Final Plan Application -The Estates at Hill Lake Via: Fax UPS Mail Overnight Pick Up Courier X Hand Deliver We Transmit for your. Information Files Approval X Correction Signature Return Number of Copies: 24 Number of Pages: Transmittal + Packets Remarks: Attached are several items: One original and three copies of the original application packet for the Final Plan of The Estates at Hill Lake. These four copies contain the following information: Applicatoin and Authorization Forms, Application Requirements and response to staff comments from the Change of Zone, Specific Development Guide, Road Access Information Form, FEMA and Soils Maps and Narratives, Deed, Certificate of Title, Weld County Treasurer's Tax Statement, Little Thompson Water District Agreement. Covenants, Improvements Agreement and Construction Schedule. Engineering Set, Final Plan, Landscape Plan, Sign Plan, and a copy of the Recorded Change of Zone application. There are twenty-one (21) copies of a reduced set of application materials including: Applicatoin and Authorization Forms. Application Requirements and response to staff comments from the Change of Zone. Specific Development Guide, Road Access Information Form, FEMA and Soil Maps and Narrative Final Plan, Landscape Plan. Utility Plan. Also attached are ten extra Utility Plans. Check#2207 for$577.00 is also attached to cover application) fees. Please contact us for additional information. Our office number is (970)613-8556. Thank you. Todd Hodges Design, LLC .. Todd Hodges Design, LLC PUD Final Plan Application The Estates at Hill Lake Non-Urban Development (specific guide) Prepared for: Shultz Farm, Inc. C/0 Steven L Shultz 21475 WCR 19 Milliken, Colorado 80543 Prepared by: Todd Hodges Design, LLC 24 12 Denby Court Fort Collins, Colorado 80526 Submitted: July 10, 2003 1269 North Cleveland Avenue • Loveland, Colorado 80537 • (970) 613-8556 • fax: (970)613-8775 email: toddhodgesdesign(a?uwest.net Todd Hodges Design, LLC The Estates at Hill Lake PUD Final Plan— Specific Guide Table of Contents 1. Final Plat Application Sheet 2. Authorization Letter 3. Evidence of Corporation Authorization 4. Final Plan Application Requirements and Response to Staff Comments a. OmniTRAX letter to Dennis Messner, dated June 10, 2003 b. Weld County School District RE-5J letter to Weld County Planning, dated March 24, 2003 c. Johnstown Fire Protection District letter to Steve Shut, dated September 23, 2002 d. United States Postal Service letter to Todd Hodges Design, LLC, dated April 16,2003 5. Specific Development Guide 6. Road Access Information Form 7. FEMA Map 8. Soils Map and Corresponding Information 9. Deed 10. Certificate of Title 11. Weld County Treasurer Tax Statement 12. Lithe Thompson Water District Agreement 13. Covenants 14. Improvements Agreement and Construction Schedule 15. Engineering Set,Attached 16. Final Plan,Attached 17. Landscape Plan, Attached 18. Sign Plan,Attached 19. Recorded Change of Zone Plat,Attached 2412 Denby Court • Fort Collins, Colorado 80526 • (970) 207-0272 • fax: (561)828-8059 email: toddhodgesdesign(aearthlink.net Todd Hodges Design, LLC The Estates at Hill Lake PUD Final Plan — Specific Guide Table of Contents 1. Final Plat Application Sheet 2. Authorization Letters 3. Final Plan Application Requirements and Response to Staff Comments 4. Specific Development Guide 5. Road Access Information Form 6. FEMA Map 7. Deed 8. Soils Map and Corresponding Information 9. Final Plan, Attached 10. Landscape Plan, Attached 11. Utility Plan, Attached 2412 Denby Court • Fort Collins, Colorado 80526 • (970) 207-0272 • fax: (561)828-8059 email: toddhodgesdesign(aearthlink.net PLANNED UNIT DEVELL,.MENT FINAL PLAN APPLICATION FOR PLANNING DEPARTMENT USE ONLY: Case Number Application Fee: Zoning District Receipt Number. Date Application Checked By: Planner Assigned to Case: BE COMPLETED BY APPLICANT: (Print or type only except for required signatures). I (we),the undersigned, hereby requests the Department of Planning Services to administratively review this application or request a hearing before the Board of County Commissioners, if applicable, concerning the Final Plan of this proposed subdivision of the following described unincorporated area of Weld County. LEGAL DESCRIPTION: Lot B of RE-2838, located in the NW4 31-04-67 west of the 6th P.M.,Weld County. Colorado. (If additional space is required, attach an additional sheet of this same size.) PARCEL NUMBER: 1059 31 000038(12 digit number found on Tax I.D. or obtained in Assessor's Office.) NAME OF PROPOSED PUD SUBDIVISION The Estates at Hill Lake EXISTING ZONING PUD CHANGE OF ZONE CASE NUMBER_CZ622 TOTAL AREA(ACRES)20 TOTAL AREA OF COMMON OPEN SPACE 9.4 ACRES NO. OF PROPOSED LOTS 9 LOT SIZE: AVERAGE 1 acre MINIMUM 1 acre UTILITIES: WATER: NAME Little Thompson Water District SEWER: NAME Individual Sewage Disposal Systems GAS: NAME LP PHONE: NAME Qwest ELECTRIC: NAME Xcel Enemy/Public Service Company DISTRICTS: SCHOOL: NAME RE-5J. Thompson School District FIRE: NAME Johnstown Fire Protection District ENGINEERS NAME Dennis Messner PHONE 663-2221 ADDRESS 150 East 29"'Street. Suite 270 Loveland 80538 SURFACE FEE PROPERTY OWNERS OF AREA PROPOSED FOR PUD FINAL PLAN: NAME:NAME Shut Farm. Inc. c/o Steven Shut PHONE(970)679-8841 ADDRESS 21475 WCR 19 Milliken, CO 80543 BUS. PHONE N/A APPLICANT: NAME:NAME Shultz Farm. Inc. c/o Steven Shultz PHONE(970) 679-8841 ADDRESS 21475 WCR 19 Milliken. CO 80543 BUS. PHONE N/A AUTHORIZED AGENT(if different than above): NAME: Todd Hodges Desian. LLC PHONE: (970)613-8556 ADDRESS: 1269 N. Cleveland Ave.. Loveland. CO 80537 FAX: (970) 613-8775 OWNER(S)AND LESSEES OF MINERAL RIGHTS ON OR UNDER THE SUBJECT PROPERTIES: Please refer to Change of Zone Application C.> dCr rtheitA 4,-)C. Le- dtkell Signature: Owner or Authorized Ad-a Shultz Farm, Inc. C/O Steve Shultz 21475 WCR 19 Milliken, Colorado 80543 To Whom It May Concern: Please be advised that I, Steven Shultz, hereby authorize Todd Hodges Design, LLC, to represent me in my endeavor to subdivide my land, located in the NW4 31-04-67 west of the isui P.M., Weld County, Colorado. teven Shultz date E11en 970-587-2749 p. 1 15/18/2088 11:52 9785874333 l .1D1 PACE 81 }MTh Irr _J_aasrr/a.wY.w..rrya_neatItauc.__.�___..,_..__ fCowa'.•a*a•dle ay aaawew alp IS lima r rain.. 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Tbwawpaa SKOSI SINS SPIES CialeatdrYdembe w.aM*wpal.Oled Sent nrdMMtwrw Yaw M Swap ads Ca v aq Imraawa MMe•a.rwP iwolel�Yagwed shwa wIlea W amiwalw NAME iiTIE a ettpl +SNdLT .. .._.fill _ � ye+geEISd€ .Stttt72. _.PAS SCIIMES. . erOari.la.4osireir �� sew d imaisoppansatt•aa essewyappwe Yr Pia y eenpapr w Meba Ow Caws ew•bd IRwa wlaM d y woaad,nabs.wawa a.Aw•aer w saw.. Daa-..Gy it-naa ?tmnait -- t �2 el._.. Pal yi++aae,•� �..' aiaarp AW.w�.mwp naena radaao,na..r Ma"aw made The Estates at Hill Lake PUD Final Plan — Application Requirements 1. The Final Plan application form is included in the submitted application materials. 2. The PUD Change of Zone Plat is included in submitted application materials. 3. A copy of the Certificate of Tide is included in submitted application materials. 4. A tax statement from the Weld County Treasurer's office in included in submitted application materials. 5. The engineered drawing and report form the project engineer are stamped and certified. 6. An On-Site Improvements Agreement is included in submitted application materials. 7. Review of this proposal by Weld County Public Works has insured the street system serving this PUD is adequate. 8. A PUD Construction Schedule is included as Exhibit B of the submitted On-Site Improvements Agreements and included in submitted application materials. 9. The applicant will be presenting a Letter of Credit in the amount of the improvements to the Board for acceptance. 10. This proposal has been granted staff-review through the PUD Final Plan,therefore a certified list of surrounding property owners is not applicable to this submittal. Such list was provided with the Change of Zone application materials. 11. A record of ownership was included as part of the PUD Change of Zone application materials. 12. The Estates at Hill Lake PUD is in compliance and meets all criteria as set forth in the Change of Zone. This proposal has been reviewed under the specific guide. Submitted materials have nine-zoned lots and one open space lot al lot. The Estates at Hill Lake meets all criteria of the Estate Zone with the exception of the lot size. 13. A Final Plan plat is included in submitted application materials. 14. A Landscape Plan is included in submitted application materials. 15. An Engineering Set is included in the submitted application materials. 1 OmniTRAX, INC. 252 Clayton Street, 4th Floor Denver, Colorado 80206 Telephone 303-393-0033 Fax 303-393-0041 'A Omni www.omnitrax.com June 10, 2003 Mr. Dennis R. Messner President Messner Engineering, Inc 150 E. 29th Street Suite 270 Loveland, CO 80538 Dear Mr. Messner, Regarding the revised plans for"The Estates at Hill Lake" being developed in the Northwest Quarter of Section 31, Township 4 North, Range 67 West of the 6`h P.M. in Weld County along County Road 13 as reviewed from your transmittal letter of June 4, 2003. In reviewing the revised plans for the 24" outfall pipe from the retention pond on the southwest corner of the development, I noted the changes incorporating the Weld County drainage revisions in conjunction with County Road 13. The combination of the proposed changes and the revisions by the County will address the concerns regarding your discharge from the retention pond. If the County Road 13 changes are not done, it will be necessary for you to adjust the drainage channel along the Great Western Railway's track further north away from the existing channel. If the outflow riprap area is inadequate to prevent erosion of the track structure, it will be necessary for you to adjust the riprap area to protect the track. In addition, the Great Western Railway has an eighty foot (80') right of way along the boundary of the Estates at Hill Lake. Please contact me with any questions regarding this matter. Sincerely, Chris Dodge, P.E. Cc: Gary Earnshaw— Great Western Railway Colorado, Loveland, CO Weld Carty School Dist Real March 24,2003 Weld County Planning Department 1555 N.17th Avenue Greeley, CO 80631 Dear Sir or Madam: I have met with the representative of Shultz Farm Inc. in reference to their proposed development known as The Estates at Hill Lake, being described as Lot B RE-2839, being part of the NW4 of Section 31, T4N, R67W of the 6"'P.M.,Weld County, Colorado. We have discussed the pick-up and drop-off points that we need for this development. We would like that point to be located in the cul-de- sac, at the open—space, common area, in-between Lot 4 and Lot 5. Shut Farm Inc. has agreed to this location. Ajts Si alud1/4_:4O,..._ Judy Sobeski t\ Johnstown Fire Protection District /1\N P.O. Box 979 • 100 Telep Street • Johnstown, Colorado 80534 Telephone: (970) 587-4477 • Emergency 911 May 1,2003 Shultz Farm,Inc. The Estates at Hill Lake To Whom It May Concern: This letter is to inform that the 50' radius for the emergency entrance on the North side of the Hill Lake subdivision is approved by the Johnstown Fire Protection District. The rezoning plat was reviewed and approved on April 29,2003. If you have any questions, please feel free to call. 711 r7/11"LH->s- Jesse T Molnar Jr. Fire Prevention 970-587-0339 The Estates at Hill Lake Planned Unit Development Specific Development Guide Introduction The Estates at Hill Lake Planned Unit Development (PUD) Change of Zone application proposes a non-urban residential subdivision,as defined by Section 27-2-140 of the Weld County Code. The site is located east of and adjacent to Weld County Road 13 and approximately one half mile south of Weld County Road 42. This area is experiencing rapid population growth. The subject site is just outside the Town of Johnstown's urban growth boundary area as delineated in the Johnstown Comprehensive Land Use Plan. The general concept of the development is to create a non-urban scale subdivision,provide for single- family residential uses that enhance the site and maintains consistency with the growth patterns in the area. The Estates at Hill Lake PUD consists of nine single-family residential lots and approximately 9.9 acres of common open space. The common open space consists of 49% of the total site. The layout and design of the PUD is consistent with development activities occurring in the surrounding area as well as the neighboring community of Johnstown. The proposed cluster configuration serves to buffer the residential lots from the adjacent properties and allows for pasture use by the residents of the PUD. Proposed land uses within the subdivision include single-family residential and open space uses. The specific architectural styles of the principal and accessory residential structures will be selected by the individual lot owners. Design limitations will be established and outlined in the covenants. The design standards to be established through the covenants will ensure compatibility between new construction on site,the architectural style of surrounding land-uses,and with the overall character of the greater non-urban area. Agricultural activities have been occurring on the site. The Right to Farm statement, as it appears in Chapter 22 of the Weld County Code will be placed on all recorded plats. By doing so, future residents of the subdivision will be aware of long-standing agricultural practices in the area. Section 27-4-20.E.14. Initial impact plan addressing all impacts this use will have on the proposed site and surrounding land uses. A listing of potential impacts is cited in Section 27-6- 30 of this Chapter. (SPECIFIC DEVELOPMENT GUIDE) Section 27 6 10. Component One—environmental impacts 1. Noise and vibration 2. Smoke,dust and odors 3. Heat,light and glare 4. Visual/aesthetic impacts 5. Electrical interference 6. Water pollution Development of this proposal should not result in any negative environmental impacts, including the above listed environmental concerns. As the use of the site will remain residential and open space, adverse impacts from noise and vibration, smoke, odors, heat, glare, visual impacts, electrical interference and water pollution will not occur on the site. Visual and aesthetic impacts will be enhanced by entrance landscape treatments and landscaping within the subdivision. 2 ens 7. Wastewater disposal Individual septic systems will serve each residential lot. The lots are designed to meet the density requirements of Section 27-2-140 of the Weld County Code and the Weld County Department of Public Health and Environment. Septic permits will be applied for with each building permit on the site. The individual lot owners will be responsible for obtaining septic permits and for the construction of the individual septic system. 8. Wetland removal This proposal does not remove wetlands. 9. Erosion and sedimentation 10. Excavating,filling and grading 11. Drilling,ditching and dredging Any on-site grading,drilling, ditching or dredging will be done sympathetically. Erosion will be kept to a minimum. The common open space areas surrounding the residential lots will be planted in drought tolerant grasses and should not be disturbed with construction. An on-site drainage plan has been submitted with this application. 12. Air pollution 13. Solid waste 14. Wildlife removal 15. Natural vegetation removal This proposal will not result in negative impacts to the above listed concerns. The residential uses should not create negative impacts to air pollution or contribute to solid waste concerns. There will also be minimal removal of natural vegetation on the site. 16. Radiation/radioactive material To the applicant's knowledge,there are no radioactive materials located on this site. 17. Drinking water source The Little Thompson Water District will supply the potable water source for this development. A letter from the Little Thompson Water District is included in application materials indicating the ability to serve the proposed development. The applicant has been working closely with the district to design and update the water lines in the area, therefore enhancing service to other properties in the area. The water line has been installed for this project. 18. Traffic impacts Due to the low-density, non-urban nature of this proposal(nine residential lots with open space)there should be minimal impact to traffic in the area. All residential lots will be served by an internal roadway further limiting the number of access points onto WCR 13. The internal roadway allows a continuous flow of traffic onto WCR 13. 3 Section 27-6-50 Component Two—service provision impacts 1. Schools 2. Law enforcement 3. Fire protection 4. Ambulance Service providers for this PUD include the Johnstown School District RE-5J, Weld County law enforcement, and the Johnstown Fire Protection District. This proposal should have a minimal impact to these service providers. Any impacts identified through the review of this proposal by any applicable service provider will be addressed and mitigated, if necessary, in future application submittals. The Johnstown Fire Protection District raised concerns at the Sketch Plan phase. These concerns have been addressed with remedies incorporated into the attached change of zone plat and are shown on the final plan. 5. Transportation(including circulation and roadways) 6. Traffic impact analysis by registered professional engineer The internal roadway in the PUD is designed to meet the requirements of Chapters 24 and 26 of the Weld County Code. A cross section of the proposed roadway is included with this application. Due to the non-urban nature and minimum impact of this proposal, the traffic impact analysis report requirement was waived at the Sketch Plan phase. 7. Storm drainage Storm drainage will be handled on-site. A grading, drainage and erosion plan is included within the application submittal packet. 8. Utility provisions 9. Water provisions 10. Sewage disposal provisions All utilities are or will be available to serve this proposal. The Little Thompson Water District will supply the potable water source for this development. Septic permits will be applied for with each building permit on the site. The individual lot owners will be responsible for obtaining septic permits and for the construction of the individual septic system. Public Service Company of Colorado will provide gas and electric while U.S. West will supply telephone service. Utility, drainage and irrigation easements have been shown on the final plan. Section 27-6-60 Component Three—landscaping elements 1. Landscape plan 2. Treatment, buffering or screening and perimeter treatment On-site landscaping improvements within the common open space areas will be focused primarily around the entry points to the development, around the existing tanks and along the Railroad ROW. Individual landscaping on each lot will be determined and maintained by the lot owner. Buffering between the proposed lots and the railroad is delineated on the landscape plan. The proposed grass for the open space is a Colorado Native Mix. Seeding rate will be at 201bs. per acre. Seeding will occur when conducive to germination. The species rate of mix is as follows: 20%Western Wheatgrass 15%Thickspike Wheatgrass 20%Slender Wheatgrass 10%Sherman Big Bluegrass 15%Blue Grama 5%Arizona Fescue 15%Buffalograss 4 3. Maintenance schedule for landscaping elements 4. On-site improvements agreement 5. Evidence of adequate water Maintenance for all landscape improvements in the common open space areas will be conducted by the homeowners association. All plant material will be maintained in a healthy state and any dead or dying plant material will be replaced at the earliest planting time possible. All plant species selected will be drought tolerant and should require minimal water usage. If needed, plant materials in common open space will be irrigated by truck. Landscape species have been selected to adapt to the soil conditions of the site. An on-site improvements agreement with proposed landscaping elements is included with this submittal. Section 27-6-70 Component Four—site design 1. Unique features As previously stated,the site contains two unique features that have been incorporated into the overall design of the PUD: an irrigation ditch borders the site on the north and the Great Western Railroad forms the southeast property boundary. The cluster design of the development utilizes the open space within the PUD as a buffer between the residential lots and these features. There are no other unique natural features existing within the proposed PUD. 2. PUD rezoning consistent with Chapter 22 of Weld County Code This proposal identifies a low-density, non-urban scale subdivision that has minimal impact to the service providers of the area and is consistent with the existing surrounding land uses and development trends in the area. The design of the PUD indicates 9 estate lots with associated open space areas. This PUD proposal attempts to preserve a large portion of the site (nearly 50%) in open space. PUD.Goal 3 states, "Ensure that adequate public services and facilities are available to serve the PUD or district." In addition, PUD Goal 4 states, "Promote efficient and cost-effective delivery of public facilities and services to residential development or districts." The applicant has been working closely with the Little Thompson Water District to design and update the water lines in the area. This relationship will benefit the applicant, the Little Thompson Water District, and property owners in the area. A Goal 3 states, "Discourage urban-scale residential, commercial and industrial development which is not located adjacent to existing incorporated municipalities." This proposal identifies non-urban scale development, as defined in Section 27-2-140 of the Weld County Code. It is the intent of this application to comply with all applicable sections of Weld County Code. 3. Compatibility within PUD zone district 4. Compatibility with surrounding land uses The proposed design of the subdivision takes into consideration the existing uses of the surrounding properties and proposes similar uses. The site is located in an area experiencing rapid growth and is just outside the Town of Johnstown's urban growth boundary area as delineated in the Johnstown Comprehensive Land Use Plan. The proposed PUD is consistent with the growth trends occurring in the area. The site is designed to provide for a non-urban scale residential development with an open space buffer surrounding the residential lots. 5. Overlay districts This proposal is not affected by any overlay districts. 5 27-6-80 Component Five—common open space usage The common open space areas within this subdivision are designed and proposed to be consistent with the requirements of Section 27-6-80 of the Weld County Code. 1. Permanent common open space restrictions 2. Establishment of homeowners organization 3. Mandatory membership in homeowners organization 4. Homeowners organization responsibilities 5. Homeowners organization powers 6. Ownership and maintenance of common open space 7. 15%common open space allocation In accordance with Section 27-6-80.B.7, 15%of the site is required to be devoted to common open space. This development proposal exceeds this requirement as it proposes to dedicate approximately 9.9 acres or 49%of the total site to common open space. The common open space will be owned and maintained by the homeowner's association. The construction of the open space amenities is minimal and is mainly vegetation. A more detailed plan and on-site improvements agreement has been submitted with this application. Section 27-6-90 Component Six—signage Proposed signage details have been included with the final plan submittal for review and approval. Section 27-6-100 Component Seven—MUD impact Not-applicable: This proposal is not located within the Mixed Use Development Boundary as delineated by Weld County. Section 27-6-110 Component Eight—intergovernmental agreement impacts The site is located in an area experiencing rapid growth and is just outside the Town of Johnstown's urban growth boundary area as delineated in the Johnstown Comprehensive Land Use Plan. While not inside an actual IGA boundary,the proposal is consistent with the philosophies and development activities occurring within the town's urban growth area. This application reflects the applicant's attempt to develop their property in a manner consistent with the Weld County Comprehensive Plan, current development patterns in the area,and the Land Use Plan of Johnstown. 6 ifiaUNITED STATES POSTAL SERVICE April 16, 2003 Todd Hodges Design, LLC 2412 Denby Court Fort Collins CO 80526 RE: Schultz Farm The design presented to the Post Office on the monument style boxes meets with the approval of the Postal Service. The only things that has to be taken into consideration is the height and the distance from the lane of travel. The boxes must meet requirements that the carrier can reach the box safely without having to dismount from the vehicle and without hindering traffic. Sincerely, Connie W. Hatton Postmaster Johnstown Co 80534 Report Date: 06/18/2003 01:42PM WELD COUNTY TREASURER Page: 1 STATEMENT OF TAXES DUE SCHEDULE NO: R1027002 ASSESSED TO: SHULTZ FARM INC 21475 WELD CO RD 19 MILLIKEN, CO 80543 LEGAL DESCRIPTION: PT NW4 31-4-67 LOT B CORR REC EXEMPT RE-2838(.85R) PARCEL: 105931000041 SITUS ADD: TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE 2002 TAX 36.08 0.00 0.00 36.08 0.00 TOTAL TAXES 0.00 GRAND TOTAL DUE GOOD THROUGH 06/18/2003 0.00 ORIGINAL TAX BILLING FOR 2002 TAX DISTRICT 2377- Authority Mill Levy Amount Values Actual Assessed WELD COUNTY 20.056 10.22 AGRICULTUR 1,745 510 SCHOOL DIST RE5J 29.764 15.19 ---------- NCW WATER 1.000 0.51 TOTAL 1,745 510 SVW WATER 0.245 0.13 LTW WATER 0.000 0.00 JOHNSTOWN FIRE 6.480 3.31 AIMS JUNIOR COL 6.316 3.22 THOMPSON RIVER REC 3.601 1.84 WELD LIBRARY 3.249 1.66 TAXES FOR 2002 70.711 36.08 ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES-AUGUST 1, REAL PROPERTY-AUGUST 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK. P.O. Box 458 Greeley, CO 80632 (970)353-3845 ext. 3290 WELD COUNTY TREASURER Pursuant to the Weld County Subdivision Ordinance, the attached Statement(s) of Taxes Due, issued by the Weld County Treasurer, are evidence that, as of this date, all property taxes, special assessments and prior taxes liens currently due and payable connected with the parcel(s) identified therein have been paid in full. Signed 11 Q Date U1 ,tsId3 ) 1S-4"± , 7-S" F- 2'-5a 2-5" S-5" - , 21/2" —1,_g"-- 2'/" i 6" r-o" i 4-2" 6'-61/21.±. AT HILL LAKE :IR , .. . . . ..Il 1,-2W 3,_g"± I U S,-0, 6144 6-D'± I 2 [ I W...,..,,,,,,,, ? h4'PIPE - 4'PIPE /H 24• H 2'-0 ��I-�JJ CROSS SECTION VIEW 1 555 usuaIL`JG/eIilrii'iI]1IJdddait7611AAA SCALE: 1/2"=11-0" Gamma sloes,for:we indwww fe awy match cacr.,InoludNrp PUS,whore.p.ea.d We Canna°Want.matches a.to wyfng compmbgfy of surto"mebrfa rrd pane o..d. ALL ILLUMINATED DISPLAYS BUILT 120 VOLT UNLESS OTHERWISE SPECIFIED. Gardner Signs,Inc. pare Coigns(070)229.1000 CLIENT.ESTATES AT HILL LAKE SCALE: NOTED REV. DESIGN NO: 6101 Southwest Front. Rd. ( ) F-02-555 9. D.nwrrmetro 309 2924022 LOCATION: WCR13,JOHNSTOWNDESIGNER: TRACIE DETAIL Gaither Fore Collins,co SOUS signs 4215 GIoWvIIN Rood Longmont(303)7799174 DATE: 4/4/002 CLIENT Derv.,Co 99219 �a°Y( )393 eo39 AUTHORIZATION: Cheyenne WY(307)6344519 SALESPERSON: ALISON DICKSON These pleas are theoalu.Iw property of Gaiter Signs,Intend are the result oft the original work of Gardners employee.. They we submitted to you for the sole purpose of your consideration of whether to purchase these plena to purchase from Gardner Signs,Inc.,asign manufactured.aewmrgto 9u.e pans. Didr@Wonor exhibition of thew pin to anyone otherth.r employees of your eompany,cr use of these plans to construct e,Ion similar to the one embodied,oruee any graphics Is expressly forbidden. In the event that such.adbu gocan.,w erwthouttheprarwrm.ncon..mofGrdnersyns,lnc., Gardner Signs, GSiI nc..xp..ctstohereimbursedupro95,000p.rsheet .•compensation for time and effort entailed In cresting these plan.. © Gardner Signs,inc 2001 1 2'-8" © 2'-6"f 4 6'_tT 2' 8• \ 77 a - • \ / T-0"± 6'-0" " 2-8 I I l r � 6'-0"f /i :L.%a/..LL:1Lf,;1ic�,Il Sul.4.it,/ill .16t�.1.aL.dL Jta(1,�4 1,i�%L a>_nil i ill(t e•-D" FABRICATE AND INSTALL t I."--..,...„.„ (20) REQUIRED a PIPE 0 ALUMINUM FR/,ME BASE,WITH BACKER BOARD AND STONE APPLIED TO ALUMINUM FRAME. - 2,-D. -II 666B STONE FENCE PILLAR I ©e• NATURAL STONE CAP BY OTHERS. SCALE: 1/2"=1'-0" 0 WROUGHT IRON FENCE BY OTHERS. Gat Sign,Ma wM find•""'in rank match mien.Including PMs,wh.n sp.d9.d We canna Suernahomichn due to yeMn9 somp.tb'9y&guffawmistrial.arid Mingo us.d. ALL ILLUMINATED DISPLAYS BUILT 120 VOLT UNLESS OTHERWISE SPECIFIED. / Gardner Sign.,Ina Fort Calling(970)225.1000 CLIENT.ESTATES AT HILL LAKE SCALE: NOTED REV. DESIGN NO: Ci fel 1 19101 Southwe.t F•entage Rd. Denver metro(�)292.9022 LOCATION: WCR 19,JOHNSTOWN DESIGNER: TRACIE F-02-555B Ly 7fii � Fort Collins,CO 5052s SW 1S/� 4215 Olob.vl00 16 Longmont(303)377041743 DATE: 4/2/03 CLIENT JW ■ Denver,Di ke 00210 Greeley(970) AUTHORIZATION: Cheyenne WY(007)5243519 SALESPERSON: ALISON DICKSON These pians ere Me exclusive property of Gardner Sign.,Inc.and are the result of th.original work ofG.rdnem employees. They we submitted to you for the sole purpose of your consideration of whether to purchwthese pons or to rchasefrom Gerdn.r8 thew plans to anyone other than employersof your com n or use Saliba plane sal similar to the one embodied,or usewY r Signs,Inc.,nc, marhGungsaadkglot.tobe reimbursed rsed uptkb per sheet company, W any graphics l.espns.y forbidden. In tM event thalsueh.did,IlNlloningeeeun,without lhs prior written aaueslof Gsrdnor Signs,Inc., Gardner Sgn.,lnc.e>rpsel.bbe ralmtwr.edWte$5,000 per atwet es compensation for umfiand t'ro't entailed In creating thaw plans. © Gardner Signs, Inc 2001 (( "r .„, % 4 ' w 0 6 IS j� w 171 .. { (r © DID ST ILLUMINATED MONUMENT DISPLAY I 4 tr. FABRICATE AND INSTALL .w a j.� (1) REQUIRED iss ` r air X 0 CUSTOM FAB ALUMINUM CABINET PAINTED BEIGE, 7 EXACT COLOR TBD. 1 er.0A Md i • O ©ALUMINUM FRAME BASE,WITH BACKER BOARD — I re ea AND STONEWORK APPLIED TO ALUMINUM FRAME. ________' © NATURAL STONE CAPS BY OTHERS. � 0 ALL COPY TO BE 3/." CLEAR ACRYLIC PUSH THRUS r 1\� OVERLAID WITH WHITE FILM,THEN WITH 1/8" -' ALUMINUM WITH LIQUID METAL COATING. EXACT 4 ' ' HI AT ILL LAKE PATINA TBD. 91 I 0 ROUTED AND BACKED WITH WHITE ACRYLIC OVERLAID WITH FILM,COLOR TBD. AREAS BEHIND i if l--_ - PUSH THRUS TO BE REVERSED OUT. 4 J \ 02 1/T ALUMINUM REVEAL AND ARC WITH LIQUID �._ `� L. - .�..��-.�. �>_ i �il�.r i. .a� r� i. � » s.Yis�.b a.Arise rilc.a-S_ �—)... A.N.—:r:J-a�ii>iia, X ACV METAL PATINA TO MATCH COPY. 0 T12 CW/HO 800MA FLUORESCENT LAMPS. I IIIJ fAMI!I_�i4mIM.1R►L'I4?Ilt1[.9 SET PIPE IN FOOTING CENTER POLE MOUNT 555 U4eV& DISPLAY SCALE: 1/2"=1'-0" OPTION: NATURAL STONE BASE BY OTHERS WITH NATURAL STONE CAPS. D 0 D CABINET TO ANCHOR BOLT TO BASE. AT El U LL L A K E Garth,.'Signs,Inc.will endeavor to closely match colors,Including PMS,where specified. We cannot guarantee matches due to verging compatibility of surf.ce mal.dala and pent.used. ALL ILLUMINATED DISPLAYS BUILT 120 VOLT UNLESS OTHERWISE SPECIFIED. / Gardner Signs,Inc. Fort Collinss(970)225.1000 CLIENT.ESTATES AT HILL LAKE � SCALE: NOTED REV.#1(4/2/03)REDO CONCEPT' DESIGN NO: Gaiener F-02-555R1 I1 C x101 Southwest Frontage Rd. Denver metro(307)2924022 LOCATION: WCR 13,JOHNSTOWN DESIGNER: TRACIE Fort Collins,CO e062S SI$ 4215 Glob.vnl.Row Longmont(303)7764174 Greeley 753•.039 DATE: 4/4/002 CLIENT •VV Denver,CO 60213 AUTHORIZATION: Cheyenne WY(307)6x•7519 SALESPERSON: ALISON DICKSON Thew plena are the exclusive property of Gardner Signs,Inc.and are the result of the original work of Gardners employees. They are submitted to you for the sole purpose ofyour consideration of whether to purchase these plans or to purchase from Osrdn.r Sign,Inc.,a sign manufactured according to these plans. Distribution or exhibition of thew plans to anyone other than employeesof your company,oruse of the..piens to construct•sign similar to the ono embodied,or use sny graphics Is expresslyforbidden. In the eventthat such exhibltloningoccurs,without the prior written consent ofGardner Signs,Inc., Gardner Signs,Inc.expeclsto be reimbursed up to$5,000 per sheet as compensation for time and effort entailed Morseling these plans. © Gardner Signs, Inc 2001 Road Fie*. Date: RE # Ot Weld County Department of Public;Works Other Case#: 111 II Street, P.O. Box 758, Gre®tey, Colorado 80632 Phone: (970)356-4000,Ext.3750 Fax: (970)304-6497 70) 679-6841 9 1 Applicant Name Shultz Farm.Inc.do Steve Shultz Phone � Address 21475 WCR 19 City Milliken State CO Zip 80534 2. Address or Location of Access Section _ 31 _Township 4 Range 67 Subdivision Block - Lot Weld County Road#: 13 Side of Road East Distance from nearest intersection jj2 mile 3. Is there an existing access to the property? Yes X No *of Accesses 2 4 Proposed Use .J Permanent 'J Residential/Agricuthiral U Industrial J Temporary Subdivision J Commercial J Other 5 Site Sketch Legend for Access Description: AG = Agricultural RES = Residenoai NIG - ✓x Gas D.R. = Ditch Road = House = Shed Existing Access Paints Approx Site Location NI R13 For more detailed information,please W see plats included in application materials. OFFICE USE ONLY: Road ADT Data Accidents Cate Road ADT Date Accidents Dale Drainage Requirement Culvert Size Length Special Conditions J Installation Authonzed J Information Insufficient Reviewed By. Title: CERTIFICATE OF CONVEYANCES WELD COUNTY -7- T** Todd Hodges Design, LLC Resoruu , II * BUNYAN 11/4. r' p J iel -4!\0I YrFi i / l/rllil.rep te • h WALN`.C L{ _-_ - !- lY 1 I" J i / F.E.M.A. Community—Panel #080266 0750C The Estates at Hill Lake— Shultz Farm, Inc. PUD Final Plan Lot B, RE-2838; pt. NW4 31-04-67 1269 North Cleveland Avenue • Loveland, Colorado 80537 • (970) 613-8556 • fru: (970)613-8557 email: toddhodgesdesign(ruywestnet Dec 17 01 11:22a STEVE SHULTZ 870 587 2708 p.2 I 1111110111 Huh MlIIIIIMMIIIIIIIInm1IIIIII 2103822 11/2712001 04:01P JA Maki Tsulmmole 1 of 2 R 10.00 0 0.00 Wall Conti CO __ - " QUIT CLAIM DEED THIS DEED, Made this 20th day of November, 2001 between Shultz Perm, Inc.. a Colorado corporation of the County of Weld and State of Colorado, grantor,and Shultz Part, Inc., a Colorado corporation whose legal address Ls 21475 NCR 19, Milliken, Colorado 80543 of the County of meld and State of Colorado, grantees: ' WITMSSETR. That the grantor(s) for and in consideration of the sum of TEN AND 00/100, (110.00) Dollars, the receipt and sufficiency of which is hereby acknowledged, has remised, released, sold and VDTs Can®, and by these presents does remise. release, sell and OBIT CLAII( unto the grantee(s), its heirs, successors and assigns forever, all right, title, interest, claim and demand which the grantor(0) has in and to the real property, together with improvements, if any, situate, lying and being in the County of Weld and State of Colorado, described as follows, Lot B of Recorded Exemption No. 1059-30-3-RE-2838. recorded August 14, 2001 as Reception No. 2874411, being-a part of NW1/4 of Section 31, Township 4 North, Range 67 West of the 6th P.N., County of Weld, State of Colorado also known by street and number en , , Colorado TO HAVE Alm TO BOLD the 9gsame, together with all and thereunto singularappurtenances and all the eesstvileges tate right, tititlee,DinGnst sand i n watsoever, of the gran�Wr(s)•either in law or equity, to the only proper use, benefit and behoof of the grantee(s), its heirs and assigns forever. II WITNESS IRNANOI, The grantor(s) has executed this deed on the date set forth above. Shulta Farm, Inc., a Colorado corpo tion B�,D1u t M I)B. Shultz. Pres ent STATE OF epdp(itdti ) as. The foregoing instrument was acknowledged before County of Weld ) me this 20th day of November, 2001, by Shultz Pern, Inc., a Colorado corporation Witness hand and official eel. BY aion expires o2005 NOTARY PUBLIC 1295 Main St. No.933. Bev. 3-IS Windsor, COLORADO 90550 iDARELLA ,ii i %�!: OIOCH , 'c,‘ 0F COI" 07/03/2003 14:05 FAX 970 348 8528 TRANSNATION TITLE ®002/009 � n TRANSNATION TITLE INSURANCE COMPANY COMMITMENT FOR TITLE INSURANCE SCHEDULE A Commitment No. : 8071241 1. Effective Date: June 25, 2003 at 7:00 A.M. 2 . Policy or policies to be issued: Amount Premium A. ALTA Owner's Policy S $ Proposed Insured: B. ALTA Loan Policy $ $ Proposed Insured: Exam Fee $750. 00 3 . The estate or interest in the land described or referred to in this commitment and covered herein is fee simple and title thereto at the effective date hereof vested in: Shultz Farm, Inc. , a Colorado corporation 4 . The land referred to in this commitment is described as follows: Lot B of Corrected Recorded Exemption No. 1059-30-3-RE2838, recorded January 29, 2002 as Reception No. 2920487, being a part of the SW1/4 of Section 30 and part of the NW1/4 of Section 31, Township 4 North, Range 67 West of the 6th P.M. , County of Weld, State of Colorado TRANSNATION TITLE INSURANCE COMPANY By Wanda L. Calboon Authorized Signature Issued: July 03, 2003 WLC/SLS/jd 07/03/2003 14:05 FAX 970 346 8528 TRANSNATION TITLE ®003/009 TRANSAATION TITLE INSURANCE COMPANY Commitment No. : 8071241 SCHEDULE A - Continued REQUIREMENTS The following are the requirements to be complied with prior to the issuance of said policy or policies. Any other instrument recorded subsequent to the date hereof may appear as an exception under Schedule B of the policy to be issued. Unless otherwise noted, all documents must be recorded in the office of the clerk and recorder of the county in which said property is located. NOTE: PURSUANT TO SENATE BILL 91-14 (CRS 10-11-122) THE COMPANY WILL NOT ISSUE ITS POLICY OR POLICIES OF TITLE INSURANCE CONTEMPLATED BY THIS COMMITMENT UNTIL IT HAS BEEN PROVIDED A CERTIFICATE OF TAXES DUE OR OTHER EQUIVALENT DOCUMENTATION FROM THE COUNTY TREASURER OR THE COUNTY TREASURER'S AUTHORIZED AGENT; OR UNTIL THE PROPOSED INSURED HAS NOTIFIED OR INSTRUCTED THE COMPANY IN WRITING TO THE CONTRARY. NOTE: IF THIS TRANSACTION INCLUDES A SALE OF THE PROPERTY AND THE SALES PRICE EXCEEDS $100, 000.00, THE SELLER MUST COMPLY WITH THE DISCLOSURE/WITHHOLDING PROVISIONS OF C.R.S. 39-22-604.5 (NONRESIDENT WITHHOLDING) . NOTE: EFFECTIVE SEPTEMBER 1, 1997, CRS 30-10-406 REQUIRES THAT ALL DOCUMENTS RECEIVED FOR RECORDING OR FILING IN THE CLERK AND RECORDER'S OFFICE SHALL CONTAIN A TOP MARGIN OF AT LEAST ONE INCH AND A LEFT, RIGHT AND BOTTOM MARGIN OF AT LEAST ONE-HALF INCH. THE CLERK AND RECORDER MAY REFUSE TO RECORD OR FILE ANY DOCUMENT THAT DOES NOT CONFORM. A. Certificate of Incorporation or Certificate of Good Standing of Shultz Farm, Inc. , a Colorado Corporation, issued by the Secretary of State of Colorado, must be delivered to and approved by the Company. NOTE: This requirement is necessary because The Secretary of State shows that Shultz Farm, Inc. , a Colorado corporation is delinquent . Page 2 07/05/2005 14:08 FAX 970 348 8528 TRANSNATION TITLE ®004/009 TRANSNATION TITLE INSURANCE COMPANY Commitment No. : 6071241 SCHEDULES EXCEPTIONS The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records. 2 . Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4 . Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 5 . Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment . Note, The above exception will not appear on policies where closing and settlement has been performed by the company. 6 . a. Taxes due and payable; and any tax, special assessments, charge or lien imposed for water or sewer service, or for any other special taxing district. b. Any and all unredeemed tax sales, if any. Note:Upon receipt of a Certificate of Taxes Due evidencing that there are no existing,open tax sales, the above exception 6b will not appear on the policy to be issued hereunder. Note: PURSUANT TO CRS 10-11-122 NOTICE IS HEREBY GIVEN THAT: (A) THE SUBJECT PROPERTY MAY BE LOCATED IN A SPECIAL TAXING DISTRICT; (B) A CERTIFICATE OF TAXES DUE LISTING EACH TAXING JURISDICTION MAY BE OBTAINED PROM THE COUNTY TREASURER OR THE COUNTY TREASURER'S AUTHORIZED AGENT; (C) INFORMATION REGARDING SPECIAL DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE OBTAINED FROM THE BOARD OF COUNTY COMMISSIONERS, THE COUNTY CLERK AND RECORDER, OR THE COUNTY ASSESSOR. Page 3 07/03/2003 14:08 FAX 970 348 8528 TRANSNATION TITLE ®005/009 TRANSNATION TITLE INSURANCE COMPANY Commitment No. : 8071241 SCHEDULE E - Continued EXCEPTIONS 7 . Rights of way, whether in fee or easement only, for county roads 30 feet wide on each side of section and township lines as established by Order of the Board of County Commissioners for weld County, recorded October 14, 1889 in Book 86 at Page 273 . 8 . Reservation of right of proprietor of any penetrating vein or lode to extract his ore, in U.S. Patent recorded October 20, 1906 in Book 131 at Page 175. (Affects NW1/4 of Section 30) 9. Right of way, whether in fee or easement only, for pole line purposes, granted to American Telephone and Telegraph Company by George A. Hill by instrument recorded December 24, 1927 in Book 833 at Page 431, in which the specific location of the easement is not defined. 10 . Right of way, whether in fee or easement only, for electric power transmission line purposes, granted to Colorado Central Power Company by Horace G. McCarty by instrument recorded August 16, 1938 in Book 1029 at Page 442, in which the specific location of the easement is not defined. 11 . Right of way, whether in fee or easement only, for electric power transmission line purposes, granted to Colorado Central Power Company by H. G. McCarty by instrument recorded August 16, 1938 in Book 1029 at Page 443, in which the specific location of the easement is not defined. 12 . Right of way, whether in fee or easement only, for communication system purposes, granted to American Telephone and Telegraph Company by D. Wilson McCarty, H. G. McCarty and Helen F. McCarty by instrument recorded April 21, 1941 in Book 1077 at Page 516, in which the specific location of the easement is not defined. 13 . An undivided 2/3 grantors interest in all oil, gas and other mineral rights, as reserved by Helen M. Fickel and D. Wilson McCarty in the Deed recorded August 6, 1974 in Book 720 as Reception No. 1641907, and any interests therein or rights thereunder. Page 4 07/03/2003 14:08 FAX 970 348 8528 TRANSNATION TITLE Q008/009 TRANSNATION TITLE INSURANCE COMPANY Commitment No. : 8071241 SCHEDULE B - Continued EXCEPTIONS 14 . Oil and gas lease between H. G. McCarty a/k/a Horace G. McCarty, by Michael H. McCarty and Helen Y. McCarty, Attorneys-in-Fact; Helen Y. McCarty, wife of H. G. McCarty, D. Wilson McCarty and Frances McCarty, and Helen F. Fickel and Robert Bruce Fickel and Coral Gulf Exploration Company dated November 13, 1979, recorded December 3 , 1979 in Book 889 as Reception No. 1810783 and February 4, 1980 in Book 894 as Reception No. 1816043 , and any interests therein or rights thereunder. Note: Extension of the above lease as claimed by Affidavit of Production, pursuant to CRS 38-42-106, by Shepler & Thomas, Inc. , recorded February 24, 1987 in Book 1147 as Reception No. 2089430. 15 . Oil and gas lease between H. G. McCarty, a/k/a Horace G. McCarty, by Michael H. McCarty and Helen Y. McCarty, Attorneys-in-Fact; Helen Y. McCarty, wife of H. G. McCarty, D. Wilson McCarty and Frances McCarty, and Helen F. Fickel and Robert Bruce Fickel and Coral Gulf Exploration Company dated November 13, 1979, recorded December 3 , 1979 in Book 889 as Reception No. 1810785, and any interests therein or rights thereunder. Note: Extension of the above lease as claimed by Affidavit of Production, pursuant to CRS 38-42-106, by Shepler & Thomas, Inc. , recorded February 24, 1987 in Book 1147 as Reception No. 2089431. 16. Oil and gas lease between H. G. McCarty, a/k/a Horace G. McCarty by Michael H. McCarty and Helen Y. McCarty, Attorneys-in-Fact; Helen Y. McCarty, D. Wilson McCarty and Frances McCarty and Helen F. Fickel and Robert Bruce Fickel and Coral Gulf Exploration Company dated November 3, 1979, recorded December 13, 1979 in Book 889 as Reception No. 1810786, and any interests therein or rights thereunder. NOTE: Numerous instruments of record indicate that said Oil and Gas Lease may have been extended beyond its primary term by the discovery and/or production of oil and/or gas upon subject property or upon lands unitized with subject property. 17 . An undivided 1/3 interest in and to the oil, gas and other minerals as conveyed to Helen Y, McCarty, Michael H. McCarty, Patrick W. McCarty and Michael R. Dice, Trustee of the Testamentary Trust of Timothy D. McCarty from Lake Farm, a General Partnership in a Deed recorded April 12, 1985 in Book 1065 as Reception No. 2005573, and any interests therein or rights thereunder. Page 5 07/00/2000 14:07 FAX 970 948 8528 TRANSNATI0N TITLE 21007/009 TRANSNATION TITLE INSURANCE COMPANY Commitment No. : 8071241 SCHEDULE B - Continued EXCEPTIONS 18 . Right of way, whether in fee or easement only, for the purpose from time to time of constructing, operating, inspecting, maintaining, protecting, repairing, replacing, changing the size of, and removing a pipeline or pipelines, or other appurtenances, granted to Associated Natural Gas, Inc. , a Colorado corporation by Lake Farm, a general partnership by instrument recorded July 24, 1989 in Book 1238 as Reception No. 2186144, in which the specific location of the easement is not defined. 19. An undivided 61.632% interest of an undivided 1/3 interest of all minerals, including oil and gas, as conveyed to Helen Y. McCarty Revocable Trust dated December 12, 1994 by deed recorded December 15, 1994 in Book 1471 as Reception No. 2419224, and any interests therein or rights thereunder. 20. Matters of Survey recorded April 19, 2001 as Reception No. 2841983 . 21 . Matters of Map recorded August 14, 2001 as Reception No. 2874408. 22 . Terms, agreements, provisions, conditions, obligations and easements as contained in Corrected Recorded Exemption No. 1059-30-3-RE2838, recorded January 29, 2002 as Reception No. 2920487. 23 . Deed of Trust from Shultz Farm, Inc. to the Public Trustee of the County of Weld for the use of New Frontier Bank to secure $1, 718, 624.07 dated August 15, 2000, recorded August 28, 2000 as Reception No. 2789776. 24 . Security interest under the Uniform Commercial Code affecting the subject property, notice of which is given by Financing Statement from Shultz Farm, Inc. , debtor(a) , to Diversified Financial Services, Inc. , secured party, recorded June 18, 2001 as Reception No. 2858185. 25. Deed of Trust from Shultz Farm, Inc. to the Public Trustee of the County of Weld for the use of New Frontier Bank to secure $300, 000.00 dated August 12 , 2002, recorded August 13, 2002 as Reception No. 2977577. NOTE: Assignment of Leases and Rents recorded August 13, 2002 as Reception No. 2977578, given in connection with the above Deed of Trust. Page 6 07/03/2003 14:07 FAX 970 348 8528 TRANSNATION TITLE 1008/009 TRANSNATION TITLE INSURANCE COMPANY Commitment No. , 8071241 SCHEDULE B - Continued EXCEPTIONS • MOTE: The following notices pursuant to CRS 9-1 .5-103 concerning underground facilities have been filed with the Clerk and Recorder. These statements are general and do not necessarily give notice of underground facilities within the property. (a) Mountain Bell Telephone Company, recorded October 1, 1981 in Book 949 as Reception No. 1870705. (b) Colorado Interstate Gas Company, recorded August 31, 1984 in Book 1041 as Reception No. 1979784. (c) Associated Natural Gas, Inc. , recorded April 10, 1989 in Book 1229 as Reception No. 2175917. (d) United Power, Inc. , formerly Union Rural Electric Association, Inc. , recorded January 24, 1991 in Book 1288 as Reception No. 02239296. (e) Public Service Company of Colorado, recorded November 9, 1981 in Book 952 as Reception No. 1874084. (f) Western Slope Gas Company, recorded March 9, 1983 in Book 990 as Reception No. 1919757. Page 7 07/03/2003 14:07 FAX 970 348 8528 TRANSNATION TITLE ^ 1M009/009 ISSUED BY • TanNSNArioN TITLE INSURANCE COMPANY COMMITMENT FOR TITLE INSURANCE Transnation TRANSNATION TITLE INSURANCE COMPANY, an Arizona corporation, herein called the Company, for a valuable consideration,hereby commits to issue its policy or policies of title insurance,as identified in Schedule A,in favor of the proposed Insured named in Schedule A.as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A,upon payment of the premiums and charges therefor:all subject to the provisions of Schedules'A and B and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company,either at the time of the issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate 120 days after the effective date hereof or when the policy or policies committed for shall be issued,whichever first occurs,provided that the failure to issue such policy or policies is not the fault of the company. IN WITNESS WHEREOF,TRANSNATION TITLE INSURANCE COMPANY has caused its Corporate Name and Seal to be hereunto affixed;this instrument,including Commitment,Conditions and Stipulations attached,to become valid when coun- tersigned by an Authorized Officer or Agent of the Company. TRANSNATION TITLE INSURANCE COMPANY plus, gtortailidirmi n(� a1a Attest Qj By: nn icon cir Scummy ' + President+ o,9w Conditions and Stipulations I. The term mortgage, when used herein, shall include deed of trust,trust deed, or other security instrument. 2. If the proposed Insured has or acquires actual knowledgeof any defect,lien,encumbrance,adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof,and shall fail to disclose such knowledge to the Company in writing,the Company shall be relieved from liability • for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company,or if the Company otherwise acquires actual knowledge of any such defect,lien,encumbrance,adverse claim or other matter,the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included . under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith(a)to comply with the requirements hereof,or(b)to eliminate exceptions shown in Schedule B,or(e)to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions,the Conditions and Stipulations,and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. PAa Antrim rand The Association Canvutmem-1988 Cos Papa Farm 1004-245 ORIGINAL SURROUNDING PROPERTY OWNERS AND/OR SUBSURFACE ESTATES/INTEREST OWNERS PF-622 BRACK 18187 WCR 13 JOHNSTOWN CO 80534 CARLSON 5037 BRITTLEBUSH CT JOHNSTOWN CO 80534 GADDIS FAMILY 2034 FALCON DRIVE LONGMONT CO 80530 MORRIS 18501 WCR 13 JOHNSTOWN CO 80534 SEEWALD 18422 WCR 13 JOHNSTOWN CO 80534 SPAUR 18675 WCR 13 JOHNSTOWN CO 80534 FICKEL PO BOX 436 BERTHOUD CO 80513 MC CARTY 611 PANORAMA CIRCLE LONGMONT CO 80502-0596 MC CARTY PO BOX 1418 CODY WY 82414 CERTIFICATE OF MAILING I hereby certify that I have placed a true and correct copy of the surrounding property owners and owners and lessees of minerals in accordance with the notification requirements of Weld County in Case Number PF-622 in the United States Mail, postage prepaid First Class Mail by letter as addressed on the attached list this 23rd day of July, 2003. y Do to UMay �� O DEPARTMENT OF PLANNING SERVICES PHONE (970)353-6100, EXT.3540 FAX (970)304-6498 17TH A 1555 N. 17TH AVENUE GREELEY, COLORADO 80631 COLORADO July 22, 2003 TO: SURROUNDING PROPERTY/MINERAL OWNERS CASE NUMBER: PF-622 There will be a Public Hearing before the Weld County Utilities Advisory Committee on Thursday, August 14, 2003, at 10:00 a.m., in Room 210, Weld County Planning/Health Building, 1555 N. 17th Avenue, Greeley, Colorado concerning the request of: NAME: Schultz Farm Inc REQUEST: PUD final plan for nine (9) lots with Estate Zone Uses along with 9.4 acres of open space LEGAL DESCRIPTION: Lot B RE-2838; being part NW4 Section 31, T4N, R67W of the 6th P.M., Weld County, Colorado. LOCATION: East of and adjacent to CR 13; 1/2 mile north of CR 38. For a more precise location, see legal. Your property is within five-hundred (500)feet of the property on which this request has been made or you may have an interest in the minerals located under the property under consideration. For additional information write or telephone Sheri Lockman, Planner. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 1555 N. 17th Avenue, Greeley, Colorado 80631, on or before the date of public hearing. For your convenience, the Department of Planning Services has instituted a Planning Commission Agenda phone line. In some circumstances, cases need to be continued to a later hearing date. To ensure that this case is being heard, you may call 970-304-6499, up to the day of the scheduled hearing date for this information. Todd Hodges Design, LL C 33 A lisittAKU it 4 r, 5 30 rr { ... rlAr ��: yt 7 iN si 12 _ USDA Soil Conservation Service Soil Survey of Weld County, Colorado Southern Part— Sheet Number 13 The Estates at Hill Lake - Shultz Farm, Inc. PUD Final Plan Lot B, RE-2838; pt. NW4 31-04-67 1269 NorO7 Cleveland Avenue • Loveland, Colorado 80537 • (970) 613-8556 • far: (970)613-8557 email: toddhodgesdesign(agwest.net :-- Todd Hodges Design, LLC Soil Survey of Weld County, Colorado (Southern Portion) Published by the United States Department of Agriculture Soil Conservation Service In Cooperation with Colorado Agricultural Experiment Station Issued September 1980 Soil Classification #42: Nunn Clay Loam, 1 to 3 percent slopes 42 Nunn clay loam. I to :I pen-rut slopa•e. This I+ n '110 pool nasal untie. ',grlatiou ,o domu,at rd hr. deep, well drained soil on t.erraces and mmem-lh plains :a western why atgr:ms an„ bite grams- Heff:Jok'rr... ,: ulae, elewtna,a of 4;,iii to i,Jdl fret It formica m ,maw1 :kilo present. I'ct angina pas tali epee. range:. Ina-. Haw, pi and:. cium mod colian aepwlt' lurlmh•d In mappng smrdl. Ire, ace:. io r,aor•,hle years to tall' pounds in :.ufi:,'rail, lea,g and " amov nre.m of "'Hi and gravel th'ivi-itt aril ✓rats At, rangt vnndltNn .leleru,ra,e., a blue grmna-but ;male ;.r, of•oil- that ar ?ubjert te. ,m rasinnal tab ,, falograss a.a l forma. 1'ndoi,lral,ly. wee,.'. and annuals ,n nine h•v,led arras are also Indud..d ale the site as range :ondit:on becomes pmrrr Typically the amrl'acr i.,y rr ,if lhu Nunn curl is gr,ty,nl, tilanagern,.nl of aegetation tat t his soil should la, ',ward !•rvwr. Hay loam a“1.--it 4 nm!n" thick The subsoil :s Tight nn taking half and leaving ludo of the total annum! produr bmwnr.t gray 'sac mnn' :Jowl I4 Inches thick The splice Iion. Range. Inning can help in redwang runoff, Svedmg I: part of On. subeir:•ulm it hghl brow task gray clay loam. ,le si rthl. If the rang. it, poor condition. Western The 'mart part to a depth of has inrh,a is brown sandy wb.•atgn.., bit, gnma, sidetcns kmuwa,hnfGdogne . pu .� hence nl whoa togas.=, and en•wtrd w 'iii I grass an, aarta hlr 1'arnmrhJit is rnodcrateiy slow. Av:uiabb' water fir . .ding. The gases aoleatin! sholdd meta the :vanon:d ::y;:..ily is high. Du. efl.rtne root Mg depth is ilia inches ,•dluimm,•nls ,,f li e...te.k L' caul .. eodtd into a riean, tar metre Surface runoff is medium. and the tr taiga firm sorghum etuhbie. or v car, be drilini into a firm 1.a4:t"1 n Inv prepared . robed. Sim tiny I arty in spring has proven In irrigated :, d as 'Yes omit is suited to all crop,: rvam moat sucm,.rfu1. nonlc grown Ili ale arra. 'eluding corer, sugar twets, Windbreaks and •naironrnental planting• are generally x. :511,115 snc.Il grain. fw,tat.w•.s,.vld ,Nuns An ratio w..11 suitwl Im tins sod Cull iaat.on tin control Competing par o. ., suirai,le mopping saetem i- s to 4 years of alLtint v,.grration shown bo ,d nUnu.d for as many ycun w. toll:�w,d ley eons.corn for silage, sugar beets, small gran. p„ .tile Gdlowi,.g planking.Trees that are heal suited and of bola,,, r;invrally such rlmruclrrisUre as I.hi- high clay y,ne gored su rv;i ai re R,.rky Vnwaun nnipee. .aster,' r..-n' or the ny,i,liy permeahlr substr:nwlt 'Leh' coley 1,.,, ponoen.ml pi,;r. �iben:m rim. Russian move, anti rV.trn 'o're aarpc itoekbvrrs- The shrubs best soiled are skunk hre.ht s•amae•. All methods of irrigation are sullab,e, ten furrow m I I,,' Si!a-clan peashnd,.and Ano-rican ph,rn riga'Ion m the nmst common. Pieper Irrigation water %'bddlife n an important a. -onday use of this sod Tt I, rn:clagi'nu'nt is , t;,eylh a!, It.,rnvard manure and rummer- cropland areas provide favurdile habit:0 for ring necked t "art'Ire"ear• needed for top yield,. phe,ra:'t .uul mourning iiate. Many n,ngame storms ..ul b'. meurrigaled arras most of I.' acreage is in ants!' he attracted by erl:ddlshing areas fur uesring and escape pr.m and ,t Is aonmerr fallowad m altermite yeah_ ccrr. For pheasants, undisturbed nesting corer is essen N'in•,•r wheat I5 the prim'ipai crop. The pred,cle'l scarab'' ,Ial and Await! be included in plans for hainad deawinp- vrrid e 'i.1 h:ab,Is iwr a<re :1 tar .nqr a a,Inrerkille`t' rnent. espc•imlly it, ,voas of intenaive agniulture. Rang,' spring wkw.d ran he s riled. I:rner:illy prvc,pil:,tur, is too land wildlife, for eaanlpL•, the pronghorn antelope can tin loos for lent-frhd no, of frrldizu'r racial be developing livestock :eter.ng metallic= . ;uh1Je nI•uloh f:ocming, -_golfer..:plung, and 'ininruol tit managing livestock grazing,,tad rrxt•edwg when ',react! .agt are r;erdi'J to eor.Vnl.owl blow'dig and sat,-r rnosio•I This soli has fair to poor potential Ilir urban develop meat. It bar, nitwionte to high shrink swirl;. low ,.rengtl. and moderately slow Iw'r coca L,bty-'rhes. features cnaab• problems in dwelling and road conatnirlion 'I'huer areas that hat,, loam or -,and_: man, in, I hi, low rr part of the .substratum arc minable fur septic Tank absorption fiat& and foundations. Fora.• areas of this :All are od'urrni to st.roan'a and are subject to occasional II'K icing The poten- tial is fair for aurh roc,'anon:d draelnpment AS ramp and picnic an:,z and playtmaind. Capability suhelas- Ile it rigated, Il to mroirrig,neel. Cl:,>t Flains rang-.a,p 1269 North Cleveland Avenue • Loveland, Colorado 80537 • (970) 613-8556 • fax: (970)613-8557 email: toddhodgesdesign(apwestnet N' 7/1Tn A` 14991 Agreement for Water Main Extensions z This agreement,made and entered into this Z day of JUNE ,}9'z� by and between LITTLE THOMPSON WATER DISTRICT,hereinafter called the"District"and Si4ocrrz �A.cc infC hereinafter called "Customer", is upon the following terms and conditions, to-wit: 1. The District is organized as a special district under laws of the State of Colorado serving treated water within the District as may now be established,or as hereinafter established.The Customer is either a taxpaying elector within the District,or desires to receive water service and to join the District. 2. The Customer desires to obtain water service for the "property" described in this Agreement. 3. The Customer shall pay for and provide all water mains either within or without the boundaries of the District in order to provide water service to the property: but the District may construct said mains.or the District may approve construction by the Customer,or the Customer's contractor upon terms approved by the District. A. The District must approve such construction by the Customer,or the Customer's contractor by a written agreement providing for the terms of such installation, including requirements that the materials used shall meet all standards of the District and that provides for inspection by the District of the construction of such water mains.The cost of all construction shall be paid by the Customer to the District. B. A deposit in the amount hereinafter provided shall be paid by the Customer to the District as an advance towards the construction cost of the District for such installation.After completion of all construction and acceptance by the District,a final adjustment of costs will be made. if necessary. In the event that it is determined that the deposit is insufficient to cover the estimated cost of construction, then the Customer shall pay to the District, on demand, additional advances towards the cost of construction. C. If the installation is constructed by the Customer, or the Customer's contractor, the Customer shall transfer all right, title and interest in and to the facilities installed as well as all easements and appurtenances and other necessary property rights to the District by good and sufficient assignment or bill of sale or general warranty deed.Such transfer shall be made free and clear of all liens and encumbrances. and the Customer shall furnish sufficient evidence of title or a"form 100"title policy if required by the District.The Customer sha II furnish mechanic's lien releases or a good and sufficient performance and payment bond pursuant to the Colorado Mechanic's Lien Law in order to insure that all construction costs have been paid in full. All labor and materials shall be warranted for defects of any kind by Customer and Customer's contractor for one year from the date of acceptance of such facilities by the written acceptance of such facilities.The District,upon receipt of the documents of transfer and evidence of title, shall consider whether to accept or reject the installation- If the Customer has complied with this Agreement and all other conditions precedent to the acceptance of the facilities, the District shall approve and accept the transfer and shall thereafter assume operation and maintenance of the lines.In no event shall the District assume ownership,operation or maintenance of any installation on the service side of the metering installation for the property. 4. The District will provide service in accordance with its rules and regulations and line extension policies as now adopted or as may be .ereafter adopted by the District.The Customer shall commence payment of established rates of the District,including minimum fees,on he date of installation of a tap and water is available for use at the tap. 5. The District, pursuant to the terms of this Agreement, will only be obligated to serve the tap size shown on this Agreement. 6. The terms of this Agreement shall apply to the property described herein,and the taps hereinafter provided may be used only upon said roperty. The parties hereto agree that this Agreement shall be treated as personal property and not real property. 7. The Customer shall provide the District with an accurate copy of the final plat of the property to be served by the District.If the plat lust be approved by the County Commissioners,then a recorded copy of the plat with the Clerk and Recorder of the Colorado County in -filch the development is situated must be provided to the District. 8. Customer hereby grants to the District the right to enter upon the land of the Customer and on the property as herein described to >nstruct, operate and maintain the facilities herein described, together with the full right of ingress and egress,and to cut and trim trees 'td shrubbery to the extent necessary.The Customer shall obtain and convey to the District all easements required by the District,and the istrict shall not be responsible for any delay in providing service in the event of failure to provide such easements.Furthermore,failure to rovide easements required by the District will cause this Agreement to become null and void and of no further force anti effect,and the ustomer shall forfeit all money or rights theretofore transferred to the District. 9. The facilities herein described are required by the Customer by date hereinafter stated.In the event the District installs the facility,the istrict shall use reasonable diligence in providing said facilities by that date. If said facilities cannot be installed because of act of God, wernmental authority, action of the elements, accident,strikes, labor trouble, inability to secure materials or equipment,or any cause !yond the reasonable control of the District, the District shall not be liable therefore or for damages caused thereby. 10. In the event the District installs the facilities, the District shall install the facilities described herein in accordance with good igineering practice after the Customer has established property lines, cut streets, alleys and easements to final grade and prior to the wing of streets, and the construction of curbs and gutters.The Customer shall reimburse the District for any expense due to subsequent ranges by the Customer. 11. Water service shall be provided to Customers located within the property at the District's applicable rates, and upon terms and nditions now in effect or at the rates and under the terms and conditions as may be hereafter be adopted by the District and upon the rules id regulations as now established or as may hereafter be established by the District.No water service may be obtained except upon property cluded within the boundaries of the District.Customer agrees that no other person shall be permitted to use water provided by the taps rein described. 12. In the event that construction of the water mains is not completed by the Customer or the Customer's contractor on or before 2 years rm the date of this Agreement,then this Agreement shall become null and void.In such event,the District may set off against thedeposit rein provided for the amount of its expense and return the balance of such deposit, if any,to the Customer.Customer agrees to pay all pense incurred by the District in excess of such deposit. Agreement for Water Main Extensions 13. (Delete if inapplicable.)In order to off set the cost of water to supply the property herein described,the Customer agrees to sell to the District the number of acre-foot-units of the Northern Colorado Water Conservancy District, Loveland, Colorado. water rights at the amount for each unit,hereinafter described.Customer shall not receive cash for such units transferred to the District,but the total value of such units as herein stated shall be applied to the tap price established by the District upon the date of installation of each such tap. 14. The District agrees to allow installation of the number of taps hereinafter provided within the above-described property,and each tap shall not exceed 3/4 inches.No taps will be served by the District until all of the terms and conditions of this Agreement have been fulfilled by the Customer,including transfer of the above-described water rights.The taps may not be used on any property other than that described herein without the express prior written consent of the District to such transfer.Any such transfer shall be made to property owned by the Customer, and such property, and the Customer, shall meet all rules,regulations and requirements of the District in order to achieve a requested transfer. Any right to receive a tap option or water rights credit under this Agreement, whether upon the above-described property,or at any other place shall expire and become null and void 20 years from the date of this Agreement.Customer may not encumber, mortgage or collaterally assign the taps without the prior written consent of the District thereto.In all other respects the taps or water rights credit shall be treated as personal property. 15. Because installation of certain facilities to the below described property may benefit property owned by other Customers of the District, the District may pay tap rebates to the Customer upon receipt of a fully paid tap fee from another party to serve property not included within the below described property.These tap rebates will be paid in accordance with the District Rules and Regulations and the Customer should familiarize themselves with this portion of the aforementioned Rules and Regulations. The parties hereto agree that refunds will be made for a period of 5 years from the date of this Agreement and that upon expiration of said 5 year period,the District shall have no further obligation to make refunds.The total amount of the tap rebates will not exceed the Customer's cost for the improvements. 16. The Customer agrees to abide by all rates established and rules and regulations of the District as now established or as may hereafter be established by the District.District shall not be liable for any injury or damage for failure to deliver water for any reason including but not limited to war, riot, insurrection, Act of God, or breaks or failure of the water system. 17. No agent or representative of the District has the power to amend, modify, alter or waive any provisions of this Agreement. Any promises, agreements, or representations made by any agent or representative of the District not herein set forth shall be void and of no further force and effect. 18. The Customer understands and agrees that all amounts due under the terms of this Agreement, as well as all fees, rates, tolls, penalties, or charges for services, programs, or facilities furnished by the District constitute a perpetual lien on the property herein described,and that such lien may be foreclosed in the same manner as provided by the laws of the State of Colorado for the foreclosure of mechanic's liens.§32-I-1001(1)(j),C.R.S. 1973(1981 amendments).In the event Customer fails to abide by any of the terms or conditions of this Agreement, Customer agrees to pay all costs and expenses incurred by the District as a result of the breach including direct and consequential damages, loss of revenue, attorney fees, court costs, expert witness fees and other expenses. 19. This Agreement shall be binding upon and inure to the benefit of the heirs,personal representatives,successors and assigns of the parties hereto. Except as provided herein, the Customer may not assign all or any part of any interest in this Agreement to any person. IN WITNESS WHEREOF, the parties hereto have set their signatures the day and year first above written. LITTLE THOMPSON WATER DISTRICT CUSTOMER By: By: CHttt r r raa,... /n; c. h ''.7 14-1 Mailing Address: •)-1 7 73- rt'C.c 5q Ratified by LTWD Board of Directors on: (Olt! rt 8 .e v3 Telephone: 9'7e; }47 - 3T Y I) Real Estate Description for Agreement ("property"): TWA E 57¢T6 S eQ /if Ly-/k6 ?) Amount of Deposit: $ I) Date Customer needs facilities: :) Number of Northern Colorado Water Conservancy District units transferred to District: NCO Y'� Price per unit of Northern Colorado Water Conservancy District water: r� - Tap Size:5/8 x 3/4 inches. qr Number of taps to be installed: 1 Plat Provided? Yes No Number of new fire hydrants: z 1) Fee for hydrants: $ 7 )(47;00O REFERRAL LIST NAME: Schultz Farm Inc CASE NUMBER: PF-622 REFERRALS SENT: July 22, 2003 REFERRALS TO BE RECEIVED BY:August 8, 2003 COUNTY TOWNS and CITIES _X Ambulance Services _X Attorney Ault _X Health Department Brighton _Extension Service Broomfield Emergency Management Office Dacono X_Sherifs Office Eaton X_Public Works Erie Housing Authority Evans Airport Authority Firestone _X Building Inspection Fort Lupton _X Code Enforcement Frederick STATE Garden City _X Division of Water Resources Gilcrest Geological Survey Greeley Department of Health Grover Department of Transportation _Hudson Historical Society _X Johnstown Water Conservation Board Keenesburg Oil and Gas Conservation Commission Kersey Division of Wildlife: LaSalle Loveland Lochbuie Greeley Longmont Division of Minerals/Geology _X Mead FIRE DISTRICTS _X Milliken Ault F-1 New Raymer _Berthoud F-2 Northglenn Briggsdale F-24 Nunn Brighton F-3 Pierce Eaton F-4 Platteville Fort Lupton F-5 _Severance Galeton F-6 Thornton Hudson F-7 Windsor X_Johnstown F-8 _X Berthoud La Salle F-9 Mountain View F-10 COUNTIES Milliken F-11 Adams Nunn F-12 Boulder Pawnee F-22 Larimer Platteville F-13 Platte Valley F-14 FEDERAL GOVERNMENT AGENCIES Poudre Valley F-15 US Army Corps of Engineers Raymer F-2 USDA-APHIS Veterinary Service Southeast Weld F-16 Federal Aviation Administration Windsor/Severance F-17 Federal Communication Commission Wiggins F-18 Union Colony F-20 SOIL CONSERVATION DISTRICTS Brighton OTHER Fort Collins X_School District RE-5J Greeley Ditch Company Longmont X Assessor Office-Chris Woodruff West Adams _X Kim Ogle-landscaping X Little Thompson Water District COMMISSION/BOARD MEMBER _X Great Western Railroad Weld County Planning Department GREELEY OFFICE JUL 3 0 2003 (it -0;;E: RECEIVED Weld County Referral WilpC. July 22, 2003 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Schultz Farm Inc. Case Number PF-622 Please Reply By August 8, 2003 Planner Sheri Lockman Project PUD final plan for nine (9) lots with Estate Zone Uses along with 9.4 acres of open space Legal Lot B RE-2838; being part NW4 Section 31, T4N, R67W of the 6th P.M., Weld County, Colorado. Location East of and adjacent to CR 13; 1/2 mile north of CR 38 Parcel Number 1059 31 000036 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Weld County Planning Commission Hearing (if applicable) N/A ❑ e have reviewed the request and find that it does/does not comply with our Comprehensive Plan We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. Comments: Signature c. S--)4l c ra&-n )/eon Date 7 _LS.-O Agency c 1OcOn v5 3f--t14(32-fa ❖Weld County Planning Dept. +1555 N. 17th Ave. Greeley,CO. 80631 4(970)353-6100 ext.3540 4(970)304-6498 fax Rue O5 O3 01 : 03p Johnstown Fire & Rescue 970-587-4477 p. 1 rat a tsi.....::?0\ Weld County Referral VIID €. July 22, 2003 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Schultz Farm Inc. Case Number PF-622 fr Please Reply By August 8, 2003 Planner Sheri Lockman Project PUD final plan for nine (9) lots with Estate Zone Uses along with 9.4 acres of open space l Legal Lot B RE-2838; being part NW4 Section 31, T4N, R67W of the 6th P.M., Weld I County, Colorado. e Location East of and adjacent to CR 13; % mile north of CR 38 j 1 Parcel Number 1059 31 000036 _ _^ I The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Weld County Planning Commission Hearing (if applicable) N/A ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan �`e have reviewed the request and find no conflicts with our interests. - ❑ See attached letter. Comments: L_5 / o_cn, Signature \_ n ! '� co Date U_ 3--E�3 1 Agency • 1+� nSTOLA-✓ FTji� rc'€,v-_-, O . el/Veld County Planning Dept. +1555 N. 17th Ave. Greeley, CO. 80631 -O(970)353-6100 ext.3540 +(970)304-5498 fax Jul 25 03 12: 54p p. 1 (its e..........•?\\3 6 Weld County Referral IIIDc. July 22, 2003 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Schultz Farm Inc. Case Number PF-622 I Please Reply By August 8, 2003 Planner Sheri Lockman Project PUD final plan for nine (9) lots with Estate Zone Uses along with 9.4 acres of open space Legal Lot B RE-2838; being part NW4 Section 31, T4N, R67W of the 6th P.M., Weld County, Colorado. Location East of and adjacent to CR 13; % mile north of CR 38 Parcel Number 1059 31 000036 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Weld County Planning Commission Hearing (if applicable) N/A U We have reviewed the request and find that it does/does not comply with our Comprehensive Plan Zr"---We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. Comments: Signature Date Z `j _ Yot`- ,p 6a G era Agency u Pt Tfrfrwtcrtty wff-Thc- DFS.[4''cT Weld County Planning Dept. +1555 N. 17th Ave,Greeley.CO.80631 4x(970)353-6100 ext.3540 :•(970)304-6496 tax —..Weld County Planning D'pirtment GREELEY (IFFITE ( triwi: AUG 2 J Weld Countye erral IngC• July 22, 2003 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Schultz Farm Inc. Case Number PF-622 Please Reply By August 8, 2003 Planner Sheri Lockman Project PUD final plan for nine (9) lots with Estate Zone Uses along with 9.4 acres of open space Legal Lot B RE-2838; being part NW4 Section 31, T4N, R67W of the 6th P.M., Weld County, Colorado. Location East of and adjacent to CR 13; 1/2 mile north of CR 38 Parcel Number 1059 31 000036 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Weld County Planning Commission Hearing (if applicable) N/A Er-We have reviewed the request and find that ' doe oes not comply with our Comprehensive Plan U We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. Comments: Signature ze_A, � 4e:- � 1 Date 5_ z 2 - a? Agency G�.e-J, _ rS Sdzn, +Weld County Planning Dept. 31555 N. 17th Ave. Greeley,CO.80631 •*(970)353-6100 ext.3540 9(970)304-6498 fax 07/25/2003 11: 28 9705872678 MILLIKEN PAGE 01/01 it t 4 altril; , Weld County Referral -lilCJuly 22, °s�Ce .a COLORADO Ibiza, <s qt. fib. The Weld County Department of Planning Services has received the following item for reviews!' 4 ATlicant Schultz Farm Inc. Case Number PF-622 Please Reply By August 8, 2003 Planner Sheri Lockman Project PUD final plan for nine(9) lots with Estate Zone Uses along with 9.4 acres of open space I . Legal Lot B RE-2838; being part NW4 Section 31, T4N,.R67W of the 6th P.M., Weld County, Colorado. Location East of and adjacent to CR 13; %mile north of CR 38 Parcel Number 1059 31 000036 µ J The application is submitted to you for review and recommendation.:.Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may givelfull consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. I Weld County Planning Commission Hearing (if applicable) N/A ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ►2 We have reviewed the request and find no conflicts with our interests. - El See attached letter. Comments' Signature Date r\sk-, Agency \Nj; ., � +Weld County Planning Dept. 61555 N. 17th Ave.Greeley,CO.80631 +!(970)353-6100 exL3540 0(070)304-64m fax FROM :TOWNocJOHNSTOWN i-- FAX NO. :9705870142 ^Ju1. 28 2003 06:36AM P1 • Weld County Referral I • July,22, 2003 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Schultz Farm Inc. Case Number PF-622 Please Reply By August 8;2003 Planner . Sheri Lockman Project PUD final plan for nine (9)lots with Estate Zone'Uses along with 9.4 acres of open space Legal Lot B RE-2838; being part NW4 Section 31, T4N, R67W of the 6th P.M,, Weld County, Colorado. Location East of and adjacent to CR 13; %mile north of CR 38 Parcel Number 1059 31 000036 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application,please call the Planner associated with the request. Weld County Planning Commission Hearing (if applicable) N/A ❑i We have reviewed the request and find that if does/does not comply with our Comprehensive Plan ,k� We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. Comments: Signature Date --272,2)(/) 17 Agency r- :-Weld County Planning Dept. +1555 N. 17th Ave.Greeley,CO.60631 O(970)353-8100 ext.3540 +(970)304-6498 fax 08/11/03 M0N 13:13 FAX I?j001 a RECEIVED JUL 2 8 Z003 Weld County Referral W lip f C July 22, 2003 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Schultz Farm Inc. Case Number PF-622 Please Reply By August 8,2003 Planner Sheri Lockman Project PUD final plan for nine (9) lots with Estate Zone Uses along with 9.4 acres of open space Legal Lot B RE-2838; being part NW4 Section 31, T4N, R67W of the 6th P.M., Weld County, Colorado. Location East of and adjacent to CR 13; '%mile north of CR 38 Parcel Number 1059 31 000036 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Weld County Planning Commission Hearing (If applicable) N/A U We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ❑ We have reviewed the request and find no conflicts with our interests. 2 See attached letter. Comments: Signature Date (Ai tee 3 Agency (�.Wes tC. 1 +Weld County Planning Dept. 01555 N. 17th Ave. Greeley,bO.80631 +(970)353-6100 ext.3540 +(970)304-6498 fax 08/11/03 MON 13:14 FAX Ij002 OmniTRAX, INC. 252 Clayton Street, 4th Floor Denver, Colorado 80206 Telephone 303-393-0033 Fax 303-393-0041 Omnr www.omnitrax.com June 10, 2003 Mr. Dennis R. Messner President • Messner Engineering, Inc 150 E. 29th Street Suite 270 Loveland, CO 80538 Dear Mr. Messner, Regarding the revised plans for"The Estates at Hill Lake"being developed in the Northwest Quarter of Section 31,Township 4 North, Range 67 West of the 6th P.M. in Weld County along County Road 13 as reviewed from your transmittal letter of June 4, 2003. In reviewing the revised plans for the 24"outfall pipe from the retention pond on the southwest corner of the development, I noted the changes incorporating the Weld County drainage revisions in conjunction with County Road 13. The combination of the proposed changes and the revisions by the County will address the concerns regarding your discharge from the retention pond. If the County Road 13 changes are not done, it will be necessary for you to adjust the drainage channel along the Great Western Railway's track further north away from the existing channel. If the outflow riprap area is inadequate to prevent erosion of the track structure, it will be necessary for you to adjust the riprap area to protect the track. In addition, the Great Western Railway has an eighty foot(80')right of way along the boundary of the Estates at Hill Lake. Please contact me with any questions regarding this matter. Si(n)cerely, Chris Dodge, P.E. Cc: Gary Earnshaw—Great Western Railway Colorado, Loveland, CO Memorandum TO: Sheri Lockman, W.C. Planning DATE: August 20, 2003 C FROM: Pam Smith, W.C. Department of Public f COLORADO Health and Environment � CASE NO.: PF-622 NAME: Shultz Farm, Inc. The Weld County Health Department has reviewed this Final Plan submittal. A review of the recorded Change of Zone map finds a discrepancy with the revised, submitted and approved one, dated 7-3-2003, that addressed the septic envelope sizing (in response to my comments dated August 8, 2002). The recorded Change of Zone map, submitted in the Final Plan application, shows a 20 foot irrigation easement bisecting the property roughly along the lot lines between Lots 3 and 4 and Lots 5 and 6. Unless this is a below-ground, piped irrigation ditch, its placement does not meet the required 100 foot setback between absorption fields and irrigation ditches. All other health-related requirements of the Change of Zone resolution appear to have been met. O:\PAM\PLANNING\FinalPlan\17=622.rtf Weld County Planning Departm?nt GREEL EY 0FF!rr a.UG 1 8 2(iC •m, MEMORANDUM ECEIV :J ' TO: Sheri Lockman, Planner II DATE: August 14, 2003 CFROM: Donald Carroll, Engineering Administrator ,CAAL COLORADO SUBJECT: PF-622, Estates at Hill Lake PUD At the request of the applicant and Planning Services I have reviewed the IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS (PUBLIC ROAD MAINTENANCE). Utilizing the final plat drawings, the typical cross-section and site plan to determine quantities, the site grading and street grading were complete on site. Both of these items have been roughed in along with the waterline extension and fire hydrants. The following items in the Exhibit A portion need to be re-verified and re-calculated prior to acceptance of the remaining items: 1) The street base item - Utilizing four inches of aggregate base course, my quantity reflects approximately 600 tons. The applicant is identifying 374 tons. 2) Gravel shoulder - My calculations reflect approximately 1700 linear feet. The applicant is identifying 1420 linear feet. 3) In the drawing, the applicant is identifying erosion control protection. This is a very important item associated with construction. This item should be included in the drainage portion. 4) Street name signs and stop signs on a stop sign post is typical for all developments. Please add an additional sign. Please refer to my Exhibit A portion reflecting quantities. Verify your quantities and unit costs and resubmit for review and approval. pc: Peter Schei, Public Works PF-622 M-\P LAN N IN G\P P-622-DOC Weld County Planning Department ?PrFI Pi OFFICE a MEMORANDUM m"`' ' 2003 1*1 RECEIVED TO: Sheri Lockman, Planner • DATE: 15-August-2003 W� FROM: Peter Schei, P.E., C. eer,Public Works Department C. COLORADO SUBJECT: PF-622 The Estates 1 Lake PUD 2 (Final Plat) Weld County Public Works Department has reviewed final plan materials and has the following development referral comments. Comments ❑ These comments supersede any typical interior roadway cross-section recommendations by Public Works. Upon final review, a discrepancy was found between the Change of Zone plat and the submitted drainage report. The Change of Zone plat showed a typical road cross-section with ditches along both sides to contain drainage water. The drainage report submitted at Change of Zone did not assume drainage to be contained within roadside ditches (no ditches). Additionally, the applicant has already installed utilities on-site with the understanding that the typical interior roadway cross-section would not have roadside ditches. Thus, implementing roadside ditches to correspond to the typical section shown on the Change of Zone plat is not practical. ❑ The Public Works Department usually requests roadside ditches for developments. Additionally,Public Works typically asks that roadside drainage to be contained within the right-of-way. In this particular case, the Public Works Department will not require the applicant to provide roadside ditches or contain the roadside drainage within the right-of-way; however, the applicant and engineer shall document specific improvements to handle roadside drainage and the development drainage on the Final Plat(with drawing(s) and note(s)) including the Final Drainage Report(to be included in the discussion). By doing so, the lots and future property owners shall be insured that home structures shall not be inundated with stormwater up to and including the 100-year storm by the applicant. ❑ The typical interior roadway cross-section shown on the Final Plat is acceptable, so as the above-mentioned requirements by Public Works are completed. Recommendation ❑ The above comments are prerequisites and shall be fulfilled prior to recording the final plat. Any issues shall be resolved with Public Works prior to recording of the final plat: •PC: PF-622 The Estates at Hill Lake PUD 2(Final Plat) Email&Original: Planner PC by Post: Applicankc( )6d ,5 PC by Post: Engineer ytt¢s5)tr Page 1 of 1 „ :z, Weld County Planning Department GREELEY OFFICE f 200 MEMORANDUM RE AUGG 6 2003D WTO: Sheri Lockman, Planner DATE: 04-August-2003 FROM: Peter Schei, P.E.,Civil E 1 Public Works Department COLORADO SUBJECT: PF-622 The Estates at Hill Lake PUD(Final Plat) Weld County Public Works Department has reviewed final plan materials and has the following development referral comments. Comments ❑ The applicant shall be aware of a County railroad-crossing project on CR 13 adjacent to this PUD. This improvements project is known as CR 13 Railroad Crossing Between CR 38&40. The County project engineer is Wayne Howard,P.E.(This comment is not a prerequisite for recording the final plat,but collaboration between the applicant and the County.) ❑ Internal roads shall meet Weld County criteria for a PUD. The typical interior roadway cross-section shown is different than the cross-section approved on the change of zone plat. The typical interior roadway cross-section is not acceptable as shown on the final plat. The Change of Zone Plat note T states, "The roadside drainage shall be contained within the right-of-way". The applicant must correct the cross-section in the final plat submittal materials and coordinate this with the final drainage plans. ❑ The applicant shall provide a pavement design prepared by a professional engineer along with the final plat submittal. ❑ The applicant shall submit to Public Works stamped, signed and dated final plat drawings and roadway/construction&grading plan drawings for review(with the final application)and approval. Construction details must be included. This is consistent with County Code: Sec. 24-3-50, "The minor subdivision final plat submitted shall contain the original signatures and seals of all parties required." ❑ Stop signs and street name signs shall be indicated on the final roadway plans. ❑ "A final drainage report stamped, signed and dated by a professional engineer licensed in the State of Colorado, along with construction plans conforming to the drainage report shall be submitted with the final plat application. The final drainage report shall address all issues listed in the Weld County Department of Public Works referral dated August 12, 2002." o The Drainage Investigation&Erosion Control Report,dated June 2002,is in general acceptable. o The June 2002, report states increased runoff due to development is slightly larger. The report shall discuss the increased runoff due to development and the existing condition, correlating data calculations in the discussion and conclusions for the final drainage report. o An 18-inch CMP culvert is proposed at the intersection of CR 13 and Hill Lake Drive. There are no supporting calculations to verify the sizing. Calculations verifying this and discussion in the conclusions correlating the data will be required with the final drainage report. o Storm water conveyance downstream to the southwest needs to be addressed,especially at the intersection of CR 13 and the railroad. The report states that an 18-inch CMP culvert passes beneath CR 13. The report fails to support this with calculations verifying flows from the development will pass this point. Downstream discharge on the north side of the railroad tracks should be fully evaluated to ensure that downstream landowners are not adversely affected. The final drainage report shall address these issues. o The June 2002, report falls short in correlating much of the abundant numerical data in Appendix I to the conclusions and recommendations. The final report shall tie the calculated data to the discussion, conclusions and recommendations. ❑ The applicant shall address the "Proposed 15" HDPE Irrigation Pipe" as shown on Sheet 5, Hill Lake Road - Plan & Profile. Sheet 6, Irrigation Pipe — Plan & Profile, shows this as a "Proposed 10" HDPE Irrigation Pipe." This discrepancy must be m Peoalemagitsvigw.l.Fnal ..an neF. .00"I .RID(FH-0 . Page 1 oft corrected on the final plans to be sub,.etted for approval by Public Works. ❑ The applicant has submitted an Improvements Agreement According to Policy Regarding Collateral For Improvements (Public Road Maintenance). This agreement is currently being reviewed by Public Works and shall be approved by the BOCC prior to recording the final plat. ❑ The applicant shall coordinate work in the right-of-way with the County's railroad crossing project. Various concerns such as grades,drainage, and sight distance will need to be orchestrated between these two projects. (This comment is not a prerequisite for recording the final plat,but collaboration between the applicant and the County.) Recommendation ❑ The above comments are prerequisites and shall be fulfilled prior to recording the final plat. Any issues shall be resolved with Public Works prior to recording of the final plat. * PC: PF-622 The Estates at Hill Lake PUD(Final Plat) Email &Original: Planner PC by Post: Applicant-7--)dui }i,4c PC by Post: Engineer ntis aiLr''1 Page 2 of 2 r, DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS OF THE ESTATES at HILL LAKE THIS DECLARATION of covenants, conditions and restrictions is made and entered into by Shultz Farm Inc., a Colorado corporation("Declarant"). RECITALS Declarant is the owner of the real property situated in the County of Weld, State of Colorado, described as: Lot B, RE-2838,being part of the Northwest '/.of Section 31, Township 4 North, Range 67 West of the 6th P.M.,Weld County Colorado, a Planned Unit Development known as The Estates at Hill Lake. Whereas, Declarant desires to subject and place upon the property described, certain covenants, conditions, restrictions, easements, reservations, rights-of-way, obligations, liabilities and other charges set forth herein for the purpose of protecting the value and desirability of said property and for the purpose of furthering a plan for the improvement, sale and ownership of said property,to the end that a harmonious and attractive development of said property may be accomplished and the health, comfort, safety, convenience and general welfare of owners in said property, or any portion thereof, may be promoted and safe-guarded. Let it be known that the Property is in Weld County and therefore subject to the County's Right to Farm Act; Weld County is one of the most productive agricultural counties in the United States, ranking fifth in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long- established agricultural practices to accommodate the intrusions of urban users into a rural area. Well run agricultural activities will generate off-sight impacts, including noise from tractors and equipment; slow-moving farm vehicles on rural roads; dust from animal pens, field work, harvest, and gravel roads; odor from animal confinement, silage, and manure; smoke from ditch burning; flies and mosquitoes; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. Ditches and reservoirs cannot simply be moved out of the way of residential development without threatening the efficient delivery of irrigation to fields which is essential to farm production. Section 35-3.5-102. C.R.S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Weld County covers a land area of over 4000 square miles in size(twice the size of the State of Delaware)with more than 3,700 miles of state and county roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the county and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a based road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Snow removal for roads within subdivisions, are of the lowest priority for public works or may be the private responsibility of the homeowners. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. Children are exposed to different hazards in the county than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs, and livestock present real threats to children. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. Parents are to take extra precautions and responsibilities for their children. 1. DECLARATION Therefore, Declarant hereby declares that all of the real property described above shall be held, sold, and conveyed subject to the following covenants, conditions, restrictions, easements, rights-of-way, obligations, liabilities, charges and other provisions set forth herein, which are for the purpose of protecting the value and desirability of, and which shall run with, the above-described property and be binding on all parties having any right,title, or interest in the above-described property or any part thereof,their heirs, personal representatives, successors, and assigns, and shall inure to the benefit of each owner thereof. 2. GOVERNING ENTITIES 2.1 Homeowners Association. Each Lot, as platted in the above described Property, shall be accompanied by one(1)voting and assessable membership in The Estates at Hill Lake Homeowners Association. Such Association shall be responsible for the maintenance of any parks, buffer zone, common areas and other areas designated for the use of all residents. All assessments levied by the Association shall be fixed at a uniform rate for all Lots, and shall be used exclusively for the purpose of promoting the aesthetic well being, recreation, health, safety and welfare of the residents of The Estates at Hill Lake, as well as for the improvement and maintenance of any common use area. 2.2 The Executive Board. There is hereby created an Executive Board for the purpose of maintaining within the subdivision a homogenous style and nature of building design which is compatible with the area's physical setting and comply with the restrictions herein stated. The Executive Board may act in all instances on behalf of The Estates at Hill Lake Homeowners Association. 2.2.1 The Declarant shall appoint all members of the Executive Board until such time as 2/3 of the ownership of the Lots have been conveyed by the Declarant, at which time, one (1)position on the Executive Board may be voted from among the Membership of The Homeowners Association. At such time the members of the Executive Board will comprise of two (2)appointed by the Declarant and one (1) elected from the Membership of the Association. 2.2.2 At such time as the Declarant has conveyed 100% of the Lots, one(1)additional position may be voted from among the Membership of the Homeowners Association. The Executive Board at this time will be comprised of one (1)position appointed by the Declarant, and two(2) positions elected from the Membership of the Association. 2.2.3 The following shall be the initial members of The Executive Board: Steven E. Shultz 21475 Weld County Rd 19 Milliken, CO 80543 L. Darlene Shultz 1568 Goldeneye Dr. Johnstown, CO 80534 Ellen Anderson 378 Reagan Dr. Loveland, CO 80538 2.2.4 The members of The Executive Board, after 100% conveyance by the Declarant shall consist of one (1) representative from Shultz Farm Inc., a Colorado Corporation, and two(2)elected by the members of The Homeowners Association. 2.2.4 Members of The Executive Board will serve for a term of two years. Only one position shall be up for election on any given year. 2.2.5 All decisions of The Executive Board shall be by majority vote. 2.2.6 No structure shall be erected or placed on any lot, nor shall the exterior of any existing structure be altered, until the construction and specifications have been approved by The Executive Board. 2.2.7 The Executive Board shall approve or disapprove proposed structures within sixty days after receipt of all materials required to be submitted. If The Executive Board fails to act upon the proposal within such time,then the proposed structure may be erected without further approval, so long as it does not otherwise violate any of the covenants or restrictions contained herein. 2.2.8 After 100%conveyance by the Declarant, the Homeowners Association can overrule any decision made by The Executive Board with a 2/3 vote of it's membership. 3, RESTRICTIONS 3.1 Land Use. Each platted Lot shall be used and occupied for residential purposes only and occupied by individuals in a domestic relationship or related by marriage or blood and such individual's domestic and/or medical assistants, of any. No more than one residential structure shall be constructed on any Lot. 3.2 Preconstruction Approval. Prior to submittal to Weld County Building Department for a building permit and prior to any construction, each owner, at his cost, shall submit to The Executive Board for it's approval a site plan showing the topography of the Lot,the dimensions of the structure, and any existing structures on the Lot; a floor plan of the structure showing the total area of the structure; and a written description of the materials to be used in the roof and exterior walls of the structure. 3.3 Building Type. All structures within the property shall be fixed location homes constructed on a Lot, and no previously constructed building or structure shall be placed on any Lot. Any structure which is detached from the initial structure shall be constructed in the same architectural style and of the same exterior materials as the initial structure. 3.4 Temporary Structures. No structure of a temporary character of any kind shall be used at any time, either temporarily or permanently. 3.5 Building Style and Size. Every residence shall be built having not less than 2,000 square feet of finished floor area at ground level, excluding porches,basements, and garages. Such structures may be built with basements. Each residence shall be built with an attached, fully enclosed garage to house three or more cars. 3.6 Building Exterior. No less than 70%of the exterior of any residence shall be of brick, stone, or masonry. Any exterior siding used must be wood boards or other hardboard and compressed material siding products. No aluminum, vinyl and/or metal sidings or trims will be allowed. Aluminum or metal gutters and downspouts are allowed. 3.7 Roofing. All roofing material requires approval of the Executive Board. Roofing material should be of a neutral color. Metal roofs are not permitted. 3.8 Colors. All exterior colors and color combinations shall be approved by the Executive Board. Repainting when existing color is changed shall require approval by The Executive Board. All paint colors should be submitted with color chip including paint color number and manufacturer. The field color of exterior materials should be generally subdued, neutral colors. Accent trim colors on doors,window frames, facias, soffits, and trims, used judiciously and with restraint, are permitted. Primary colors such as red, yellow, blue, green, purple, and pink are not permitted. 3.9 Animals. No animals, livestock(hoofed) or poultry of any kind shall be raised, bred or kept on any Lot, except that dogs, cats, and other household pets may be kept so long as they are not kept, bred or maintained for any commercial purpose. Animals must be confined to the owner's Lot or leashed at all times. Each residence will be limited to no more that two adult animals; i.e., dogs, cats, and other household pets. On public areas, animal waste must be immediately collected and disposed of by the animal owner. 3.10 Nuisance. No noxious or offensive activities shall be conducted on any Lot, nor shall anything be done on any Lot which may be or become an annoyance or nuisance in the neighborhood. 3.11 Storage of Boats. Campers. Tractors.Trailers. etc. No boat, camper, trailer, recreational vehicle or other vehicle or similar device (i.e. golf carts, lawn mowers,tractor blades, implement accessories, etc.) shall be stored or permitted to remain on any Lot for more than 3 consecutive days except within an enclosed garage. Upon at least seven(7)days prior written notice the Executive Board, visitors with campers,trailers and recreational vehicles may be permitted to park on a Lot over the three-day period. All commercial vehicles must be garaged at sunset. 3.12 Vehicles. No immobilized motor vehicle shall be allowed to remain on any Lot for a period longer than 3 days unless such vehicle is within an enclosed garage. In addition, no more than one immobilized motor vehicle shall be permitted on any Lot. For the purpose of this section, an"immobilized motor vehicle" shall be considered any motor vehicle not presently capable of movement under its own power. No motor vehicle which could not be driven legally on the public roads in the State of Colorado shall be allowed to stand on any Lot for any period of time except within an enclosed garage. 3.13 Signs. No signs of any kind shall be displayed on any Lot except one sign of not more than two square feet showing the name and address of the owner, one sign of not more that six square feet advertising the property for sale or rent, or signs used by a builder to advertise the property during construction. Other signs may be permitted with the Executive Board approval, i.e. beware of dog, no soliciting, etc. 3.14 Construction Time Period. Work must be commenced within 6 months of the Executive Board's date of approval of the construction documents. If not, approval will be considered void and a new submittal will be required. All building construction and Lot grading work must be completed within one year of work commencement. 3.15 Storage of Materials. No Lot shall be used for the open storage of construction materials or any other material except during the construction of improvements. All initial building construction and lot grading work must be completed within one year of work commencement. No long term, open storage of material will be permitted on any Lot. 3.16 Disposal of Trash and Garbage. All trash, garbage and other refuse shall be kept in closed containers. All containers must be concealed from public view. Containers may be exposed for no more than 24 hours in any seven day period. Trash will be disposed of at the homeowner's expense. 3.17 Landscaping. Within eighteen months of receiving of certificate of occupancy, an Owner shall promptly plant and maintain appropriate ground cover on such Lot commensurate with the surrounding areas. Such plantings must include a minimum of two deciduous trees with a caliper of no less that 2", and a minimum of two conifer trees with a height of no less than 6 feet. No poplar trees shall be permitted. Ground shall not be permitted to remain bare on any Lot except for areas being used for seasonal gardening. Weeds must be controlled by each owner. 3.18 Fences. Fencing requires specific approval from The Executive Board prior to construction. All fences must not exceed 48 inches in height. They must be of an open style such as rails and posts, no solid fencing will be permitted. For animal containment, a welded wire mesh may be added to the inside of the open styled fencing. Natural materials such as wood, stone, bricks, wrought iron, or any combination of such materials may be used. No plastic or vinyl fencing material shall be permitted. No metal chicken wire, barbed wire, chain links, or strand wire fencing shall be permitted. All gates shall be constructed of material similar to the material approved for fences. Plantings can be used in lieu of fences(i.e. dense coniferous, bushes and hedge plantings may be used to gain a screening effect). Care should be taken however,to respect and preserve view from adjacent Lots. 3.19 Exterior Mechanical Equipment. All exterior mechanical equipment such as air conditioners, evaporative coolers, heating equipment, solar panels, radio or television antennas, shall be either incorporated into the overall form of the dwelling or be enclosed by a structure matching the exterior house material. Under no circumstances shall these items be roof-mounted or located in such a way that they are unsightly from neighboring properties or public streets. Satellite dishes shall be allowed, if discreetly placed. 3.20 Miscellaneous Improvements. No clotheslines, drying yards, service yards, wood piles or storage areas shall be located on any Lot as to be visible from a street or from the ground level of any other Lot. 3.21 Hot Tubs& Spas. Requires Executive Board approval. Must be ground mounted and an integral part of the deck or patio area. Must be in the rear yard. 3.22 Exterior Lighting. Any exterior lighting installed or maintained on any Lot shall either be indirect or of such controlled focus and intensity so as not to disturb the residents of adjacent or nearby property. 3.23 Re-platting Lots. No Lot lines can be moved, reconfigured, or re- platted in any way without the written permission of the Executive Board. 3.24 Absorption Field Protection. Each individual Lot contains absorption field envelopes for the septic systems, on which no permanent structures, landscaping or other items are permitted, as per recorded plat. 3.25 Parking. No vehicles shall be parked on any streets or common use areas overnight. 3.26 Common Area . Common area is available for recreational use by all Members of The Homeowners Association and their guests. The use of motorized vehicles on or in the common areas shall be prohibited. This includes snowmobiles, golf carts,motorcycles, minibikes, go carts, mopeds, delivery trucks, or all-terrain-vehicles. The only exclusion is lawn cutting, snow removal or maintenance equipment. 3.27 Holiday Decorations. All seasonal decorations must be removed within thirty(30) days following that particular holiday or celebration. 3.28 Variances. Any variances to any of the provisions of this Declaration of Covenants must be approved in writing by the Executive Board. Any denial of a variance may be overturned with the approval of Members entitled to cast of at least two thirds (2/3)of the total number of votes entitled to be cast by Members. 3.29 Additional Requirements& Standards. These requirements and guidelines may be amended or supplemented as deemed necessary by The Executive Board or by a 2/3 vote of The Homeowners Association. 3.30 Enforcement. These covenants, conditions and restrictions may be enforced by the owner or owners of any Lot in The Estates at Hill Lake, or by The Executive Board,or by The Estates at I-Ell Lake Homeowners Association. Failure to conform to these guidelines or obtain necessary approval from The Executive Board will constitute a violation of the Declaration and shall require modification or removal at the expense of the owner. ADOPTED THIS DAY OF JANUARY, 2003 SHULTZ FARM INC. By: Steven E. Shultz, President STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this day of January, 2003, by Steven E. Shultz, as president of Shultz Farm Inc., and Colorado Corporation. Witness my hand and official seal. My commission expires: Notary Public tii;:),ri Weld County Referral 1111 D C. July 22, 2003 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Schultz Farm Inc. Case Number PF-622 Please Reply By August 8, 2003 Planner Sheri Lockman Project PUD final plan for nine (9) lots with Estate Zone Uses along with 9.4 acres of open space Legal Lot B RE-2838; being part NW4 Section 31, T4N, R67W of the 6th P.M., Weld County, Colorado. Location East of and adjacent to CR 13; %:mile north of CR 38 Parcel Number 1059 31 000036 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Weld County Planning Commission Hearing (if applicable) N/A ❑ e have reviewed the request and find that it does/does not comply with our Comprehensive Plan ❑ e have reviewed the request and find no conflicts with our interests. See attached letter. Comments: zre �,[/ Date / 9 i.Ud 3 gyip nn9 lLA. ,f`i�-l..d h +Weld County Planning Dept. +1555 N. 17th,'ye_. Greeley, CO.80631 :•(970)353-6100 ext.3540 4(970)304-6498 fax a DEPARTMENT OF BUILDING INSPECTION Weld County Administrative Offices 1555 N. 17th Avenue, Greeley, CO80631 WEBSITE: www.co.weld.co.us Phone (970) 353-6100, Ext. 3540 IFax(970) 304-6498 C. COLORADO August 19, 2003 Schultz Farm, Inc. PUD final plan for nine (9) lots with Estate Zone Uses along with 9.4 acres of open space. PF-622 1. Building permits shall be obtained prior to the construction of any building or structure. Buildings that meet the definition of an Ag Exempt Building per the requirements of Section 29- 1-20 and Section 29-3-20 B.13 do not need building permits, however a Certificate of Compliance must be filed with the Planning Department and an electrical permit is required for any electrical service to the building. 2. A plan review is required for each building except for buildings that meet the definition of Ag Exempt buildings. Plans shall bear the wet stamp of a Colorado registered architect or engineer. Two complete sets of plans are required when applying for each permit. 3. Buildings shall conform to the requirements of the codes adopted by Weld County at the time of permit application. Current adopted codes include the 1997 Uniform Building Code, 1998 International Mechanical Code, 1997 International Plumbing Code, 2002 National Electrical Code and Chapter 29 of the Weld County Code. 4. Each building will require an engineered foundation based on a site-specific geotechnical report or an open hole inspection performed by a Colorado registered engineer. Engineered foundations shall be designed by a Colorado registered engineer. 5. Building height shall be limited to the maximum height allowed per UBC Table 5-B. Wall and opening protection and limitations shall be in accordance with UBC Table 5-A. (For residential occupancies, walls shall be protected with one-hour fire resistive construction within three feet of property lines and openings are not permitted within three feet of property lines) Separation of buildings of mixed occupancy classifications shall be in accordance with UBC Table 3-B and Chapter 3. Setback and offset distances shall be determined by the Zoning Ordinance. 6. Building height shall be measured in accordance with the 1997 Uniform Building Code for the purpose of determining the maximum building size and height for various uses and types of construction and to determine compliance with the Bulk Requirements from Chapter 27 of the Weld County Code. Building height shall be measured in accordance with Chapter 23 of the Weld County Code in order to determine compliance with offset and setback requirements. Offset and setback requirements are measured to the farthest projection from the building. Service,Teamwork, Integrity,Quality n Page 2 7. A Flood Hazard Development Plan shall be submitted for buildings constructed within the 100-year flood plain. Please contact me for any further information regarding this project. Sincerely, .) Jeff Reif Building Official Service,Teamwork, Integrity,Quality Weld County Planning Department GREELEY OFFICE "fille AUG 1 2003 RECEIVED Weld County Referral July 22, 2003 COLORADO `D The Weld County Department of Planning Services has received the following item for review: Applicant ./51:}u16 Farm Inc. Case Number PF-622 Please Reply By August 8, 2003 Planner Sheri Lockman Project PUD final plan for nine 9) lots with Estate Zone Uses along with 9.4 acres of open space Es es C(t 1-47(( Lake /36,0 Legal Lot B RE-2838; being part NW4 Section 31, T4N, R67W of the 6th P.M., Weld County, Colorado. j Location East of and adjacent to CR 13; Y2 mile north of CR 38 Parcel Number 1059 31 000036 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Weld County Planning Commission Hearing (if applicable) N/A ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ❑ We have reviewed the request and find no conflicts with our interests. See attoched tcttrr -41014). Comments: lice_ --y-owy, Boa.J p�6.(e. ta. -(v 464, ¶p. -tri .q w_ 4-iktuy� QQtd p2 c Vz 3 t'v-wa- �t.kc 4144:4- &tza IA -e-a.4. The Riorti r,thak. .G- -o-ufdO ,te cte-.t e1Q Cut&4 t fp-U # tie-ea-at amA,ktucako, Signature ,Qcduz.. ( D. l6ueu.c.. as (aunt Aett Date 7/30/03 Agency �j�tt/ln. 1 "71-,(4)4,_ yWeld County Planning Dept. 41555 N. 17th Ave. Greeley, CO.80631 4(970)353-6100 ext.3540 4(970)304-6498 fax a (it Weld County Referral infik July 22, 2003 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Schultz Farm Inc. Case Number PF-622 Please Reply By August 8, 2003 Planner Sheri Lockman Project PUD final plan for nine (9) lots with Estate Zone Uses along with 9.4 acres of open space Legal Lot B RE-2838; being part NW4 Section 31, T4N, R67W of the 6th P.M., Weld County, Colorado. Location East of and adjacent to CR 13; '/:mile north of CR 38 Parcel Number 1059 31 000036 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Weld County Planning Commission Hearing (if applicable) N/A U We have reviewed the request and find that it does/does not comply with our Comprehensive Plan wa We have reviewed the request and find no conflicts with our interests. U See attached letter. Comments: Ucen re\iLUD rN kTh et U ef' no t Olaf; tmr U u... CS� Signature ??3\13 Date —1-n- Agency 2n •:•Weld County Planning Dept. 4'.555 N. 7th Ave. Greeley, DO. 30631 4(970)353-6100 ext.3540 +(970)304-9498 fax MEMORANDUM WWig C TO: Sheri Lockman, Planner II COLORADO DATE: July 28, 2003 FROM: Kim Ogle, Planner 0, SUBJECT: The Estates at Hill Lake PUD, PF-622 Steve Shultz, applicant c/o Todd Hodges, Todd Hodges Design, LLC The Department of Planning Services has not reviewed a revised Landscape Plan for The Estates at Hill Lake PUD, thus the comments provided for the Change of Zone application review are still valid. and offers the following comments. An Improvements Agreement for Private Road Maintenance was not received in the referral packet. Per the application materials, the applicant is proposing nine one acre residential lots and approximately 9.9 acres of common open space to maintained by the Home Owners Association. On-site landscape treatment consists of a ten deciduous trees, and 31 evergreen tree with no common, botanical or cultivar species noted. This plant material is located parallel to the proposed monument signs, near the tank battery complex and parallel to the Great Western Railroad right-of-way. The application drawing package did not delineate the monument sign as described in the application materials. The applicant is proposing to plant several evergreen tree species south of the tank battery and gas well complex area. Typically winter storms come from the northwest, although upslope storms are also a likelihood. Staff is concerned that snow throw may be an issue, especially after a windy snow laden storm. Future applications shall address the issue of snow in relation to this area, and what efforts will be in place to mitigate this issue. Future submittals shall provide a detailed Landscape Plan for the entry, including the design of the monument sign for the proposed development. Per the application materials, the open space area will be planted in native and/or drought tolerant grasses. Future correspondence shall identify the species of grass seed mix and whether the mix is to be drilled or broadcast for installation. Further, the applicant has not addressed the landscape treatment for areas within the drainage swale. The applicant did identify the proposed erosion control devices that will be placed within and adjacent to this area. The Department of Planning Services has determined this measure to be adequate, however, the Department of Public Works shall review the final drainage report to ascertain adequacy. If plant material is proposed, please identify the species and how this plant material will be installed. Staff has concerns with the selection of the native grasses and the potential for noxious weeds to gain a foothold and establish themselves within the open space areas. Future correspondence shall identify the proposed management plan for the open space, particularly given the close proximity of the agricultural production lands to the north and southeast. Per the application materials, the open space area, including the entry area plant materials will be irrigated utilizing a non-potable water source, from either an installed watering system or by truck. Future correspondence shall identify the source of this water and the timing of delivery. The School District did not appear to respond to their requirements for this proposal. Future applications shall address the issue of bus pull-off and pick-up points, specific to the relationship of the point of ingress/egress of the PUD. This shall be graphically delineated on the drawings. Further, the location and relationship to the bus pull-off, if any, has not been delineated on the submitted drawings. The Change of Zone Plat shall reflect these additions to the development. The internal road for this PUD development shall be paved and meet the Code requirements of Chapters 24 and 27. Per Section 24-2-20 all PUD developments will be served by an internally paved road system according to County standards. The cross-section delineated in the drawing package has identified two 12-foot paved lanes and two 4-foot gravel shoulders adjacent to borrow ditches placed on each side of the road. The Department of Public Works shall address this issue. A general note regarding the graphic delineation of the of the swale relative to the residential driveways. The driveways should be delineated to cross the swale, and a culvert if required shall be delineated on the plans. The application materials states that the Town of Johnson Fire Department is requesting a secondary emergency access. However, there is no evidence from the Ditch Company of permission to utilize their thirty foot ingress and egress easement. Future applications shall address the issue. Further, the type of emergency access road surface is not identified. Staff suggests that the applicant research the use of Grasscrete or equivalent for this access drive. Grasscrete or similar is a non-invasive material that permits plant material to be planted within the openings thus creating the illusion of continuous open space not impacted by a hard surface drive. Finally, there is no indication that the access for the ditch company and or the emergency access will be gated or remain open. Future applications shall address the issue. The application materials indicate that the flowline of the drainage swale runs parallel to the Great Western Railroad right-of-way. The Landscape Plat has delineated evergreen trees to be planted in this location. Typically evergreen species of any type do not grow well in wet conditions. Future applications shall address the issue of the location of the trees in relationship to the drainage swale. The engineered site grading drawings prepared by Messner Engineers, Inc., delineates water flowing to the southeast towards the drainage swale parallel to the Great Western Railroad right-of-way. The swales are protected by the Straw Bale Dike Channel detail to control erosion and unregulated runoff for the property. The swale provides for overland flow into the proposed water quality control pond located in the southeast corner of the property. The applicant has proposed an outlet structure placed in the pond with a fifty (50) foot long by 18" diameter CMP storm drain with flared end to release the water at a historic rate. The applicant is proposing to release this water on the right-of-way of the Great Western Railroad. Future applications shall address the issue of the Great Western Railroad permitting this activity. A signed agreement with the Railroad shall be submitted prior to scheduling the Change of Zone hearing before the Board of County Commissioners. Summary The applicant shall provide additional information pertaining to the selection of plant material near the tank battery complex and methods of mitigation for snow. The applicant shall provide additional information pertaining to the emergency access as required by the Fire Department. The applicant shall provide additional information pertaining to plant material mix of the proposed native grasses, the method of installation and the management practices to be implemented such that noxious weeds are not prevalent within this development. The applicant shall provide additional information pertaining to the location of the evergreen plants adjacent to the railroad in relationship to the drainage swale. The applicant shall provide additional information pertaining to the historic release of water from the proposed water quality pond onto the Railroads property or right-of-way. The applicant shall provide additional information pertaining to the entry sign and plant materials, including common, botanical and species names, size at installation and any additional information deemed necessary by Landscape Designer. The applicant shall provide evidence of the non-potable water source and delivery for irrigation for proposed plantings. The applicant shall provide additional detail to the relationship of the bus pull-out, mail box location and point of ingress and egress for development. The applicant shall submit an Improvements Agreement for Private Road Maintenance for review and approval with the Final Plat application. End Memorandum. m:\...landscape referral\estates at Hill Lake PUD_O.wpd MEMORANDUM Weld Cour'.'s-r `r nng DeOFFICEpartment C". To: Sheri Lockman c c P lc 2003 From: Dave Tuttle Date: September 15, 2003 lr4 ECEIV ED Subject: PF-622 R Please see recommendations on change of zone. The Sheriff's Office lacks the ability to absorb any additional service demand without the resources recommended in the multi-year plan provided to the Board of County Commissioners or as indicated by growth not considered at the time the plan was developed. I have no other comments on this proposal. #01,01a (44 MEMORANDUM Sheri Lockman, Planner DATE: 06-October-2003 W • ITO:ik FROM: Peter Schei, P.E., Ci, ; Weer, Public Works Department COLORADO SUBJECT: PF-622 The Estate i Lake PUD 3 (Final Plat) Weld County Public Works Department has reviewed final plan materials and has the following development referral comments. Comments ❑ The applicant must have the surveyor sign the final plat sheet(s). Certified drawings will remain in the department's file for use during construction. o The applicant shall submit to Public Works stamped, signed and dated final plat drawings and roadway/ construction & grading plan drawings for review (with the final application) and approval. Construction details must be included. This is consistent with County Code: Sec. 24-3-50, "The minor subdivision final plat submitted shall contain the original signatures and seals of all parties required." ❑ The final drainage report stamped, signed and dated by a professional engineer licensed in the State of Colorado; along with construction plans conforming to the drainage report shall be re-submitted. o The final drainage report shall include a FEMA map. The engineer shall reference the specific map panel number, including date. The development site shall be located on the copy of the FEMA map. o Paragraph 4 on Page 7 needs to be amended to reflect the 10-inch diameter HDPE pipe used for irrigation. The applicant earlier stated that a 15-inch diameter HDPE pipe was not used. Page 23 of the Appendix, and Sheet 2 of 2 of the Drainage Exhibit need to be updated, also. Recommendation ❑ The above comments are prerequisites and shall be fulfilled prior to recording the final plat. ❑ The applicant shall be aware of a County railroad-crossing project on CR 13 adjacent to this PUD. This improvements project is known as CR 13 Railroad Crossing Between CR 38 & 40. The County project engineer is Wayne Howard, P.E. Any isms shall be resolved wtb Public Works prior to recording of the final plat; PC: PF-622 The Estates at Hill Lake PUD 3 (Final Plat) Email&Original: Planner Liylr_yinav‘ PC by Post: Applicant I(di S PC by Post: Engineer,jQ cc pt r m awffe:hE�..,., y.",o,F;.w � Page 1 of 1 DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS OF THE ESTATES at HILL LAKE THIS DECLARATION of covenants, conditions and restrictions is made and entered into by Shultz Farm Inc., a Colorado corporation("Declarant"). RECITALS Declarant is the owner of the real property situated in the County of Weld, State of Colorado, described as: Lot B of Corrected Recorded Exempted No. 1059-30-3-RE- 2838, being part of the Northwest 14 of Section 31, Township 4 North, Range 67 West of the 6th P.M., Weld County Colorado, a Planned Unit Development known as The Estates at Hill Lake, and to include all 9 residential lots and common areas as recorded in the final plat. Whereas, Declarant desires to subject and place upon the property described, certain covenants, conditions, restrictions, easements, reservations, rights-of-way, obligations, liabilities and other charges set forth herein for the purpose of protecting the value and desirability of said property and for the purpose of furthering a plan for the improvement, sale and ownership of said property, to the end that a harmonious and attractive development of said property may be accomplished and the health, comfort, safety, convenience and general welfare of owners in said property, or any portion thereof, may be promoted and safe-guarded. Let it be known that the Property is in Weld County and therefore subject to the County's Right to Farm Act; Weld County is one of the most productive agricultural counties in the United States, ranking fifth in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long- established agricultural practices to accommodate the intrusions of urban users into a rural area. Well run agricultural activities will gce 'orate off-sight impacts, inclmEn; noise from tractors and equipment; slow-moving farm vehicles on rural roads; dust from animal pens, field work, harvest, and gravel roads; odor from animal confinement, silage, and 1 manure; smoke from ditch burning; flies and mosquitoes; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. Ditches and reservoirs cannot simply be moved out of the way of residential development without threatening the efficient delivery of irrigation to fields which is essential to farm production. Section 35-3.5-102. C.RS., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Weld County covers a land area of over 4000 square miles in size(twice the size of the State of Delaware)with more than 3,700 miles of state and county roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the county and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a based road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Snow removal for roads within subdivisions, are of the lowest priority for public works or may be the private responsibility of the homeowners. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. Children are exposed to different hazards in the county than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs, and livestock present real threats to children. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. Parents are to take extra precautions and responsibilities for their children. 1. DECLARATION Therefore, Declarant hereby declares that all of the real property described above shall be held, sold, and conveyed subject to the following covenants, conditions, restrictions, easements, rights-of-way, obligations, liabilities, charges and other provisions set forth herein, which are for the purpose of protecting the value and desirability of, and which shall run with, the above-described property and be binding on all parties having any right, title, or interest in the above-described property or any part thereof,their heirs, personal representatives, successors, and assigns, and shall inure to the benefit of each owner thereof. 2. GOVERNING ENTITIES 2 2.1 Homeowners Association. Each Lot, as platted in the above described Property, shall be accompanied by one(1)voting and assessable membership in The Estates at Hill Lake Homeowners Association. Such Association shall be responsible for the maintenance of any parks, buffer zone, common areas and other areas designated for the use of all residents. All assessments levied by the Association shall be fixed at a uniform rate for all Lots, and shall be used exclusively for the purpose of promoting the aesthetic well being, recreation, health, safety and welfare of the residents of The Estates at Hill Lake, as well as for the improvement and maintenance of any common use area as specified in the final plat. 2.2 The Executive Board. There is hereby created an Executive Board for the purpose of maintaining within the subdivision a homogenous style and nature of building design which is compatible with the area's physical setting and comply with the restrictions herein stated. The Executive Board may act in all instances on behalf of The Estates at Hill Lake Homeowners Association. 2.2.1 The Declarant shall appoint all members of the Executive Board until such time as 2/3 of the ownership of the Lots have been conveyed by the Declarant, at which time, one (1)position on the Executive Board may be voted from among the Membership of The Homeowners Association. At such time the members of the Executive Board will comprise of two (2) appointed by the Declarant and one (1) elected from the Membership of the Association. 2.2.2 At such time as the Declarant has conveyed 100% of the Lots, one (1)additional position may be voted from among the Membership of the Homeowners Association. The Executive Board at this time will be comprised of one (1)position appointed by the Declarant, and two(2) positions elected from the Membership of the Association. 2.2.3 The following shall be the initial members of The Executive Board: Steven E. Shultz 21475 Weld County Rd 19 Milliken, CO 80543 L. Darlene Shultz 1568 Goldeneye Dr. Johnstown, CO 80534 Ellen Anderson 378 Reagan Dr. Loveland, CO 80538 3 2.2.4 The members of The Executive Board, after 100% conveyance by the Declarant shall consist of one(1) representative from Shultz Farm Inc., a Colorado Corporation, and two(2) elected by the members of The Homeowners Association. 2.2.4 Members of The Executive Board will serve for a term of two years. Only one position shall be up for election on any given year. 2.2.5 All decisions of The Executive Board shall be by majority vote. 2.2.6 No structure shall be erected or placed on any lot, nor shall the exterior of any existing structure be altered, until the construction and specifications have been approved by The Executive Board. 2.2.7 The Executive Board shall approve or disapprove proposed structures within thirty days after receipt of all materials required to be submitted. If The Executive Board fails to act upon the proposal within such time, then the proposed structure may be erected without further approval, so long as it does not otherwise violate any of the covenants or restrictions contained herein. 2.2.8 After 100% conveyance by the Declarant, the Homeowners Association can overrule any decision made by The Executive Board with a 2/3 vote of it's membership. 2.2.8 The Executive Board shall levy annual assessments equally upon each Lot. Assessments are to include, but not exclusive to, Association administrative expenses, Association insurance, repair and maintenance expenses, repair, replacement or construction of Common elements in the open space common areas as specified in the final plat. 3. RESTRICTIONS 3.1 Land Use. Each platted Lot shall be used and occupied for residential purposes only and occupied by individuals in a domestic relationship or related by marriage or blood and such individual's domestic and/or medical assistants, of any. No more than one residential structure shall be can tructed on any Lot. 4 3.2 Preconstruction Approval. Prior to submittal to Weld County Building Department for a building permit and prior to any construction, each owner, at his cost, shall submit to The Executive Board for it's approval a site plan showing the topography of the Lot, the dimensions of the structure, and any existing structures on the Lot; a floor plan of the structure showing the total area of the structure; and a written description of the materials to be used in the roof and exterior walls of the structure. 3.3 Building Type. All structures within the property shall be fixed location homes constructed on a Lot, and no previously constructed building or structure shall be placed on any Lot. Any structure which is detached from the initial structure shall be constructed in the same architectural style and of the same exterior materials as the initial structure. 3.4 Temporary Structures. No structure of a temporary character of any kind shall be used at any time, either temporarily or permanently. 3.5 Building Style and Size. Every residence shall be built having not less than 2,000 square feet of finished floor area at ground level, excluding porches, basements, and garages. Such structures may be built with basements. Each residence shall be built with an attached, fully enclosed garage to house three or more cars. 3.6 Building Exterior. No less than 70% of the exterior of any residence shall be of brick, stone, stucco, or masonry. Any exterior siding used must be wood boards or other hardboard and compressed material siding products. No aluminum, vinyl and/or metal sidings or trims will be allowed. Aluminum or metal gutters and downspouts are allowed. Aluminum clad windows are allowed. 3.7 Roofing. All roofing material requires approval of the Executive Board. Roofing material should be of a neutral color. Metal roofs are not permitted. 3.8 Colors. All exterior colors and color combinations shall be approved by the Executive Board. Repainting when existing color is changed shall require approval by The Executive Board. All paint colors should be submitted with color chip including paint color number and manufacturer. The field color of exterior materials should be generally subdued, neutral colors. Accent trim colors on doors, window frames, facias, soffits, and trims, used judiciously and with restraint, are permitted. Primary colors such as red, yellow, blue, green, purple, and pink ai e not permitted. 5 3.9 Animals. No animals, livestock(hoofed) or poultry of any kind shall be raised, bred or kept on any Lot, except that dogs, cats, and other household pets may be kept so long as they are not kept, bred or maintained for any commercial purpose. Animals must be confined to the owner's Lot or leashed at all times. Each residence will be limited to no more than four adult animals; i.e., dogs, cats, and other household pets. On public areas, animal waste must be immediately collected and disposed of by the animal owner. 3.10 Nuisance. No noxious or offensive activities shall be conducted on any Lot, nor shall anything be done on any Lot which may be or become an annoyance or nuisance in the neighborhood. 3.11 Storage of Boats, Campers, Tractors, Trailers. etc. No boat, camper, trailer, recreational vehicle or other vehicle or similar device (i.e. golf carts, lawn mowers, tractor blades, implement accessories, etc.) shall be stored or permitted to remain on any Lot for more than 3 consecutive days except within an enclosed garage. Upon at least seven(7) days prior written notice the Executive Board, visitors with campers, trailers and recreational vehicles may be permitted to park on a Lot over the three-day period. All commercial vehicles must be garaged at sunset. 3.12 Vehicles. No immobilized motor vehicle shall be allowed to remain on any Lot for a period longer than 3 days unless such vehicle is within an enclosed garage. In addition, no more than one immobilized motor vehicle shall be permitted on any Lot. For the purpose of this section, an"immobilized motor vehicle" shall be considered any motor vehicle not presently capable of movement under its own power. No motor vehicle which could not be driven legally on the public roads in the State of Colorado shall be allowed to stand on any Lot for any period of time except within an enclosed garage. 3.13 Signs. No signs of any kind shall be displayed on any Lot except one sign of not more than two square feet showing the name and address of the owner, one sign of not more that six square feet advertising the property for sale or rent, or signs used by a builder to advertise the property during construction. Other signs may be permitted with the Executive Board approval, i.e. beware of dog, no soliciting, etc. Exception is made for signs used by declarant or it's agents in conjunction with the sale of the property known as The Estates at Hill Lake. 3.14 Construction Time Period. Work must be commenced within 6 months of the Executive Board's date of approval of the construction documents. If not, approval will be considered void and a new 6 submittal will be required. All building construction and Lot grading work must be completed within one year of work commencement. 3.15 Storage of Materials. No Lot shall be used for the open storage of construction materials or any other material except during the construction of improvements. MI initial building construction and lot grading work must be completed within one year of work commencement. No long term, open storage of material will be permitted on any Lot. 3.16 Disposal of Trash and Garbage. MI trash, garbage and other refuse shall be kept in closed containers. All containers must be concealed from public view. Containers may be exposed for no more than 24 hours in any seven day period. Trash will be disposed of at the homeowner's expense. 3.17 Landscaping. Within twelve months of receiving of certificate of occupancy, an Owner shall promptly submit to The Executive Committee for approval, a landscape plan to plant and maintain appropriate ground cover on such Lot commensurate with the surrounding areas. Such plantings must include a minimum of two deciduous trees with a caliper of no less that 2", and a minimum of two conifer trees with a height of no less than 6 feet. No poplar trees shall be permitted. Ground shall not be permitted to remain bare on any Lot except for areas being used for seasonal gardening. Weeds must be controlled by each owner. 3.18 Fences. Fencing requires specific approval from The Executive Board prior to construction. MI fences must not exceed 48 inches in height. They must be of an open style such as rails and posts, no solid fencing will be permitted. For animal containment, a welded wire mesh may be added to the inside of the open styled fencing. Natural materials such as wood, stone, bricks, wrought iron, or any combination of such materials may be used. No plastic or vinyl fencing material shall be permitted. No metal chicken wire, barbed wire, chain links, or strand wire fencing shall be permitted. MI gates shall be constructed of material similar to the material approved for fences. Plantings can be used in lieu of fences (i.e. dense coniferous, bushes and hedge plantings may be used to gain a screening effect). Care should be taken however,to respect and preserve view from adjacent Lots. 3.19 Exterior Mechanical Equipment. Ml exterior mechanical equipment such as air conditioners, evaporative coolers, heating equipment, solar panels, radio or television antennas, shall be either incorporated into the overall form of We dwelling or be enclosed by a structure matching the exterior house material. Under no 7 circumstances shall these items be roof-mounted or located in such a way that they are unsightly from neighboring properties or public streets. Satellite dishes shall be allowed, if discreetly placed. 3.20 Miscellaneous Improvements. No clotheslines, drying yards, service yards, wood piles or storage areas shall be located on any Lot as to be visible from a street or from the ground level of any other Lot. 3.21 Hot Tubs& Spas. Requires Executive Board approval. Must be ground mounted and an integral part of the deck or patio area. Must be in the rear yard. 3.22 Exterior Lighting. Any exterior lighting installed or maintained on any Lot shall either be indirect or of such controlled focus and intensity so as not to disturb the residents of adjacent or nearby property. 3.23 Re-platting Lots. No Lot lines can be moved, reconfigured, or re- platted in any way without the written permission of the Executive Board. 3.24 Absorption Field Protection. Each individual Lot contains absorption field envelopes for the septic systems, on which no permanent structures, landscaping or other items are permitted, as per recorded plat. 3.25 Parking. No vehicles shall be parked on any streets or common use areas overnight. 3.26 Common Area . The Common area or open space as specified in the final plat is available for recreational use by all Members of The Homeowners Association and their guests. The use of motorized vehicles on or in the common areas shall be prohibited. This includes snowmobiles, golf carts, motorcycles, minibikes, go carts, mopeds, delivery trucks, or all-terrain-vehicles. The only exclusion is lawn cutting, snow removal or maintenance equipment. 3.27 Holiday Decorations. All seasonal decorations must be removed within thirty(30) days following that particular holiday or celebration. 3.28 Variances. My variances to any of the provisions of this Declaration of Covenants must be approved in writing by the Executive Board. My denial of a variance may be overturned with the approval of Members entitled to cast of at least two thirds (2/3) of the total number of votes entitled to be cast by Members. 3.29 Additional Requirements& Standards. These requirements and guidelines may be amended or supplemented as deemed necessary by 8 The Executive Board or by a 2/3 vote of The Homeowners Association. 3.30 Enforcement. These covenants, conditions and restrictions may be enforced by the owner or owners of any Lot in The Estates at Hill Lake, or by The Executive Board,or by The Estates at Hill Lake Homeowners Association. Failure to conform to these guidelines or obtain necessary approval from The Executive Board will constitute a violation of the Declaration and shall require modification or removal at the expense of the property owner. 3.31 Liens. The Executive Board may place a lien on any property as a result of delinquent payment of dues or assessments, including expenses and attorney fees associated with collection. 3.32 Duration. This Declaration shall remain in full force and effect, shall be binding on all persons having any interest in any lot in the subdivision for a period of thirty(30)years from the date this Declaration is recorded and thereafter shall be automatically extended for successive periods of twenty(20)years unless an instrument signed by a 2/3 majority of the property owners has been recorded agreeing to change or terminate the Declaration in whole or in part. ADOPTED THIS 30th DAY OF SEPTEMBER, 2003 SHULTZ FARM INC. p Byy e' JA Ste E. Shultz, President STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this s day of September, 2003, by Steven E. Shultz, as president of Shultz Farm Inc., and Colorado Corporation. „ 4 Witness my hand and official seal. My commission expires: wt art SU- Ile tAC . ) �Q��n�cP 1 0 © 6 ' S/F ILLUMINATED MONUMENT DISPLAY FABRICATE AND INSTALL (1) REQUIRED 7 0 CUSTOM FAB ALUMINUM CABINET PAINTED BEIGE, _ i EXACT COLOR TBD. �n . swlr " 6 0 ALUMINUM FRAME BASE, WITH BACKER BOARDV thc. ti AND STONEWORK APPLIED TO ALUMINUM FRAME. S x5 t.5� '3L °' ' ol ° in © NATURAL STONE CAPS BY OTHERS. i i 4 / , - -�= ` �-- CD ALL COPY TO BE a/: CLEAR ACRYLIC PUSH THRUS � � ° OVERLAID WITH WHITE FILM, THEN WITH 1/8" '"" • — ALUMINUM WITH LIQUID METAL COATING. EXACT s t - _ tt I AT It t f e- - s i 5-a ,.-.. PATINA TBD. 0 ROUTED AND BACKED WITH WHITE ACRYLIC OVERLAID WITH FILM, COLOR TBD. AREAS BEHIND PUSH THRUS TO BE REVERSED OUT. cs _ _ ._ ice_ -- I 02 1/2"ALUMINUM REVEAL AND ARC WITH LIQUID _ na�s.rw 'i 1190. ,., METAL PATINA TO MATCH COPY. 3 T12 CW/HO 800MA FLUORESCENT LAMPS. I 555 Lialli 1 Ll ill:lailjrll'i SET PIPE IN FOOTING CENTER POLE MOUNT DISPLAY. SCALE: 1/2" = 1'-0" - OPTION: NATURAL STONE BASE BY OTHERS WITH NATURAL STONE CAPS. 0 a O CABINET TO ANCHOR BOLT TO BASE. AT -A [I L IL L ° GXE Gardner Signs,Inc.will endeavor to closely match colors,Including PMS,where specified. We cannot guarantee matches due to varying compatibility of surface materials and paints used. ALL ILLUMINATED DISPLAYS BUILT 120 VOLT UNLESS OTHERWISE SPECIFIED. Gardner Signs,Inc. Fort Collins 1970)225-1000 CLIENT:ESTATES AT HILL LAKE SCALE: NOTED REV.#1(4/2/03)REDO CONCEPT. DESIGN NO: Garner 8101 Southwest Frontage Rd. ( ) F-02-555R1 Denver metro 303 292-9022 LOCATION: WCR 13,JOHNSTOWN DESIGNER: TRACIE N Fort Collins,CO 80525 SJ�//C 4215 Globevlile Road Longmont(303)7764174 DATE: 4/4/002 CLIENT /S /V Denver,CO 80216 Greeley(970)353.6039 AUTHORIZATION: v Cheyenne WY(307)634-3519 SALESPERSON: ALISON DICKSON These plans are the exclusive property of Gardner Signs,Inc and are the result of the original work of Gardners employees. They are submitted to you for the sole purpose of your consideration of whether to purchase these plans or to purchase from Gardner Signs,Inc.,a sign manufactured according to these plans. Distribution or exhibition of these plans to anyone other than employees of your company,or use of these piansto construct a sign similar to the one embodied,or use any graphics is expressly forbidden. In the event that such exhibltioning occurs,without the prior written consent of Gardner Signs,Inc., Gardner Signs,Inc.expectsto be reimbursed up to$5,000 per sheet as compensation for time and effort entailed in creating these plans. -`i% Gardner Signs, Inc 2001 16'-0„+ 21-8" 2-8" 2'-5"+ 2,-5„ 8.-2"TA" 1'-6„ 2'" a 6" 1F t. ,1. J ,4 �yTi� a. 7-0„ 3'-11" ��I�� _ 1 6'-61/2„+ - 3 , ,r _ i ._ -. AT HI L . L ' , , 21/2" - I i kr 1_ _, , -*:,' "'y ' ' _ _ I .. t2- a. ..4-.4,......,04v..-:-, ... • -^Ya«*i 5a -....- --. 3„r -__. - - - _ --_- -- --- 1 3" 3'-9"± ,r; 6'-0• 32 SQ FT 6-0' 5'-0"± t t4•PIPE I 4'PIPE ' 2'-0• - 2'-0' CROSS SECTION VIEW I 555 1.11JIIIuIskTII Yjawing SCALE: 1/2"= 1'-0" Gardner Signs,Inc.will endeavor to closely match colors,including PMS,where specified. We cannot guarantee matches due to varying compatibility of surface materials and paints used. ALL ILLUMINATED DISPLAYS BUILT 120 VOLT UNLESS OTHERWISE SPECIFIED. , Gardner Signs,Inc. Fort Collins(970)225.1000 CLIENT.ESTATES AT HILL LAKE SCALE: NOTED REV.#1(9/24/03)reduce to 32sq ft. DESIGN NO:Gairiner 8101 Southwest Frontage Rd. Denver metro(303)292-9022 LOCATION: WCR 13,JOHNSTOWN DESIGNER: TRACIE F-02-555r1 )/7e Fort Collins,CO 80.525 DETAIL Sl�I1S 4215 Globevllle Road Longmont(303)7764174 DATE: 4/4/002 CLIENT V Denver,CO 80216 Greeley(970)353-6039 AUTHORIZATION: Cheyenne WY(307)634-3519 SALESPERSON: AUSON DICKSON These plans are the exclusive property of Gardner Signs,Inc.and are the result of the original work of Gardners employees. They are submitted to you for the sole purpose of your consideration of whether to purchase these plans or to purchase from Gardner Signs,Inc.,a sign manufactured according to these plans. Distribution or exhibition of these plans to anyone other than employees of your company,or use of these planeto construct a sign similar to the one embodied,or use any graphics is expressly forbidden. In the event that such exhibltloning occurs,without the prior written consent of Gardner Signs,Inc., Gardner Signs,Inc.expects to be reimbursed unto$5,000 per sheet as compensation for time and effort entailed In creating these plans. © Gardner Signs, Inc 2001 reiimiael - 2-8" 2'-5"+ I I 5'-0" 2,-6. t\ Al Y-.- a.. 1 ^ -- f it li , 7'-0"+ — 5-0 2'-6" f i�` -,.. 1 ih ‘i' "I' . fp ,,—...r..L .z+a iiii. , ,,,1 l..“.,-4r...la/,Ip, d 6'-0" FABRICATE AND INSTALL f ., ( 20 ) REQUIRED a•PIPE 0 ALUMINUM/RAME BASE,WITH BACKER BOARD AND STONE APPLIED TO ALUMINUM FRAME. r-o• H 555B STONE FENCE PILLAR ©6" NATURAL STONE CAP BY OTHERS. SCALE: 1/2"= 11-0" 0 WROUGHT IRON FENCE BY OTHERS. Gardner Signs,Inc.will endeavor to closely match colors,including PAPS,where specified. We cannot guarantee matches due to varying compatibility of surface materials and paints used. ALL ILLUMINATED DISPLAYS BUILT 120 VOLT UNLESS OTHERWISE SPECIFIED. Gardner Signs,Ins. Fort Collins(970)225.1000 CLIENT.ESTATES AT HILL LAKE SCALE: NOTED REV. DESIGN NO: Gaither 8101 southwest Frontage Rd. ( ) F-02-555B Fort Collins,CO 90525 Denver metro 303 292-9022 LOCATION: WCR 13,JOHNSTOWN DESIGNER: TRACIE Swin 4215 Globevllle Road I ongmom(303) 6 DATE: 4/2/03 CLIENT Denver,CO 80216 Greeley(970)353-6039 AUTHORIZATION: Cheyenne WY(307)634-3519 SALESPERSON: ALISON DICKSON These plans are the exclusive property of Gardner Signs,Inc.and are the result of the original work of Gardners employees. They are submitted to you for the sole purpose of your consideration of whether to purchase these plans or to purchase from Gardner Signs,Inc.,a sign manufactured according to these plans. Distribution or exhibition of these plans to anyone other than employees of your company,or use of these planate construct a sign similar tothe one embodied,or use any graphics Is expressly forbidden. In theeventthat suchexhlbltloning occurs,without the prior written consent of Gardner Signs,Inc., Gardner Signs,Inc.expectsto be reimbursed upto 55,000 per sheet as compensation for time and effort entailed In creating these plans. Gardner Signs, Inc 2001 Hello