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Home My WebLink About20031320.tiff *1-4H,(*PtH PUD FINAL PLAT WLIDe. ADMINISTRATIVE REVIEW COLORADO CASE NUMBER: PF-553 PLANNER: S Lockman APPLICANT: Dennis Neal ADDRESS: 4770 Baseline Road Boulder, CO 80303 REQUEST: Mill Creek PUD Planned Unit Development Final Plan for nine (9)residential lots, one (1) agricultural lot with a conservation easement and 2.68 acres of Common Open Space LEGAL DESCRIPTION: Lot B RE-2835 being part of the SW4 Section 29, T4N, R 68 West of the 6th P.M., Weld County, Colorado. LOCATION: South of and adjacent to Weld County Road 40.5 and east of and adjacent to Weld County Road 3 ACRES: 152.815+1- PARCEL#: 1061 29 000027 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 22-2-60.A.1,A.Goal 1 --"Preserve prime farmland for agricultural purposes which foster the economic health and continuance of agriculture."Aconservation easement has been placed upon the agricultural lot which is 65%of the site.The conservation easement limits use of the property to those uses which are consistent with conservation values. Only limited agricultural improvements are allowed such as unenclosed loafing sheds, corrals, hay racks or stock tanks. 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 nonurban area as defined in Chapter 22 of the Weld County Code, not adjacent to other PUDs, subdivisions, municipal boundaries or urban growth corridors." This proposal includes public water and consists of nine (9) PUD Estate zoned residential lots. 3) 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 proposed open space meets the requirements of PUD.Policy 4.2. 4) Section 22-3-50.8.1, 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 and fire PL /(('/G PF-553 Mill Creek PUD 1 2003-1320 protection requirements. Individual sewage disposal systems (I.S.D.S.)will handle the effluent flow. 5) The proposed site is not influenced by any intergovernmental agreements or the Mixed Use Development area. 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. 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 site is within the three mile referral area of the Towns of Berthoud and Mead. The Town of Mead indicated no conflict with the proposal. In a referral response dated March 22,2002 the Town of Berthoud requested that a consistent perimeter treatment be provided for Lots 1-3 and Lot 9 that border Weld County Road 401/2. A Condition of Approval was included at the Change of Zone phase to ensure that the applicant attempted to meet the towns concerns. 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. A line extension agreement with Little Thompson Water District has been approved by the Weld County Attorneys Office. The State Engineers office has indicated the proposed water supply can be provided without causing material injury to existing water rights and the supply is expected to be adequate. Sewage disposal will be served by Individual Sewage Disposal Systems (I.S.D.S.). 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 reviewed this request and indicated no improvements will be required of the associated Weld County roads. F. Section 27-7-40.C.6—In the event the street or highway facilties 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 Policy Regarding Collateral for Improvements (Private Road Maintenance). A finalized Improvements Agreement will be required prior to recording the 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. The Colorado Geological Survey indicated in a referral response dated October 20,2000, that no geologic hazards exist that would preclude the development as intended. 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 PF-553 Mill Creek PUD 2 proposed PUD Final Plan uses are compatible with the criteria listed in the developmental guide. The Department of Planning Services'approval is conditional upon the following: 1. Prior to Recording the PUD Final Plat: A. The applicant shall submit evidence that20 shares of Boulder and Larimer County Irrigating and Manufacturing Ditch Co. fora non-potable irrigation system on the nine estate lots and open '/";`l space has been transferred to the Homeowners Association.(Department of Planning Services) B. The proposed bus / mail stop must be located out of the intersection sight distance triangle. The applicant must clearly specify the location of the mail box(es)and bus stop, since they are • not shown on the final plat. (Department of Public Works) 1/.11 C. The Weld County Department of Public Works has indicated issues regarding the drainage in their referral dated December 30, 2002. The applicant shall submit evidence to Planning Services indicating all issues have been resolved to the satisfaction of Public Works. (Department of Public Works) D. The applicant shall provide a pavement design prepared bya professional engineer to the Weld County Department of Public Works. Evidence of Public Works approval shall be submitted to the Department of Planning Services. (Department of Public Works) E. The applicant shall enter into an Improvements Agreement According to Policy Regarding .C Collateral for Improvements (Private Road Maintenance). This agreement shall be approved c by the Board of County Commissioners.(Departments of Public Works and Planning Services) uys °z F. The Restrictive Covenants for Mill Creek PUD shall be approved by the Weld County Attorney's Office and be ready for recording in the Office of the Clerk and Recorder. (Department of-- Planning Services) fir$ G. The applicant shall contact the U.S. Fish and Wildlife Service regarding the Preble's Meadow . Jumping Mouse and Western Burrowing Owls. Any documentation required by the U.S. Fish and Wildlife Service shall be submitted for their evaluation. Evidence shall be submitted the ''f' Planning Services that U.S.Fish and Wildlife Service recommendations and requirements shall have been included in the PUD plan. (Department of Planning Services) H. Section 27-6-90.E.1.of the Weld County Code states"The owner, or applicant as agent for the owner, shall prepare a set of sign standards for all signs in the development. Such standards shall be included as part of any site plan and included in the covenants approved for the PUD. The size, colors, materials, styles or lettering, appearance of any logo,type of illumination and location shall be set out in such standards."The applicant shall submit sign standards to the Weld County Department of Planning Services for review and approval.The standards shall be placed on the plat. I. 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) PF-553 Mill Creek PUD 3 J. The Plat shall be amended to include the following: // 1) All plats shall be labeled PF-553 (Department of Planning Services) ok 2) The final plat shows a 30-foot reserve for future right-of-way along the south boundary of Lot 10. A final plat notes states that this right-of-way is dedicated. The applicant must A- be consistent with right-of-way terms. The Public Works Department would appreciate o a dedication of this 30-foot right-of-way and so note it on the final plat. (Department of Public Works) 3) A note on the final plat states,"Proposed 60'Road ROW". The applicant shall amend this c'/C- note, by removing the word "Proposed". (Department of Public Works) 4) The 'retainage pond' should be properly renamed a detention pond. (Department of Public Works) 5) The Landscape Plan shows trees within the sight distance triangles. The trees must be removed. The Landscape Plan must note that all landscaping within the intersection sight distance triangles must be less than 31/2 feet in height at maturity. (Department of Public Works) 6) All required notes and easements as outlined in the January 23, 2003 minutes of the d L Weld County Utility Advisory Committee. (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 with Estate Zone District �� uses as set forth in Section 23-3-410 of the Weld County Code, one agricultural lot with a conservation easement and 2.68 acres of Common Open Space as indicated in the application materials on file in the Department of Planning Services.The PUD is subject and governed by the Conditions of Approval and Development Standards stated hereon and all applicable Weld County Regulations. (Department of Planning Services) B. Residential building permits will not be issued on Lot 10. (Department of Planning Services) C. Water service shall be obtained from the Little Thompson Water District.(Department of Public Health and Environment) D. A Weld County Septic Permit is required for each proposed septic system and shall be installed according to the Weld County Individual Sewage Disposal System Regulations. Each septic system shall be designed for site-specific conditions, including but not limited to maximum seasonal high groundwater,poor soils,and shallow bedrock.(Department of Public Health and Environment) E. 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, if required. 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 PF-553 Mill Creek PUD 4 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 that are technologicallyfeasible and economically reasonable in order to minimize dust emissions. (Department of Public Health and Environment) H. 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) I. Weld County's Right to Farm note as delineated in Appendix 22-E of the Weld County Code. (Departments of Planning Services and Public Health and Environment) J. Weld County's Right to Farm as delineated on this plat shall be recognized at all times. (Department of Planning Services) K. The emergency point of ingress/egress from Weld County Road 3 into the development shall be gated with a Knox Box locking mechanism or equivalent.(Department of Planning Services) L. All signs including entrance signs shall require building permits. Signs shall adhere to Section 23-4-80 and Section 27-6-90 of the Weld County Code. These requirements shall apply to all temporary and permanent signs. (Department of Planning Services) M. Proper building permits shall be obtained prior to any construction, remodeling, demolition or excavation. (Department of Planning Services) N. The Weld County Sheriffs Office has significant limitations regarding traffic enforcement on private roads in the event of speeding or other use which may not conform to traffic laws on public roads. (Sheriff's Office) O. All landscaping within the intersection sight distance triangles shall be less that 3 1/2 feet in height at maturity. (Department of Public Works) P. Installation of utilities shall comply with Section 24-9-10 of the Weld County Code. (Department of Planning Services) Q. Effective January 1, 2003, Building Permits issued on the lots will be required to adhere to the fee structure of the Weld County Road Impact Program, area 3. (Chapter 20, Article I of the Weld County Code) R. The site shall be developed in accordance to the recommendations made by the Colorado Geological Survey, referral dated October 8, 2000, and the Preliminary Geologic Engineering Report prepared by Terracon, dated August 24, 2000. (Department of Planning Services) S. Outdoor storage shall be screened from public rights-of-way and adjacent properties. (Department of Planning Services) T. The site shall maintain compliance with the Berthoud Fire Protection District at all times. (Department of Planning Services) U. The property owner shall be responsible for complying with all regulations and requirements of PF-553 Mill Creek PUD 5 Section 27 of the Weld County Code including the Performance Standards listed in Article II and Article VIII. (Department. of Planning Services) V. 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) W. 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) 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.B 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. AA. 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) 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. Prior to the release of any building permits: A. A stop sign and street name sign shall be placed at the intersection. (Department of Public Works) PF-553 Mill Creek PUD 6 5. Prior to construction: A. The applicant will be required to obtain a County right-of-way use permit from the Utility Agent to cross CR 40 %, prior to recording the final plat. (Department of Public Works) B. The applicant shall contact the Colorado Division of Wildlife prior to removal of prairie dogs. (Department of Planning Services) 6. 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 the PUD Final Plan; // �// ✓/ BY/ /// Date January 29, 2003 Sheri Lockman ❖ Planner II PF-553 Mill Creek PUD 7 DEPARTMENT OF PLANNING SERVICES 1555 N. 17thAvenue Gre eley, COC 80631 Phone: (970) 353-6100, Ext. 3540 Fax: (970) 304-6498 C. COLORADO November 26, 2002 Dennis Neal c/o Todd Hodges 2412 Denby Court Fort Collins, CO 80526 Subject PF-553 - Request for a PUD Final Plan (Mill Creek PUD) on a parcel of land described as Lot B of RE-2835; being part of the SW4 of Section 29, T4N, R68W of the 6th P.M., Weld County, Colorado. Dear Applicants: Your application and related materials for the request described are being processed at the present time. Our department will be processing the Sketch Plan in accordance with Chapter 27, Article III of the Weld County Code. You will be notified by this office at the end of the review period regarding the Sketch Plan. 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 and Mead Planning Commission for their review and comments. Please call Berthoud at (970) 532-3754 and Mead at(970) 535-4477, for information regarding the date, time and place of the meeting and the review process. If you have any questions concerning this matter, please feel free to call or visit. Sincerely, ly, Sheri Lockman Planner Todd Hodges Design, LLC Mill Creek PUD PUD Final Plan Application (Specific Guide) Prepared for: Dennis Neal 4770 Baseline Road, Suite 200 Boulder, Colorado 80303 Prepared by: Todd Hodges Design, LLC 2412 Denby Court Fort Collins, CO 80526 Submitted: November 22, 2002 2412 Denby Court • Fort Collins, Colorado 80526 • (970) 207-0272 • fax: (561)828-8059 email: toddhodgesdesign(a)earthlinA.net a Todd Hodges Design, LLC Mill Creek PUD PUD Final Plan — Specific Guide Table of Contents 1. Final Plat Application Sheet 2. Authorization Letter 3. Final Plan Application Requirements 4. Specific Development Guide 5. Reduced Landscape Plan 6. Reduced Final Plat 7. Referral Correspondence 8. Warranty Deed 9. Certificate of Title 10. Weld County Treasurer Tax Statement 11. Improvements Agreement for On-site improvements 12. Agreement for improvements to WCR 40.5 13. Covenants 14. Final Stamped Drainage Study 15. Drawing Set (Attached) a. Cover sheet b. Final Plat c. Vicinity Map d. Final Landscape Plan e. Change of Zone Plat f. Utility Plan g. Road Plan & Profile h. Topography &Drainage Plan i. Drainage Design Detail j. Non-Potable Water Design 2412 Denby Court • Fort Collins, Colorado 80526 • (970) 207-0272 • fax: (561)828-8059 email: toddhodgesdesign(itearthlink.rtes PLANNED UNIT DEVELOPMENT 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-941, located in the SW4 29-04-68 west of the 6th P.M., Weld County Colorado. (If additional space is required, attach an additional sheet of this same size.) PARCEL NUMBER: 1061 29 000027 (12 digit number found on Tax I.D. or obtained in Assessor's Office.) NAME OF PROPOSED PUD SUBDIVISION Mill Creek PUD EXISTING ZONING PUD Estate/Agricultural CHANGE OF ZONE CASE NUMBER_CZ553 TOTAL AREA(ACRES) 152.815 TOTAL AREA(acres)OF COMMON OPEN SPACE 2.68 ACRES NO. OF PROPOSED LOTS 10 LOT SIZE: AVERAGE 5 acres MINIMUM 5 acres UTILITIES: WATER: NAME Little Thompson Water District SEWER: NAME Individual Sewage Disposal Systems GAS: NAME LP PHONE: NAME Qwest ELECTRIC: NAME Xcel Energy/Public Service Company DISTRICTS: SCHOOL: NAME R2-J, Thompson School District FIRE: NAME Berthoud Fire Protection District ENGINEERS NAME Alles&Associates, Inc. PHONE 284-9562 ADDRESS 428 N. 2n° Street, LaSalle, CO 80645 PHONE 284-9562 PROPERTY OWNERS OF AREA PROPOSED FOR PUD FINAL PLAN: NAME Dennis Neal PHONE (303)497-0591 ADDRESS 4770 Baseline Road, Boulder Colorado 80303 BUS. PHONE N/A APPLICANT: NAME: Dennis Neal PHONE (303)497-0591 ADDRESS 4770 Baseline Road, Boulder Colorado 80303 BUS. PHONE N/A AUTHORIZED AGENT(if different than above): NAME: Todd Hodges Design, LLC PHONE: (970)207-0272 ADDRESS: 2412 Denby Court, Fort Collins, CO 80526 FAX: (561)828-8059 MINERAL RIGHTS ON OR UNDER THE SUBJECT PROPERTIE : i`�Please refer to Change of Zone Application SignEture: Owner or Authorized Agent Dennis Neal 4770 Baseline Road, Suite 200 Boulder, Colorado 80303 To Whom It May Concern: Please be advised that I, Dennis Neal, hereby authorize Todd Hodges Design, LLC, to represent me in my endeavor to subdivide my land, Lot B, RE-941, located in the SW4 29-04-68 west of the 6th P,jvl., Weld County, Colorado. Dennis Neal date Mill Creek PUD PUD Final Plan — Application Requirements 1. The Final Plan application form is included in the submitted application materials. 2. The PUT)Change of Zone Plat is included in submitted application materials. 3. A copy of the Certificate of Title 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 from the project engineer are stamped and certified. 6. An On-Site Agreement and Agreement for Improvements to WCR 40.5 are 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 copy of a deed is included in the submittal packet. 12. Mill Creek Estates PUD is in complete 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 estate zoned lots and one large agricultural lot with a Conservation Easement placed upon it. The Conservation Easement was donated to Colorado Open Lands in December,2001. 13. A Final Plan plat is included in submitted application materials. 14. A Landscape Plan is included in submitted application materials. 15. A Utility Plan is included in the submitted application materials. 16. A Final Grading and Drainage Plan are included in submitted application materials. Specific Development Guide Mill Creek PUD Section 27-1-10 A.1. of the Weld County Code states "Encourage innovations in residential, commercial and industrial development so that the growing demands of the population may be met by greater variety in type, design and layout of buildings and by the conservation and more efficient use of open space in the development". This proposal addresses the growing demand for this type of residential opportunity, while at the same time achieving several goals of the Weld County Comprehensive plan including preservation of agricultural land and open space. The general concept of this proposal is to create a ten lot Planned Unit Development (PUD) that consists of nine PUD Estate zoned lots of five acres per lot and an agricultural lot of approximately 98.338 acres or 65% of the site. A conservation easement over the agricultural lot was donated to Colorado Open Lands in December, 2001. The conservation easement restricts the use of the 98.338 acre agricultural lot to agricultural and recreational activities. It is the intent of the applicant to create a subdivision that provides single family estate lots that are in harmony with the adjacent and surrounding land uses. The applicant has already preserved a large amount of land for recreation, continued agricultural uses and passive open space. The proposed land uses include single-family estate residential uses, passive and active open space and the ability for continued agricultural uses. Irrigation water is to be retained with the agricultural lot and the property owner will transfer to the homeowners 20 shares of Boulder and Larimer County Irrigating and Manufacturing Ditch Co. for a non-potable irrigation system on the nine estate lots and open space. The architectural style of the residential structures will be left to the discretion of the individual lot owners with standard limitations that will be specifically outlined in the covenants, at the Final Plan stage. The structures within the PUD will include single-family dwellings and accessory structures, which will adhere to the setback, offset and other applicable requirements of the Weld County Zoning Ordinance. This proposal is compatible with the surrounding land-uses, architectural style, character and zoning. The applicant wishes to establish a small, non-urban neighborhood consisting of residential and agricultural uses, which are consistent and compatible with the uses on surrounding properties. This application is utilizing the Specific Development Guide option as outlined in Section 27-6- 20 of the Weld County Code. The following information is intended to address the eight major components of the PUD Development as outlined in Section 27-6-30 of the aforementioned ordinance. Section 27-6-40 Component One-Environmental Impacts: Noise and Vibration Smoke,Dust and Odors Heat,Light and Glare Visual/Aesthetic Impacts Electrical Interference Water Pollution The proposed estate residential uses and preservation of substantial agricultural land and open space should not have any negative impacts to the above listed environmental concerns on this property or on adjacent properties. Rather, the preservation of 65% of the total site in its present condition through a gifted conservation easement will enhance the environment and surrounding properties. In a referral response dated October 10, 2000, the Weld County Department of Public Health and Environment indicated that the initial impact plan included in the Sketch Plan submittal "...appears to adequately address all potential impacts as required by section 4.2.5.14 of the PUD Ordinance." Additionally, appropriate measures to mitigate any potential construction impacts will be utilized during all phases of construction. Waste Water Disposal This proposal addresses wastewater disposal on the site through the use of individual sewage disposal (septic) systems. The Weld County Department of Public Health and Environment indicated in its referral response that "The application has satisfied PUD Ordinance No. 197 in regard to water and sewer service." Wetland Removal This proposal does not remove any existing wetlands. Through the gifted conservation easement the areas within the flood hazard overlay district have been preserved from residential construction. Erosion and Sedimentation Excavating,Filling and Grading Drilling,Ditching and Dredging The design of the proposed PUD requires minimal grading on the site. To the applicant's knowledge, there will not be any drilling or dredging on the property. Erosion will be kept to a minimum based on the existing grade of the site and the general layout of the estate lots and preservation of the agricultural lot. Additionally, effective erosion and sediment control measures will be utilized during all phases of construction. Air Pollution Solid Waste Wildlife Removal Natural Vegetation Removal This proposal does not have a negative impact to the above listed environmental issues. The preservation of the agricultural lot provided in this proposal will ensure that vegetative cover remains protected into the future for wildlife in the area. The wildlife that currently use the existing ponds located within the agricultural lot should not be affected by the clustering of the estate lots in the northwest corner of the property. An increase in the vegetation of the site will enhance the wildlife cover and encourage greater numbers and species to use this site. Radiation/Radioactive Material To the applicant's knowledge,there are no radioactive materials located on this site. Drinking Water Source The proposed potable water source for this development is water taps from the Little Thompson Water District. A current "Intent to Serve" letter and a Line Extension Agreement from Little Thompson Water District is included within the application submittal. Additionally, the Weld County Department of Public Health and Environment indicated in its Sketch Plan referral response that "The application has satisfied PUD Ordinance No. 197 in regard to water and sewer service." The design of the proposal also allows for the use of irrigation water that flows from an existing ditch along the proposed internal road for irrigation of landscaping on each individual lot, thus reducing the amount of potable water necessary to serve the proposal. The applicant is proposing to pipe the ditch and transfer water rights to the estate lot owners for the purpose of irrigating the estate lots and open space. Traffic Impacts A traffic study is included within the submitted application packet. Mitigation proposed for the impact of this development will be in the form of dust suppression through the spraying of approved dust suppression chemicals based on the direction of the Public Works Department. Section 27-6-50 Component Two—Service Provision Impacts: Schools The Thompson R2-J School District referral dated September 19, 2000, indicates that the District requires a payment of cash-in-lieu of land in order to offset the impact of development on the District. The applicants representatives have been in contact with the school district. It is proposed that such a cash-in-lieu fee may be paid at the time of application for individual building permits. A common bus stop, entrance signage and mail facility is proposed within the open space located at the entrance to the subdivision. The location of these facilities are shown on the Final Plan. Law Enforcement Fire Protection Ambulance This proposal should have a minimal impact to the above service providers. Letters from the Berthoud Fire Protection District and the Weld County Sheriffs Office are included in this submittal. Due to the reduction in access points per the Weld County Public Works Department, the applicant is proposing an emergency access to connect the end of the cul-de-sac with Weld County Road 40%2. The proposed design is based on review of the referral comments and a meeting with the Berthoud Fire Protection District. A fire hydrant exists near the proposed emergency access point on WCR 3 and a new potential location is shown on the landscape plan to meet the Fire Protection District requirements. The emergency access roadway is proposed to be gated in such a manner that meets the Fire Districts criteria. The emergency access roadway is proposed to be located within internal open space between the two end lots on the cul-de-sac. The review of this proposal by the public service providers will ensure that impacts are mitigated, if necessary. Transportation Traffic Impact Analysis The roadways within this proposal are designed to meet the criteria for a non-urban scale development. The road design is included in the engineering packet submitted with this document. Additionally, as previously stated above, due to the non-urban nature of this proposal there should be very little impact to traffic of the area. A traffic study was provided with the Change of Zone application for review by the Weld County Public Works Department. Storm Drainage The impact to existing storm drainage patterns should be minimal and is addressed in the enclosed drainage plan. Utility Provisions Water Provisions As previously stated, utilities are available for this proposal. The proposed potable water source for this development is water taps from the Little Thompson Water District. A"will-serve" letter and a line extension agreement from the Little Thompson Water District is included in the application materials. Additionally, the Weld County Department of Public Health and Environment indicated in its Change of Zone referral response that"The application has satisfied PUD Ordinance No. 197 in regard to water and sewer service." Finally, the property has sufficient irrigation water to maintain proposed entry landscaping and landscaping on individual lots and, therefore, should not require the use of potable water to maintain landscaping. The design of the proposal allows for the piping and re-alignment of the existing ditch to provide the irrigation water to the estate lots. Final design of the irrigation system has been submitted with the engineering packet. The covenants cover the transfer of 20 shares of the Boulder and Larimer County Irrigating and Manufacturing Co. to the homeowners association. On average yield basis, the water should be sufficient for standard irrigating needs of the lots and common open space. As stated prior, irrigation water is also staying with the agricultural lot that is covered by a gifted conservation easement. Sewage Disposal Provisions As previously stated, the individual estate lots will utilize individual sewage disposal (septic) systems for sewage disposal. All of the lot sizes exceed the requirements of the Weld County Health Department. A septic permit will be applied for with each individual residential building permit. Additionally, the Weld County Department of Public Health and Environment indicated in its referral response that "The application has satisfied PUD Ordinance No. 197 in regard to water and sewer service." Section 27-6-60 Component Three—Landscaping Elements: Landscape Plan Treatment,Buffering and/or Screening Included in the application materials is a landscape plan that delineates the proposed landscape elements within the proposal and addresses comments made at the change of zone. The proposed landscaping is intended to enhance the entrance to the property. The agricultural lot with an existing conservation easement does not require any landscape elements to be added. No screening is necessary on this site. Maintenance Schedule for Landscaping Elements On-site Improvements Agreement Evidence of Water Any dead or dying material will be replaced at the earliest planting time possible. The plant species chosen are drought tolerant and will do very well with minimal irrigation once established. The proposed plant materials will be irrigated as necessary from the proposed piped irrigation system. As stated above, the property has sufficient irrigation water to maintain the proposed landscaping and, therefore, will not be using potable water to maintain the landscaping in the open space. An on-site improvements agreement will be included in the Final Plan submittal and will include the landscape elements. Section 27-6-70 Component Four—Site Design: Unique Features The property has a drainage system, which includes a series of ponds in the southeast portion of the property. There are two existing ditches running through the property. The design of the subdivision works with the existing elements on the site. The agricultural lot has an existing access point that shall be retained for agricultural and maintenance purposes. Rezoning Consistent with Comprehensive Plan The Weld County Comprehensive Plan directs the County to provide a process to subdivide agriculturally zoned property. This application proposes a ten-lot non-urban scale subdivision, which includes nine building sites and an agricultural lot which has been placed under a gifted conservation easement. The proposal has minimal impact on the service providers of the area and is consistent with the existing surrounding land uses. This proposal allows for efficient and orderly development of the area and the protection of continued agricultural uses and passive open space for the existing and future citizens of Weld County. The Weld County Code sets forth criterion for review of applications for the division of land which is zoned agricultural, including soil classifications, agricultural productiveness of the site, feasibility for continued farm production on the site and utilization of existing housing. The subject parcel is primarily classified as "non-prime" and "other lands" on the Important Farmlands of Weld County map. This proposal is a classic "cluster" design that provides approximately 99 acres of preserved agricultural zoned land and open space or 65% of the total property, while utilizing only a corner of the property for nine estate lots. The Weld County Code also states, "Ensure that adequate public services and facilities are available to serve the Planned Unit Development, referral agency comments indicate that adequate infrastructure and services are present to serve the proposal. This proposal also complies with the direction of the Berthoud Land Use Plan by clustering the residential component of the proposal. The gifted conservation easement provides for the preservation of a large portion of the property to continue in agricultural uses and passive open space for the enjoyment of the surrounding area. It is the intent of the property owner to comply with the Weld County Code. Compatibility of uses allowed within the PUD Zone District This application proposes residential, agricultural and open space land uses that are listed as Uses Allowed by Right in Weld County's Agricultural zone district. Animal units and structures may be further restricted in the covenants which will be submitted as part of the Final Plan application. The Weld County Code addresses compatibility in a Planned Unit Development District, stating "The density, design, and location of land uses within and adjoining a Planned Unit Development District shall be designed to be compatible with other uses within and adjoining the PUD District. Compatibility of uses shall be determined by evaluating the general uses, building height, setback, offset, size, density, traffic, dust, noise, harmony, character, landscape, screening, health, safety, and welfare." This proposal meets and, in most cases, greatly exceeds the Weld County standards for all of these design elements. Compatibility will be further addressed by including Weld County's "Right to Farm" covenant on the plat and within the proposed covenants. Compatibility with Surrounding Land Uses The Weld County Code PUD Policy 4.1 states, "The design of a planned unit development should ensure compatibility and harmony with existing and planned uses on adjacent properties and within the planned unit development." The surrounding land uses include agricultural and residential uses similar to the uses proposed by this application. The proposed design for nine PUD Estate lots, the agricultural lot and common open space takes into consideration the existing uses of the surrounding properties, as well as, the site advantages and limitations. The architecture within this proposal will be compatible with structures of the surrounding area. As previously stated, this proposal does not take "prime" farmland out of production or limit the ability for continued agricultural production on this site or adjacent properties. Compatibility will be further protected by including Weld County's "Right to Farm" covenant on the plat. PUD.Policy 4.1 goes on to list several design elements for consideration such as density, street design, traffic impacts, open space and landscaping. This proposal meets and, in most cases, greatly exceeds the Weld County standards for these design elements. Overlay Districts This proposed estate lots are not located within any of the overlay districts, as identified by the maps officially adopted by Weld County. A portion of the property located in the agricultural lot is located within the flood hazard overlay district. This proposal does not propose any construction within the flood hazard overlay district. Section 27-6-80 Component Five—Common Open Space: This proposal exceeds the requirements for open space and will maintain compliance with the following sections. 15% Common Open Space Minimum This proposal provides for 98.338 acres in the agricultural lot, which equals 65% of the total project acreage, which has been preserved under a gifted conservation easement. Preserving such a large portion of the property greatly exceeds the requirement for open space. The open space owned and maintained by the homeowners association is delineated on the Final Plan and is 2.682 acres in size. Ownership of Common Open Space Construction of Open Space On-Site Improvements Agreement The entry, emergency access roadway and the open space buffer on the west side of the estate lots are proposed to be under common ownership by the homeowners of the estate lots. Ownership of the agricultural lot may be retained by the current property owner or transferred. Use of the agricultural lot is limited by the existing conservation easement. The property owner has the right to grant access to the estate homeowners on the agricultural lot for the purpose of recreation in a form that doesn't conflict with the agricultural uses. An on-site improvements agreement is included within the Final Plan submittal. Section 27-6-90 Component Six—Signage: This proposal shall comply with the sign standards, as set forth in the Weld County Code. Signage will be incorporated into the landscape and will be limited to street and subdivision signage. Section 27-6-100 Component Seven—M.U.D. Impact: This proposal is not located within the M.U.D. Boundary, as delineated in the Weld County M.U.D. Ordinance or the Comprehensive Plan. There is no M.U.D. impact. Section 27-6-120 Component Eight—Intergovernmental Agreement Impacts: This proposal is not located within any approved intergovernmental agreement boundaries. This proposal is located within the Town of Berthoud and the Town of Mead's referral boundary areas. After review of the referral comments from Berthoud and discussions with the past and present Town Planner, clustering of the nine estate lots has been proposed to meet Berthoud's direction. The applicant has placed the agricultural lot under a conservation easement for protection. The use of the clustering technique, conservation of potable water and creative land use tools such as the gifted conservation easement ensure that this proposal meets and exceeds the intent of the Weld County Code requirements for a PUD Change of Zone request for a non-urban scale development in Weld County. The applicant has already preserved a large portion of agricultural land and passive open space through donation of a conservation easement. This proposal not only allows for the most viable uses of the property but is compatible with the existing and proposed uses of the surrounding properties as well as the Town of Berthoud and the Town of Mead. Dennis Neal 4770 Baseline Road, Suite 200 Boulder, Colorado 80303 February 17,2003 Ms. Suzanne Turner-Kloster, Wildlife Manager Colorado Division of Wildlife 4207 West County Road 16E Loveland,CO 80537 RE: Mill Creek Estates PIJD Final Plan, Weld County Planning Case Number PF-553 Dear Ms.Turner-Kloster: Todd Hodges Design, LLC represents me on the aforementioned land use planning case. Ms. Anne Johnson of Todd Hodges Design, LLC discussed with you the issues of a referral response dated December 18, 2002 from you addressed to the Department of Planning Services. This letter shall address your concerns regarding the potential impact this development plays on existing and future wildlife on the site. Water conservation and the reduction of chemical applications is an added benefit of utilizing native species of plant material. The existing Conservation Easement is established in native and agricultural species and shall continue so. I will give consideration to the removal of the Russian Olive trees unless they prove to be good habitat and cover. The riparian areas of this site are within the Conservation Easement and will not be developed. The Conservation Easement is a perpetual easement held by Colorado Open Lands. Future impact to the potential Preble's Meadow Jumping Mouse habitat should be non-existent based on the protection granted by the Conservation Easement. The Division of Wildlife is concerned about the impact of on-site construction activities and Prairie Dogs. Any required Prairie Dog removal will take place prior to construction activities. Removal will be accomplished through prescribed methods. The site of current Prairie Dog activity is within the Conservation Easement and will not be developed. With this in mind, the Burrowing Owl habitat will not be impacted. Should Prairie Dog burrows be discovered during construction activities, caution will be used to not disturb potential Burrowing Owl habitat. If feasible, construction activities in a Prairie Dog colony, active or abandoned,will take place between November 1 and February 28. This letter shall be evidence of compliance with the Weld County Planning Services staff comments and Conditions of Approval unless we hear from you prior to February 26, 2003. We would be happy to meet with you and review the plat. If you have any comments or questions,please contact either Anne or Todd at 970-613-8556. Si Denn Neal Cc: T , odd Hodges Design,LLC r OFFICE OF THE SHERIFF R..t s - col.oa-----' Ed Jordan October 18, 2002 Todd Hodges Design Ms. Anne Best Johnson 2412 Denby Court Fort Collins, Colorado 80526 Dear Anne, The street names you submitted for Mill Creek Estates are fine and do not duplicate names already being utilized in the county. If you need further assistance, please don't hesitate to call. Sincerely, Kenneth E. Poncelow, M.S. Copy: Sheri Lockman Weld County Planning 1555 North 17th Avenue Greeley, Colorado 80631 Greeley Office, 910 10th Avenue, Greeley, CO 80631, (970)356-4015 or 1-800-436-9276, FAX (970) 353-8551 North Jail Com plea, 2110 O Street, Greeley, CO 80631., (970) 356-4015, FAX (970) 304-6460 Ft Lupton Sub-Station, 330 Park Avenue, Ft Lupton, CO 80621, (303) 857-4334, FAX (303) 857-3027 Todd Hodges Design, LLC October 16,2002 Weld County Sheriffs Office Mr.Ken Poncelow 910 10th Avenue Greeley, CO 80631 RE: Mill Creek Estates, located east of WCR 3 and south of WCR 40.5. Dear Mr. Poncelow: Please see the enclosed plat identifying the name of the street and lot layout for Mill Creek Estates. Weld County Planning has stipulated that we must submit this information to you for your review prior to submitting the Final Plat application. The addresses for the lots are as follows: Lot 1 — 1215 Mill Creek Road Lot 2— 1235 Mill Creek Road Lot 3 — 1255 Mill Creek Road Lot 4— 1210 Mill Creek Road Lot 5— 1230 Mill Creek Road Lot 6— 1250 Mill Creek Road Lot 7— 1270 Mill Creek Road Lot 8— 1290 Mill Creek Road Lot 9— 1310 Mill Creek Road I may be reached at(970)412-8640 with any questions. Your time is greatly appreciated. Sincerely, Anne Best Johnson,AIC Todd Hodges Design, LLC Copy: Sheri Lockman Weld County Planning 1555 North 17th Avenue Greeley CO 80631 2412 Denby Court • Fort Collins, Colorado 80526 • (970) 207-0272 • fax: (561)8.28-8059 email: tnldhodge.cdesign(aearthlink.net To:Sheri Lockman October 18,2002 Weld County Department of Planning Services 1555 North 17'"Avenue Greeley Colorado,80631 From: Lee Brian Scott Berthoud Fire Protection District Re: Mill Creek Estates I have received documentation on the preliminary plat for the Mill Creek Estate subdivision.The Berthoud Fire Protection District has no issues with the plat as presented as long as the emergency acmes road is of all weather construction,and able to sustain the weight of fire apparatus should the need arise.We would also approve the use of a Knox Box to control the emergency arcecs. However,the district now requires that the developer provide proof of fire flow from the hydrants in the subdivision before any building permits are issued. The Fire District can perform this test at the request of the Little Thompson Water District and upon payment of the appropriate fee for the test to the fire district. The fire district shall maintain records of this test.Once such tests have been performed,additional tests for additional permits would not be required unless the district or the applicant feels that a significant change in the flow has occurred. So long as the fire flow meets the departmental minimum of 1,000 GPM,the subdivision is approved by the fire district for homes up to 3,600 square feet Homes larger than that will require larger a fire flow as determined by table A-Ill-A-1 of the uniform fire code. In the event that there is insufficient fire flow available,alternative fire protection methods must be employed. This generally means that residential fire sprinklers will be required. Such systems must be reviewed,approved,and inspected by the district.The Berthoud Fire Protection District is also considering the implementation of an ongoing inspection program for residential sprinklers in the future. Construction requirements for the Berthoud Fire Protection District are currently drawn from the 1997 Uniform Fire Code.Fran time to time these source documents are updated or amended.In the event that there is a conflict between the requirements of this letter and updated requirements,the newer requirements in effect at the time of plan submittal shall apply. If you have any questions,please direct them to me at your earliest opportunity. Deputy Fire Marshal Berthoud Fire Protection District CC: Anne Best Johnson Todd Hodges Design,LW 2412 Denby Court Fort Collins CO,80631 Todd Hodges Design, LL C October 16,2002 Berthoud Fire Protection District Lee Brian Scott,Deputy Fire Marshall John Webber,Battalion Chief Box 570 275 Mountain Avenue Berthoud,CO 80513 RE: Mill Creek Estates, located east of WCR 3 and south of WCR 40.5. Dear Deputy Marshall Scott and Battalion Chief Webber: Please see the enclosed plat identifying the name of the street and lot layout for Mill Creek Estates. Weld County Planning has stipulated that we must submit this information to you for your review prior to submitting the Final Plat application. The addresses for the lots are as follows: Lot 1 - 1215 Mill Creek Road Lot 2— 1235 Mill Creek Road Lot 3— 1255 Mill Creek Road Lot 4— 1210 Mill Creek Road Lot 5— 1230 Mill Creek Road Lot 6— 1250 Mill Creek Road Lot 7— 1270 Mill Creek Road Lot 8— 1290 Mill Creek Road Lot 9— 1310 Mill Creek Road In addition, Weld County Planning Services is requiring written evidence of your approval of the following items: 1. The proposed ingress/egress from Weld County Road 3 into the Development is adequate for your needs. 2. The access will be gated with a Knox Box locking mechanism. I may be reached at(970)412-8640 with any questions. Your time is greatly appreciated. Sincerely, bnid3C--) Anne Best Johnson,AICP Todd Hodges Design,LLC Copy: Sheri Lockman Weld County Planning 1555 North 17th Avenue Greeley CO 80631 2412 Denby Court • Fort Collins, Colorado 80526 • (970) 207-0272 • fax: (561)828-8059 email: toddlrodgesdesigtriVearthlink.net " Todd Hodges eLs% , L October 16,2002 United States Postal Service Berthoud Post Office Post Master Anna Mary Weber 425 Third Street Berthoud,CO 80513 RE: Mill Creek Estates,located east of WCR 3 and south of WCR 40.5. Dear Post Master Weber: Thank you for taking time from your busy day to speak with me on August 20,2002. Please see the enclosed plat identifying the name of the street and lot layout for Mill Creek Estates. Weld County Planning has stipulated they require written evidence of your approval for the location and design specifications of the single,common post box for this subdivision. Please provide design specifications,cost,and vendor information to me for such common post box. In addition,please confirm the address range and street name is not a duplicate in your district. The addresses for the lots are as follows: Lot 1 - 1215 Mill Creek Road Lot 2— 1235 Mill Creek Road Lot 3 — 1255 Mill Creek Road Lot 4— 1210 Mill Creek Road Lot 5— 1230 Mill Creek Road Lot 6— 1250 Mill Creek Road Lot 7— 1270 Mill Creek Road Lot 8— 1290 Mill Creek Road Lot 9— 1310 Mill Creek Road Please address all correspondence to me and I will forward to Planning Services. Your time is greatly appreciated. Sincerely, Anne Best Johnson, CP Todd Hodges Design, Copy: Sheri Lockman Weld County Planning 1555 North 17th Avenue Greeley CO 80631 2412 Denhi' Court • Fort Collins, Colorado 80526 • (970) 207-0272 • fax: (161)h828-8059 email: toddliodHesdesign(a:eartklink.net Todd Hodges Design, LL IC October 16, 2002 Weld County Ambulance Services Department Dave Bressler,Operations Manager 1121 M Street Greeley,Colorado 80631 RE: Mill Creek Estates,located east of WCR 3 and south of WCR 40.5. Dear Mr. Bressler. Please see the enclosed plat identifying the name of the street and lot layout for Mill Creek Estates. Weld County Planning has stipulated that we must submit this information to you for your review prior to submitting the Final Plat application. The addresses for the lots are as follows: Lot 1 — 1215 Mill Creek Road Lot 2— 1235 Mill Creek Road Lot 3 — 1255 Mill Creek Road Lot 4— 1210 Mill Creek Road Lot 5— 1230 Mill Creek Road Lot 6— 1250 Mill Creek Road Lot 7— 1270 Mill Creek Road Lot 8— 1290 Mill Creek Road Lot 9— 1310 Mill Creek Road I may be reached at(970)412-8640 with any questions. Your time is greatly appreciated. Sincerely, C(ACCe- Anne Best Johnson, AIC Todd Hodges Design,LLC Copy: Sheri Lockman Weld County Planning 1555 North 17th Avenue Greeley CO 80631 2412 Denby Court • Fort Collins, Colorado 80526 • (970) 207-0272 • .lax: (56I)828-8059 email: tnddhndgesdesign(ri earth/ink.net Todd Hodges Design, LLC September 8, 2002 Ms. Leanne M. Porzycki,Intergovernmental Planner Thompson School District 535 North Douglas Avenue Loveland, CO 80537 RE: Mill Creek Estates, located east of and adjacent to Weld County Road 5 and south and adjacent to Weld County Road 40.5 in unincorporated Weld County. Change of Zone Case Number CZ-553. Dear Ms. Porzycki: Thank you for taking time to meet with me last Wednesday, September 4. Please extend thanks to Nanci Crom as well. Your schedules are undoubtedly busy. The intent of this letter is to summarize our conversation, provide evidence to Weld County Planning of our meeting, and provide our client with needed information. At the Final Plat stage, you will be provided with an opportunity to respond to the referral request. You indicated the following items will most likely be requested in this referral response: 1. The bus delivery site will be located west of the entrance point on Weld County Road 40.5. 2. A light will be required at the bus delivery site. 3. The cash-in-lieu of land dedication is $688.00. This fee is due at the time a building permit is issued. We understand additional items may arise during the referral process. Thank you, once again for your flexibility in this matter. Sincerely, Anne Best Johnson, AICP Todd Hodges Design, LLC Copy: Ms. Sheri Lockman Weld County Planning 1555 North 17th Avenue Greeley,CO 80631 Dennis Neal 4770 Baseline Road, Suite 200 Boulder,Colorado 80303 Electronic Copy: Todd A. Hodges,Todd Hodges Design,LLC 2412 Denby Court • Fort Collins, Colorado 80526 • (970) 207-0272 • fax: (561)828-8059 email: taddhodgesdesign(ilearthlink.net Todd Hodges Design, LLC September 18, 2002 Ms. Leanne M. Porzycki, Intergovernmental Planner Thompson School District 535 North Douglas Avenue Loveland, CO 80537 RE: Mill Creek Estates, located east of and adjacent to Weld County Road 5 and south and adjacent to Weld County Road 40.5 in unincorporated Weld County. Change of Zone Case Number CZ-553. Dear Ms. Porzycki: Thank you for taking time to contact me regarding clarification in a letter dated September 8, 2002. You indicated the following items will most likely be requested in this referral response: 1. A street light will be required at the bus delivery site. 2. The cash-in-lieu of land dedication is currently $688.00. This fee is due at the time a building permit is issued and may increase over time. We understand additional items may arise during the referral process. Thank you, once again for your flexibility in this matter. Sincerely, Anne Best Johnson, AICP Todd Hodges Design, LLC Copy: Ms. Sheri Lockman Weld County Planning 1555 North 17''Avenue Greeley,CO 80631 Dennis Neal 4770 Baseline Road, Suite 200 Boulder,Colorado 80303 Electronic Copy: Todd A.Hodges,Todd Hodges Design, LLC 2412 Denby Court • Fort Collins, Colorado 80526 • (970) 207-0272 • fax: (561)828-8059 email: toddhodgesdesign(aearthlink.net Report Date:09/13/2002 0.1:38PM WELD COUNTY TREASURER Page: 1 STATEMENT OF TAXES DUE SCHEDULE NO: R0540201 ASSESSED TO: NEAL DENNIS W 4770 BASELINE RD#200 BOULDER,CO 80303 LEGAL DESCRIPTION: PT SW4 29-4-68 LOT B REC EXEMPT RE-283511.178) PARCEL: 106129000052 SITUS ADD: TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE 20C t TAX 60' 64 0.00 000 601 64 C 00 TOTAL TAXES 0.00 GRAND TOTAL DUE GOOD THROUGH 09/13/2002 0.00 ORIGINAL TAX BILLING FOR 2001 TAX DISTRICT 2385- Authority Mill Levy Amount Values Actual Assessed WELD COUNTY 20.559 138.99 AGRICULTURAL L. 23,280 6.750 SCHOOL DIST H .J 43.168 332.37 NCW WATER ' 000 6.76 TOTAL 23,280 6./6U LTW WATER 0.000 0.00 BERTHOUD FIRE 15.024 101.56 WELD LIBRARY 3.249 21.96 89.000 601.64-TAXES FOR 2001 • ALL TAX_I=_N SALE AMOUNTS APE SUBJECT TO CHANGE DIE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLOER OR TO ADVC'ITISING AND D,STIIAINT WARRANT FEES CHANGES MAY OCCUR AND THE TREASURERS CITICC W LL NEED TO 9_ CONTACTED PRIOR TO REMITTANCE AFTER-HE FOLLOWING DATES' PERSONAL PROPERTY ANO MOBILE HOMES-AUGUST 1, IILA- "IOPLRTY-A..GUST 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 Statements)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 parcels) identifie therein have been paid in full. Z Signed Dateg f10 1 111111111111III III 1111111 III 11111 111 11111 1111 1111 Due to today's scanning technology; 3050113 04/08/2003 10:54A Weld County, Co certain colored inks do not reproduce. 1 of 22 R 111.00 D 0.00 Steve Moreno Clerk& Recorder P 113 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS ARTICLE I-PREAMBLE Declarant is the owner of that certain real property situated in Weld County, Colorado, described on Exhibit A hereof("the Property"). The Property has been platted as Subdivision by a Plat ("the Plat") recorded simultaneously with this Declaration. Declarant desires to develop the Property for residential purposes. Declarant deems it desirable to subject the Property to the covenants, conditions, and restrictions set forth in this Declaration in order to preserve the values of the individual lots and to enhance the quality of life for all owners of such lots. Declarant therefore declares that all of the Property is and shall be held, transferred, sold, conveyed and occupied subject to the terms, restrictions, limitations, condition, covenants, obligations, liens, and easements which are set forth in this Declaration, all of which shall run with the Property and shall insure to the benefit of, and be binding upon, all parties having any right, title, or interest in the Property or any portion thereof, and such person's heirs, grantees, legal representatives, successors and assigns. ARTICLE II-DEFINITIONS General. The words and terms defined in this Article shall have the meanings herein set forth unless the context clearly indicates otherwise. "Association" shall mean and refer to Mill Creek Subdivision Homeowner's Association, a Colorado Non-Profit Corporation, established pursuant to Article VI of this Declaration. "Common Facilities" shall refer to the trails, the ditches, common open space, the entrance area(including a sign and landscaping), and the landscaping and fence and other commonly owned real property and improvements thereon as located and shown on the Plat. The Association shall maintain, repair, and replace the Common Facilities, after each such facility has been installed by the Developer. "Declarant" or "Developer" shall mean Dennis W. Neal, his successors and assigns. "Detached Single Family Dwelling" shall mean an independent structure designed and occupied as a residence for a single family. 1 pF#553 Pt/t,I b 1111111111111111111 III 1111111 III 1111111 11111111 111 1111 3050113 04108/2003 10:54A Weld County, CO 2 of 22 R 111.00 0 0.00 Steve Moreno Clerk& Recorder "Lot" shall mean a Lot as platted and designed on the plat of Mill Creek Subdivisions, Berthoud, Colorado, as the same may be amended from time to time; provided that, if any Lot has been divided so that a portion of the Lot is owned by a person in conjunction with all or a portion of an adjoining Lot,then the entire property so held under one ownership shall be the Lot for the purpose of this Declaration. "Subdivision" shall mean Mill Creek Subdivision, a Subdivision within Weld County, Colorado. Other Terms. Other terms may be defined in specific provisions contained in this Declaration and shall have the meaning assigned by each such definition. ARTICLE III-USE AND OTHER RESTRICTIONS III.1. Land Use and Building Types. No Lot shall be used except as the site of a detached single-family dwelling. Said dwelling shall include an attached private garage for at least two (2) cars. All improvements on each Lot shall meet the requirements of Article IV, "Architectural Standards" of this Declaration, including, but not limited to,the Guidelines and Rules referred to in Section 4.2 hereof. Modular and mobile homes are prohibited. All residences shall be built on site. III.2. Building Locations. No building, fence, barn, corral, paddock or other permanent structure shall be located on any Lot without first obtaining the written consent of the Architectural Review Board, approving the proposed location, design and construction. III.3. Easements. Easements for the installation and maintenance of utilities, trails, landscaping, and drainage facilities are reserved as shown on the Plat, or those that may be recorded at a later date. Within these easements, no structure, planting or other materials shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities, which may change the direction of flow of drainage channels in the easements which hinders or obstructs the use of the trails system, on which adversely affects landscaping installed by the Developer. If any landscaping or structure is installed which violates such requirements, the Association may give the property owner written notice to remove such landscaping or structure within no less than fifteen (15) days after such notice is given, and if the owner fails to move the landscaping or structure within that time, the Association may have such work done at the expense of the owner of the Lot. If the work is done by the Association at the owner's expense, the owner shall pay for such work within thirty (30) days after notice is given in writing to the owner as to the cost of such work. In the event of failure to pay within that time and if the Association thereafter incurs any attorney's fees and costs in 2 1111111111111111111 III 1111111 III 1111111 III 11111 1111 I I I I 3050113 04/08/2003 10:54A Weld County, CD 3 of 22 R 111.00 D 0.00 Steve Moreno Clerk& Recorder collecting such amount from the owner, all such attorney's fees and costs incurred shall likewise be a debt owing by the owner to the Association. The easement are of each Lot and all improvements on it shall be maintained continuously by the owner of the Lot, except for those improvements or landscaping for which the Association, a public authority or utility company is responsible. III.4. Maintenance of Vacant Lots. The owner of each Lot shall plant and maintain grass on it-periodically mow such grass and other vegetation; and remove any trash or other debris. If an owner fails to maintain a vacant Lot in accordance with such requirements, the Association shall have the right to plant and maintain grass on it, periodically mow such grass, and other vegetation; and remove any trash or other debris. The Association may establish an charge reasonable fees to the owners of such vacant lots, for such services. Such services shall not be common expenses but shall instead be deemed a service charge from the Association made solely to the owners of each of such vacant lots. The owner shall be liable for reasonable attorneys, fees and costs incurred by the Association in collecting such service charge. III.5. Maintenance of Landscaping. Within six(6) months after issuance of a Certificate of Occupancy for a residence on each Lot, the owner of such Lot shall plant at least ten (10) trees. Five (5) of such trees must have trunks that are at least one and one/half(1 '/2) inches in diameter, when planted, and at least five (5) of such trees shall be evergreens. Commencing as to each Lot when a certificate of occupancy has been issued for a residence on such Lot, the landscaping on each Lot shall be maintained by the owner, subject however, to the right of the Association to perform any maintenance deemed necessary or desirable to maintain the standards established for the Subdivision, and to assess such owner for such required maintenance. If any owner fails to maintain landscaping on such owner's Lot of accordance with such requirements, the Association may give the property owner written notice to perform necessary maintenance within no less than fifteen(15) days after such notice is given, and if the owner fails to perform such maintenance work within that time, the Association may have such work done at the expense of the owner of the Lot. If the work is done by the Association at the owner's expense, the owner shall pay for such work within thirty (30) days after notice is given in writing to the owner as to the cost of such work. If the owner fails to pay within said time and the Association thereafter incurs reasonable attorney's fees and costs in collecting such amount from the owner, all such attorney's fees and costs in collecting such amount from the owner, all such attomey's fees and costs incurred shall likewise be a debt owing by the owner to the Association. 3 1111111 f11111111111 III 11 11111 III 1111111 III//1111111 IIII 3050113 04108/20113 10:54A Weld County, CO 4 of 22 R 111.00 D 0.00 Steve Moreno Clerk& Recorder III.6. Maintenance of Exteriors of Residences and other Buildings. The exteriors of all residences, barns, sheds, and other buildings within the Subdivision shall be maintained in good, attractive condition by the owners thereof, and all residences shall be repainted or restrained periodically as needed. The Association may require an owner to paint or stain his or her residence and other buildings, and upon such stained and to assess such owner for the costs incurred thereby. If any owner fails to maintain the exterior of a building on such owner's Lot in accordance with the foregoing requirements, the Association may give the owner written notice to perform such work within no less than fifteen (15) days after such notice is given, and if the owner fails to perform such work within that time, the Association may have such work done at the expense of the owner. If the work is done by the Association at the owner's expense, the owner shall pay for such work within thirty (30) days after notice is given in writing to the owner as to the cost of such work. If the owner fails to pay within that time an if the Association thereafter incurs reasonable attorney's fees and costs in collecting such amount from the owner, all such attorney's fees and costs incurred shall likewise be a debt owing by the owner to the Association. III.7. Title to Common Facilities. The developer may retain title to all or part of the Common Facilities until such time as, in the opinion of the Developer, the Association is able to maintain the same. However, the Developer shall convey the Common Facilities to the Association not later than thirty (30) days after the date when the Developer is fee simple owner of less than 3 lots within the Subdivision, exclusive of the Common Facilities and dedicated streets and easements. III.8. Nuisances. No noxious or offensive activities shall be carried on upon any Lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. III.9. Temporary Structures. No structure of a temporary character, trailer, basement, tent, storage shed or shelter, garage, barn or other outbuilding shall be permitted on any Lot at any time, either temporarily or permanently, except by the Developer during th.e process of construction, or as approved by the Architectural Review Board. III.10. Animals. Except as set forth in this Section, no animals, including without limitation, livestock, cattle,birds, poultry or fowl of an kind shall be raised, bred or kept on any Lot, except that no more than four(4) horses, four (4) dogs and no more than four (4) cats and other indoor household pets not to exceed four in number may be kept if they are not kept, bred or maintained for any commercial purpose. Under no circumstances are snakes and reptiles permitted. The Association shall promulgate rules and regulations concerning animals. Pets may be walked on the Common Facilities only when attached by a leash to an owner's hand and when the owner carries a device for the immediate removal of its pet's feces. Any pet constituting a nuisance may be ordered by the Association to be kept within the enclosed portion of its owner's Lot. 4 111111 III ICIER III IIIII Ell Ilil 3050113 04/08/2003 10:54A Weld County, CO 5 of 22 R 111.00 0 0.00 Steve Moreno Clerk 8 Recorder III.11. Trails. Individuals may walk,jog, or run on the trails and may be accompanied by no more than two dogs per individual, so long as each dog is restrained by a leash attached to the owner's hand and the owner carries a device for the immediate removal of the pet's feces. Bicycles may be operated on the trails. No other vehicle of any kind, whether or not powered by an engine of any nature, shall be allowed on any trail at any time. This prohibition shall include, but shall not be limited to, motorcycles, automobiles, ATVs and the like. Such prohibition shall not apply to motorized vehicles used in the maintenance of the trails, ditches, and other Common Facilities. No Lot owner shall obstruct any such trail. Owners shall not allow overgrazing of any pasture area on any Lot. A pasture area shall not be deemed overgrazed if the vegetation on it averages two inches (2") in height. If a pasture is overgrazed, the Association may require the owner of such pasture to replant it and thereafter control the access to the pasture by such owner's horses to prevent overgrazing. If an owner fails or neglects to cure an overgrazing problem, the Association shall have the authority to terminate such owner's right to keep horses on the Lot. Each owner who keeps horses on a Lot shall maintain a holding pen or facility for the animal. 111.12. Aerials-Antennas. No television antenna, radio antenna, aerial or similar equipment of any design shall be mounted on the exterior of any building or erected on any other portion of any Lot. No activity shall be conducted on any Lot which interferes with television or radio reception on any other Lot. Satellite dishes may be installed and maintained if screened from the view of other owners and occupiers of lots. The location and screening method for each satellite dish must be approved in advance by the Architectural Review Board. 1II.13. Fencing. No fence shall be erected on any Lot within the Subdivision except as approved in advance by the Architectural Review Board. For perimeter fences, the fence shall be three (3) rails, 4 foot in height. No barbed wire fence shall be allowed anywhere within the Subdivision. I11.14. Wind or Solar-Powered Generators. No wind-powered or solar-powered generator or pump may be installed on any Lot, unless its location and design is approved in advance by the Architectural Review Board. 111.15. Unsightly Uses. All lots shall at all times be maintained in a clean and sanitary condition, and no litter or debris shall be deposited or allowed to accumulate on any Lot. All landscaping, including grass, shall be irrigated, trimmed and maintained in good condition at all times. Refuse piles and other unsightly objects or materials shall not be allowed to be placed or to remain upon any Lot. Trash containers shall be placed on the curb and returned from the curb only on pickup days. Nothing unsightly shall be hung from windows, railings, or fences. No clothesline or other device for hanging clothes in the open air shall be allowed on any Lot. 5 111111111111111111 III 1111111 111 I I 11111 1111 3050113 04/08/2003 10:54A Weld County, CO 6 of 22 R 111.00 D 0.00 Steve Moreno Clerk& Recorder III.16. Trash Removal. All residents within the Subdivision shall have their trash picked up by the same trash-hauling company, on the same day of the week. At each annual meeting of the Association, the Association shall pick the trash-hauling company and the day of the week for the upcoming year. Nothing in this Section shall prohibit a resident within the Subdivision from hauling trash or debris for himself or herself. Each resident within the Subdivision shall be separately liable for the trash-hauling charges attributable to his or her Lot. III.17. Mineral Exploration. Within the Property, there shall be no exploration for or removal of any oil, gas, gravel, or minerals of any sort. III.18 Home Occupations. The conduct of a home occupation within residence on a Lot shall be considered accessory to the residential use and not a violation of these Covenants provided that the following requirements are met: Such home occupation shall be conducted only within the interior of the dwelling and shall not occupy more than twenty-five percent (25%) of the floor area within the dwelling. The home occupation shall be conducted only by the residents of the dwelling, and no nonresidents shall be employed in conjunction with the home occupation carried on in the dwelling. No retail sales shall be conducted on any Lot. The conduct of such home occupation must be of a type permitted under the.zoning ordinance of Weld County. No evidence of a home occupation shall be visible from outside the dwelling unit. III.19. Disabled Vehicles. Disabled automobiles shall not be stored on streets, driveways, or lots within the Subdivision. No person shall repair or rebuild any vehicle within the Subdivision, except within a garage. Cars allowed on the streets and driveways in the Subdivision must at all times be operable, currently licensed, and maintain a current inspection sticker(if such inspection is required by a governmental entity). III.20. Restrictions on Leasing of Residences. An owner may lease his residence subject only to the following restrictions: A. No Lot owner may lease less than the entire residence. B. Any lease agreement shall be required to provide that the terms of the this lease shall be subject in all respects to the provisions of this Declaration, and the Bylaws of the Association, and that any failure by the lessee to comply with the terms of such documents shall be default under the lease. 6 1111111 11111 11111 III 1111111 III 1111111 III 111111111 1111 3050113 04/08/2003 10:54A Weld County, CO 7 of 22 R 111.00 D 0.00 Steve Moreno Clerk& Recorder III.21. Trees and Ground Cover. No living tree, shrub or bush may be removed except pursuant to a landscaping plan approved by the Architectural Review Board or otherwise with the approval of said Architectural Review Board. Said prohibition extends to naturally existing trees, shrubs and bushes and to trees, shrubs and bushes planted by owners. No grading or other soil or earthwork shall be performed on a Lot until plans for placing improvements on such Lot have been properly approved by the Architectural Review Board, an then only to the extent contemplated by such approved plan. After completion of each set of improvements on a Lot, the ground shall be restored, a nearly as possible,to its original contours and appearance. Contour changes of more than one foot from existing grades shall require the approval of the Architectural Review Board. The natural groundcover of a Lot shall not be disturbed unless approved by the Architectural Review Board. III.22. Hazardous Materials. Storage, use or disposal of hazardous or radioactive materials within the Property is prohibited, except for customary household uses in accordance with applicable law unless specifically approved in advance by the Architectural Review Board. I1I.23. Solar Devices. The utilization of passive or active solar energy devices is encouraged. However, all solar devices must either be architecturally and aesthetically integrated into the structure they serve or be screened from the view of the street and adjacent lots and streets. All solar devices, and their placement, must be approved by the Architectural Review Board. III.24. Commencing and Finishing Construction. Once construction of any structure is commenced on any Lot, with the prior approval of the Architectural Review Board, such structure must be diligently continued and completed in accordance with the plans and specifications approved by the Architectural Review Board, within one (1) year of commencement, or such longer time as the Architectural Review Board has reasonably consented to in writing, in light of the nature of the project or other factors. Commencement of construction shall be deemed to commence with the first substantial construction activity (including, without limitation, earth work). II1.25. Rebuilding. Any structure which is destroyed in whole or in part by fire, windstorm or from any other cause or act of God must be rebuilt, or all debris must be removed and the Lot restored to a sightly condition, within six months of the time the damage occurs. 1II.26. Vehicle Restrictions. No trucks, trail bikes, motorcycles, recreational vehicles, snowmobiles, ATVs, campers, trailers, boats boat trailers, vehicles, other than passenger vehicles, or pickup or sport utility trucks shall be parked, stored or otherwise kept on any Lot or street within the Subdivision unless kept in a closed garage. No ski mobile, snowmobile, or other recreational vehicle powered by an internal combustion engine may be operated within the Property except for purposes of ingress and egress. The foregoing restrictions shall not be deemed to prohibit commercial and construction and construction vehicles from making deliveries or otherwise providing services to the lots, in the ordinary course of their business. 7 111111111111 1111111 11111111111111111111 11111 1111 1111 3050113 04/08/2003 10:54A Weld County, CO 8 of 22 R 111.00 0 0.00 Steve Moreno Clerk& Recorder III.27. Outside Lighting. No exterior lighting shall be installed or maintained on any Lot except as approved by the Architectural Review Board. III.28. No Subdivision. No Lot shall be subdivided or utilized for more than one detached single-family dwelling (with associated outbuildings and structure). Boundary adjustments between neighboring lots shall be allowed, subject to the reasonable approval of the Architectural Review Board and applicable legal requirements so long as the total number of lots within the Subdivision is not thereby increased. III.29. Hunting. No hunting of any type shall be permitted in Mill Creek Estates. All Lot owners are aware that hunting is permitted pursuant to County, State and Federal laws and regulations on adjoining properties and Declarant cannot control hunting activities on the surrounding properties. III.30. Ditches. Developer shall install a water conveyance system for the purpose of delivering irrigation water to the Common Facilities and to private lots if such water is available. Developer shall also transfer and assign 20 shares of stock in the Boulder and Larimer County Irrigating and Manufacturing Ditch Co. to the Association. The costs incurred by the Association relative to irrigation water and the maintenance of the carrier ditch system shall be borne by the owners of all lots. The Association shall be solely responsible for the repair, maintenance, alteration, enlargement, replacement or improvement of the carrier ditch system. The costs of purchasing, installing, operating, repairing and the like of any pumps, power sources, hoses, holding boxes, pipelines or related equipment to provide the distribution of irrigation water from the carrier ditch onto each Lot shall be the sole responsibility of the owner of each such Lot. The Association's Board of Directors or any agents appointed by it shall determine the schedule for the Association's calling upon its water supply, and for the availability of irrigation water to each Lot. The Association shall indemnify the Developer against, hold it harmless from, any liability whatever for any personal injury or property damage claim relating to the condition of said irrigation system, arising from any circumstance or incident occurring after the system is installed and ownership transferred to the Association. Lot owners shall retain the right to rent or purchase additional water (above that supplied by the Association), in their own names, and the Association shall cooperate with each such owner of additional water in scheduling the calls of water and in allowing such owners to use the carrier ditch system to receive such additional water. The Association's Board of Directors shall have the right to make reasonable rules and regulations from time to time regarding the use of water and of the irrigation system, which rules and regulations shall be binding upon the owners forthwith after notice to them of their adoption. The Association shall have the right to recover damages and/or reasonable penalties from Lot owners who waste the supply of water or otherwise exceed their water allotment, to the detriment of the Association and other owners within the Subdivision. The Association may refuse to allow water to be supplied to any Lot owner who is six (6) months or more delinquent in the payment of assessments to the Association, or who repeatedly and flagrantly wastes water. Each Lot within the Subdivision shall be subject to the rights of the Developer and the Association to enter upon such Lot, with such agents and equipment as may be necessary or desirable for the purposes of installing, maintaining, repairing, altering, enlarging, replacing, inspecting, or 8 111111 11111 III III 1111111 III 1111111 III 11111 till 3050113 04/08/2003 10:54A Weld County, CO 9 of 22 R 111.00 D 0.00 Steve Moreno Clerk& Recorder improving such irrigation system. Any owner who installs any pump, power source, hose, holding box, pipeline, or related equipment shall have no right whatever to affect adversely the flow of water and convenient use of the irrigation system for any other Lot within the Subdivision. The provisions of this Section 3.34 may be enforced by any affected Lot owner(s) and/or the Association. III.31. Right to Farm. Right to farm 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. ARTICLE IV-ARCHITECTURAL STANDARDS IV.1. Restrictions. No building, barn corral, shed, storage structure, awning, fence or any other structure shall be erected, placed or altered on any Lot, nor shall there be any external modifications to any such structure, until the plans and landscaping specifications showing the nature, kind, shape, height, materials and location of the same have been submitted to and approved in advance by the Architectural Review Board in writing. No landscaping shall be installed on any Lot, or altered thereafter, unless a landscaping plan showing the nature, type, height, and location of the proposed landscaping improvements has been submitted to and approved in advance by the Architectural Review Board, in writing. Without limiting the generality of the foregoing, prior approval of the Architectural Review board must be obtained for any of the following: (i) attachments to the exterior of a structure, (ii) installation of greenhouses, (iii) installation of patio covers„ landscaping, screening,trellises and the like, (iv) change in exterior paint colors (v) installation of any barn, corral, shed, or storage building (vi) any other exterior change, including cosmetic changes such as location, garage doors, shutters and the like. The authority of the Architectural Review Board shall extend to the quality, workmanship and materials for any structure proposed; conformity and harmony of exterior design, and finish with existing structures within the Subdivision; location of all structures with respect to the existing buildings, topography and finished ground elevation; and all other matters required to assure that sure structures enhance the quality of the Subdivision and are erected in accordance with the plan for the Subdivision. No metal buildings shall be permitted unless the Architectural Review Board approves. IV.2. Guidelines and Rules. The Architectural Review Board shall adopt Guidelines and Rules governing the type of structures to be permitted in the Subdivision, permitted construction materials and the like. These Guidelines and Rules are made for the purpose of creating and keeping the Subdivision, so far as possible, desirable, attractive, beneficial, uniform, and suitable in architectural design, materials, and appearance; limiting the use of lots to single family residential buildings; guarding against unnecessary interference with the natural beauty of the Subdivision; locating structures on lots so as to minimize to the extent reasonably possible, the obstruction of views of other Lot owners and prohibiting improper uses of adjoining properties in the Subdivision, all for the mutual benefits and protection of all owners. 9 iJ'UE !)L!U" 10:54A Weld County, CO 10 of 22 R 111.00 0 0.00 Steve Moreno Clerk& Recorder IV.3. Size. The dwelling space of a single story residence, exclusive of the garage, shall contain a minimum of 2,000 square feet of finished living space on a Lot. A multiple story home shall contain a minimum of 2,500 square feet of finished living space. No building shall exceed 40 feet in height as measured from ground level, and no building shall exceed two stories and a loft as viewed from the street side. One lower level is allowed and may be exposed to daylight provided it does not face Mill Creek Drive. Earth sheltered homes shall not be permitted. All dwellings must be constructed on site. IV.4. Garages and Parking. Each dwelling on a Lot shall include an attached garage having space for not less than two automobiles. An additional garage may be constructed if approved by the Architectural Review Board. Each Lot must have provision for off street parking for at least two automobiles, exclusive of garage space, and said off-street parking shall be provided in such a manner as to not block or impair garage access to and from the street. IV.5. Materials and workmanship. All improvements shall be constructed of good and suitable materials, and all workmanship shall result in first class construction and shall be accomplished in a good and workmanlike manner. All dwellings shall include dimensional (i.e. shake shingle appearance), tile, or other decorative roof, which shall be subject to the approval of the Architectural Review Board. Actual wood shake shingles are prohibited. IV.6. Accessory Buildings. Barns, as well as small sheds for storage of lawn furniture, yard equipment, gardening equipment and similar type items, which are well constructed and neat of appearance, shall be permitted, providing the size, design, and location of said structure shall be subject to prior approval by the Architectural Control Committee. IV.7. Setbacks. Each single family detached dwelling shall be located no closer than 75 feet to the front of the Lot; 50 feet to the back of the Lot, and 75 feet to the boundary of the nearest adjacent Lot. Accessory detached buildings shall be no closer than 75 feet to the front of the Lot and 25 feet from all other property lines. Lots 1, 2, 3 and 9 shall have a minimum set back for any structures of 100 feet from the north property line, excluding fences. 10 IIN 1111111111111111111111111 1111111111 111111111 1111 3050113 04/08/2003 10:54A Weld County, CO 11 of 22 R 111.00 D 0.00 Steve Moreno Clerk& Recorder ARTICLE V-ARCHITECTURAL REVIEW BOARD V.1. Establishment and Membership of Architectural Review Committee. An Architectural Review Committee has been established by Declarant. The Architectural Review Committee shall continue until such time as the Association may be dissolved. The Architectural Review Committee shall initially consist of the Declarant. Until Lots within the Property have been sold by the Declarant, or January 1, 2004, whichever date occurs first, the Declarant shall appoint the Architectural Review Committee, including replacement members for any person who retires, resigns, or otherwise becomes unavailable for service as a member or alternate member of the Architectural Review Committee, once the Declarant's exclusive right to do so ceases. V.2. Professional Builder. The owner of each Lot shall retain a qualified contractor to construct the residence and all significant improvements on such owner's Lot. V.3. Address of Architectural Review Board. The Address of the Architectural Review Board shall be at the principal office of the Association. V.4. Submission of Plans. Prior to commencement of work within the Subdivision to accomplish any proposed improvement to property, the person proposing to make such improvement to property ("Applicant") shall submit to the Architectural Review Board at its offices such descriptions, surveys, plot plans, drainage plans, elevation drawings, landscaping plans, construction plans, specifications and samples of materials and colors as the Architectural Review Board shall reasonably request showing the nature, kind, shape, height, width, color, materials, and location of the proposed improvement to property. The Applicant shall be entitled to receive a receipt for the same from the Architectural Review Board or its authorized agent. The Architectural Review Board may require submission of additional plans, specifications or other information prior to approving or disapproving the proposed improvement to property. Until receipt by the Architectural Review Board of all required materials in connection with the proposed improvement to property, the Architectural Review Board may postpone review of any materials submitted for approval. V.5. Criteria for Approval. The Architectural Review Board shall approve any proposed improvement to property only if it deems in its reasonable discretion that the improvement to property in the location indicated will not be detrimental to the appearance of the surrounding areas of the development as a whole; that the appearance of the proposed improvement to property will be in harmony with the surrounding areas of the Subdivision; that the improvement to property will not detract from the beauty, wholesomeness and attractiveness of the Subdivision or the enjoyment thereof by Owners; and that the upkeep and maintenance of the proposed improvement to property will not become a burden on the Association. The Architectural Review Board may condition its approval of any proposed improvement to property upon the making of such changes therein as the Architectural Review Board may deem appropriate. 11 IIIM 11111 11111 III 1111111 III 1111111 III 111111 III 101 3050113 04/08/2003 10:54A Weld County, CO 12 of 22 R 111.00 D 0.00 Steve Moreno Clerk& Recorder V.6. Architectural Review Board Guidelines or Rules. The Architectural Review Board shall issue guidelines or rules relating to the procedures, materials to be submitted and additional factors which will be taken into consideration in connection with the approval of any proposed improvement to property. V.7. Architectural Review Fees. The Architectural Review Board may, in its guidelines or rules, provide payment of fees to accompany each request for approval of any proposed improvement to property. The Architectural Review Board may provide that the amount of such fees shall be uniform for similar types of any proposed improvement to property, or the fees may be determined in any other reasonable manner, such as based upon the reasonable cost of the proposed improvement to property. V.8. Decision of Architectural Review Board. The decision of the Architectural Review Board shall be made within thirty (30) days after receipt by the Architectural Review Board of all materials required by the Architectural Review Board. The decision shall be in writing and, if, the decision is not to approve a proposed improvement to property, the reason therefore shall be stated. The decision of the Architectural Review Board shall be promptly transmitted to the Applicant at the address furnished by the Applicant to the Architectural Review Board. V.9. Failure of Architectural Review Board to Act on Plans. The Architectural Review Board shall attempt to review plans submitted to it within thirty days (30) after receipt of all required materials. However, failure to approve or disapprove said plans within such time frame shall not affect the right of the Architectural Review to render a decision on said plans thereafter. V.10. Notice of Completion. Promptly upon completion of the improvement to property,the applicant shall give written notice of completion to the Architectural Review Board and, for all purposes hereunder, the date of receipt of such notice of completion of such improvement to property. V.11. Inspection of Work. The Architectural Review Board or its duly authorized representative shall have the right to inspect any improvement to property prior to or after completion. The right of inspection shall terminate thirty (30) days after the Architectural Review Board shall have received a notice of completion from the applicant, provided that the Architectural Review Board is given full access and opportunity to undertake such inspection. Failure to allow such inspection shall extend the time frame to complete the inspection as the Architectural Review Board may reasonably require. V.12. Notice of Noncompliance. If, as a result of inspections or otherwise, the Architectural Review Board finds that any improvement to property has been done without obtaining the approval of the Architectural Review Board or was not done in substantial compliance with the description and materials furnished by the Applicant to the Architectural Review Board or was not completed within one year after the date of approval by the Architectural Review Board, the Architectural Review Board, or was not commenced within two years of the conveyance of the Lot to the Lot owner,the 12 111111111111111111 III 1111111 131111111 111111 3050113 04/08/2003 10:54A Weld County, CO 13 of 22 R 111.00 D 0.00 Steve Moreno Clerk& Recorder Architectural Review Board may notify the applicant or Lot owner in writing of the noncompliance. The notice shall specify the particulars of the noncompliance and shall require the applicant to take such action as may be necessary to remedy the noncompliance. V.13. Failure of Architectural Review Board to Act After Completion. Upon receipt by the Architectural Review Board of a written notice of completion from the applicant, the Architectural Review Board shall attempt to inspect the property and advise the applicant of any noncompliance within thirty (30) days, but failure to do shall not affect the Architectural Review Board's right to thereafter give a notice of noncompliance. V.14. Correction of Noncompliance. If the Architectural Review Board determines that a noncompliance exists, the applicant shall remedy or remove the same within a period of not more than forty-five (45) days from the date of receipt by the applicant of the ruling of the Architectural Review Board. If the applicant does not comply with the Architectural Review Board's ruling within such period, the matter may be referred to the Association, and the Association may, in its discretion, record a notice of noncompliance against the real property on which the noncompliance exists, may institute judicial proceedings to allow it to remove the noncomplying improvement, or may otherwise remedy the noncompliance, and the applicant shall reimburse the Association, upon demand, for all expenses incurred therewith. If such expenses are not promptly repaid by the applicant or owner to the Association, the Association may levy a reimbursement assessment against the owner for such costs and expenses. The right of the Association to remedy or remove any noncompliance shall be in addition to all other rights and remedies which the Association may have at law, in equity, or under this Declaration. V.15. No Implied Waiver or Estoppel. No action or failure to act by the Architectural Review Board or by the Association shall constitute a waiver or estoppel with respect to future action by the Architectural Review Board or the Association with respect to any improvement to property. Specifically, the approval by the Architectural Review Board of any improvement to property shall not constitute approval of, or obligate the Architectural Review Board to approve, any similar proposals, plans, specifications or other materials submitted with respect to any other proposed improvement. V.16. Architectural Review Board Power to Grant Variances. The Architectural Review Board may authorize variances from compliance with any of the provisions of this Declaration or any Supplemental Declaration, including restrictions upon height, size, floor area or placement of structures or similar restrictions, when circumstances such as topography, natural obstructions, undue hardship, aesthetic or environmental considerations may require. Such variances must be evidenced in writing and shall become effective when signed by at least a majority of the members of the Architectural Review Board. If any such variance is granted, no violation of the provisions of this Declaration or any Supplemental Declaration shall be deemed to have occurred with respect to the matter for which the variance was granted; provided, however, that the granting of a variance shall not operate to waive any of the provisions of this Declaration or any Supplemental Declaration for any purpose except as to the particular property and 13 1111111 11111 HBO III 1111111 III 1111111 III 111111 III IIII 3050113 04/08/2003 10:54A Weld County, CO 14 of 22 R 111.00 D 0.00 Steve Moreno Clerk& Recorder particular provision hereof covered by the variance, nor shall the granting of a variance affect in any way the owner's obligation to comply with all governmental laws and regulations affecting the Property concerned, including, but not limited to, zoning ordinances and setback lines or requirements imposed by any governmental authority having jurisdiction. V.17. Compensation of Members. Members of the Architectural Review Board shall receive no compensation for services rendered, except for its professional members, who shall be reasonably compensated for their services. All members shall receive reimbursement of out of pocket expenses incurred by them in the performance of their duties hereunder. V.18. Meetings of Architectural Review Board. The Architectural Review Board shall meet form time to time as necessary to perform its duties hereunder. The Architectural Review Board may, from time to time, by resolution in writing adopted by a majority of the members, designate a Architectural Review Board Representative (who may, but need not, be one of its members) to take any action or perform any duties for or on behalf of the Architectural Review Board, except the granting of approval to any improvement to property and granting of variances. The action of such Architectural Review Board Representative within the authority of such Architectural Review Board Representative or the written consent or the vote of a majority of the members of the Architectural Review Board shall constitute action of the Architectural Review Board. V.19. Records of Actions. The Architectural Review Board shall report in writing to the Association's Board of Directors all final actions of the Architectural Review Board and the Architectural Review Board shall keep a permanent record of such reported actions. V.20. Estoppel Certificates. The Association shall, upon the reasonable request of any interested party and after confirming any necessary facts with the Architectural Review Board, furnish a certificate with respect to the approval or disapproval of any improvement to property or with respect to whether any improvement to property was made in compliance herewith. Any person without actual notice to the contrary shall be entitled to rely on said certificate with respect to all matters set forth therein. V.21. Nonliability for Architectural Review Board Action. None of the Architectural Review Board, any member of the Architectural Review Board, any Architectural Review Board Representative, the Association, any member of the Association's Board of Directors or Developer shall be liable for any loss, damage or injury arising out of or in any way connected with the performance of the duties of the Architectural Review Board unless due to the willful misconduct or bad faith of the party to be held liable. In reviewing any matter, the Architectural Review Board shall not be responsible for reviewing, nor shall its approval of, an improvement to property be deemed approval of the improvement to property from the standpoint of safety, whether structural or otherwise, or conformance with building codes or other governmental laws or regulations. 14 111111 11111 NM I I 111111111111111111 Milli ill 111 3050113 04/08/2003 10:54A Weld County, CO 15 of 22 R 111.00 D 0.00 Steve Moreno Clerk& Recorder ARTICLE VI-THE ASSOCIATION VI.1. Articles of Incorporation and Bylaws. The interests of all Lot owners shall be governed and administered by the Articles of Incorporation and Bylaws of the Association and by this Declaration. In the event of a conflict between the provisions of this Declaration and the Articles of Incorporation or the Bylaws of the Association, the terms of this Declaration shall be controlling. VI.2. Membership. Each owner of a Lot, upon becoming an owner, shall be a member of the Association and shall remain a member for the period of such owner's ownership. VI.3. Examination of Books by First Mortgagee. The holder of any recorded first mortgage or deed of trust on a Lot in the Subdivision will, upon request, be entitled to: A. inspect the books and records of the Association during normal business hours; and B. receive an annual financial statement of the Association within ninety (90) days following the end of each fiscal year of the Association; and C. receive written notice of all meetings of the Association and designate a representative to attend all such meetings. VI.4. Powers. The Association shall be granted all of the powers necessary to govern, manage, maintain, repair, administer and regulate the Common Facilities and to perform all of the duties required of it. Notwithstanding the above, unless at least seventy-five percent (75%) of the first mortgages of lots (based upon one vote for each first mortgage owned or held)have given their prior, written approval, the Association shall not be empowered or entitled to: A. by act or omission, seek to abandon or terminate the Declaration: B. by act or omission, seek to abandon, partition, subdivide, encumber, sell or transfer the Common Facilities; or C. use hazard insurance proceeds for loss to the Common Facilities improvements for other than repair, replacement or reconstruction of such improvements. VI.5. Common Facilities Maintenance and Operation. The maintenance and operation of the Common Facilities shall be the responsibility and the expense of the Association, and the costs therefore shall be common expenses of all the Lot owners. 15 11111111111 1111111 III 1111111 III 1111111 III 111111 III 101 3050113 04/08/2003 10:54A Weld County, CO 16 of 22 R 111.00 D 0.00 Steve Moreno Clerk& Recorder Said expenses shall include without limitation, all expenses incurred by the Association to own, operate, manage maintain, repair, and replace the water rights and the system of irrigation carrier ditches which shall serve all lots. Developers shall initially install the system of irrigation ditches; thereafter,the cost of maintaining, repairing and replacing such systems shall be borne by the Association as set forth herein. There shall be no additions, alterations or improvements of or to the common facilities by the Association requiring an assessment in excess of$100.00 per Lot in any one calendar year without the prior approval of a majority of the members of the Association voting in accordance with the quorum. Voting provisions of the Bylaws of the Association in a special or regular meeting of the Association Members. Such expenditures shall be a common expense. VI.6. Formula for Determining Assessments. Declarant shall pay all common expenses through December 31, 2003. Commencing for calendar year 2004 and subsequent years, assessments shall be made no less frequently than annually by the Association. The assessments shall be apportioned equally among all lots within the Subdivision. The owners of each Lot on which a Certificate of Occupancy has been issued for a residence by October 1, of such preceding year shall pay assessments that are double the assessments for lots on which no such completed residence exists as of said date. If an annual assessment is not made as required, an assessment shall be presumed to have been made in the amount of the last prior assessment. Anything herein notwithstanding the annual average common expense liability of each Lot, exclusive of optional user fees and any insurance premiums paid by the Association or the successor statute thereto, and the Association shall be exempt from the provisions of the Colorado Interest Ownership Act, as amended from time to time, to the degree permitted by law, except as specifically set forth to the contrary in this Declaration may not exceed $400.00 as adjusted pursuant to the formula set forth in C.R.S 38-33.3-116(3). VI.7. Based Upon Budget. Assessments shall be based upon the budget which shall be established by the Board of Directors at least annually, which budget shall be based upon the cash requirements deemed to be such aggregate sum as the Board of Directors of the Association shall from time to time determine is to be paid by all of the Lot owners to provide for the payment of all expenses growing out of or connected with the maintenance, repair, operation, additions, alterations and improvements of and to the Common Facilities, which sum may include, but not be limited to the following expenses of management; taxes and special assessments unless separately assessed; premiums for insurance, landscaping and care of grounds; common lighting and heating; repairs and renovations; wages; common water and sewer charges; legal and accounting fees; management fees; expenses and liabilities incurred by the Association or any of its agents or employees on behalf of the Lot owners under or by reason of this Declaration and the Articles of Incorporation and Bylaws of the Association; for any deficit remaining from a previous period; for the creation of reasonable Contingency reserve, working capital and sinking funds as well as other costs and expenses relating to the Common Facilites-and for maintaining a reserve fund for replacement of Common Facilities, which shall be funded by regular monthly payments rather than special assessments. The Association 16 HUM ILII 1111111 III 1111111 1111111111111 111111 III Jill 3050113 04/08/2003 10:54A Weld County, CO 17 of 22 R 111.00 D 0.00 Steve Moreno Clerk& Recorder shall comply with the requirements of Section 38-33.3-303(4) of the Colorado Common Interest Ownership Act, relative to the proposal and adoption of such budget. VI.8. Assessments For Other Charges. The Association shall have the right to charge Lot owners for special services provided by the Association if such services shall be deemed to have been provided for the exclusive benefit of such Lot owner. The Association shall also have the right to charge a Lot owner for any common expense caused by the misconduct of such Lot owner, in which event such expense may be assessed exclusively against such owner. The Association shall have the right to impose a lien for any such special service charges or charges due to misconduct that are not paid when due. Said lien shall include court costs and reasonable attorney's fees incurred by the Association in collecting said charges. VI.9. No Other Common Facility Liens. No additional liens, other than mechanics liens, assessment liens or tax liens, may be obtained against the Common Facilities, and no other assessments, debts or other obligations are assumed by Lot owners, other than as set forth herein. VI.10. Assessments. The amount of the common expenses and special service and misconduct charges assessed against each Lot shall be the personal and individual debt of the owner thereof. No owner may exempt himself or herself from liability for contribution towards the common expenses by waiver of the use or enjoyment of any of the Common Facilities or by abandonment of said Owner's Lot. An owner's loss of a Lot by foreclosure or by proceedings in lieu of foreclosure shall not cancel or terminate such owner's liability for assessments and changes accrued prior to the date hereof. The Association shall have the authority to take action to collect any unpaid assessment or special service charge which remains unpaid for more than thirty (30) days from the due date for payment thereof In the event of default in the payment of a special service charge or assessment, the Lot owner shall b obligated to pay interest at the rate of eighteen percent (18%) per annum on the amount of the assessment from due date thereof, together with all expenses, including reasonable attorneys' fees, incurred together with such late charges as are provided by the Bylaws or Rules of the Association. VI.11. Notice of Lien. All sums assessed but unpaid for the share of common expenses chargeable to any Lot and all sums for special services provided by the Association and charges due to misconduct that are not paid when due shall constitute the basis for a lien on such Lot superior to all other liens and encumbrances, except only for tax and special assessment liens on the Lot in favor of any governmental assessing entity, and all sums unpaid on a first mortgage or first mortgage or first deed of trust of record, including all unpaid obligatory sums as may be provided by such encumbrances. To evidence such lien, the Association shall prepare a written notice of lien assessment setting forth the amount of such unpaid indebtedness, the amount of the accrued interest and late charges thereon, the name of the owner of the Lot and a description of the Lot. Such notice of lien shall be signed by one of the officers of the Association on behalf of the Association and shall be recorded in the office of the County Clerk and Recorder of Weld County, 17 1111111111111111111III1111111III1111111 MIME' 1111 3060113 04/08/2003 10:54A Weld County, CO 18 of 22 R 111.00 D 0.00 Steve Moreno Clerk& Recorder Colorado. Such lien shall attach and be effective from the due date of the assessment until all sums,with interest and other charges thereon, shall have been paid in full. VI.12. Enforcement of Lien. Such lien may be enforced by the foreclosure of the defaulting owner's Lot by the Association in like manner as a mortgage on real property upon the recording of the above notice of lien. In any such proceedings, the owner shall be required to pay the costs, expenses and attorneys, fees incurred for filing the lien, and in the event of foreclosure proceedings, all additional costs, all expenses and reasonable attorneys' fees incurred. The owner of the Lot being foreclosed shall be required to pay to the Association any assessment or special service charge whose payment becomes due for the Lot during the period of foreclosure, and the Association shall be entitled to a receiver during foreclosure. The Association shall have the power to bid on the Lot at foreclosure or other legal sale and to acquire and hold, lease, mortgage, vote the votes appurtenant to, convey or otherwise deal with the same upon acquiring title to such Lot. VI.13. Report of Default. The Association, upon request, shall report in writing to a first mortgagee of a Lot any default in the performance by any Lot mortgagor of any obligation under the Declaration which is not cured within sixty (60) days. VI.14. Release of Lien. The recorded lien may be released by recording a Release of Lien signed by an officer of the Association on behalf of the Association. VI.15. Lien Subordinate to First Mortgage-Limitations. The lien for special service charges and assessments provided for herein shall be subordinate to the lien of any first mortgage or deed of trust now hereafter placed upon the Lot subject to assessment; PROVIDED, HOWEVER, that such subordination shall apply only to the assessments which have become due and payable prior to a sale or transfer of such Lot pursuant to a decree of foreclosure, or any other proceeding in lieu of foreclosure. Such sale or transfer shall cause such Lot and grantee thereunder to be relieved of liability for such prior assessments but shall not relieve such Lot or grantee from liability from any assessments thereafter becoming due, nor from the lien of any such subsequent assessment. VI.16. First Mortgage Foreclosure. Notwithstanding any of the terms or provisions of this Declaration, in the event of any default on the part of an owner under any first mortgage or first deed of trust which entitles the holder therof to foreclose the same, any sale under such foreclosure, including the delivery of a deed in lieu to such first mortgagee, shall be made free and clear of all then due and owing assessments. No first mortgagee shall be liable for any unpaid common expense assessments accruing prior to the time such mortgagee receives a deed to a Lot. VI.17. Statement of Association. Upon payment to the Association of a reasonable fee not to exceed Twenty-Five Dollars ($25), and upon the written request of any owner or any mortgagee or prospective owner of a Lot, the Association shall issue a written statement setting forth the amount of the unpaid common expenses, if any, with respect to the subject Lot, the amount of the current monthly assessment and the date that such assessments becomes due, credit for any advanced payments of common assessments, for 18 Uy !1LgJJL!UJI III IIIIIIIR 11100 X 0.0 0 Seve Coun CO Moreno 22 Clerk& Recorder prepaid items, such as prepaid items, sucn as insurance premiums,but not including accumulated amounts for reserves or sinking funds, if any, which statements shall be conclusive upon the Association in favor of all persons who rely thereon in good faith. The provisions set forth in this Section a shall not apply to the initial sales and conveyances of the lots made by Declarant, and such sales shall be free from all common expenses to the date of conveyance. VI.18. Mortgages-Priority. Each owner of a Lot shall have the right from time to time to mortgage or encumber his interest by deed of trust, mortgage or other security instrument. A first mortgage shall be one which has first and paramount priority under applicable law. The owner of a Lot may create junior mortgages, liens or encumbrances on the following conditions: (1) that any such junior mortgages shall always be subordinate to all of the terms, conditions, covenants, restrictions, uses, limitations, obligations, lien for unpaid assessments, and other obligations created by this Declaration, the Articles of Incorporation and the Bylaws of the Association; and (2) that the mortgagee under any junior mortgage shall release, for the purpose of restoration of any improvements upon the mortgages premises, all of his title and interest in and to the proceeds under all policies upon said premises held by the Association. Such release shall be furnished forthwith by a junior mortgagee upon written request of the Association, and if such request is not granted, such release may be executed by the Association as an attorney-in-fact for such junior mortgage. VI.19. Professional Management. Professional management is anticipated for the project, and any agreement which may be entered into with regard to professional management or any other contract for providing of services by Declarant or Developer shall be for a term of not more than one (1) year and shall be terminable on thirty (30) days' written notice, without cause and without payment of a termination fee. ARTICLE WI-GENERAL PROVISIONS VII.1. Duration. This Declaration shall remain in full force and effect, shall run with the land and shall be binding on all persons having any interest in any Lot in the Subdivision for a period of twenty (20) years from the date this Declaration is recorded and thereafter shall be automatically extended for successive periods of ten (10) years unless an instrument signed by the then-owners of a majority of lots in the Subdivision has been recorded agreeing to change or terminate the Declaration in whole or in part. VII.2. Amendments. This Declaration, or any portion thereof, may be amended or revoked at any time by an instrument in writing signed by the owners of at least seventy- five percent (75%) of the lots in the Subdivision and one hundred percent (100%) of the holders of recorded first mortgages or deeds of trust. Any amendment shall be effective only upon the recordation of the written amendment or ratification thereof containing the necessary signatures of Lot owners and encumbrance holders. No amendment to this Declaration may be made which conflicts with any of the laws of the State of Colorado, or ordinances of the County of Weld. Any amendment or revocation must be approved in 19 1111111 11111 HUH III 1111111 III 1111111 III 1111111111111 3050113 04/08/2003 10:54A Weld County, CO • 20 of 22 R 111.00 0 0.00 Steve Moreno Clerk& Recorder advance by and consented to be Declarant or any successor Developer in writing as long as Declarant or such successor Developer owns any lots within the Subdivision, except that the provisions of Articles III.30 and VI.8 may not be amended or deleted without the express written approval of the Weld County Board of County Commissioners. VII.3. Severability. Any provision of this Declaration invalidated in any manner whatsoever shall not be deemed to impair or affect in any manner the validity, enforcement or effect of the remainder of this Declaration and, in such event, all of the other provisions of this Declaration shall continue in full force and effect as if such invalid provision had never been included herein. VII.4. Disclaimer. No claim or cause of action shall accrue in favor of any person in the event of the invalidity of any covenant or provision of this Declaration or for the failure of the Architectural Review Board or Declarant to enforce any covenant or provision hereof. VII.5. Waiver. No provision contained in this Declaration shall be deemed to have been abrogated or waived by reason of any failure to enforce the same, regardless of the number of violations or breaches which may occur. VII.6. Captions. The captions herein are inserted only as a matter of convenience and for reference and in no way define, limit or describe the scope of this Declaration nor the intent of any provision hereof. VII.7. Construction. The use of the masculine gender in this Declaration shall be deemed to include the feminine and neuter genders, and the use of the singular shall be deemed to refer to the plural, and vice versa, when the context so requires. VII.8. Notices. Notices required or permitted by the Declaration shall be made in writing. Notice to a member of the Association shall be sufficient if sent by United States mail, sufficient postage prepaid, to the latest address given by such member to the Secretary of the Association. In such event, notice shall be deemed effective three (3) days after such deposit into the United States mail. Notices may also be given by certified or registered mail, or by hand delivery. If hand delivered, notice shall be effective on the date that delivery is accomplished. If sent by registered or certified mail, notice shall be deemed effective three (3) days after deposit into the United States mail, sufficient postage prepaid. VII.9. Colorado Common Interest Ownership Act. This Declaration is not intended to subject the Property and/or the Association to the Colorado Common Interest Ownership Act except to the extent required by law or as specifically set forth in this Declaration. 20 1 111111 111111111111 III Ilillll III 1111111 III 111111111/III 3050113 04/08/2003 10:54A Weld County, CO 21 of 22 R 111.00 D 0.00 Steve Moreno Clerk& Recorder AMENDMENT TO THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Dennis W.Neal is the Declarant pursuant to the Declaration of Covenants, Conditions and Restrictions("Declaration") for ("Subdivision") recorded in the recorded in the records of Weld County, Colorado, on , at Reception No. 1. The "Plat", as such term is defined in the Declaration, is hereby deemed to be the Plat recorded in the records of Weld County, Colorado 21 I NI111111111111III1111110III111111I III111111I11 IIII 3050113 04108/2003 10:54A Weld County, CO -22 of 22 R 111.00 D 0.00 Steve Moreno Clerk& Recorder IN WITNESS WHEREOF, Declarant has executed this Declaration on the I V Q _ Day of Y`t' j , 2003. Declarant MILL CREEK ESTATES BY: Dennis W. Neal STATE OF COLORADO ) COUNTY OF WELD ) The foregoing instrument was acknowledged before me this 6 day of uo,w_t\ , 2003, by Dennis W.Neal of MILL CREEK ESTATES. WITNESS my hand and official seal. ap'r57'ju =c ionnand' '� W ..I N . /� a v l o a ( f:„ h (DtoL ( rnaLoL,� °�oti • :,��, %Sv HO� Notary Public Address: 17-1O "RA • OO A\C\ ot 1 CO �,oscc My Commission Expires: (p/ I-` /c2 (Y)5 22 ALLES AND ASSOCIATES, INC. 428 N . SECOND STREET LASALLE , COLORADO 80631 TELE : 970 . 284 . 9562 FAX : 970 . 284 . 9564 E - MAIL AIL : ALL L L E S C O@ A T T B I . C O M November 1,2002 Weld County Public Works Weld County Engineering Department 1111 I-1 Street P.O. Box 758 Greeley,Colorado 80632 Attention: Mr.Peter Schei,P.E. Reference: CZ-553,Mill Creek PUD (zone change). Subject Final Drainage Study of the PUD. Dear Mr. Schei, Enclosed is the Final Drainage Study of the above referenced subdivision with support documents. This final drainage study is a result of our meeting with you and Drew Scheltinga Thursday,718-02. The subdivision has changed substantially from the first concept with reduction in size and the creation of the conservation easement on the south half of the property. It is hoped that this final study will be approved and the platting process continued. Your request to compare the flow across the conservation easement to the river before and after development has been completed. The increased flow is 4,334 cu.ft. of water in a hundred year storm. The total flow increase in drainage sub-basin area two, see drawing, is only 0.45%. Comparing this to the total flow to the river from both sub-basin areas two and three is only an increase of 0.36%. I do not believe these differences should be an issue that needs further consideration. We are adding a note to the plans reserving a non-disruptive strip along the back lot lines of lots 4 through 9 to assure that water flow remains sheet flow even during construction of houses on these lots. Fences would be allowed in this area. We trust this final drainage reflects the results of our meeting and approval will follow Sincerely, Ai / o�pDo.EG/s O•P4G., George D. Paulsberg oo is, %O� �� Colorado P.E. #35359 j.Q' ,f/f% 363 9 c Enclosures: Final Drainage Study 0 JNI. [444 , • • Tuesday, July 23, 2002 Project No.Neal 0101 REVISED DRAINAGE STUDY Objective: Evaluate and calculate the quantity of rainfall run-off that will occur on the project property and provide for the containment of subject run-off that meets or exceeds the requirements of the Weld County Subdivision Ordinance No. 173-E and Planned Unit Development Ordinance No. 197. Location: Property is in the SW'A Section 9, Township 4N., Range 68W., 6 Principal Meridian, Weld County, Colorado. Project Name• CZ-553,Mill Creek PUD (zone change). Reference: A). Soil Survey of Weld County, Colorado—Southern Part by United States Department of Agriculture, Soil Conservation Service. B). Soil Conservation Service Engineering Field Manual, Chapter 2, -Estimating Run- off. Site Conditions: A mix of farm fields and rolling hills with low lands along the two creek drainages on the property. The general drainage flows from the NW to SE to Big Hollow Creek and from the SE to NW until it enters Homes Creek or Big Hollow Creek. The two creeks flow from the south property line northeasterly leaving the property near the C-S 1/16 corner of Section 29. Future Use& Conditions: The future use of the land will be for one home on each lot with a garage and possibly one or two small buildings as barns or sheds. The lawn of grass is estimated not to exceed one acre and the balance of the lots to remain in hay or natural vegetation. Design Parameters: The following items are fixed by others that apply to this project. A. 5 Yr. Storm frequency for general run-off calculations. B. 100 Yr. Storm frequency for quantity of water required to be retained on the property. C. Land use to be residential. D. Rainfall intensity curves furnished by the Soil Conservation Service. E. Constants, coefficients, charts and equations by Soil Conservation Service. Narrative: The procedure has been to perform a series of tasks in sequence to arrive at values for run-off and flow retainage requirements. Task one was to classify the soils found on the site in accordance with the soils conservation maps for the area. Page two Project No.Neal 0101 Task two involved the identifying of areas contributing run-off onto and from within the property and into individual drainage pockets. Task three was the classification of future land uses to curve numbers for hydro logic soil groups and proportioning by weighted values for a combined CN for later use. Also, plotted drainage flow direction and length of flow on the contour map. Task four was the use of rainfall intensity curves, CN's, watershed slope and length to establish a time of concentration for each drainage basin. Task five applies these various items to determine the peak discharge and quantity of water in each drainage basin for each storm frequency period. Task six was the trial sizing of the pond in area one to contain the 100 Yr. Storm flow and create details for construction guidance. Task seven was the comparison of flow drainage quantity with development to non- development in area two. The net result was only an increase of 0.45%. Task eight was to modify the contour map to reflect the drainage pond in area one and add final drainage arrows and flow directions. Task nine involved creating details overall to show the drainage plan to meet the ordinances referenced earlier. Task ten was the wrap-up report writing,transmittal letters, copying of support documents and final drawings for agency review. Construction Recommendations: The procedure best suited to this site with reasonable construction effort and cost is to build a retainage pond on the north edge of the property in drainage sub-basin area one. The size of the pond will hold the 100 yr. Storm flow with a release pipe to allow the 5 yr. Storm flow to flow down stream to WRC 40 '/z. Shallow ditching will be required to direct the water along the north property line to the retainage pond. The remaining drainage in sub-basin area two will sheet flow draining into the Conservation Easement being created on the south half of drainage area two and all of drainage area three. The increase flow in total is only 0.36%and will not materially affect the drainage as it leaves the property compared to the non-developed flow quantity. A note is being added to the drainage plan to have a 30' wide restrictive/non-disruptive area at the back lot line of lots 4 through 9. This is to assure that the drainage leaving these lots remain in sheet form and protects the conservation easement area during house construction on the lots. Fence construction would be allowed in this area. Sincerely, z t "'p le I1k (E:.:;••• etT oV. Ac,1sa <<; ,/-'419°7 a ✓�Gc�s�/it✓ 3 O „ George D. Paulsberg, 1%:%2/-0:4(S Colo. P.E. #35359 °S10NAl Enclosures: Calculations, graphs, tables, contour map/drainage plan, and rainfall intensity curves. ,oe We.+ ,- ()/ () 1 Alles and Associates SHEET NO. • OF • 428 North 2nd Street CALCULATED BY Ci, PAL/Lre eg b DATE 7— 2-t-oz. La Salle,Colorado 80645 CHECKED BY DATE , COMP P,e /AM 6e &iotr -- get(nett, 6n/c-c Tf .07 ,4-7--/-,v6 / ��^• ��'� : i , IJSPA - CC./ �/vno COL-try �JOvrncsote yAr And/11A- 2- q _ . '521/4- 6.f ou "r 34�•.' 6 S- le OZ. • r 3 9 /, /c/t n2 Gt)A k„' .r 2 al, _ r J if NErv/t Lc.) iv 41 Z_.0 A.vtn_ .7 - 9 10 rn2- ,f _ Vr,/L !'Y- Cr L0 Ce.wfl6 W /-- 1 '6 / U ;, /Voro 'A „ /1 14i:a,.rcesz "t rs � T ;,6, ;, /cArd ,,�`�' # 82 AFrS ' ///rl�r�..ar/vy l r /r y a ,. `T- i •• I-0 9'r• .7;149‘e. /3 ': $ C f /tlf ,v..,A L fro , t_ TYPe e .4tdO ..tr ,frvi1' garret". L O. C 71.5 2-:011/ant. . 6S TjetsO Az.uA.o C ©- 6 -to 2.0 "/Af/Ai • PROW a.i MI* e)fllChad) • ^ auu /I',•'-A L ..a-.7()/ Alles and Associates SHEET NO. 2 CF - • 428 North 2nd Street CAICUTATEC By 6. e.., ,.„‘_,-,7,,,--44 DATE 7-2-3- 0 2- La Salle,Colorado 80645 CHECKED BY DATE SCALE / II /Pa, it /�eccir42C.5 . 9? �T. 7sre.< c .Si !' u,rot.,ca iI6 (00 7/t. S o,e y, STue.-.E461 ,veeoc Q C!/Al'/ t ...._. .-...-1. .::._. 2. rs5i.0 , // x /6 . / 3Ac . -L? Sc�G0 . Z 0/20 32 /'/, /L.r. ftc -. t- S'� to er4 „✓itcce P.Na. r 'X ,/ o' X /O c / 5-o o oo /c-r-: — 7v0 Grt46c _._. . .�O )c ?arc, ._X /Or .. <2SDoo /CT, CGQ,f :• _..._. co K 3O c, x. 3 ' c /Zo cot, ,J/ a/c /L VOL-V co \ / C41 ejl._4:C- 4 = 3 Go 4 /2- 8 i''e<cr' 1— #s'--- ( 1 c' [ . 4s 26'® CPI� l 2 O • SS . c) /2 2 Oc)o /ere N O N . • PPM=MU is.pargmsi CPS.W1 /f/, ,ft_^ /01 JOB Alles and Associates• SHEET NO. 3 CF 428 North 2nd Street G. Petal-f e e.L G DATE 7—z-3- et.- cALcuureD By La Salle, Colorado 80645 DATE CHECKED BY SCALE ... 1 a2 • /00 y e. Crag , • Q QIN - A 2.2.2. nu !.• x //q:4 A c€ ,,,c7-7- _�- iz" / A 9l2 /97 fir - - - t.Ty. _ . `� -„,--- .W1 /1-..2?„ /id/. o sa+ lsNr ..-._ /,L� - 2, 21 /,v�' x '// 94 A<, . 4r?' 5-60/'7 95-7 6'6? F!'- /2" /A c . ------ . AL�.t 4'9 / 00 Ve YTolLfl . n 4 , = / 8 A li-3sGOAC7 2 . / Q 2 ,,v � � 3�4 �e. . _..j FS , IN LL A,P er, M z ISO Mj� / ClfvN 7, 9G / 7 / w/O Bvucofl, -or Q rz. 9cc-- r / - .`1 5-7 gG3 F vo r / CI) /J su� ✓ teacs...Cradr _.. 7)/f,- g- 33* FT ' 957 963 /71 T ..-o 0ev. c— A.7, grA3 a 7S? 86Y #- 27 ?o, 5-70 = /, /88, 4-13 Ar . +i ?�'f Cr /A;e2o,c-0 K/„ 0. 36 a/o ✓,ivet.44or Q .,-_... / /88 413 2-z13 ..-_._. Ct>AJc-LJj.pit) : //Uc,eeAca /c frjey f...ALI 7 7P/.AO oirdlt .LT �/LOD' � /fill,, 'iar_9d L r ctT '/-)- .40.,-. FTK of( JTCaCsw illoTic6 . IFAKC.mLi ypa.e11m1(hen Woshtaat 2»Tina of concentration and peak dbchargs Cant NfA hl D I By 6. P. Dale 7- tz-o2- County W/ M 1-D Stele en L.o. Checked Date i`7 Practice R PA ar 3 EMInWkq ens of connection 1. Da* MINS die tuUcn type • 0. Drains.area A ' ,341. ea • Run6R ourvn number CN 6 5,'r (Wfxkdleat 1) walsrahed ekpa T - 0.47 % Flow length is /22O 6 2. Tv Y.CN and figure 2-27 .So tits or using*guidon 2.5 r4p10-00 � _aar T ae` CN J ( )01( ter c 1140Y0•S 1140( )es Esamatlng pack dlschargs Skim*1 Smolt 02 Stone 03 . 1. Frequency yr .Sye, /OO Y,E, 2. R.lnfa ?(24-hour) In .2. 9 C 3. Initial ahetrecton.l In /• /o 58 /.i o58 (Ues CN with table-2-4) 4. Compute) /P radon a 394-? O. 2.2 t2. 5. Unit peek discharge q cht/ac/in o.2,9 O, 3 (Use TQ and I1/P with exhibit 2-11) 6. Runoff.CI In 0.3/ (Use P end CN with figure 2-26 or table 2-2) 7. Peek dlaoharge,qs de 3,/,3 24% (Wore qo qu AO) mr, . 174 4.k by y ty. •u.f. G Pellicle{ Office Iffn • 111•fllfffil ' " zs1 , Wadghost t Time at contt11, at)on and pealdbcharge Client Mt U O1 0"/ ey 6'O0 Date 9-Zz-OZ. County Wee-a Mote Co 0 Checked• Date - Practice /IAEA 41/ /G , /14c. EmmatNg time of coneantradon 1. Data Reda dielbuton type • • it (Ukase)as e) fit.: Drebege area A • H•/3 ac Runoff curve number CN • 7/ B (WorWleet 1) Walereted elope Y a 3,/ 96 Flow length 1 - 94o ' 4o . It i? x; 2. Ts using/.Y.CN and figure 2-27 jar_ hrs or using equation 2.5 w 1000 ) _ gat ' P Tc . 1� CN • ( )aI • his .. `df-.i 1140 YO-5 1140( Pi .- Estimating peak discharge Storm e1 Storm 02 .k � ., 1,,r. / . Yen .A C •�k` 1. Frequency >n `" 4 /oo Y n kx. 3. Idea abstraction.I in 0.78 S8 O, 7858 AI. .s; y. (Use CN with table 2.4) 4. Compute r /P ratios C Z 8 06 0. /5 721=4- I t 5. Unit peek discharge q• de/ac/In O. s r ago (Uas Ts and I•/P with exhibit 2-11) 5. Runoff.0 in 0.4Z. 2.oc "A (Use P and CN with figure 2-2e or table 2-2) 7. Peek d da get 3 3.0 7 '^discharge.qo (Where qp•q„AQ) • 0u.5. Goverment Pr4uq Cant. . 11111 • I1a-454/a01ra 2-91 Worksheet x Time of concentration and peak discharge Client _/ OA 0/O/ es P Date 7-zz=ot A County WAco as COLO. Medal Oat, Practice /ett ['/r sr2 Dcd6coPFo., /i9 ¢.4c. Estim.Ing time of concentration 1. Das s Rainiell detrwution type • .7C 0.K fi.56 Drainage area A ' //7± ac Rural euro number CN • 72 Z (Worksheet') Warted slope Y • 2,7t % Flow length L• 2./ co A 2. To uiNgI.Y.CN and figure 2-27 = /oar his or using equation 2-5 °a[1000 ) _ ajar CN 101(L Tc = ( !a Are 1140 Y0.5 1140( ) ' Estimating peak discharge Sam•1 Storm 02 Storm 03 1. Frequency yr 5k . /60 ye. 2. Rslnfaa"(24-hour) In 2. 8 5:0 3. IMMO abstraction.i in 0,75/9 o.794 (Use CN with table 2-4) 4. Compute Ip/P ratios 0.268f 0./S o 3 5. Unit peak discharge qp Wec/In 0.4G es 51 (Use Tp and 1p/P wfih exhibit 2-11) 6. Runoff,O M o.65- .6c 2. 22_ (Use P and CN with figure 2.25 able 2-2) 7. Peak discharge.Op de 3 5 Z /351: (Where qp•qu Ate) •U.5. C frinus0 0f11[n : lfff • 10l•fff/10$11 2-91 Wary,stget t Time oe concentration and peat4lacharge Cure /1/e41-- n/61 By F. I on 7--Zzro9,_ County W.er.e.O Se Como, Checked Oats y.. Practice ffiee t d2 — UN dovecoPeo - //9 tic, Retreating Nm.of concentration 1. Data Ratite distribution type • :r- PA O,.e.Iq Damps area A • //94 ac • Runoll curve number CN • 72 1. (WatWlwl 1) WaM,MM,slope Y • 2. 16 • Flow le. b 2.150 6 2. Tp using,.Y,CN and figure 2.27 , /. /.0 hre F or wing equation 2.6 re 1000 )_ iar T CN ( Pitrt P r c a 4r • • tire 1140Y0•6 1140( )08 4 EWmtllnp peals discharge Storm 01 Sam e2 Storm 03 z 1 1. Frequency yr -- /r.• /Oo Yet' ' r` `� a 2 Ren (24-houn In 2_ o — ` a Initial abstraction.I, In 0 759 o,-719� zt:f,, (Use CN with table•2.4) . t 4. Compute l•/Pram 10.27/ / 0.15/2 ?ro o 5. Unit peals discharge qu eb/ao/in 1 0.45 I 0.5 0 1 1 Nee T•and l•/P with.khl06 2-11) I,•: 6. Runoff.0 In I O. 6,4 1 2.2-( 1 1 Fay ` Westland CN wafture 2-26 or Mb*2-2) 7. PNk dlachargs.qp cf. I 'M7 1 .i I /'2/-L`.' (Where gp•quAO) • •u.5. Go.ern•ent rruuer office affu • LI•susasu 2-91 Worteheet 1: guncift curvet numbor(CM . {. Client rAlGAt o/ o/ et 6". %ti De 7—l7.-nZ. c '; County Wet-v SS Coca CMogA DSO _ ,at, : - . ;'.2*AR / �/REA / 14./1 4 c , Y P4 Practice � A t Soil name Covet du.cd$on Covet�w�nryww� ,,'2,4‘snd hydrologic leaver type.VS and I �, . 9�+p hydrobgk eondlOon) (dbI.2 3) Wass "cc- t �' ( 2.1) � ., 34 "8 " 3 Gorr _ 'r 7x : boure 3 o00 �� s- $Near 400x2=caov p B 6S "C ,. / G31AJ /Qoe ( 8 o.386 37� 34' "5„ Roik Dr ; VI_ /416A0 @ 0,74 .{C . QO 0. 7C / 'I =54 3 .- 8" LAw,L; /sic•/%r X ? tor! : 34c, 6 / 3° / 83 3'f, 8,. ' NA7ullAr, C O!-oi Ad/i0ud t ; 6 c. 6/3 1,]�< M”A1 /NC4IdA ,G. '3- 4.iS- 71_ if 9B 867 t- . - . ., ,, ,,i':: 4 le'''. p Tote*on /6 / .7 . 1,,41.5"771 CN(weighted) is • UN CN-i 7, —fis A iC 2-90 r2 wo ISt 1: Runoff curve number(CH) r:. Client 447!!4! o /o/ By r• R Ds e" t a ,6th IL'County WE't r7 Sale Co Lo . CMdted Oslo • x� .; Practice /Er 2- W/Or/CLaPpmaNT /�'7i4e . ik W 7 •.!n � s; •41.:443-44 n Solt name CH Area •ti'� I,.,. ,, Cover dueriptlon IS � and ydr�9k (cover type,treatment and group hydrologic condition) IaxN s , . .n. I.--; ;. gable 2-31 or% ' r, ,7. , I (tabs 2-1) . 34 g ,. G. /f urt, 2-Skeor, / EAtM - i415-to = C3, ��O2 A 78 o, 77 ?S" ,4`) t 1-00 }{goo) nlATu /t,tc (11-etiSe( diLesiou Air C C c, Fc iNT6Q ,a,, x�D I� 1/Z43 0tt3-/.a A S � /A ) d3 r? ;TI.,,,,,,,,. ,,/ r l 0 rl/ T c4£At G ow LR 1/(7s '^ a .," .1.; I 41. J I 4+i. • ,. q1 Totals /17 ± gc 7/— - CN(weighted) a Use CN 722 "'=s 2.90 Workshnt 1: Runott curva number(CHJ) : Client Wert. o / o I By G . gpay 7-Z2.-707. • County Wetn Stele COL o. Checked . ., NW .,. � r.4, K 'IA EA 3 3 4. 1 'Cc . , Practice ' •- :� �J S09 hems CN ArM "� ;� ' Cover description and s: a hydrologic (cover type.'sentient end r CND artt: 0 -- hydrologic hydrelogiecondltloll) Roble 2-3) (o act f- :e e2-1){j p / p ,e Z. 'Ai /�eJ ouAl `-7fr ofr /ANQS / A. `+. Yl G- , �p>v /2-o or Yn 2O ? / eiDT I 4 • Do A/A-74.QA c_ L GA�vc�f �3 5---F- `7 f3'/ Y r e , ti -- 5 ti;. rotor- 39. 2 Z1283.5 use CN- 6 s CN(weighted) - - i 2.90 W orksbaM 1: Runt!curve number(CN) is $ A" �`; ' Client /VEAL O/O / pi 6. P, Oats ?--T-,z as County WELD SINS Co LO. Chidoad Dal as . `• ' . • Practice A,QEA 2 ( 983 4- 2o' -iog 1. 093) _ 1 / 9 -FAc. 'w . LJN OC✓r- wv — Ra,v OF, / � ; 44 CN AIML. f f Y }}} Soil name Cover description ?Z and • h (co type.vestment,and gym b (cow roup hydrologic condltloM (tibia 2-3) (at .;; , 31- N4 r ./ K.l' )1Fr/0()AL CfloP Iwo :s? ,, * 63111:er /A' (r.e.s„t xdo . 72 ��t; 47 ' . GS 8/8G — n "D G AlII Ti.'2 Ac Lpw L,e.4jor tl ./ 5— 73 1. _. 1.f r.1.1 M :Y �f , d�a?'. Totals• 7/ 9 — / ea7 — Use CN• S CN(weighted) ' 7z — . „ , .'14'94,-:‘ 2-90 'u 1,p L F ,, I i 1 J ( 1 t I � � I 1 ` . I -1 L-�� Y _ _ �� ps _ 4926 - .\ \, V'(o ; - . _ �� /-''''''.4- 9i • \119 96� )))� �/ _-/- /�/ rr J _ 21 � 4°)7419la IL v \ 11) gi � �' �`-� r --�� x ,� 9,1 ..- ( -O 1f I]!r F �� .I _-_ fir ,)� lA-� �1 'r t`'`1 �'� saw Th" - - ------------ -- --,..e,1/2._ 1 �� NN ( 1 t �I I I'( I `� i i--� „ �= � ,./� 'v /f� f Jru)/� f Ili" 1 ,,,�,,y, )(�\�1L�\I�, /` `�iik �11J •__ 1 /Il F J/ 20j = 71 r— �I _47 \Jl rY \qc�1\�,, I ./ / — ( dcbt\,. '2 , ,,, r , ,‘ , r___-_,/,-7, 0 /rya) t r? 1/C-C:tri e' clirr3 -1/H(::;;-1T-I- 31--_,,,..--;>-..-2e.=`;-,,,-,__,*.— �� :fit ./-‘ \ \a � l �9 / \v 3-D TopoQuada Copyright 01999 DeLotme Yarmouth,ME 04096 Source Data:USGS I j950 ft Scale:1:24,000 Detail:13-I Datum:WGS84 , . . ..L I }j t 42 ffip 42,4 + t It' 16 15 qp4 '4 ti4 1V t 7 15 9 20 42 1 19 . .. . , 51 79 r.' if, , 53 AA, ,'\, ;44y w r<`: 4 • 3 }if _____ , t :_-.. -. z== .�� T y. .. 4 A �lip* C , . -' S • J 20 42 � _k•, v 65 :� E a ,y 63., 17 65 lea � ! ''\'� . .^1 ,�, - 7:M , 4111 t k ,e• x 9^ q'1 '� h a tk* y {is , � bz .- Y" . , 65 i4- J•.. . , '4 'Y z a fii. ,^ s 1 : a s ^ �C�'. t• • .a � 4, 79 4 err t ' 65 111 ' & ' �.. ; tx �' x. t '� a P @ C'.�. t .': ,.e r 4,, ' r fir.s 3 a S l a ad ,� x r fr -- ff r h y t s , c j j-c ® 4rro �� '� h l^ fk' tk; s? � t�`t r r za P4 ��yT.n� ##y Pr -� r 4 0.' ;b , t ,vi3i®'A�. ‘,. fit,• t t• Fes.", Engineering Field Manual o Chapter 2: Estimating Runoff and Peak Discharges Exhibit 2-II- -nit peak discharge(q„)lor SCS Type II t, AO distribution I .■ Id�1 1111 IIII tl NI a1■■■■■■ ■ awns I 1 uI�Illllfil I{�I�liill `I IM ml t e 0;1l�alltr i Ittnll Mill luu n It ■■imqmu■ ol��nt 1 w t 1 it ^ ' �� , . 1 lubl ut I I i •■■Viii 11111 III II Illlllfi iliw'1 nl dl 1 e I I IIWN tiHI b IC 11i� {{�� ■�■�■� u n �i auuu in Ilan �'a� iif Imm \hill I � ' � 11. ��'il� �� Hl 1111 � lull!!!Uldlll 1!11111 it I 1 - i �-. : Itti ••itS11E3NIlalii=≥ig5=2ggaitilli+fill4tt1111a[� -I';;:-;V1(Itliti Lri aa_--re C:lltiE cs:=1:: :te=:E�li:1e3= a � -:==osa=:as aalr >;htrs�liii,;;; I.rr1iE�^y�n . ,: y � ;.i a1�% Iti ids!`'5----iE:,31 3iii:n dlliilt r, ...^..1. 1. ' .•� �.--- ur:::v. =:�-:=zzw,�-a=as r.. u. i:niiiniin.lti,4 Li3lyt.3 U' ii]i4=s `cn=2!i ci"---a' :E-41":.. :r_:al.i-+�r.:--- c - ass==_ peaM. n:is ur a:i hi f t ^< al'�r'3� �N>v- �Ilrr-::iiA�cl Eni{:IE:.-�-2S -�a.��j iitl .erg_^ISiet-:...:....lir_eq' �_��jj= GA 3_ !ea- 'n:iiii:a`�i°jjt'rl :.�islc.-_-. ,:__ '=i::2 ills^::: *---...^ci:'::•Pal!a...1 __e__a_ '� ii i lE •,111 •,31ii: •:•1•• I ___k- p_--_wc Mill :a1:i3 ei 81 _.- s- n t lilu'riil9Lii;i, Pt.iiigfinillE=q:+-'__: - -arcs 'ii� 1�u. i.. al ..3�li3gi�iil:_a •:7c- •sti:::. Is• ':;^a�I.a ii: ' th FE later II II in a, ,' qa —_,_-;r;, .@�ji• il:.1• ::..1 ' IIIIIIYi. in '.1iii„ .,I I O�- -a YfI nl M III i I•' _ : r-ii e- !e II Nn N 1.. f 1 13 �C-'�110i� ; 1, „IIIi i� , . tilirni1/4.....04......siffirfi..,■.n1A■� iu1Y �� 1 INMYU � 1 �1 rll�-M 1111 I� 11 .,�, Iit it ein h.n I. nl�i. e n i I1 IIY It' �` 111■ 8 1 Y' 11'IDDDrMMM'••• . YIW lC "q •n 0 I �'1 ft D 02 1.41t. -t ` V.; 4 . 111 I a �i iiN l I . ., I C R ii 1 pi h l }.l i r :td';i:: :I1lil ■ ■ ■ 1111101 F poi,C� I ` 1 :,.._,ttlt�v •iol nn nh 1 I al MI Iltutil �. ial o.t g al HIEN9 -a-'--1�t��.Rit4=_ 111=itiA{tllljtEia�11Eitlial�1-•Wail till :::at ROAM Iii,-,: lI s r ₹Ntriliiiiilj131i1ilAFwl�iSi iK-3ii{iii ilUHF'i iit'ry 3 d 1!811=_1 om 5 WI Ill ialtil fflh @=5c'_ilili' 1iii11R::in 1i !:::n::,11 itIN . 10 o., Time of concentration R.1 hours • 2-13 •C�- � qg4 p@•'( � tA .: �t �{ A9r-4 . -1 s �-�,i�,`. � -g-14.4416 -4 .44400 00O 00000 00000 OOo00 �! ‘ 000 O O 0 0 0 0 O O X00 4ts qr 0q � l0 gSas % q xRggg gggl a q , . -914 ; q sq M * gc4cl RA 44q Mgkk %- 454R4 q ‘ 48x0 ‘ c 4c rc4Aq 44lk gng1. .. � 44 R40q cgg0 cN444 gt4q ! = S 2MgAg r UU MOUZS M Bs . 0000 .. - ugte- . oo oo OCRU1Bo 00000 Oo000 00000 0 . � _ � .. .. :. .. o0 00000 - - �' �= R � t-e, ffi �Td '�l ' $ 14s � 0000 X � � � � Oo00v 0 S- � gA1K2 00000 00000 00000 nVFi2 no 000 0 .» . 0 00000 00000 OOO • D 1 .� 'w P S . o 0 0 0 0 0 0 0 0 0 0 0 0 0 ' ;. ; _ ( ".1. 1j 14O 00000 00000 00000 0 J I - � z.. S4 � V " £ azf lR� � 5 5 H 00000 a . 'Rx - - - ; .. ... 00000 00000 00000 el- ' r �Ny mm .�pp .O Y Qp N n g r I•• ~ g. % m V 54 4 N ~ ~ O P 0 0 O 00000 80488 O - � � ... aJ 0 �„� O O O O O O O O EN a ♦ p. N V .~O a N m q 000 00000 4444400 - - -`' . N -' '' .�. ... . 4404 O O O O O O O O O O O H .-. .+ NN mm 0 N q5 R� .~i.+-. 6 •. . . . 0O OO 0O0. . . . . 00000 - s � t VSS Z s � g � Mgc0 0 f';.. p . ^ $ gS ... 00 OOOOO 000O0O 0000 ,= aZ Afyinq sMAA R SUZVW g 4 tffS SUZ1 % 00000 00000 00000 00000 00000 00000 0 . — w (E£M Notice IN-54, Juns 1990) IN-2-14.3 EXHIBIT IN-2-n-A, UUT PEACDISCIWiff Iqu) - cfslecre/inch - 'untinued • • for SCS Type II reinfsil distribution . I . ' ' • •. . . •. . - ' ••1s/► 0.10 0.12 0.14 0.16 0.18. 0.20 0.22 0.24 0.26 0.28 0.30 0.35 0.40 • 0.45 0.50 , N Tc .; a 0.70 0.49 0:68 0.66 0.65 0.64. ' 0.62 0.61 ' 0.60 0.59 '•0.58.• 0.57 0.51 0.45 0.37 ' 0.30 0 0.25 0.66 - 0.65 0.64 0.62 0.61: 0.60 0.59 0.58 0.57 0.55' 0.54 0.49 . 0.43 0.36 .0.29. 0.80 0.64 0.63 0.61 0.60 0.59 0.58 0.57 0.56 0.54 0.53. 0.52 • 0.47 4.41 , 145 0.28 • 10.85 0.62 0.60 0.59 0.58 0.52' 0.56 0.55 0.54 0.52 0.51 '0.50 0.45 0.40 0.31 '027 ' 0.90: ' 0.60 0.56 0.57 0.56 0.56' 0.54 0.53 0.52 • 0.51 0.50. CO • 0.44 0.38 0.33 0.16 0.95 "LW 0.56 0.55 0.54 0.53' 0.5Z 0.51 0.50 0.49 0.48 0.42 :CO •0.32 0.32 .026 1.00' . L56 0.56 • 0.54 0.53 ' 0.0 0.50 • 0.49 0.48 0.48 CO 0.46 '0.41 ' 0.36 0.31 0.25 o ' 1.1 0.53 0.52 0.51 I 0.50 0.q. 0.48 0.47 0.46 0.45 0.44 0.43 •0.39 0.34 • 0S 024 12 0.50 0.49 ' 0.48 0.42 0.46, 0.46 0.44 0.43 0.42 0.41 0.41 ' 0.37 . 0.32 . 028 '023 " 1.3. 0.47 0.46 0.45 0.45 0.44 . 0.43 0.42 0.41 ' 0.40 • 0.39. 0.39 0.35 0.31 0.26 0.22' • 4 •1.4. 0.45 '0.44 0.43 0'.42 0.0.. 0.41 0.40 ' 0.39 0.38 0.38 0.32 0.33 0.29 0.25 ' 0.21. e "1.5: '• 0.43 0.42 • 0.41 • 0.40 0.48 0.39 . 0.38 0.37 0.37 - 0.36' ' 0.33 0.32 . 0.28 0.24 0.20. . ►4 • 1.6 0.41 0.40 0.40 0.39 0.38 0.37 0.36 0.36 ' 0.35 0.34 0.34 0.30 027 ' 0.23 "0.20 � ' ' 1.7' 0.40 0.39 0.38 0.37 0.36 0.36 0.35 0.34 0.34 0.33 0.32 - 0.79 0.26 • 0.23- . 0.19. • a ' 1.8' ' 0.38 0.37•• 0.36 0.36 0.35 0.34 0.34 0.33 0.32 0.32 . 0.31 ' 0.28 0.25 0.22 - 0.18 1.9' ', 0.37 0.36 � 0.35 I 0.34 0.34; 0.34 '0.32 0.32 •''0.31 ' 4631i 0.30 • CM' 024 0.21 • 0.18 1r 1 e ' . . '' 2.0i ' 0.35 0.33 t'' : 0.34 , 0.33 -'0.33: 0.32 '0.31 0.31 0.30 0m: '0.29 '• 0.26` - 0.24 021 . 0.12.• • • - " 22 0.33 0.32 0.32 r 0.31 0.30 0:30 0.29 029 028 . 028 0.27 025 0.22 : 0.19 . 0.17 VD 0 2.4: 0.31 0.30 0.30 029 • 0.29 0.a 0.27 027 " 026 026 0.25 0.13 0.21 0.18 0.16 V 2.6' 0.29 0.29 0.20 0.22 0.27 026 0.26 0.25 0.25 . 024 ' 0.24 022 . 0.20 0.18 015. 2.8 027 027' 0.26 026 025 0.25 0.25 024 '024 0.23 0.13 • 0.21' " 0.19 0.17 0.16 3.0; ' 0.26 026 0.25 ' 0.25 ' 0.24i 0.24 . ' 0.23 0.23 .0.22 0.22• . 0.22 0.79; 0.18 0.16 0.14. '3.5 023 0.23 0.22 0.22 0.22 0.21 0.21 0.20 0.20 0.20 0.19 0.18 ' 0.16 0.15 . 0.13 ' 4.0 021 0.20 028 020 0.19. 0.19 0.19 . 0.18 0.18 0.18 0.17 0.16 : 0.15•' ' 0.14 0.12 4.5 0.19 0.19 0.10 0.18 0.18' 0.17 0.17 . . 0.17 0.16 0.16, 0.16 0.15 0.14 0.13 0.11 ' 5.0 0.17 0.17 0.17 0.16 0.16' 0.16 0.16 0.15 0.15 0.15! • 0.15 • 0.14 0.13 0.12 . '0.11 . `' '5.5 ' 0.16 • 0.16 ' 0.15 0.15 0.15 0.15 0.14 0.14 0.14 . 0.14' 0.14 0.13 0.12 ' 0.11 0:10 ' 6.0 0.15 0.15 0.14 0.14 0.1{ ' 0614 0.13 0.13 0.13 0.13 ' 0.13 0.12 . 0.11 -- 0.11 ~0.10. . 7.0 0.13 0.13 0.13 0.12 0.12 0.12 • 0.12 0.12 0.12 0.11 0.11 0.11 0.10' . 0.10 0.0 8.0 - 0.11 0.11 0.11 0.11 0.11 0.11 0.11..._ 0.10 0.10, 0.10 0.10 0.10 , 0.0 . 0.08 0.08. . 9.0 0.10 0.10 0.10 0.10 0.10 ' • 0.10 0.10', ' 0.09 •• 0.09 0.09 0.09 0.09 0.09 0.00 . 0.08 10.0 0.09 0.09 0.0!'-i .0.09 •'0►09" "0.09 • ••0.09 0.09 0.09'' 0.00 co * Ls 0.08 0.08 0,07 , . • . . . . „ .. ,,: • , , - I :t ..., . • , ,sz ca • Figure 2-1 —Approximate geograp` boundaries for SCS rainfall dlsbibutl, , / . • • • • • • •• • • Distribution `\ `' %/• Tom' .0 G I Type II Typ.M a/ m d • • • 2-15 Figure 2.26-8okuIon for runoff equation N V. hi hti 100,10 111N , .. 1,000i. lk1�,.E,.�► ISMM ...•.■......f,..f,..■.....•■.W. ■\'.....■.■■ ll►1h!ik?ui.8I8IZIK►11 li K1i111111 O ■■. UROMMOMMI�...■■►■■►■� ►MMOM■►�..►�■MOMM �MM►��,�- \..M■\.■\�.■■■■■■ ■► ■/► //► ■■► ■■►�/■►�.OM ,.R\IIMUMO:M'MMEMMS o ■■O■■O■■O■■OMMM■■AIl ,ra O■■►`■■O■/O■■.\/■\/O .■\■■►\■f!\■\�■\\..■■■ MOMM MMOM\►�■■\■f!\0 \OMOI■\.►`■■\.1\.■■.■ ■.O■■O■.O.■.�.■\ \.■►�■■\■\■■\OVINV'.■..■ ■..►�..O■■O.■M■ ..\`■■•\■\.■►\■\■■\.\.■.■ ■/■/► .■► ■■. ■■\ flM■\■■'/\.■'■\.\.■■f!.■fI■SIMMOIMMVSMIIM r. ■■■■■► ..► ■■� ■/..■f1► ■■►�. \■\\M►\M�0�IMOIWI\\!\\\\`�'M ■......► .■ ■/■■/// 1 ► .■\fl■\.►`./\.O.\.f1\■\//\■11■■46 m M▪E ■.►�■\\■\ummowl t.\/f!\fl'■11//,\■OMSMOWOMOMLOSIMMOLIMMSUMSUM 1 um NOMOM\\■\O■\OOMWMWOILI.MN\I\►1■ urn ■ ■■.�■f!I/\.flN■.\■►I■►�■,�\■►U'\I■ a ■■ ■■ ‘■■O■f!\■►'.H..I■MO\\.►\f►R\■ MO M IMMOMIONIOMMILIMIEMALOIAll NMI IIIMMII•\■O■\■\■►OLIMIAMMI O M ■■■■■■/■■■OMMOOL.\\■MI•\\'■\►U111. u▪m :2 Illilki�j1iViii 1 :: '49 4kk ‘‘kkkN�`mu■■ c .r O ' ,,, N :C € I '‘ kk4!`\\�, el- MI :: _ 4o !1111 N M 1% ��`, N M i�� N S ■■ 1111111 a N *- O a In sayoul'(o)powu{o+10 2-40 4141 Figure 2-27.—Time of concentration(T)nomograph O 2 .: 2_:: •5' .. [ e 41..41.... t is ',..n:41/.-///:u.1 1 - - "' t -- —::::;26''221. : -. • •.•. • .7 4141. i ' • u.- • p • 41U . .. ,.n, 41u s f!jM11: •411//:/11.`u..` d • ::1.! - 1/u?u.'nh, S 1111111111 4=! :t:11111!1111►:111►!11.41►l111111111/111111111111111111111III11111111111.111 1111111111 11:11111:f ;C:2C.N:f:h:1C:L."1'"1_:1::t:DC:DC'SC'SG:SC'Yr.1':1t1:11:: 11111111111 4101111011111!111:51W11:4111111111111111111111 111111111111 F 11111111111111 11:11►!Qll:lllili1'II;!II:l11:!IIIIIIIIIIIIIIIIII IIIIIIIIIIIE - -._- .f: .. .t 1141...•• !. • :4111. .r . _ .- - - I . -.. • • 41.41• • p//J :u. al •41u: .Y///: : :41...:/.► 0411.• ! ZillibNIII • 1111111:11111....11i112Liall11:11111....111111111.411i.glilit :iii:111.11.14111►41111/111 1111!11111!11111►11111211111:11111!111111\IIIIIIIIIIIi!11l11111:11111►1111:U1l1lb!IIIIIII !11111!11111!11111111111:11111!11111!11111x111111111111:11►41111i!1111i!111i!11:111M11 g 11:11111:11111►111IIMILIMICIII IIII11!IIIIIIIIIIIliMPIlllillllli!Illil11:IIIM a :=x :1::[::t::t: ::x=f:x`;: "' . _ '51 E I , � . 4 Iu[I......Mining..I[1 OCIIIII: 'U111 '.Vl 11Until":ISI..ullnnnlill IIIIIIIIIIIIIIIIIIIIIIIIIIII `11IIIIII111:111y1�.11 .I 1! 11111!11111111111111111 f. 1111111111111111111111111111 • '111Wy`111N�'II►41:11111:II111!11111!11111:111111111111111 $ 111111111111111111111111111III 11111►11111:11111i!IIIIil1111:11111:11111:1111111111111 r 4141 i .• 4141.. - - .......... •.41.41 :: I '. IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII/IIIIIIIIIIIIIIIIIIII01.210IIILAIIIIi....Il►.1111 IIIIIIIIIIIIIIIIIIIIIIIIII111111111111111111111111111111111111:11111;11111:11111:111111\11 g IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIHIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIi!1111:llllli!1111:l1111 2-41 p Table 2-1.--Hydrologic sal groups be J.S.IoM(wntMud) MKNI OCONELYPIK OLD CYO ON 0110MOVKICAKa N agyO CON!! OLDKKS /O OONIO OSD01N. NOoaOKI[LT IMLLCON10 OLDHAM OOINIK•O MCr NMKI IOY Om/t• OLDS • D/\IN OSCAR ANNA OCKAIOC /0 M►10 KCKK lIMONUMD ONOYCOC. • 00010. STONY OSSKO *▪MICA OCOK6 OAT KSSSSS1KKl COCOCK OSHA NUNN M AKI CUMIN NUNN KANO 00• OSHKOSH AtT w-N. NOK /0 ORACLE OSHONA ODES N UCOR\M OKLL EN COE, OAK* /e OKI OSIIO OMAN 1M• SOa1 00/ OLIO NION (HANK 'OSKK • ean Col OMoti OLr MINUS*PUSS 004 • STOAT OLEO OOINO OICNKuIa OSOOO W t•lL OUau ORCoO MICKY COIN COCAS GOOK W ILCI 000c CLICK KCN•MO OSKIM 000 KIN 000NNQL OLI►D•Mi wt • WU10W OLINDK 000 /0 MKT AUTPNIV0S(I OAST OLI\lwE1N OKNE OSl 0 S AVE 01/INOE CHAO Male ONIONS Of tOEMKO OIY TASK OataNOK M\NOS[ /0 OKICN[! I O OKY•M 0 OLNI I! °KILO OtMOO a OOlND• @lMalle C/0 WOKEN MILKS Ot ISCO WOKEN ON! l:' O0IK0 DNIILL Oats.\ 0_It10 010M0 OLOCYI OAK OLIN OwHO OOOOOWO 00101• • /0 OAK SLIM OHIO OLK1•LI 011/ MOLT 04,40 OKWOO ONICOM an IA ORINONI OHO, °LOT CO /0 SON OEKDEN Oat" OlM OSIO ORIONculotte • OJEI• OLSON COSTA OEKHILL N 0 OI1YNOl KaW1s/ OJIIO DOIIoss. DRAINS° OKAY OJItoO OL\IC OIL• O•KLai ORLEM OEKL 11[/tO OMEa SOLEM00 OUACHITA I LLa p1EM OAKS OKIa OWRO OEKMID/O OAK1 DYLK OASIOYIE 0K! O1l.E CONISTON OYOICO OASIS aa OM10 OKAY . oaILEMS • /0 OWI @WILE• nICLANI•. 0000 IRK KENMNOE ONOOO °UCLA, OATUU I IIDEL O ORO 11•MDa OUTLOOKLOOK 00EN10N Oa![l•HtE. /LOOKS ON• /O OO000640C0W DRAINED ONENI• KENO I Dlt KCM aa Or EN KISOO OKIOIE K0•St ONESNM OmanorENO0 SI•r *KAMA gf[VIIH to DLO OW.• OK KINKS 000. STOAT CAECO OK. CY KWMI /O OATH.OC•L• OVID JI. IMAGO0N/0M1• OK\ILIO OVINE OCEM• OAK. O S• /M•Na• OCCOSY N O III' 1111 COINS OCCYN OK GURNEY O W 1• OMOMS Isf OMa/tO CIMINO SPIN COCCI Kt•NO OMlNIO1MN OCIK\!O•M OLE OWN, OCNIOCO01[l OLAA ONIA0molt. ON INS DOIML• ECiS OLEO OHIOO OtHO OL•NCNO OMIONESOM °CHOP/[ a OL•ND Ka /0 OCIS lilted& OOSILO oIMIO OMINIt OCILLA OOIHM KKK OCKIar 'KKK OS•000 OICK[l OCR[[ /0 CLOUT COCAS* MOItSI TAO HYDROLOGIC SOIL GOOKS SUCH AS DK NOOOOOO TKO OOODOOICO C~OII NSO IISwMUK1.10YMO IN SOIL NY Lea[W. MKIII[a/ SHOM1. 1.0.. KOIOCK 1W 248 Table 2-I.—Hydrologic soil groups for U.S.salt(contlnusd) YILLY. 01.11[0 N O.LII• 014484.01011YA140.f V/Na[L VIIOt • J0 /1144 VI Y.Na V1NA VINWAIO 11.044 t 1111[[114[1 t1.Lt YAM14IIN Y[IOYN JS WWI - JO YINC[NI 'MAW WILL UM.O1 r I NCON V[A{!114{ INOICIIO' VILA VI 1ACAMa01. 1LLLACC 41100 NAtOIA YANSICOLM v[al 111 NA(&&&&& 00 I0 VA {1[lll 1101IAf 1ALLII1MIOO v[.J[LI0 •INI1f ILL J0 .4000445 • ID ' NONVLOOY[O VINLAND VASIN ILL 11N110 1AOW 10 V INS ON YASCO YIN[ YII• VII •101000/M •!1H11A 1 •ANILUN. CLAW LOAN MANIA V1N10N SIN t111CYN •1.014! YIIO /5 VIIAION ••501[111[ WALs1 v uIN[ IS •ALSICAO MINA .14 0. 0[./4t 1101411 VI VAN. VIOMIi1 SNOW VINUN 111014 v411 11110 1101114 11141 loam v[ •1111" 11111 114K1 NANIIIA 111. VIIa1 111111[ NIM1IYL/ NILVILLI YAtWtt V SAMLY1[ VANSA• 01111[0 1 NUM .ANOO YIW1 NANO[TON NA1[al • rr[utw/ IC 11YN 1.NSIIOIN YOIC •veil 11.1 lIN{Ill •AN00 L14- A Vet. VIVI NIIW4 4VA UCLYfl • VIM.. VU ♦ICCIINO VAIINN VIICAO01.11 VAIAMA MIAs. TIM VIVO VAIA1OA ..40011• VIA Y11M 1LtCN vA vA VANILLA WIIILYA V41 viS0 fl1 VANN 'CATCH 'ISO 1001 VAIMYNA 'CATCH* SION1 11101.1 VANO{A It 1110.5 101\1! 1.10•!1 11111 •4[011 vita 10.A004.ASH VA1101e ■ANt[O. OSAINIO vICKISW VOLVOS semis 10.0014 OH WW IS VICtIMt 111111 VA0AL4 S[ONOCa VISA VICISIU• OU YOLCC 5Y1SINA7YM VISA 1111 v1Cl4tWt 101114[ VAINOL LLLLL• OL0/OCR Y 0\111• Y.INOIA VISA O.J.1W .IC*1N4 VO\RN.O 111011411 11l0. Value. '[ . COOL vICIOI sills VICIVI VIII 'API VIC10\VITILL{ Vol. V.0IMIti1 Y 1C IOl1 volt a/ VA{!4M .400 MS 11CV •0. ......0144C111.1.1• 1441140 N ►INII vl LJN Y10A •10.1101 • N.Y[Ll1 1.x101{N VA44N ILL• 11141 1W{IIAIYN 11141 VOLYSI. 111010. 1[1.0140 VIENNA 101. 1 11[010.• TILL ..0/VS SWN.A4 WMVN VISaa •0N11OM 1[NA101 1111. VOOSMI[S 1[111. v14N0L0 104[ VALCOII •100 ILLIS 111!!1[YlM It[ VOSS •401CC VIIINS •4014 VIII VINISIS 11L VKCAN V4M0 OOOOOSat Vita[ WILSON' OD Saw inlNat 1!1114 VILLA V4AS VAL0005* VILLA OOOOO VASAN ICI VALONON VIII SONINif• VENUS VaONOY4 0111140. CLAW vl rill. INO NVOIO.OSIC SOIL 040104 SUCH A4 OK NOICIII IM[ ONIINIC YNOSAINIO ■IIULTION. MOOIIII*S {140114. V.5.. s1010C1 SY\SISAIW. IIVQ 10 A SOICists SOIL 110115 •NISI COONO IN SOIL 010 Lesvos. 2-80 . _ Table 2.2.—Runoff depth for selected L.'s and rainfall amounts' Runoff (O) for curve number of— Rainfall 40 45 50 65 60 65 70 75 80 85 90 95 Inches 1.0 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.03 0.08 0.17 0.32 0 58 1.2 .00 .00 .00 .00 .00 .00 .03 .07 .15 .27 .46 74 1.4 .00 .00 .00 .00 .00 .02 .08 .13 .24 .39 .81 92 1.6 .00 .00 .00 .00 .01 .05 .11 .20 .34 .52 .78 1.11 1.8 .00 .00 .00 .00 .03 .09 .17 .29 .44 .65 .93 1.29 2.0 .00 .00 .00 .02 .08 .14 .24 .38 .58 .80 1.09 1.48 2.5 .00 .00 .02 .08 .17 .30 .48 .65 .89 1.16 1.53 1.96 . 3.0 .00 .02 .09 .19 .33 .51 .71 .98 1.25 1.59 1.98 2.45 . 3.5 .02 .08 .20 .35 .53 .75 1.01 t;‘)!1.30 1.64 2.02 2.45 2.94 4.0 .08 .18 .33 .53 .76 1.03 1.33 1•x'1.67 2.04 2.48 2.92 3.43 4.5 .14 .30 .50 .74 1.02 1.33 1.67 2.05 2.46 2.91 3.40 3.92 5.0 .24 .44 .69 .98 1.30 1.65 2.04 2.45 2.89 3.37 3.88 4.42 8.0 .50 .B0 1.14 1.52 1.92 2.35 2.81 3.28 3.78 4.30 4.85 5.41 7.0 .84 1.24 1.68 2.12 2.60 3.10 3.82 4.15 4.69 5.25 5.82 6.41 8.0 1.25 1.74 2.25 2.78 3.33 3.89 4.48 5.04 5.63 6.21 8.81 7.40 9.0 1.71 2.29 2.88 3.49 4.10 4.72 5.33 5.95 6.57 7.18 7.79 8.40 10.0 2.23 2.89 3.58 4.23 4.90 5.56 8.22 8.88 7.52 8.16 8.78 9.40 11.0 2.78 3.52 4.26 5.00 5.72 6.43 7.13 7.81 8.48 9.13 9.77 10.39 12.0 3.38 4.19 5.00 5.79 6.56 7.32 8.05 8.78 9.45 10.11 10.78 11.39 13.0 4.00 4.89 5.78 6.61 7.42 8.21 8.98 9.71 10.42 11.10 11.78 12.39 14.0 4.65 5.62 6.55 7.44 0.30 9.12 9.91 10.87 11.39 12.08 12.75 13.39 15.0 5.33 8.36 7.35 8.29 9.19 10.04 10.85 11.63 12.37 13.07 13.74 14.39 t Interpolate the values shown to obtain runoff depths tot CN's or rainlall amounts not shown. • • 2-84 Table 2-3a.—Runoff aim numbs. ,or cultivated agricultural lands' Curve numbers for -- Cover description hydrologic soil group— Hydrologic Cover type Treatment' condition' A B C D Fallow Bare soil — 77 88 91 94 Crop residue cover(CR) Poor 78 85 90 93 Good 74 83 88 90 Row crops Straight row Poor 72 81 88 91 Good 87 78 85 89 Straight row + CR Poor 71 . 80 87 90 Good 84 76 82 85 Contoured(C) Poor 70 79 84 88 Good 85 75 82 88 Contoured + CR Poor 89 78 83 87 Good 84 74 81 85 Contoured & terraced (CIT) Poor 88 74 80 82 Good 82 71 78 81 Contoured & terraced + CR Poor 85 73 79 81 Good 81 70 77 80 Small grain Straight row Poor 85 78 84 88 Good 83 75 83 87 Straight IOW + CR Poor 84 75 83 - 88 Good 80 72 80 84 Contoured Poor 83 74 82 85 Good 81 73 81 84 Contoured + CR Poor 82 73 81 84 Good 80 72 80 83 Contoured 8 terraced Poor 81 72 79 82 Good 59 70 78 81 Contoured 6 terraced + CR Poor 80 71 78 81 Good 58 89 77 80 Close-seeded Straight row Poor 88 77 .85 89 or broadcast Good 58 72 81 85 legumes or Contoured Poor 84 75 83 85 rotation Good 55 89 78 83 meadow Contoured 8 terraced Poor 83 73 80 83 Good 51 87 78 80 • +Average runoll condition. !Crop residue cover(CA)applies only II residue le on at Nast 5% of IS surface throughout the year. on combination of lectors that af- ! infiltration fltration runoff.�Including(a) y and canopy ci vegetative areas.(b)amount of year-round cover.(c)smut of grass or close hied legumes in rotations.(d)percent of residue covet anthe land surface(good ) 20%),and(a)degree of surface • Poor acbrrsF I taineltraoon and tend to Increase runoff. Good Factors encourage average and bolter than average In- filtration and lend to decrease runoff. 2-85 Table 2-3b.—Runoff curve numbers tar other agricultural lender Curve numbers for • • Cos description hydrologic soil group— Hydrologic Cover type condition A B C D Pasture,grassland, or range—continuous Poor 88 79 88 89 forage for grating.' F 49 89 79 ea Good r 39 89 74 80 Meadow—continuous grass, protected from grazing and generally mowed for hay. — 30 58 71 - 78 Brush—brush-weed-grass mixture with brush Poor 48 87 77 83 the major elements Fair 35 58 70 77 Good 30' 48 85 73 Woods-grass combination (orchard Poor 57 73 82 88 or tree lam).* Fair 43 85 76 82 Good 32 58 72 79 Woods' Poor 45 68 77 83 Fair 36 80 73 79 Good 30' 55 70 77 Farmsteads—bulldings, lanes, driveways, and surrounding lots. — 59 74 82 86 'Average runoff condition. ,'Poor. <50%ground cover or heavily grazed with no mulch. Fair:60%to 76%ground cover and not heavily grazed. Good: >75%ground cover and lightly or only occasionally grazed. 'Poor: <50%ground cover. Fatr. 50 to 76%ground cover. Good: >75%ground cover. •Actual curve numbecla leas than 30;use CN . 30 lot runolf computations. 'CN's shown were computed for areas with 60%woods and 60% grass(pasture)cover.Other combinations of conditions may be computed from the CN's lot woods and pasture. Wow, Forest,litter,small trees,and brush have been destroyed by heavy grazing or regular burning. Fai:Woods are grazed but not burned,and some forest litter covers the sot Goat Woods are protected from grazing.and litter and brush adequately cover the sou. • 2-86 Table 2-3d.—Runoff curve numbers to urban see& Curve numbers for Cover description hydrologic soil group— Average percent Cover type and hydrologic condition impervious areas A B C D Fully developed urban area(vegetation established) Open space(lawns,parka. god courses,cemeteries.stop: Poor condition(grass cover < 50%) 68 79 86 89 Fair condition(grass cover 50% to 76%) 49 69 79 84 Good condition(gra% cover > 76%) 39 81 74 80 Impervious area: Paved parking lots, roofs, driveways. etc. (excluding right-of- way) 98 98 98 98 Streets and roads: Paved:curbs and storm sewers(excluding right-ol-way) 98 98 98 98 Paved;open ditches (Including right-of-way) 83 89 92 93 Gravel (Including rightol-way) 76 85 89 91 Dirt(Including right-of-way) 72 82 87 89 Western desert urban area: Natural desert landscaping (pervious areas only)a 83 77 85 88 Artificial desert landscaping (Impervious weed banter,desert shrub with 1-to 2-Inch and or gravel mulch and basin bord- D6 90 96 98 ers) Urban districts: Commercial and business 85 89 92 94 45 Industrial 72 81 88 91 93 Residential districts by average lot size: 118 acre or less(town houses) 65 77 85 90 92 1/4 acre 38 81 75 83 87 1/3 acre 30 57 72 81 86 112 acre 25 54 70 80 85 1 acre 20 51 68 79 84 2 acres 12 46 65 77 82 Developing urban areas Newly graded areas(pervious areas only,no vegetation)' 77 88 91 94 Idle lands(CN's are determined using cover types similar to those In table 2-2a). i Average runoff condition. 'The average percent Impervious area shown was used to de- velop the composite CN's. Other sasuruptbns ate as(Slows:Im- pervious areas are directly connected to the drainage system. impervious areas have a CN of W.and pervious areas are consi- dered equivalent to open space in good hydrolo0 condition. 'CH's shown are equivalent to those of pasture.Composite CN's may be computed for other combinations of open space cover "Composite CN's for natural desert landecspkh9 should be com- puted based on the Impervious area(CN . see)and the perilous area CN.The pervious area CN's are assumed equivalent to desert shrub in poor hydrologic condition. 'Composite CN's to use or the design of temporary measures during grading and construction should be computed using the degree of development(Impervious area percentage)and the CN's for the newly graded pervious areas. 2-88 t1 105 .�• 104 103 102 a?It i '-.•'-•:, Ids, _ 108 107 106 .>. ,' I 15 I -- .-- ic---.- ---� it _ 11 i_N N 11_ 1 21_ :1 :/ i _u -—- —--�:1__ _:c _ rte _ . 41 -, •Ar, 1' Y� 1 11 '.. 11j Ir 1 • 1 _ • I 1 (5 II i I WALDE ° I II I STIRIINf. 1 I 14 e II t - ' 'ice. ;. �' ,l0 • 1 I I II �".,.r -35ii \ -y) r ' s r ..� I. 2i • I j„caiy . I I I raft I „1 '. , 1. 24 ni ' IAKRIIRI rr.K Y I .a (............\_.:_.�� /� h1fF' �CJY1� � 1 I I r , ' • ti Fifaq D[a 1 __ I / /1�• :►1Y1. S , .• ;. - it ...�._i'_ I i .3 I.. �,.`1_._•Li _ i .a I+ .r. i-.i-1--h--1-2- �Ji1 is_ -I 40 ^ .. • - III ,• I i I I 1 tSl ) 2 II II I, I• I -, I a I I I ' A MR • etP 'w li ' IeIh ' " ' 21' 1 I J \�1 r' 1 -1e11 21 ifl j I 111=/ 1 I auR1 RIMINI I \J •(• • 1 / N. I IO .!� I I c•.. 1 • 10 If I• !. . 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Fitt(,€se;' REFERRAL LIST NAME: Dennis Neal CASE NUMBER: PF-553 • REFERRALS SENT: November 26,2002 REFERRALS TO BE RECEIVED BY: December 27,2002 COUNTY TOWNS and CITIES _X Attorney _Ault _X Berthoud _X Health Department Brighton Extension Service Broomfield Emergency Management Office Dacono X_Sheriffs Office Eaton _X Public Works Erie Housing Authority Evans Airport Authority Firestone _X Building Inspection Fort Lupton Code Enforcement Frederick STATE _Garden City Division of Water Resources Gilcrest Geological Survey Greeley Department of Health Grover Department of Transportation Hudson Historical Society Johnstown Water Conservation Board Keenesburg Oil and Gas Conservation Commission Kersey Division of Wildlife: LaSalle Loveland Lochbuie _X Greeley _Longmont Division of Minerals/Geology _X_Mead FIRE DISTRICTS Milliken Ault F-1 New Raymer X_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 Johnstown F-8 La Salle F-9 Mountain View F-10 COUNTIES Milliken F-11 Adams Nunn F-12 _X 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-2J Greeley Ditch Company Longmont _X Assessor Office(Chris Woodruff) West Adams _X Kim Ogle(Landscape Plans) • B1 itcce a e--;;;), Weld County Referral 2002 November 26, COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Dennis Neal Case Number PF-553 Please Reply By December 27, 2002 Planner Sheri Lockman Project PUD Final Plan (Mill Creek PUD) Legal Lot B of RE-2835; being part of the SW4 of Section 29, T4N, R68W of the 6th P.M., Weld County, Colorado. Location _ South of and adjacent to WCR 40 1/2 and East of and adjacent to WCR 3 Parcel Number 1061 29 000027 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 Utility Board Design Review Meeting: January 23, 2003 ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan it We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. Comments: U.t'' NAtU-O 43 P(\4 Ca vi.) tt (AS(Ycisk r et \it ` rth r sro �13f1tA f kri SignatureeRIG)ICAtti,m Date �a Agency lO(1'Inol (Kw .l-tanCt +Weld County Planning Dept. 41555 N. 17th Ave.Greeley,CO.80631 •(970)353-6100 ext.3540 •:•(970)304-6498 fax lr'cid Ca � I � rt L 2002 Weld County Referral C. 2002November 26, COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Dennis Neal Case Number PF-553 Please Reply By December 27, 2002 Planner Sheri Lockman Project PUD Final Plan (Mill Creek PUD) Legal Lot B of RE-2835; being part of the SW4 of Section 29, T4N, R68W of the 6th P.M., Weld County, Colorado. Location South of and adjacent to WCR 40 %]and East of and adjacent to WCR 3 Parcel Number 1061 29 000027 - epookk CLAUSE 1O.st a9 000 o S a 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 Utility Board Design Review Meeting: January 23, 2003 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.. ❑ See attached letter. Comments: Signature Date Agency rm c c -tC Q +Weld County Planning Dept. •:..I555 N. 17th Ave.Greeley,CO.80631 +(970)353-6100 ext.:1540 +(970)304-6498 fax a _ Weld WIIDc2 ,. County Referral November 26, COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Dennis Neal Case Number PF-553 Please Reply By December 27, 2002 Planner Sheri Lockman Project PUD Final Plan (Mill Creek PUD) Legal Lot B of RE-2835; being part of the SW4 of Section 29, T4N, R68W of the 6th P.M., Weld County, Colorado. Location South of and adjacent to WCR 40 1/2 and East of and adjacent to WCR 3 Parcel Number 10131 29 000027 • 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 Utility Board Design Review Meeting: January 23, 2003 X❑ We have reviewed the request and find that it does/does not connply with our Comprehensive Plan We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. Comments: Signature /4e&we, b. Ft,Lca„), (014,24. �Q�044;r'a D-¢-C.EA,M,tAe/l. 2 2©02 Agency o- tn,t. 1 /t LrA. ❖Weld County Planning Dept. •:•1555 N. 17th Ave.Greeley,CO.80631 C•(970)353-6100 ext.3540 +(970)304-6498 fax 2 2002 Weld County Planning Department GREELFY OFFICE MAR 6 2003 MEMORANDUM RECEIVED ITO: Sheri Lockman, Planner DATE: 05-March-2003 C. y COLORADO FROM: Peter Schei,P.E., Civil Engineer SUBJECT: PF-553, Mill Creek PUD (2nd Final Plat Review) The Weld County Public Works Department has reviewed this final plat request and has the following remarks. COMMENTS: o The Public Works Department has reviewed final drawings submitted to our office on 04- March-2003. The Public Works Department appreciates the applicant's first-rate submittal material. o The detention pond is a major feature not shown on the final plat. Public Works suggests the detention pond shown on the Drainage Design Detail drawing be open space, belonging to the homeowner's association. This may eliminate any potential future conflict with the owner of Lot 2. This engineered facility impacts the drainage for the PUD and must not be altered by any homeowner. Owners may regrade their lots during landscaping and this often times disrupts the original drainage design. The applicant has created a Detention Pond Easement. Public Works will defer this item to the judgment of the Planning Department. o The Typical Concrete Apron Cross Section detail must reference 6-inches of Class 6 base material for the roadway (not 4-inches) as shown on the Mill Creek Road drawing. This is consistent with the roadway/pavement design. o The Non-Potable Water Line drawing is missing from this drawing set. The applicant shall resubmit this drawing, or provide a written statement that it is eliminated from the PUD design. M 9'Pr4dPlwming RovicwV-Final Play\PO.59 Mill Geh PUOl3nd Final PIP Rcn cwydoc Page 1 of 2 ei Marc!,2003 Q The applicant shall submit to Public Works stamped, signed and dated final plat drawings and construction plan drawings for review and approval. This is consistent with County Code. A registered professional engineer licensed in the State shall certify all subdivision designs. All work shall comply with the requirements of the "Bylaws and Rules of Procedure of the State Board of Registration for Professional Engineers and Professional Land Surveyors" and "Rules of Professional Conduct of the State Board of Registration for Professional Engineers and Professional Land Surveyors— Board Policy Statements." RECOMMENDATION: The above Conditions of Approval shall be fulfilled prior to recording the final plat. Any issues of concern must be resolved with the Public Works Department prior to recording the final plat.* PC: PF-553 Email & Original: Planner 51" PC by Post: Applicant ID. kl t{cd is PC by Post: Engineer Ants 4 465u-it-PC M\Pavwlvmiog Rc,icM3-Final VF553 Mill Creek MID(21,4 Heal PIA Review)LY Page 2 of 2 OS-Mirth-2003 64;to MEMORANDUM 11 I C TO: Sheri Lockman, WC Planning DATE: January 6, 2003 COLORADO FROM: Pam Smith, W.C. Department of Public Health an /"J i. Environment CASE NO.: PF-553 NAME: Dennis Neal/Mill Creek PUD The Weld County Department of Public Health and Environment has reviewed this final plan application. A review of the Board of County Commissioner Change of Zone resolution finds that all the required plat notes were placed on the plat at that time. The Departments'recommendations for approval (from the change of zone)are included as follows: 1. Water service shall be obtained from the Little Thompson Water District. 2. A Weld County Septic Permit is required for each proposed septic system and shall be installed according to the Weld County Individual Sewage Disposal System Regulations. Each septic system shall be designed for site-specific conditions, including but not limited to maximum seasonal high groundwater, poor soils, and shallow bedrock. 3. 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, if required. Silt fences shall be maintained on the down gradient portion of the site during all parts of the construction phase of the project. 4. 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. 5. 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 that are technologically feasible and economically reasonable in order to minimize dust emissions. 6. "Weld County's Right to Farm" shall be placed on any recorded plat. O:\PAM\Planning\FinalPlan\pf553.rtf Weld County Planning D;oa*menr @REELn' 1 11C,F JAN 2 2003 MEMORANDUM R., „4 , 4 O • TO: Sheri Lockman, Planner DATE:,t30/ ecember-2002 COLORADO 1/ FROM: Peter Schei, P.E., Civil Engineer 1/ /' f SUBJECT: PF-553, Mill Creek PUD (Final lat The Weld County Public Works Department has reviewed this final plat request and has the following remarks. COMMENTS: o Easements shall be shown in accordance with County standards and / or Utility Board recommendations, also dimensioned on the final plat. The applicant must show easements (including dimensions) on the sides and back of the lots. o The final plat shows a 30-foot reserve for future right-of-way along the south boundary of Lot 10. A final plat notes states that this right-of-way is dedicated. The applicant must be consistent with right-of-way terms. The Public Works Department would appreciate a dedication of this 30-foot right-of-way and so note it on the final plat. o The proposed bus / mail stop must be out of the intersection sight distance triangle. The applicant must clearly specify the location of the mail box(es) and bus stop, since they are not shown on the final plat. Details and drawings should be included with the final plat application materials. Also, letters of confirmation from the appropriate authorities regarding these facilities must be submitted with the final plat materials. o The Landscape Plan shows trees within the sight distance triangles. The trees must be removed. The Landscape Plan must note that ALL landscaping within the intersection sight distance triangles must be less than 3 V2 feet in height at maturity. o A letter from the gas company was not included with the materials. The applicant shall provide a confirmation letter from the gas company verifying the abandoned gas well and line. ❑ A pavement design was not included with the final plat materials. The applicant shall provide a pavement design prepared by a professional engineer along with the final plat submittal. ❑ The final plat notes states, "Proposed 60' Road ROW". The applicant shall amend this note, by removing the word "Proposed". o The Final Drainage Study of the PUD dated November 01, 2002, by Alles and Associates, Inc., is acceptable in concept. o Public Works suggests the retainage pond shown on the Drainage Design Detail drawing be open space, belonging to the homeowner's association. This may eliminate any M\Pv''TPlvining Rc'icw�-Fh.IPh11PF55J Mill( kPW(Final Plat}J'u Page 1 of 3 3O.D -2002 potential future conflict with the owner of Lot 2. o The Final Drainage Report must address off-site storm flows both entering and leaving the development. The report only described on-site storm flows. A legible topographical map will be required delineating drainage basins. ❑ Stormwater concerns downstream need to be addressed for the proposed culvert crossing CR 40 'h (north side). The applicant will be required to provide evidence of historical storm flow in this direction. The applicant shall address downstream mitigation concerns, since the proposed retainage pond will create a new discharge on the north side of CR 40 'h. The County GIS system shows two residents / property owners directly to the north of the proposed culvert point discharge. The applicant must contact these property owners regarding this development issue and provide Public Works with a letter of notification. If the engineer has questions regarding this mitigation issue, please contact Public Works. o The applicant will be required to obtain a County right-of-way use permit from the Utility Agent to cross CR 40 'h, prior to recording the final plat. ❑ Storm water conveyance is shown as a new eight-inch culvert crossing CR 40 V2 on the Drainage Design Detail drawing. The drainage analysis shall include calculations explaining the sizing of the eight-inch culvert for the retainage pond. ❑ The `retainage pond' should be properly renamed a detention pond. o Culvert end elevations must be shown on the drawing, since this proposed culvert crosses the roadway and must outlet (from the existing drawings it does not appear feasible). o The culvert outlet discharge rate (velocity) must be addressed, since a head will be operating at the 100-year storm event, and there is a concern for erosion damage. o The retainage pond should be dimensioned and include details pertaining to construction. The outlet culvert construction details must be shown, since assumptions were made with respect to the final drainage report calculations. A bottom of pond elevation must be shown on the drainage plans, as well as a top of bank elevation, and a cross-section depicting required slope(s). These details are required, since the contractor will not review the final drainage report (where these details are given). o The applicant shall submit to Public Works a letter of confirmation from the appropriate ditch owner(s) regarding the proposed non-potable water line, which will replace the existing dirt ditch along Mill Creek Road. ❑ The applicant shall identify the four-foot concrete ditch miming through the agriculture Lot 10, and also providing a letter of confirmation from the appropriate owner(s) regarding this development. ❑ The applicant shall verify the 30-foot access pipeline easement shown on the final plat, by providing a letter of confirmation from the appropriate owner(s). ❑ An initial check of the improvements agreements looks good. Donald Carroll of Public Works will make a final review. His comments will follow upon his return from holiday vacation. M PnmPluminy Revicw3-Fi, PIMP-553 Mill Creek PUD I Rid Plat)doc Page 2 of 3 3OAm2OO2 RECOMMENDATION: The above Conditions of Approval shall be fulfilled prior to recording the final plat. Any issues of concern must be resolved with the Public Works Department prior to recording the final plat. PC: PF-553 Email & Original: Planner PC by Post: Applicant PC by Post: Engineer M,CPetePwmu,Y ReviewdFinal RusF553 Mill Creek PUD(Pina}P110 doc Page 3 of 3 30-Dec-2002 Weld County Referral C. 2002 November 26, COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Dennis Neal Case Number PF-553 Please Reply By December 27, 2002 Planner Sheri Lockman Project PUD Final Plan (Mill Creek PUD) Legal Lot B of RE-2835; being part of the SW4 of Section 29, T4N, R68W of the 6th P.M., Weld County, Colorado. Location South of and adjacent to WCR 40 %and East of and adjacent to WCR 3 Parcel Number 1061 29 000027 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 Utility Board Design Review Meeting: January 23, 2003 ❑ 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 inte rests. See attached letter. Comments: Signature • -.-.Date /7— /,g h Z_ Agency +Weld County Planning Dept. •}1555 N. 17th Ave Greeley,CO.80631 4(970)353-6100 ext.3540 4(970)304-6498 fax • T 'd E6SOS8tEOE Jolson' auuezns dnc : TO ao 8T cart STATE OF COLORADO R w Bill Owens,Governor LO�-"i(JO DEPARTMENT OF NATURAL RESOURCES DIVISION OF WILDLIFE 3 l� AN EQUAL OPPORTUNITY EMPLOYER } .Ayq Russell George,Director ON OF Bo60 Broadway For Wildlife- Denver,Colorado 80216 For People Telephone:(3r 3)297-1192 December 18, 2002 Weld County Planning Sheri Lockman 1555 N. 17th Ave. Greeley, CO 80631 Subject: Mill Creek PUD Final Plan, case number PF-553 Dear Sheri: I have checked and reviewed the subject property and proposed development as to potential impacts on wildlife. The area generally cannot be considered as critical habitat for any wildlife species. With the gifted conservation easement, it appears that land south of the existing concrete ditch will not be encroached upon and thus, existing wetlands will not be impacted. Also,the Mill Creek plan calls for clustering of the homes with remaining lands left for open space. This helps to minimize impacts to wildlife. However, a check with the Division's Denver Office or with the U.S. Fish and Wildlife Service as to the Preble's Meadow Jumping Mouse and recommended buffer zones may be appropriate. For added wildlife benefits,the Mill Creek Subdivision may consider seeding a portion or all of the agricultural lands surrounding the wetland areas with native grasses and removal of existing Russian Olive in these areas. Prairie dogs inhabit portions of the land where there are proposed lots. Prairie dog removal on this site should take place prior to development or construction work begins. Trapping/transplant efforts or euthanasia are legal options for prairie dog removal. Euthanasia efforts must occur though the use of approved toxicants, and trapping and transplanting of prairie dogs requires prior approval of the Colorado Division of Wildlife. Note that bulldozing active prairie dog colonies is not an acceptable method of removaL Furthermore, since prairie dogs are present at this site then surveys are needed for western burrowing owls(listed as State Threatened)which may also be living in prairie dog holes. Bird species are protected by law and killing a burrowing owl is illegal. Please refer to the accompanying sheet ("Suggestions for handling burrowing owl issues")and the following should be observed: -If construction is to occur between March 1 and October 31,the area should be checked for the presence of burrowing owls prior to any earth-moving taking place. The owls are susceptible to being buried and killed in their holes by construction activity during the nesting season. DEPARTMENT OF NATURAL RESOURCES,Greg E.Waleher,Executive Director WILDLIFE COMMISSION,Rick Enstrom,Chair•Robert Shoemaker,Vice-Chair•Marianna Rafopoulos.Secretary Members,Berard Black•Tom Bake•Philip James•Brad Phelps •Oive Valdez Ex-0Rdo Members,Greg E.Welcher and Don Arent 2d EGSOSBbEOE .regsofN auueznS doE : TD 20 of Qaa �, -If construction is done between November 1 and February 28, it is very unlikely that owls would be present since they migrate out of the state during the winter. Coyote, fox, raccoon, skunk, deer, songbirds,raptors and herptofauna may frequent this area. Occasionally the Little Thompson may serve as a corridor for black bears and mountain lions traveling east and west. Homeowners should be made aware of the presence of native predators. Pets should not be allowed to roam free. The Mill Creek Subdivision Covenants specify that homeowners may only have at the most four(4)horses, four(4) dogs and four(4) cats and other indoor household pets not to exceed four in number. Horses, dogs and cats should be secured with wildlife proof fencing appropriate for the species being raised. Pets as well may negatively interact with wildlife even on the home-sites and homeowners will be responsible for handling these problems. Homeowners should secure pet and animal feeds, trash containers, and charcoalgas grills. Pets should have current shots. All control of nuisance wildlife will be the homeowner's responsibility with the possible exception of bears and mountain lions. Homeowners should also be aware that hunting may be an ongoing fall and winter activity on lands surrounding the development. Shooting will occur normally in the early mornings until dark on these areas. The sounds of gunfire may be somewhat distracting, yet should be noted to the potential owners and developer. Thank you for your consideration of these comments. S. cerely, S ,ma c - 45714 Suzanne Turner-Kloster Wildlife Manager Colorado Division of Wildlife 4207 W. Cty. ltd. 16E Loveland, CO 80537 Cc: Mark Leslie,Area Wildlife Manager c3 w U) Ed ESSOSS4EOE JagsoTN auueznS doc : To 20 BT oaa Weld County Planning Department GREELEY OFFICE 6 oLc t 2002 N) RECEIVED Weld County Referral illip C. 2002 November 26, COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Dennis Neal Case Number PF-553 ! Please Reply By December 27, 2002 Planner Shed Lockman Project PUD Final Plan (Mill Creek PUD) Legal Lot B of RE-2835; being part of the SW4 of Section 29, T4N, R68W of the 6th P.M., Weld County, Colorado. Location South of and adjacent to WCR 40 %z and East of and adjacent to WCR 3 Parcel Number 1061 29 000027 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 Utility Board Design Review Meeting: January 23, 2003 ❑ 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 attached letter. Comments: Signature /ie • AA- Date 141x5/ pa Agency /1 frKyn29G>Z urilL__/ 475.7Ad 'T 4Weld County Planning Dept. 41555 N. 17th Ave.Greeley,CO.80631 4(970)353-6100 ext.3540 4(970)304-6498 fax 468293IA Thompson Scnool District R2-J Development Impact Report Mill Creek PUD (PF-553), dated 12/13/02 with 10 dwelling units, is located within the current attendance boundaries of Ivy Stockwell Elementary School, Turner Middle School, and Berthoud High School. Construction is estimated to start in 24 months and build at an annual rate of 3 dwelling units per year resulting in an expected growth in enrollment of 3 elementary, 2 middle school and 2 high school students by 2008. According to Master Plan 2002's five-year projection, the estimated student population from this development, and others that have received final plat approval, will not cause district enrollment to exceed service level C. Five years is the longest projection time frame considered reliable. Capacity Compared to Student Enrollment(based on October 1 Count) District-wide Enrollment Local Area Enrollment 0 0 d • O O L. Elem MS HS Elem MS HS IVY TMS BHS IVY TMS BIAS 2001 Enrollment 2006 Enrollment 2001 Enrollment 2006 Enrollment The standard level of service for the Thompson School District is Service Level C or better O A(Below Capacity) C(Extended Utilization) U(Underutilized) na B(Design Capacity) D(Over Capacity) O Student Enrollment Comments: • Ivy Stockwell Elementary is currently at service level A and is expected to remain at that level during the next five years. Turner Middle School is currently at service level A, but could drop to service level U during the next five years. Berthoud High is also at service level A, but it is expected to remain at that level for the next five years. • The District's citizen-based Master Plan Committee (MPC) monitors capacity levels at each of the district schools and makes annual recommendations for responding to projected enrollment changes. In consideration of the probable impact(s) of this development, the MPC may recommend using one or more of the tools described on the back of this report. The selection and timing of the most appropriate tool(s) will be determined by the Board of Education. These tools do not affect class size or services available to students. The student-to-teacher ratio is based on per pupil funding, which is determined by the State of Colorado legislature. • The size and location of this development indicate that the school district land dedication requirement should be made in the form of pavntent-in-lieu-of land dedication as per our intergovernmental agreement. • The current attendance areas will require bussing at all levels. • We recommend street lighting at all bus pick-up points to assist wintertime safety. /"•‘ ^ 468293IA Tools for Accommodating Cha..ging Enrollment Tool: Some Indications for Use Are: • School Closure There has been long-term low enrollment;building in poor condition and is uneconomical to repair • Site-based space reallocation Determined by individual school priorities and programs • Boundary adjustment Some schools are too full while others are below capacity 'Active'adjustment—affects many students; impacts existing neighborhoods 'Passive'adjustment—affects few or no students; mainly impacts future development • Installation of portable classroom All classrooms on site are fully utilized. • Bussing to another school Some schools are too full while others are below capacity. • Modified daily schedule Determined by individual school. • Off-campus classes in non-school locations The enrollment exceeds the capacity provided by other options and no bonds for new construction have been passed. • Multi-track year-round use All other options have been exhausted and no bonds for new construction have been passed. • Construction of a new school or an addition Public passed bonds for new construction. to an existing school These tools do not affect class size or services available to students. The student-to-teacher ratio is based on per pupil funding, which is determined by the State of Colorado legislature. School Capacity Service Levels Service Level A(Below capacity): 75-100% of design capacity The building contains fewer students than it was designed somewhat higher than desirable. High schools may not be for and it has 'room to grow'. Excess classrooms may be able to offer a full range of elective courses. This level is utilized for specialized purposes(i.e. publishing centers)or typical of the period after new buildings have been opened. to house district-wide special programs. Operating costs are Service Level B (Design capacity): 100% of design capacity The number of students and the intensity of room use match point from which all other service levels are measured and exactly the building design parameters. This is a compared. momentary condition and should be considered as the ideal Service Level C (Extended utilization): 100-125% of design capacity* The building contains more students than it was designed schools may need to modify schedules but are able to offer a for and some areas intended for other purposes may be used wider variety of courses. The number of students in a class as classrooms. Portable buildings may be utilized to house and the quality of educational experience are minimally special programs or as additional classrooms. The cafeteria affected. Operation is very efficient(fixed costs per student and playgrounds may be scheduled in shifts. Secondary are low). This level is typical of a growing district. school halls may be crowded between periods. High Service Level D(Over capacity): over 125% of design capacity* No more portable buildings are feasible. Many spaces areas (cafeteria, media center, gyms) are overburdened. intended for other purposes are being used as classrooms. Operation is generally efficient but maintenance needs rise Some classes may be held in nontraditional locations. rapidly. Staff and students feel stress. General quality of Building capacity is increased by scheduling more hours of the educational experience may decline. This level is school (i.e. split sessions, more periods in a high school day, typical prior to passage of a bond issue or in districts that night classes, multi-track year-round use). High schools are unable to pass bond issues. may have more class offerings. Halls and other common Service Level U (Underutilized): less than 75% of design capacity Attendance is so low that fixed costs (utilities, support and grade classes or teachers in school only part of the time than administrative staff, special teachers) are disproportionately other schools. This level is typical in shrinking districts or high and must be subsidized, reducing funds available to attendance. serve students in other schools. May have more combined- *This range varies and is dependent on the configuration of the individual school site. The standard level of service for the Thompson School District is Service Level C or better. CBERTHOUD FIRE PROTECTION DISTRICT Box 570 • 275 Mountain Ave. • Berthoud, CO 80513 • (970) 532-2264 I� December 6,2002 Sheri Lockman Weld County Department of Planning Services 1555 North 17'"Avenue Greeley Colorado,80631 Re: Mill Creek Estates Dear Ms.Lockman: This proposal was previously reviewed on 10/18/02 and our remarks stand with the following addition In the event a sprinkler system is required,work must be done by approved contractors.Both the sprinkler contractor and the excavation contractor(who installs the sprinkler system supply line)must be licensed by the State of Colorado,Department of Fire Safety.Proof of such licensure must be provided to the district.A flow and pressure test is required on the supply line from the main to the structure before the line is covered. If you have any questions,please direct them to me at your earliest opportunity. g/4741 R y, Lee Brian Scott Deputy Fire Marshal CC: Arnie Best Johnson Todd Hodges Design,LLC AN EQUAL OPPORTUNITY EMPLOYER .veld County Planning Department GREELEY OH:ICE DEC 0 4 2002 MEMORANDUM ED To: Sheri Lockman From: Ken Poncelow Date: December 2, 2002 Subject: PF-553 The sheriff's office recommends the following improvements for this housing sub-division: 1. The sheriff's office requests that builders and developers designate an area by the entrance of the sub-division in which to place a shelter for school children awaiting the school bus. This area should also include a pull off for the school bus which enables it to safely load and unload children out of the roadway. This appears to be done on the plans for this sub-division. 2. Either a mail distribution within the sub-division or a central drop off location within the sub-division should be developed so that residents do not have to cross a county roadway to obtain their mail. This appears to be done on the plans for this sub-division. 3. The names of all streets within the sub-division should be presented to the sheriff's office for approval. This will eliminate duplication of street names within the county. The name of the street in this sub-division is approved. 4. A permanent sign should be placed at the entrances to the sub-division detailing the name of the sub-division, address, and a graphical presentation of the roadways within the subdivision. There should be a plan developed to maintain this sign. 5. If the roadways within this sub-division are not maintained or adopted by the county, individuals purchasing property in this sub-division should be notified that the sheriff's office will have limited traffic enforcement powers. 6. A plan should be developed to maintain roadways within the sub-division especially during inclement weather conditions for emergency vehicles. 7. The sheriff's office is very supportive of homeowner funded homeowners associations. These associations provide a contact for the sheriff's office and a means for maintaining common areas. 8. If there is a oil or gas well within this sub-division. This needs to be fenced off in order to mitigate the potential for tampering. These facilities are known to create an attractive nuisance for young people. Tampering not only creates a significant danger to safety but also of environmental damage with extensive mitigation and clean-up costs. 10. The sheriff's office requests traffic calming measures be implemented such as bike paths and speed humps slow traffic in this residential area. 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. 4t MEMORANDUM WITO:`De TE: December 2, 2002anner II COLORADO FROM: Kim Ogle, Planner III \tA SUBJECT: Final Plat, PF-553, Mill Creek PUD Dennis Neal, applicant Todd Hodges, applicant's representative This proposal is for a ten lot Planned Unit Development (PUD) with one agricultural outlot consisting of approximately 99 acres that has a conservation easement place on it. There is non-potable irrigation water available for the agricultural lot and for the nine residential building sites. It is presumed that the agricultural lot is non-buildable. The Department of Planning Services did not receive a Grading Plan for this project. Thus staff will defer comments concerning the on-site grading, contour intervals, unique physical topography, including any drainage concerns. The Department of Planning Services reviewed the Landscape Plan, dated October 31, 2002 and offers the following comments: The application materials identified the location of the Entry Statement/ Sign west of and adjacent to the internal access road. The proposed sign for the development shall conform to Section 23-4-80 of the Weld County Code. The proposed mail box location shall be located on site in an area that has adequate sight distance from Weld County Road 40.5 and the internal access to the Mill Creek PUD. Evidence shall be provided to Weld County Department of Planning Services from the applicable Post Office stating that this location meets their design standards and delivery requirements. Should a single pedestal mail box not be the preferred standard, written evidence from the applicable Post Office shall be provided stating the contrary. The proposed school drop off/ pick up location shall be approved by the School District. Written evidence of compliance with their standards and requirements shall be submitted to the Department of Planning Services. The applicant has proposed an emergency point of ingress/egress from Weld County Road 3 into the development. This access shall be gated with a Knox Box locking mechanism or equivalent and shall be approved by the Fire district. Further all requirements of the Fire District shall be addressed, specific to weight loads and surface requirements. The Home Owners Association shall be responsible for maintenance of this road. The applicant shall identify a road name for the proposed development and provide written evidence from all applicable service agencies that the proposed name is in compliance with their identification/ naming protocol. SERVICE,TEAMWORK,INTEGRITY,QUALITY r r The applicant has submitted a proposed plant material location within the open space lot. The proposed plant material shall be identified and labeled on the Landscape drawing. It shall be noted that the Home Owners Association shall be responsible for replacing all dead or dying plant material. The application materials address the issue of wetlands and the conservation easement for the site. The applicant shall identify significant stands of riparian vegetation, including sedges for areas in and near the wetland areas. Additionally, the plant material species for the conservation area shall be identified. Should the land be planted in agricultural crops, this shall be stated. End memorandum. SERVICE,TEAMWORK,INTEGRITY,QUALITY BERTHOUD FIRE PROTECTION DISTRICT Box 570 . 275 Mountain Ave. • Berthoud, CO 80513 • (970) 532-2264 To:Sheri Lockman October 18,2002 Weld County Department of Planning Services 1555 North 17th Avenue Greeley Colorado,80631 Re: Mill Creek Estates I have received documentation on the preliminary plat for the Mill Creek Estate subdivision.The Berthoud Fire Protection District has no issues with the plat as presented as long as the emergency acmes road is of all weather construction,and able to sustain the weight of fire apparatus should the need arise.We would also approve the use of a Knox Box to control the emergency access. However,the district now requires that the developer provide proof of fire flow from the hydrants in the subdivision before any building permits are issued. The Fire District can perform this test at the request of the Little Thompson Water District and upon payment of the appropriate fee for the test to the fire district. The fire district shall maintain records of this test.Once such tests have been performed,additional tests for additional p.,units would not be required unless the district or the applicant feels that a significant change in the flow has occurred. So long as the fire flow meets the departmental minimum of 1,000 GPM,the subdivision is approved by the fire district for homes up to 3,600 square feet. Homes larger than that will require larger a fire flow as determined by table A-III-A-1 of the uniform fire code. In the event that there is insufficient fire flow available,alternative fire protection methods must be employed. This generally means that residential fire sprinklers will be required. Such systems must be reviewed,approved,and inspected by the district.The Berthoud Fire Protection District is also considering the implementation of an ongoing inspection program for residential sprinklers in the future. Construction requirements for the Berthoud Fire Protection District are currently drawn from the 1997 Uniform Fire Code.From time to time these source documents are updated or amended.In the event that there is a conflict between the requirements of this letter and updated requirements,the newer requirements in effect at the time of plan submittal shall apply. If you have any questions,please direct them to me at your earliest opportunity. Respectful# Lee Bri Scott Deputy Fire Marshal Berthoud Fire Protection District CC: Anne Best Johnson Todd Hodges Design,LW 2412 Denby Court Fort Collins CO,80631 AN EQUAL OPPORTUNITY EMPLOYER MILL CREEK PUD LANDSCAPE PLAN PART SW 1/4 SECTION 29, T. 4 N., R 68 W., 6 P.M. WELD COUNTY, COLORADO t a...-z ... t ..on[MIMI.1NA YO Ma PUP.MP .arEtin Tr Ron 47:-...".. .w..SP �.1,�_wRA ON t a r VP Y N r es�rRGAF6 am•on =X `OX i ,=r. 7o n n n ..••rw.••- 676:.. y ^, Si,. YS:. / di le ~ NO S � s aILIE % " VP•to n ..'ir 'T�. yy� I It•:.. 70 7,` n n esigw. 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J jN.• prw•.«•....'...r.^...•w.r.wr YM...♦ .•.. •"rl 'I... i...2r ::-'1,v2.1, ...:•a[•a...-a.-Cr a.u.:■ rn.w....a..,..x.......u.r..�+w.r•••••••••••••• --. •.[•AM:.•al..+a..art ..•N r...-. I ...•a.'a..•.a.•lr.•a c•:■ Serras 4 ■•'., a.::•ta••.a..':a■.:.•.•■ .w ..r..rood L. BATT M•S_I__ 7 _ BM Jr, Onlcufr ' mut AN AIIOd111K IR 'Dnm b,•�1_-, D..['sv7v. D PEAL TT J.GS MAMMAL PLAT 1 I I. _ w■(IS X,u I.w.a.rare .n,$ JE SPA.•,n", LOT 14 N••}1N,►ART N V1 NOTION N•T.4 Y.R N U,1►Y ..ter 1.+41-•ter ''.'6.d._ k_ APPrc„rd�SBL OIJG.=WE or Tip Man OCIOMOO I g. r QUIT CLAIM DEED - Tins DEED, made ma 14th day of August , 2000. between Plains View Development Corporation, a Colorado Corporation a of lbs County of Boulder and SSN of Colorado • yanb,(s).ad Dennis W. Neal whose legal edema is 4770 Baseline Road 8200, Boulder, CO 80303 e of the County of Boulder awl State of Colorado ,panta(ak WITNESSED?.Tits the panodal for and is aonabmaust of the amid TEN AND NO/200 the receipt and sufficiency of which k Do l QUIT CL y hereby acknowledged.onto,the maerad.Naawd,sold,w sad CLAIMED. and by Mesa promo does rcmW,release,salt and QUITCLAIM onto pantm(s),Ids hays,successors aed wsig,u,forcva,all die right.tide,iniesat claim and demand which the pawor(s)has in and to the seat properq,together sWr imenne minus, if any.situate.lying as bees in the County of geld .and Slate of CohrWo,described as follows Lot P. Recorded Elampt ion No. 1061-29-3-RE941, except that portion convoyed in Deed recorded in Book 43 et Page 496, being a part of the Southwest Quarter of Section 29. Township 4 North, Range 611 West of the 6th P.M., County of Weld. State of Colorado NO CONSIDERATION also known by erect and another as 19092 Weld County Road 3, Berthoud, Colorado 80513 TO HAVE AND TO HOLD the nano.Dated=will Ai and singular Ohs appmMaawer and pirileta themes khe,ging,or ht anywise Umeuato appmenlns and all the estate,tight lith.intergt,and claim whsuoeaer,of the pawnds),either ie law or *Wiry,to the may papa ow,loam and behoof or lie frauent.).his bans and assign.Weser. The singular number dull include tin phenol the plural thesintoine and theme of any gender shall he applicable le ell soden. IN WITNESS WIIEREOF,the granmr(s)has executed this deed on the dale set forth above. Plains Vi Development Corporation, a Colorado po ion by: .ff / Dennis V. ,, President gre £'opt ` 0 `se e.lc /G ir STATE OF COLORADO I 4 dish td COUNTY OF BOULDER Ise 1 The foregoing imnsewnt we.acknowledged lu:Wa ono this 14th day of August , 2000,1 Plains View Development Corporation, a Colorado Corporation by Dennis W. Neal as President. • My Contention-pima: MARK NEISES' ... .. wiles my land ad rent sea NOTARY PUBLIC wedeln] STATE OF COLORADO "' q uwtr Notify oldie NrCO MliMinn Fei'vn59121!002 °tar CLAM DEED,wave Ewa CILIUM m From Land Title .—.. Tue 06 Aug 2002 09:20:32 AM MDT Page 1 of 8 • • Land Title aerate QIS Gorr v TQNHRfSIRBil1 Date: 08-06-2002 Our Order Number: FC25003828 Property Address: VACANT BERTHOUD, CO 80513 RFIMAX ALLIANCE 4770 BASELINE RD 8200 BOULDER,CO 80303 Attn: DENNIS W NEAL Phone: 303-499-9880 Fax: 303-499-1755 Copies: 1 Sent Via Fax ramtELBEie Received Time Aug . 6 . 9 : 20AM From Land Title Tue 06 Aug 2002 09:20:32 AM MDT ^ Page 2 of 8 tarp litle lagrartm Qrrpaiiy YCURCCNTPOS Date: 08-06-2002 Our Order Number: FC25003828 Property Address: VACANT BERTHOUD, CO 80513 Buyer/Borrower: Seller/Owner: DENNIS W. NEAL If you have any inquiries or require further assistance, please contact one of the numbers below: For Closing Assistance: For Title Assistance: Ft Collins "FC"Unit Dan Greenfield 772 WHALERS WAY#100 FORT COLLINS, CO 80525 Phone: 970-282-3649 Fax: 970-282-3652 EMail: dgreenfield@Itgccorn Need a map or directions for your upcoming closing? Check out Land Title's web site at www.ltgc.com for directions to any of our 40 office locations. ESi1MATECF1ITLE FEB TBD Commitment $170.00 TOTAL $170.00 Form CONTACT THANK YOU FOR YOUR ORDER! Recen/ed Tlme Aug . 6 . 9 : 20AM From Land Title ,.. Tue 06 Aug 2002 09:20:32 AM MDT .-. Page 3 of 8 Old Republic National Title Insurance Company ALTA COMMITMENT Our Order No. FC25003828 Schedule A Cust Ref.: Property Address: VACANT BERTHOUD, CO 80513 1. Effective Date: July 19, 2002 at 5:00 P.M. 2. Policy to be Issued, and Proposed Insured: 'TBD"Conmihcent $0.00 Proposed Insured: 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: A Fee Simple 4. Title to the estate or interest covered herein is at the effective date hereof vested in: DENNIS W. NEAT 5. The land referred to in this Commitment is described as follows: LOT B, RECORDED EXEMPTION NO. 1061-29-3-RE 2835, ACCORDING TO PLAT RECORDED NOVEMBER 30, 2000 AT RECEPTION NO. 2809783, BEING LOCA MD IN THE SW 1/4 OF SECTION 29, TOWNSHIP 4 NORTH, RANGE 68 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO. Received Time Aug . 6 • 9 : 20AM From Land Title rTue 06 Aug 2002 09:20:32 AM MDT . . Page 4 of 8 ALTA COMMITMENT Schedule B-1 (Requirements) Our Order No. FC25003828 The following are the requirements to be complied with: Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Proper instiwnent(s) creating the estate or interest to be insured must be executed and duly filed for record, to-wit 1. RELEASE OF DEED OF TRUST DA 1N1) JULY 31, 2000 FROM PLAINS VIEW DEVELOPMENT CORPORATION TO THE PUBLIC TRUSTEE OF LARIMER COUNTY FOR THE USE OF THE VILMA TOTH TRUST AND THE JULIUS TOTH TRUST TO SECURE THE SUM OF $570,000.00 RECORDED AUGUST 08, 2000, UNDER RECEPTION NO. 2785940. NOTE: ADDITIONAL REQUIREMENTS OR EXCEPTIONS MAY BE NECESSARY AT SUCH TIME AS THE BUYERS NAMES ARE ADDED TO THIS COMMITMENT. Received Time Aug . 6 . 9 : 20AM From Land Title Tue 06 Aug 2002 09:20:32 AM MDT ,.. Page 5 of 8 ALTA COMMITMENT Schedule B-2 (Exceptions) Our Order No. FC25003828 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 mailers, 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 6. Taxes and assessments not yet due or payable and special assessments not yet certified to the Treasurer's office. 7. Any unpaid taxes or assessments against said land. 8. Liens for unpaid water and sewer charges, if any. 9. RIGHT OF WAY FOR COUNTY ROADS 30 FEET ON EITHER SIDE OF SECTION AND TOWNSHIP LINES, AS ESTABLISHED BY THE BOARD OF COUNTY COMMISSIONERS FOR WELD COUNTY, RECORDED OCTOBER 14, 1889 IN BOOK 86 AT PAGE 273. 10. RIGHT OF WAY EASEMENT AS GRANTED IN INSTRUMENT RECORDED OCTOBER 10, 1887, IN BOOK 43 AT PAGE 496. 11. RESERVATIONS BY THE UNION PACIFIC RAILROAD COMPANY OF: (1) ALL OIL, COAL AND OTHER MINERALS UNDERLYING SUBJECT PROPERTY, (2) THE EXCLUSIVE RIGHT TO PROSPECT FOR, MINE AND REMOVE OIL, COAL AND OTHER MINERALS, AND (3) THE RIGHT OF INGRESS AND EGRESS AND REGRESS TO PROSPECT FOR, MINE AND REMOVE OIL, COAL AND OTHER MINERALS, ALL AS CONTAINED IN DEED RECORDED MAY 04, 1909, IN BOOK 233 AT PAGE 210. 12. TERMS, AGREEMENTS, PROVISIONS, CONDITIONS AND OBLIGATIONS, AS CONTAINED IN DEED, BY AND BETWEEN UNION PACIFIC RAILROAD COMPANY, A UTAH CORPORATION AND UNION PACIFIC LAND RESOURCES CORPORATION, A UTAH CORPORATION RECORDED APRIL 14, 1971 UNDER RECEPTION NO. 1565712 IN BOOK 644 Received Time Aug , 6 . 9 : 20AM From Land Title .-. Tue 06 Aug 2002 09:20:32 AM MDT ,..., Page 6 of 8 ALTA COMMITMENT Schedule B-2 (Exceptions) Our Order No. FC25003828 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: 13. EASEMENT GRANTED TO PLA I IN,RIVER POWER AUTHORITY, FOR ELECTRIC TRANSMISSION LINE BY INSTRUMENT RECORDED FEBRUARY 01, 1977, UNDER RECEPTION NO. 1710185 IN BOOK 788 14. OIL AND GAS LEASE RECORDED FEBRUARY 10, 1978 UNDER RECEPTION NO. 1744181 IN BOOK 822 AND ANY AND ALL ASSIGNMENTS THEREOF, OR INTEREST THEREIN. 15. TERMS, CONDITIONS AND PROVISIONS OF SURFACE OWNER'S AGREEMENT RECORDED JUNE 04, 1982 UNDER RECEPTION NO. 1893679 IN BOOK 969 16. EASEMENT GRANTED TO POUDRE VALLEY RURAL ELECTRIC ASSOCIATION, INC. FOR ELECTRIC TRANSMISSION LINE BY INSTRUMENT RECORDED NOVEMBER 29, 1982, UNDER RECEPTION NO. 1909896 IN BOOK 982 17. ALL NOTES AND EASEMENTS AS CONTAINED ON PLAT RECORDED NOVEMBER 21, 1986 UNDER RECEPTION NO. 2077984 IN BOOK 1136. 18. MATTERS AS SET FORTH ON SURVEY RECORDED SEPTEMBER 18, 2000 AT RECEPTION NO. 2794328. 19. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE RECORDED PLAT OF RECORDED EXEMPTION NO. 1061-29-3-RE 2835. Received Tlme Aug . 6 . 9 : 20AM From Land Title Tue 06 Aug 2002 09:20:32 AM MDT a, Page 7 of 8 LAND TITLE GUARANTEE COMPANY DISCLOSURE STATEMENTS Note: Pursuant to CRS 10-11-122, notice is hereby given that A) The subject real property may be located in a special taxing district. B) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained from the County Treasurer's authorized agent. C) The 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. 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 of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that, the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing information at the top margin of the document Note: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII requires that"Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed". Provided that Land Title Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued. Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: A) The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. B) No labor or materials have been furnished by mechanics or material-men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C)The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic's and material-men's liens. D) The Company must receive payment of the appropriate premium. E) If there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information;financial information as to the seller, the builder and or the contractor, payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company, and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Note: Pursuant to CRS 10-11-123, notice is hereby given: A) That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third patty holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and B) That such mineral estate may include the right to enter and use the property without the surface owner's permission This notice applies to owner's policy commitments containing a mineral severance instrument exception, or exceptions, in Schedule B, Section 2. Nothing herein contained will be deemed to obligate the company to provide any of the coverages referred to herein unless the above conditions are fully satisfied. Form DP:I-MCIRF Received Time Aug . 6 . 9 : 20AM From Land Title ' Tue 06 Aug 2002 09:20:32 AM MDT Page 8 of 8 JOINT NOTICE OF PRIVACY POLICY OF LAND TITLE GUARANTEE COMPANY AND LAND TITLE INSURANCE CORPORATION AND OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY Title V of the Gramm-Leach-Bliley Act(GLBA) generally prohibits any financial institution, directly or through its affiliates, from sharing nonpublic personal information about you with a nonaffiliated third party unless the institution provides you with a notice of its privacy policies and practices, such as the type of information that it collects about you and the categories of persons or entities to whom it may be disclosed. In compliance with the GLBA, we are providing you with this document, which notifies you of the privacy policies and practices of Land Title Guarantee Company and Land Title Insurance Corporation and Old Republic National Tide Insurance Company. We may collect nonpublic personal information about you from the following sources: Information we receive from you such as on applications or other forms. Information about your transactions we secure from our files, or from our affiliates or others. Information we receive from a consumer repotting agency. Information that we receive from others involved in your transaction, such as the real estate agent or lender. Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal information will be collected about you. We may disclose any of the above information that we collect about our customers or former customers to our affiliates or to nonaffiliated third parties as permitted by law. We also may disclose this information about our customers or fonner customers to the following types of nonaffiliated companies that perform marketing services on our behalf or with whom we have joint marketing agreements: * Financial service providers such as companies engaged in banking, consumer finance, securities and insurance. * Non-financial companies such as envelope stuffers and other fulfillment service providers. WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW. We restrict access to nonpublic personal information about you to those employees who need to know that information in order to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. Form PRIV.POL.ac Received Tlme Aug . 6 . 9 : 20AM MINUTES OF THE WELD COUNTY UTILITIES ADVISORY COMMITTEE A regular meeting of the Weld County Utilities Coordinating Advisory Committee was held on Thursday, January 23, 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: Donald Carroll Cody Wooldridge Don Somer Dale Trowbridge Also Present:, Sheri Lockman, Wendi Inloes, Secretary. 1. APPLICANT: Dennis Neal/Todd Hodges CASE NUMBER: PF-553 PLANNER: Sheri Lockman REQUEST: Request for a PUD Final Plan (Mill Creek PUD) LEGAL: Lot B of RE-2835; being part of the SW4 of Section 29, T4N, R68W of the 6`h P.M., Weld County, Colorado LOCATION: South of and adjacent to WCR 40 '1 and East of and adjacent to WCR 3 Sheri Lockman, Department of Planning Services presented Case PF-553, entered the proposed service providers into the record. Peter Schei, Department of Public Works, presented information with regard to the internal roads. It is a standard road layout with sixty feet of right of way. The cul-de-sac has sixty five feet of right of way and is asphalt. There are two twelve foot lanes with two four foot shoulders. The development is adjacent to CR 40 '/:and sixty foot of right of way is being required. Todd Hodges, applicant representative, provided some additional clarification with regard to the project. There is a conservation easement that is located on lot 10. There is an emergency access located off CR 3 that has been worked out with the Fire Department. Utilities are shown on the plat and utilized with the typical requirements. The existing oil well, located in Lot 5, has been abandoned. A future potential drill site has been established with the adequate access through existing roads. The agreements include a proportionate share with Weld County to pave CR 40 ''A. This is a positive development because several shares of non potable water will be transferred to the homeowners for the five acre lots. Ken Alles has designed an underground system from the above ground ditch system. It will be on a separate system. Don Carroll asked if it will be a lagoon storage or source that the water will be pumped out of. Mr. Hodges stated that the non potable will be taken directly out of the ditch. The system will take the water along an easement to the south side of the road then culvert under the lot that needs access. Randall Ashby, Alless & Assoc., provided clarification with regard to the non potable water source for the project. Mr. Carroll asked if the lines were located in the right of way or is there an easement proposed through the lots. Mr. Ashby indicated that on lots 4-9 there is a non potable water easement. An eighteen inch PVC line will be buried there. On CR 3 from the existing ditch into a reservoir and out into the 15 inch line through the property then meet the ditch again at CR 40 '/:. The reservoir is a retaining pond that the static water level is 33 feet square and tapers down to a 13 foot base. Mr. Carroll asked about the location of the reservoir. Mr. Ashby indicated it will be adjacent to lot 1 in the open space. Cody Wooldridge, Central Weld Water District, asked about utility allowance in the 30 foot of non disruptive reserve area. Mr. Ashby indicated no utilities would be allowed. The development sits on the high point of the property. Mr. Wooldridge indicated his concern is 20 foot interior lot line easements and a 15 foot perimeter lot line easement and these are not shown on the plat. The concern is for some reason a utility needs to serve lot 10 there needs to be an easement noted to be able cross the lot. Lot 1 is the only one that seems to have the designation. Mr. Wooldridge added that there is not a 15 foot exterior lot line easement located on the property below the ditch on the bottom portion. It needs to be delineated in all directions. This will tie it in for utilities. Ken Alles, engineer, provided clarification with regard to the easements. Lot 10 is a conservation easement so it will not be disturbed. There would be no need for the easements. Mr. Wooldridge indicated that it was earlier mentioned that lot 10 could be signed over to another developer. A replat would need to be done. Mr. Hodges indicated that the ownership can be transferred but the granting of the conservation easement transfers with the property. There is a note on the plat that indicates that lot 10 shall never be eligible for building permits. Don Carroll indicated that a 15 foot perimeter easement at the back of lots 4-9. Mr. Wooldridge indicated that would be the minimum with the interior lots lines being noted. Dale Trowbridge asked what other uses are available on lot 10. Mr. Hodges indicated that currently it is under irrigated agricultural use. The owner has the ability to use it as passive recreational, horseback or walking. Under the guidelines of the conservation easement motorized vehicles cannot be used in the area. The ditch company has their traditional access but it is not a major serving ditch. Mr. Trowbridge indicated that the historical access needs to be stated on the plat somewhere. Mr. Hodges indicated that there were no private ditch companies involved it was private owners. The same roads are used for future oil and gas access. Peter Schei, Public Works, questioned the need for utilities for the drilling sites. Mr. Hodges indicated that based on the agreement with those companies they need to stay within their access easements. A note would need to be added that indicated the access for oil and ditch company is permitted in those locations. Don Carroll asked why the fire department asked for the large number of fire hydrants on this development. Mr. Hodges indicated that because of the size and acreage of the lots they were upholding the strict 500 foot requirement. When large lots are done it is something that is needed. Don Summer, Qwest, questioned the easement around Mill Creek road being a 10 foot or 15 foot easement. A back lot easement is requested on lots 4-9. Mr. Schei indicated it was standard and the county does agree. The side lot lines should be shown as 10 foot also. Cody Wooldridge indicated that if a 15 foot easement is around lot B there needs to be the same easement around lot A of RE-2835. Mr. Hodges indicated that if it were not in conflict with the conservation easement it would be fine. Don Carroll summarized what was being asked for from the Utility Board. 1. 10 foot on either side of any internal lot lines for a total of 20 feet. 2. 15 foot perimeter easement along south portion of lots 5-9. 3. 15 foot easement around lot A of RE-2835 for continuity. 4. Additional note to address access for Agricultural/ditch/oil and gas 5. 15 foot perimeter easement on the south and east property line. Don Carroll moved to approve Case PF-553 with the above mentioned additions. Cody Wooldridge seconded. Motion carried. Donita May Secretary DEC.30.2002 11:12AM USA SOLUTIONS NO.397 P. 1 rceS IN.?-POWEUNITED POWER, INC. � P.O.Box 929, Brighton, CO 80601 • Telephone:303-659.0551 • 1-800-468-8809 Fax: 303-659-2172 • http://www.unitecipower.com FAX TRANSMITTAL • December 30, 2002 To: WELD COUNTY UTILITY BOARD do Donita May, Secretary Phone: 970-353-6100 ext 3540 Fax: 970-304-6498 From: Al Trujillo, Senior Right Of Way Specialist Phone: 303-637-1241 Fax: 303-637-1338 REQUEST FORNON-EXCLUSIVE UTILITY EASEMENTS 1 PLANNER 1 I 1 1 1 I L I 1 I I i L 1 1 l L 1 I 1 I I CASE NO. PROJECT 1 I I 1 1 I I I 1 I 1 I i C I 1 1 I i 1 I I i I I I 1 I SHERI LOCKMAN PF-553 MILL CREEK PUD RESPONSE/RECOMMENDATIONS;NON-EXCLUSIVE UTILITY EASEMENTS 1. 10.00 FT WIDE: A. SIDE LOT EASEMENTS IN LOTS 2 TI-E2.0 9 B. REAR LOT EASEMENTS IN LOTS 4 THR0 9 C. EASEMENTS AROUND PERIMETERS OF LOTS A& 10 I I I 1 I I I I I I 1 1 I I i PLEASE LET ME KNOW IF I CAN BE OF FURTHER ASSISTANCE ON THIS MATTER AND THANKS AGAIN FOR YOUR HELP. Your Touchstone Energy° Partner 4 ` ` ?fiat ,01 e, cage Dennis W. Neal llSpecializing in Rural Properties G✓ev. 5At w10L l cw*1� Code l Tyr . P. 0 - Q.- Qev-i-ktodk , co 807 I� .Ice._- (3 ey\c/ACC :*frAF13 s0 ShctrcOWY•e. , r W .P .etti= .\\55 11 C 2 0 s h/�� red' 1 �� L 313 nr uro+ v - LoNmo ) (0 8O5O Q\eArc- 'ISSuc- -30 5katQ/S- QS-f“ ),clam- V fe-w YSve Q ≥ AWCWIC1 L1L • CO 23-13 N' k , ±-- r4 • l oyl�rner�,-1/4-? co . R,SDL1 !tselineRoaSute 200 Boulder, Colorado 80303 Phone: (303)499-9880/1-800-373-1282 Diect: (303)497-0591 \ ® MLx Virtr ual Tours: www.dennisneal.com • ) '1. , { U.S. Postal Service,:Y t •y r^ v' ' m CERTIFIED MAIL RECEIPT T (Domestic Mail Only,No Insurance Coverage Provided) A tf. •r•cliverylnt•nnati•nvlsit •urwe•site twvrw.us•s.c• IAL USE rq o Postbag $ /d. D C ;� ID: 0378 a c«dlNdFee ul GReturn Reclept Fes ■ • •( '1J00'1 FSdpwmwN RgN G)rb • e c ' C ReehkbdDeaver).Fee Clerk: A (Enews•ment Required) ,_ y N iew vowa 6 Fees $ 4.4 p o fri, 5 Sc I 1 ' .^for In 51 uctio115 . PS Form 3000 dl mznoz "trVi4fir. i.: M1 '' rte t It f.ts'. - - {. e� 4t r" • t52.. •k Tom...;•� .. Gy: Syr • Boulder and Larimer County Irrigating • And Manufacturing Ditch Company P O box 582 Berthoud, CO 80513 May 23, 2001 Dennis W.Neal 12373 Niwot Road Longmont, CO 80504 Dear Mr. Neal: Enclosed please find The Boulder and Larimer County Irrigating and Manufacturing Ditch Co. Stock Certificate # 593 for fifty (50) shares in the name of Dennis W. Neal in accordance with the assignment presented to us by you as president of Plains View Development Corp. Please sign and date the receipt forms enclosed and return them to this office in the envelope provided. The return of this signed receipt for ms allows our records to indicate the completion of these stock transfers. THIS STOCK CERTIFICATE IS YOUR ONLY RECORD OF OWNERSHIP. Please keep it in a safe place. In order to transfer this stock at a later date, this original stock certificate must be presented. If you have any questions concerning this stock certificate, please call our office for assistance. Our number is(970) 532-3367 Sincerely yours, MJ Karen J. St e1 Recording Secretary Enclosures: Stock Certificate# 593 Receipt of Certificate Form Return envelope Cert. Mail# 7000 0600 00 28 5206 1775 )` f� ' _--.�— .;' —INICORPORATEi UNDER 1HE LAWS OF -; : s• ®•y ° sue; %!t ��Qa1CD .no hares s8.. s '• Re `.;w • 'tom eiity '" i ;o DENNIS W NEAL f1 ;reeize/,0/ FIFTY # # # # # # # # # # # jcf C! ed ,/40,/i/C6/'i7CCJ/,li-;<I The Boulder and Lorimer County Irrigating and Manufacturing Ditch Co. /� >443: f'�, P 7 ,y �///rye //��(/////n9 f��//�/y(try //y /� //y) �{ ��y �/ / y ��/U/� ////` /�/ y/( V 9 .. , to tje l C//if//V/ /f�/i, VJ'4'VV(/1�'C/.�//L i'//.".�{'��//L�/l�L��i i'U///r-/�V� /,"I ��I.l.f�' ��%� dmiu/ '`yi✓e{/ee'/uriA/AeJ�eez/'//A �or/inrrrsmirre a�s m �. 1i�rrz�a' it e//u�a1r�/1t '" 23rd 1/{�. o ' Mai, 2 0 01 1, x x lAiiii �, �faG.?51!_ 4 -*-0,,,, x" , , President `T ., secretary ' $50.00 '` z xr x 5 r d y . s r ro a r ptv o �� " �-,.�r"-if o✓+^r+ / .A "I iii..-- .—q",,��};^�'V ' 'Pi,4%, '” s- % o!) or o F — ' i '; r. .p F ' r1 ry5€� fl'1 °Rf € :° c,n Pl fAarm�B�yeR0k1'1 F rf E:q T .frr1 vf't'� w! _; q1; : M\, "", v-4,:‘,..4,4,4•24-44:'„.,,.. :`.0,M, ys�,y,,,,PIPIPIIF"�`r on inv b .t 4,v L io,40 -4.4 k"twbctti e.,'. , v a�r a ! v i jlrs Die;�t iva Xt�—a yb. 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