HomeMy WebLinkAbout20012004 PLANNED UNIT DEVELOPMENT CHANGE OF ZONE APPLICATION
PLANNING DEPARTMENT USE ONLY:
Case Number Application Fee:
Zoning District Receipt Number
Date Application Checked By:
Planner Assigned to Case:
TO BE COMPLETED BY THE APPLICANT: (Print or type only except for required signatures).
/(we), the undersigned,hereby request hearings before the Weld County Planning Commission and the Board of County
Commissioners concerning the proposed PUD rezoning of the following described unincorporated area of Weld County.
LEGAL DESCRIPTION: Lot B of ARE-2224, Pt of the SW1/4 of Sec. 33,T7N, R64W of the 6th P.M.,Weld County,CO
(If additional space is required, attach an additional sheet of this same size or a copy of the deed)
PARCEL NUMBER: 0 7 1 1 3 3 3 0 0 0 4 4 (12 digit number-found on TAX I.D. or obtained at the Assessor's Office)
NAME OF PROPOSED PUD SUBDIVISION Mason View P.U.D.
EXISTING ZONING Agricultural PROPOSED ZONING P.U.D.
- TOTAL ACREAGE 30.9± OVERLAY DISTRICTS None
PROPOSED DEVELOPMENT GUIDE SUBMITTAL (Specific or Conceptual) Specific
PROPERTY OWNERS OF AREA PROPOSED FOR PUD REZONING:
NAME Percy Hamilton PHONE (970)454-3678
ADDRESS 36244 WCR 53 Eaton, CO 80615
NAME PHONE
ADDRESS
APPLICANT OR AUTHORIZED AGENT Of different than above')
NAME Intermill Land Surveying, Inc.
ADDRESS 1301 N. Cleveland Ave. Loveland,Colorado.
HOME TELEPHONE BUSINESS TELEPHONE (970)669-0516
* If agent is different from the property owner, please submit written documentation from the property owner authorizing
said agent to represent the owner.
Signs u e: Owner or Authorized Agent
EXHIBIT
2001-2004
9
Intermill Land Surveying
-Registered in Colorado& Wyoming-
1301 N. Cleveland Ave.
Loveland, Colorado 80537
" (970) 669-0516
Fax (970) 635-9775
P-00-4441
04-23-2001
Department of Planning Services
Weld County Administrative Offices
1400 N. 17th Avenue
Greeley,CO. 80631
Attn: Monica Daniels-MiKa
Re: MASON VIEW P.U.D. (Percy Hamilton)
Dear Monica:
The following is a formal request regarding the paving standards for Mason View P.U.D.(Percy Hamilton)
situate in the Southwest Quarter of Section 33,Township 7 North, Range 64 West of the 6Th. P.M., Weld
County,Colorado.
As per Section 2.1 of the P.U.D. Ordinance,we are requesting that no paving be required for this proposal.
The internal road will access off of a County maintained gravel road. We feel that paving the internal road
would not be feasible or practical in this situation. The Public Works Department has indicated that a
Traffic Impact Study will not be necessary for this proposal, and that the slight increase in traffic volume in
respect to existing counts does not warrant paving.
We appreciate your time and consideration with this matter. If you should have any questions or need
additional information,please do not hesitate to call. Thank You.
Sincerely,
INTERMILL LAND SURVEYING, INC.
Steve Stencel
Project Manager
Intermill Land Surveying
-Registered in Colorado& Wyoming-
•
1301 N. Cleveland Ave.
Loveland, Colorado 80537
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(970) 669-0516 .����'��►���
Fax (970) 635-9775 rl -
P-00-4441
04-23-2001
Department of Planning Services
Weld County Administrative Offices
1400 N. 17th Avenue
Greeley,CO. 80631
Re: MASON VIEW P.U.D.(Percy Hamilton)
To Whom It May Concern:
The following is supporting written material for the Planned Unit Development(P.U.D.)Change of Zone
Application Questionnaire for the above referenced proposed P.U.D. situate in the Southwest Quarter of
Section 33, Township 7 North, Range 64 West of the 6Th.P.M., Weld County,Colorado.
This proposal is for a 30.9+/-acre Planned Unit Development,which is,situate approximately 1-1/2 miles
Northeast of Galeton,CO. on Weld County Road No. 53. More particularly described as Lot B of
Amended Recorded Exemption No. 2224. This P.U.D.proposal will be a covenant controlled development
consisting of 5 single-family residential lots(zoned P.U.D.). The residential lots will average
approximately 4.7 acres in size with a traditional wood framed house of one and two stories. The P.U.D.
will provide approximately 4.7 acres of Open Space owned and maintained by the Homeowners
Association.
5.3 REQUIREMENTS FOR SUBMITTAL AS PER P.U.D.ORDINANCE 197
5.3.1 See attached application form and application fee($2,000.00).
5.3.2 Not applicable with this proposal.
5.3.3 See attached certified list of adjacent property owners within 500 feet.
5.3.4 See attached certified list of mineral owners of this property.
5.3.5 See attached Change of Zone Plat.
5.3.6 Please revert to Section 6 of this outline(Specific Development Guide).
Outlined below is response to the Sketch Plan Comments as well as the referral agency comments as
received and or prepared by the Department of Planning Services.
ADHERENCE TO THE COMPREHENSIVE PLAN GOALS AND POLICIES
A. POLICY 3. "Conversion of agricultural land to residential,commercial,and industrial development
will be discouraged when the subject site is located outside of a municipalities comprehensive plan area,
urban growth boundary area,or I-25 Mixed Use Development area and Urban Development Nodes." The
proposal of this P.U.D.was not intended to evade the Subdivision Ordinance. As stated within the Planning
Department's Sketch Plan comments,three parcels were created dating back to 1984 through 1998. Three
parcels in seventeen years have been created associated with this property for the benefit of the property
owner. This has allowed them to continue their agricultural activities within Weld County. It is also our
understanding that the County is considering an eight to nine lot count as being a Rural Scale Development.
P.GOAL 2. requires adequate facilities and services to assure the health,safety,and general welfare of
the present and future residents of Weld County. Please see the attached documents assuring commitment
of water availability.
There seems to be some confusion in regards to an existing home located on Lot I of this proposal. There
are no existing dwellings and/or structures located within this proposed P.U.D. Please see the attached
Change of Zone Plat for primary and secondary absorption field envelopes. These envelopes are indicative
of the adequate room for the absorption fields,however,please realize that the location may vary due to the
placement of the homes of future buyers. Language will be placed within the covenants in respect to the
preservation and/or protection of the absorption field envelopes as well as a manure handling plan.
Please see the attached agreement letter from the Eaton School District to Percy Hamilton regarding cash
amount for each lot and payment arrangements.
A.GOAL I. "Preserve prime farmland for agricultural purposes which foster the economic health and
continuance of agriculture." The USDA Soil Conservation Service designates this land as"Prime"farm
ground. This is based on a generality due to the soil types, location and irrigatability. This particular piece
of ground is approximately 30.9 acres in size,which does not lend itself to a larger scale agricultural
productivity. At this size,it becomes more expensive to plant,maintain,fertilize,irrigate and cultivate due
to the cost break in larger and/or bulk activities. This parcel is not high yield farm ground. Due to the slope
of this ground,it is difficult to irrigate properly,which results in a poor crop. We feel that by subdividing
this ground,the overall best use for this property is achieved for both the farming community and the future
inhabitants of Weld County. With the size of the lots proposed,the future owners are still able to
participate in small agricultural activities such as hay,pasture,gardening and 4-H type projects. This still
fosters the agricultural value and knowledge of future"farmers"in the community.
STREET/UTILITY/ACCESS STANDARDS
SECTION 2.1 Please see the attached letter addressed to Monica Daniels-Mika requesting that the
internal road be graveled as apposed to pavement. This request is based upon Section 2.1 of the P.U.D.
Ordinance.
SECTION 2.4 The entrance for this development will originate at the West boundary line and access off of
Weld County Road No. 53. The internal roadway shall run east for approximately 700 feet and end with a
cul-de-sac having a right of way radius of 65 feet. The right of way for the internal road shall be 60 feet in
width containing two 10 foot graveled driving lanes and 4 foot shoulders to either side. The cul-de-sac shall
have a graveled turning radius of 50 feet. Please see the typical road cross-section on the Zone Change
Plat. The open space access to each individual lot has been modified to allow direct contiguity to the open
space via a trail system adjoining to the rear lot lines. This allows all lots within the subdivision to access
the large common open space on the South side of the development without having to cross the internal
road. No on-street parking shall be permitted along the internal roadway. Ownership and maintenance of
the internal road as well as the open space shall be the Homeowner's Association as established for this
development.
Communication with Public Works has begun regarding the bus/mailbox pull off. Please see the attached
Zone Change Plat for further detail on the Bus pull off lane and associated easements and/or rights of way
dedication pertaining thereto.
Discussion has begun with the adjoining farmers regarding the underground irrigation line/tile running
east/west across the property. Please see the attached letter regarding the underground tile. An easement
does not exist for this tile,however for this subdivision,we are proposing an easement to be placed along
the underground irrigation line to further protect the user of this line. This easement will allow the
user/owner of this line to access,maintain and or upgrade said line.
The proposed name for the internal roadway shall be Mason View Drive. A stop sign as well as a street
sign shall be placed at the entrance of the roadway. This sign shall also indicate that the internal roadway is
"Not a Through Street". Please see the attached Zone Change Plat for the roadway configuration and name
as well as the location of the subdivision monument sign.
P.GOAL 2. requires adequate facilities and services to assure the health,safety,and general welfare of
the present and future residents of Weld County. Please see the attached letter from the Galeton Fire
Protection District. This development is proposing a hydrant at the entrance to the subdivision and one at
the cul-de-sac. This is acceptable to the Galeton Fire District and will be incorporated into the waterline
design and improvements agreement.
SECTION 2.6 Please see the attached Zone Change Plat for the appropriate Utility Easements as
indicated in Section 10.6 of the Subdivision Ordinance.
OPEN SPACE/LANDSCAPING
PUD.Policy 4.2 states that a planned development that includes a residential use should provide common
open space free of buildings,streets,driveways or parking areas. This proposal will contain approximately
4.7 acres of private open space. The open space will be limited to use by the occupants and residence of the
P.U.D.as well as be owned and maintained by the proposed Homeowner's Association. The open space is
configured to allow each individual lot to access a riding and hiking trail to the rear of their respective lot.
They then can circle around the development via the trail system to the large common open space located
on the Southerly portion of the property. The large common open space shall be used for recreational and
scenic purposes. This particular open space area contains a number of existing tree rows for esthetic
purposes,wildlife habitation,as well as a natural buffer/screening from surrounding activities to the South.
Small easements will also be dedicated for landscaping and signage near the entrance of the internal road.
However,these small areas are not calculated into the required open space needed for this development.
Section 4.4.1.2 of the PUD Ordinance indicates twenty performance standards to be considered in the
review of all PUD applications. Please find hereinafter,the response to the twenty performance standard as
well as the attached Landscape plan.
PUD.Policy 4.3 requires the developer to provide for perpetual maintenance of all commonly shared land
and facilities. Please find the attached preliminary Homeowner's Association Covenants and Restrictions
regulating the ownership and maintenance of the open space,internal roadway and entrance easements.
USES/BULK REQUIREMENTS/COMPATIBILITY OF USES
Section 2.3 of the PUD Ordinance states that Bulk Requirements(minimum setback,offset, lot size,height
of buildings and lot coverage)in the PUD zone district may be varied from the requirements of a specific
zone district. No variance from the Bulk Requirements as allowed in the E(Estate)Zone District are
anticipated for this development.
Section 4.4.1.3 of the PUD Ordinance outlines compatibility of uses permitted in the proposed PUD with
the existing or future development of the surrounding area. The location of the site and the lay of the land
lend itself to natural buffers to existing uses in the area. This site contains a natural tree line buffer to the
South,County Road to the West,a lake to the Northeast and a hillside to the East. An existing Recorded
Exemption parcel is to the North,which contains a single-family residence such as what is proposed with
this PUD. The hill to the East crests a little beyond the property somewhat obstructing the view to the East
ensuring visual buffers between the two uses. We believe that with these natural buffers and the open space
buffer surrounding the lots of the subdivision,and the like residential parcels scattered throughout the area,
compatibility will not be an issue in respect to obstructing farming and/or cattle operations. The Right to
Farm Covenant will be placed on all recorded maps as well as implemented within the Protective Covenants
and Restrictions of the P.U.D.ensuring all inhabitants of the development are fully aware of the activities
that take place in rural Weld County.
Section 2.6 of the PUD Ordinance states compatibility of uses within the proposed PUD as well as with
surrounding uses need to be further documented by the applicants. As mentioned above,the Right to Farm
Covenant will be placed on all recorded maps as well as implemented within the Protective Covenants and
Restrictions of the P.U.D.ensuring all inhabitants of the development are fully aware of the activities that
take place in rural Weld County. The fact that the regeneration station in the southwest corner of this site is
well fenced,coupled with an open space buffer between the lots proper and said regeneration station,
conflicts are greatly reduced. There is no noise generated by the generation station ensuring noise
compatibility between the two uses.
OG.Policy 1.1 of the Weld County Comprehensive Plan states,"new planned unit developments or
subdivisions should be planned to take into account current and future oil and gas drilling activity to the
extent oil and gas development can reasonably be anticipated." There are no oil and gas production
facilities existing on the property at this time,nor shall there be in the future as this is considered as a
railroad section. Please see the attached letter from the mineral owners indicating no conflicts with this
proposal.
As stated previously,an underground tile runs west to east across the subject property. We have been in
contact with the owner/user of this tile line and they fmd no conflict with this PUD. We have ensured the
owner/user of this tile,that they will have access to their tile for maintenance via an easement along said
line.
We have attempted to contact the Division of Wildlife several times and have received no response. With
this in mind,as well as no initial response at the sketch plan submittal, it is our belief that the Division of
Wildlife has no conflicts with this proposal. There are no wetlands or recognized natural wildlife areas on
this site which is also good indication that the D.O.W.has no concerns.
DESIGN STANDARDS/IMPROVEMENTS AGREEMENT/SUBDIVISION IMPROVEMENTS
Section 12 of the subdivision Ordinance lists subdivision improvements that are the responsibility of the
property owner/developer to complete. Please see the attached preliminary Improvements Agreement.
ENVIRONMENTAL CRITERIA
The Colorado Geological Survey had a few concerns regarding subsurface conditions for this site. As
stated in their referral,these conditions can be overcome by engineered foundations and septic systems.
There are two homes adjacent to this site and both had no problems with respect to these conditions. We
are requesting that soils analysis be conducted at the final platting stage. Due to the cost of soils drilling
and reports,and as indicated within the C.G.S.referral stating that conditions present would not preclude
development,we would like to postpone soils work until we know if we have approval for the Change of
Zone.
DEVELOPMENT GUIDE REQUIREMENTS
Major Components of the Development Guide
6.3.1 Component One—Environmental Impacts
Noise and Vibration-No noise or vibration is anticipated,other than normal occurrences,within in this
development. The Homeowners Association shall have the ability to site and address(within their power)
any complaints of noise or vibration within this P.U.D.
Smoke,Dust and Odor-Reseeding shall take place after construction which will limit blowing dust and
erosion control methods/dust control methods will be used during and after construction to also limit
blowing dust. No smoke or odors are anticipated being a problem within this development other than what
is created due to agricultural activities.
Heat, Light and Glare-We feel that these particular impacts are not applicable to this development. This
development is of like development within the area. It is generally at the same elevation as the surrounding
areas therefore it will not be on top of the hill to cause problems such as glare from windows or bright lights
that can be seen for miles. Standard outside illumination for individual homes will be the extent of possible
lighting nuisance,which in turn can be addressed through the restrictive covenants of the P.U.D.
Visual/Aesthetic Impacts-This development will be compatible with surrounding development in that it
will contain relatively the same densities and style of home and out buildings. Utility lines will be
underground. Landscaped areas along with open space will give this development a rural atmosphere which
will fit well with residential and agriculture activities in the area. We feel that this proposal will enhance
the immediate area instead of creating negative visual or aesthetic impacts.
Electrical Interference-This particular impact should not be a problem within this P.U.D. Typical
household appliances are expected such as cordless phones,garage door openers and cellular phones.
Water Pollution-Septic systems shall be installed per Health Department regulations,which will dismiss
and/or minimize any ground water contamination.
Waste Water Disposal-Each lot will contain an individual sewage disposal system as installed per Weld
County Health Department regulations and/or specifications.
Wetland Removal-This site does not contain any wetland areas.
Erosion and Sedimentation-Erosion control and reseeding methods will be used during and after
construction. The restrictive covenants will address animal units per lot and the practice of grazing to
minimize erosion problems as well as dust control.
Excavating,Filling and Grading-Normal excavation shall occur during infrastructure installation and
construction of homes. Construction activities shall be in accordance with standard procedures as well as
Weld County Public Works regulations.
Drilling,Ditching and Dredging-These impacts do not apply to this development.
Air Pollution-This should not be a factor for this development. Only residential development will occur,
therefore pollution,which can be associated with heavy commercial,or industrial uses will not be present.
Solid Waste-This impact does not apply to this development.
Wildlife Removal-Currently,we are not proposing any type of wildlife relocation program. Certain
wildlife will relocate on their own due to the development of this property. Much of the wildlife will stay or
frequent the development due to the proposed acreage of the lots and the amount of open space to be
retained. Exotic or endangered species are not present on the site.
Natural Vegetation Removal-Minimal disturbance of the natural vegetation shall be enforced during
construction. Areas that are disturbed shall be reseeded after construction is completed.
Radiation/Radioactive Material-These impacts do not apply to this development.
Drinking Water Source-Domestic water shall be supplied by North Weld County Water District. Please
see attached letter received from the Water District.
Traffic Impacts-The low density proposed for this development should have minimal impact on the
surrounding County and State road systems. Adequate County roads are adjacent and/or available to this
development. Public Works,in a referral response received September 6,2000,indicated that the
developer will not be required to submit a Traffic Impact Study.
6.3.2 Component Two—Service Provision Impacts
Schools-This proposed development would be within the Eaton School District(RE 2). We feel that with
the 5 lots proposed for this development,a minimal impact will occur regarding the school district. A
referral was received from the school district and they had no conflicts with this development. Please see
attached letter regarding school district impact fees and agreement.
Law Enforcement-This P.U.D.will be served by the Weld County Sheriffs Department for protection and
safety. We are assuming that no additional patrols will be needed for the additional 5 lots proposed.
Fire Protection-This development will be served by the Galeton Volunteer Fire District. Due to the
location of this site being near the Town of Galeton, it is our belief that the impact shall be minimal to the
Fire District. It is our intent to meet the Fire District's needs for fire flow, hydrants,and access. Please see
the attached letter regarding fire hydrant placement. Construction shall comply with all codes as adopted by
the Weld County Board of Commissioners.
Ambulance-Ambulance service will be provided by Weld County Ambulance. The Galeton Volunteer
Fire District as well as Air Life of Greeley will provide additional emergency service. Again,we feel that
with the additional 5 lots proposed,minor impact shall occur regarding Ambulance service. Law
Enforcement,Fire Protection and Ambulance services are based on an as needed basis.
Transportation—Weld County Road 53 and Weld County Road 74 are adequate in classification,width and
structural capacity to handle the minimal traffic impact as proposed with this development. The estimated
trip count for this development should be approximately 50 TPD. This number is generated using 10 TPD
for each individual residential lot. Public Works has indicated that the existing roads can support the
expected increase in traffic.
Traffic Impact Analysis-Public Works, in a referral response received September 6,2000, indicated that
the developer would not be required to submit a Traffic Impact Study.
Storm Drainage. The natural drainage for this site generally flows east to west to the existing barrow ditch
along Weld County Road 53. Due to a high point in Weld County Road 53,drainage water then flows both
north and south along the County road. (The proposed access of the internal road will be placed at the high
point of the County road). The terrain is relatively flat consisting of 0%to 3%slopes. The steeper terrain
takes place mid way on the property. New drainage facilities will consist of minor rerouting of immediate
historical drainage patterns utilizing barrow ditches along with installation of culverts under the proposed
road and/or driveways as required. Due to the soil types,area of open space and the size of the proposed
lots, it is not believed to impact the existing drainage significantly. Slight increase in runoff is expected due
to channelization and increased imperviousness due to new construction. However,the increase would
appear to be insignificant.
We recommend storm water continue to flow overland to the west utilizing new and existing barrow
ditches. Due to the size of the lots,area of the open space,and the expected slight increase in storm water
runoff,we do not anticipate the need for additional detention facilities. Standard barrow ditches along the
proposed road should be adequate to carry all runoff. All structures should be raised above surrounding
grade a minimum of two(2)feet to prevent flooding due to irrigation and storm water.
Utility Provisions. Please see attached letters form Public Service(Electric)and North Weld County Water
District(Domestic Water). US West(Telephone)is in the process of suppling a will serve letter and
contract. They have verbally indicated that service is available. We will submit their letter as we receive it.
Water Provisions. Please see attached letter from North Weld County Water District.North Weld County
Water District shall provide public water for this development. There is an existing water main within
Weld County Road 53. This development will be required to tie into this water main and extend it into the
subject property to service all lots. Each lot shall have an individual tap.
Sewage Disposal Provisions. The Health Department has indicated that an individual on lot septic system
will be adequate for the type of use and size of the proposed development. The five residential lots will
install individual on lot septic systems per Weld County Health Department regulations and/or
specifications.
6.3.2 Component Three—Landscaping Elements
Please see attached Landscape Plan. The open space proposed for this development will be re-seeded into
native grasses in the attempt to preserve water,yet give the development a mature agricultural and natural
look. Cottonwood trees exist within the open space not only for esthetic purposes but also as a buffer or
natural screening between this development and the uses to the south. We are proposing an entrance sign
for this development. A few evergreen trees will be planted at the entrance of the subdivision for esthetic
purposes.
No treatment for the perimeter is proposed with this development other than what is shown on the
Landscape Plan. The"Trail System"is located adjacent to the rear lot lines of the residential lots. This
creates a natural buffer between adjacent uses and the residential lots.
_ Landscaping proposed for this development will be virtually maintenance free. Native grasses will be used
for Open Space ground cover which will require no watering other than Mother Nature. Evergreen trees
will be used which also require little to no additional watering once the tree has established itself. As
mentioned previously,numerous cottonwood trees exist along the South boundary,which are established
and require no additional watering. The developer/landowner will be responsible for the care of the native
grasses and trees until such time the Homeowner's Association is in place and can assume the
responsibilities of the care and maintenance.
Please see the attached improvements agreement,which contains the cost and planting schedule for said
landscaping elements.
6.3.4 Component Four—Site Design
Please revert back to the beginning of this narrative that identifies consistencies and compatibilities as it
relates to the Comprehensive Plan and the existing uses surrounding this development.
This development does not fall within an Overlay District as identified by maps officially adopted by Weld
County.
6.3.5 Component Five—Common Open Space Usage
Approximately 4.7 acres will be provided for private open space for the use of the inhabitants of this
development. This area will be private and not available for public use but should be viewed as open space
provided to the public to ensure continued agricultural activities and enhance visual impacts of the
development. The open space will be owned and maintained by a Homeowner's Association and will be
established before any lots are sold.
6.3.6 Component Six—Signage
We are proposing an entrance sign for this development. Please see attached Landscape Plan for location
and size. A stop sign along with a street name sign will be erected at the entrance of P.U.D.
6.3.7 Component Seven—M.U.D. Impact
This proposed P.U.D.does not apply to an M.U.D.
6.3.8 Component Eight—Intergovernmental Agreement Impacts
This proposed P.U.D.does not fall within an Intergovernmental Agreement area.
As always, if you should have any questions,concerns or desire additional information regarding this
Planned Unit Development Change of Zone submittal,please feel free to call me at(970)669-0516.
Sincerely,
INTERMILL LAND SURVEYING,INC.
Steve Stencel
Project Manager
P-00-4441
06-08-2001
Department of Planning Services
Weld County Administrative Offices
1400 N. 17th Avenue
Greeley, CO. 80631
Re: MASON VIEW P.U.D. (Percy Hamilton) Irrigation Water
To Whom It May Concern:
The following is an addendum to the supporting written material for the Planned Unit
Development(P.U.D.) Change of Zone Application Questionnaire for the above
referenced proposed P.U.D. This site is situate in the Southwest Quarter of Section 33,
Township 7 North, Range 64 West of the 6Th. P.M., Weld County, Colorado.
This proposal is for a 30.9+/- acre Planned Unit Development, which is, situate
approximately 1-1/2 miles Northeast of Galeton, CO. on Weld County Road No. 53.
More particularly described as Lot B of Amended Recorded Exemption No. 2224. This
P.U.D. proposal will be a covenant controlled development consisting of 5 single-family
residential lots (zoned P.U.D.). The residential lots will average approximately 4.7 acres
in size with a traditional wood framed house of one and two stories. The P.U.D. will
provide approximately 4.7 acres of Open Space owned and maintained by the
Homeowners Association.
Lot Irrigation: Mason View P.U.D. Homeowner's Association shall own and maintain
one half(1/2) share of Larimer and Weld Irrigation Company water(free water). This
water is available in the spring and will be enough to irrigate the lots and open space
within this development once a year. If water is available, they may have the option to
irrigate more than once. The irrigation water is available to the property via an irrigation
ditch located on the Easterly boundary of this development. The natural slope of this
property is from East to West. Water will draw from the ditch on the East and travel
West utilizing open ditches and/or plastic pipe within designated easements adjacent to
property lines. Each individual lot will then be able to flood irrigate their respective lot.
The Developer and/or Homeowner's Association shall elect or appoint one (1)person to
manage, control, maintain and operate the irrigation system up to the property. The
elected or appointed person shall be the only person permitted to oversee all irrigation
activities. Irrigation of each individual lot shall be the sole responsibility of that
individual lot owner. The Homeowner's Association shall be permitted to use water and
carrying ditches on a rotating basis between the five lots and open space. This shall be
coordinated by the person appointed to oversee irrigation activities. The maintenance,
up-grade,repairs and any other expenditures relating to the"Irrigation System" shall be
paid for by the Homeowner's Association. Each individual lot will pay equal amount
whether they use the irrigation facilities or not. By owning share(s)within the Larimer
and Weld Irrigation Company, the Homeowner's Association has the opportunity to lease
or rent additional water if needed. The "Irrigation System"will be incorporated within
the Homeowner's Association Covenants and Restrictions in regard to procedure,
ownership, maintenance, fee structure, etc.
If you should have any questions or need additional information regarding the irrigation
system proposed,please feel free to call myself(970) 669-0516 or Percy Hamilton at
(970) 454-3678.
Sincerely,
INTERMILL LAND SURVEYING, INC.
c�
Steve Stencel
Project Manager
EATON SCI-1OOL DISTRICT RE-2
John J. Nuspl 200 Park Avenue
_Superintendent Eaton, Colorado 80615
170)454-3402
X970)454-5193 Fax
January 31, 2001
Mr. Percy Hamilton
36244 WCR 53
Eaton, CO 80615
Dear Mr. Hamilton:
This letter is to confirm our understanding as to how your planned unit
development will affect the Eaton School District Re-2. As per our response to
the Weld County Planning Department, the District has established a formula to
calculate a land or cash amount in lieu of land dedication to be paid to the
District.
The amount due for this development is $3,405.00 or $681.00 per lot as shown in
the attached calculation. The amount will need to be remitted to the District
within one week of the date each lot is sold.
If you are in agreement please sign in the space provided below and return a
copy to me. Thank you for your cooperation in this and please let me know if you
have any questions.
Sinc,�rely,
Timothy Unrein
Business Services Director
Enc.
Acknowledgement:
I agree to the terms and amounts referred to above.
pv
'/,( Iv /
u
ame Date
Weld County Reorganized School District RE-2
Eaton, Colorado
Cash Amount in Lieu of Land Dedication
School District Planning Standards
(1) (2) (3) (4)
Student Yields School Enrollment Capacities Site Acreage Requirements Acre Yield Per Student
Elementary School 0.29 Per Dwelling Unit 500 Students 10 Acres 0.020
Middle School 0.15 Per Dwelling Unit 700 Students 25 Acres 0.036
High School 0.23 Per Dwelling Unit 900 Students 45 Acres 0.050
(3/2)
G iz "M''Y t mwn r,.i• 55 888 (6)
Calculation
(5)
Land Per Unit Cash Per Unit
Elementary School 0.0058 $ 174
Middle School 0.0054 $ 162
High School 0.0115 $ 345
Total 0.0227 $ 681
(1x4) (5x6)
#of Units in Development 5
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1/31/01 cash in lieu calculation hamilton.xls
February 6, 2001
To: Doug Stolle
Cecil Farms
Recently, it has become a concern that the underground irrigation line,which is going through the
proposed Mason View Dr..PUD, is a scheduled 40 pipe. It is not strong enough to support the
proposed driveway. My plan is to replace a 40 foot section on lots 4 and 5 with a scheduled 120 pipe.
With this replacement, there should be no concern of the pipe collapsing.
Please note the attached copy of the subdivision plan.
incerely,
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DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS
FOR
MASON VIEW P.U.D.
ARTICLE I—PREAMBLE
Declarant is the owner of that certain real property situate in Weld County,Colorado,described on Exhibit
"A"hereof(the property). The Property has been platted as Mason View P.U.D.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,conditions,covenants,obligations, liens,right of
ways,and easements which are set fort in the Declaration,all of which shall run with the Property and shall
inure to the benefit of,and be binding upon,all parties having and right,title,or interest in the Property or
and portion thereof,and such person's heirs,grantees, legal representatives, successors and assigns.
Any restrictions or regulations not addressed specifically shall be in accordance with Weld County Estate
Zoning, i.e.,number and type of animals allowed on each lot,home occupations,etc.
ARTICLE II—DEFINITIONS
2.1 General: The words and terms defined in this Article shall have the meanings herein set forth
unless the context clearly indicates otherwise.
2.2 Association: Shall mean and refer to Mason View P.U.D. Homeowner's Association,a Colorado
Nonprofit Corporation established pursuant to Article IV of this Declaration. The members of
the Association shall be Lot Owners as defined herein.
2.3 Common Areas: Shall refer to all real Property or interests therein owned by the Association and
easements and rights of way for the common use and enjoyment of the Owners,together with and
including,but not by way of limitation,the road Mason View Drive,utilities,and utility
easements.
2.4 Developer: Shall mean Percy L.Hamilton II,owner of the Property,their successors and assigns.
2.5 Developer responsibilities: Shall refer to the road constructed pursuant to specifications required
by Weld County known as Mason View Drive.
Developer shall install a gravel road according to the specifications of Weld County.
The Association shall maintain,repair,and replace the road after the Developer has installed
such facility.
Developer shall plant non-weed natural vegetation in the right of way adjacent to Mason View
Drive.
EXHIBIT
The Association shall maintain and replace non-weed vegetation after the Developer has planted
such vegetation and said Association has assumed responsibilities.
2.6 Lot: Shall mean and refer to any parcel or plot of land located within the exterior boundaries of
the Property described on Exhibit"A"and owned by the"Owner",with the exception of any
"Common Area". In the event;however,that an Owner divides a lot into smaller lots by
complying with and satisfying the applicable rules,regulations and ordinances of the County of
Weld and State of Colorado,each such resulting smaller parcel will then constitute a"Lot"for
the purpose of these covenants.
2.7 Road and Utility Easements: Shall mean and refer to the road Mason View Drive and all utility
easements presently existing on the Property or subsequently constructed by the Declarant on the
tracts or parcels of the property. "Roads"and"Utility Easements"shall not include private
driveways or utility extensions constructed by individual Owners to provide access and utilities to
dwellings or other structures located upon such Owner's lot of the Property.
2.8 Single Family Dwelling: Shall mean an independent structure designed and occupies as a
residence for a single family.
2.9 Subdivision: Shall mean and refer to Mason View P.U.D.
Other terms may be defined in specific provisions contained in the Declaration and shall have the
meaning assigned by each such definition.
ARTICLE III—USE AND OTHER RESTRICTIONS
3.1 Land Use and Building Types: A lot may be used only for one single-family dwelling. The
primary residential building must include as a part thereof,a garage,or if a garage is not included
as a part of the residence,then a separate garage structure shall have identical architectural
design and exterior design and appearance consistent with that of the residence accommodated
thereby.
3.1.1 Size: The dwelling space of the residence,exclusive of the garage and open porches,
shall contain a minimum of 1,500 square feet of finished non-basement living space.
The maximum height of the residence and any accessory building is not to exceed thirty
(30)feet.
3.1.2 Pre-constructed Homes: No homes of a pre-constructed nature shall be permitted
without prior written approval of the Developer.
3.1.3 Exterior Materials: The exteriors of all residences must be wood,masonry,stone,
stucco,or material with a stucco-like appearance. Any vinyl or aluminum sided houses
must be approved by developer or Homeowner's Association.
3.2 Accessory Buildings: No more than three(3)accessory buildings in addition to the garage with a
maximum square footage of 3,000 sq.ft.total,which are well constructed and neat of
appearance,shall be permitted. No buildings with a Quonset type appearance are permitted.
3.3 Fencing: Fencing is to be keeping with the appearance of the surrounding rural setting, i.e.,barb
or barbless wire fencing,wire fencing,natural wood(unpainted),chain link,vinyl,and livestock
panels are allowed.
3.4 Outdoor Storage: Shall be screened from public right of ways and adjacent properties. Tractors
and machinery not being used for maintenance of the lot or other applicable use common on a
small rural lot,and unlicensed vehicles of any kind will not be permitted on the lots,except in
enclosed storage buildings.
3.5 Right of Way and Easements:The area known as Mason View Drive is Access,Utility, Drainage
and Irrigation Easement and is to remain open space;free of buildings,fences,trees,or shrubs.
The developer will seed non-weed vegetation in the right of way;and thereafter,the Association
will assume responsibility of the maintenance of said right of way. Easements and non-buildable
areas for the installation and maintenance of utilities and drainage facilities are reserved as
shown on the Plat.
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 in the easements. If any landscaping or structure is
installed which violates such requirements in the right of way or easements and drainage areas,
the Association may give the Owner written notice to remove such landscaping or structure. If
the Owner fails to remove the landscaping or structure within thirty(30)days of receipt of notice,
the Association my 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 ten
(10)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 collecting such amount from the Owner,all such attorney's fees and costs incurred shall
likewise by a debt owed by the Owner to the Association. The easement area of each lot and all
improvements on it shall be maintained continuously by the Owner of the lot.
3.6 Maintenance of Lots: The owner of each lot shall plant and maintain non-weed vegetation and
remove any trash or other debris. If an Owner fails to maintain their lot in accordance with this
requirement,the Association shall have the right to plant and maintain non-weed vegetation and
remove any trash or other debris solely at the lot Owner's expense. The Owner shall be liable for
reasonable attorney's fees and costs incurred by the Association in collecting such charges.
3.7 Maintenance of Individual Sewage Disposal Systems(Septic Systems): Primary and secondary
septic absorption field envelopes shall be preserved and/or protected in a manner that will allow
for the proper function of said systems. Activities such as landscaping(i.e.,planting of trees and
shrubs)and construction(i.e.,auxiliary structures,dirt mounds/berming)are expressly prohibited
in the designated absorption field envelopes. It is the responsibity of each individual lot owner to
acquire further information regarding the proper care and maintenance of septic system
absorption fields. This material and/or information can be found at The Weld County
Department of Public Health and Environment.
3.8 Pasturing of Lots: It is not intended that the area around the residential building area is to be
used as feed pasture. The area outside of the residential building area is intended for pasture for
animal exercise space,riding area and minor supplement to the main food source of bailed hay
and commercially produced feed. The pasture shall be divided into a minimum of one(1)acre
areas to maintain the ground cover and alternating animal units within each area as vegetation
occurs as next specified. Ground cover within one area should be allowed to grow to a height of
four(4)to six(6)inches high and not be allowed to be foraged to less than one and one-half
inches(1 1/2")high.
3.9 Manure Handling Plan: The individual lot owner shall be responsible for maintaining the property
as a healthy environment for both humans and animals. The lot owner may maintain an area to
compost manure that would be confined and screened within an area 12 ft.x 12 ft.x 6 ft. high.
Disposal of excess manure may be handled communally by the owners of each Lot. It is intended
that the owner of each Lot will negotiate with a local farming establishment that may want the
waste for agricultural purposes.
3.10 Nuisances: No noxious or offensive activities shall be carried on upon any lot,nor shall anything
be done thereon which may become an annoyance or nuisance to the entire neighborhood.
3.11 Recreational Vehicles: No trailer,motor home,camper unit,boat of similar recreational vehicle
shall be parked on Mason View Drive.
3.12 Private Drives: During construction of private drives to individual lots from Mason View Drive,
individual lot owners must permanently install a twelve(15)inch culvert in the drainage ditch
directly adjacent to Mason View Drive.
3.13 Compliance: Each lot owner shall maintain compliance at all times with the requirements of the
Weld County Public Works Department, Weld County Health Department, Division of Wildlife,
Galeton Volunteer Fire Department and the Weld County Planning Department.
3.14 Oilfield Production: If Oil/gas production facilities become present within said Subdivision,
oil/gas vehicles have the right to access their production facilities within the subdivision without
interference by lot owners.
3.15 Right to Farm Covenant: Weld county is one of the most productive agricultural counties in the
United States. The rural areas of Weld County may be open and spacious,but they are
intensively used for agriculture. Persons moving into a rural area must recognize there are
drawbacks,including conflicts with longstanding agricultural practices and lower level of services
than in town.
Agricultural users of the land should not be expected to change their long-established agricultural
Practices to accommodate the intrusions of urban users into a rural area. Well run agricultural
activities will generate off-site impacts,including noise from tractors and equipment;dust from
animal pens,fields work,harvest,and gravel roads;odor from animal confinement,silage,and
manure;smoke from ditch burning;flies and mosquitoes;the use of pesticides and fertilizers in
the fields, including the use of aerial spraying. Ditched and reservoirs cannot simply be moved
"out of the way"of residential development without threatening the efficient delivery of
irrigation to fields which is essential to farm production.
Weld County covers a land area of over 4,000 square miles in size(twice the size of the state of
Delaware)with more than 3,700 miles of state and county roads outside of municipalities. The
sheer magnitude of the area to be served stretches available resources. Law enforcement is based
on responses to complaints more than on patrols of the county and the distances which must be
traveled may delay all emergency responses,including law enforcement,ambulance,and fire.
Fire protection is usually provided by volunteers who must leave their jobs and families to
respond to emergencies.
County gravel roads,no matter how often they are bladed,will not provide the same kind of
surface expected from a paved road. Snow removal priorities mean that roads from subdivisions
to arterials may not be cleared for several days after a major snowstorm. Snow removal for roads
within subdivisions are of the lowest priority for the public works or may be the private
responsibility of the homeowners. Services in rural areas,in many cases,will not be equivalent
to municipal services.
Children are exposed to different hazards in the country than in an urban or suburban setting.
Farm equipment and oil field equipment,ponds and irrigation ditches,electrical power for
pumps and center pivot operations,high speed traffic,sand burs,puncture vines,territorial farm
dogs,and livestock present real threats to children. Controlling children's activities is important,
not only for their safety,but also for the protection of the farmer's livelihood.
ARTICLE IV—THE ASSOCIATION
4.1 Articles of Incorporation and Bylaws: The interests of all lot owners shall be governed and
administered by the Article of Incorporation and Bylaws of the Mason View P.U.D.
Homeowner's Association and by this Declaration. In the event of a conflict between the
provisions of the Declaration and the Articles of Incorporation or the Bylaws of the Association,
the terms of this Declaration shall be controlling.
4.2 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 his ownership. If more than one person
has an ownership interest in a lot,each person will vote that portion of a lot equal to the portion
of ownership.
4.3 Examination of Books by 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,
(B): Receive an annual financial statement of the Association after the end of each
calendar year,
(C):And written notice of all meetings to the Association and shall be permitted to
designate a representative to attend all such meetings.
4.4 Powers: The Association shall be granted all of the powers necessary to enforce all of the
applicable provisions of this Declaration,and to govern,manage,maintain,repair,administer,
and regulate Mason View P.U.D. and to perform all of the duties required of it. Not with standing
the above,the Association shall not be empowered or entitled to use hazard insurance proceeds for
loss to the common areas improvements for other than repair,replacement,or reconstruction of
such improvement.
4.5 Association Responsibilities: The maintenance and operation of Mason View Drive and all
common areas shall be the responsibility and the expense of the Association,and the costs
therefor shall be a common expense of all the lot owners. The Developer shall initially install the
gravel road,Mason View Drive,and shall initially seed the areas disturbed by construction of
said Mason View Drive;thereafter,the costs of maintaining,repairing,and replacing the right of
way area and the roadway of Mason View Drive shall be borne by the Association.
4.6 Formula for Determining Assessments: Assessments shall be made no less frequently than
annually and shall be based upon a budget adopted not less frequently than annually by the
Association. The assessments shall be apportioned equally among all lots within the Subdivision.
Each owner,by the acceptance of a conveyance of a lot shall be obligated to pay his share of such
expenses whether or not his lot is improved. If a new annual assessment is not adopted,an
assessment shall be presumed to have been adopted in the amount of the last prior assessment.
4.7 Bases Upon Budget: Assessments shall be based upon the budget,which shall be established by
the Broad 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 Mason View Drive and the common open space as well as Landscaped
areas,which sum may include,but not be limited to,expenses of management;taxes and special
assessments unless separately assessed;premiums for insurance;repairs and renovations;wages;
water charges; legal and accounting fees;expenses and liabilities incurred by the Association or
nay 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 nay deficit remaining from a
previous reserve,working capital and sinking funds as well as other costs and expenses relating
to Mason View Drive and the common areas,which shall be funded by the regular annual or
monthly payments rather than special assessments.
4.8 Assessments for Other Charges: The Association shall 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 charge 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.
4.9 Assessments: The amount of the common expenses and misconduct charges assessed against
each lot shall be the personal and individual debt of the owner thereof. No owner may exempt
himself from liability for contribution towards the common expenses by waiver of the use or
enjoyment or by abandonment of his lot. An owner's loss of lot by foreclosure or by proceedings
in lieu of foreclosure shall not cancel or terminate such owner's liability for assessments and
charges acquired prior to the date hereof. The Association shall have the authority to take
prompt action to collect any unpaid assessment which remains unpaid for more than sixty(60)
days from the due date for payment thereof. In the event of default in the payment of an
assessment,the lot owners shall be 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 attorney's fees,incurred together with such late charges as are provided by the Bylaws
or rules of the Association. Suit to recover a money judgment for unpaid assessments shall be
maintainable without foreclosing the lien described below and such suit shall not be,or construed
to be,a waiver of lien.
4.10 Creation of Lien and Foreclosure: All assessments together with any special assessment or other
fee,cost or charges which and Owner is obligated to pay,shall be a debt of such Owner to the
Association on the date when each installment thereof becomes due. In the event of the default of
any Owner in the payment of any installment,such amount,and any subsequently acquiring
unpaid assessments,together with interest thereon and together with all costs which may be
incurred by the Association in the collection of such amount,together with reasonable attorney's
fees shall constitute the basis of 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 mortgage or deed of trust of record, including all unpaid
obligatory sums as may be provided by assessment setting forth the amount of such unpaid
indebtedness,the amount of the acquired interest lien shall be signed by one of the officers of the
Association on behalf of the Association and may,but is not required to,be recorded in the office
of the County Clerk and Recorder of Weld County,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. 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 attorney's fees incurred for filling the lien,and in the event of
foreclosure proceedings,all additional costs,all expenses and reasonable attorney's fees incurred.
The owner of the lot being foreclosed shall be required to pay 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 receiver during foreclosure,and the Association on behalf
of the member owners,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.
4.11 Liability Upon Transfer: Any owner who sells a lot in good faith and for value shall be relieved
of the obligation for payment of assessments arising thereafter attributable to the lot,as of the
date of the recordation of the deed transferring such lot to the subsequent purchaser. The Owner
transferring,and the purchaser of the transferred lot,shall be jointly liable for payment of all
assessments and any related interest,costs and attorney's fees attributable to the lot acquired
through the date of such recordation,and the lien for recovery of the same shall remain in force
against such lot.
4.12 Mortgage Foreclosure: Not with standing any of the terms of provisions of this declaration, in
the event of any default on the part of an owner under any mortgage or deed of trust which
entitles the holder thereof to foreclose the same,any sale under such foreclosure, including the
delivery of a deed in the lieu to such mortgagee,shall be made free and clear of all then due and
owing assessments. No mortgagee shall be liable for any unpaid assessments accruing prior to
the time such mortgagee receives a deed to a lot.
4.13 Board and Officers of Association: Until all lots have been sold by Declarant or December 31,
2001,whichever occurs first,the Declarant may appoint and remove the officers and members of
the Board of the Association.
ARTICLE V—GENERAL PROVISIONS
5.1 Durations: Subject to the provisions of Section 5.3 of this Article,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 Subdivisions 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 majority of the then owners of lots in the
Subdivision has been recorded agreeing to change or terminate the Declaration in whole or part.
5.2 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 sixty-six percent(66%)of the lots in
the Subdivision and one hundred percent(100%)of the holders of recorded 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 Weld County. No amendment shall effect any rights of Declarants
unless approved in advance by and consented to by Declarants in writing.
5.3 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.
5.4 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 Declarants to enforce any covenant
or provision hereof. This Section 5.4 may be pleaded as a full bar to the maintenance of any such
action or arbitration brought in violation of the provisions of this Article.
5.5 Waiver: No provision contained in this Declaration shall be deemed to have abrogated or waived
by reason of any failure to enforce the same,regardless of the number of violations or breaches
which may occur.
5.6 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.
5.7 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 vise versa,when the context so requires.
5.8 Notices: Notices required or permitted by this 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.
IN WITNESS WHEREOF,the undersigned being Owner(s)or Mortgagee(s)of lots in Mason View P.U.D.
executed this Declaration the date and year indicated below.
By: Percy L.Hamilton II,Owner By: Nola L. Hamilton,Owner
State of Colorado)
)SS
County of Weld )
The foregoing Declaration of Covenants,Conditions and Restrictions for Mason View P.U.D.
Acknowledged before me this day of ,20 ,by Percy L.
Hamilton II and Nola L.Hamilton.
Witness my hand and official seal.
My commission expires:
Notary Public
h 7-
IMPROVEMENTS AGREEMENT ACCORDING
POLICY-REGARDING COLLATERAL FOR IMPROVEMENTS
(PRIVATE ROAD MAINTENANCE)
THIS AGREEMENT, made and entered into this day of , by and between
the County of Weld,State of' \Colorado,acting through its Board of County Commissioners,hereinafter called
"County", and Peiw yo. ;)Inn it 1 Lreinafter called "Applicant".
WITNESSETH:
WHEREAS, Applicant is the owner of or has a controlling interest in the following described
property in the County of Weld, Colorado:
1,O 4.- $ o{- 1A•..-+,✓ 4t4 Retarded Ez � ion No . z.ZZL{ 42 j'io'k to 4-1-ASo3Vn ' "h - ajar}- o{ sec 3%, To risk, 1 ti1o.- , Zer`v., (Oa
tc 11-k tor= p.m . , Ct.ir. ) of Wes1d , sc-k of ColarcAdo.
WHEREAS, a final subdivision/PUD plat of said property, to be known as
NAG'-my-1 V i W,v3 P.V.D. has been submitted to the County
for approval; and
WHEREAS, of the Weld County Subdivision Ordinance provides that no final plat
shall be approved by the County until the Applicant has submitted a Subdivision Improvement Agreement
guaranteeing the construction of the public improvements shown on plans, plats and supporting documents
of the subdivision,which improvements, along with a time schedule for completion, are listed in Exhibits
"A" and "B" of this Agreement.
NOW, THEREFORE,IN CONSIDERATION OF the foregoing and of the acceptance and approval
of said final plat, the parties hereto promise, covenant and agree as follows:
1.0 Engineering Services: Applicant shall furnish,at its own expense,all engineering services
in connection with the design and construction of the subdivision improvements listed on
Exhibit "A" which is attached hereto and made a part of this reference.
1.1 The required engineering services shall be performed by a Professional Engineer
and Land Surveyor registered in the State of Colorado, and shall conform to the
standards and criteria established by the County for public improvements.
1.2 The required engineering services shall consist of, but not be limited to, surveys,
designs, plans and profiles. estimates, construction supervision, and the submission
of necessary documents to the County.
1 EXHIBIT Revised 12/95
1.3 Applicant shall furnish drawings and cost estimates for roads within the subdivision
to the County for approval prior to the letting of any construction contract.
Applicant shall furnish one set of reproducible "as-built" drawings and a final
statement of construction cost to the County.
2.0 Rights-of-Way and Easements: Before commencing the construction of any improvements
herein agreed upon, Applicant shall acquire, at its own expense, good and sufficient riehts-
of-way and easements on all lands and facilities traversed by the proposed improvements,
3.0 Construction; Applicant shall furnish and install, at its own expense, the subdivision
improvements listed on Exhibit "A: which is attached hereto and made a part hereof by this
reference, according to the construction schedule set out in Exhibit "B" also attached hereto
and made a part hereof by this reference.
3.1 Said construction shall be in strict conformance to the plans and drawings approved
by the County and the specifications adopted by the County for such public
improvements. Whenever a subdivision is proposed within three miles of an
incorporated community located in Weld County or located in any adjacent county,
the Applicant shall be required to install improvements in accordance with the
requirements and standards that would exist if the plat were developed within the
corporate limits of that community. If the incorporated community has not adopted
such requirements and standards at the time the subdivision is proposed, the
requirements and standards of the County shall be adhered to. If both the
incorporated community an the County have requirements and standards, those
requirements and standards that are more restrictive shall apply.
3.2 Applicant shall employ,at its own expense, a qualified testing company previously
approved by the County to perform all testing of materials or construction that is
required by the County; and shall furnish copies of test results to the County.
3.3 At all times during said construction, the County shall have the right to test and
inspect or to require testing and inspection of material and work at Applicant's
expense. Any material or work not conforming to the approved plans and
specifications shall be removed and replaced to the satisfaction of the County at
Applicant's expense.
3.4 The Applicant shall furnish proof that proper arrangements have been made for the
installation of sanitary sewer or septic systems, water, gas, electric and telephone
services.
3.5 Said subdivision improvements shall be completed, according to the terms of this
Agreement,within the construction schedule appearing in Exhibit "B". The Board
of County Commissioners, at its option, may grant an extension of the time of
completion shown on Exhibit "B" upon application by the Applicant subject to the
terms of Section 6 herein.
Revised 1295
4.0 Release of Liability: Applicant shall indemnify and hold harmless the County from any
and all liability loss and damage county may suffer as a result of all suits, actions or claims
of every nature and description caused by, arising from, or on account of said design and
construction of improvements, and pay any and all judgments rendered against the County
on account of any such suit, action or claim, together with all reasonable expenses and
attorney fees incurred by County in defending such suit, action or claim whether the
liability, loss or damage is caused by, or arises out of the negligence of county or its
officers, agents, employees, or otherwise except for the liability, loss, or damage arising
from the intentional torts or the gross negligence of the county or its employees while acting
within the scope of their employment. All contractors and other employees engaged in
construction of the improvements shall maintain adequate workman's compensation
insurance and public liability insurance coverage,and shall operate in strict accordance with
the laws and regulations of the State of Colorado governing occupational safety and health.
(THERE IS NO SECTION 5)
6.0 Approval of Streets by the County: Upon compliance with the following procedures by the
Applicant, streets within a subdivision may be approved by the County as public roads and
will be maintained and repaired by a homeowners association or, in its absence, the owners
of lots within the subdivision.
6.1 If desired by the County, portions of street improvements may be placed in service when
completed according to the schedule shown on Exhibit"B", but such use and operation shall
not constitute an approval of said portions.
6.2 County may, at its option, issue building permits for construction on lots for which street
improvements detailed herein have been started but not completed as shown on Exhibit"B",
and may continue to issue building permits so long as the progress of work on the
subdivision improvements in that phase of the development is satisfactory to the County;
and all terms of this Agreement have been faithfully kept by Applicant.
6.3 Upon completion of the construction of streets within a subdivision and the filing of a
Statement of Substantial Compliance, the applicant(s) may request in writing that the
County Engineer inspect its streets and recommend that the Board of County
Commissioners partially approve them. Not sooner than nine months after partial approval,
the County Engineer shall, upon request by the applicant, inspect the subject streets, and
notify the applicant(s)of any deficiencies. The County Engineer shall reinspect the streets
after notification from the applicant(s) that any deficiencies have been corrected. If the
County Engineer finds that the streets are constructed according to County standards, he
shall recommend full approval. Upon a receipt of a positive unqualified recommendation
from the County Engineer for approval of streets within the development, the Board of
County Commissioners shall fully approve said streets as public but with private pay.
7.0 General Requirements for Collateral:
7.1 The value of all collateral submitted to Weld County must be equivalent to 100%
of the value of the improvements as shown in this Agreement. Prior to Final Plat
3 Revised I?/95
approval,the applicant shall indicated which of the five types of collateral prefered
to be utilized to secure the improvements subject to final approval by the Board of
County Commissioners and the execution of this Agreement. Acceptable collateral
shall be submitted and the plat recorded within six (6) months of the Final Plat
approval. If acceptable collateral has not been submitted within six(6)months then
the Final Plat approval and all preliminary approvals shall automatically expire. An
applicant may request that the County extend the Final Plat approval provided the
cost estimates are updated and the development plans are revised to comply with
all current County standards, policies and regulations. The improvements shall be
completed within one (1) year after the Final Plat approval (not one year after
acceptable collateral is submitted) unless the applicant(s) requests that this
Agreement be renewed at least thirty (30) days prior to its expiration and further
provides that cost estimates for the remaining improvements are updated and
collateral is provided in the amount of 100% of the value of the improvements
remaining to be completed. If improvements are not completed and the agreement
not renewed within these time frames, the County, at its discretion, may make
demand on all or a portion of the collateral and take steps to see that the
improvements are made.
7.2 The applicant may choose to provide for a phased development by means of
designating filings of a Planned Unit Development Plan or Final Plat Subdivision.
The applicant would need only to provide collateral for the improvements in each
filing as approved. The County will place restrictions on those portions of the
property that are not covered by collateral which will prohibit the conveyance of the
property or the issuance of building permits until collateral is provided or until
improvements are in place and approved pursuant to the requirements for a Request
for Release of Collateral.
7.3 The applicant intends to develop in accordance with Exhibits "A" and "B".
8.0 Improvements Guarantee: The five types of collateral listed below are acceptable to Weld
County subject to final approval by the Board of County Commissioners.
8.1 An irrevocable Letter of Credit from a Federal or State licensed financial institution
on a form approved by Weld County. The letter of credit shall state at least the
following:
8.1.1 The Letter of Credit shall be in an amount equivalent of 100% of the total
value of the improvements as set forth in Section 6.0 and exhibits "A" and
"B".
8.1.2 The Letter of Credit shall provide for payment upon demand to Weld
County if the developer has not performed the obligations specified in the
Improvements Agreement and the issuer has been notified of such default.
8.1.3 The applicant may draw from the Letter of Credit in accordance with the
provisions of this policy.
4 Revised 12/95
8.1.4 The issuer of the Letter of Credit shall guarantee that at all times the
unreleased portion of the Letter of Credit shall be equal to a minimum of
100%of the estimated costs of completing the uncompleted portions of the
required improvements, based on inspections of the development by the
issuer. In no case shall disbursement for a general improvement item
exceed the cost estimate in the Improvements Agreement (i.e., streets,
sewers, water mains and landscaping, etc.). The issuer of the Letter of
Credit will sign the Improvements Agreement acknowledging the
agreement and its cost estimates.
8.1.5 The Letter of Credit shall specify that 15% of the total Letter of Credit
amount cannot be drawn upon and will remain available to Weld County
until released by Weld County.
8.1.6 The Letter of Credit shall specify that the date of proposed expiration of the
Letter of Credit shall be either the date of release by Weld county of the
final 15%, or one year from the date of Final Plat approval, whichever
occurs first. Said letter shall stipulate that, in any event, the Letter of
Credit shall remain in full force and effect until after the Board has
received sixty (60) days written notice from the issuer of the Letter of
Credit of the pending expiration. Said notice shall be sent by certified mail
to the Clerk to the Board of County Commissioners.
8.2 Trust Deed upon all or some of the proposed development or other property acceptable to
the Board of County Commissioners provided that the following are submitted:
8.2.1 In the event property within the proposed development is used as collateral, an
appraisal is required of the property in the proposed development by a disinterested
M.A.I. member of the American Institute of Real Estate Appraisers indicating that
the value of the property encumbered in its current degree of development is
sufficient to cover 100% of the cost of the improvements as set forth in the
Improvements Agreement plus all costs of sale of the property.
8.2.2 In the event property other than the property to be developed has been accepted as
collateral by Weld County, then an appraisal is required of the property by a M.A.I.
member of the Institute of Real Estate Appraisers indicating that the value of the
property encumbered in its current state of development is sufficient to cover 100%
of the cost of the improvements as set forth in the Improvements Agreement plus
all costs of sale of the property,
8.2.3 A title insurance policy insuring that the Trust Deed creates a valid encumbrance
which is senior to all other liens and encumbrances.
8.2.4 A building permit hold shall be placed on the encumbered property.
8.3 Escrow Agreement that provides at least the following:
5 Revised 12'95
8.3.1 The cash in escrow is at least equal to 100% of the amount specified in the
Improvements Agreement.
8.3.2 The escrow agent guarantees that the escrowed funds will be used for improvements
as specified in the agreement and for no other purpose and will not release any
portion of such funds without prior approval of the Board.
8.3.3 The escrow agent will be a Federal or State licensed bank or financial institution.
8.3.4 If the County of Weld County determines there is a default of the Improvements
Agreement, the escrow agent, upon request by the County, shall release any
remaining escrowed funds to the County.
8.4 A surety bond given by a corporate surety authorized to do business in the State of Colorado
in an amount equivalent to 100% of the value of the improvements as specified in the
Improvements Agreement.
8.5 A cash deposit made with the County equivalent to 100%of the value of the improvements.
9.0 Request for Release of Collateral: Prior to release of collateral for the entire project or for
a portion of the project by Weld County, the Applicant must present a Statement of
Substantial Compliance from an Engineer registered in Colorado that the project or a
portion of the project has been completed in substantial compliance with approved plans and
specifications documenting the following:
9.1 The Engineer or his representative has made regular on-site inspections during the
course of construction and the construction plans utilized are the same as those
approved by Weld County.
9.2 Test results must be submitted for all phases of this project as per Colorado
Department of Transportation Schedule for minimum materials sampling,testing
and inspections found in CDOT Materials Manual.
9.3 "As built" plans shall be submitted at the time the letter requesting release of
collateral is submitted. The Engineer shall certify that the project "as built" is in
substantial compliance with the plans and specifications as approved or that any
material deviations have received prior approval from the County Engineer.
9.4 The Statements of Substantial Compliance must be accompanied, if appropriate, by
a letter of acceptance of maintenance and responsibility by the appropriate utility
company, special district or town for any utilities.
9.5 A letter must be submitted from the appropriate Fire Authority indicating the fire
hydrants are in place in accordance with the approved plans. The letter shall
indicate if the fire hydrants are operational and state the results of fire flow tests.
9.6 The requirements in 9.0 thru 9.5 shall be noted on the final construction plans.
6 - Revised 12195
9.7 Following the submittal of the Statement of Substantial Compliance and
recommendation of approval of the streets by the County, the applicant(s) may
request release of the collateral for the project or portion of the project by the
Board. This action will be taken at a regularly scheduled public meeting of the
Board.
9.8 The request for release of collateral shall be accompanied by "Warranty Collateral"
in the amount of 15%of the value of the improvements as shown in this Agreement
excluding improvements fully accepted for maintenance by the responsible
governmental entity, special district or utility company.
9.9 The warranty collateral shall be released to the applicant upon final approval by the
Board of County Commissioners.
10.0 Public Sites and Open Spaces: When the Board of County Commissioners, pursuant to a
rezoning, subdivision or planned unit development, requires the dedication, development
and/or reservation of areas or sites other than subdivision streets and utility easements of
a character, extent and location suitable for public use for parks,greenbelts or schools, said
actions shall be secured in accordance with one of the following alternatives, or as specified
in the PUD plan, if any:
10.1 The required acreage as may be determined according to the Weld County
Subdivision Regulations shall be dedicated to the County or the appropriate school
district, for one of the above purposes. Any area so dedicated shall be maintained
by the County or school district.
10.2 The required acreage as determined according to the Weld County Subdivision
Regulations, may be reserved through deed restrictions as open area, the
maintenance of which shall be a specific obligation in the deed of each lot within
the subdivision.
10.3 In lieu of land,the County may require a payment to the County in an amount equal
to the market value at the time of final plat submission of the required acreage as
determined according to the Subdivision Ordinance. Such value shall be
determined by a competent land appraiser chosen jointly by the Board and the
Applicant. The cash collected shall be deposited in an escrow account to be
expended for parks at a later date.
11.0 Successors and Assigns: This Agreement shall be binding upon the heirs, executors,
personal representatives, successors and assigns of the Applicant,and upon recordine by the
County, shall be deemed a covenant running with the land herein described, and shall be
binding upon the successors in ownership of said land.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
on the day and year first above written.
7 Revised 12195
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Al 1 EST:
Weld County Clerk to the Board
BY:
Deputy Clerk to the Board
APPROVED AS TO FORM:
County Attorney
APPLICANT
BY:
(title)
Subscribed and sworn to before me this day of , 19
My Commission expires:
Notary Public
NI FORM\UPRIV ATE.OB
8 Revised 1295
EXHIBIT "A"
Name of Subdivision: _ t,jj � U ,1b.
Filing: i4/4
Location: t):4,..44. ;•-• 4.401/4 '. 33-1-VA , \AAA Gorey , CO.
Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout this
subdivision and as shown on the subdivision final plat County dated . 19
recorded on . 19 , in Book , Page No. , Reception No.
, the following improvements.
(Leave spaces blank where they do not apply)
Estimated
Improvements Unit Cost Construction Cost
Street 2,1-acting ?,,00 17y 4 10 ,00 .04
Street base (ski) N Zo.oa .i ; 5. 544.o0
Street paving
Curbs, gutters, & culverts
Sidewalk
Storm sewer facilities
Retention ponds
Ditch improvements
Subsurface drairlge
Sanitary sewers
Sanitary sewers
Trunk & forced lutes
Mains
Laterals (house connected)
On-site sewage facilities
On-s.te wa er u lv & -t ra e -
Water mains-Includes Bore * 1S.00 1.F b . ib �Z► )c- t) . 0 0
Fire hydrants (Z1 L9oo.0o c} cj1Ooo . 00 _
Survey& street monuments & boxes 1' i'foo.po L,,r•-,r . Z Soo. 00
Street lighting
Street name sign £I * ZS0.oO eo. 7,40, o0
Fencing requirements
Landscaping / ZooO.00 [ , ,., -Loot).00
Park improvements
Road Culvert 'c.00 A 4,DOO, oo
Grass Lined Swale (1 ,c, c461.1., 5a,La) O. OS tA: A 1, 00 . 00
Telephone ZS.o0,00 l,a..v.f. Zi Soo ,co
Gas
Electric * 1000.00 Gi.s-1 looCo . 00
Water Transfer
SUB-TOTAL Si, 'DO
9
Revised 12:95
Engineering and Supervision Costs 't 2€,0O.00
(testing, inspection, as-built plans and work in addition to preliminary and final plat; supervision of actual
construction by contractors)
TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $_a_34 0O
The above improvements shall be constructed in accordance with all County requirements and specifications,
and conformance with this provision shall be determined solely by Weld County, or its duly authorized
agent.
Said improvements shall be completed according to the construction schedule set out in Exhibit "B".
(In corporation. to be signed by President and attested to by Secretary, together with corporate seal.)
Date: , 19
10 Revised 12'95
EXHIBIT "B"
Name of Subdivision:
Filing:
Location:
Intending to be legally bound, the undersigned Applicant hereby agrees to construct the
improvementsshown on the final subdivision plat of _Subdivision,
dated , 19 , Recorded on 19 , in Book
, Page No. , Reception No. , the following schedule.
All improvements shall be completed within years from the date of approval of the
final plat.
Construction of the improvements listed in Exhibit "A" shall be completed as follows:
(Leave spaces blank where they do not apply.)
Improvements Time for Completion
Site grading. 0c,1-o 7,041
Street base Dui-obe, -l 4ovt..-16..re ZOo 1
Street paving_
Curbs. gutters. and culverts
Sidewalk
Storm sewer facilities ( oui-o'be.,e' 2401
Retention ponds
Djtjh improvements
Subsurface drainage
Sanitary sewers
Trunk and forced Lines -
Mains
Laterals (house connected),
On-site sewage facilities
On-site water supply and storage
Water mains qb re n4 ,r 2401
Fire hydrants 7,001
Survey & street monuments & boxes
Street lighting.
Street name signs_ a..x,,,,.,>.L,r 7-4 01
Fencing requirements
Landscaping /rid- c( % Moe-tin ZooZ
Park improvements
Telephone No1/4►4.vvI6-4„r / jw.it.d I 2001
Gas
Ctric a 1Oc
Water Transfer
Sub-Total E.,01 Pr jt - Cow?!I flitchrs fir \ Zoo
1 1 Revised 12/95
The County, at its option, and upon the request by the Applicant, may grant an extension of time for
completion for any particular improvements shown above, upon a showing by the Applicant that the
above schedule cannot be met.
(If corporation, to be signed by President and attested to by Secretary, together with corporate seal.)
Date: , 19
m:`dorm\apnvate.db
•
•
12 Revised I"'/95
APNCHURCH & Associates, Inc.
ENGINEERS&GEOLOGISTS
June 9, 2000
Intermill Land Surveying, Inc.
Attn: Steve Stencel
1301 North Cleveland Avenue
Loveland, Colorado 80537
Subject: Preliminary Geologic and Mineral Resource Statement
Proposed Amended Recorded Exemption No. 2224
A Portion of the Southwest Quarter of Section 33,
Township 7 North,Range 64 West of the 6th P.M.
Weld County, Colorado
Job No. 12690-L
Dear Steve,
As requested, we have conducted a preliminary geological evaluation for the subject site. The
purpose of our investigation was to identify site conditions regarding area suitability for the proposed
PUD development as requested by the Weld County Planning Department. In addition, information is
provided addressing potential commercial mineral deposits.
INVESTIGATION
This investigation was conducted by means of a site reconnaissance conducted on June 5, 2000 by a
Professional Geologist. A preliminary radiation survey was conducted using a Bicron Surveyor 50
radiation detection meter. We also reviewed readily available maps and literature by the Colorado
Geological Survey and US Geological Survey.
SITE CONDITIONS
The site is a 30.92 + acre parcel located in a rural area east of Galeton in Weld County, Colorado.
The parcel consists mostly of irrigated land, which is currently planted with corn. A residence is
currently located at the northwest side at the proposed Lot I. A regeneration station is located at the
southwest corner of the property. There is an approximate l% to 2% slope generally to the southwest
with minor variations in slope direction. The slopes increase to approximately 2% to 5% at the
southwest portion. A thin layer of topsoil appears to overlie fine, clayey sand and sandy clay.
Fragments of sandstone were observed at the surface at the central and eastern portions of the parcel.
No oil or gas facilities were observed in the area. Two abandoned underground coal mines are located
approximately 3/4 to I mile to the south and southeast of the property, south of County Road 74.
��-
t ttr.4 ,Okezwx;, y &
DENVER 4501 Wadsworth Boulevard Wheat Ridge,CO 80033
303.463.9317 Fax:303.463.9321 a
GEOLOGIC/MINERAL
Job No. 12690-L
Page 2
PROPOSED USAGE
The 30.92+ acre parcel is to be divided into 5 lots ranging in size from 5.3+ to 5.6+ acres. The new
structures will require permanent foundations and onsite wastewater systems (OWS). It is unclear if
drinking water will be supplied by a local water district or onsite wells.
SITE GEOLOGY
Readily available published maps indicate that the site is underlain by the Laramie Formation. The
Laramie Formation consists of shale, claystone, sandstone and subbituminous coal deposits. The
sandstone beds are known to yield water for domestic and livestock usage. Underground coal
deposits have been mined in the area.
A soils map and tables of interpretations were compiled by Intermill Land Surveying, Inc. from the
Soil Conservation Service maps. The soils map indicates 4 soil types; the Thedalund loam, Shingle
loam, Otero sandy loam and Renohill clay loam. The Renohill, Shingle and Thedalund soils are
residual soils derived from the underlying shales. The Otero soils are eolian and outwash deposits.
The majority of the property consists of Otero sandy loam. The Shingle loam is located at the
northwest corner. The Thedalund loam covers a large portion of the northeast side and the Renohill
clay loam is mapped at the southeast corner.
A site reconnaissance was focused on verification of the conditions described in the published
documents and the identification of potential geologic hazards. Site observations did not indicate any
signs of geologic hazards caused by gravity, such as landslides, debris flows, rockfall, or unstable or
potentially unstable slopes. Man-made activities could produce conditions, which may result in
hazardous conditions if not carefully planned. A preliminary radiation survey did not indicate
radiation levels of the soil above background radiation. Our understanding that the coal mines to the
south did not extend to the subject property.
MINERAL RESOURCE STATEMENT
Not all mineral resources were evaluated for the property. The primary concern, as we understand,
are potential sand, gravel and quarry aggregate resources, which may conflict with development.
Colorado Special Publication 5-B was used as the primary reference for this preliminary evaluation
and field verified by the geologist. Based on that document, there were no potential sand, gravel or
quarry aggregate resources identified in this area. The economic feasibility of coal extraction was not
a part of this report.
DEVELOPMENT SUITABILITY
The soils map and interpretation tables indicate slight limitations for building site development and
onsite wastewater systems (OWS) in the Otero sandy loam, severe limitations for building site
development and OWS in the Shingle loam, and moderate limitations for building site development
and severe limitations for OWS in the Thedalund loam and Renohill clay loam. The limitations are
primarily due to the potential for shallow bedrock and/or slow percolation. Claystones and shales of
the Laramie Formation may exhibit expansive characteristics as moisture contents are increased. Site
specific geotechnical and percolation tests should be required for each residential structure to address
these issues.
GEOLOGIC/MINERAL
Job No. 12690.E
Page 3
CONCLUSION
This study was preliminary in nature and did not include an extensive exploration program for the
presence of oil, natural gas, uranium or other mineral resources not described above. No extractable
mineral resources covered in this report are believed to be present at this site. Although no geologic
or soil hazards appear to exist in the present condition, site specific geotechnical and onsite
wastewater investigations should be conducted as planning of the project proceeds.
If there are any questions or we can be of further service, please call.
Sincerely,
CHURCH& Associates, Inc.
72
Thomas W. Fin y
Professional Geologist
TWF
3 copies sent
AMENDED RECORDED EXEMPTION 2224 SCALE
Portion of the Southwest Quarter of 1 : 50,000
Section 33, Township 7 North, Range 64 West
of the 6th P.M., WELD COUNTY COLORADO
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VICINITY MAP
JOB NO. 12690-L FIGURE 1
AMENDED RECORDED EXEMPTION 2224 SCALE
Portion of the Southwest Quarter of 1 : 250,000
Section 33, Township 7 North, Range 64 West t
of the 6th P.M., WELD COUNTY COLORADO
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QG - GRAVELS AND ALLUVIUM (PINEDALE AND GILL LAKE AGE)
QGO - OLDER GRAVELS AND ALLUVIU4 (PRE-aLLL AGE)
QE - EOLIAN DEPOSITS
KL - LARAMIE FM. -SHALE, CLAYSTONE, SANDSTONE, AND A..OR COAL BEDS
BASED ON GEOLOGIC MA? OF COLORADO COMPILED B" OGDEN TWETO, 1979 AND SITE EVALUATION CONDUCTED BY
THIS OFFICE.
GEOLOGIC MAP
JOB NO. 12690-L FIGURE 2
AMENDED RECORDED EXEMPTION 2224 SCALE
Portion of the Southwest Quarter of 1:37,500
Section 33, Township 7 North, Range 64 West
of the 6th P.M., WELD COUNTY COLORADO
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NO RESOURCES DESCRIBED IN THE MAP AREA
BASED ON: ATLAS OF SAND, GRAVEL & QUARRY RESOURCES - COLORADO FRONT RANGE COUNTIES -COLORADO
GEOLOGICAL SURVEY SPECIAL PUBLICATION 5-B
MAP OF SAND, GRAVEL & QUARRY AGGREGEATE RESOURCES
JOB NO. 12690-L FIGURE 3
Hello