HomeMy WebLinkAbout20010654 o py
Acts"
v min PUBLIC WORKS DEPARTMENT
1111 STREET
P.O.
. BOX758
C GREELEY, COLORADO 80632
WEBSITE: www.co.weld.co.us
• PHONE (970) 356-4000, EXT. 3750
COLORADO FAX: (970) 304-6497
cield County Planning Dept..
January 30, 2001
\''w 2001
Mr. Ryan Carlson
Carlson Associates, Inc. RECEIVED
12460 1" Street
Eastlake, CO 80614-0247
Dear Mr. Carlson:
I have reviewed the revised traffic study for the Idaho Creels Subdivision. I believe the study
very adequately addressed most of my concerns about the traffic impacts of this development.
As we discussed at our meeting on January 16, 2001, I still have a few concerns. For the record,
the concerns are as follows:
1. The study did not address the effect on background volumes resulting from the
completion of WCR 7.5
2. With a school on the opposite side of a major arterial, consideration should be made
for a future pedestrian signal.
3. Has CDOT agreed to lower the design speed on State Highway(SH) 119? If the
design speeds are not lowered, are the existing acceleration/deceleration lanes
adequate?
4. Since the Western Dairyman site is not going to build out by 2002, will the signal
still be warranted?
You have agreed to supplement the report to address these issues.
In addition, you brought several questions of your own to the meeting. I was unable to answer
those questions at that time. I have brought these issues to the attention of the Director of Public
Works. For the record, I will restate the concern, and then give the director's response.
1. The left turn storage for northbound to westbound traffic at the WCR 7.5/SH 119
intersection is not sufficient. Will Weld County allow a variance to the requirement?
As a short-term solution, the painted median should contain 150' of storage on the
north end, a 100' taper, and 50' of storage on the south end at the bank. As part of
the signal installation the median will be required to extend to the southern drive.
Sufficient storage will be provided at that time.
4. EXHIBIT,
2001-0654
IStSi
2. The residential driveway on the north side of SH 119 and the Waffle House driveway
interferes with the design of the westbound to southbound turn lane. These
driveways are under the control of CDOT. We can require it be removed only as the
result of a subdivision process. We presently have a sketch plan for the development
of the property directly north and will require WCR 7.5 to continue to the north and
all existing residential driveways be eliminated as part of that development. The
Waffle House driveway can only be removed by CDOT. We don't want the access
to the proposed arterial at WCR 7.5 to be under-designed to accommodate a
restaurant, but we will comply with whatever CDOT access requirements are made.
Finally, for the record, the Public Works Department will request construction of the full
roadway section for WCR 7.5 through your development. It has always been the policy inside
the MUD that the internal roadways are completed by the developer.
Sincerely,
fl
7 ,
Diane m. Houghtaling, P.E.
Traffic Engineer
pc: S-460
SH 119
WCR 7.5
cc: Alex J. Ariniello, LSC Transportation Consultants
Tess Jones, CDOT-Greeley
Monica Daniels-Mika, Weld County Planning
M:AW PPILESVdianevDEV ELOPMEM1s-460.wpd
C1son
P.O. Box 247 12460 1st Street
Eastlake, Colorado 80614
Office:303/457-2966
Fax: 303/280-2978
February 20,2001
Ms. Diane Haughtaling
Weld County Public Works Department
1111 'H' Street
Greeley, CO 80632
Re: Construction of WCR 7.5
Dear Diane:
During the processing of the "Change of Zone" for the Idaho Creek
Subdivision, the County Commissioners granted the right to build one-half of
WCR 7.5 as shown on the attached Exhibit A. The one-half roadway did not
include any portion of the median,nor did it anticipate any construction to the
existing half of WCR 7.5 lying north of our property. The Weld County Public
Works Department has again requested that we construct a full section for WCR
7.5. This letter shall propose a compromise that should benefit all the parties.
The owners of Idaho Creek propose to construct the remaining one-half of
WCR 7.5 within the Milky Way Subdivision and the full width (110 feet) from the
Milky Way property to the southern boundary line of the Idaho Creek Property.
The owners of Idaho Creek will also be responsible for the construction o f a
traffic signal at the intersection of WCR 7,5 and Hwy 119, and a pedestrian
crossing at the southern boundary of the Idaho Creek Property.
As consideration fore doing such, the developers of Idaho Creek will
receive a full credit against the "Weld County Traffic Impact Fee" imposed on
each single family home within the subdivision. The credit will be calculated
solely upon the cost to build the remaining one-half of WCR 7.5 within the Milky
Way property and the half of WCR 7.5 within Idaho Creek over and above that
shown on Exhibit A. The developers will also receive a full credit against the
cost to purchase and install the traffic signal at WCR 7.5 and Hwy 119 and the
pedestrian crossing. In the event that the cost of one-half of WCR 7.5 and
expense of the traffic signals is less than the total amount of the Traffic Impact
Fees that would be collected on the single family lots, the remaining balance of
fees will be prorated and collected at the time of issuance of building permits for
each lot. The developer will provide Weld County with an accurate accounting
of the cost of WCR 7.5 and the expense of the traffic signals in a timely manner.
J. E*HIBtt
s
£/£ ' d 0Gdb ' nN '0NI S3INI00SSH N0S1NV1 wdoc : R Inn? • n7 ' 1
The developers shall be allowed to phase the improvements of WCR 7.5
and the traffic signal. The one-half of WCR 7.5 within Idaho Creek will be
constructed before the first building permit is pulled. The remaining one-half of
WCR 7.5 and the traffic signal will be installed before the 250 `building permit is
issued. This arrangement will also be more thoroughly detailed within the "Off-
Site Road Improvements Agreement".
Thank you for the time and consideration on this matter. If this proposal
is agreeable to the Public Works Department,we would appreciate you
assistance in informing the Weld County Planning Department and the Weld
County Board of County Commissions that we have reached an consensus on
this issue.
Sincerely,
o ey 132,L.L.C. (Owner)
Parkwood r+perties,L.L.C. (Owner)
RLC:jlc
Enclosure: Exhibit A
cc: Monica Daniels
Weld County Planning Department
7/S H 09ZZ ' oN 'GNI S3IVIOOSSV NOS1dVO INV00 : 6 1007 ' 07, Qa7
isr-
1 Federal Emergency Management Agency
Washington, D.C. 20472
February 9, 2001
MR.TODD CARTWRIGHT CASE NO.:01-08-099A
MANHARD CONSULTING COMMUNITY: WELD COUNTY,COLORADO
8232 EAST PARK MEADOWS DRIVE (UNINCORPORATED AREAS)
LITTLETON,CO 80124 COMMUNITY NO.: 080266
DEAR MR.CARTWRIGHT:
This is in reference to a request that the Federal Emergency Management Agency (FEMA) determine if the
property is located within an identified Special Flood Hazard Area, the area that would be inundated by the
flood having a 1-percent chance of being equaled or exceeded in any given year (base flood), on the
effective National Flood Insurance Program (NFIP) map. Using the information submitted and the effective
NFIP map, our determination is shown on the attached Letter of Map Amendment (LOMA) Determination
Document. This determination document provides additional information regarding the effective NFIP
map, the legal description of the property and our determination.
Additional documents are enclosed which provide information regarding the subject property and LOMAs.
Please see the List of Enclosures below to determine which documents are enclosed. If you have any
questions about this letter or any of the enclosures, please contact the FEMA Map Assistance Center toll
free at (877) 336-2627 (877-FEMA MAP) or by letter addressed to the Federal Emergency Management
Agency, 3601 Eisenhower Avenue, Suite 600, Alexandria,VA 22304-6439.
Sincerely,
Ap .& r---6 - \....VtS \-
Matthew B. Miller, P.E., Chie‘f
Hazards Study Branch
Mitigation Directorate
LIST OF ENCLOSURES:
LOMA DETERMINATION DOCUMENT(REMOVAL)
cc: State/Commonwealth NFIP Coordinator
Community Map Repository
Region
z - EXHIBIT
It55t!
' c 'AI? ' oN 'CNI HIVICCSSV NOSINUC NIHAI : II , 107 ; 1 ' °97
Page 2 of 2 I 'Date: February 9, 2001 [Case No2 0T-08-099A L LOMA
Federal Emergency Management Agency
Washington, A.C. 20472
LETTER OF MAP AMENDMENT
DETERMINATION DOCUMENT (REMOVAL)
ATTACHMENT 1 (ADDITIONAL,CONSIDERATIONS)
LEGAL PROPERTY DESCRIPTION (CONTINUED)
angle of 22°37'37", a radius of 640.00 feet,an arc length of 252.75 feet, a chord bearing of S 12"02'22" E and a chord distance of 251.11
feet;thence tangent to said curve S 23°21'10" E,227.69 feet to the beginning of a tangent curve; thence along said curve to the right
having a central angle of 17°41'34", a radius of 345.00 feet, an arc length of 106.54 feet,a chord bearing of South 14°30'23" E and a
chord distance of 106.11 feet:thence S 89°05'05"W, 870.91 feet to the POINT OF BEGINNING
PORTIONS OF THE PROPERTY REMAIN IN THE SFHA(This Additional Consideration applies to the preceding 1
Property.)
This Determination Document has removed the subject of the determination from the Special Flood Hazard Area (SFHA).
However, portions of the property may remain in the SFHA. Therefore, any future construction or substantial improvement
on the property remains subject to Federal, State/Commonwealth, and local regulations for floodplain management.
ZONE A (This Additional Consideration applies to the preceding 1 Property.)
The NFIP map affecting this property depicts an SFHA that was determined using the best flood hazard data available to
FEMA, but without performing a detailed engineering analysis. The flood elevation used to make this determination is based
approximate methods and has not been formalized through the standard process for establishing base flood elevations
fished in the Flood Insurance Study. This flood elevation is subject to change.
This attachment provides additional information regarding this request If you have any questions about this attachment, please contact the FEMA Map
'stance Center toil free at(077)336-2527(877-FEMA MAP)or by letter addressed to the Federal Emergency Management Agency, 3601 Eisenhower
.:nue,Suite 600,Alexandria,VA 22304-6439.
Matthew 6.Miller,P.E.,Chief
Hazards Study Branch
Mitigation Directorate Version 1.3.2 2418012CASO4084520099
S ' C 7,0l3 ' 0N 'ONI S3IVIOOSSV NOSl3VO WVEI : II I9U3 ' iI ' Ca3
Page 1 of 2 I 'Date: February 9, 2001 lens No.: 01-08-099A LOMA
rd ,n't L�nM• y ��j'' Federal Emergency Management Agency
r, _v Washington, D.C. 20472
LETTER OF MAP AMENDMENT
DETERMINATION DOCUMENT (REMOVAL)
COMMUNITY AND MAP PANEL INFORMATION LEGAL PROPERTY DESCRIPTION
WELD COUNTY,COLORADO A portion of Section 10, Township 2 North, Range 68 West, 6th Principal
(Unincorporated Areas) Meridian, as described in the Warranty Deed recorded as Instrument
COMMUNITY No. 2733146. in the Office of the Recorder, Weld County. Colorado
COMMUNITY NO.: 080266
NUMBER: 0850 C The legal description of the portion mentioned above is as follows:
COMMENCING at the center west one-sixteenth corner of Section 10;thence
AFFECTED NAME:WELD COUNTY,COLORADO N 00'30'50"W, 40.00 feet;thence N 89'05'05"E, 367.27 feet to the POINT
MAP PANEL OF BEGINNING; thence N 00'30'50"W,560.00 feet; thence N 89°05'05" E,
706.70 feet;thence along a curve to the left having a central
DATE:09/2811982
FLOODING SOURCE: ST. VRAIN CREEK AND BOULDER APPROXIMATE LATITUDE&LONGITUDE OF PROPERTY:40.154,-104.991
CREEK SOURCE OF LAT I;LONG: DATUM; NAD83
DETERMINATION
OUTCOME 1%ANNUAL LOWEST LOWEST LOWEST
WHAT IS CHANCE ADJACENT FLOOR LOT
- BLOCK/ SUBDIVISION STREET REMOVED FLOOD FLOOD GRADE ELEVATION ELEVATION
SECTION FROM THE ZONE ELEVATION ELEVATION
SFFW (NGVD 29) (NGVD 29) (NGVD 29) (NGVD 29)
Section 10 Portion of
Property C 4850.0 feet 4850,0 feet — ,—
Special Flood Hazard Area(SFHA)-The SFHA is an area t hat would be inundated by the flood having a 1-percent chance of being equaled or
exceeded in any given year(base flood).
ADDITIONAL CONSIDERATIONS(Please refer to the appropriate section on Attachment 1 for the additional considerations listed below.)
LEGAL PROPERTY DESCRIPTION(CONTINUED)
PORTIONS REMAIN IN THESFHA
ZONE A
This document provides the Federal Emergency Management Agency's determination regarding a request for a Letter of Map Amendment for the property
described above. Using the information submitted and the effective National Flood Insurance Program (NFIP) map, we have determined that the
property(ies) is/are not located in the SFHA, an area inundated by the flood having a 1-percent chance of being equaled or exceeded in any given year
(base flood). This document amends the effective NFIP map to remove the subject property from the SFHA located on the effective NFIP map; therefore,
the Federal mandatory flood Insurance requirement does not apply, However, the lender has the option to continue the flood insurance requirement to
protect its financial risk on the loan, A Preferred Risk Policy (PRP)is available for buildings located outside the SFHA. Information about the PRP and
how one can apply is enclosed.
This determination is based on the flood data presently available. The enclosed documents provide additional information regarding this determination. If
you have any questions about this document, please contact the FEMA Map Assistance Center toll free at(877)336-2627 (877-FEMA MAP)or by letter
addressed to the Federal Emergency Management Agency,3601 Eisenhower Avenue,Suite 600,Alexandria,VA 22304-6439.
Matthew B. Miller,P.E.,Chief
Hazards Study Branch
Mitigation Directorate Version 1.3.2 2418012CAS04084520099
•
t ' d 30 [? ' °N ' OH' S31'VI00SSV NOS1SV0 INVCI : II 1002 ' yl ' gad
r)74v ' Federal Emergency Management Agency
��� Washington, D.C. 20472
ADDITIONAL.INFORMATION REGARDING
LETTERS OF MAP AMENDMENT
When making determinations on requests for tans of Map Amendment(LOMAs),the Faked Emergency
Management Agency(FEMA)bases its determination on the flood hazard information available at the time
may
be of the determination. Requesters should be aware that flood conditions may change or new information
by generated that would supersede FEMA's - In such ca:� immunity will be informed Requesters also Flood Hazard Area should be aware that FEMAremoval
has of a property(parcel of land or subject structure)from the Special
flood having a 1-percent chance of being equabd or exceeded indetermined the any is not (base
to inundation). Thid byes the
o
mean the property is. not subject to other flood hazards. Theany property year(base dated) a f does
a magnitude greeter than the base flood or by localized wconlod the inundated byNational a flood with
insurance Program(NFIP)map- flooding not shown on effective Flood
The effect of a LOMA is it removes the Federal requirement fix the
lender
ma a aragein Sr t be property dared. The LOMA is pot a waiver of the conditio require flood
covthe property owner
requirement because the imposed thethe requirement. can waive the flood i purchase
written waiver from the ie&r before property meter leer request of and receive wa a
business decision,that it wishes to continue the insurance The lender °nib own as a
the loan. requitement to protect its financial risk on
The LOMA provides FEMA's comment on the mandatory flood insuranceNFIP as
apply to a particular property. A LOMA is not a requirements cots of tee they
development,new building peent rmit,property,nor should it be a LOMA as such.c Any
with all applicable_Sta construction,
criteria ba�ndpt�hervFederal criteria. a must comply
If a lender releases a property owner from the flood insurance requirement,and the property owner decides
to cancel the policy and seek a refund,the NFIP will refund the premium paid for the current policy year,
provided that no claim is pending or has been paid on the policy during the current policy year. The property
owner must provide a written waiver of the insurance requirement from the lender to the property insurance
agent or company servicing his or her policy. The agent or company will then process the refund request.
Even though structures are not located in an SFHA,as mentioned above,they could be flooded by a flooding
event with a greater magnitude than the base flood- In fact,more than 25 percent of all claims paid by the
NFIP are for policies for structures located outside die SFHA in Zones B,C, X(shaded),or X(unshaded).
More than one-fourth of all policies purchased under the NFIP protect structures located in these zones. The
risk to structures located outside SFHAs is just not as great as the risk to structures located in SFHAs.
Finally,approximately 90 percent of all federally declared disasters are caused by flooding, and homeowners
insurance does not provide financial protection from this flooding. Therefore, FEMA encourages the widest
possible coverage under the NFIP.
LOMAENC-1
06/26/00
' d Oll ' �N ' DHI S31VIDOSSV NOS-O0 WVE1 : 11 1003 ' 9 [ ' gdl
TheieNF1P offers two types of flood insurance policies to property owners: the low-cost Reformed Risk
Policy(PRP) and the Standard Flood Insurance Policy (SFIP). The PRP is available for 1-to 4-family
residential structures located outside the SFHA with little or no loss history. The PRP is available for
townhouseshowhousetype structures,but is not available for other types of condominium units. The SF1P
is available fir all other structures. Additional intimation on the PRP and how a Feeney owner an"edify
for this typo of policy may be obtained by calling the Flood Insurance Information Hotline,toll free,at
1400.427-4661. Before making a that decision about flood meteaice coverage,FEMA stronglysnooriges
property owners to discuss their individual flood risk situations and insurance needs with in instance age t
or company.
•
FEMA makes flood insurance available in participating communities; in addition, we =courage
communities to develop their own loss reduction and privation programs. 'through the Project
Impact: Building Disaster Resistant Coarnnarities initiative,launched by FEMA Director James Lee Wilt
in 1997,we seek to focus the energy of businesses,citizens,sod conummitias in the United States on the
importance of reducing their srsmpdrilily b the impact of all neutral dinrltaa,including floods,Inurka es,
severe storms,earthquakes,and wiW£aes. Natural bazars mitigation is most effective when it is planned for
and implemented at the local level,by the entities who are most knowledgeable of local conditions and
whose economic stability and safety are at stake. Far your information, we are enclosing a copy of a
pamphlet describing this nationwide initiative. For additional information on Project Impact,please visit
our website at www.feasa ravihneact.
FEMA has established"C>mdtilher"rules to benefit flood insurance policyholders who have maintained
continuous coverage. Property owners may with to noes also that,if they live outside but m the fringe of
the SFHA shown on an effective NFl?in and the mast is revised to expand the SFHA to include their
structure(s),their flood insurance policy rates will not increase as long as the coverage for the affected
structure(*)has been continuous. Property owners would continue to receive the lower insurance policy
rates.
LOMAs are based on minimum criteria established by the NFIP. State,county,and community officials,
based on knowledge of local conditions and in the interest of safety, may set higher standards for
construction in the SFHA. If a State,county,or community has adopted more restrictive mod comprehensive
floodplain management criteria,these criteria take precedence over the minimum Federal criteria.
In accordance with regulations adopted by the community when it made application to join the NFIP,letters
issued to amend an NF1P map must be attached to the community's official record copy of the map. That
map is available for public inspection at the community's official map repository. Therefore,FEMA sends
copies of all such letters to the affected community's official map repository.
When a restudy is undertaken,or when a sufficient number of revisions or amendments occur on particular
map panels,FEMA initiates the printing and distribution process for the affected panels. FEMA notifies
community officials in writing when affected map panels are being physically revised and distributed. In
such cases, FEMA attempts to reflect the results of the LOMA on the new map panel. If the results of
particular LOMAs cannot be reflected on the new map panel because of scale limitations, FEMA notifies
the community in writing and revalidates the LOMAs in that letter. LOMAs revalidated in this way usually
will become effective I day after the effective date of the revised map.
LOMAENC-1
06126/00
9 a 30 [3 ' oN •ONI S3IVIOOSSV NOS1aV0 NIVt [ : L 100? ' GI CO-
'!FROM : BAG PHONE NO. : 303 772 6105 Dec. 19 2000 03:46PM P1
BERNARD LYONS
"-' DANIEL.RL•RN.41iD 51<IOMRn0K srRrbT
RICHARD N.LYONS,11 CADDIS & KAHN POST OFFICE BOX 978
IEFPRPV J.KAHN LONOMON'1,CO tlU502-0918
JOHN W.OADDIS 101-77f-9900
BRADLEY A,HALL
A PROFESSIONAL CORPORATION VAX 101-41.1-low
STEVEN P.JEFFEIRS ATTORNEYS AND COUNSELORS E-MAIL iu(o(•gilglaw.com
WENDY SL2E RUDNIK
ANTON V.DWORAK
wrudnik@blglawcom
December 19, 2000
Ryan Carbon VIA FACSIMILE: 303-280-2978
12460 First Street
East Lake, CO 80614
Re: Assignment of Agreement
Dear Ryan:
The Rural Ditch Company acknowledges receipt of the Notice of Assignment of the
Agreement Between the Rural Ditch Company and Clay Carlson, dated October 18,
2000. It is our understanding that the property has been sold to Clear Creek 48, LLC,
and that all notices should be sent to: Clear Creek 48, LLC, 12460 First Street, East
Lake Colorado 80614.
Sincerely,
BERNARD, LYONS, CADDIS & KAHN,
a Professional Corporation
By
Wendy S. Ru nik
WSR:pp
cc: Dan Grant
IXHIBit 's
essq
D:\CLIENTSIR\RURADICARIL•CARLSON DOC 12/19/00
ASSIGNMENT OF DITCH AGREEMENT
For value received, I hereby assign all of my right, title and interest in and to the agreement
known as"Agreement Between Rural Ditch Company and Clay Carlson."
{
situated in the N/A *County of Weld , Colorado
between Rural Ditch Company (Ditch Company),
and Clay Carlson (Licensee),
and recorded July 17,1999,at Reception Number 270.6140 ,to Clear Creek 4$.L.L.C.
- - *- q Jv
ar, eek .L. . (Date)
;�, _ \�-c
u .
Clay Car on (Date)
STATE OF COLORADO )
)ss.
COUNTY OF._ et new )
The foregoing instrument was acknowledged before me this f day of ! C'.L fLb 7,20Cic),
by Q ', -r/ n 4 ( /1izeL 4't LLC '/ /Ct, 6r(SoYL .
Witness my hand and official seal.
My commission expires U3-fC///d&)'' \\011MIIIII/0/
I
� �_,N4'(•L:.P00%0
I '•�pTAgr••'� 0
/ �_
G, -( Qlici t.
Notary Publt� � '�'
if in Denver,insert"City and". P iN�•
PU$L1
•• C, p
44�F�0F COP
�'
AGREEMENT BETWEEN
RURAL DITCH COMPANY AND
CLAY CARLSON
1. PARTIES. The parties to this Agreement are the RURAL DITCH COM-
PANY, a Colorado mutual ditch company (Ditch Company), and CLAY CARLSON
(Licensee). Ditch Company and Licensee are hereinafter jointly referred to as the
Parties.
2. RECITALS. Licensee owns the property described in EXHIBIT A consisting
of about 100 acres in Section 10,. Township 2 North, Range 68 West (the Property).
Licensee is in the process of platting the Property as Idaho Creek P.U.D. The Ditch
Company owns a prescriptive easement for the operation and maintenance of the
Rural Ditch (Ditch) which consists of a total of 60 feet, 30 feet on each side of the
centerline of the Ditch (Ditch Easement). The Ditch runs south to north near the
eastern boundary of Licensee's property. Licensee desires to construct a recreation
trail along the east side of the Ditch. The Parties desire to execute this Agreement to
define certain rights, responsibilities and obligations of the Parties.
3. RECREATION TRAIL AND DITCH MAINTENANCE. Licensee agrees the
recreation trail shall be constructed or installed outside the Ditch Easement. No
structures or landscaping except for grass may be constructed within the Ditch
Easement without the prior written consent of the Ditch Company. The Ditch
Company shall be responsible for the cleaning and maintenance of the Ditch.
4. REIMBURSEMENT. Licensee agrees to reimburse the Ditch Company (or
pay directly) for all reasonable legal costs and administrative costs of the Ditch
Company incurred by it in entering into this Agreement. Statements for the costs
chargeable to Licensee pursuant to this Agreement shall be forwarded to Licensee
and the same shall be paid to Ditch Company within 30 days after the billing date. If
payment has not been received by the Ditch Company within 30 days, Licensee shall
have breached this Agreement and Ditch Company may institute legal proceedings to
collect the amount due and owing. In such a proceeding, the Ditch Company shall be
entitled to its costs and reasonable attorneys' fees from Licensee.
5. TERM. This Agreement, unless modified by Court order or agreement of the
Parties, shall be perpetual.
6. INDEMNITY. Licensee, its successors and assigns, agree to indemnify and
hold harmless Ditch Company, its successors and assigns, from claims and liability,
defense costs, including reasonable attorneys' fees, for damage or injury to property
GaGLIENTS1MRMRAOM:ARLSON-AGREEMENT.000 11/12/98 9:28 AM
4. EXHIBIT
or persons arising from or caused directly or indirectly by the use of the recreation
trail constructed by Licensee and any acts occurring on Licensee's property, except
to the extent that such claims and liability result from Ditch Company's sole acts or
omissions or those of the Ditch Company's agent or contractors.
7. RECORDATION. This Agreement shall be recorded at the cost of Licensee
and shall be binding on any successors of the Parties. This Agreement shall specifi-
cally run with the Ditch Company's easement and the Property.
8. NOTICES. Any notice required or permitted by this Agreement shall be in
writing and shall be deemed to have been sufficiently giver. for all purposes if sent by
certified or registered mail, postage and fees prepaid, addressed to the party to
whom such notice is intended to be given at the address set forth below, or at such
other address as has been previously furnished in writing to the other party or
Parties. Such notice shall be deemed to have been given when deposited in the U.S.
mail.
DITCH COMPANY: LICENSEE:
Rural Ditch Company Clay Carlson
c/o Frank Sewald, President 12460 la Street
11979 WCR 13 Eastlake, CO 80614
Longmont, CO 80504
COPY TO: COPY TO:
Wendy S. Rudnik, Esq.
Bernard, Lyons & Gaddis, P.C.
P.O. Box 978
Longmont, CO 80502-0978
9. EXHIBITS. All exhibits referred to in this Agreement are, by reference,
incorporated in this Agreement for all purposes.
DATED:
O:ICLIENTIMMItURAOU:ARLSON•AOREEMENT.DOC 11/12/98 9:38 AM
2
12/07/00 THL 15:46 FAX 303 708 0400 MANHARI) CONSULTING U 0U7
BULK STUDY
IDAHO C � EE -< S , 3DiVISIO \ N N
WELD COUNTY, COLORADO
3LOCK 9 , LOT 12
40' TYPICAL
10' REAR SETBACK
I
5' SIDE
i 5' SIDE
SETBACK
SETBACK f --
CONC.
STOOP?
28.00' J
a
TYPICAL HOME a
(CHALET 228.0951) d
i >-
' n F-
O
N N
10.00 O
N
18.00'
PORCH
DRIVE-
WAY I
I
18• GARAGE SETBACK B_0 W.
ACTUAL R1
MIN LOT SIZE 2498 SF 6000 SF
AVG LOT SIZE 3106 SF
MIN SETBACK 5 FT 20 FT 1 EXHIBIT
MIN SETBACK GARAGE 18 FT 20 FT
MIN SETBACK FRONT 10 FT 20 FTI :EEL
MIN SETBACK REAR 10 FT 20 FT S 4S<LI
MIN SETBACK SIDE 5 FT 20 FT
MIN OFFSET 10 FT 6 FT
MAX BUILDING HEIGHT 30 FT 30 FT
MAX LOT COVERAGE 41% 50%
GRAPHIC SCALE
20 0 10 20 40
DATE REVISIONS BY
( IN FEET )
1 inch = 20 ft.
�*��pT rte, IDAHO CREEK SUBDIVISION
''- MANIABD CONSULTINGLTD• WELD COUNTY, COLORADO
}..-y.�_\- ENGINEERS • SURVEYORS •PLANNERS BULK STUDY
;(if;;, 8232 E. Park Meadows Dr. Littleton, Colorado 80124
' tel. 303/708-0500 fax: 303/708-0400 http://www.MADHARU.eem DRAWN BY. 5.E.S. Mr I I /29/00 SCALE. I ' - 20' CODE,KBCWCC PROJ[CT,C116
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IDAHO CREEK SUBDIVISION �
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WELD COU \TY, COLORADO
BLOCK 1 , LOT 47
10' REAR SETBACK
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5' SIDE CONC. SETBACK
SETBACK STOOP n
28.00• I
TYPICAL HOME
_(CHALET 228.1074)
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F- -16' GARAGE SETBACK
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ACTUAL R1
MIN LOT SIZE 2498 SF 6000 SF
AVG LOT SIZE 3106 SF
MIN SETBACK 5 FT 20 FT
MIN SETBACK GARAGE 18 FT 20 FT
MIN SETBACK FRONT 10 FT 20 FT
MIN SETBACK REAR 10 FT 20 FT
MIN SETBACK SIDE 5 FT 20
MIN OFFSET 10 FT 6 FT
MAX BUILDING HEIGHT 30 FT 30 FT
MAX LOT COVERAGE 41%
GRAPHIC SCALE
20 0 10 20 40
DATE REVISIONS . BY
( IN FEET )
I inch = 20 it.
r,, IDAHO CREEK SUBDIVISION
MANHARD CONSULTINGLm• WELD COUNTY, COLORADO
_ )a ,,,,, ENGINEERS • SURVEYORS • PLANNERS BULK STUDY
i , 8232 E. Park Meadows Dr, Littleton, Colorado 80124
tel: 309/708-0500 fax: 309/700-0400 http://Yn.MANNARB.com DRAIN sr. 5.E.S.lo`n E I I/29/00locAun 1 20'I coon KBCWCC PROJECT.C.
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ACTUAL R1 '
MIN LOT SIZE 2498 SF 6000 SF
AVG LOT SIZE 3106 SF
MIN SETBACK 5 FT 20 FT
MIN SETBACK GARAGE 18 FT 20 FT
MIN SETBACK FRONT 10 FT 20 FT
MIN SETBACK REAR 10 FT 20 FT
MIN SETBACK SIDE 5 FT 20 FT
MIN OFFSET 10 FT 6 FT
MAX BUILDING HEIGHT 30 FT 30 FT
MAX LOT COVERAGE 41% 50%
GRAPHIC SCALE
DATE REVISIONS BY 20 0 10 20 40 '
!"idi_virrimin.
( IN FEET )
— I inch = 20 It.
IDAHO CREEK SUBDIVISION
MANHARD CONSULTINGLTD. WELD COUNTY, COLORADO _
�s; ENGINEERS •SURVEYORS•PLANNERS
1 8232 E. Park Meadows Or. Littleton, Colorado 80124 BULK STUDY
tel:309/708.0500 In:803/108-0400 6ilp://wwn.NANNdRO.rom DRAWN SY, 5.E.S. RELEASE I I/29/00 SCALE, I 20'CODE,KBCWCC PROJECT.C116
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