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Home My WebLink About20011928.tiff tigt•ri APPLICATION FLOW SHEET WEL�r► COLORADO APPLICANT: Floyd Oliver, Elms at Meadow Vale 3rd Filing CASE #: S 579 REQUEST: Final Plat for a 108 Lot PUD LEGAL: NW4 Section 4, Township 2 North, Range 68 West LOCATION: East of and adjacent to WCR 5.5; south of and adjacent to WCR 26 PARCEL ID#: 1313 04 000053 ACRES: 58.779 Date By Application Received 09-12-2000 ko Application Completed 09-19-2000 ko Referrals listed 09-19-2000 ko File assembled Gtaapo l it Letter to applicant mailed Vicinity map prepared Referrals mailed Chaindexed Field check by DPS staff Administrative Review decision:� Ii iI • ?�, _ O "U Ti �I llj � NcW 9 Date By County Commissioners Hearing Date (if applicable) Surrounding property owners notified Air photo and maps prepared CC action: CC resolution received Recorded on maps and filed Overlay Districts Road Impact Fee Area Zoning PUD Airport Yes No_x_ Yes No Geologic Yes No_x_ SW Weld #1 #2 #3 Flood Hazard Yes No_x Windsor Panel #: 080266 0850 C 2001-1928 PUD FINAL PLP", ADMINISTRATIVE R. .IEW COLORADO CASE NUMBER: S-579 PLANNER: Kim Ogle APPLICANT: Floyd Oliver ADDRESS: 2385 Homestead Place, Longmont, CO 80504 REQUEST: The Elms at Meadow Vale Final Plat, Third Filing, Phase One, a 108-Lot Residential Planned Unit Development LEGAL DESCRIPTION: Pt. NW 1/4 of Section 4, Township 2 North, Range 68 West of the 6th P.M., Weld County, Colorado. LOCATION: West of and adjacent to Weld County Road 5.5; South of and adjacent to Weld County Road 26 and approximately one mile north of Weld County Road 5.5. Immediately north of and adjacent to The Elms at Meadow Vale PUD, First and Second Filing, Phase One. ACRES: 58.779, more or less PARCEL#: 1313 04 000053 NOTES: Third Filing, Phase One, a Part of Z-513 a Change of Zone from Agriculture to PUD Third Filing, Phase One, a part of Recorded Exemption 2540 Not to exceed 108 Residential units THE DEPARTMENT OF PLANNING SERVICES' STAFF APPROVES THIS APPLICATION FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 7.3 of the Weld County PUD Ordinance 197. 2. It is the opinion of the Department of Planning Services' Staff that the application has shown compliance with Section 7.4.3 of the Weld County Planned Unit Development Ordinance, as follows: A. Section 7.4.3.2 That the uses which would be allowed on the subject property will conform to the Performance Standards outlined in Section 2 of this Ordinance. The approved Conditions of Approval will ensure that the twenty standards which are outlined in this section are met. B. Section 7.4.3.3 That the uses which would be permitted will be compatible with the existing or future development of the surrounding area as permitted by the existing zoning, and with the future development as projected by the comprehensive plan or master plans of affected municipalities. This site is located within the planning area, not in an Urban Growth Boundary area recognized by Weld County, for the Town of Mead, and the City of Longmont. The Town of Mead and The City of Longmont returned a favorable referral with comments that are addressed in the Conditions of Approval. C. Section 7.4.3.4 The PUD Zone District shall be serviced by an adequate water supply and sewage disposal system in compliance with Section 2 of this Ordinance. Domestic water service for this site will be provided by the Long's Peak Water District with Left Hand Water District providing water for fire suppression and the St. Vrain Sanitation District will provide adequate means of sewage removal. Service,Teamwork, Integrity,Quality 1 r—• e-. g. The applicant shall provide evidence of final approval from Mountain View Fire District to the Department of Planning Services'. COh1 b t'r''n MGT_ h. The applicant shall provide two sets of construction drawings for all internal and external roads for review and approval by the Weld County Department of Public Works per Section 7.2.9.2 of the Subdivision Ordinance. Evidence of approval shall be submitted to the Department of Planning Services. The engineer shall meet with the Public Works Department to discuss design criteria. t2 —Vi$t t7Ne4w5 'TL' g ai M i cr o. The applicant shall provide evidence of final approval from the Weld County Sheriffs Office regarding security of the oil and gas facilities located within Open Space Area"A". j. The applicant shall meet with the Weld County Department of Planning Services' Long Range Planner to discuss how the trail shall be located and connected with the public St. Vrain Valley Trails and Open Lands Project and submit evidence of such to the Department V1O61-41/ of Planning Services'. k. The applicant shall submit a Building Permit Application for a Demolition Permit and pay the appropriate fees for the existing residence that is to be removed from the premises. Weld County Department of Planning Services' recognizes that the residence has been removed from the property as of November 1, 2090. fl 4_MLL The applicant shall provide a modified drainage study discussing the storm sewer design and cross culverts within this filing. cOe4 ,i not.' McZ"_.__._ 2. The Final Plat shall meet all requirements of Section 9.2 of the Weld County PUD Ordinance#197, and shall delineate the following information: a. All appropriate easement locations, sizes, and titles, in accordance with Section 10.6 of the Weld County Subdivision Ordinance. b. The note stating"Detention Pond"shall be removed. This area was approved by the Board of County Commissioners at the Change of Zone (Z-513) hearing as a Park "...that is centrally located and would provide an active useable park space." Further, Note 2, on the Landscape Plat(Sheet 5 of 5) states"Park area to include native grasses, trees, irrigation and pedestrian_pathways. Picnic Tables will be provided within thepark." 3. The Plat shall include the most recent version of the"Weld County Right to Farm"note from the Weld County Comprehensive Plan dated October 31 2000. 4. The Final Plat shall be submitted to the Department of Planning Services for recording within 30 days of approval by the Department of Planning Services. 5. The Final Plat is conditional upon the following and that each be placed on the Final Plat as notes prior to recording: tto rn- MVM Me&YV a. The PUD (Third Filing, Phase One) shall consist of one hundred eight(108) residential lots and common open space. The PUD allows for uses which shall comply with the requirements as set forth in Section 35 of the Weld County Zoning Ordinance. The common open space shall be owned and maintained by the Homeowners Association, in accordance with Section 6.3.5 of the Planned Unit Development Ordinance. b. Domestic water service shall be provided by the Long's Peak Water District; Left Hand Water District will provide water for fire suppression and irrigation; sewage disposal shall be from Service,Teamwork, Integrity,Quality 3 St. Vrain Sanitation District. c. Installation of utilities shall comply with Section 12 of the Weld County Subdivision Ordinance. d. All sites designated as"Open Space" shall also serve as drainage and utility easements. e. Any signs, including entrance signs, entrance walls and identification walls, located on the property shall require building permits and shall adhere to Section 42.2 of the Weld County Zoning Ordinance and Section 2.8 of the Weld County Mixed Use Development Ordinance. f. The applicant shall be required to construct one half of the typical cross section of Weld County Road 5.5 in accordance with Figure 2.10 of the Mixed Use Development Plan, the Development Standards and all requirements of the Department of Public Works. Appropriate acceleration and deceleration lanes shall be required for the subdivision road intersection (Pearl Howlett Road)with Weld County Road 5.5. g. Outdoor storage shall be screened from public rights of ways, and adjacent properties. g. All local roadways within the subdivision shall meet the requirements of the MUD local residential standard. (Section 2.7 of the Mixed Use Development Ordinance) h. During development of the site, all land disturbance shall be conducted so that nuisance conditions are not created. If dust emissions create nuisance conditions, at the request of the Weld County Department of Public Health & Environment, a fugitive dust control plan must be submitted. In the event that five(5)or more acres are disturbed during the construction and development of this site,the applicant shall obtain a Storm Water Discharge Permit from the Water Quality Control Division of the Colorado Department of Public Health and Environment. The applicant shall obtain a Storm Water Discharge Permit from the Water Quality Control Division of the Colorado Department of Public Health and Environment, if required. Silt fences shall be maintained on the down gradient portion of the site during all parts of the construction phase of the project. j. In accordance with the Regulations of the Colorado Air Quality Control Commission any development that disturbs more than five(5)acres of land must incorporate all available and practicable methods which are technically feasible and economically reasonable in order to minimize dust emissions. k. If land development creates more than a twenty-five (25) acre contiguous disturbance, or exceeds six(6)months in duration,the responsible party shall prepare a fugitive dust control plan, submit an air pollution emissions notice, and apply for a permit from the Colorado Department of Public Health and Environment. The site shall maintain compliance with the Mountain View Fire Protection District at all times. m. The surface agreement for mineral rights on the site limits the drilling of oil and gas wells to a specific location and the applicant has agreed that no waivers will be signed that allows drilling of wells in any other location. n. The applicant shall provide"NO PARKING" signs where any road width is only twenty (20) feet. Service,Teamwork, Integrity,Quality 4 o. Landscaping within the intersection sight distance triangle shall be less than 3.5 feet at maturity. p. The site shall maintain compliance at all times with the requirements of the Weld County Public Works Department, Weld County Department of Public Health & Environment, and the Weld County Department of Planning Services. q. The applicant shall comply with Sections 8.8, 8.9,and 8.10 of the Weld County Planned Unit Development Ordinance, as follows: 8.8 Failure to Record a Planned Unit Development Final Plan - If a Final Plan plat has not been recorded within one (1)year of the date of the approval of the PUD Final Plan, or within a date specified by the Board of County Commissioners, the Board may require the landowner to appear before it and present evidence substantiating that the PUD Final Plan has not been abandoned and that the applicant possesses the willingness and ability to record the PUD Final Plan plat. The Board may extend the date for recording the plat. If the Board determines that conditions supporting the original approval of the PUD Final Plan cannot be met, the Board may, after a public hearing, revoke the PUD Final Plan; 8.9 Failure to Commence a Planned Unit Development Final Plan - If no construction has begun or no USE established in the PUD within one (1)year of the date of the approval of the PUD Final Plan,the Board of County Commissioners may require the landowner to appear before the it and present evidence substantiating that the PUD Final Plan has not been abandoned and that the applicant possesses the willingness and ability to continue the PUD. The Board may extend the date for initiation of the PUD construction and shall annually require the applicant to demonstrate that the PUD has not been abandoned. If the Board determines that conditions supporting the original approval of the PUD Final Plan have changed or that the landowner cannot implement the PUD Final Plan,the Board may,after a public hearing, revoke the PUD Final Plan and order the recorded PUD Plan vacated. 8.10 Failure to Comply with the PUD Final Plan -The Board of County Commissioners may serve written notice upon such organization or upon the owners or residents of the PUD setting forth that the organization has failed to comply with the PUD Final Plan. Said notice shall include a demand that such deficiencies of maintenance be cured within thirty (30) days thereof. A hearing shall be held by the Board within fifteen(15)days of the issuance of such notice, setting forth the item,date and place of the hearing. The Board may modify the terms of the original notice as to deficiencies and may give an extension of time within which they shall be rectified. 8.10.1 Any PUD Zone District approved in a Final Plan shall be considered as being in compliance with the official Subdivision Ordinance and 30-28-101, et seq., CRS. 6. The applicant shall provide the Mountain View Fire Protection District with an 8.5 x 11 inch map of the subdivision showing the street configuration, street names, hydrant locations and addresses of all lots. 7. Prior to the release of any building permits: a. The applicant shall supply a designated street sign and stop sign at the appropriate location adjacent to Weld County Road 5.5 and Weld County Road 26. b. The applicant shall supply evidence to the Department of Planning Services that all Service,Teamwork, Integrity,Quality 5 requirements of the Mountain View Fire District have been met, including adequate fire protection for each building parcel. c. The applicant has signed a cash-in-lieu payment agreement with the St.Vrain Valley School District. Prior to the release of any building permit, evidence of payment shall be in hand before the permit is released. d. Effective December 1, 1999, Building Permits issued on lots in the Elms at Meadow Vale subdivision will be required to adhere to the fee structure of the Southwest Weld Service Area Road Impact Program. (Ordinance 211) Service,Teamwork, Integrity,Quality 6 PUD FINAL PLAT RF ADMINISTRATIVE RF^z•EW vertp., COLORADO CASE NUMBER: S-579 PLANNER: Kim Ogle APPLICANT: Floyd Oliver ADDRESS: 2385 Homestead Place, Longmont, CO 80504 REQUEST: The Elms at Meadow Vale Final Plat, Third Filing, Phase One, a 108-Lot Residential Planned Unit Development LEGAL DESCRIPTION: Pt. NW 1/4 of Section 4, Township 2 North, Range 68 West of the 6th P.M., Weld County, Colorado. LOCATION: West of and adjacent to Weld County Road 5.5; South of and adjacent to Weld County Road 26 and approximately one mile north of Weld County Road 5.5. Immediately north of and adjacent to The Elms at Meadow Vale PUD, First and Second Filing, Phase One. ACRES: 58.779, more or less PARCEL#: 1313 04 000053 NOTES: Third Filing, Phase One, a Part of Z-513 a Change of Zone from Agriculture to PUD Third Filing, Phase One, a part of Recorded Exemption 2540 Not to exceed 108 Residential units THE DEPARTMENT OF PLANNING SERVICES' STAFF APPROVES THIS APPLICATION FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 7.3 of the Weld County PUD Ordinance 197. 2. It is the opinion of the Department of Planning Services' Staff that the application has shown compliance with Section 7.4.3 of the Weld County Planned Unit Development Ordinance, as follows: a. Section 7.4.3.2 That the uses which would be allowed on the subject property will conform to the Performance Standards outlined in Section 2 of this Ordinance. The approved Conditions of Approval will ensure that the twenty standards which are outlined in this section are met. b. Sectiorr 1.4.3.3 That the uses which would be permitted will be compatible with the existing or future development of the surrounding area as permitted by the existing zoning, and with the future development as projected by the comprehensive plan or master plans of affected municipalities. This site is located within the planning area,not in an Urban Growth Boundary area recognized by Weld County, for the Town of Mead, and the City of Longmont. The Town of Mead and The City of Longmont returned a favorable referral with comments that are addressed in the Conditions of Approval. c. Section 7.4.3.4 The PUD Zone District shall be serviced by an adequate water supply and sewage disposal system in compliance with Section 2 of this Ordinance. Domestic water service for this site will be provided by the Long's Peak Water District with Left Hand Water District providing water for fire suppression and the St. Vrain Sanitation District will provide adequate means of sewage removal. Service,Teamwork, Integrity,Quality 1 d. Section 7.4.3.5 That street or highway facilities providing access to the property are adequate in functional classification, width, and structural capacity to meet the traffic requirements of the uses of the proposed zone district. The Weld County Public Works Department has made provision for appropriate means of access to the lots contained within this PUD. e. Section 7.4.3.7 That there has been compliance with the applicable requirements contained in the Zoning Ordinance regarding overlay districts, commercial mineral deposits, and soil conditions on the subject site. This site is located within the Mixed Use Development overlay district, as recognized by Weld County. Adequate provision has been made for the construction of homes and the connection to utilities on the site. f. Section 7.4.3.8 If compatibility exists between the proposed uses and criteria listed in the Development Guide, and the Final Plan exactly conforms to the Development Guide. The Department of Planning Services has determined that the Final Plan does accurately reflect the intent of the Development Guide, as submitted by the applicant. The Department of Planning Services'approval is conditional upon the following: 3. Prior to Recording the PUD Final Plat(Third Filing, Phase One): a. The Board of County Commissioners shall review and approve the signed and dated Improvements Agreement According to Policy Regarding Collateral for Improvements(Public Road Maintenance and Private Road Maintenance) including the form of collateral. The security for the Agreement shall be tendered and accepted by the Board of County Commissioners. The applicant should be aware that quantities may change in the off-site Improvements Agreement. The Department of Public Works will not require a new bond if the total cost is still within the bonded amount. The quantities for the Improvements Agreement will not be approved until the final roadway construction plans are accepted by the Department of Public Works. b. The Restrictive Covenants for the Elm's at Meadow Vale shall be approved by the Weld County Attorney's Office and be ready for recording in the Office of the Clerk and Recorder. The applicant shall provide the Department of Planning Services with a recorded copy of said covenants. c. The applicant shall provide evidence to the Departments of Public Works and Planning Services that all internal circulation requirements have been met, including all access requirements. d. The applicant shall provide the Left Hand Water District and the Department of Planning Services with a copy of the irrigation plan for the common areas and road rights-of-way. Evidence of approval in the form of a signed agreement shall be given to the Department of Planning Services' for review and approval. e. The applicant shall provide the Long's Peak Water District and the Department of Planning Services with documentation that states that the requirements for domestic water service from Long's Peak Water District have been met. Evidence of approval in the form of a signed agreement shall be given to the Department of Planning Services'. f. The applicant shall provide documentation to the Department of Planning Services of final Service,Teamwork, Integrity,Quality 2 approval from Long's Peak Water District(domestic water), Left Hand Water District (fire suppression) and the St. Vrain Sanitation District(sanitary sewer). Evidence of approval in the form of a signed agreement shall be given to the Department of Planning Services'. g. The applicant shall provide evidence of final approval from Mountain View Fire District to the Department of Planning Services'. h. The applicant shall provide two sets of construction drawings for all internal and external roads for review and approval by the Weld County Department of Public Works per Section 7.2.9.2 of the Subdivision Ordinance. Evidence of approval shall be submitted to the Department of Planning Services. The engineer shall meet with the Public Works Department to discuss design criteria. The applicant shall provide a drawing delineating the pavement structure design for all roads within this Filing of the PUD. j. The applicant shall provide evidence of final approval from the Weld County Sheriffs Office regarding security of the oil and gas facilities located within Open Space Area "A". k. The applicant shall meet with the Weld County Department of Planning Services' Long Range Planner to discuss how the trail shall be located and connected with the public St. Vrain Valley Trails and Open Lands Project and submit evidence of such to the Department of Planning Services'. The applicant shall submit a Building Permit Application for a Demolition Permit and pay the appropriate fees for the existing residence that is to be removed from the premises. Weld County Department of Planning Services' recognizes that the residence has been removed from the property as of November 1, 2000. m. The applicant shall provide a modified drainage study discussing the storm sewer design and cross culverts within this filing. n. The applicant shall redesign or remove all median islands at intersections thereby discouraging wrong way traffic movements (Pearl Howlett Drive). 4. The Final Plat shall meet all requirements of Section 9.2 of the Weld County PUD Ordinance#197, and shall delineate the following information: a. All appropriate easement locations, sizes, and titles, in accordance with Section 10.6 of the Weld County Subdivision Ordinance. b. The note stating"Detention Pond"shall be removed. This area was approved by the Board of County Commissioners at the Change of Zone (Z-513) hearing as a Park "...that is centrally located and would provide an active useable park space." Further, Note 2, on the Landscape Plat (Sheet 5 of 5) states "Park area to include native grasses, trees, irrigation and pedestrian pathways. Picnic Tables will be provided within the park." 5. The Plat shall include the most recent version of the"Weld County Right to Farm"note from the Weld County Comprehensive Plan dated October 31, 2000. 6. The Final Plat shall be submitted to the Department of Planning Services for recording within 30 days of approval by the Department of Planning Services. 7. The Final Plat is conditional upon the following and that each be placed on the Final Plat as notes Service,Teamwork, Integrity, Quality 3 prior to recording: a. The PUD (Third Filing, Phase One) shall consist of one hundred eight(108) residential lots and common open space. The PUD allows for uses which shall comply with the requirements as set forth in Section 35 of the Weld County Zoning Ordinance. The common open space shall be owned and maintained by the Homeowners Association, in accordance with Section 6.3.5 of the Planned Unit Development Ordinance. b. Domestic water service shall be provided by the Long's Peak Water District; Left Hand Water District will provide water for fire suppression and irrigation; sewage disposal shall be from St. Vrain Sanitation District. c. Installation of utilities shall comply with Section 12 of the Weld County Subdivision Ordinance. d. All sites designated as "Open Space" shall also serve as drainage and utility easements. e. Any signs, including entrance signs, entrance walls and identification walls, located on the property shall require building permits and shall adhere to Section 42.2 of the Weld County Zoning Ordinance and Section 2.8 of the Weld County Mixed Use Development Ordinance. f. The applicant shall be required to construct one half of the typical cross section of Weld County Road 5.5 and Weld County Road 26 plus the remaining portion of the gravel roadway with a minimum three (3) inch H.B.P. with appropriate redirect taper in accordance with Figure 2.10 of the Mixed Use Development Plan, the Development Standards and all requirements of the Department of Public Works. Appropriate acceleration and deceleration lanes shall be required for the subdivision road intersection (Pearl Howlett Road)with Weld County Road 5.5 and (Ashton Road and River View Road) with Weld County Road 26. g. Outdoor storage shall be screened from public rights of ways, and adjacent properties. h. All local roadways within the subdivision shall meet the requirements of the MUD local residential standard. (Section 2.7 of the Mixed Use Development Ordinance) During development of the site, all land disturbance shall be conducted so that nuisance conditions are not created. If dust emissions create nuisance conditions, at the request of the Weld County Department of Public Health & Environment, a fugitive dust control plan must be submitted. j. In the event that five(5)or more acres are disturbed during the construction and development of this site,the applicant shall obtain a Storm Water Discharge Permit from the Water Quality Control Division of the Colorado Department of Public Health and Environment. The applicant shall obtain a Storm Water Discharge Permit from the Water Quality Control Division of the Colorado Department of Public Health and Environment, if required. Silt fences shall be maintained on the down gradient portion of the site during all parts of the construction phase of the project. k. In accordance with the Regulations of the Colorado Air Quality Control Commission any development that disturbs more than five(5)acres of land must incorporate all available and practicable methods which are technically feasible and economically reasonable in order to minimize dust emissions. If land development creates more than a twenty-five (25) acre contiguous disturbance, or exceeds six(6)months in duration,the responsible party shall prepare a fugitive dust control Service,Teamwork, Integrity,Quality 4 plan, submit an air pollution emissions notice, and apply for a permit from the Colorado Department of Public Health and Environment. m. The site shall maintain compliance with the Mountain View Fire Protection District at all times. n. The surface agreement for mineral rights on the site limits the drilling of oil and gas wells to a specific location and the applicant has agreed that no waivers will be signed that allows drilling of wells in any other location. o. The applicant shall provide"NO PARKING" signs where any road width is only twenty (20) feet. • P. Landscaping within the intersection sight distance triangle shall be less than 3.5 feet at maturity. q. The site shall maintain compliance at all times with the requirements of the Weld County Public Works Department, Weld County Department of Public Health & Environment, and the Weld County Department of Planning Services. r. The applicant shall comply with Sections 8.8, 8.9, and 8.10 of the Weld County Planned Unit Development Ordinance, as follows: 8.8 Failure to Record a Planned Unit Development Final Plan - If a Final Plan plat has not been recorded within one (1) year of the date of the approval of the PUD Final Plan, or within a date specified by the Board of County Commissioners, the Board may require the landowner to appear before it and present evidence substantiating that the PUD Final Plan has not been abandoned and that the applicant possesses the willingness and ability to record the PUD Final Plan plat. The Board may extend the date for recording the plat. If the Board determines that conditions supporting the original approval of the PUD Final Plan cannot be met, the Board may, after a public hearing, revoke the PUD Final Plan; 8.9 Failure to Commence a Planned Unit Development Final Plan - If no construction has begun or no USE established in the PUD within one (1) year of the date of the approval of the PUD Final Plan,the Board of County Commissioners may require the landowner to appear before the it and present evidence substantiating that the PUD Final Plan has not been abandoned and that the applicant possesses the willingness and ability to continue the PUD. The Board may extend the date for initiation of the PUD construction and shall annually require the applicant to demonstrate that the PUD has not been abandoned. If the Board determines that conditions supporting the original approval of the PUD Final Plan have changed or that the landowner cannot implement the PUD Final Plan,the Board may, after a public hearing, revoke the PUD Final Plan and order the recorded PUD Plan vacated. 8.10 Failure to Comply with the PUD Final Plan -The Board of County Commissioners •may serve written notice upon such organization or upon the owners or residents of the PUD setting forth that the organization has failed to comply with the PUD Final Plan. Said notice shall include a demand that such deficiencies of maintenance be cured within thirty (30) days thereof. A hearing shall be held by the Board within fifteen(15)days of the issuance of such notice, setting forth the item,date and place of the hearing. The Board may modify the terms of the original notice as to deficiencies and may give an extension of time within which they shall be rectified. 8.10.1 Any PUD Zone District approved in a Final Plan shall be considered as being in Service, Teamwork, Integrity, Quality 5 compliance with the official Subdivision Ordinance and 30-28-101, et seq., CRS. 8. The applicant shall provide the Mountain View Fire Protection District with an 8.5 x 11 inch map of the subdivision showing the street configuration, street names, hydrant locations and addresses of all lots. 9. Prior to the release of any building permits: a. The applicant shall supply a designated street sign and stop sign at the appropriate location adjacent to Weld County Road 5.5 and Weld County Road 26. b. The applicant shall supply evidence to the Department of Planning Services that all requirements of the Mountain View Fire District have been met, including adequate fire protection for each building parcel. c. The applicant has signed a cash-in-lieu payment agreement with the St.Vrain Valley School District. Prior to the release of any building permit, evidence of payment shall be in hand before the permit is released. d. Effective December 1, 1999, Building Permits issued on lots in the Elms at Meadow Vale subdivision will be required to adhere to the fee structure of the Southwest Weld Service Area Road Impact Program. (Ordinance 211) Service,Teamwork, Integrity, Quality 6 DEPARTMENT OF PLANNING SERVICES PHONE (970) 353-6100, EXT.3540 RVICE Act) 64;41rig FAX (970)(97) AVENUE 304-6498 155 N. GREELEY, COLORADO 80631 C. COLORADO September 22, 2000 Floyd Oliver 2385 Homestead Place Longmont, CO 80504 Subject: S-579- Request for approval of a Planned Unit Development Final Plat for 108 Lots on a parcel of land described as the NW4 of Section 4, T2N, R68W of the 6th P.M., Weld County, Colorado. Dear Mr. Oliver: Your application and related materials for the request described above are complete and in order at the present time. I have scheduled a meeting with the Weld County Utilities Advisory Committee for Thursday, November 9, 2000, at 10:00 a.m. This meeting will take place in the Weld County Planning Department, Room 210, 1555 N. 17th Avenue, Greeley, Colorado. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the Longmont and Mead Planning Commission's for their review and comments. Please call City of Longmont at 303-651-8330 and Town of Mead at 970-535-4477, for information regarding the date, time and place of these meetings and the review process. It is recommended that you and/or a representative be in attendance at each of the meetings described above in order to answer any questions that might arise with respect to your application. If you have any questions concerning this matter, please feel free to call me. Sincerely„ � Kim Ogle Planner II r-� FIELD CHECK inspection date: November 8, 2000 CASE NUMBER: S 579 APPLICANT: Floyd Oliver LEGAL DESCRIPTION: LOCATION: South of and adjacent to WCR 28; West of and adjacent to WCR 5.5 Zoning Land Use N A (Agricultural) N Ag E A (Agricultural) E Adams Dairy S A (Agricultural) S Elms at Meadow Vale Filings 1 and 2 W A (Agricultural) W Ag COMMENTS: • WCR 5.5 is a two lane paved road to Pearl Hewlett Road, then turns into gravel road WCR 28 is a two lane gravel road Large borrow ditch to the south of WCR 28 Hedgerow flanks road along this edge RE lot with outbuildings and structure in northwest corner of section NCJY components previously identified in Field Inspection for Release of collateral have been removed. Site is clear and clean Kim Ogle, Planner im Ogle- Elms 3d deed of trust _ Page 11 From: LEE Morrison To: Kogle; mmika Date: 7/12/01 5:09PM Subject: Elms 3d deed of trust - I have reviewed the proposed deed of trust from Oliver to Board drafted by !st American in Longmont to secure the obligations under the improvements agreements and find it to be acceptable. This is a temporary measure to assure that individual lots are not sold until after the purchaser has taken over the project and made any further agreements or posted additional collateral. I am told that Floyd will appear tomorrow to ask that the plat be recorded along with this deed of trust. I assume that this will occur next week I will be out of the office tomorrow but back on Monday Lee D. Morrison Assistant Weld County Attorney 915 10th St., PO Box 758 Greeley, CO 80634 (970)356-4000 x 4395 FAX 352 0242 CC: bbarker �. Kim Ogle- Re: Elms 3d deed of trust -''� ` Page 1 . From: MONICA Mika To: Morrison, LEE; Ogle, Kim Date: 7/13/01 8:02AM Subject: Re: Elms 3d deed of trust He still needs to get this improvements agreement taken care of. >>> LEE Morrison 07/12/01 05:09PM >>> I have reviewed the proposed deed of trust from Oliver to Board drafted by 1st American in Longmont to secure the obligations under the improvements agreements and find it to be acceptable. This is a temporary measure to assure that individual lots are not sold until after the purchaser has taken over the project and made any further agreements or posted additional collateral. I am told that Floyd will appear tomorrow to ask that the plat be recorded along with this deed of trust. I assume that this will occur next week I will be out of the office tomorrow but back on Monday Lee D. Morrison Assistant Weld County Attorney 915 10th St., PO Box 758 Greeley, CO 80634 (970)356-4000 x 4395 FAX 352 0242 CC: Barker, BRUCE m Kim Ogle Re s 579 Elms 3rd ,-. Pa e 1 From: Diane M. Houghtaling To: Kim Ogle Date: 7/16/01 7:19AM Subject: Re: S 579 Elms 3rd I received the street plans a couple of weeks ago. They have been reviewed and returned to the engineer. Minor changes are required, but the quantities for the improvements agreement will change. Mike will return the plans soon. He will also give Donald a new estimate. None of these street plan changes will change the plat. >>> Kim Ogle 07/16/2001 7:10:40 AM >>> Diane What is the status fo the Elms 3rd Filing? Floyd will be in this office at 10:00 this morning wanting to record his drawings... please provide an update. thank you. kim MONICA Mika - oliver/genessee Page 1 From: LEE Morrison To: mmika Date: 6/26/01 7:30AM Subject: oliver/genessee Floyd Oliver asked me about the Meadow Vale he is selling to Genesee. He is trying to get the plat recorded so he can close and the purchaser will then post collateral by more conventional means. In the meantime, he proposes granting the county a deed of trust for all of the lots for a short period of time. Although the undeveloped value of the lots is probably not sufficient to cover the improvement costs- no lots could be sold to innocent 3d parties with the deed of trust in place. I therefore would recommend accepting the deed of trust pending sale and posting of collateral by Genesee Lee D. Morrison Assistant Weld County Attorney 915 10th St., PO Box 758 Greeley, CO 80634 (970)356-4000 x 4395 FAX 352 0242 CC: bbarker 04/07/2000 13:08 970-353-9597 PEEK-DROEGEMUELLER PAGE 02 • cif7;,%.) Weld County Planning De DEPARTMENT OF PLANNING SERVICES Pt' PHONE (970)353-6100, EXT.3540 FAX (970)304.6498 ,... 8 L(jOI 1555 N. 17TH AVENUE GREELEY, COLORADO 80631 8D631 COLORADO RECEIVED April 3,2000 Glen Droegemueller 822 7th Street, Suite 360 Greeley, CO 80631 Dear Glen: I have reviewed your request to increase the number of units in case 2-513,from 224 units to 261 residential units, for a total over all Increase of 17% build out of residential activities, I have visited with both the Department of Public Works and County Attorney's offices, and we believe that the intent of the approval for Z-513 can be carried out should the applicant propose to Increase to 261 units. At the time of final platting, the applicant will need to provide evidence that he has secured an additional 37 units of water, and this evidence will need to be in the form of an additional tap commitment letter. Additionally, as proposed, the applicant agreed to maintain 29.9% open space, and has agreed to specific setbacks and offsets as defined in the resolution. My concurrence with approval to Include additional lots is predicated on the applicant's ability to maintain this and all other conditions of approval as stated in the resolution approved by the Board of County Commissioners on October 14, 1998. At the time of final plan submittal, the applicant will need to note a change of Intensity in his application on a final plat, and show the Increase In lots does not change the overall transportation functionality of the site. I do need to mention that there are several items listed in the resolution addressing the final plat requirement that the applicant must address prior to applying for the final plat. You are correct that inherent in the PUD is the concept of flexibility, and your proposal does fall within the scope of flexibility. However,the applicant needs to be aware that approval of this request cannot undue any other conditions or requirements previously made or entered into, nor does it provide guarantee for subsequent landuse approval. Thank you for the opportunity to look at this proposal. If you have any additional questions, please do not hesitate to contact me at the above address or telephone number. Sincerely, Y - Monica nistaels-Mika,AICP Director pc:Z-513 6 4n0 I DEPARTMENT OF PLANNING SERVICES PHONE (970)353-6100,EXT.3540 O FAX(970)304-6498 E-mail address: kogle@CO.Weld.CO.US • WELD COUNTY ADMINISTRATIVE OFFICES COLORADO 1555 N. 17TH AVENUE GREELEY, COLORADO 80631 March 20, 2001 Mr. Floyd Oliver 2385 Homestead Place Longmont, CO 80504 Subject: Letter dated March 16, 2001 Road Impact Fees, Ordinance 211 Meadow Vale Farm/ Elms at Meadow Vale Dear Mr. Oliver: The Department of Planning Services has reviewed your letter concerning the above referenced topic and have determined that the Department of Public Works may be the appropriate County entity to review your request and provide comment. Therefore, on March 20, 2001,the Department of Planning Services forwarded a copy of your letter to Ogle to the attention of Frank Hempen, Director of Public Works. Should you not hear from Mr. Hempen in a timely manner, please contact this office, or Mr. Hempen directly at 970/ 356 4000 extension 3750. If you need any further information, please feel free to contact me at the above address, telephone number or e-mail address. Sincerely, dkvn Kim O le Planner cc:M. Mika, Director of Planning Services ' DEPARTMENT OF PLANNING SERVICES 141; PHONE (970)353-6100,EXT.3540 C FAX(970)304-6498 E-mail address:kogleCO.We1d.CO.US WEBSITE: www.co.weld.co.us COLORADO WELD COUNTY ADMINISTRATIVE OFFICES 1555 N. 17TH AVENUE GREELEY, COLORADO 80631 November 30, 2000 Mr. Floyd Oliver 2385 Homestead Place Longmont, CO 80504 Subject: The Elms at Meadow Vale Final PUD Plan • Third Filing, Phase One, for an 108-lot Residential PUD Location: Part of the NW4 Section 4, Township 2 North, Range 68 West of the 6th P.M., in Weld County, Colorado Dear Mr. Oliver: The Department of Planning Services' has reviewed your Final Plat for the above referenced Planned Unit Development. Staff comments from the Administrative Review are enclosed for your use and review. First, please make the required modifications to Sheet 1 of 2, dated February 2000. The additions/ deletions have been redlined for your attention. Second, the Department of Planning Services has reviewed the items listed on Exhibit A for non- transportation items of the Improvements Agreement. The following items have been verified for quantity and unit costa; fencing, landscaping, irrigation system. Third, Code compliance has re-visited the property and has determined that Zoning Violation number VI-0000252 specific to the non-commercial junkyard as defined by the Weld County Zoning Ordinance, has been closed. Finally, the applicant shall provide two sets of construction drawings for all internal and external roads for review and approval by the Weld County Department of Public Works per Section 7.2.9.2 of the Subdivision Ordinance. Evidence of approval shall be submitted to the Department of Planning Services. The engineer shall meet with the Public Works Department to discuss design criteria. if you need any further information, please feel free to contact me at the above address,telephone number or e-mail address. Sincerely, 1 Kim Og Planner II enclosure cc: D. Houghtaling, Public Works D. Carroll, Public Works M. Mika, Planning B. Saltzman, Planning pc: S-538 VI-0000252 Red Line copy of blueline sent to Mr. Oliver Hard copy sent via USPS 11-30-2000 n ‘1,c,(v.t; MEMORANDUM WI`Pe. To: Board of County Commissioners November 13, 2000 COLORADO From: Kim Ogle, Planner Subject: Acceptance of Irrevocable Letter of Credit On November XX, 2000, the Department of Planning Services received an Irrevocable Letter of Credit for the Elms Land Company, LLC, for the Elms at Meadow Vale, Filing 3, Phase 1 case number S-579 in the amount of two million two hundred ten thousand (2,210,000.00) dollars and no/100s. Items covered under this letter of credit include: Engineering $ 90,000.00 Survey Construction and Staking $ 44,000.00 Sanitary Sewer August 31, 2001 $ 352,000.00 Water Mains August 31, 2001 $ 275,000.00 Grading $ 132,000.00 Fencing June 2002 $ 110,000.00 Curb, Gutter, Sidewalk September 2001 $ 253,000.00 Natural Gas $ 66,000.00 Electricity $ 110,000.00 Irrigation System June 2002 $ 253,000.00 Landscaping June 2002 $ 104,000.00 Telephone $ 55,000.00 Asphalt Paving November 2001 $ 352,000.00 Soil Testing $ 5,500.00 Street Signs $ 8,000.00 Total Estimated Cost of Improvements and Supervision $2,210,000.00 The Weld County Attorney, the Department of Public Works and the Department of Planning Services, have determined that the amount of the agreement will be sufficient to complete the work required for the Elms at Meadow Vale, Filing 3, Phase 1, and the Department of Planning Services recommends acceptance of this Letter. M:\wpf les\ogle\ki m\collateral\S579_0.wpd SERVICE,TEAMWORK,INTEGRITY,QUALITY Weld County Planning Dept 4.\\Citi(C ' MEMORANDUM NOV 20 2000 RECEIVED TO: Diane Houghtaling, Traffic Engineer DATE: November 17, 2000 in DC FROM: Donald Carroll, Engineering Administrator o' COLORADO SUBJECT: S-579; Floyd Oliver, Elms at Meadow Vale, 3i° Filing There are two exhibits designated as 'A' associated with the Improvements Agreement According Policy Regarding Collateral for the Improvements(Public Road Maintenance). The off-site improvements involve paving, widening, curb,gutter, and sidewalk of WCR 5.5 and WCR 26 adjacent to the Elms at Meadow Vale, 3rd filing,and the internal road system for the 3rd filing. I have verified both of the exhibits for quantity and unit costs. They appear to be adequate to complete both projects. This is considered a preliminary review for the quantities and costs estimate. The final set of roadway drawings shall be submitted and approved by the Weld County Transportation Engineer prior to finalizing the Improvements Agreement Quantities and Unit Prices. Planning Services should verify the non-transportation items prior to accepting collateral. etc:Kier }' S-579 plan8s.wpd n Kim Ogle- Re: elms at meadow vale 3r`1ing, new proposed language Page 1 From: Diane M. Houghtaling To: Kim Ogle Date: 11/20/00 7:14AM Subject: Re: elms at meadow vale 3rd filing, new proposed language 1.k. The applicant shall provide two sets of construction drawings for all internal and external roads for review and approval by the Weld County Department of Public Works per Section 7.2.9.2 of the Subdivision Ordinance. Evidence of approval shall be submitted to the Department of Planning Services. The engineer should meet with the Public Works departments to discuss design criteria. Deleted the"her". The applicant should be aware that quantities may change in the off-site improvements agreement. We will not require a new bond if the total cost is still within the bonded amount. A modified drainage study will be required discussing the storm sewer design and cross culverts required. Any changes required to the entrance road will be at the cost of the developer. The pavement structure design should be in the file. (please check) >>> Kim Ogle 11/17/2000 7:38:08 AM >>> 1.k. The applicant shall provide two sets of construction drawings for all internal and external roads for her review and approval by the Weld County Department of Public Works per Section 7.2.9.2 of the Subdivision Ordinance. Evidence of approval shall be submitted to the Department of Planning Services. Kim ogle_ gle Re Elms at Meadow Vale From: Diane M. Houghtaling To: Kim Ogle Date: 2/20/01 3:11 PM Subject: Re: Elms at Meadow Vale According to the accepted traffic study for the Elms at Meadow Vale the intersection of SH 119 and WCR 5.5 will require a signal. The level of service at this intersection will become poor as part of phase 3. I assumed that we would require Floyd to provide the signal his developments warranted. >>> Kim Ogle 02/20/2001 10:46:05 AM >>> Diane You contacted me regarding the receipt of a revised traffic study, and have accepted this document. In the same correspondence, you asked if this project was required to participate in the signalization of WCR 5.5 and SH 119. I spoke with Anne who indicated that to her knowledge (Meadow Vale 2, AmUSR 1199)that all of her projects that may impact this intersection have been finaled. Further, she was unaware of any requirement for a signal at this location. Please advise this office such that we can provide the adequate documentation for our case files. Thank you. KO Kim Ogle Elms at Meadowvale 3 Page 1 From: Diane M. Houghtaling To: Kim Ogle Date: 2/23/01 7:28AM Subject: Elms at Meadowvale 3 Drew, Donald, Frank and I discuss the requirement for the signal at 5.5. Floyd will be required to escrow a percentage toward this signal. It is their study that requires a signal. CC: MONICA Mika Kim Ogle Re Elms at Meadow Vale "s" Page 1 ' From: Diane M. Houghtaling To: Kim Ogle Date: 2/20/01 3:11 PM Subject: Re: Elms at Meadow Vale According to the accepted traffic study for the Elms at Meadow Vale the intersection of SH 119 and WCR 5.5 will require a signal. The level of service at this intersection will become poor as part of phase 3. I assumed that we would require Floyd to provide the signal his developments warranted. >>> Kim Ogle 02/20/2001 10:46:05 AM >>> Diane You contacted me regarding the receipt of a revised traffic study, and have accepted this document. In the same correspondence, you asked if this project was required to participate in the signalization of WCR 5.5 and SH 119. I spoke with Anne who indicated that to her knowledge (Meadow Vale 2, AmUSR 1199)that all of her projects that may impact this intersection have been finaled. Further, she was unaware of any requirement for a signal at this location. Please advise this office such that we can provide the adequate documentation for our case files. Thank you. KO Kim Ogle- Elms at Meadow Vale, Filings '"" S ! `1 Page 1 From: Diane M. Houghtaling To: Kim Ogle Date: 1/19/01 12:41 PM Subject: Elms at Meadow Vale, Filing 3 Earlier this month, I wrote a letter to Mike Ketterling requesting the roadway plans for filing 3. He has responded that he has not yet begun the plans. Please do not forward the final plat to any hearing until we have received the roadway plans. �44 MEMORANDUM Wi`PQ�. TO: Frank Hempen DATE: March 20, 2001 Director of Public Works COLORADO FROM: Kim Ogle, Planner II .() • SUBJECT: Meadow Vale Farm/ Elms at Meadow Vale Road Impact Fee Waiver Frank Ogle received the attached letter dated March 16, 2001 from Mr. Oliver concerning his on-going development (Meadow Vale Farm/ Elms at Meadow Vale) relative to the Road Impact Fee area 1, Ordinance 211. As the Department of Planning Services views this as a Public Works issue, and perhaps later a Road Impact Committee issue, I have forwarded this letter to your attention. Ogle will contact Mr. Oliver via US Mail and inform him that your office will be reviewing his request, followed by a determination of the appropriate course of action. Enclosure: Oliver letter to Ogle dated March 16, 2001 SERVICE,TEAMWORK,INTEGRITY,QUALITY MINUTES OF THE WELD COUNTY UTILITIES ADVISORY COMMITTEE A regular meeting of the Weld County Utilities Coordinating Advisory Committee was held on Thursday, November 9, 2000, at 10:00 a.m., in the Conference Room of the Weld County Planning Department at 1555 N. 17th Avenue, Greeley, Colorado. Members Present Don Carroll Public Works Don Magnuson Cache la Poudre Irrigating Co. Mark Peterson St. Vrain Sanitation Also Present: Robert Anderson, Kim Ogle, Department of Planning Services; Michael Reisman, Michael Strawbridge, Greeley-Weld County Airport; Trisha Swanson, Secretary. APPLICANT Floyd Oliver, Elms at Meadow Vale 3r° Filing CASE NUMBER S-579 PLANNER Kim Ogle REQUEST Planned Unit Development Final Plat for 108 Lots LEGAL NW4 of Section 4, T2N, R68W of the 6th P.M., Weld County, Colorado. LOCATION East of and adjacent to WCR 5.5; south of and adjacent to WCR 26 Kim Ogle, Planner, presented Case S-579. Kim noted that the previous filings for the Elms at Meadow Vale did not have interior lot easements required, but that they did have front and back easements except secondary street lots. Don Carroll noted that there were only 3 members present, so an additional member of the Utility Board would have to come in, listen to the minutes, and vote as well. Mark Peterson noted that there is adequate slope and distance and that the site was well laid out. Don Magnuson asked if the open space would be dedicated to easements as well. Don Carroll noted that this may be a trade off for not having interior lot line easements. Mark Peterson moved to approve the plat with the addition of a note on the plat to state as follows:"All sites designated as "Open Space" shall also serve as drainage and utility easements. An note shall be placed on the plat to this effect." Don Magnuson seconded the motion. Motion carried unanimously. Doug Dalton of Public Service listened to the tapes and reviewed the material at 2:00 p.m. on November 9, 2000 and gave his approval to the plat as well. APPLICANT Greeley/Weld Airport CASE NUMBER S-563 PLANNER Robert Anderson REQUEST Final Planned Unit Development Plan (Administrative Review) LEGAL Section 1, 2, and 3, Township 5 North, and Sections 26 and 35, Township 6 North of the 6th P.M., Weld County, Colorado. LOCATION North of and adjacent to WCR 43, bisected by WCR 62 Robert Anderson, Planner, presented Case S-563 and noted that the Department of Planning Services is recommending approval of the plat. Mike Reisman of the Greeley-Weld County Airport noted that the internal roadways will remain private for safety and control, but that they are going to be built out as the need arises, following the plan outlined in the final plat. Mr. Reisman also noted that the roads on the south side of the plat are existing, but will be renamed with official signs soon. SUMMARY OF THE WELD COUNTY UTILITY BOARD Thursday, November 9, 2000 Page 2 Don Carroll asked about the water to the site. Mr. Reisman noted that the terminal and some of the closer buildings will be served by City of Greeley water, but that most of the existing buildings are only for dry airplane storage. Mike Reisman also noted that the site is planned for annexation into the City of Greeley, that some of the outbuildings will be served by North Weld water, but the sewer and water will be brought in to the terminal from the City of Greeley. Don Carroll asked if the utilities will be available on either side of the streets as noted on the plat. Mr. Reisman noted that they will be and that there are statements of availability in the file. Discussion followed concerning the possibility of expansion of the utilities in the future build-out of the site, with Mr. Reisman noting that future expansion has been planned for, including future lines for water and sewer. Don Carroll asked if all the sheets of the plat will be recorded. Mr. Reisman noted that all the sheets will be recorded. Mark Peterson moved to accept the plat. Don Magnuson seconded the motion. Motion carried unanimously. Doug Dalton of Public Service listened to the tapes and reviewed the material at 2:00 p.m. on November 9, 2000 and gave his approval to the plat as well. Respectfully submitted, /Vvr G� Trisha Swanson Secretary • PUBLIC WORKS DEPARTMENT 1111 H STREET P.O. BOX 758 GREELEY, COLORADO 80632 WEBSITE: www.co.weld.co.us luluPHONE (970) 356-4000, EXT. 3750 C. b'Jeld County Punning Dept FAX: (970) 304-6497 COLORADO ,;A5 12 2001 January 11, 2001 Michael Ketterling RECEIVED KBN Engineers 820 8th Street • Greeley, CO 80631 Dear Mr. Ketterling: In November of 2000, Weld County received a letter from Floyd Oliver stating your commitment to provide the construction drawings for WCR 5.5 by December 8, 2000. As of this date, we have not received the plans. We will require at least four weeks to review the plans. We cannot allow Mr. Oliver to begin construction on the internal roadways of Meadow Vale Farm,Phase 2 until these the plans for WCR 5.5 have been reviewed and accepted. In addition, we have not received the final roadway plans for the Elms at Meadow Vale, Filing 3. Mr Oliver has submitted the final plat. Again, we will require at least four weeks to review the drawings. We cannot allow construction on WCR 5.5, WCR 26 or the internal roadways until we have reviewed and accepted the roadway plans. In regards to the Elms at Meadow Vale roadway plans, I suggested you contact me to discuss several issues: ❑ The width of the fire lane on Pearl Howlett. ❑ The island at the intersection of Pearl Howlett and Elmer Linn. ❑A signing plan showing stop signs and street name signs at all intersections. O The profile of the internal roadways. I understand you were using a nearby municipality's criteria for this subdivision. I cannot promise to accept the design criteria of other municipalities in County subdivisions. Please feel free to verify any other municipality's standards. Sincerely, • lane M ghta� P.E. Traffic Engineer cc: Kim Ogle, Weld County Planning Elms at Meadow Vale Phase 2 Floyd Oliver Elms at Meadow Vale Filing 3 Genesee Developement WCR 5.5 and WCR 26 files M:\WPFILES\dianeADEVELOPMENT\S-562A.wpd Kit ' DEPARTMENT OF PLANNING SERVICES WELD COUNTY ADMINISTRATIVE OFFICES 1555 N. 17TH AVENUE e 0631 PHONE (970) 353-6100,D EXT0 B 540 COLORADO FAX(970)304-6498 E-mail address: kogle@C0.Weld.00.US WEBSITE: www.co.weld.co.us March 14, 2001 Mr. Floyd Oliver 2385 Homestead Place Longmont, CO 80504 Subject: The Elms at Meadow Vale Final PUD Plan Third Filing, Phase One, for an 108-lot Residential PUD Oil and Gas Setbacks Location: Part of the NW4 Section 4, Township 2 North, Range 68 West of the 6th P.M., in Weld County, Colorado Dear Mr. Oliver: Per your request of March 8, 2001, the Department of Planning Services' has researched the requirements for setbacks from Oil and Gas Production facilities including, but not limited to, tank batteries, well head and gas separators. For your information and to facilitate discussion, a chronology of amendments, revisions and additions to County Ordinance is as follows: Section 31.5.5 of the Weld County Zoning Ordinance 89-JJ, dated September 2, 1999, stated "no building or structure shall be constructed within a [three hundred fifty] 350 foot radius of any oil and gas production facilities. Any construction within a [three hundred fifty] 350 foot radius of oil and gas production facilities shall require a variance from the terms of this Ordinance in accordance with Section 61.3." On November 17, 1999, the Weld County Board of County Commissioners took testimony in the matter of the repeal and re-enactment, with amendments of certain Sections to Ordinance number 89-JJ, Weld County Zoning Ordinance, as currently amended, revising and adding certain procedures, terms and requirements. The Board amended Section 31.5.5 to read as follows: "no building or structure as defined and limited to those occupancies listed as Groups A, B, E, H, I, M and R in Table 3-A of the 1997 Uniform Building Code, shall be constructed within a 200-foot radius of any tank battery or 150-foot radius of any wellhead. Any construction within a within a 200-foot radius of any tank battery or 150-foot radius of any wellhead shall require a variance from the terms of this Ordinance in accordance with Section 61.3." (Section 23-3-50.E of the Weld County Code) Section 61.3 was amended to read as: "The Board of Adjustment has the power to hear and decide appeals for variance from the terms of this Ordinance and the PUD Ordinance or MUD design standards as the PUD or MUD Ordinances are applied to individual lots or parcels. Appeals for variance may be brought to the Board of Adjustment when, because of special conditions relating to the subject land, a literal enforcement of the provisions of these Ordinances would result in unnecessary hardship to the appellant." (Section 26-3-10.C of the Weld County Code) Included with this letter are comments from Ken Wonstolen, Senior Vice President and General Counsel for the Colorado Oil and Gas Commission and David Siple of Patina Oil and Gas Corporation. Weld County adopted the County Code in January 2001. Through this adoption, the Ordinances as outlined above have been integrated into the County Code. Although there have been revisions, amendments and new language incorporated into the County code, the language specific to the Oil and Gas Setbacks remains unchanged. The Elms at Meadow Vale Planned Unit Development(PUD)was approved by the Board of County Commissioners on October 19, 1998. As you are aware, a PUD is intended to allow an alternative method for property owners and developers to apply flexibility in developing land. This flexibility is generally not possible under the normal application of Chapters 23 (Zoning Ordinance) and 24 (Subdivision Ordinance) of this Code. The specific flexibility referenced previously enables a developer to creatively develop the land and to encourage innovations in residential, commercial and industrial development so that the growing demands of the population may be met by greater variety in type, design and layout of buildings and by the conservation and more efficient use of open space in the development. Further, PUDs encourage flexibility and variety in development while promoting the most efficient use of the land. While ensuring compatibility with Chapters 22, 23, 24 and 26 of this Code and any intergovernmental agreement, if applicable. The flexibility and design innovations referenced above also pertain to the layout and siting of residential and commercial lots within a Planned Unit Development. The setbacks from oil and gas production facilities are waived as outlined in Section 23-3-50.E, Bulk Requirements. Given this waiver and flexibility in design, the developer may position all lots within a much closer proximity to any,oil and gas production facilities, including the placement of the facilities on one or several lots including within the useable open space of the PUD. The stipulated requirement, as approved, is that the developer provide accommodations to the subsurface mineral owner to access the land, in this instance the Northwest quarter of the Section 4, Township 2 North, Range 68 West of the 6th P.M., Weld County and as outlined on the 3rd Filing, Elms at Meadow Vale plat that was approved by the Board of County Commissioners in October 1998 and administratively approved by staff November 30, 2000. The developer entered into an agreement on July 13, 1999 with HS Resources stipulating that the oil and gas activities have adequately been incorporated into the design of the site. The production and recording of this document was a Condition of Approval for Case number Z-513, and said document was recorded at the Clerk and Recorder's office prior to the recording of the Change of Zone plat. As part of the agreement the oil and gas operation areas has been surveyed and delineated on the recorded documents for this development. Both documents have been included with this letter. If you need any further information, please feel free to contact me at the above address, telephone number or e-mail address. Sincerely, Kim Og Planner II enclosure: K.Wonstolen Letter dated 11-12-1999 D. Siple Letter dated 11-16-1999 Ordinance 89-KK Resolution by Board of County Commissioners dated 11-17-1999 HS Resources Letter dated 4-8-1999 HS Resources/Elms Land Company Agreement dated 7-13-1999 HS Resources/Elms Land Company Agreement Map dated 7-6-1999 cc: M. Mika, Director of Planning • L. Morrison,Attorney's Office 03/13/01 15:24 To:Kim Ogle From:Lee 0 Morrison Faxl Page 4/5 From: <KWonstolen@aol.com> To: <charding@co.weld.co.us> Date: 11/12/99 3:02pm Subject: Weld County Ordinance#89-KK The Colorado Oil & Gas Association submits the following comments for the case file in this matter: 1. A 150' radius does not preserve an adequate area around a wellhead to allow for reasonable access and use of the surface to conduct workover, frac'ing, refrac'ing or plugging and abandonment operations. A 200' radius is the minimum distance to preserve adequate space to safely and efficiently conduct such operations, including, of course, an adequate access corridor to the wellsite. 150' may be adequate for separation of structures from tank batteries and separators from a workspace standpoint, although 200' would be preferable from a safety buffer perspective and would result in a consistent setback rule. 2. The Colorado Oil and Gas Conservation Commission's "high density area" rule (603.b) provides for a 350' setback from occupied structures for new wells constructed in designated areas. This additional setback beyond the safety buffer otherwise justified by the rulemaking record was a concession by industry. COCA believes that should Weld County adopt a lesser setback for encroaching high density surface development, it would provide grounds for operators seeking a variance from the COGCC high density setback for wells in Weld County. It is COGA's understanding, however, that individual encroaching high density subdivision/PUD applicants could (and should) be required to adhere to a 350' setback as a condition of approval. COGA requests that this be made clear in the hearing record on the proposed amendment. Thank you for your consideration of these comments. Contact: Ken Wonstolen, Senior Vice President & General Counsel 303.861.0362 CC: <dsiple@patinaoil.com>, <rich.griebling@state.co.u... 9 - r1 7 03/13/01 15:24 To:Kim Ogle From:Lee D Morrison Faxi Page 5/5 From: "David Siple" <DSIPLE@patinaoil.com> To: <charding@co.weld.co.us> Date: 11/16/99 12:02pm Subject: Weld County Ordinance # 89-KK Patina Oil & Gas Corporation submits the following comments for the case file in this matter: 1. A 150' radius does not preserve an adequate area around a wellhead to allow for reasonable access and use of the surface to conduct workover, recompletion, deepening or plugging and abandonment operations. A 200' radius is the minimum distance to preserve adequate space to safely and efficiently conduct such operations, including, of course, an adequate access corridor to the wellsite. 150' may be adequate for separation of structures from production facilities from a work space standpoint, although 200' would be preferable from a safety buffer perspective and would result in a consistent setback ordinance. Thank you for your consideration of these comments. David W. Siple, Vice President Land, 303-389-3668 • �� 779 0.1 ITEM 1 -- PLANNED UNIT DEVELOPMENT FINAL PLAN APPLICATION r a a a a a a PLANNED UNIT DEVELOPMENT FINAL PLAN APPLICATION FOR PLANNING DEPARTMENT USE ONLY: /� Case Number Application Fee: 585 Per, Zoning District Receipt Number Date Application Checked By: 1,0 Planner Assigned to Case: CO BE COMPLETED BY APPLICANT: (Print or type only except for required signatures). I (we), the undersigned, hereby requests the Department of Planning Services to administratively review this application or request a hearing before the Board of County Conmmissioners, if applicable. concerning the Final Plan of this proposed subdivision of the following described unincorporated area of Weld County. LEGAL DESCRIPTION: Northwest Ouarter of Section 4.Township 2 North,Range 68 West of 6th P.M.. Weld County Colorado (If additional space is required, attach an additional sheet of this same size.) PARCEL NUMBER: 1 3 1 3 0 4 0 0 0 0 5 3 (12 digit number found on Tax I.D. or obtained in Assessors Office.) NAME OF PROPOSED PUD SUBDIVISION ELMS AT MEADOW VALE THIRD FILING EXISTING ZONING PUDRI CHANGE OF ZONE CASE NUMBER TOTAL AREA (ACRES) 58.779 TOTAL AREA (ACRES) OF COMMON OPEN SPACE NO. OF PROPOSED LOTS 108 LOT SIZE: AVERAGE 11.000 SO FT MINIMUM 9 100 SO FT UTILITIES: WATER: NAME LONGS PEAK WATER DISTRICT SEWER: NAME ST. VRAIN SANITATION DISTRICT GAS: NAME PUBLIC SERVICE OF COLORADO PHONE: NAME U. S. WEST g- ELECTRIC: NAME UNITED POWER. INC. • DISTRICTS: SCHOOL: NAME ST. VRAIN SCHOOL DISTRICT RE IJ FIRE: NAME MOUNTAIN VIEW FIRE PROTECTION DISTRICT ENGINEERS NAME KBN ENGINEERING PHONE 970-395-9880 ADDRESS 820 8 AVENUE.GREELEY,CO 80631 PHONE SURFACE FEE(PROPERTY OWNERS) OF AREA PROPOSED FOR PUD FINAL PLAN: NAME: ELMS LAND COMPANY LLC HOME TELEPHONE: 303-772-4791 ADDRESS: 2385 HOMESTEAD PLACE. LONGMONT. CO 80504 BUS. TELEPHONE: NAME: HOME TELEPHONE: ADDRESS: BUS. TELEPHONE: APPLICANT OR AUTHORIZED AGENT(IF DIFFERENT THAN ABOVE): ^ NAME: FLOYD OLIVER HOME TELEPHONE: 303-772-4791 ADDRESS: 2385 HOMESTEAD PLACE LONGMONT CO 80504 BUS. TELEPHONE: OWNER(S)AND LESSEES OF MINERAL RIGHTS ON OR UNDER THE SUBJECT PROPERTIES: NAME: H S RESOURCES INC. HOME TELEPHONE: ADDRESS: 1999 BROADWAY SUITE 3600 DENVER. CO 80202 BUS. TELEPHONE: ^ Signature: vner or Authorized Agent ITEM 2 INFORMATION LETTER PROVIDED BY GLEN DROEGEMUELLER, ATTORNEY GLEN DROEGEMUELLER, P.C. ATTORNEY AT LAW 822 SEVENTH STREET•SUITE 350•GREELEY,COLORADO 80631 •(970)353-9599•FAX(970)353-9597 r•. r September 7, 2000 Kim Ogle Department of Planning Services Weld County 1555 N. 17th Avenue Greeley, CO 80631 RE: PUD Final Plan Approval for the Elms at Meadow Vale Third Filing Dear Mr. Ogle: I have been asked by the developer of the Elms at Meadow Vale Third Filing to provide a letter of information which addresses some of the application requirements necessary for submittal of the Third Filing of a final PUD Plan. As a matter of information, the Third Filing is located in a part of the Northwest Quarter of Section 4, Township 2 North, Range 68 West of the 6th P.M., in Weld County, Colorado. The recorded change of zone plat has recently been recorded and is not being submitted again because the information is already available in the County's file. In response to item 3 of the application, a commitment issued by First American Title Insurance Company which identifies the owner of the property, and lists any Mortgagees, Judgement .. Lien Holders, Easement Holders, Contract holders or any beneficiary of any agreement that would be required to join in and approve the application for the PUD being submitted. In addition please find a photocopy of the Warranty Deed by which the Elms Land Company took title on September 6, 2000. The original of the Deed has been recorded with the Weld County Clerk and Recorder's office but has not been returned to the applicant. In response to item 4 of the application, Saint Vrain Valley Public Schools accepted an elementary school site in the First Filing of the Elms At Meadow Vale, and no additional land dedication will be necessary for the Third Filing. Enclosed is a letter dated August 11, 2000 from the District which confirms an impact fee $427.00 per unit will be assessed for each Lot in the Third Filing. The fee will be payable to the District to address the impact caused by the Development. from from, In response to item 5, it will not be necessary to provide a warranty deed or other documents of dedication for public purposes because there are no dedications occurring to any public agency for areas other than the streets within the PUD. In response to item 6, enclosed please find a certificate from the County Treasurer which shows there are no delinquent taxes or special assessments relating to the property included within the PUD. Please note the certificate was issued in the name of the former owners of the property, Robert L. and Ione E. Green, who owned the property until September 6, 2000. In response to item 7, enclosed please find the required certificate from KBN Engineering indicating it was responsible for the design of the utilities within the PUD. In response to item 8, enclosed is a draft of the Second Supplement to the Declaration of Covenants, Conditions and Restrictions for the Elms At Meadow Vale. The Supplement will be recorded simultaneously with the filing plat, and the combination of the filing of those two instruments will expand the existing Covenants to the Third Filing. The original Covenants were recorded on November 19, 1999 at Reception No. 27335.51 of the real estate records of the Clerk and Recorder of Weld County. A draft of those Covenants was provided to the Planning Department ^ with the first phase of the Development and is not being included again. In response to item 9 of the application, the applicant proposes to provide an improvements agreement to Weld County two weeks prior to the recording of the plat. The applicant has provided Exhibit A and B which is a preliminary schedule of the improvements the applicant is required to construct and the time table when those improvements will be completed. In response to item 10, traffic studies have been submitted to the Department of Public Works in 1998, February of 2000 and May of 2000. The May 2000 study also addressed traffic which would be generated by the Elms at Meadow Vale Third Filing. The applicant received no adverse response from the Department of Public Works regarding these submissions. It is the applicant's belief the streets and offsite roads providing access to the property are adequate. The applicant believes Weld County has accepted the design of the streets and classifications as presented in the information provided to the Department of Public Works. In response to item 11, the applicant proposes to provide an improvements agreement for offside improvements two weeks prior to the recording the of the plat. The applicant has provided prelimary information on the total estimated cost of the improvements and a time table for their construction. In response to item 12, the applicant has identified a tentative construction schedule in response to items 9 and 11 which have previously been discussed. The Third Filing will be built in one phase with both onsite and offsite improvements being constructed simultaneously. The applicant intends to begin work in April of 2001 and complete all internal and offsite improvements by November of 2001.. ros- from. from. In response to item 13, the method of financing of the infrastructure will include payment of some portion of the infrastructure from funds available to the applicant together with an infrastructure loan from First Bank of Longmont. The Bank will secure its' position with a First Deed of Trust and the applicant and the Bank will agree to partial lot release provisions which will allow any lot transferred from the applicant to any third party to be free of any lien for construction of improvements within the Third Filing. The statement of estimated construction costs has previously been provided by the applicant in response to items 9 and 11 of this application. In response to item 14, enclosed is a certified list of the names, addresses, parcel identification numbers of owners within 500 feet of the property subject to the application. The applicant certifies that such list has been assembled within 30 days of the submission date of this application. In response to item 15, the name and address of the sole mineral lessee is H S Resources, Inc whose address is 1999 Broadway, Suite 3600, Denver, CO 80202. A photocopy of a surface use agreement between H S Resources and the Developer of the Elms At Meadow Vale was included in the submission of the First Filing of this PUD and the terms and conditions of that agreement apply to the Third Filing. In response to item 16, it is the developer's belief the proposed PUD Final Plan is in compliance and meets all criteria as set forth in the Change of Zone. Essentially the PUD Final Plan is a re-submission of the information contained in the change of zone application. The use of the property is for the development of a single family housing subdivision. In addition to the resident lots there will be open space which is developed and then maintained by a Homeowners Association. Lots within the subdivision will receive treated domestic water from the Longs Peak Water District. The developer will built an irrigation and fire protection system for each lot within the subdivision as well as in the common areas. The system will be incorporated with facilities that have been put in place for the Meadow Vale Farm subdivision. The subdivision's public sewer service will be provided by St. Vrain Sanitation District. Public Service Company of Colorado will provide natural gas to the subdivision. United Power will provide electrical service to the subdivision. US West will provide telephone service to the subdivision. Each of the utility providers has indicated in writing that services are available for this project. In response to item 17, a Final Plan plat map is being submitted. In response to item 18, a Landscape Map is being submitted. In response to item 19, the applicant has provided letters of acceptance from each of the utility companies who will serve this project with the exception of U. S. West and the television cable provider who have not yet provided the letters of acceptance to the applicant. In reviewing the draft of the final plat which has been submitted, two issues need to be addressed. The plat inadvertently has two Blocks which are marked 25. One of those Blocks will be renumber on the final plat. Secondly, the filing plat does not contain signature lines for the Lienholder. The Mylar of the plat will correct these two issues. Should additional information or clarification of the information provided in this letter be necessary, you may contact me or Mr. Floyd Oliver who is the Manager of the Development Company that is submitting the Elms At Meadow Vale PUD for approval. Mr. Oliver can be reached at the address and telephone number shown in the PUD Final Plan Application. Sincerely yours, ask Glen Droegemueller Attorney At Law GD/dh .. ITEM 3 COMMITMENT OF TITLE INSURANCE and COPY OF WARRANTY DEED REGARDING OWNERSHIP OF THE PROPERTY SPECIAL WARRANTY DEED THIS DEED, Made this 6th day of September 2000 between Robert L. Green and Ione E. Green r of die County of Weld and Stare of Colo redo '^ gnnmr(s),ad Elms Lend Company, LLC, a Colorado Limited Liability Company whose apt address is r. of the County of Weld and Stale of Colorado ,grantee(s): WITNESSETH,That the grentor(s).for and in consideration of the sum of FIVE HUNDRED FIFTY TWO THOUSAND FOUR HUNDRED TEN AND NO/100 ... DOLLARS,($552,410.00 ), the receipt and sufficiency of which is hereby acknowledged,hes granted,bargained,sold and conveyed,and by these presents does grew.bargain,sell,convey and confirm.unto the grantee(s),his heirs and assigns forever,all the real property together with improvements,If any,situate,lying end being in the County of Weld ,and Slate of-Colorado, described as follows: Parcel I: Lot 'A', Recorded Exemption No. 1313-04-2-R52540, according to the map recorded January 11, 2000 at Reception No. 2743689, being a portion of Section 4, Township 2 North, Range 68 West of the 6th P.M. County of Weld, State of Colorado. Parcel II: Lot '8', Recorded Exemption No. 1313-04-2-RE2S40, according to the map recorded January 11, 2000 at Reception No. 2743689, being a portion of Section 4, Township 2 North, Range 68 West of the 6th P.M.,Couuty of Weld, State of Colorado — also known by street and number as 2004 Weld County Road 26, , Colorado TOGETHER with all and singular die hereditament.and appurtenances thereunto belonging,or in anywise appertaining,and jl the reversion and reversions,remainder and remainders,rents,issues and profits thereof,and all the estate,right,title,interest. ^ claun and demand whatsoever of the grantor(s),either in law or equity,of,in and to the above bargained premises,with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances,unto the grantee(s),his heirs and assigns forever. The grantor(s),for himself,his heirs end personal representatives or successors,does covenant and agree that he shall and will WARRANT AND FOREVER DEPEND the above-bargained premises In the quiet and peaceable possession of the grantee(s),his heirs and assigns,against all and every person or persons claiming the whole or any part thereof, by,through or under the grantor(s). The %/�singular number shall include the plural,the plural the singular,and the use of any gender shall be applicable to all genders. IN/��' WHERE)has<mcuteJ this deed the dale set forth above. e. Robert L. Green Ione E. Green Arm. ssm STATE OP COLORADO ... COUNTY OF BOULDER )». The foregoing Instrument was acknowledged before me this 6th day of September , 2000,by Robert L. Green and Ione E. Green My Commission expires: ?Gal Witness my hand and official seal. —. • C`•Sd f_/. '/SWAM o ary Public SPRCNL WARRANTY DIED potent, Free IASIJejleo 'a File LR39944B00 - FIRST AMERICAN HERITAGE TITLE CO 1000 Centre Avenue•Fort Collins,CO 80526•Phone:(970)493-3051 •FAX:(970)224-2177 COMMITMENT ^ SCHEDULE A a Commitment No: LR39944B00 "' 1. Commitment Date: August 30, 2000 at 7:29 A.M. 2. Policy or Policies to be issued: Policy Amount (a) Owners Policy - Proposed Insured: $ TBD For Information Only 3. Fee Simple interest in the land described in this Commitment is owned, at the Commitment Date by: The Elms Land Company, LLC, a Colorado Limited Liability Company a ^ 4. The land referred to in this Commitment is described as follows: Parcel I: ^ Lot 'A' , Recorded Exemption No. 1313-04-2-RE2540, according to the map recorded „� January 11, 2000 at Reception No. 2743689, being a portion of Section 4, Township 2 North, Range 68 West of the 6th P.M. County of Weld, State of Colorado. ^ Parcel II: Lot 'B' , Recorded Exemption No. 1313-04-2-RE2540, according to the map recorded January 11, 2000 at Reception No. 2743689, being a portion of Section 4, a Township 2 North, Range 68 West of the 6th P.M. ,., County of Weld, State of Colorado. ,.� County of Weld, State of , Colorado. .•. (for informational purposes only) 2004 Weld County Road 26 a a '^ PREMIUM: ^ Owner's Policy $ 50. 00 a 09/05/00 16:21:50 cm HC5393 a a a =oat 09/05/00 16:21:51 cm RC5393"' ^ File* LR3994 B00 NOTICE TO PROSPECTIVE OWNERS (A STATEMENT MADE AS REQUIRED BY COLORADO INSURANCE REGULATION) GAP PROTECTION When this Company conducts the closing and is responsible for recording or filing the legal documents resulting from the transaction, the Company shall be responsible for all matters which appear on the record prior to such time of recording or filing. ^ MECHANIC'S LIEN PROTECTION If you are a buyer of a single family residence you may request mechanic's lien • coverage to be issued on your policy of insurance. If the property being purchased has not been the subject of construction, • improvements or repair in the last six months prior to the date of this commitment the requirements will be payment of the appropriate premium and the completion of an Affidavit and Indemnity by the seller. If the property being purchased was constructed, improved or repaired within six • months prior to the date of this commitment the requirements may involve disclosure ^ of certain financial information, payment of premiums, and indemnity, among others. The general requirements stated above are subject to the revision and approval of the Company. SPECIAL TAXING DISTRICT NOTICE (A Notice Given In Conformity With Section 10-11-122 C.R.S. ) ^ The subject land may be located in a special taxing district; a certificate of taxes due listing each taxing jurisdiction shall be obtained from the county treasurer or the county treasurer's authorized agent; and information regarding special districts and the boundaries of such districts may be obtained from the board of county commissioners, the county clerk and recorder, or the county assessor. M 09/05/00 16:21:52 cm HC5393" FIe# LA39944B00 Form No. 1344-B1 (CO-88) ALTA Plain Language Commitment SCHEDULE B - Section 1 ^ Order No. LR39944B00 Requirements The following requirements must be met: " (a) Pay the agreed amounts for the interest in the land and/or for the mortgage to be insured. (b) Pay us the premiums, fees and charges for the policy. (c) Obtain a certificate of taxes due from the county treasurer or the county treasurer's authorized agent. (d) The following documents satisfactory to us must be signed, delivered and recorded: 1. This commitment is for informational purposes only. The Company's liability is limited to the amount paid for this product. ' NOTE: IF THE SALES PRICE OF THE SUBJECT PROPERTY EXCEEDS $100, 000. 00 THE SELLER SHALL BE REQUIRED TO COMPLY WITH THE DISCLOSURE OR WITHHOLDING PROVISIONS OF C.R.S. 39-22-604.5 (NONRESIDENT WITHHOLDING) . ra l I" 09/05/00 16:21:54 cm HO5393'' '~ File 0IR39944B00 Porn No. 1344-B2 (CO-88) ALTA Plain Language Commitment SCHEDULE B - Section 2 ^ Order No. LR39944B00 Exceptions Any policy we issue will have the following exceptions unless they are taken care of to our satisfaction: 1. Taxes and Assessments not certified to the Treasurer's Office. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3 . Easements, or claims of easements, not shown by public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the land would disclose, and which are not shown by the public records. 5. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 6. All taxes and assessments, now or heretofore assessed, due or payable. 7. Rights of way for County Roads 30 feet on either side of Section and Township lines, as established by the Board of County Commissioners for Weld County, recorded October 14, 1889 in Book 86 at Page 273. 8. The right of proprietor of a vein or lode to extract or remove his ore should the same be found to penetrate or intersect the premises thereby granted as ^ reserved in United States patent recorded in Book 20 at Page 43; and any and all assignments thereof or interest therein. '^ 9. An Oil and Gas Lease, from Glenn R. Wilson and Gilbert L. Wilson as Lessor(s) ... to Energy Minerals Corporation as Lessee(s) dated October 7, 1970, recorded November 2, 1970 in Book 635 at Reception No. 1556878, and any and all assignments thereof or interests therein. Assignment recorded June 15, 1987 .-. in Book 1160 at Reception No. 2103479. 10. An easement for a pipeline for the transportation of oil, gas and other substances and incidental purposes granted to Panhandle Eastern Pipeline Company by the instrument recorded September 4, 1980 in Book 913 at Reception No. 1835042 . 11. Any assessment or lien of Left Hand Water District, as disclosed by the instrument recorded August 28, 1990 in Book 1274 at Reception No. 2224977. 12. Notice concerning underground facilities of United Power, Inc. , formerly Union Rural Electric Association, Inc. , recorded January 24, 1991 in Book 1288 at Reception No. 2239296. --Continued 09/05/00 16:21:55 cm HC5393� ' Files LR39944B0(! ^ Form No. 1344-B2 (CO-88) ALTA Plain Language Commitment Schedule B - Section 2 continued Order No. LR39944B00 13 . An undivided 50% interest in all oil, gas and other minerals as reserved by •— Donald M. Lesher, Trustee of the Wilson Family Trust recorded May 21, 1984 in Book 1030 at Reception No. 1967510, and any and all assignments thereof or interests therein. 14. Farmers No. 3 Reservoir, and any and all rights of way thereof, as evidenced by Map filed June 1, 1910 as Filing No. 156140, insofar as the same may affect ,.� subject property. 15. Drain ditch as evidenced by Agreement between Frank A. Wilson and Bertha A. Middleton, dated January 23, 1947, recorded January 28, 1947 in Book 1196 at Page 377. 16. Easement for Mountain States Telephone Company along the Easterly portion of subject property and for power line along the Westerly portion of subject property. 17. The following notices pursuant to CRS 9-1. 5-103 concerning underground facilities have been filed with the Clerk and Recorder. These statements are general and do not necessarily give notice of underground facilities within the subject property: A. Mountain Bell Telephone Company, recorded October 1, 1981 in Book 949 at Reception No. 1870705. B. Colorado Interstate Gas Company, recorded August 31, 1984 in Book 1041 at Reception No. 1979784. C. Associated Natural Gas, Inc. , recorded July 20, 1984 in Book 1037 at Reception No. 1974810. ^ D. Panhandle Eastern Pipe Line Company, recorded October 1, 1981 in Book .., 949 at Reception No. 1870756 and June 26, 1986 in Book 1117 at Reception No. 2058722. E. United Power, Inc. , formerly Union Rural Electric Association, Inc. , recorded January 24, 1991 in Book 1288 at Reception No. 2239296. F. Western Gas Supply Company, recorded April 2, 1985 in Book 1063 at Reception No. 2004300. G. St. Vrain Sanitation District, recorded December 14, 1988 in Book 1218 at Reception No. 2164975. 18. Terms, conditions, provisions, agreements and obligations specified under the Memorandum of Agreement by and between Robert L. Green, Ione E. Green, Thomas L. Dunn and Floyd Oliver recorded July 16, 1998 at Reception No. 2626402. CONTINUED 09/05/00 16:21:56 cm HC5393r, n File• IR39944BOC Form No. 1344-B2 (CO-88) ALTA Plain Language Commitment Schedule B - Section 2 continued • Order No. LR39944B00 19. Notice of Right to Use Surface of Lands recorded August 19, 1999 at Reception No. 2714957. ^ 20. Tap Purchase Agreement recorded December 22, 1999 at Reception No. 2740235. 21. Covenants, conditions and restrictions, which do not include a forfeiture or reverter clause, set forth in the instrument recorded November 19, 1999 at Reception No. 2733551. Provisions regarding race, color, creed, and national origin, if any, are deleted. • 22. All items set forth on Plat recorded January 11, 2000 at Reception No. 2743689. 23. Deed of Trust from Elms Land Company, LLC, a Colorado Limited Liability Company to the Public Trustee of Weld County for the benefit of FirstBank of Longmont to secure an indebtedness in the principal sum of $1, 000, 000. 00, and any other amounts and/or obligations secured thereby, dated March 28, 2000 and recorded March 31, 2000 at Reception No. 2758695. • 24. Deed of Trust from Elms Land Company, LLC, a Colorado Limited Liability Company to the Public Trustee of Weld County for the benefit of FirstBank of Longmont ^ to secure an indebtedness in the principal sum of $275, 000. 00, and any other amounts and/or obligations secured thereby, dated March 28, 2000 and recorded April 6, 2000 at Reception No. 2760174. • 25. Deed of Trust from Elms Land Company, LLC, a Colorado Limited Liability Company to the Public Trustee of Weld County for the benefit of Thomas L. Dunn and Nancy Jo Dunn to secure an indebtedness in the principal sum of $200, 000.00, and any other amounts and/or obligations secured thereby, dated July 31, 2000 and recorded August 4, 2000 at Reception No. 2785050. ▪ 26. Deed of Trust from Robert L. Green and Ione E. Green to the Public Trustee of Weld County for the benefit of The First National Bank of Strasburg to secure an indebtedness in the principal sum of $260, 000.00, and any other amounts and/or obligations secured thereby, dated November 20, 1998 and recorded January 21, 1999 at Reception No. 2668221. 27. Deed of Trust from Robert L. Green and Ione E. Green to the Public Trustee of Weld County for the benefit of The First National Bank of Strasburg to secure an indebtedness in the principal sum of $350, 000.00, and any other amounts and/or obligations secured thereby, dated September 11, 1998 and recorded September 23, 1998 at Reception No. 2642106. 0. ITEM 4 LETTER FROM ST. VRAIN SCHOOL DISTRICT A I.k I. I• r I�. August 11, 2000 Floyd Oliver 2385 Homestead Place Longmont, CO 80504 RE: Meadow Vale Filing 1, 2, and 3. Dear Floyd, Per your request, this letter confirms that there Is an existing agreement for the entire Elms it Meadow Vale development which covers both the first, second and third filings. This agreement requires the payment of a$427 cash in-lieu of land fee per unit prior to obtaining a building permit. Please forward this information on to any future buyers of the development so that they are aware of the requirements. The District appreciates your cooperation and assistance In the development of this agreement and in helping to mitigate the impacts on the schools. Please let me know if you have any questions regarding this agreement. Sincerely, 30.t. con Toilllon, AICP ^ Planning Specialist cc: Ken Kirkland, Assistant Superintendent for Auxiliary services ITEM 5 LIENHOLDER'S CONSENT AND APPROVAL LETTER Ala ana Ala soa LIENBOLDER'S CONSENT AND APPROVAL TO P151)FINAL PLAN The undersigned lienholder represents it has reviewed the application information being submitted for the PUD Final Plan Application for the Elms At Meadow Vale Third Filing and affirmatively states to Weld County its desire to approve the information contained in the application and request the approval of the PUD Final Plan as submitted. • FirstBank of Longmont ... c as/ D • 4I^ BY: - �6�1�'9G �a2• llct� P,� cd � sek .. les ^ r 001 Ank ITEM 6 WELD COUNTY CERTIFICATE OF TAXES DUE Report Date: 09/06/200010:13AM WELD COUNTY TREASURER Page: 1 STATEMENT OF TAXES DUE SCHEDULE NO: R7973199 ASSESSED TO: GREEN ROBERT L& IONE E 14930 N COLORADO BLVD '' BRIGHTON, CO 80601 LEGAL DESCRIPTION: PT N2NW4 4-2-68 EXC S176' M/L ALSO EXC E17.5 RODS (2.36R) PARCEL: 131304000053 SITUS ADD: 2004 26 CR WELD TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE 1999 TAX 1,665.56 0.00 0.00 1,665.56 0.00 TOTAL TAXES 0.00 GRAND TOTAL DUE GOOD THROUGH 09/06/2000 0.00 ORIGINAL TAX BILLING FOR 1999 TAX DISTRICT 1345- ^ Authority Mill Levy Amount Values Actual Assessed WELD COUNTY 22.038 463.68 Land 31,175 9,040 SCHOOL DIST RE1J 44.096 927.77 Exempt 0 0 NCW WATER 1.000 21.04 Improve 96,379 12,000 .'. SVW WATER 0.328 6.90 , LONGS PEAK WATER 0.000 0.00 Total 127,554 21,040 MTN VIEW FIRE(BOND 0.634 13.34 - ^' WELD LIBRARY 3.249 68.36 -, MOUNTAIN VIEW FIRE 7.817 164.47 ^ 79.162 1,665.56 - TAXES FOR 1999 .--- ,--. ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE _ CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES-AUGUST 1, REAL PROPERTY-AUGUST I. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK. P.O. Box 458 as Greeley, CO 80632 ^ (970)353-3845 ext.3290 ^ Z c _ . WELD COUNTY TREASURER . ti r.. `7r + Pursuant to the Weld County Subdivision Ordinance,the attached Statement(s)of Taxes — Due,issued by the Weld County Treasurer,are evidence that,as of this date, all property taxes, special assessments and prfo'1'tax liens cun`ently due-and payable connected with the parcel(s) identified therein have been paid in full. Signe �—ye e/ Date: C“ /6e ITEM 7 CERTIFICATE FROM KBN ENGINEERS REGARDING DESIGN OF UTILITIES n ENGINEERS September 7, 2000 Department of Planning Services Weld County 1555 N. 17th Avenue Greeley,CO 80631 RE: THE ELMS AT MEADOW VALE SUBDIVISION Our Project No. 00019 Dear Department of Planning Services: ^ Our civil engineering design firm has been responsible for the preliminary design of sanitary sewer, water, storm drainage and street improvements proposed for the Third Phase of development for the above referenced project. Sincerely, /,( 'duty,( c '4 Michael C. Ketterling, PE Ketterling, Butherus & Norton Engineers, LLC. 820 8th Street / Greeley,Colorado 80631 / tel 970-395-9880 / fax 970-395-9881 ITEM 8 SECOND SUPPLEMENT TO DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS r SECOND SUPPLEMENTAL DECLARATION FOR ANNEXED PROPERTY TO THE ELMS (A PLANNED COMMUNITY) AND I-' THE ELMS COMMUNITY ASSOCIATION Iv a TABLE OF CONTENTS PREAMBLE ARTICLE I - DEFINITIONS 2 Section 1 General 2 Section 2 Annexed Property No. 2 2 Section 3 Common Area 2 Section 4 Declaration 2 Section 5 Related User 2 Section 6 Restrictions 2 ARTICLE II - ANNEXATION TO COMMUNITY ASSOCIATION AREA 2 Section 1 Declaration 2 Section 2 General Plan 3 Section 3 Equitable Servitudes 3 Section 4 Restrictions Appurtenant 3 Section 5 Residential Lots 3 Section 6 Annexed Property Constitutes Assessment Area 3 ARTICLE III - COMMUNITY ASSOCIATION PROPERTIES 3 Section I Member's Rights of Use and Enjoyment 3 Section 2 Delegation of Rights of Use 4 ARTICLE IV - AMENDMENT OF SUPPLEMENTAL DECLARATION 4 Section I Amendment of Supplemental Declaration 4 EXHIBIT A 6 �• i -- SECOND SUPPLEMENTAL DECLARATION FOR ANNEXED PROPERTY TO THE ELMS (A PLANNED COMMUNITY) AND { THE ELMS COMMUNITY ASSOCIATION This Second Supplemental Declaration is made and entered into this day of 2001, by ELMS LAND COMPANY, LLC, a Colorado limited liability company (hereinafter referred to as "Declarant"). PREAMBLE A. Declarant is the Owner of the Annexed Property described hereafter in this Supplemental Declaration. B. The Annexed Property is part of the Annexable Area under the Declaration described hereinafter which is being subdivided and improved as a common interest community to be known — as The Elms in accordance with the Declaration. In furtherance of the Declaration described hereinafter, Declarant intends to improve, own and convey the Annexed Property in accordance with the terms of the Declaration. The owners who own Lots in the Annexed Property shall be subject to the provisions of the Declaration as described hereinafter, and this Supplemental Declaration. C. The Declarant caused be recorded on the 19th day of November, 1999 at Reception No. 2733551 the original Declaration of Covenants, Conditions and Restrictions. The Declarant has also caused to be recorded on the day of , 2000 under Reception No. the First Supplemental Declaration of Covenants, Conditions and Restrictions. The Declarant also caused to be recorded on the day of , 2001 under Reception No. the Elms at Meadow Vale Third Filing which is a Subdivision Plat approved by Weld County, which designates the Lots that are being created in the annexed property. D. Pursuant to Article II of the Declaration, Declarant wishes to designate the Annexed _ Property and to impose additional covenants, conditions, restrictions and reservations on the Property, as hereinafter described. 00.1/4 1 THEREFORE DECLARANT HEREBY DECLARES AS FOLLOWS: ARTICLE I DEFINITIONS Section 1 - General. Unless as the context otherwise requires and unless otherwise expressly provided herein, the capitalized terms in this Supplemental Declaration shall have the same meaning as any similarly capitalized term defined in the Declaration. The following words and phrases when used in this Supplemental Declaration shall have the meaning hereinafter specified. Section 2 - Annexed Property No 2. "Annexed Property" shall mean the real property described in "Exhibit A" attached hereto. The Annexed Property shall be known as "Annexed Property No. 2." The Annexed Property includes all rights and easements, if any, appurtenant to the real property described in "Exhibit A" attached hereto. The use and enjoyment of any of such rights and easements by any person shall be subject to the terms and provisions of this Supplemental Declaration. Section 3 - Common Area. "Common Area" shall mean and refer to all Real Property and Improvements owned or leased by The Elms Community Association. Section 4 -Declaration. "Declaration" shall mean the original Declaration of Covenants dated October 28, 1999, recorded November 19, 1999, at Reception No. 2733551, of the real estate records of the Clerk and Recorder of Weld County, Colorado. Declaration shall also mean the First Supplemental Declaration of Covenants dated day of , 2000 recorded , 2000, at Reception No. , of the real estate records of the Clerk and Recorder of Weld County, Colorado. Section 5 - Related User. "Related User" shall mean any member of the immediate family of an Owner who resides with such Owner; guests and invitees of an Owner; employees of an Owner; and occupants, tenants and contract purchasers residing in a Residential Home of an Owner who claim by, through or under an Owner. r Section 6 - Restrictions. "Restrictions" shall mean covenants, conditions, restrictions, limitations, reservations, exceptions and equitable servitudes affecting real property. ^ ARTICLE II ANNEXATION TO COMMUNITY ASSOCIATION AREA ,Section 1 -Declaration. Declarant, as the present owner thereof, for itself, its successors and assigns, hereby declares that the Annexed Property shall be part of the Community Association Area 2 under the Declaration and shall be subject to the Declaration, and that the Annexed Property, and each part thereof, shall be owned, held, transferred, conveyed, sold, leased, rented, hypothecated, encumbered, used, occupied, maintained, altered and improved subject to the Restrictions and other provisions set forth in the Declaration and this Supplemental Declaration, for the duration thereof Section 2 - General Plan. This Supplemental Declaration is hereby established as a part of, pursuant to and in furtherance of a common and general plan in accordance with the Declaration for the improvement and ownership of the Annexed Property and for the purpose of enhancing and protecting the value, desirability and attractiveness of the Annexed Property. Section 3 - Equitable Servitudes. The Restrictions set forth in the Declaration and this Supplemental Declaration are hereby imposed as equitable servitudes upon each Lot, Community Association Property and other parcel of property within the Annexed Property, as a servient estate, for the benefit of each and every other Lot, Community Association Property or other parcel of property within the Community Association Area, as the dominant estate. Section 4 - Restrictions Appurtenant. The Restrictions set forth in the Declaration and this Supplemental Declaration shall run with and shall be binding upon of the Annexed Property and each Lot and any Community Association Property therein and shall inure to the benefit of, (a) the Annexed Property, (b)Declarant and its successors and assigns, (c) the Conimunity Association and its successors and assigns, (d) all Persons having or hereafter acquiring any right, title or interest in all or any portion of the Annexed Property and their heirs, personal representatives, successors, and assigns. Section 5 - Residential Lots. Each Lot within the Annexed Property is hereby designated, as a Lot as defined in the Declaration. .- Section 6- Annexed Property Constitutes Assessment Area. The Annexed Property is hereby declared to be a separate Assessment Area under the Declaration and is hereby designated as Assessment Area No. 3. The Common Assessments for the Annexed Property shall commence as to each Lot in the Annexed Property as provided in the Declaration. ARTICLE III COMMUNITY ASSOCIATION PROPERTIES Section 1 - Member's Rights of Use and Enjoyment. Subject to the provisions of the Declaration, each Owner of a Lot within the Annexed Property shall have a nonexclusive right and easement for use and enjoyment of services provided by the Community Association and of any Community Association Properties. Such right and easement shall be appurtenant to and pass with the title to each Lot of such Member. 3 Section 2 -Delegation of Rights of Use. A Member who owns a Lot in the Annexed Property may delegate that Member's nonexclusive rights and easements for use and enjoyment of the services provided by the Community Association to, (a) any tenant who occupies a Residential Home on the Lot of that Member; (b) any contract purchaser who occupies a Residential Home on the Lot of that Member; (c) any Person who is part of a single family as that term is defined in the original Declaration; (d) if an Owner is a corporation, partnership or other such entity, such reasonable number of officers, directors, partners, shareholders, members or other natural Persons with an interest in such Owner who occupy a Residential Home on the Lot as may be permitted by the Rules and Regulations adopted by the Community Association and members of the single family as defined in the original Declaration; and (e) guests of an Owner, tenant, contract purchaser to the extent permitted by such Rules and Regulations. Mortgagees and other Persons holding an interest in a Lot in the Annexed Property as security for a debt or for performance of an obligation shall not be entitled to use and enjoy Properties or services of the Community Association prior to the time such Person forecloses its security interest and becomes an Owner of such Lot. A Member who does not reside on or occupy a Residential Home on a Lot shall not be entitled to use and enjoy Community Association Properties and services of the Community Association, if a tenant or contract purchaser is occupying the Residential Home on such Lot and is, in accordance with the foregoing, entitled to use and enjoy Community Association Properties and such services derived from such Member. Other Persons may be entitled, from time to time, to use Community Association Properties on a temporary basis, in accordance with the Rules and Regulations adopted under, and subject to the Provisions of, the Declaration. ARTICLE IV AMENDMENT OF SUPPLEMENTAL DECLARATION Section 1 - Amendment of Supplemental Declaration. This Supplemental Declaration, and any provisions or restrictions contained in this Supplemental Declaration, may be amended or repealed at any time and from time to time by obtaining the necessary written approvals of the membership of the Community Association as is set forth in the Declaration of Covenants, Conditions and Restrictions for The Elms, a Planned Community, or as are set forth in the Colorado Common Ownership Interest Act, as that statute presently reads or is subsequently amended by the Colorado Legislature. .-. 00.1/4 IN WITNESS WHEREOF, Declarant has executed this Supplemental Declaration the day and year first above written. Elms Land Company, LLC a Colorado limited liability company, By- FLOYD OLIVER, Manager Declarant STATE OF COLORADO ) ) ss. COUNTY OF WELD ^ The foregoing instrument was acknowledged before me this day of 2001, by FLOYD OLIVER, known to me to be the Manager of Elms Land Company, LLC, a Colorado limited liability company. WITNESS my hand and official seal. My Commission Expires: Notary Public r 5 EXHIBIT A TO THE SECOND SUPPLEMENT TO THE DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR THE ELMS (A PLANNED COMMUNITY) Lots 1-2 Block 1, Lot 1-5 Block 2, Lots 1-3 Block 3, Lots 1-4 Block 4, Lot 1-7 Block 5, Lots 1-3 Block 6, Lots 1-2 Block 7, Lot 1 Block 8, Lots 1-5 Block 9, Lots 1-6 Block 10, Lots 1-6 Block 11, Lots 1-2 Block 12, Lots 1-6 Block 13, Lots 1-3 Block 14, Lots 1-3 Block 15, Lots 1-3 Block 16, Lots 1-10 Block 17, Lots 1-2 Block 18, Lots 1-5 Block 19, Lots 1-3 Block 20, Lots 1-3 Block 21, Lots 1-4 Block 22, Lots 1-2 Block 23, Lots 1-2 Block 24, Lots 1-5 Block 25, Lots 1-3 Block 26, Lots 1-8 Block 27 and Lots 1-3 Block 8, together with outlots A, B, C, D, E, F, G and H all of the Elms At Meadow Vale Third Filing, a residential subdivision in Weld County, Colorado. 6 ITEM 9 IMPROVEMENTS AGREEMENT (To be provided by applicant two weeks prior to recording of plat. Applicant has provided an estimate of interior improvements needed for construction and time period for completion of those improvements.) EXHIBIT " A NAME OF SUBDIVISION: The Elms at Meadow Vale Filing 3 LOCATION: PART OF NW 1/4 SEC. 4, T2N, R68 W Intended to be legally bound, the undersigned Applicant hereby agrees to provide throughtout this subdivision and as shown of the subdivision final plat County dated 19 , recorded on ,19 , in Book , Page No , Reception No. , the following improvements ITEM NO. OF UNITS U.C. TOTAL COST ENGINEERING 90,000.00 SURVEY AND CONSTRUCTION STAKING 44,000.00 SANITARY SEWER 110 LOTS 3200.00 352,000.00 -- WATER MAINS 110 LOTS 2500.00 275,000.00 GRADING 110 LOTS 1200.00 132,000.00 FENCING 110 LOTS 1000.00 110,000.00 CURB, GUTTER SIDEWALK 110 LOTS 2300.00 253,000.00 NATURAL GAS 110 LOTS 600.00 66,000.00 ELECTRICITY 110 LOTS 1000.00 - - 110,000.00 - IRRIGATION SYSTEM 110 LOTS 2300.00 253,000.00 LANDSCAPING 110 LOTS 950.00 104,500.00 TELEPHONE 110 LOTS 500.00 55,000.00 ASPHALT PAVING 110 LOTS 3200.00 352,000.00 SOIL TESTING 5,500.00 STREET SIGNS 8.000.00 Total Estimate cost of improvements and supervision $2,210,000.00 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. Prior to the issuance of building permits on any phase, a Letter of Credit equal to that portion of the improvements not completed as shown hereon shall be provided to Weld County. Said improvements shall be completed according to the construction schedule set out in Exhibit "B". ELMS LAND COMPANY LLC .� -• EXHIBIT "B" Nane of Subdivision: THE ELMS AT MEADOW VALE Filing: 3rd Filing Location: NW 1/4, Sec. 4, T2N, R68W (WCR 5.5 &WCR 26) Intending to be legally bound, the undersigned Applicant hereby agrees to construct the improvements shown on the final subdivision plat of Meadow Vale Farm Subdivision, dated 19_, Recorded on ,19_ in Book , Page No. , Reception No. , the following schedule. All improvements shall be completed within one year of final plat. Construction of the improvements listed in Exhibit"A" shall be completed as follows: Improvements Time of Completion Water and Sewer Mains AUGUST 31, 2001 Streets NOV.. 2001 _ Sidewalks SEPTEMBER 2001 Landscaping and Sprinkler System JUNE 2002 ELMS LAND COMPANY LLC r ft- r ITEM 10 OFFSITE IMPROVEMENTS AGREEMENT (TO BE PROVIDED BY APPLICANT TWO WEEKS PRIOR TO RECORDING OF PLAT. APPLICANT HAS INCLUDED AN ESTIMATE OF COST OF OFFSITE IMPROVEMENTS AND A TIME TABLE FOR COMPLETION OF THOSE IMPROVEMENTS.) /1 rr I. f !n A r. .-. EXHIBIT " A NAME OF SUBDIVISION: The Elms at Meadow Vale Filing 3 LOCATION: PART OF NW 1/4 SEC. 4, T2N, R68 W Intended to be legally bound, the undersigned Applicant hereby agrees to provide throughtout this subdivision and as shown of the subdivision final plat County dated 19 , recorded on ,19 , in Book , Page No , Reception No. , the following improvements ITEM NO. OF UNITS U.C. TOTAL COST OFF-SITE IMPROVEMENTS PAVING WCR 5.5 & WCR 26 5,133 s.y. $15.00 153,990.00 Paving WCR 5.5 &26 10 Ft. wide with 31/2 inches 8.00 35,000.00 Curb, Gutter and Sidewalk 3,900 Ft. 16.00 62,400.00 Remove Trees on WCR 26 30,000.00 Fill Irrigation Ditch 18,000 CY 100,000.00 2600 Feet 24" Irrigation Pipe 2,600 Ft. 30.00 78,000.00 20,000 Ft. Waterline 6 " 20,000 Ft. 15.00 300,000.00 Master Meter Vault 30,000.00 Total Estimate cost of improvements and supervision $789,390.00 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. Prior to the issuance of building permits on any phase, a Letter of Credit equal to that a portion of the improvements not completed as shown hereon shall be provided to Weld County. Said improvements shall be completed according to the construction schedule set out in Exhibit "B". ELMS LAND COMPANY LLC EXHIBIT "B" Nane of Subdivision: THE ELMS AT MEADOW VALE Filing: 3rd Filing Location: NW 1/4, Sec. 4, T2N, R68W (WCR 5.5 &WCR 26) Intending to be legally bound, the undersigned Applicant hereby agrees to construct the improvements shown on the final subdivision plat of Meadow Vale Farm Subdivision, dated 19_, Recorded on ,19_ in Book , Page No. , Reception No. , the following schedule. All improvements shall be completed within one year of final plat. Construction of the improvements listed in Exhibit "A" shall be completed as follows: Improvements Time of Completion WCR Paving August 2001 Curb Gutter & Sidewalk WCR 5.5 & 26 June 2001 Remove Trees in WCR 26 March 2001 Irrigation Pipe in WCR 26 April 2001 Waterline and meter Valult June 2001 ~ Date Elms Land Company LLC ITEM 11 LIST OF NAMES, ADDRESSES AND PARCEL IDENTIFICATION NUMBERS OF OWNERS WITHIN 500 FEET OF THE ELMS THIRD FILING a • AFFIDAVIT OF INTEREST OWNERS: SURFACE ESTATE Legal Description: The Northwest Ouarter of Section 4. Township 2 North. Range 68 West of the 6th P M. THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners' of property (the surface estate) within five hundred (500) feet of the property under consideration. This list was compiled from the records of the Weld County Assessor, or an ownership update from a title or abstract company or attorney, derived from such records, or from the records of the Weld County Clerk and Recorder. The list compiled from the records of the Weld County Assessor shall have been assembled within thirty days of the application's submission date. r 7 Floyd Oliv ^ ^ Owners within 500 feet of the Third Filing of The Elms At Meadow Vale Assessor Parcel -, Name Address Identification # Whitham Farms, LLC 189 Arrowhead Bluff 131305000054 Blue River Route Silverthorne, CO 80498 Elms Community 2385 Homestead Place 131304036001 Associations Longmont, CO 80504 -- Ryland Group, Inc. 8000 E. Maplewood Avenue, #120 131304018001 Englewood, CO 80111 George C. Adam, Jr. 11684 Weld County Road 5 '/ 131304000046 Longmont, CO 80504 Betty Ann Newby 12250 Weld County Road 5 '/ 120733000003 Longmont, CO 80504 Elms Land Company, LLC 2385 Homestead Place Numerous Lots in Longmont, CO 80504 Second Filing Parcel ^ Numbers have not been assigned. ^ THE FOLLOWING OWNERS HAVE ACQUIRED TITLE FROM RYLAND GROUP, INC. WITHIN THIRTY DAYS OF THE DATE OF THIS AFFIDAVIT. IT IS THE APPLICANT'S BELIEF THESE PROPERTY OWNERS HAVE NOT HAD ASSESSOR PARCEL IDENTIFICATION NUMBERS ASSIGNED BY THE WELD COUNTY ASSESSOR'S OFFICE. Assessor Parcel Name Address Identification # Mark and Nikki 11730 Beasley Road None Assigned Archuleta Longmont, CO 80504 Karl and Sandra 11724 Pleasant Hill Road None Assigned Barger Longmont, CO 80504 Joseph and Beth 11721 Beasley Road None Assigned Barkoviak Longmont, CO 80504 Owners within 500 feet of the Third Filing of The Elms At Meadow Vale Assessor Parcel Name Address Identification # Sam Barnett 2702 Pearl Howlett Road None Assigned Longmont, CO 80504 Randy and Joan 11725 Beasley Road None Assigned Branham Longmont, CO 80504 James & Linda Hess 11722 Pleasant Hill Road None Assigned Longmont, CO 80504 Steve and Diane Lam 11716 Beasley Road None Assigned Longmont, CO 80504 Phil and Ihn Leigh 11718 Beasley Road None Assigned Longmont, CO 80504 David and Mary Lu 11728 Beasley Road None Assigned Longmont, CO 80504 Paul and Karol Markle 11726 Beasley Road None Assigned Longmont, CO 80504 Leslie J. & Patricia 11730 Pleasant Hill Road None Assigned McDaniel Longmont, CO 80504 Gerald and Julie McVicker 11711 Beasley Road None Assigned Longmont, CO 80504 1,1 Marty and Cyndy Okland 11729 Beasley Road None Assigned Longmont, CO 80504 John and Kathleen Sargent 11728 Pleasant Hill Road None Assigned Longmont, CO 80504 Larry and Donna Schroeder 11727 Beasley Road None Assigned Longmont, CO 80504 Michael and Janis Whisman 11727 Pleasant Hill Road None Assigned Longmont, CO 80504 2 ITEM 12 -- AFFIDAVIT OF INTEREST OWNERS: MINERAL AND SUBSURFACE ESTATE AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE Property Legal Description: The Northwest Ouarter of Section 4 Township 2 North Range 68 West of the 6th P,M. Property Legal Parcel Number: 131304000053 STATE OF COLORADO } ^ }ss. COUNTY OF WELD THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge, the attached list is a true and accurate list of the names and addresses of all mineral owners and lessees of mineral owners on or under the parcel of land which is the subject of the application as their names appear upon the real property records in the Weld County Clerk and Recorder's Office. No severance of minerals shown, applicant is owner of minerals. No PIN Number has been assigned. By: Y l]� 01;2_,/ Floyd liver Title: Manager The foregoing instrument was subscribed and sworn to me this ' day of , -_ , 2000. WITNESS my hand and official seal. My Commission Expires: 2 - . - tr 3 p Notary Public `• " U�u f2 ti$7_•. • . A.\ *Vitt". ^ ^ ^ a' a ITEM 13 UTILITY PROVIDERS LETTERS OF ACCEPTANCE FOR THE ELMS AT MEADOW VALE THIRD FILING St. Vrain Sanitation District Longs Peak Water District Mountain View Fire Protection District United Power, Inc. Public Service Company of Colorado August 24, 2000 Mr. Floyd Oliver Meadow Vale Farm 2385 Homestead Place Longmont, CO 80504 Re: Sanitary Sewer Service The Elms at Meadowvale, ri Filing (110 lots) Part of NW %.of Section 4,T2N,R68W Saint Vrain Sanitation District will provide sanitary sewer service to the lots listed above r. located at The Elms at Meadowvale, Longmont, CO, subject to the following conditions: • Completion of necessary connection agreements, and • Receipt of applicable fees. Service will be subject to the rules and regulations of the St. Vrain Sanitation District. Sincerely yours, St. Vrain Sanitation istrict /it/cite—, Mark A. Peterson District Manager .- Arm. PI LONGS PEAK WATER DISTRICT . , 9875 Vermillion Road • Longmont, CO 80501 • (303) 776-3847 office • (303) 776-0198 fax June 19, 2000 Mr. Floyd Oliver President Meadow Vale Farm 4520 W. 16th Street #46 Greeley, CO. 80634 RE: Commitment for Service Dear Mr. Oliver: This letter is in response to your request that the Longs Peak Water District commit to provide domestic water service to a development described as follows: A development referred to as The Elms at Meadowvale, consisting of 110 single family residential lots to be located in the NW 1/4 of Section 4, Township 2N, Range 68 West of the 6th Principal Meridian in Weld County, Colorado. This commitment is for 110 standard 5/8" x 3/4" residential water taps. As we have discussed, there is no capacity in our existing water lines in this area with which to provide service. An off-site water line " extension project can be constructed to upgrade capacity in the area thereby allowing us to provide - service. We do hereby commit to provide service subject to the following conditions: 1. All improvements to District facilities required to provide service will be the responsibility of the person(s)requesting service in accordance with District Bylaws, Policies and Regulations. 2. All improvements required must be completed in accordance with District Specifications and approved, inspected and accepted in accordance with District Bylaws, Policies and Regulations. This commitment will expire six months from the date of this letter if the taps have not been purchased and installed by that date. If you have any questions or should you need additional information, please contact our office. Best regards, C Barry kes C' Gener ager scummy MOUNTAIN VIEW FIRE PROTECTION DISTRICT Administrative Office: 9119 County Line Road•Longmont, Co 80501 s ��♦ (303)772-0710 Metro(303)688-4404 FAX (303)651-7702 tnfl August 28,2000 Mr.Floyd Oliver 303-772-5211 2385 Homestead Place Longmont,CO 80504 Dear Mr.Oliver: This letter is regarding the Elms at Meadow Vale Subdivision. Elms Land Company LLC has submitted the hydraulic studies for fire flow and plans for Filing 3 of this subdivision to the Fire - District for review. Based on the hydraulic studies submitted the required fire-flow of 1.000 gallons per minute will be provided. Fire apparatus access throughout the filing meets the requirements of the Fire District as shown on the plans submitted. The Fire District has no objection to the recording of the 3rd Filing of the Elms at Meadow Vale. Before street construction may begin and permits issued, street construction plans must be submitted to the Fire District for review and approval. Fire hydrants shall be spaced along apparatus access roads no more than 500 feet apart and hydrants must be located such that a hydrant is within 250 feet of the front property line of all lots. Should you need additional information or should you have any questions please contact me at 303-772-0710. Sincerely, �acA LuAnn Penfold Fire Marshal LMP/Ip cc: Kim Ogle,Weld County Planning Dept., 1555 N. 17th Avenue,Greeley,CO 80631 project file file wit 3600 a lotion MOM SIaS3 !Mona ar0m1 trine *olio, .-. n1to Cnry Lino At 1x11 WOO PQeame 0.0 Will 10011D00bn nun P.O.Bain P.O.Oa 40 Lonironi. rn Le prenr CO 711 Pin . . WO Nowt Yl Ron Lyr1 CO NO&Opl 1W 0P Felt& 1a 0000• slit CO COW No&CO 10614 100M C1l.CO nail 0Peae.CO all ^ _ f .. 1NIT0 UNITED POWER.INC. pO R P.O.Box 929,Brlphlon,C0,1080./501 • Telephone:303.859.0551 • 1.600.4 .8809 Fax:303.659.2172 • .unhedpower.eom August 29,2000 Mr.Floyd Oliver Meadow Vale Farm 2385 Homestead Place Longmont, CO 80504 Subject: Elms at Meadow Vale,Third Filing Dear Mr. Oliver: The purpose of this letter is to acknowledge that United Power is planning to provide electric service to the Third Filing of Elms at Meadow Vale. We understand that there will be approximately 110 residential lots within the proposed filing. United Power is ready,willing, and able to install and provide service to those lots. If you have any questions,please give me a call at 303-637-1254. Sincerely, UNITED POWER,,INC. j�LOA:ee f c 8X0. Bill Meier I-25 District Representative BM: tg A Touchstone Energy° Pnrener • -* £0'3OLic' ldiOs *w �, COMPICANY YOPC/ /`_// COMPANY OF CO[ORACor •N(w ethlw•ninon,/month, n August 25,2000 Floyd Oliver 2385 Homestead PL Longmont,CO mot Dear Mr.Oliver. Thank you for your recent request for information regarding Natural Gas service to The Elms at Meadowvale Farm, Subdivision Filing 3. At Public Service Company, we're excited to have the opportunity to work with you on this project and partner with you to its successful completion. We will be able to save the 110 units in the 3i°Filing at The Elms at Meadowvale. Public Service Company is confident you will find our services and experience of value to your project. I will be contacting you shortly to discuss your project. If at any time during this project you need additional information or have a problem you need to resolve, please do not hesitate to contact me. Again, all of us at Public Service Company of Colorado. a New Century Energies Company, look forward to working with you and providing your energy needs. Sincerely,CL'ijn (dad J 'Cechniclaian/BoBouidert7peraq • /1 i'1 t .� 0 4 Meado w Vale Farm December 8, 2000 Weld County Planning Dept. Diane Houghtaling, Traffic Engineer DEC 1 1 2000 Weld County Public Works P. 0. Box 758 Greeley, CO 80632 RECEIVED Dear Miss Houghtaling, This letter is being written concerning your Oct. 17 MEMO to Weld County Planning pertaining to S-579 Elms at Meadow Vale 3rd. Filing. You and I met in your office to discuss the contents of your memo Dec. 7, 2000. After review of papers in my office I will not make the changes in the West Bound road section of Perl Howlett street that you requested for the following reasons. 1. The change of zone hearing was held before the Weld County Planning Commission on Aug. 18, 1998. The drawings for the change of zone showed three cross sections for streets, one was for local streets, two was for Boulevard Street and the third was for existing Weld County Roadways. The Boulevard section shows the 20 wide street which we have build in the 1st. and 2nd Filings. Weld County Public Works approved these sections at the change of zone hearing on Aug. 18, 1998. Don Carrol represented Weld County Public Works. 2. The Weld County Planning Commission recommend approval of the change of zone request unanimously showing these three cross section on the chang of Zone Plat. The change of zone plat was latter recorded showing these three cross sections. 3. The Weld County Board of Commissioners held a public hearing on the change of zone on Oct. 14, 1998. The Board approved the change of zone and the street cross sections on Oct. 14, 1998. This vote was also unanimous. The Board also gave approval authority to Weld County Planning for final platting. 4. On October 25, 1999 Mountain View Fire Protection gave it's approval for final platting to Weld County Planning for the 1st. Filing. On July 26, 2000 the Mountain View Fire Protection District gave it's written approval of the 2nd. filing. On Aug. 28, 2000 the Mountain View Fire Protection District gave its written approval of the 3rd. Filing to Weld County Planning. All of the three approvals were for Boulevard Street with a 20 driving lane. Weld County Planning has copies of these approvals. 5. Construction of internal roads in the 1st. and 2nd Filing of the Elms at Meadow Vale has been approved by Weld County Public Works. Letters of credit used as collateral for the improvement have been released except for the 15% being held for the warrantee period of two years. 6. Construction drawings for the 1st and 2nd Filing of The Elms shows the West 2385 Homestead Place Longmont,CO 80504 Phone•303-772-4791 Kb Cellular• 970-396-5035 5 Fax• 303-772-5211 r � - ;_s Meadow Yale Farm 0 _Pttr: „rtr 71 bound lane to be 20 wide. Both filings were approved by Weld County Public Works, Don Carrol. 7. Storm sewer lines have already been install in the Median of Perl Howlett and to change the cross section of the median would effect the storm drainage plans which have been previously approved and built. 8. The Mail Center is under construction and to widen the West Bound Lane of Perl Howlett would require changes in the mail center parking lot. 9. To change the cross section of the median of Perl Howlett would result in an unbalanced look, causing residences to question how such a thing could be approved and built. 10. A study of the street design of the entire subdivision shows that the Fire District has five access points into the subdivision, three of these are forty feet wide and the other two are Boulvard Streets which were approved. 11. There are only four houses which will front on Perl Howlett west bound. 12. We have completed over 60% of the development of The Elms at Meadow Vale with approvals of both design and construction and it is too late to make a change. In summary, throughout the development of The Elms at Meadow Vale I have had approval on all design and construction from Public Works, Planning, Planning Commission, Board of Commissioners, Mountain View Fire Protection District, Water Districts, Sewer Districts, Utility Companies and the general public through public hearings. Throughout all of these reviews, hearings and approvals I have not had anyone question the design or the construction. Further, people are buying the houses and feel that it is an outstanding subdivision. Ryland Homes who are building all of the homes in the 1st and 2nd Filing consider the Elms to be one of their best home building areas. Genesse Home have already contracted to buy all of the 3rd. Filing of 111 lots. The profile of roadways appears to be in dispute between you and my engineer Mike Kettering. I have instructed Mike to met with Weld County Public Works to discuss the areas of dispute, I do not feel it is necessary that I be there. We will be completing the West Bound lane of Perl Howlett early this spring since it is already designed and approved. 2385 Homestead Place lS Longmont,CO 80504 Phone•303-772-4791 lei Cellular• 970-396-5035 It Fax• 303-772-5211 4 ft Meadow Vale Farm CY _.. Sincerely, THE ELMS AT MEADOW VALE WiV Floyd Oliver Manager cc KBN Engineers Kim Ogle 2385 Homestead Place lei Longmont,CO 80504 Phone•303-772-4791 U6 Cellular• 970-396-5035 l( Fax• 303-772-5211 Sep 27 00 ❑5: 52a Chris Mar-an 303 449-1175 p. 2 • o DEMOLITION PERMIT APPLICATION FORM m b, lw A$55 FEE MUST ACCOMPANY THIS FORM. t"a"e cep. of P'd` AFCD.w tin,"mm' si INCOMPLETE APPLICATIONS WILL BE RETURNED, A CPSi e1 Di.Si a * (Permit will be mailed to demolition contactor uaiets s fled otherwise) be..,,Co e`oi44 u e•, : 301491-3 Ill o f se' DEMOLITION CONTRACTOR: DEMOLITION SITE: —_ Compaq Name Building Neat(if epplkable) re5idervWesl Snot Type of Building(le Residential.w�arehoo Cie,office building.ere I ZOOM Weil andi Raid 2G City Stn Zip Code Sow ( _ Telephone e�oVint�+ CW✓lDef' o Code !I nn p tuad•r•' Cmmntmton Ilan Protect Manage Col Phone Propatee demolition work dsla DISPOSAL SITE: BUILDING OWNER OR DEN ELO PER: Floyd Ohtiir Lang Name Naar's Nano r Z35s5 Ha weak d Ai S=ea x ((Ste�_ [''� p crveni- \a OOcot, Clry Son Zip Cods CI7 JJ Sun Zip Code • ( (3° 12 3 , '7 . 4-191 Telepbore l Telethon . CERTIFIED ASBESTOS A, INSPECTOR: ASBESTOS REMOVAL: CkriS /fin Nuns(Plan prat.Yon:Sigramts u laminaD at boom of tab Poem') Asbestos Abeyant=CooveoI 711 Ca 1. ayoa B�tdit.gSS ➢7b(ohs CD &'n1 Sacs City Sate Zip Code Mbetec PermitlR. rO1 k i OMC.S014S1 10/Vi too ( p�� Colorado CariMn0 Emira to Duo- Quadry of Remo9e4,t_p,.��tttts.t Njaleoval Completed (303 , 817- 82.43 9I22Icn , 1 Tanabone If Dues)ofimpctioa 1St.. ' i ceray that 1 possess currentAliEPA and Beau of Colorado certifiadoa as an Albaws Building inspector. I also certify that I leave inspected the buIIditg to be demolished,u lived lathe Demolition Site block above.sampled all suspect materials(in accordance with Al1ERA),had all samples analyzed for the presence of asbestos by a NISI accredited laboratory,and have determined that(x rinse box and sigh in blue ink): to ACM exists anywhere In the building Asheno.Building Inspector aigoaturc: tfelt onlykorr ACM left in the building is nlriabls VAT and/or mrimpngcud roofing /t I/�sr(A/W.1_/f3 Amon all ACM that I found hit been ecamistely removed from this bulldog.per my visual Wpeeuon I certify the III refrigerants front sit conditioning/refrigeration appliance. C Soliding Owner or ❑Contractor ban been properly recovered la accordance with AQCC Regae:ion No.0 (For information on CPC rsquhemeeu call 692.317).) Signature: Dale: Print Name; e,.4...I none Boulder Environmental Management, Inc. 2227 Canyon Blvd.,Suite 155,Boulder,CO 80302 Phone/Fax: (303)449-1175 October 1, 2000 Mr. Floyd Oliver 2385 Homestead Place Longmont, Colorado 80504 SUBJECT: Asbestos Survey and Bulk Sampling for Building Demolition 2004 Weld County Road 26, Longmont, Colorado 80504 Dear Mr. Oliver: Attached is the report for the asbestos survey and bulk sampling of suspect asbestos- containing materials at 2004 Weld County Road 26,Longmont, Colorado 80504. If you have any questions regarding the contents of this report, please do not hesitate to contact us. Sincerely, C�vv z /in Chris Maron Project Manager • Asbestos*Lead*Industrial Hygiene*Safety*Final Air Testing *Health and Safety Training C:\WINDOWS\Desktop\Completed Jobs\Inspections\9-22-00 2004 Weld County Rd 26-Longmont 80504.docCreated on 10/01/00 9:29 PM Boulder Environmental Management, inc. 2227 Canyon Blvd., Suite 155,Boulder, Colorado 80302 Phone/Fax: (303)449-1175 ASBESTOS SURVEY AND BULK SAMPLING REPORT FOR BUILDING DEMOLITION OF 2004 WELD COUNTY ROAD 26, LONGMONT, COLORADO 80504 Introduction: On September 22, 2000, Boulder Environmental Management, Inc.'s building inspector, Chris Maron, conducted an asbestos-containing materials survey. The purpose of the survey was to identify asbestos containing materials (ACM) and materials presumed to contain asbestos (PACM) as defined by the Environmental Protection Agency (EPA) for the purposes of eventual building demolition. Sampling: During the sampling process, suspect ACM was separated into three EPA categories. These categories are thermal system insulation (TSI), surfacing ACM, and miscellaneous ACM. TSI includes all materials used to prevent heat loss or gain or water condensation on mechanical systems. Examples of TSI are pipe coverings, boiler insulation, duct wrap, and mud packed fitting cement. Surfacing ACM includes all ACM that is sprayed, trowelled, or otherwise applied to a surface. These applications are most commonly used in fireproofing, decorative and acoustical applications. Miscellaneous materials include all ACM not listed in the thermal system insulation or surfacing categories, such as linoleum, vinyl asbestos flooring, and ceiling tile. Boulder Environmental Management, Inc. followed EPA recommended sampling guidelines for identification of asbestos in bulk matrices. A set of three (3), five (5), or seven (7) samples were collected for each material type and analyzed by Polarized Light Microscopy (PLM). Each sample set was systematically analyzed. Upon determination that a sample in a set contained asbestos, analysis of the remaining samples in the set was discontinued. If no asbestos was detected during the analyses, the suspect material was determined to be negative for asbestos content. Asbestos*Lead*Industrial Hygiene*Safety*Final Air Testing *Health and Safety Training Bouldt,_ Environmental Management, ±nc. 2227 Canyon Blvd., Suite 155,Boulder,Colorado 80302 Phone/Fax:(303)449-1175 Results: The following materials were analyzed and determined to be non asbestos-containing utilizing polarized light microscopy (PLM). NON ASBESTOS-CONTAINING MATERIALS MATERIAL LOCATION SAMPLE ID drywall/joint compound front bedroom 9-22-CM-01A 9-22-CM-02A 9-22-CM-03A plaster kitchen ceiling 9-22-CM-04B 9-22-CM-05B 9-22-CM-06B drywall/joint compound bedroom, 9-22-CM-07C bathroom, 9-22-CM-08C hall at bathroom 9-22-CM-09C linoleum bathroom 9-22-CM-10D 9-22-CM-11D 9-22-CM-12D blow-in insulation attic 9-22-CM-13E 9-22-CM-14E 9-22-CM-15E Asbestos*Lead*Industrial Hygiene*Safety*Final Air Testing *Health and Safety Training r - Bouldc. Environmental Management, inc. 2227 Canyon Blvd.,Suite 155,Boulder,Colorado 80302 Phone/Fax: (303)449-1175 The following materials were not sampled and are presumed to contain asbestos: PRESUMED ASBESTOS-CONTAINING MATERIALS SUSPECT MATERIAL LOCATION non-friable, tar impregnated roofing roof components Discussion: Sample analyses results are reported in percentages of asbestos and non-asbestos components. The EPA defines any material that contains greater than one percent(1%) asbestos, utilizing PLM, as being an asbestos containing material. Materials that are identified as "non detected" are specified as not containing asbestos. Conclusion: No friable asbestos exists in the building. There is no asbestos abatement necessary prior to building demolition. The laboratory reports supporting these findings are attached. Applicable state, federal, and local environmental regulations stipulate that all "friable" asbestos containing building materials, `materials that can be crumbled by hand pressure', be removed or abated before the building can be demolished. Please contact Boulder Environmental Management, Inc. with any questions or concerns regarding this report. Sincerely, Chris Maron (AHERA Building Inspector 046-50-1457) Asbestos*Lead*Industrial Hygiene*Safety*Final Air Testing *Health and Safety Training ASBESTOS CERTIFICATION STATE OF COLORADO Colorado Department of Public Health and Environment Air Pollution Control Division This certifies that, Chris. Maron Certification No. 046-5011457 has met the requirements of 25-7-507, C.R.S. and Air Quality Control Commission Regulation No. 8, Part B, and is hereby certified by the state of Colorado in the following discipline: INSPECTOR/MAN'AGEIVMENT PLANNER* Issued: 10/19/1999 Expires: 10/19/2000 I, • - • Author, ed A Cr)Representative s 77tis certificate is valid only with the possession of current ANERA certification in the discipline specified above. Record Number: 7657 7/0,N ,.� �•ye ii '` , '�A .'At\u 1:•4 p J a•�a° a f y�$ta,4 44#4 "nV ea*, v i.. 1 - f 'il witlii ®® GOBBELL HAYS PARTNERS, INC. ' ( mn 10500 East 54th Avenue, Suite 3 4 Denver, CO 80239 y�lv x F ®"- P6. (303)574-0082 •+• Fax(303) 574-0061 h "°l CERTIFIES THAT % E ) Citl HRIS MARON �, 3 --, • t has successfully completed r 4-31 The EPA-APPROVED AHERA ASBESTOS COURSE for Building InspectorAi z. Refresher and has passed the required examination in that discipline. e, ' x This course is EPA-approved under Section 206 of the Toxic Substances Control Act (TSCA) 3'1 t- " and meets the require e i 'e f Colorado Regulation No. 8. jp, t litE ) ibis:s, lei Course Date: 01/28'2000 "a zr- Exam Date: N/A n . Certificate No.: 0100BIRGHP01 U� /�' c I Pe ap - Director e_ < Expiration Date 01/27/Of Peter D pel ct < ✓.. r s� x '� s•A H a L " 'N,-... ";sc ,ft'., T"::;,: -343 � , ''�, ""H -,"..,:, gym,, �- ‘,7 'l;r � a",. , ,,, ' „ jsi • Boulder Environmental Management, Inc. 2227 Canyon Blvd.,Suite 155,Boulder,CO 80302 Phone/Fax:(303)449-1175/cell:(303)817-8243 ASBESTOS BULK SAMPLE LOG LOCATION: Zocct Ueld CI- 2.G J �, 805'04 DATE: ' •2,1-03 CLIENT: no Ohl 23S5 a -{c pl t S\35CC' INSPECTOR: C'JnrL von Ph 3°3 17Z 4rl ccP 9 b 3SC Sc351 c) 7723211 SAMPLE ID MATERIAL SAMPLED BUILDING/LOCATION QUANTITY ' n-o), -Ol R dryvcil --6-x+vre./j c Cord- t h1tt . to oaA 03 Olt a eirliegfiTh jla,Sfe frtc-clne,y C-r„ l,t f 5 0513 1 °Ca ✓ c \C h.,4‘ �.k- 6-14h P D i/no -k 2O A (Z TEST METHOD: PLM- ASBFSTOS TURNAROUND: 21A' SPECIAL INSTRUCTIONS: STOP ONYIRST POSITIVE FOR EACH SAMPLE SET SAMPLES COLLECTED BY:Cam.,;, /7lpl,esy, DATE: TIME: SAMPLES RECEIVED BY: ,�..� s. DATE: `1-2_ScME: 4 Boulder Environmental Management,Inc. 2227 Canyon Blvd.,suite 155,Boulder,CO 80302 phone/Fax:(303)449-1175/cell:(303)817-8243 ASBESTOS BULK SAMPLE LOG LOCATION: ZOo'c1r tQc.kj1 GYZ Loq-rvic.4903CA DATE: CLIENT: F6yel O1 tier INSPECTOR: Ch r SAMPLE ID MATERIAL SAMPLED BUILDING/LOCATION QUANTITY R•Zz -(3 E j law - evk 1St TEST METHOD: pLM- ASBESTOS TURNAROUND: 2. SPECIAL INSTRUCTIONS: STOP ON FIRST PDSITIVE FOR.EACH $8,NIPL SET SAMPLES COLLECTED BY: 4DATE: TIME: SAMPLES RECEIVED BY: DATE: TIME: 5 Strom Environmental, Inc. Consulting and Analytical Services 7100 N.Broadway Ste. 6-S,Denver,CO. 80221 Phone(303)487-4533 Fax(303)487-4534 BULK ASBESTOS SAMPLE ANALYSIS REPORT NIST/NVLAP LAB 1200450 CLIENT: BOULDER ENVIRONMENTAL,INC. SEI PROJECT#: 0009-42 2227 CANYON BLVD,#155 DATE OF RECEIPT: 09-25-00 BOULDER,CO 80302 DATE OF ANALYSIS: 09-25-00 CLIENT PROJECT#: SAMPLED BY: CLIENT PROJECT NAME: 2004 WELD CR 26 PACE#: 1 OF 1 ABBREVIATIONS: SAMPLE TYPE ASBESTOS TYPE, MATERIAL TYPE VT-Vinyl Floor Tile CHRYSCbrytotik CELLCelldoe FS-Floor Sheeting AMOS-Amok* FG-Fibrous Glass AC Acoustical Spray-On CROC-Crocidolite AGC-Aygregate CT-Ceiling Tile TREM-Trelaollte NE-Non Fibrous DJM-Dryrdl Joint Mud NAD-No Asbestos Detected BIN-Binder WP-Wall Plaster TRACE-<1%Asbestos SYN-Synthetk ORAN-Granular 1114-Hone Hair awns • ;await, , sottiatissanutt Itpaza,greit t301nf1RilYtpl uM3 9aaV' I1rl1_,.S 9-22CM-01A 6031 WP-TAN,GRAN NAD 3%CELLFAGG GOOD NO 9-22CM•02A 6832 WP•WHITE,GRAN NAD 9-22-CM-03A100%AGGREGATE GOOD NO X33 WP-GREY,GRAN NAP 100*AAGGREGATE GOOD NO 9-22CM•WA .- 6034 WP-RED,GRAN NAD 5%CELL+AGG GOOD NO 9-22-CM-USA 6035 WP-WHITE,GRAN NAD 10%CELL+AGG GOOD NO 9.22-CM-06B 6836 FS•GREEN,FIBROUS NAD 20%CELL+NF GOOD YES 9-22-CM-07B 6037 F9-GREEN.FIBROUS NAD 20%CELL-tNF GOOD YES - 9-22-CM-08B 6038 ESGREEN,FIBROUS MAD - 20%CELL+NE% GOOD YES 9-22-CM-09C 6839 FS•GREEN,FIBROUS NAD25%CELL+NF GOOD YES 9-22-CM-10C 6040 ES-GREEN,FIBROUS NAD 9.22CM-i1C 6041 25%CELLtNF GOOD YES FS-GREEN,FIBROUS NAD � 75XCELL+NF GOOD YES METHOD: Pularied Light Microscopy,EPA Method 600/R-93/116 DETECTION LIMIT: I%Asbestos ANALYST: Lars Maleas*ronn Authorial:4 Signature: rs Makes rector •Thio swum patia may to tie ibas Ms. IbisCannata a pos be 'PWr bee� d cmay rips FaheMS MS of EEL TL' ,ems cam he,.d by the 5 M"Sim pr by by NVLAP or eer Mossy ortio U31 *Weird by T EM r SEM misuse. and r*naaerr.assdyss or p. per mom seams *an"ism sr somMillosiism sr TIM M A Joe d amrsa et ed Sm. Malign Bader eaa be Sy EPA NESBAPS sod casw�hr Moo 6a pacsytlo%)rbala by PNerW LiynYLM% limb*m neonatal,for us MIM stoslythsfor rhe. dgecliw)Nr are+y4 rumbaed 3 7 HS RESOURCES, INC. 1999 BROADWAY, SUITE 3600 DENVER, COLORADO BO2Oa (303) 296-3600 FACSIMILE (303) 296-3601 April 8, 1999 Mr. Tom Dunn Mr.Floyd Oliver The Elms at Meadow Vale 4250 West 16th Street,No. 46 Greeley, Colorado 80634 Re: Proposed Elms at Meadow Vale Subdivision Twp 2 North, Rge 68 West, 6th P.M. Section 4: NW/4 Weld County, Colorado Dear Mr. Dunn and Mr. Oliver: Enclosed please find a "Notice of Right to Use Surface of Lands" form which includes the captioned lands within its scope. A fully executed original has been sent for recordation to the Clerk and Recorder's Office of Weld County, Colorado in an effort to provide notice to all present and future surface owners of the existence of an Oil and Gas Lease which provides for access to the surface of the referenced lands for the development of the oil and gas estate. We are forwarding a copy of this form to you for your files as you have made inquiry with regard to the surface use of the subject lands. Should you have any questions, or if I may be of any assistance in this regard, please give me a call at(303)296-3600,extension#210. Very y yours, Afd4..t Lisa N. Benecke Consulting Landman for HS RESOURCES,INC. cc: Weld County Department of Planning Services lnb Weld County Planning Dept. enclosure APR 13 1999' RECEIVED NOTICE OF RIGHT TO USE SURFACE OF LANDS THE UNDERSIGNED,James P.Wason,as Denver Basin Land Supervisor,of HS RESOURCES, INC.,a Delaware corporation("HSR"),whose address is 1999 Broadway,Suite 3600, Denver,Colorado 80202,on behalf of HSR,states as follows: HSR is the owner of or has the right to an undivided interest in those certain Oil and Gas Leases,as may be amended (hereinafter referred to as the "Oil and Gas Leases") described on Exhibit "A" attached hereto and made a part hereof for all purposes. The undersigned is familiar with the terms and conditions of the Oil and Gas Leases and hereby confirms such as valid and subsisting Oil and Gas Leases which have been extended beyond Itieir primary terms by the actual drilling and production from a well or wells capable of producing oil and/or natural gas on lands covered by the Oil and Gas Leases or lands which have been pooled or unitized therewith. HSR, its agents, employees,designees, co-owners, successors and assigns hold certain rights to use and access the surface of the lands described below for the purpose of,among other things,DRILLING OR COMPLETION OPERATIONS OR CONTINUING ACTIVITIES FOR THE PRODUCTION OR TRANSPORTATION OF OIL, GAS, OR OTHER HYDROCARBONS OR PRODUCTS ASSOCIATED WITH THE FOREGOING INCLUDING,BUT NOT LIMITED TO,SURFACE USE,INGRESS TO,EGRESS FROM,AND CONSTRUCTION,MAINTENANCE,REPAIR,REPLACEMENT,AND MONITORING OF WELLS, LOCATIONS, EQUIPMENT, MUD AND RESERVE PITS, WELLHEAD EQUIPMENT, SEPARATO*S, TANK BATTERIES, PIPELINES, GATHERING LINES, FLOWLINES, PIPELINE INTERCONNECTIONS,AND ANY AND ALL OTHER REASONABLE OR CUSTOMARY USES OF LAND RELATED TO SAID OPERATIONS OR ACTIVITIES. ALL OF SUCH SURFACE USES ARE SUBJECT TO THE TERMS SET FORTH IN THE OIL AND GAS LEASE, AT LOCATIONS WITHIN THE FOLLOWING DESCRIBED LANDS: Township 2 North,Range 68 West.6h P.M. Section 4: NW/4 Weld County,Colorado NOTICE is hereby provided to all interested parties,including any surface owners,their heirs,assigns and successors-in-interest that HSR has an ongoing right to use the surface of the lands described above for any use allowed by the Oil and Gas Leases now or at some future date. This notice is intended to remain in force for as long as the Oil and Gas Leases,or any extensions or renewals thereof remain in effect as to the above described lands or any portion thereof. However,nothing herein contained shall be construed to limit the rights or enlarge the obligations of HSR or any other party owning an interest in said lands or Oil and Gas Leases. Further,this notice shall not be construed to modify or disclaim any interest HSR or any other party may have in any other valid lease or leases which along with the Oil and Gas Leases may form a part of a pooled or unitized area for an existing well or which may become part of a future spacing unit or pooled area or may actually cover an interest in the specific lands herein described. HSRESOU ES, ) By: James ' Wason Basin Land Supervisor STATE OF COLORADO ) ss CITY AND COUNTY OF DENVER ) The foregoing instrument was acknowledged before me this day of April, 1999, by James P. Wason,as Denver Basin Land Supervisor of HS Resources,Inc.,a Delaware corporation. WITNESS my hand and official seal. _ astA, C lithkrX— Notary Publ c Address: 1999 Broadway Ste.3600 My commission expires: 14-a`)- Denver,Colorado 80202 EXHIBIT"A" Weld County,Colorado Attached to and made a part of that certain"Notice of Right to Use Surface of Lands" dated April Ya_ ,1999,executed by James P.Wason,on behalf of HS Resources,Inc. Oil&Gas Lease No.I Dated: August 22,1970 Lessor: George C.Adam,Jr.and Bonita M.Adam,H/W Lessee: The Anschutz Corporation,Inc. Recorded: Book 634,at Reception Number 1556075 of the records of the office of the Weld County Clerk and Recorder Description: Township 2 North.Range 68 West,6th P.M. Section 4: NE/4,and the East 20 acres of the NW/4 Weld County,Colorado Oil&Gas Lease No.2 Dated: October 7,1970 Lessor: Glenn R.Wilson,and Gilbert L.Wilson Lessee: Energy Minerals Corporation Recorded: Book 635,at Reception Number 1556878 of the records of the office of the Weld County Clerk and Recorder Description: Township 2 North.Range 68 West.6th P.M. Section 4: NW/4,except east 13 acres Weld County,Colorado • Notice of Right to Use Surface of Lands Page 2 SURFACE USE AGREEMENT This Surface Use Agreement ("Agreement") is made this 13th day of July 1999. and is between HS Resources, Inc. ("HSR"), 1999 Broadway, Suite 3600, Denver, Colorado 80202, and Elms Land Company, LLC ("Elms"), 4250 W. 16th Street, #46, Greeley, Colorado 80634. A. Elms is the owner of the surface of the NW/4 of Section 4, Township 2 North, Range 68 West, Weld County, Colorado (hereinafter referred to as the "Property"); B. Elms surface ownership of the Property is subject to the rights of the oil and gas mineral estate,which is owned by third parties, and which has been leased to HSR; C. Elms has plans to develop the surface as a housing development known as The Elms at Meadow Vale; D. HSR has the right to develop its oil and gas leasehold estate by drilling five additional wells (hereinafter referred to as "Future Wells") on the Property and/or deepening, recompleting, or reworking these Future Wells; and E. This Agreement sets forth the parties' rights and obligations regarding the relationship between the development of the Property by Elms and HSR's operation and development of its oil and gas leasehold estate. In consideration of the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. the parties agree as follows: 1. AREAS RESERVED FOR FUTURE WELLS. Elms shall provide HSR the space designated on Exhibit "A" for Future Wells (the "Oil and Gas Operations Area") for any operations conducted by HSR in connection with any Future Wells, including, but not limited to, lease operating activities, workovers, well deepenings, recompletions and fracturing. Except for the space included within the Oil and Gas Operations Area and the access roads provided for in Section 4 below, HSR. shall not occupy the surface of the Property except in the event of an emergency or for reasonable incidental, temporary and non-damaging activities, and HSR shall he strictly and solely responsible for any damages that may occur on such portions of the Property. 2. WELL LOCATIONS. HSR shall have the right to drill Future Wells (including horizontal and directional wells that produce from and drain lands other than the Property) at any locations within areas designated as the Oil and Gas Operations Area, so long as such locations are permitted locations under the then applicable well spacing regulations of the Colorado Oil and Gas Conservation Commission ("COGCC"). HSR shall not otherwise have the right to drill wells on the Property. 3. SURFACE RECLAMATION AND SURFACE DAMAGES. HSR shall be responsible for all costs of reclamation for its activities on the Property. Notwithstanding the above, Elms shall have the right to perform the reclamation work, upon written notification to HSR and consultation with HSR as to the scope and cost of the work. In such event, within 30 days of receipt of final invoices, HSR shall reimburse Elms the appropriate costs. If HSR and Elms cannot agree on the cost of the work to be performed by Elms, the reimbursement obligation of I-ISR shall be limited to the HSR's share of the hid that HSR has accepted for the same work. HSR and Elms may agree to limit the scope of any reclamation rather than return the surface to as near as practical to the condition in existence prior to any operation. 4. ACCESS. Elms shall provide to HSR a 25 foot wide easement for access to the Oil and Gas Operations Area. Such access shall extend from Weld County Road #26 to the Oil and Gas Operations Area substantially in the location depicted on Exhibit A. The access road shall be constructed at HSR's sole cost and expense. HSR shall Maintain the access road at its sole cost during the period of time that HSR conducts operations within the Oil and Gas Operations Area, Elms shall execute and record an easement and right of way in favor of HSR, granting it the rights of access as are specified in this Agreement. Within the Oil and Gas Operations Area, HSR may locate such roads as it determines convenient for its operations within the Area. 5. BATTERIES AND EQUIPMENT. HSR shall have the right to locate, build, repair and maintain tanks, separators. dehydrators, compressors and other equipment reasonably appropriate for the operation and production of any Future Wells only within the Oil and Gas Operations Area. With respect to HSR's equipment and facilities other than pipelines: a. HSR shall install and maintain, at its sole cost and expense, all fences around any Future Wells in compliance with the Rules and Regulations of the COGCC or as are mutually agreed by Elms and HSR. HSR shall install its standard warning signs on the fences surrounding any Future Wells; b. HSR shall install and maintain, at its sole cost and expense, all gates and locks necessary for the security of any Future Wells. Such gates and locks shall be the standard gates and locks used by HSR: c. HSR shall paint any production facilities for any Future Wells, including wellhead guards, with paint that is approved by the COGCC; and r...n..:nr...,i.a..a........ 2 d. Elms shall install and maintain, at its sole cost and expense, any landscaping around any Future Wells. Elms shall not inhibit HSR's access to any Future Wells by landscaping or other installations. 6. FLOWLINES AND PIPELINES. HSR shall have the right to lay any and all new flowlines and pipelines for gas and liquids necessary in connection with HSR's production and transportation of oil and gas from any Future Wells. Elms shall grant to HSR the rights-of-way needed by IISR for any new flowlines or pipelines. In the event any new flowlines or pipelines are necessary, IISR agrees to locate and route such lines along the access road, as shown on Exhibit "A". HSR flusher agrees to comply with any and all applicable county, state or federal regulations pertaining to the location of such lines. All pipelines shall be located at a surface depth of approximately 48 inches from the final graded elevation. Flowlines, which are defined as those lines which carry water or hydrocarbons from the wellhead to a production unit (such as a separator), shall be buried to a surface depth of at least 36 inches. Elms shall furnish information regarding final grade to HSR. The construction and burying of flowlines and pipelines shall be at the sole cost and expense of HSR or its gas purchaser. Elms and HSR shall consult and cooperate regarding their respective development plans. 7. NOTICE OF FUTURE OPERATIONS. HSR shall provide at least fourteen days prior written notice to Elms of any operations in connection with the reworking, fracturing, deepening or other operation on any Future Wells; provided, however, that HSR shall provide at least 30 days prior written notice to Elms and/or any homeowner's association formed by Elms of the drilling of any Future Wells. Regardless of the foregoing notice requirements, HSR shall have immediate access in the event of an emergency. The Notification shall describe the following: 1. The proposed starting date for the proposed activity; 2. The proposed operations to be performed at the site; 3. An approximate summary of the on-site equipment to be utilized; and 4. The approximate duration of the proposed activities. Not less than five working days prior to HSR's mobilization on the applicable Oil and Gas Operations Area, either HSR or Elms may request an on on-site meeting. The purpose of the meeting shall be to inform Elms of the expected activity and to coordinate site access, hazards, barricades, restoration or any other issues that affect the use of and the safety of Elms development. „. ., .w .,.. �.. 3 8. NOTICE TO HOMEOWNERS AND BUILDERS. HSR has filed of record a Notice of Right to Use Surface of Lands attached as Exhibit "B". This notice shall be amended so that the terms of this Agreement shall control. Elms shall furnish all buyers of the Property from the Elms with a plat or map showing the future roads, the Oil and Gas Operations Area and other related facilities. In addition, the Elms shall provide notice to all builders, homeowners and other buyers of the Property from Elms and the homeowners association that: a. Such buyers are not purchasing and do not own any interest in the oil and gas mineral estate; b. There may be ongoing oil and gas operations and production in the Oil and Gas Operations Area on the surface of the Property; c. There are likely to be additional'Future Wells drilled and oil and gas operations and production on the surface of the Property in the Oil and Gas Operations Area; d. Builders and other "wholesale" purchasers of portions of the Elms' property larger than one residential lot, and property zoned for multifamily use, as successors in interest to the Elms, will be acquiring all of the Elms' rights under this Agreement and assuming those obligations undertaken by the Elms pursuant to this Agreement; and e. Homeowner's associations and buyers of individual lots or homes, as successors in interest to the Elms, will be acquiring all of the Elms' rights under this Agreement, and will be subject to the waivers contained in Sections 9 and 10 and the covenant contained in Section 11. 9. DRILLING AND COMPLETION OPERATIONS. HSR shall endeavor to diligently pursue any actual drilling operations to minimize the total time period and to avoid rig relocations or startup during the course of drilling. Elms waives any objections to continuous (i.e., 24-hour) drilling operations. Elms also waives any right to require that wellhead or production equipment be located in conformance with any setback requirements (including but not limited to those concerning any "high density" rules of the COGCC)that are more restrictive than those specified in Section 10 or as depicted on Exhibit "A". Subject to the waiver of setback requirements as set forth above, HSR shall conduct its operations in compliance with the provisions of the rules and regulations:of the COGCC set forth in Rule 603. 10. SETBACK REQUIREMENTS. a. Any Future Well, at the time HSR initially drills it, shall be located at least 150 feet or 1.5 times the rig height, whichever is greater, from any occupied building, public road or major above-ground utility line. In the event HSR elects to drill a Future Well in the Oil and Gas Operations Area, as shown on Exhibit "A", that is less than 150 feet from a 4 public road, Elms shall provide to HSR any waivers necessary so as to comply with the Rules and Regulations of the COGCC; b. Consistent with the COGCC's Rules and Regulations, Elms and the I-Anis at Meadows Vale will not locate any residential lot line within 150 feet from the Oil and Gas Operations Area as shown on Exhibit "A" hereto. If the Elms executes a waiver consistent with Rule 603(a)(2) of the COGCC's Rules and Regulations and tiles such written waiver with the Weld County Clerk and Recorder and with the Director of the COGCC, then Elms shall be entitled to locate residential lots closer than 150 feet from a Future Well; and c. Elms and the Elms at Meadow Vale shall not sell any Property or residential lot that does not meet the criteria set forth in Section 10.b. above, unless and. until the affected well is plugged and abandoned and FISR has provided notice that it does not anticipate drilling a new well at the abandoned location. 11. GOVERNMENTAL PROCEEDINGS. Elms shall not oppose HSR in any agency or governmental proceedings, including but not limited to COGCC or City proceedings, related to HSR's operations on the Property, including but not limited to drilling, workovers, well deepenings and recompletions, provided that HSR's position in such proceedings is consistent with this Agreement. 12. LIMITATION OF LIABILITY, RELEASE AND INDEMNITY. a. NO PARTY SHALL BE LIABLE FOR, OR BE REQUIRED TO PAY FOR, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES TO ANY OTHER PARTY FOR ACTIVITIES UNDERTAKEN WITHIN THE SCOPE OF THIS AGREEMENT; b. Except as to claims arising out of pollution or environmental damage (which claims are governed by Section 13 below) or out of other provisions of this Agreement (which claims shall be governed by the terms of this Agreement), each party shall be and remain responsible for all liability arising out of those losses, claims, damages, demands, suits, causes of action, fines, penalties, expenses and liabilities, including without limitation attorneys' lees and other costs associated therewith (all of the aforesaid herein referred to collectively as "Claims"), arising out of or connected with each such party's ownership or operatiohs on the Property, no matter when asserted, subject to applicable statutes of limitations. Each such party shall release, defend, indemnify and hold the other parties, their officers, directors, employees, successors and assigns, harmless against all such Claims. This provision does not, and shall not he construed to, create any rights in persons or entities not a party to this agreement, nor does it create any separate rights in parties to this Agreement other than the right to he indemnified for Claims as provided herein; 5 c. HSR shall not permit any liens to be tiled on or otherwise attach to, the Property, and in the event any such liens are filed by a person pursuant to any statute or any lien attaches by operation of law or otherwise. HSR shall take all necessary action, at its sole cost and expense, to have such lien discharged and released as promptly as practicable, except that HSR shall have the right to file an operator's lien against other owners of the oil and gas leasehold interest to recover amounts owed to HSR; and d. Upon the assignment or conveyance of a party's entire interests in the Property, that party shall be released from its indemnification in Section 12.b. above, for all actions or occurrences happening after the assignment or conveyance. 13. ENVIRONMENTAL INDEMNITY. The provisions of Section 12 above, except for Section 12.a., shall not apply to any environmental matters, which shall be governed exclusively by the following, subject to the limitations of Section 12.a. above: a. "Environmental Claims" shall mean all Claims asserted by governmental bodies or other third parties for pollution or environmental damage of any kind, arising from operations on or ownership of the Property or ownership of the oil and gas leasehold interest, whichever is applicable, and all cleanup and remediation costs, fines and penalties associated therewith, including but not limited to any Claims arising from Environmental Laws or relating to asbestos or to naturally occurring radioactive material. Environmental Claims shall not include the costs of any remediation undertaken voluntarily by any party, unless such remediation is performed under the imminent threat of a Claim by governmental bodies or other third parties; b. "Environmental Laws" shall mean any laws, regulations, rules, ordinances, or order of any governmental authority(ies), which relate to or otherwise impose liability, obligation, or standards with respect to pollution or the protection of the environment, including but not limited to, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (42 U.S.C. § 9601 et seq.), the Resource Conservation and Recovery Act of 1976 (42 U.S.C. §§ 6901 et seq.), the Clean Water Act (33 U.S.C. §§ 466 et seq.), the Safe Drinking Water Act (14 U.S.C. §§ 1401-1450), the Hazardous Material Transportation Act (49 U.S.C- §§ 1801 et seq.), the Clean Air Act, and the Toxic Substances Control Act (15 U.S.C. §§ 2601-2629); and c. "Environmental Indemnification." HSR shall fully protect, indemnity, and hold ` harmless Elms and any lot owner who purchases a lot from Elms from any Environmental Claims relating to the Property or oil and gas leasehold thereunder that arise out of its ownership and operation of the Oil and Gas Operations Area. Elms shall fully protect, indemnify and hold harmless HSR from any and all Environmental Claims relating to the Property that arise out of Elms' development of the Property. 6 14. EXCLUSION FROM INDEMNITIES. The indemnities of any party herein shall not cover or include any amounts for which the indemnified party may legally recoup from other third-party owners without judicial process. or that for which the indemnified party is reimbursed by any third party. The indemnities in this Agreement shall not relieve any party from any obligations to third parties. 15. NOTICE OF CLAIM FOR INDEMNIFICATION. If a Claim is asserted against a party for which another party would be liable under the provisions of Section 12 or 13 above, it is a condition precedent to the indemnifying party's obligations hereunder that the indemnified party give the indemnifying party written notice of such Claim setting forth all particulars of the Claim, as known by the indemnified party, including a copy of the Claim (if it was a written Claim). The indemnified party shall make a good faith effort to notify the indemnifying party within one month of receipt of a Claim and shall effect such notice in all events within such time as will allow the indemnifying party to defend against such Claim and no later than three calendar months after receipt of the Claim by the indemnified party. 16. REPRESENTATIONS The parties represent to one another that each one has the full right and authority to enter into this Agreement. HSR does not represent that it has rights to settle matters for the mineral owners in the Property. HSR only has rights as a mineral lessee and this Agreement only pertains to such rights as HSR may hold. 17. SUCCESSORS. The terms, covenants and conditions hereof shall be binding upon and shall inure to the benefit of the parties and their respective successors and assigns; provided, as to HSR. successors and assigns shall be deemed to be limited to lessees under the oil and gas leases which HSR owns. 18. TERM. This Agreement shall become effective when it is fully executed and shall remain in full force and effect until HSR's leasehold estate expires or is terminated, and HSR has plugged and abandoned all Wells and complied with the requirements of all applicable oil and gas leases pertaining to removal of equipment, reclamation, cleanup and all other applicable provisions of the leases and existing laws and regulations. When this Agreement ceases to be in full force and effect, the parties shall execute any and all releases necessary to evidence the fact that this Agreement shall no longer apply to the Property. 7 19. NOTICES. Any notice or other communication required or permitted under this Agreement shall he sufficient if deposited in U.S. Mail, postage prepaid, addressed to each of the following: If to HSR: HS Resources, Inc. 1999 Broadway, Suite 3600 Denver, Colorado 80202 Attention: Land Manager If to Elms: Elms Land Company, LLC 4250 W. 16th Street, #46 Greeley, Colorado 80634 Attention: Floyd Oliver, Manager Any party may, by written notice so delivered to the other parties, change the address or individual to which delivery shall thereafter be made. 20.RECORDING. This Agreement, any amendment hereto, and any release entered into pursuant to Section 18 above, shall be recorded by HSR, which shall provide the other parties with a copy showing the recording information as soon as practicable thereafter. 21. SURFACE DAMAGES. In consideration of the parties' rights and obligations, as outlined herein, this Agreement shall constitute the agreement for surface damages required pursuant to the COGCC's Rules and Regulations or under any oil and gas lease between the parties for the Existing Well and any Future Wells drilled by HSR. 22. ARBITRATION. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be resolved by arbitration administered by the American Arbitration Association under its commercial rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. r.�,..�M .. 8 23. APPLICABLE. LAW. This Agreement shall be governed by and construed in accordance with the E;iws of the State of Colorado. 24. ENTIRE AGREEMENT. This Agreement sets forth the entire understanding among the parties hereto regarding the matters addressed herein, and supersedes any previous communications, representations or agreement, whether oral or written. This Agreement shall not be amended, except in written form signed by all parties. The parties have executed this Agreement on the day and year first above written. HS RESOURCES,INC. By: v' /- J et W. Pasque, Attome -in-Fact y,C^ ELMS LAND COMPANY, LLC By: 7^'"7,x"/"ail " ✓ Floyd Olivir, Manager .,,,... ,,.�.�.,.,......., 9 STATE OF COLORADO ) CITY AND )ss. COUNTY OF DENVER ) The foregoing instrument was acknowledged before me this 13th day of July 1999. by Janet W. Pasque as Attorney-in-Fact for HS Resources, Inc., a Delaware corporation,on behalf of that corporation. WItntsystwAhRmiliffil6Miwal seal. NOTARY PUBLIC (SEAL) STATE Of COLORADO ee iv "i' My Commission Expires 3/10/2002 Nota Public MyCom C77 ion 3 �a00Z STATE OF COLORADO ) CITY AND ) ss. COUNTY OF DENVER ) The foregoing instrument was acknowledged before me this 13th day of July 1999, by Floyd Oliver as Manager for Elms Land Company, LLC, on behalf of the limited liability company. Witness my hand and official seal. (SEAL) Notary Public My Commission Expires: March 24,2000 .aax l0 b, OIL & GAS EXHIBIT EXHIBIT A NW 1/4 SEC4-7.2N.-R.68W. NORTHWEST CORNER PROPERTY DESCRIPTION - SECTION 4-T.W.—RB8W. OIL AND GAS OPERATIONS AREA FOUND a RERAN MN A ALUM. CAP STAMPED A parcel of land being a port of the Northwest Quarter (NW X'4) of Section Four (4). LS 17662 Township Two North (T.2N.), Range Sixty—Eight West (R.88W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado and being more particularly described as fellows: NORM LINE NWIL4, SECTION • BEGINNING at the Northwest Corner (NW Cor) of said Section 4 and assuming the West line of said NW i4 as nearing South 01'06'08 West with ill other bearings contained herein relative thereto: 17.50 8'THENCE South 01'06'0 West along sold West line a distance of 400.15 feet to the TRUE POINT OF BEGINNING: u' ` ACCESS THENCE North 89'31'04 East a distance of 350.13 feet: l EASEMENT THENCE South 01'08'08' West a distance of 450.17 feet; THENCE South 89'31'04 West a distance of 350.13 feet to a point on said West line; o THENCE North 01'06'08' East along said West line a distance of 450.17 feet to the Yr I ; TRUE PANT OF BEGINNING. I lI 1 Said described parcel of land contains 3,817 Acres, more or lets (t) and is subject to any rights—of—way or other easements as granted or reserved by Instruments of record or as N89'3130CE now existing on said described parcel of land. 350,13' u OIL AND GAS 3 tip . OPERATIONS m STIRVFYOR'S STATEMENT ENT - AREA a — A I, Charles B. Jones, o Colorado Registered Professional Land Surveyor. o Q In I, g' yor, do hereby state to: 5 < o v Meadow Vale Farms, Inc. _ in c/oFloyd Oliver 4250 W. 16th Street • Greeley, CO 50634 • that this Exhibit was prepared under my personal supervision, that the • monumentation as indicated hereon were found or set as shown, anti that the toregoing S89'31'04"W plot is an accurate representation thereof, all this to the best of my knowledge, information. belief. , 350.13' and in my professional opinion. I further state that UP • not extend to any unnamed parties or the successors and/or, E assigns of Meadow Vile F}tkea, ' U Z e - e — z• Charles B. Ja ea U ¢2 14? 3I3 Colorado Regis eg4.Ptofeseloncltec, I ci- ••e A I Land Surveyor y22 ANAL LANG • • Is. I Li' low vt / WEST OIIMTER CORNER ® / SECTION 4—T.2NORNEW. m.a. POLING A%LE WeTN ALUM. CAP STAMPEDJONES L6 22Dae 200 0 200 1 "=200' KING SURVEYORS, INC. • PROJECT NO: 97205 9299 EASTMAN PARK DRIVE DATE: 7/1/99 WINDSOR, CO. 80550 PHONE: (970) 686-5011 CLIENT: MEADOW VALE INC. FLOYD OLIVER 2385 HOMESTEAD PL. LONGMONT, CO 80504 aUv_ Z7 Zoo / , Mc"' Weld County Planning Dept. YC4 PAN,cls M , ka_ D,vccfloY 67ed C Z8 ?CDl 1 O vNT/ C+9N W.r✓G RECEIVED DER61 MpN,eq Y=_SE2Ds1-r ) 71-1h,ou6Ar7- YO W th9 D 170404 So ,NTo nazi POCKET" .4 -vfl w,1`k EW YOOta Lt en or Aft 3, taco SPrreaea 261 uto '-' s aT T'NL- Etms IC/ I_..tic 7 Li Lo r� No 2- 1, Nc 77 om 3 rzo7-� ' )QC 1 261 Ta7AL ©v2 OPy c sf'R-C E 15 3 3 /o lnA Fr, e 57m, try /4,4• .. 2000 /loon£ss 2y . 1 us` 73 FVLL T3U / L_D -oor 6r -"Me G cleft.) & Do a GF. "rr 1 Qp cozen Lick ? REFERRAL LIST NAME: Floyd Oliver, Elms at Meadow Vale 3r° Filing CASE NUMBER: S-579 REFERRALS SENT: September 22,2000 REFERRALS TO BE RECEIVED BY: October 13,2000 COUNTY TOWNS and CITIES _X Attorney Ault _X Health Department _Brighton Extension Service Broomfield Emergency Management Office Dacono _X Sheriff's Office Eaton _X Public Works Erie Housing Authority Evans Airport Authority Firestone _X Building Inspection Fort Lupton _X Code Enforcement Frederick STATE Garden City Division of Water Resources Gilcrest Geological Survey _Greeley Department of Health Grover Department of Transportation Hudson Historical Society Johnstown Water Conservation Board Keenesburg _Oil and Gas Conservation Commission Kersey Division of Wildlife: LaSalle _X Loveland Lochbuie _Greeley _X Longmont Division of Minerals/Geology _X Mead FIRE DISTRICTS Milliken Ault F-1 New Raymer Berthoud F-2 Northglenn Briggsdale F-24 Nunn Brighton F-3 Pierce Eaton F-4 Platteville Fort Lupton F-5 Severance Galeton F-6 Thornton Hudson F-7 Windsor Johnstown F-8 La Salle F-9 _X Mountain View F-10 COUNTIES Milliken F-11 Adams Nunn F-12 _X Boulder Pawnee F-22 Larimer Platteville F-13 Platte Valley F-14 FEDERAL GOVERNMENT AGENCIES Poudre Valley F-15 US Army Corps of Engineers Raymer F-2 _USDA-APHIS Veterinary Service Southeast Weld F-16 Federal Aviation Administration Windsor/Severance F-17 Federal Communication Commission Wiggins F-18 Union Colony F-20 SOIL CONSERVATION DISTRICTS Brighton OTHER Fort Collins X_School District RE-1J Greeley _X Panhandle Eastern Pipeline Longmont _X_Long's Peak Water Dist West Adams COMMISSION/BOARD MEMBER r PAN res Weld County Referral CSeptember 22, 2000 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Floyd Oliver, Elms at Case Number S-579 Meadow Vale 3r° Filing Please Reply By October 13, 2000 Planner Kim Ogle Project Planned Unit Development Final Plat for 108 Lots Legal NW4 of Section 4, T2N, R68W of the 6th P.M., Weld County, Colorado. Location East of and adjacent to WCR 5.5; south of and adjacent to WCR 26 Parcel Number 1313 04 000053 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Weld County Planning Commission Hearing (if applicable) n/a U We have reviewed the request and find that it does/does not comply with our Comprehensive Plan U We have reviewed the request and find no conflicts with our interests. U See attached letter. Comments: Signature Date Agency +Weld County Planning Dept. 01555 N. 17th Ave.Greeley,CO.80631 +(970)353-6100 ext.3540 ++(970)304-6498 fax 10/11/2000 03: 40 9705350831 TOWN OF MEAD PAGE 13 4 co EtENED eld County Referral iw�• etn«o0.tie September 22, 2000 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Floyd Oliver, Elms at Case Number S-579 Meadow Vale 36' Filing Please Reply By October 13, 2000 Planner Kim Ogle Project Planned Unit Development Final Plat for 108 Lots Legal WW4 of Section 4, T2N, R68W of the 6th P.M., Weld County, Colorado. Location East of and adjacent to WCR 5.5; south of and adjacent to WCR 26 Parcel Number 1313 04 000053 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Weld County Planning Commission Hearing(if applicable) n/a U We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ® We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. Comments: a i2ef d /It/...0 .1 ./ir/+r/.t-'' a.[v/Tirol S�.-e ere / at.� .•r( 1 K.p'- eSl'�.C L/��_L•�1 _ �d U�/// c��a2! /'J4 ,., , ,. `J/ r Ap OsNc O/ere 0 ?4B/;t,4-.8.04 4 en s.-e-Ar e it-e12.4..V.se.ci%s4 Signature d .� .,0 Date lam/ Agency *Wald County Planning Dept. +1555 N. 17th Ave. Greeley,CO. 60631 4(970)353.6100 ext.3540 4(970)304-6498 fax Memorandum TO: Kim Ogle, W.C. Planning 9 DATE: October 17, 2000 WI p O FROM: Pam Smith, W.C. Department of Public COLORADO Health and Environment CASE NO.: S-579 NAME: Floyd Oliver/Elms at Meadow Vale 3r° Filing The Weld County Health Department has reviewed this proposal. Our staff have also observed the proposed site. The application has satisfactorily addressed water and sewer service. Water will be provided by the Left Hand Water District and sewer will be provided by the St. Vrain Sanitation District. The application materials also adequately address the potential environmental impacts as described in Section 6.3.1.2.1 of the PUD Ordinance. A review of the conditions on the Plat find that condition 5(j) is worded wrong (see attached). The wording should read as 4 and 4(a) below. The Department recommends approval with the following conditions: 1) The applicant shall obtain water and sewer service from the Left Hand Water District and the St. Vrain Sanitation District. 2) The applicant shall obtain a storm water discharge permit from the Water Quality Control Division of the Colorado Department of Public Health and the Environment, if required. Silt fences shall be maintained on the down gradient portion of the site during all parts of the construction phase of the project. 3) During-development of the site, all land disturbance shall be conducted so that nuisance conditions are not created. If dust emissions create nuisance conditions, at the request of the Weld County Health Department, a fugitive dust control plan must be submitted. 4) In accordance with the Regulations of the Colorado Air Quality Control Commission any development that disturbs more than 5 acres of land must incorporate all available and practical methods which are technologically feasible and economically reasonable in order to minimize dust emissions. a) If land development creates more than a 25 acre contiguous disturbance, or exceeds 6 months induration, the responsible party shall prepare a fugitive dust control plan, submit an air pollution emissions notice, and apply for a permit from the Colorado Department of Public Health and Environment. w/eld Count" Planning[?ink. D^ M:\PAM\Planning\FinalPlan\s-579 wpa i - �u t to t V tiLso MOUNTAIN VIEW FIRE PROTECTION DISTRICT R tt� Administrative Office: 9119 County Line Road•Longmont, CO 80501 E (303) 772-0710 Metro (303) 666-4404 FAX (303) 651-7702 NEW October 13, 2000 Mr. Kim Ogle Weld County Planning Department 1555 North 17th Avenue Greeley,-CO 80631 Dear Mr. Ogle: I have reviewed the submitted material and pertaining to the final plat for the Elms at Meadow Vale 3d Filing, located east of Weld County Road 5.5 and south of Weld County Road 26 (Case Number: S-579). The final plat is approved based on the following comments and stipulations: • Construction plans for the utilities showing the location of fire hydrants, the size of water mains and available fire flows must be submitted to the Fire District for review and approval prior to construction of the streets. Fire hydrants shall be spaced along fire apparatus access roads so that spacing between hydrants does not exceed 500 feet and a hydrant is located within 250 feet of the front property line of all lots. The installation fire hydrants, water mains and access roads is required to parallel construction. • As soon as the final plat is approved, the applicant must provide to the Fire District an eight and one half by eleven inch map of the subdivision showing the street configuration, street names,hydrant locations and addresses of the lots. Nothing in this review is intended to authorize or approve of any aspect of this project that does not comply with all applicable codes and standards. We appreciate being involved in the planning process: Should you have any questions, please contact me at(303) 772-0710. Sincerely, )-AaQ LuAnn Penfold Fire Marshal LMP/lp cc: Floyd Oliver, 2385 Homestead Place, Longmont, CO 80504 project file file M10.21.00 Station 1 Station 2 Station 3 Station 4 Station 5 Station 6 Station 7 9119 Cnty Line Rd 10971 WCR 13 P.O.Box 575 P.O.Box 11 10911 Dobbin Run P.O.Box 686 P.O.Box 40 Longmont.CO Longmont,CO 299 Palmer Ave. 8500 Niwd Road Lafayette,CO 600 Briggs 100 So.Forest St. 80501 80504 Mead,CO 80542 Niwot,CO 80544 80026 Erie,CO 80516 Dacono.CO 80514 (i)ctrt;i„,) Weld County Referral September 22, 2000 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Floyd Oliver, Elms at Case Number S-579 Meadow Vale 3`d Filing Please Reply By October 13, 2000 Planner Kim Ogle Project Planned Unit Development Final Plat for 108 Lots Legal NW4 of Section 4, T2N, R68W of the 6th P.M., Weld County, Colorado. Location East of and adjacent to WCR 5.5; south of and adjacent to WCR 26 Parcel Number 1313 04 000053 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Weld County Planning Commission Hearing (if applicable) n/a U We have reviewed the request and find that it does/does not comply with our Comprehensive Plan U We have reviewed the request and find no conflicts with our interests. U See attached letter. Comments: Z (t Mkt a- l tlQti nq V 1(in..II on on S (V-C- CtOCCD,g Cx v rL� IJnrn .u'n d Cum yard C fi 14-, omth ci VPYI.i c u j - , I/Oatrd , C.c-nen alc., prnd Not' flti . Signature - n Date eliaPVID Agency Z �n1 1 anef +Weld County Planning Dept. +1555 N. 17th Ave.Greeley,CO. 80631 +(970)353-6100 ext.3540 +(970)304-6498 fax `.7o!d County Planning Dept. rat Le- :%) MEMORANDUM OCT 9 2000 TO: Kim Ogle, Planner II DATEllEc rh7 Wog, D FROM: Diane Houghtaling, P.E., Traffic Engineer VIA\r"- SUBJECT: S-579: Elms at Meadow Vale Third Filing PUD COLORADO The Weld County Public Works Department has reviewed this PUD Final Plan request. COMMENTS: Internal Roadways: According to the Uniform Fire Code, a fire access must be a minimum of 20 feet wide. No parking is allowed in a fire access. Pearl Howlett does not meet this criteria. It will be necessary to widen each side of this roadway to allow for fire access. In areas where the curb has already been constructed, "No Parking - Fire Lane" signs must be posted. The intersection of Pearl Howlett and Elmer Linn has an island. Traffic control at this intersection will be difficult. The developer should consider removing the island or creating a round-about. The right-of-way for internal roadways must be dedicated to the County. Stop signs and street name signs will be required at all intersections. The profile of several roadways are not acceptable. Grade breaks over one percent will require a vertical curve. The minimum k-valve in subdivisions is 20. Intersections require a continuation of the two-percent cross slope for a minimum of 20 feet past the right-of-way line. The engineer should meet with the Public Works Department to discuss the required revisions. Improvements Agreement: See memo by Donald Carroll. RECOMMENDATION: Approval DEVELOPMENT CONDITIONS (If Approved): ❑ The profiles for the roadways shall be adjusted. The pavement shall be widened on Pearl Howlett. The island at Pearl Howlett/Elmer Linn shall be removed. ❑ The required right-of-way for internal and external roadways shall be dedicated to the County. ❑ A stop sign and street name sign shall be placed at the intersection. ❑ Landscaping within the intersection sight distance triangle shall be less than 3.5 feet at maturity. If you have any questions, please call. pc: S-579 M:\W PFI LES\diane\DEVELOPMENT\s-579.wpd September 28, 2000 Ms. Kim Ogle Weld County Planning Services 1555 N. 17th Avenue Greeley, CO. 80631 Re: S-579 Planned Unit Development Final Plat for 108 Lots Dear Planners: All streets be well lit. A street light be placed at all crossroad signs to help emergency responding units locate an address in case of an emergency. That all addresses be located to where they can be seen from the roadway. If the house is located back off the roadway that an address be posted on a fence visible from the road.. The mailboxes be located in one centralized location, i.e. a cluster. This will alleviate possible vandalism to single mailboxes placed along side the roadway. A school bus site be put into the plans. With the layout of this proposal it is essential a school bus drop-off and pick-up be installed to mitigate resident issues and provide for improved safety. Needs to be a plan made for a community center. With the size of this project, there will be a need to meet and discuss future concerns from the residents. Open space is aesthetically pleasing. However, fencing or some other barriers are necessary to separate from proposed and existing water ponds and ditches to mitigate the threat of drowning for small children living in the area. Existing oil tanks sites area also located close to the development. Fencing needs to surround them to alleviate the potential of vandalism. Lighting needs to be in both areas to help stop potential problems that could possible occur near both areas. . - General mitigation features need to include, but are not limited to, lot design or block layout that reduce the availability of crime targets, elimination of barriers that prevent easy detection of potential offenders or an offense in progress, and placement of physical obstacles to committing a crime. It is important neighborhood space and traffic patterns be designed to reduce routine exposure of potential offenders to crime targets. Please contact me if you have questions. Sincerely, &04-3 Les Cogswell Beat 2 Supervisor cc: Sheriff Jordan Beat 2 Weld County Planning Services Oct 10 00 12: 36p Division of Wildlife 3O3-776-6663 p, 2 Weld County Referral C. September 22, 2000 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Floyd Oliver, Elms at Case Number S-579 Meadow Vale 3rd Filing Please Reply By October 13, 2000 Planner Kim Ogle Project Planned Unit Development Final Plat for 108 Lots 1 Legal NW4 of Section 4, T2N, R68W of the 6th P.M., Weld County, Colorado. Location East of and adjacent to WCR 5.5; south of and adjacent to WCR 26 Parcel Number 1313 04 000053 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Weld County Planning Commission Hearing (if applicable) n/a ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. Comments: • Signature �'1��l � Date io e..9nV 614.24247 Agency C.4off (c-79rE�� +Weld County Planning Dept. +1555 N.17th Ave.Greeley.CO.80631 +(970)353-6100 ext.3540 +(970)304-6498 fax OCT. 12.2000 10.17RM ^ N0.269a0�V _ tt Weld County Referral PLANNING DIVISION Win C• SEP Z 6 2000 September 22, 2000 COLORADO hcLtIVED The Weld County Department of Planning Services has received the following item for review: Applicant Floyd Oliver, Elms at Case Number 5^579 Meadow Vale 3rd Filing Please Reply By cpctplzer 13, 2OOO Planner N, KIM Ogle Project Planned Unit Development Final Plat for 108 Lots Legal NW4 of Section 4, T2N, R68W of the 6th P.M., Weld County, Colorado. Location East of and adjacent to WCR 5.6; south of and adjacent to WCR 26 Parcel Number 1313 04 000053 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be • deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request, Weld County Planning Commission Hearing (if applicable) n/a ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ❑ We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. Comments: • Ap COvraa✓t Q...4• • Signature /7441.4.-e Date /O/42/* Agency La/trtlard— 1/ `�4.11"I bit-scar 7 *Weld County Planning Dept. +1565 N. 17th Ave.Greeley,CO,80631 4(970)353-8100 ext.3540 4(970)304-8498 fax 17eld County Planning Dept. MEMORANDUM SEP 25 2000 TO: Kim Ogle, Planner II DATE: Sat erH WEE D CFROM: Donald Carroll, Engineering Administrator SUBJECT: S-579; Floyd Oliver, Elms at Meadow Vale, 3r° Filing COLORADO There are two Exhibits designated"A"associated with the Improvements Agreement According Policies Regarding Collateral for Improvements (Public Road Maintenance). The off-site improvements involve paving and widening of WCR 5.5 and WCR 26 adjacent to the Elms at Meadow Vale, 3r° Filing and the internal road system for the 3'° Filing. I have reviewed both of the Exhibits for quantities and unit price. There appears to be adequate quantity and costs to complete both projects. I have no conflict with any portion of the transportation items identified in both exhibits. Planning Services shall verify non-transportation items prior to accepting collateral. pc: S-579 Floyd Oliver plan2s.wpd 5. The Final Plat is conditional upon the following and that each be placed on the Final Plat as notes prior recording. The PUD allows for uses which shall a. fie PUD (First Filing) shall consist of seventy—four (74) residential lots, an elementary y school site, and common open space. the homeowners comply with the requirements omnp as shall be owned and maintained by et forth in Section 35 of the Weld thin Ordinance.o The common open space association, in accordance with Section 6.3.5 of the Planned Unit Development Ordinance. b. Water service shall be provided by the Left Hand Water District and sewage disposal shall be from St. Vrain Sanitation District. c. Installation of utilities shall comply with Section 12 of the Weld County Subdivision Ordinance. d. Any signage, including entrance signs, entrance walls and identification walls, located on the property shall require building permits and shall adhere to Section 42.2 of the Weld County Zoning Ordinance and Section 2.8 of the Weld County Mixed Use Development Ordinance. e. Outdoor storage shall be screened from public rights of ways, and adjacent properties. f. The applicant shall be required to construct one half of the typical cross section of WCR 5.5 Standards and all requirements of the Department of Public Works. Appropriate in accordance with figure 2.10 of the Mixed Use Development Plan, the Development acceleration/deceleration lanes shall be required for both subdivision road intersections (Pearl Howlett Road and Elmer Linn Drive) with WCR 5.5 y. All local roadways within the subdivision shall meet the requirements of the MUD local residential standard. (Section 2.7 of the Mixed Use Development Ordinance) conditions are not created. If dust emissions create nuisance conditions, at the request h. During development of the site, all land disturbance shall be conducted so that nuisance of the Weld County Department of Public Health & Environment, a fugitive dust control plan must be submitted. licant shall obtain a storm water discharge permit from the I. In the event that five (5) or more acres are disturbed during the construction and development of this site, the app Water Quality Control Division of the Colorado Department of Public Health an Environment. j, n accordance with the Regulations of the Colorado Air Oacrity anti rol C disturbance, or w development that disturbs more that a twentyo five (25) I for a permit from the Colorado exceeds six (6) months in duration. the responsible party shall prepare a fugitive dust control plan, submit an air pollution emissions notice, and apply Department of Public Health and Environment. k. The site shall maintain compliance with the Mountain View Fire Protection District at all times. I. The speific location eandf the applicanthhas agreedsor mineral rigts on the thatnoswai waivers will the gbe thatsigned of oil dto ite allows drilling of wells in any other location. m. The applicant shall provide isN0 PARKING" signs where any road width is only 20 feet s of Public remHealeh s Environment,eWeland n. The site shall maintain compliance at all times with the requirements of the Weld County Public Works Department, Weld County Department the Weld County Department of Planning Services. o. The applicant shall comply with Section 8.8, 8.9, and 8.10 of the Weld County Planned Unit Development Ordinance, as follows: ar of the date of the approval of the PUD 8.8 Failure to Record a Planned Unit Development Final Plan — If a Final Plan plathas F been recorded within one (1) ye Final Plan, Plan, or within a date specified by the Board of County Commissioners, the Board may require the landowner to appear before it and present evidence substantiating that the PUD Final Plan has not be en abandoned andet that the that applicant possesses the date for recording the plat. conditions supporting the original rigialov the PUD Final approval the PUD Final Plan cannot be met, the Board may, after a public hearing, .- r „manta a Planned Unit Development..,sn AMP Plan i year of the date ofthe 7. Memorandum TO: Kim Ogle, W.C. Planning g DATE: October 17, 2000 O . FROM: Pam Smith, W.C. Department of Public i COLORADO Health and Environment (6- CASE NO.: S-579 NAME: Floyd Oliver/Elms at Meadow Vale 3rd Filing The Weld County Health Department has reviewed this proposal. Our staff have also observed the proposed site. The application has satisfactorily addressed water and sewer service. Water will be provided by the Left Hand Water District and sewer will be provided by the St. Vrain Sanitation District. The application materials also adequately address the potential environmental impacts as described in Section 6.3.1.2.1 of the PUD Ordinance. A review of the conditions on the Plat find that condition 5(j) is worded wrong (see attached). The wording should read as 4 and 4(a) below. The Department recommends approval with the following conditions: 1) The applicant shall obtain water and sewer service from the Left Hand Water District and the St. Vrain Sanitation District. 2) The applicant shall obtain a storm water discharge permit from the Water Quality Control Division of the Colorado Department of Public Health and the Environment, if required. Silt fences shall be maintained on the down gradient portion of the site during all parts of the construction phase of the project. 3) During development of the site, all land disturbance shall be conducted so that nuisance conditions are not created. If dust emissions create nuisance conditions, at the request of the Weld County Health Department, a fugitive dust control plan must be submitted. 4) In accordance with the Regulations of the Colorado Air Quality Control Commission any development that disturbs more than 5 acres of land must incorporate all available and practical methods which are technologically feasible and economically reasonable in order to minimize dust emissions. a) If land development creates more than a 25 acre contiguous disturbance, or exceeds 6 months induration, the responsible party shall prepare a fugitive dust control plan, submit an air pollution emissions notice, and apply for a permit from the Colorado Department of Public Health and Environment. Weld County Planning Den[. M:\PAM\Planning\Finalplan\s-S79wpd 17 ; RECtd 'FED a A-ft stp aeon Weld County Referral C. V �0 September 22, 2000 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Floyd Oliver, Elms at Case Number S-579 Meadow Vale 3r° Filing Please Reply By October 13, 2000 Planner Kim Ogle Project Planned Unit Development Final Plat for 108 Lots _ Legal NW4 of Section 4, T2N, R68W of the 6th P.M., Weld County, Colorado. Location East of and adjacent to WCR 5.5; south of and adjacent to WCR 26 Parcel Number 1313 04 000053 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Weld-County Planning Commission Hearing (if applicable) n/a D We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ❑I -have reviewed the request and find no conflicts with our interests. CJ See attached letter. Comments: Signature ��Th_c. Date \0 - �3 - UCHAgency /b� Vie :sQ C +Weld County Planning Dept. 41555 N. 17th Ave. Greeley, CO. 80631 9(970)353-6100 ext.3540 4(970)304-6498 fax Kim Ogle - s-579.wpd � ^ Page 1 a 3/4..."•:;\\ COLORADO Memorandum TO: Kim Ogle,W.C. Planning DATE: October 17, 2000 FROM: Pam Smith,W.C. Department of Public Health and Environment CASE NO.: S-579 NAME: Floyd Oliver/Elms at Meadow Vale 3" Filing The Weld County Health Department has reviewed this proposal. Our staff have also observed the proposed site. The application has satisfactorily addressed water and sewer service. Water will be provided by the Left Hand Water District and sewer will be provided by the St.Vrain Sanitation District. The application materials also adequately address the potential environmental impacts as described in Section 6.3.1.2.1 of the PUD Ordinance. A review of the conditions on the Plat find that condition 5(j) is worded wrong (see attached). The wording should read as 4 and 4(a) below. The Department recommends approval with the following conditions: 1) The applicant shall obtain water and sewer service from the Left Hand Water District and the St.Vrain Sanitation District. 2) The applicant shall obtain a storm water discharge permit from the Water Quality Control Division of the Colorado Department of Public Health and the Environment, if required. Silt fences shall be maintained on the down gradient portion of the site during all parts of the construction phase of the project. 3) During development of the site, all land disturbance shall be conducted so that nuisance conditions are not created. If dust emissions create nuisance conditions, at the request of the Weld County Health Department, a fugitive dust control plan must be submitted. 4) In accordance with the Regulations of the Colorado Air Quality Control Commission any development that disturbs more than 5 acres of land must incorporate all available and practical methods which are technologically feasible and economically reasonable in order to minimize dust emissions. Kim Ogle- s-579.wpd faN, i"ks Page 2 a) If land development creates more than a 25 acre contiguous disturbance, or exceeds 6 months induration, the responsible party shall prepare a fugitive dust control plan, submit an air pollution emissions notice, and apply for a permit from the Colorado Department of Public Health and Environment. M:PAM\Planning\FlnalPlanw-5]9 wpd a Weld County Referral C S #,u bouer 22, 2000 nty Planning Dem. • COLORADO 3 20U0 The Weld County Department of Planning Services has received the following item for v' Applicant Floyd Oliver, Elms at Case Number S-579 Meadow Vale 3rd Filing Please Reply By October 13, 2000 Planner Kim Ogle Project Planned Unit Development Final Plat for 108 Lots Legal NW4 of Section 4, T2N, R68W of the 6th P.M., Weld County, Colorado. Location East of and adjacent to WCR 5.5; south of and adjacent to WCR 26 Parcel Number 1313 04 000053 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Weld County Planning Commission Hearing (if applicable) n/a U We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ❑ We have reviewed the request and find no conflicts with our interests. Er See attached letter. Comments: Signature I. �; Nii 4 �y� Date 09-9,?-06 Agency () eaJ (Oval MM is �i-��e? +Weld County Planning Dept. +1555 N. 17th Ave. Greeley,CO.80631 +(970)353-6100 ext.3540 4(970)304-6498 fax r„ • TABLE OF CONTENTS ELMS AT MEADOW VALE THIRD FILING PLANNED UNIT DEVELOPMENT FINAL PLAN APPLICATION Item I Planned Unit Development Final Plan Application Item 2 Information letter provided by Glen Droegemueller, Attorney Item 3 Commitment of Title Insurance Item 4 Letter from St. Vrain School District Item 5 Lienholder's Consent and Approval Letter Item 6 Weld County Certificate of Taxes Due Item 7 Certificate from KBN Engineers regarding Design of Utilities. Item 8 Second Supplement to Declaration of Covenants, Conditions, and Restrictions _ Item 9 Improvements Agreement Item 10 Offsite Improvements Agreement Item 11 List of names, addresses and parcel identification numbers of owners within 500 feet of the Elms. ^ Item 12 Affidavit of Interest Owners: Mineral and Subsurface Estate Item 13 Utility Providers Letters of Acceptance for the Elms at Meadow Vale Third Filing Exhibits Submitted But Not Attached (1) Final Plan Plat Map (2) Landscape Map Oa. r r. *ouNTk/N MOUNTAIN VIEW FIRE PROTECTION DISTRICT a Administrative Office: 9119 County Line Road• Longmont, CO 80501 (303) 772-0710• FAX (303) 651-7702 (10 vieN 0O .Y p/ • July 9,2001 dCD44 `✓� %Li("��'Oe�pt, cF Mr. Kim Ogle fr Weld County Planning Dept. Fa 1555 N. 17th Avenue Greeley, CO 80631 Dear Mr. Ogle: I have reviewed the submitted material pertaining to the 3rd filing of the Elms at Meadow Vale located east of and adjacent to Weld County Road 5.5 and south of Weld County Road 26. At this time the Fire District does not object to the proposed subdivision and subsequent development in accordance with the plans submitted. Based on my review I have the following comments: • The placement of the fire hydrants appears to be satisfactory at this time. • Street intersections must be marked with signs showing the street name and address range when building construction begins. If non-standard street signs are used, the Fire District respectfully requests to comment with regard to sign visibility. • All single-family residences within the subdivision shall have a legible address that is clearly visible from the street fronting the property. The address numbers shall contrast with their background. The developer needs to be made aware that all access roads must be approved and maintained when building construction begins. As soon as the final plat is approved, the applicant must provide to the Fire District an eight and one half by eleven map of the subdivision showing the street configuration,street names, hydrant locations and addresses of the lots if available. The district appreciates being involved in the planning process and looks forward to continued involvement in the future. If you have any questions please call me at(303) 772-0710. Sincerely, c Lon D. Miller Fire Prevention Officer LDM/Im Cc: project file file 1m06.03.01 Station 1 Station 2 Station 3 Station 4 Station 5 Station 6 Station 7 9119 Cnty Line Rd. 10971 WCR 13 P.O.Box 575 P.O.Box 11 10911 Dobbin Run P.O.Box 666 P.O.Box 40 Longmont,CO Longmont,CO 299 Palmer Ave. 8500 Niwot Road Lafayene,CO 600 Bnggs 100 So.Forest St. 80501 80504 Mead,CO 80542 Niwot,CO 80544 80026 Erie,CO 80516 Dacono,CO 80514 ouNTgy4, MOUNTAIN VIEW FIRE PROTECTION DISTRICT a Administrative Office: ( � s i 9119 County Line Road• Longmont, CO 80501 e � (303) 772-0710• FAX (303) 651-7702 VIEW weld0 ' June 18, 2001 Ognt ✓✓N tip laoQig6,n Mr. Floyd Oliver 2 2385 Homestead Place t 1007 Longmont, CO 80504 CE/la ii Dear Mr. Oliver: to I have reviewed the submitted material pertaining to the 3rd filing of the Elms at Meadow Vale located east of and adjacent to Weld County Road 5.5 and south of Weld County Road 26. Based on my review I have the following comments: • The placement of the fire hydrants appears to be satisfactory at this time with the exception of two locations. First, a hydrant is needed in Block 8, on Lot 5, which would be on the east corner of Center Drive and Pear Howlett Road. Second, the hydrant located in block 23 between lots 2 and 3 needs to be moved to the south west between lots 1 and 2 in that same block,thus ensuring that the front of all property lines are within 250 feet. • Street intersections must be marked with signs showing the street name and address range when building construction begins. If non-standard street signs are used, the Fire District respectfully requests to comment with regard to sign visibility. • All single-family residences within the subdivision shall have a legible address that is clearly visible from the street fronting the property. The address numbers shall contrast with their background. The developer needs to be made aware that all access roads must be approved and maintained when building construction begins. As soon as the final plat is approved,the applicant must provide to the Fire District an eight and one half by eleven map of the subdivision showing the street configuration, street names, hydrant locations and addresses of the lots if available. The district appreciates being involved in the planning process and looks forward to continued involvement in the future. If you have any questions please call me at(303) 772-0710. Sincerely, Lon D. Miller Fire Prevention Officer LDM/lm Cc4Mr. Kim Ogle, Weld County Planning Dept, 1555 N. 17h Avenue,Greeley, CO 80631 project file file Im06.03.01 Station 1 Station 2 Station 3 Station 4 Station 5 Station 8 Station 7 9119 Cray Line Rd. 10971 WCR 13 P.O.Box 575 P.O.Box 11 10911 Dobbin Run P.O.Box 668 P.O.Box 40 Longmont,CO Longmont,CO 299 Palmer Ave. 8500 Niwot Road Lafayette,CO 600 Briggs 100 So.Forest St. 80501 80504 Mead,CO 80542 Niwot.CO 80544 80026 Erie.CO 80516 Dacono.CO 80514 'a rm" MOUNTAIN VIEW FIRE PROI _eTION DISTRICT • Administrative Office:a 9119 County Line Road•Longmont, CO 80501 t (303) 772-0710 Metro (303) 666-4404 FAX (303)651-7702 V4W October 13, 2000 Mr. Kim Ogle Weld County Planning Department 1555 North 17'h Avenue Greeley, CO 80631 Dear Mr. Ogle: I have reviewed the submitted material and pertaining to the final plat for the Elms at Meadow Vale 3td Filing, located east of Weld County Road 5.5 and south of Weld County Road 26 (Case Number: S-579). The final plat is approved based on the following comments and stipulations: • Construction plans for the utilities showing the location of fire hydrants, the size of water mains and available fire flows must be submitted to the Fire District for review and approval prior to construction of the streets. Fire hydrants shall be spaced along fire apparatus access roads so that spacing between hydrants does not exceed 500 feet and a hydrant is located within 250 feet of the front property line of all lots. The installation fire hydrants, water mains and access roads is required to parallel construction. • As soon as the final plat is approved, the applicant must provide to the Fire District an eight and one half by eleven inch map of the subdivision showing the street configuration, street names,hydrant locations and addresses of the lots. Nothing in this review is intended to authorize or approve of any aspect of this project that does not comply with all applicable codes and standards. We appreciate being involved in the planning process. Should you have any questions,please contact me at(303) 772-0710. Sincerely, cY,__cm- L 2*,Q CA LuAnn Penfold Fire Marshal LMP/lp cc: Floyd Oliver, 2385 Homestead Place, Longmont, CO 80504 project file file 1910.21.00 Station 1 Station 2 Station 3 Station 4 Station 5 Station 8 Station 7 9119 Cnty Line Rd. 10971 WCR 13 P.O.Box 575 P.O.Box 11 10911 Down Run P.O.Box 866 P.O.Box 40 Longmont.CO Longmont,CO 299 Palmer Ave. 8500 Niwot Road Lafayette,CO 800 Briggs 100 So.Forest St. 80501 80504 Mead,CO 80542 Niwol,CO 80544 80026 Erie,CO 80516 Dacono,CO 80514 St. Vrain Valley Scho 1 District RE-1J 'Fe'd C00395 tSouth Pratt Parkway • Longmont • CO • 80501-6499 Unning3geS76-6200/449-4978 • FAX 303-682-7343 October 3, 2000 OCT 10 2000 Kim Ogle Weld County Department of PlanningServices CE 6 1400 N. 17th Ave. fl 0 Greeley, Co 80631 RE: Elms at Meadow Vale, Third Filing, Final Plat(Part of the NW4, Sec. 4, T2N, R68W) Dear Kim: Thank you for referring the Elms at Meadow Vale, Third Filing to the School District. The projected student impact upon the St. Vrain Valley School District of what appears to be the possibilty of 108 new single family units on 58.779 acres is a total of 71 students. Any students living in this subdivision would attend Mead Elementary School, Mead Middle, and Skyline High School under the present school boundaries. However, due to potential growth in these schools this development and other existing developments in this feeder could be placed in another attendance area in the future. Bus transportation would likely be required. This Proposed Development Cumulative impact of this Development ,Plus all Final Development Plans 1995-00 Building 2000 Student Projected Over Proj. Stdnts Total Cum. Seats Available Capacity Enrollment Impact Enrollment Capacity 95-00 plans ` Enrollment W/Cum. Impact Elementary 504 702 38 740 Yes 1184 1924 -1420 Middle 342 402 15 417 Yes 571 988 -646 Senior 1323 1374 18 1392 Yes 704 2096 -773 71 2459 -2839 The District is on record as not opposing growth so long as the growth is planned and is manageable from a student enrollment standpoint. This development would impact all levels of schools in the current attendance area. While there are new schools planned in this area which should reduce overcrowding, there are other approved developments which would,together with this proposal, have a significant cumulative impact on these schools. As the volume of developments increases in this attendance area with no alleviation of the existing overcrowded conditions, the ability to provide the same quality education for these new students that is provided students in other areas becomes increasingly difficult. Typically the District would oppose development that would overcrowd the schools however this developer has signed an agreement to pay a cash-in-lieu of land fee to address the scnool site needs for this area. This payment is required prior to the issuance of a building permit for each individual lot. The District will issue a receipt as each lot is paid for that will serve as proof of satisfaction of this requirement. The District appreciates the cooperation of the developer and County in the process. Please let me know if you have any further questions. Sincerely, r S ott Toillion, AICP Planning Specialist "Excellence - Our Only Option" Exhibit A School Planning ELMS at MEADOW VALE Standards And 3RD FILING Calculation of In Lieu Fees Si gle Family T School Planning Standards Number Projected Student Site Size Acres of Developed Of Student I Facility i Standard Land 1_ Land Cash-in-lieu Units Yield _ Standard Acres Contribution I Value Contribution Elementary 108 0.35 525 k 10 ', 0.72 $25,100 37.8 Middle Level 108 0.14 750 1 25 0.50 $25,100 15.12 High School 108 t 0.17 1200_ -- 40 0.61 $25,100 - 18.36 — ) Total - 71 .28 I 1 .84 $25,100 $46,084 Single Family Student Yield is .66 d - - - $427 1 Per Unit 10/5/00 Kim Ogle - -ElmS at'Meadow Vale, Filing Page l' From: Diane M. Houghtaling To: Kim Ogle Date: 1/19/01 12:41 PM Subject: Elms at Meadow Vale, Filing 3 Earlier this month, I wrote a letter to Mike Ketterling requesting the roadway plans for filing 3. He has responded that he has not yet begun the plans. Please do not forward the final plat to any hearing until we have received the roadway plans. Kim Ogle Elms at Meadow Vale Page—11 From: Diane M. Houghtaling To: Kim Ogle Date: 2/14/01 9:18AM Subject: Elms at Meadow Vale I have received the revised traffic study. It is acceptable. is this project required to participate in the signal at SH 119? Kim Ogle Re: elms at meadow vale 3rc "`ig new proposed language Page 11 From: Diane M. Houghtaling To: Kim Ogle Date: 11/20/00 7:14AM Subject: Re: elms at meadow vale 3rd filing, new proposed language 1.k. The applicant shall provide two sets of construction drawings for all internal and external roads for review and approval by the Weld County Department of Public Works per Section 7.2.9.2 of the Subdivision Ordinance. Evidence of approval shall be submitted to the Department of Planning Services. The engineer should meet with the Public Works departments to discuss design criteria. Deleted the"her". The applicant should be aware that quantities may change in the off-site improvements agreement. We will not require a new bond if the total cost is still within the bonded amount. A modified drainage study will be required discussing the storm sewer design and cross culverts required. Any changes required to the entrance road will be at the cost of the developer. The pavement structure design should be in the file. (please check) >>> Kim Ogle 11/17/2000 7:38:08 AM >>> 1.k. The applicant shall provide two sets of construction drawings for all internal and external roads for her review and approval by the Weld County Department of Public Works per Section 7.2.9.2 of the Subdivision Ordinance. Evidence of approval shall be submitted to the Department of Planning Services. f. Meadow Vale Farm 12 June 2001 Mr. James Anderson 3528 WCR 28 Longmont, CO 80504 Dear Jim, We have discussed the need to build an off-site water pipeline in order to provide Longs Peak Water to the 3rd Filing of the Elms at Meadow Vale. This pipeline when completed will belong to Longs Peak Water District. It will greatly enhance to ability to serve water at increased volume and pressure for Longs Peak Water District. We are beginning design of this water line and it is necessary that I confirm in writing your willingness to provide an easement to the Longs Peak Water District for a portion of this water line to be located on your farm. This commitment will serve as an agreement until the pipeline is designed and a proper easement can be written between you and the Longs Peak Water District. It is our intent to design this water line this summer of 2001, with actual construction to start in November of 2001. The pipeline will be completed prior to your farming needs in 2002. As the engineers design the water line from Foster Ridge across your land to where it goes under WCR 5.0 onto the Adler Farm we will place the pipeline where ever you choose. The pipeline will be 12" in size and should significantly increase to value of your property. Please sign at the space provided below your willingness to provide this easement. Sincerely, I will grant the easement: Floyd liver Land Developer cr-- es Anderson der-sin MIS Q CW f'Yz (A _ ect -b .eaG':ttu*thl, rn u-tua.LC c� {Ma-Ft-thee- LGt, itin vnt G to cMt -1--hr-1"(1411- 'but 2385 Homestead Place lVi Longmont,CO 80504 Phone•303-772-4791 ltti Cellular• 970-396-5035 1&. Fax • 303-772-5211 Meadow Yale Farm 12 June 2001 Mr. George Adam 11684 WCR 5.5 Longmont, CO 80504 Dear George, We have discussed the need to build an off-site water pipeline in order to provide Longs Peak Water to the 3rd Filing of the Elms at Meadow Vale. This pipeline when completed will belong to Longs Peak Water District. It will greatly enhance to ability to serve water at increased volume and pressure for Longs Peak Water District. We are beginning design of this water line and it is necessary that I confirm in writing your willingness to provide an easement to the Longs Peak Water District for a portion of this water line to be located on your farm. This commitment will serve as an agreement until the pipeline is designed and a proper easement can be written between you and the Longs Peak Water District. It is our intent to design this water line this summer of 2001, with actual construction to start in November of 2001. The pipeline will be completed prior to your farming needs in 2002. Please sign at the space provided below your willingness to provide this easement. Sir ly, i1 I will grant the easement: Floyd liver Land Developer .„,,,A George Ad 2385 Homestead Place l' Longmont,CO 80504 Phone•303-772-4791 $1b Cellular• 970-396-5035 lr6 Fax• 303-772-5211 Meadow Yale Farm 12 June 2OO1 Mr. Floyd Adler 4O1 Westview Ct. Longmont, CO 8O5O1 Dear Floyd, We have discussed the need to build an off-site water pipeline in order to provide Longs Peak Water to the 3rd Filing of the Elms at Meadow Vale. This pipeline when completed will belong to Longs Peak Water District. It will greatly enhance to ability to serve water at increased volume and pressure for Longs Peak Water District. We are beginning design of this water line and it is necessary that I confirm in writing your willingness to provide an easement to the Longs Peak Water District for a portion of this water line to be located on your farm. This commitment will serve as an agreement until the pipeline is designed and a proper easement can be written between you and the Longs Peak Water District. It is our intent to design this water line this summer of 2OO1, with actual construction to start in November of 2OO1. The pipeline will be completed prior to your farming needs in 2OO2. You asked that in consideration of your granting this easement that you can activate two water taps along WCR 5.0 that you have owned for quite some time. Mr. Barry Dykes, Manager of the Longs Peak Water District have confirmed that you do own two water taps and these will be activated when this line is completed. Please sign at the space provided below your willingness to provide this easement. Sincerely, /� rJ��rya�� I will grant the easement: Floyd liver Land Developer � el dfi':r G2' 2385 Homestead Place lrb Longmont,CO 80504 Phone•303-772-4791 0 Cellular• 970-396-5035 lei Fax• 303-772-5211 St. Vram SANITATION DISTRICT June 25,2001 Floyd Oliver 2385 Homestead Pl. Longmont, CO 80504 Re: Floyd Oliver 3r°Filing Elms at Meadow Vale 110 Lots The District will provide sanitary sewer service to the property described above. Service to the Planned Unit Development is subject to the following conditions: • Completion and acceptance of line cxtension(s)including trunk lines to connect owners to existing SVSD facilities, • Completion of necessary connection requests/agreements, and • Receipt of applicable fees. Service will be subject to the rules and regulations of the St. 'rain Sanitation District. Sincerely yours, St. Vraln Sanitation District y64 d,e; $lark A.Peterson District Manager 436 Coffman Strecf Suited 203&204 P.O.Doc 417 Longamm,CO 80502-0417 Phalle:(303)716.9370 Far(303)774-2349 Email:meek@stsal.com LONGS PEAK WATER DISTRICT • 9875 Vermillion Road • Longmont, CO 80504 • (303) 776-3847 office • (303) 776-0198 fax June 21, 2001 Mr. Floyd Oliver Manager Elms Land Company, LLC 2385 Homestead Place Longmont, CO. 80504 RE: Signed Agreements Dear Mr. Oliver: Attached are signed copies of a "Subdivision Service Agreement", a "Water Tap Purchase Agreement" (Exhibit C), and a"Line Extension, Reimbursement and Participation Fee Agreement" (Exhibit D)for your records. Also attached is a copy of Section 14 to the District's Bylaws, Policies and Regulations (Exhibit B). You will need to furnish the District with Exhibit A- a description of the property to be developed - and Exhibit E-a conceptual and preliminary design of the Main Line Extension and Improvements- when available. If you have questions or need additional information, please contact me. Best regards, �CSS ` , Barry Dy General er a Enclosures (4) EXHIBIT D LINE EXTENSION, REIMBURSEMENT, AND PARTICIPATION FEE AGREEMENT 1. PARTIES. The parties to this Agreement are the LONGS PEAK WATER DISTRICT (District) and the ELMS LAND COMPANY, LLC, Floyd Oliver, Manager, a Colorado limited liability corporation (Applicant). 2. RECITALS AND PURPOSE. The Applicant is the owner of certain property described on the attached EXHIBIT A,which is located within the District, which the Applicant seeks to develop, and which is referred to as The Elms at Meadow Vale Farm Subdivision (Subdivision). The District is a special district organized under Colorado law which provides potable water service to its customers for which monthly service charges are made. The Applicant desires that the District commit to provide potable water service within the boundaries of its Subdivision. Such service will require the extension of a water line from the Foster Ridge Development located southwest of the intersection of Interstate Highway 25 and Colorado Highway 66 to the Subdivision, a distance of approximately 20,000 linear feet. Such line will be referred to in this Agreement as the Main Line. The parties estimate that 111 residences to be constructed in the Subdivision can be served with a 6- inch line. However, the District desires that the Main Line be a 12-inch line in order to provide the District with additional capacity for future service to other real property in the vicinity of the Subdivision which is not owned by the Applicant. The purpose of this Agreement is to establish the procedures by which the Main Line will be constructed; how the expenses of construction of the Main Line will be borne; and how the Applicant will be reimbursed for certain of the expenses which it incurs in the construction of the Main Line. The purpose of this Agreement is to set forth such terms and conditions. Accordingly, the parties agree to the terms and conditions set forth in the following paragraphs. 3. MAIN LINE EXTENSION POLICIES. Except as otherwise provided in this Agreement, Section 8 of the District's Bylaws, Policies and Regulations entitled "Main Line Extension Policies" shall apply. The Applicant acknowledges receipt of a copy of such Regulations. 4: AFFECTED AREA. The properties which may potentially be served by the District from the Main Line lie within the following described area: Sections 3. 4. 5 Township 2 North, Range 68 West, all located in Weld County, Colorado and all referred to in this Agreement as the Affected Area; provided, however, that the definition of the Affected Area does not include the Subdivision. Sections 27, 28. 29. 32. 33. 34 Township 3 North, Range 68 West, all located in Weld County, Colorado and all referred to in this Agreement as the Affected Area; provided, however, that the definition of the Affected Area does not include the Subdivision. 5. MAIN LINE DESIGN AND CONSTRUCTION OF THE MAIN LINE. The Main Line and improvements which are the subject of this Agreement are as described and shown on the conceptual preliminary design attached to this Agreement as EXHIBIT E. -1_ 5.1 The Applicant will contract for the design of the Main Line. The design, engineering and construction of the line shall be in accordance with all District specifications and construction requirements, shall be at the Applicant's sole cost and expense, and shall be subject to the District's review and approval. Except as otherwise provided in paragraph 6.3 below, no District funds shall be expended for the design, construction and/or installation of the Main Line. 5.2 The Applicant shall obtain at the Applicant's cost and expense any and all easements across private property of third parties in which may be necessary for installation and construction of the Main Line. Such easements shall to be granted to the District in a form which is satisfactory to the District. • 6. APPLICANT'S OBLIGATIONS. The Applicant shall have the following additional obligations pursuant to this Agreement: 6.1 Advance Deposit. On or before October I, 2001, the Applicant shall pay the District the sum of$138,750, (or the then current LTWD capacity purchase cost) which amount represents the cost to the District of purchasing 111 capacity units from the Little Thompson Water District to serve the 111 taps which are the subject of this Agreement. Such amount shall be adjusted upward or downward it; prior to the Applicant's payment, the cost to the District of purchase such units is increased or decreased. 6.2 Rebate Fee. In order for the Applicant to connect to the Foster Ridge water line, the Applicant will be required to pay a fee to the District in the amount of $ 9O 973.20 (this figure is approximate, but believed to be accurate at this time - 5-15-01) to reimburse the developer of Foster Ridge Business Park for its expenses in boring Interstate Highway 25 and in construction a 12-inch water line from the east side to the west side of Interstate Highway 25, including a master meter vault and other appurtenances. The Applicant will pay such amount to the District with in 30 days of the date on which the actual tap is made on the Foster Ridge water line and the District's written request therefor. The District will reimburse the Applicant for such payment through the rebate fees described in paragraph 7 below. 6.3 Duration of Construction. Applicant agrees to commence construction of the Main Line not later than October 15, 2001, and to complete construction within 120 calendar days thereafter. [Performance bond requirement to be specified prior to signing of final document by both parties.] 7. DISTRICT'S OBLIGATIONS. The District shall have the following additional obligations pursuant to this Agreement: 7.1 Tap Purchase Credit(Capacity Units). Whenever the Applicant, or the Applicant's designee, purchases a water tap in the Subdivision from the District, the District will credit such purchaser in an amount equal to the amount paid by the Applicant to the District for each capacity unit purchased in advance as described in paragraph 5.1 above(note: currently $1,250 per tap). -2- 7.2 Tap Purchase Credit (Main Line Extension). Wnenever the Applicant, or the Applicant's designee, purchases a water tap in the Subdivision from the District, the District will credit such purchaser an amount equal to 1/111 of the Applicant's share of the total cost of the Main Line (not to exceed $249,750.00). [For example, assume that the Applicant's share of the total cost of the Main Line is $249,750, then the amount of each such credit will be $249,750/111 = $2,250 I. 7.3 Oversizing of Main Line Extension. The District desires to participate in over- sizing the Applicant's required 6" line to a 12" line. The District agrees to reimburse the Applicant for those additional costs of materials only between a 6-inch line and a 12-inch line. The parties understand and agree that the additional cost of installing a 12-inch line instead of a 6-inch line shall be borne solely by the Applicant. [For example if the cost of materials for a 12-inch line is $9.00 per linear foot and the cost of materials for a 6-inch line is $4 per linear foot, the District's obligation will be $5 per linear foot. Assuming 20,000 linear feet of line is required, then the District's reimbursement shall be $100,000, plus the additional cost of appurtenances between 6" and 12"] . The amount of the reimbursement shall be paid by the District to the Applicant in the following manner: the District will pay the Applicant 85% of the agreed upon difference in cost between 6-inch line/appurtenances and 12-inch line/appurtenances within 10 business days of the date on which an invoice for said materials is presented to the District and Applicant presents proof of payment for the 12-inch line/appurtenances) provided said materials have been delivered to, and are on the job site (verified by District personnel). The 15% balance will be paid upon the acceptance of the completed Main Line by the District which acceptance shall not be unreasonably withheld. If the parties are unable to agree upon the difference in cost between 6-inch line versus 12- inch line, the parties will jointly request at least three suppliers of such pipe to submit sealed bids to supply such pipe and the parties will use the difference between the lower of the prices for 12-inch line and the lower of the prices for 6-inch line. Pipe specification shall be 6" and 12" C-900 Class 150 (DR-18) or 6" and 12" C-909 Class 150. Appurtenance specification shall comply with Standard District Specifications. 8. REBATE FEES. The parties agree that more water taps(in addition to Applicant's 111 taps)can be provided service as a result of this main line extension project. District Bylaws, Policies and Regulations address the issue of monetary rebates for main line extensions, and those Policies will apply to monies expended by the Applicant for a 6" Main Line Extension in excess of those finds addressed in Section 6.2 above, (as Tap Purchase Credits) including the rebate fee paid by the Applicant to tie-in to the existing line at Foster Ridge. Within 60 days of receipt of a tap fee and $2,500 rebate fee paid to the District for new water service within the Affected Area and from the Main Line, the District shall pay Applicant 50%($1,250)of each Rebate Fee so collected; no interest shall accrue or be paid by the District. The District will keep the remaining 50% ($1,250) for rebates due on District participation of the project. The Applicant can recover no more than his original financial investment of a 6" Main Line Extension and Rebate Fee for tie-in at Foster Ridge. Such amount shall be agreed upon by the parties at or prior to acceptance of the completed main line by the District. This agreement is solely between the parties and is not intended, nor shall it be construed, as a commitment for the issuance of water taps to any party or property owner in the affected area. This Agreement is not to be deemed to be for the benefit of any third party. 9. DISTRICT REGULATIONS. All service provided under this agreement shall be subject to the monthly service charges and all Bylaws, Policies and Regulations of the District which may be in force from time to time. -3- 10. GOVERNMENTAL REGULATIONS. All provisions of this Agreement to the contrary notwithstanding, the obligation of the District to furnish potable water service under this Agreement, is limited by, and subject to all orders, requirements and limitations which may be imposed by federal, state, county or any governmental or regulatory body or agency having jurisdiction and control over the District and/or the operation of its domestic water system and treatment facilities. 11. DELAYS. Any delays in, or failure of, performance by any party of his or its obligations under this Agreement shall be excused if such delays or failure are a result of acts of God and nature, fires, floods, strikes, labor disputes, accidents, regulations or orders of civil or military authorities, restrictions or limitations contained in any initiative approved by the voters, shortages of labor materials, or other causes, similar or dissimilar, which are beyond the control of such party, including any governmental orders, directives, requirements or limitations described above. 12. PARAGRAPH CAPTIONS. The captions of the paragraphs are set forth only for convenience and reference, and are not intended in any way to define, limit, aor describe the scope or intent of the Agreement. 13. ADDITIONAL DOCUMENTS OR ACTION. The parties agree to execute any additional documents and to take any additional action necessary to carry out this Agreement. 14. INTEGRATION AND AMENDMENT; PRIOR AGREEMENTS. This Agreement _ represents the entire agreement between the parties and except for the agreements attached hereto as exhibits;there are no other oral or collateral agreements or understandings. This Agreement may be amended only by an instrument in writing signed by the parties. The Applicant shall reimburse the District for any expenses incurred by the District in connection with any amendment of this Agreement requested by the Applicant. If any provision of this agreement is held invalid or unenforceable, no other provision shall be affected by such holding, and all of the remaining provisions of this Agreement shall continue in full force and effect. Except as provided herein, all prior agreements and contracts between the parties and regarding the sale and purchase of taps are hereby rescinded. 15. ALTERNATIVE DISPUTE RESOLUTION. In the event of any dispute or claim arising under or related to this Agreement, the parties shall use their best efforts to settle such dispute or claim through good faith negotiations with each other. If such dispute or claim is not settled through negotiations within 30 days after the earliest date on which one party notifies the other party in writing of its desire to attempt to resolve such dispute or claim through negotiations, then the parties agree to attempt in good faith to settle such dispute or claim by mediation conducted under the auspices of the Judicial Arbiter Group (JAG) of Denver, Colorado or, if JAG is no longer in existence, or it the parties agree otherwise, then under the auspices of a recognized established mediation service within the State of Colorado. Such mediation shall be conducted within 60 days following either party's written request therefor. If such dispute or claim is not settled through mediation, then either party may initiate a civil action in the District Court for Boulder County. In any legal proceeding, other than mediation, the prevailing party shall be entitled to recover his or its reasonable attorneys' fees and litigation costs from the other party at the discretion of the arbitrator or court. -4- 16. ASSIGNMENT. If Applicant is not in default hereunder, Applicant may assign this Agreement without the prior consent of the District, provided said assignment is in writing and further provided that the assignment is made in conjunction with a transfer of all or substantially all of the property described herein. No assignment shall, however, be effective upon the District unless and until the District receives written notice or copy of the assignment. 17. BINDING EFFECT. This Agreement shall inure to the benefit of, and be binding upon, the parties, and their respective legal representative, successors, and assigns; provided, however, that nothing in this paragraph shall be construed to permit the assignment of the Agreement except as otherwise specifically authorized herein. 18. NO PLEDGE OF FUNDS BY DISTRICT. In so far as any of the obligations of the District set forth herein may be construed to be multiple-fiscal year "direct or indirect debt or other financial obligation" as that phrase is contemplated and utilized in Article XX, Section 20 of the Colorado Constitution, such obligation or obligations are subject to an annual appropriation by District's Board of Directors. The parties acknowledge that the District has not irrevocably pledged any of its cash reserves to be held in reserve as restricted funds to meet any obligation set forth herein. 19. EXHIBITS.All exhibits referred to in this Agreement are, by reference, incorporated in this Agreement for all purposes. 20. SEVERABILITY. If any provision of this Agreement is declared by a court of competent jurisdiction to be invalid, void or unenforceable, such provision shall be deemed to be severable, and all other provisions of this Agreement shall remain fully enforceable, and this Agreement shall be interpreted in all respects as if such provision were omitted. 21. NOTICES.My notice required or permitted by this Agreement shall be in writing and shall be deemed to have been sufficiently given 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 on the signature page 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. 22. AUTHORIZATIONS. The District, upon approval of this Agreement, shall be deemed to have approved and authorized the District's President and Secretary to execute the agreements set forth herein as exhibits provided such documents are in conformity with the District's then existing policies, rules and regulations, as determined by the District's general manager in his sole discretion. Any such non-conforming agreement shall require further approval and consent by the District's Board of Directors. 23. DATED: &\L>1-1q.. 2.\ , 2001. -5- LONGS PEAK WATER DISTRICT By AOL. " C i Dean ()Lander, President 9875 Vermilion Road Longmont, Colorado 80504-9738 303-776-3847 303-776-0198 (Fax) ATTEST: • Secretary ELMS LAND COMPANY, LLC. By ..f; d Floyd Wier, Manager 2385 Homestead Place Longmont, Colorado 80504 303-772-4791 303-772-5211 (Fax) ATTEST: (I ov LLZ bV, 7`1e -6- es- SUBDIVISION SERVICE AGREEMENT (Dual System) 1. PARTIES. The parties to this Agreement are the LONGS PEAK WATER DISTRICT (District) and the ELMS LAND COMPANY, LLC, a Colorado limited liability corporation (Applicant). 2. RECITALS AND PURPOSE. The Applicant is the owner of certain property described on the attached EXHIBIT A, which the Applicant seeks to develop and which is referred to as the The Elms at Meadow Vale Farm Subdivision(Subdivision). The District is a special district organized under Colorado law which provides potable water service to its customers for which monthly service charges are made. The Applicant desires that the District commit to provide potable water service within the boundaries of the Subdivision. Applicant proposes to construct a "dual system" which will result in the Applicant's construction of a separate irrigation system for the Subdivision's irrigation needs. A copy of the Section 14 of the District's Bylaws, Policies and Regulations governing "dual systems" is attached to this Agreement as EXHIBIT B and is, by this reference, incorporated as a part of this Agreement. The purpose of this Agreement is to set forth the terms and conditions concerning the District's supplying such domestic potable water service to the Subdivision. Accordingly, the parties agree to the following provisions in consideration of the mutual covenants set forth herein. 3. LEGAL DESCRIPTION OF SUBDIVISION. The Applicant agrees to furnish a reproducible copy of the preliminary plat of the Subdivision to the District and said plat is expressly incorporated by reference into this Agreement. Any change or alteration in the area, size, shape, density, usages, requirements, tap equivalents needed, or timing of development of the Subdivision which may affect the number of tap equivalents required for the Subdivision or the method or manner of the provision of water to or within the Subdivision shall first require the written approval of the District. 4. DEFINITIONS. For purposes of this Agreement, the following words and terms shall have the meanings as set forth below: 4.1. "Irrigation" shall mean any exterior usage of water for purposes which normally do not require potable water, and shall include, but not be limited to, such functions as irrigating grass, flowers, trees and other vegetation used in the Subdivision. 4.2 "Potable Water" shall mean the water provided by the District through the District's distribution system. -1- 4.3 "Domestic Purposes" shall mean those usages which normally require potable treated water, and shall include, but not be limited to, such functions as drinking, cooking, bathing, watering of indoor household plants, etc. 4.4 "Homeowners' Association" shall mean a corporation, association, limited liability company or such other legal entity as may be permitted under the laws of the state of Colorado, the membership, shareholders, or owners of which shall consist solely of landowners within the Subdivision, and which shall be legally responsible(as stated in its articles of incorporation, charter, statement of organization or purpose) for the maintenance and operation of the irrigation system within the Subdivision. 4.5 "Tap" shall mean a physical connection to the District's potable water system which is that size which the District has determined in its Rules and Regulations to be utilized and designed for use by a single family equivalent (SFE). 5. IRRIGATION SYSTEM. As an inducement for District to enter into this Agreement, Applicant warrants and represents to District, that 5.1 Applicant has obtained the professional opinion of an experienced consultant, a copy of which has been provided to the District that indicates that Applicant has obtained legal ownership of, or the legal right to utilize water rights sufficient for all of the irrigation needs of the Subdivision, including dry years, and that such water rights are either adjudicated for use within the Subdivision or legally capable, under applicable water laws and regulations, for the irrigation purposes required of the Subdivision and as may be stated in this Agreement, and that such water rights or consents shall be assigned, transferred or conveyed to the District. 5.2 On or before activation of the first tap into the District's potable water system, Applicant will have established a separate legal entity, or homeowners' association, with perpetual existence, and to which Applicant shall assign all of its rights and delegate all of its responsibilities and obligations to operate and maintain an irrigation system for the Subdivision as set forth in this Agreement. 5.3 Applicant shall take reasonable measures and precautions to disseminate information to all purchasers of taps and/or homes within the Subdivision to explain the dual system of potable and irrigation water, the precautions which must be taken to preclude cross connections, the reliance on irrigation water, and the limitations on the use of potable water within the Subdivision, for non-domestic purposes, and the District's rate structure for dual system projects described below which structure discourages large usages of potable water. 6. ON-SITE DESIGN SPECIFICATIONS. The Applicant agrees, as conditions precedent to potable water service being provided to the Subdivision by the District that: -2- 6.1 Potable Water Lines. District Bylaws, Policies and Regulations- specifically Section 8 (Main Line Extension Policies), and Section 6(District Specifications) shall regulate design, construction and installation of all potable water lines and appurtenant facilities required to provide potable water service within the boundaries of the Subdivision, and shall be installed at Applicant's sole cost and expense including appropriate back flow devices which shall be installed in the water meter pit. District shall be provided with an "as built" drawing of the nstalled potable water system. • 6.2 Irrigation Water Lines. All irrigation water lines and appurtenant facilities required to provide irrigation service within the boundaries of the Subdivision shall be installed at Applicant's sole cost and expense and shall be in accordance with design and specifications prepared and certified by a registered professional engineer within the State of Colorado. Such design shall include, as a minimum, the requirement that all irrigation lines shall be color-coded utilizing the industry standard color of purple. Applicant agrees that the actual installation and construction of on-site irrigation water lines shall be subject to inspection by the District to verify that there are no cross connections or potential for unintended cross connections. All related costs of the District's engineering study, review, and inspection shall be at the cost of Applicant. 7. INTERNAL EASEMENTS. Applicant shall furnish, at Applicant's expense, all easements, rights-of-way, and consents within the Subdivision (if public utility easements are not dedicated by the plat)and which may be required for the construction and maintenance of any portion of the water lines and appurtenant facilities which may be needed to service the Subdivision. Such easements, rights-of-way and consents shall be provided prior to commencement of construction. 8. WATER SERVICE. The parties shall execute a Water Tap Purchase Agreement for 111 taps, substantially in the form which is attached as EXHIBIT C. Said Agreement shall be executed within 10 days after approval of the final plat of the Subdivision by the Board of County Commissioners of Weld County. In addition, in order to obtain potable water service for the Subdivision, applicant agrees that it will construct a 12-inch water line from Foster Ridge to the Subdivision. The terms and conditions of such agreement are set forth in that certain Line Extension, Reimbursement and Participation Fee Agreement attached as EXHIBIT D. Service to the subdivision shall be in accordance with District Bylaws, Policies and Regulations, . 9. DESIGN, CONSTRUCTION, INSPECTION, APPROVAL, SALE AND CONVEYANCE OF ON-SITE LINES AND FACILITIES shall be completed in accordance with District Bylaws, Policies and Regulations. Applicant shall guarantee the lines and facilities as installed against faulty workmanship and materials to the District for a period of one year from conveyance and shall, during said period, pay all cost and expense of repair or replacement of said lines and, at the request of the District, furnish a bond guaranteeing said repair and replacement. 10. FIRE HYDRANTS. Applicant agrees to pay a Fire Hydrant Fee, at the current rate of $2,000 per fire hydrant as shown on the approved plans. A total of ' 3 hydrants will be installed for a total fee of$ 2 (rxo . Applicant further agrees to give the District, through the District's Engineer, adequate notice, prior to commencement of construction, of the date when such construction shall begin. -3- 11. DISTRICT REGULATIONS. All service provided under this agreement shall be subject to the monthly service charges and all District Bylaws, Policies and Regulations. 12. GOVERNMENTAL REGULATIONS. All provisions of this Agreement to the contrary notwithstanding,the obligation of the District to furnish potable water service under this Agreement, is limited by, and subject to all orders, requirements and limitations which may be imposed by federal, state, county or any governmental or regulatory body or agency having jurisdiction and control over the District and/or the operation of its domestic water system and treatment facilities. 13. DELAYS. Any delays in, or failure of, performance by any party of his or its obligations under this Agreement shall be excused if such delays or failure are a result of acts of God and nature, fires, floods, strikes, labor disputes, accidents, regulations or orders of civil or military authorities, restrictions or limitations contained in any initiative approved by the voters, shortages of labor materials, or other causes, similar or dissimilar, which are beyond the control of such party, including any governmental orders, directives, requirements or limitations described above. 14. PARAGRAPH CAPTIONS. The captions of the paragraphs are set forth only for convenience and reference, and are not intended in any way to define, limit, or describe the scope or intent of the Agreement. 15. ADDITIONAL DOCUMENTS OR ACTION. The parties agree to execute any additional documents and to take any additional action necessary to carry out his Agreement. 16. INTEGRATION AND AMENDMENT; PRIOR AGREEMENTS. This Agreement represents the entire agreement between the parties and except for the agreements attached hereto as exhibits, there are no other oral or collateral agreements or understandings. This Agreement may be amended only by an instrument in writing signed by the parties. The Applicant shall reimburse the District for any expenses incurred by the District in connection with any amendment of this Agreement requested by the Applicant. If any provision of this Agreement is held invalid or unenforceable, no other provision shall be affected by such holding, and all of the remaining provisions of this Agreement shall continue in full force and effect. Except as provided herein, all prior agreements and contracts between the parties and regarding the sale and purchase of taps are hereby rescinded. 17. ALTERNATIVE DISPUTE RESOLUTION. In the event of any dispute or claim arising under or related to this Agreement, the parties shall use their best efforts to settle such dispute or claim through good faith negotiations with each other. If such dispute or claim is not settled through negotiations within 30 days after the earliest date on which one party notifies the other party in writing of its desire to attempt to resolve such dispute or claim through negotiations, then the parties agree to attempt in good faith to settle such dispute or claim by mediation conducted under the auspices of the Judicial Arbiter Group(JAG) of Denver, Colorado or, if JAG is no linger in existence, or if the parties agree otherwise, then under the auspices of a recognized established mediation service within the State of Colorado. Such mediation shall be conducted within 60 days following either party's written request therefor. If such dispute or claim is not settled through mediation, then either party may initiate a civil action in the District Court for Boulder County. In any legal proceeding, other than mediation, the prevailing party shall be entitled to recover his or its reasonable attorneys' fees and litigation costs from the other party at the discretion of the arbitrator or court. -4- 18. ASSIGNMENT. If Applicant is not in default hereunder, Applicant may assign this Agreement without the prior consent of the District, provided said assignment is in writing and further provided that the assignment is made in conjunction with a transfer of all or substantially all of the property described herein. No assignment shall, however, be effective upon the District unless and until the District receives written notice or copy of the assignment. 19. BINDING EFFECT. This Agreement shall inure to the benefit of, and be binding upon the parties, and their respective legal representative, succossors, and assigns; provided, however, that nothing in this paragraph shall be construed to permit the assignment of the Agreement except as otherwise specifically authorized herein. 20. NO PLEDGE OF FUNDS BY DISTRICT. In so far as any of the obligations of the District set forth herein may be construed to be a multiple-fiscal year "direct or indirect debt or other financial obligation" as that phrase is contemplated and utilized in Article XX, Section 20 of the Colorado Constitution, such obligation or obligations are subject to an annual appropriation by District's Board of Directors. The parties acknowledge that the District has not irrevocably pledged any of its cash reserves to be held in reserve as restricted finds to meet any obligation set forth herein. 21. EXHIBITS. All exhibits referred to in this Agreement are, by reference, incorporated in this Agreement for all purposes. 22. SEVERABILITY. If any provision of this Agreement is declared by a court of competent jurisdiction to be invalid, void or unenforceable, such provision shall be deemed to be severable, all other provisions of this Agreement shall remain fully enforceable, and this Agreement shall be interpreted in all respects as if such provision were omitted. 23. NOTICES. Any notice required or permitted by this Agreement shall be in writing and shall be deemed to have been sufficiently given 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 on the signature page 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. 24. AUTHORIZATIONS. The District, upon approval of this Agreement, shall be deemed to have approved and authorized the District's President and Secretary to execute the agreements set forth herein as exhibits provided such documents are in conformity with the District's then existing Bylaws, Policies and Regulations as determined by the District's general manager in his sole discretion. Any such non-conforming agreement shall require further approval and consent by the District's Board of Directors. 25. DATED: c3v C. 7. 1 , 2001. -5- LONGS PEAK WATER DISTRICT By 107", VA Dean Olander, President 9875 Vermillion Road Longmont, Colorado 80504-9738 303-776-3847 303-776-0198 (Fax) ATTEST: Secretary ELMS LAND COMPANY, LLC By �/� ✓ Floyf Oliver, Manager 2385 Homestead Place Longmont, Colorado 80504 303-772-4791 303-772-5211 (Fax) ATTEST: n � � k/, rp ES -6- EXHIBIT C WATER TAP PURCHASE AGREEMENT 1. PARTIES.The parties to this Agreement are the LONGS PEAK WATER DISTRICT, a title 32 special district, ("District") and ELMS LAND COMPANY, LLC ("Applicant"). 2. RECITALS AND PURPOSE. The parties are currently negotiating a Subdivision Service Agreement which will define the terms under which the district will provide of service to the development. Applicant desires to purchase water taps for the development project pursuant to said Agreement. The purpose of this Water Tap Purchase Agreement is to set forth the terms and conditions concerning the District's supplying such domestic water service to the proposed project. Accordingly, the parties agree to the following provisions in consideration of the mutual covenants set forth herein. 3. LEGAL DESCRIPTION OF PROJECT. For purposes of this Agreement, the term "Project" shall mean the property which is known as the ELMS AT MEADOW VALE FARM SUBDIVISION. The Applicant agrees to furnish a reproducible copy of the preliminary plat to the District and said plat is expressly incorporated in this Agreement. Any change or alteration in the area, size, shape, density, usages, requirements, tap equivalents needed, or timing of development of the subdivision which may affect the number of tap equivalents required for the project or the method or manner of the provision of water to or within the project shall first require the written approval of the District. 4. TAPS NEEDED FOR PROJECT COMPLETION. For purposes of this Agreement,the term "tap" shall mean that size of a connection to one of the District's treated water distribution lines and which is utilized and designed for a single family or its equivalency pursuant to the District's Bylaws, Policies and Regulations. The total number of single-family residential lot equivalent ("RLE") taps for the project will be 111. Applicant requests and agrees to purchase, and District commits to sell 111 RLE taps pursuant to this Agreement. 5. TAP PURCHASE. Within 10 days of final plat approval, the Applicant shall tender to the District a check in the amount of $ 138,750.00 (or current cost of LTWD capacity purchase) representing pre-payment of the then current LTWD capacity purchase portion of the total tap fee charged by the District for 111 taps, together with additional fees as more fully set forth below, with a deferral of the other components of the tap fees, including transfer of the raw water units required by this Agreement, until anticipated activation of the taps. 5.1 Applicant agrees to complete the purchase of the 111 committed taps by payment of the remaining components of the then applicable tap fee, excluding the raw water component, in accordance with the following schedule, provided that any taps purchased in full in any given year in excess of the minimum specified below shall be credited to the following year's minimum: 25 taps in year 1 (Calendar Year 2002) 25 taps in year 2 (Calendar Year 2003) 25 taps in year 3 (Calendar Year 2004) 25 taps in year 4 (Calendar Year 2005) 11 taps in year 5 (Calendar Year 2006) -1- 5.2 In the event that the Applicant fails to complete the purchase of the minimum number of taps in each year specified above, or fails to complete the purchase of all 111 taps by December 31, 2006, the District shall retain the $138,750 deposit (or the then current LTWD capacity purchase amount), and the raw water units transferred to the District as of the date of the default, as liquidated damages and the obligation of the District to provide further taps shall be terminated. The undersigned acknowledges that by extending this Agreement, the District has agreed to commit a definite portion of the total capacity of its system to the Applicant and therefore must look to the Applicant for performance of its obligations to purchase the committed taps in order for the District to meet its financial obligations. 5.3 In the event of an increase in the LTWD capacity purchase portion of the tap fee charges, District agrees to give notice of the increase to the Applicant within 30 days of the District receiving such information. 5.4 Applicant shall, before any such connection is made, transfer the raw water and pay the balance of any amounts due and owing for such tap fees, including without limitation, the raw water component (if water is not transferred to District) and other components of the tap fee, in accordance with the District's then applicable fee schedule. 6. RAW WATER TRANSFER. 6.1 As a condition of activation of the purchased taps, Applicant shall transfer 0.55 units (rounded to the next highest full unit) of Colorado-Big Thompson Project ("C-BT") water, administered by the Northern Colorado Water Conservancy District, for each tap purchased. The District may consider the cash value of any excess units transferred to meet this requirement and may apply or credit to the balance of the remaining tap fees due and owing. The raw water to be transferred shall consist of a total of 62 (a/f)C-BT units. In the event that raw water is not transferred to the District upon execution of this Agreement, Applicant must obtain said units and effectuate the transfer of the raw water prior to activation of taps in excess of the number for which the raw water has been provided. In the event that Applicant can not obtain the required raw water on the open market, the Applicant may, at the discretion of the District's Board and for good cause shown, make a cash payment in lieu of the transfer of raw water, in such an amount as the District may determine to be necessary to obtain raw water including administrative costs,transfer fees and other related costs, or in accordance with its then existing Bylaws, Policies and Regulations. 6.2 Applicant shall give District 90 days advance notice of its intention to activate such taps connected to the District's lines and facilities to provide the District with sufficient time to effectuate the raw water transfers, if needed. Applicant shall, before any such connection is made, transfer the raw water and pay the balance of any amounts due and owing for such tap fees, including without limitation, the fee in lieu of raw water component (if water is not transferred to District)and all other components of the tap fee, in accordance with the District's then applicable fee schedule. -2- 6.3 The failure of Applicant to complete the raw water transfer, or to pay the cash amount in lieu thereof as set forth in paragraphs 6.1 and 6.2, or to pay the remaining components of the tap fees for the total number of taps specified in paragraph 4, on or before the fifth anniversary of the initial payment to the District of the capacity purchase component of the tap fee, shall constitute a default. Upon such default any sums paid hereunder by Applicant shall be retained by District as liquidated damages for such default. It is understood and agreed by Applicant that the purpose of this requirement for completion of the purchase of all taps within a five year period is based upon the financial requirements of the District to fund its capital construction needs. The District, by this Agreement, has committed a definite portion of the total capacity of its system to the Applicant and, therefore, must look to the Applicant for performance of its obligations in order that the District may meet its capital construction and operating expenses. If there is a default by Applicant, District may recommit such taps to other applicants without further notice to Applicant. 7. DISTRICT REGULATIONS. All service provided under this Agreement shall be subject to the monthly service charges and all Bylaws, Policies and Regulations of the District which may be in force from time to time. 8. GOVERNMENTAL REGULATIONS. All provisions of this Agreement to the contrary notwithstanding, the obligation of the District to furnish water service under this Agreement, is limited by, and subject to all orders, requirements and limitations which may be imposed by federal, state, county or any governmental or regulatory body or agency having jurisdiction and control over the District and/or the operation of its domestic water system and treatment facilities. 9. DOCUMENTS TO FURNISHED. Upon execution of this Agreement, or at such time or times as may be requested by District, Applicant agrees to furnish District the following: 9.1 A topographical survey of the property described in this Agreement; and 9.2 Final Subdivision plat approved by appropriate regulatory boards, commissions, or agencies, together with requirements and conditions fixed by such entities for development and evidence of the Applicant's compliance or plan for compliance; and 9.3 In the event the initial area to be served under this Agreement is not the entire project to be developed by Applicant and the remainder is being planned as a phased development, Applicant shall furnish sketch plans, preliminary plats and/or plans as developed by the Applicant with reference to the future total development of the entire property. It is understood and agreed that a request for information as to future plans and developments of the Applicant (and the consideration of such plans by the District in connection with its obligation to service Applicant's above-described land under this Agreement) shall in not be construed as an agreement or obligation of District to serve such other lands, additional lands, or areas proposed by the Applicant for such future development beyond that provided in existing written commitments. All information required to be furnished to District by Applicant shall be provided at Applicant's expense. 9.4 Recorded plats and drawings of the development, including a mylar map and AutoCAD diskette files certified by Applicant's engineer depicting all lines, valves, fittings and appurtenances as constructed, installed, and transferred pursuant tp Paragraph 7 above. -3- 10. DELAYS.Any delays in, or failure of, performance by any party of his or its obligations under this Agreement shall be excused if such delays or failure are a result of acts of God and nature, fires, floods, strikes, labor disputes, accidents, regulations or orders of civil or military authorities, restrictions or limitations contained in any initiative approved by the voters, shortages of labor materials, or other causes, similar or dissimilar, which are beyond the control of such party, including any governmental orders, directives, requirements or limitations described above. 11. PARAGRAPH CAPTIONS. The captions of the paragraphs are set forth only for convenience and reference, and are not intended in any way to define, limit, or describe the scope or intent of the Agreement. 12. ADDITIONAL DOCUMENTS OR ACTION. The parties agree to execute any additional documents and to take any additional action necessary to carry out this Agreement. 13. INTEGRATION AND AMENDMENT; PRIOR AGREEMENTS. This Agreement represents the entire agreement between the parties and there are no oral or collateral agreements or understandings. This Agreement may be amended only by an instrument in writing signed by the parties. The Applicant shall reimburse the District for any expenses incurred by the District in connection with any amendment of this Agreement requested by the Applicant. If any provision of this Agreement is held invalid or unenforceable, no other provision shall be affected by such holding, and all of the remaining provisions of this Agreement shall continue in full force and effect. 14. ALTERNATIVE DISPUTE RESOLUTION. In the event of any dispute or claim arising under or related to this Agreement, the parties shall use their best efforts to settle such dispute or claim through good faith negotiations with each other. If such dispute or claim is not settled through negotiations within 30 days after the earliest date on which one party notifies the other party in writing of its desire to attempt to resolve such dispute or claim through negotiations, then the parties agree to attempt in good faith to settle such dispute or claim by mediation conducted under auspices of the Judicial Arbiter Group (JAG) of Denver, Colorado or, if JAG is no longer in existence, or the parties agree otherwise, then under the auspices of a recognized established mediation service within the State of Colorado. Such mediation shall be conducted within 60 days following either party's written request therefor. If such dispute or claim is not settled through mediation, then either party may initiate a civil action in the District Court for Boulder County. 15. ASSIGNMENT. If Applicant is not in default hereunder, Applicant may assign this Agreement without the prior consent of the District, provided said assignment is in writing and further provided that the assignment is made in conjunction with a transfer of all or substantially all of the property described herein. No assignment shall, however, be effective upon the District unless and until the District receives written notice or copy of the assignment. 16. BINDING EFFECT. This Agreement shall inure to the benefit of, and be binding upon, the parties, and their respective legal representative, successors, and assigns; provided, however, that nothing in this paragraph shall be construed to permit the assignment of the Agreement except as otherwise specifically authorized herein. DATED: .5 Lt w f Z 1 , 2001 -4- LONGS PEAK WATER DISTRICT By: /192—..., Dean Olander, President 9875 Vermillion Road Longmont, CO 80504 ATTEST: Secretary STATE OLORADO ) ss COUNTY OF BOULDER) The foregoing instrument was acknowledged before me this .21 day of Ton e- ,20 DI, by "D,E R - (7 L A Pt) as President and 13A Rz P-k/ D v u E S as Secretary of the Longs Peak Water District. Witness my hand and official seal My commission expires:MY Commission Expires 7/14/2002 J 1-t s�l'u�ej Notary Public ELMS LAND C9[/OM�JPANY, LLC By: --74.1� ° Floyd liver, Manager 2385 Homestead Place Longmont, CO 80504 303-772-4791 303-772-5211 (fax) STATE OF COLORADO ) ) ss COUNTY OF BOULDER) The foregoing instrument was acknowledged before me this /q rL day of -fit-we- ,2001, by FLoYD OL/ vE/C, Witness my hand and official seal. My commission expiresMy Commission Expires 7,'1412001. (r ��tf'� zL t� Notary Public' -5- Hello