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Home My WebLink About870056.tiff RESOLUTION RE: APPROVE FINAL PLANNED UNIT DEVELOPMENT PLAN - PFERD HIMMEL P.U.D. WHEREAS, the Board of County Commissioners of Weld County, Colorado , pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners held a public hearing on the 21st day of January, 1987, at the hour of 2: 00 p.m. in the Chambers of the Board for the purpose of considering the Final Planned Unit Development Plan submitted by Pferd Himmel P.U.D. , c/o Kenneth Lind, Lind & Ottenhoff, Attorneys at Law, 1011 11th Avenue, Greeley, Colorado 80631 , and WHEREAS, said Final P.U.D. Plan concerns the following described real estate, to-wit: Part of the SE', Section 9 , Township 6 North , Range 67 West of the 6th P.M. , Weld County, Colorado WHEREAS, said applicant was represented by Kenneth Lind, Attorney at Law, and WHEREAS, the Board heard all of the testimony and statements of those present, has studied the request of the applicant and the recommendations of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that this request shall be approved for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 28. 5. 3 of the Weld County Zoning Ordinance. 2 . It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 28 . 4. 2. 1 of the Weld County Zoning Ordinance as follows: a. The proposal is consistent with the Weld County Comprehensive Plan . On August 20 , 1986 , the Board of County Commissioners approved the subject Planned Unit Development District because the application did meet the required criteria of the Weld County Zoning Ordinance. T, (°t.' f� L�t 'e 870056 Page 2 RE: FINAL PLAN - PFERD HIMMEL P.U.D. b. The Final Planned Unit Development Plan conforms to the Planned Unit Development District in which it is proposed to be located. c. The uses , buildings, and structures permitted shall 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 plans of affected municipalities. The Town of Windsor, in its November 7 , 1986 , referral response, stated that this request does comply with the Comprehensive Plan. d. The Final Planned Unit Development Plan conforms with the Performance Standards outlined in Section 35. 3 of the Weld County Zoning Ordinance. e . The Final Planned Unit Development Plan conforms with Section 50 of the Weld County Zoning Ordinance. NOW, THEREFORE, HE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado , that the Final Planned Unit Development Plan on the hereinabove described parcel of land be, and hereby is, approved subject to the following conditions: 1 . The site shall be determined to be suitable for individual septic disposal systems by the Weld County Health Department. The individual septic systems shall be installed consistent with the requirements of the Weld County Individual Sewage Disposal System Regulations and Section 8-9 of the Weld County Subdivision Regulations . 2. The North Weld County Water District shall provide the water supply to the Planned Unit Development District. The water supply system shall be provided consistent with the requirements of Section 8-10 of the Weld County Subdivision Regulations, pursuant to public water supply systems and fire safety requirements. 3. The applicant, developer , and/or homeowners association shall provide and maintain all internal roads, open space and bridle paths within the Planned Unit Development District. Roads internal to the Planned Unit Development District shall remain private and must comply with the Design Standards listed in Section 8-2 of the Weld County Subdivision Regulations. 870056 Page 3 RE: FINAL PLAN - PFERD HIMMEL P.U.D. 4 . The three conditions as stated above shall appear as notes on the Planned Unit Development plat. 5. Prior to recording the Final Planned Unit Development Plan, the Final Planned Unit Development Plat shall be amended to show an additional utility easement as required by Poudre Valley REA to run over-head power lines and an additional twenty-foot road right-of-way (total of fifty feet from the center line of Weld County Road 19) . 6. There shall be no fences, structures, or any other impediments placed on Tract D which will interfere with the care and maintenance or flow of water from the Challgren Lateral Ditch. The above and foregoing Resolution was, on motion duly made and seconded , adopted by the following vote on the 21st day of January, A.D. , 1987 . V BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY,/COLORADO Weld County Clerk and Recorder and Clerk to the Board Gar . c , airman ell C.W, Kirby. Pro em eputy County erk EXCUSED DATE OF SIGNING - AYE APPROVED AS TO FORM: Gene R. Brantner EXCUSED Jacqueline Johnson County Attorney F _ 1 870056 HEARING CERTIFICATION DOCKET NO. 86-80 RE: FINAL PLAN APPROVAL OF A PLANNED UNIT DEVELOPMENT - PFERD HIMMEL P.U.D. A public hearing was conducted on January 21, 1987, at 2:00 P.M. , with the following present: Commissioner Gordon E. Lacy, Chairman Commissioner C.W. Kirby, Pro-Tem Commissioner Gene Brantner Commissioner Jacqueline Johnson - Excused Commissioner Frank Yamaguchi Also present: Acting Clerk to the Board, Mary Reiff Assistant County Attorney, Bruce T. Barker Planning Department representative, Keith Schuett The following business was transacted: I hereby certify that pursuant to a notice dated December 15, 1986, and duly published December 18, 1986, in the Johnstown Breeze, a public hearing was conducted to consider approval of the Final Plan for the Pferd Himmel P.U.D. Chairman Lacy explained that, only four Commissioners being present, if this hearing should result in a tie vote the absent Commissioner would review the record and listen to the tape of this hearing prior to casting the deciding vote. Bruce Barker, Assistant County Attorney, made this matter of record. Keith Schuett, Planning Department representative, read the favorable recommendation, with six Conditions, into the record. Ken Lind, Attorney representing the applicant, came forward to answer questions of the Board and explain this Final Plan. Rick Hattman, of Hattman Engineering, explained the easement for the Poudre Valley REA which runs along one of the proposed lots and submitted Exhibit F, a plat map. After further comments were made by Mr. Lind, Adolph Winter requested that the Condition concerning the Challgren Lateral Ditch be read into the record again. He then stated that he had no objection to this proposal. Commissioner Kirby moved to approve the Final Plan of the Pferd Himmel P.U.D. , subject to the Conditions recommended by the Planning Commission. Commissioner Yamaguchi seconded the motion. After Commissioner Kirby expressed appreciation for the cooperation between the applicant and the Challgren Ditch Company, the motion carried unanimously. This Certification was approved on the 26th day of January, 1987. APPROVED: nn `� BOARD OF COUNTY COMMISSIONERS ATTESTf ( �Lr✓ WELD COUNTY, 0 Weld County clerk and Recorder and Clerk to the Board G cy an By: `. trn--n'; L ) /� � I De uty County Cle C.W. Kirby, Pro- EXCUSED DATE OF APPROVAL Gene R. Brantner TAPE 1187-10 EXCUSED Jacqueline Johnson DOCKET #86-80 aree PL0062 Fr uch ATTENDANCE RECORD TODAY ' S HEARINGS ARE AS FOLLOWS: JANUARY 21, 1987 DOCKET #86-83 - AMENDMENTS TO SECTION 11-2 OF SUBDIVISION REGULATIONS DOCKET #86-80 - FINAL PLAN - PFERD HIMMEL PUD DOCKET #87-2 - USR-DOG KENNEL (65 DOGS) HENRY J. & SUSAN J.K. BEECHER (T.J. KENNELS) DOCKET #87-1 - USR-CHURCH & SCHOOL, NEW CREATION MINISTRIES AND WORLD OUTREACH CHURCH PLEASE write or print legibly your name, address and the DOC # (as listed above) or the applicants name of the hearing you are attending. NAME ADDRESS HEARING ATTENDING L'77 (J.�1'L _ : /DSO .C` .w�i../f%z,r'1 / ,÷7-,--r) e.1.a�u;.4 , ,., ,.L L3 0 `, 1).1kl,(,ole..i e-n ?FIND IA' IMt1PL RA ll O A-Yk R6 -- Ain I �� '- C@�UPCff &7v) &:, tsit-,,,, 0„-iJAA-v" C., 2‘...., f-, Y21 2Q< .27 4r V III-2 t « 1E, tywcn J 71d-X . av \--)C P, v- 9 1 ti d,a 2 c, r Fop&. Iliedi ih f -Hi {:a. 1. ..., t Cr�.,t,, ( .A an„) (230 20 (A) C- NC/ 7 0 >(7 (` (o ?deg— c--- _____„-... ..,C iEc 41._ z2_Ol-ct Oci.ce, -1 i , 1�ow Ce th 6 iC-- 0' hL T 11 >x,E:. �,� EX �a. fl l� �, :, , C� os0» ca �- 6 NOT I C E Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Ordinance, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado, at the time specified. All persons in any manner interested in the following Final Plat of a Planned Unit Development are requested to attend and may be heard. Should the applicant or any interested party desire the presence of a court reporter to make a record of the proceedings, in addition to the taped record which will be kept during the hearing, the Clerk to the Board's Office can be contacted for a list of court reporters in the area. If a court reporter is obtained, the Clerk to the Board's Office shall be advised in writing of such action at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. BE IT ALSO KNOWN that the text and maps so certified by the Weld County Planning Commission may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. APPLICANT DOCKET NO. 86-80 Pferd Himmel P.U.D. c/o Kenneth Lind Lind & Ottenhoff, Attorneys at Law 1011 11th Avenue Greeley, Colorado 80631 DATE: January 21, 1987 TIME: 2:00 P.M. REQUEST: Final Plan approval of a Planned Unit Development LEGAL DESCRIPTION: Part of the SE} of Section 9, Township 6 North, Range 67 West of the 6th P.M., Weld County, Colorado LOCATION: Approximately 500 feet north of the city limits of Windsor, west of Weld County Road 19, and south of Weld County Road 72 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Mary Reiff, Deputy DATED: December 15, 1986 PUBLISHED: December 18, 1986, in the Johnstown Breeze ExmAir 4 NOTICE. AFFIDAVIT OF PUBLICATION Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Ordinance, a public hearing will be held in THE JOHNSTOWN BREEZE County e yaComm ofel theher Board of STATE OF COLORADO 1 Commissioners Wel of County 1 55 County, t . 91ld 0ty Centennial Center, 9t5 10th COUNTY OF WELD 1 Street,oa . Floor, Gcified. A persons e at the time any specified. Ma I, Clyde Briggs, do solemnly swear that I All In d nit Der interested in the following Final am publisher of The Johnstown Breeze; Peat rn t re red ute De- that the same is a weekly newspaper attend end may begheard t0 printed, in whole or in part, and published Should the applicant or any in the County of Weld, State of Colorado. interested party desire the and has a general circulation therein; that presence of a court reporter to make a record of proceed- said newspaper has been publishe d rags, In addition to the taped continuously and uninterruptedly in said record which will be kept during the hearing, the Clerk to the County of Weld for a period of more than Board's Office can be contacted for a list of court reporters in the (Iffy-two consecutive weeks prior to the area if a court reporter is first ublication of the annexed legal notice obtained,shall the Clerk tothe Board's p Office be advised tlast in awriting ys or advertisement; that said newspaper has of such action ri least eve days prior to the hearing-The canof been admitted to the United States mails as engaging a court reporter shall second-class matter under the provisions of be home by the requesting party. BE IT ALSO KNOWN that the the Act of March 3, 1879, or any text and maps so certified by the amendments thereof, and that said Weld County Planning Commis- sion newspaper is a weekly newspaper duly may be examined in the office of the Clerk to the Board ofC qualified for publishing legal notices and in hWeldCountyCommissioners, located in the County Centennial advertisements within the meaning of the. Center, 915 10th Street, Third laws of the State of Colorado. DOCKET O , NO. 86-80 Colorado That the annexed legal notice or advertise- ment NO. was published in the regular and APPLICANT entire issue of every number of said weekly c/o Pferd Lind Himmel O P.U.D. newspaper for the period of 1 consecu- Go Kenneth Lind f a s aw tive insertions; and that the first All nth h at Law ion 11td avenuepublication of said notice was t the issue Q Greeley, Colorado 80631 f said newspaper dated /2—+ A.D. IS, , DATE: January 21, 1987 - and that the last publication of said notice TIME: 2:00 P.M. was in the issue of said newspaper dated REQUEST:Final Plan approval of , A.D. 19 a Planned Unit Development In witness whereof I have hereunto set LEGAL DESCRIPTION: Part of my hand this day of P.c. `-- orth. of Section 9,West of Township A.D. 19..?.C 6 North, Weld 67 the 8th P.M. Weld County, Colorado ^ LOCATION: Approximately 500 °I feet north of the city limns of Publisher Windsor, ad�19,wand south dot Weld County Road 72 BOARD CIF COUNTY COMMISSIONERS Subscribed and sworn to before me, a WELD C NN, CALORADO Notary Public in and for the County o f BY: MARY ANN Weld, State of Colorado,Ihis .. day of FEUERSTEIN 4 �L.�ecit.D. 19 COUNTY CLERK AND (L RECORDER AND CLERK TO THE BOARD _ _44;2 G _� �� L 72 e-e--.-- BY: Mary Rein, Deputy r Notary Public BATED: December 15, 1986 PUBLISHED: December 18, 1986, In the Johnstown Breeze My commission expires s,., v _Y, . ..n8 ` ,, IY : AFFIDAVIT OF PUBLICATION STATE OF COLORADO ss. COUNTY Ceti— y OF WELD C 1, et i"a/ A/mn5 of said County of Weld, being duly sworn, say that I am office manager of THE WINDSOR BEACON,INC. - - a weekly newspaper having a general circulation in said NOTICE - ommissloner , uwated in the Weld..,, Pursuant,totlie zoning laws of the State of Centennial Center, 915 10th Street, Third County and State, published in the town of WINDSOR, in Colorado and the Weld County Zoning Floor,Greeley,Colorado. said County and State; and that the notice, of which the Ordinance.•piddle hearing will be held in DOCKET NO,86.80 APPLICANT annexed is a true c0 has been the Clambers of the Board: of County. Nerd Himmel PUS. PY, Cad-Wald County, Colorado. / Weld Ceowenhd Cane`' 918 jOth a me Lied&Otfenhof.A sattaw published in said weekly for SB°µ` successive time . AB hi any manner letiOoe weeks, that the notice was published in the regular and interested final Plat of• Ore•ieyCekrado 806Ji planned DATE:Jan it. 1987 - entire issue of every number of the paper during the period alarm and may squealed to TIME:2K0 P.M. and time of publication, and in the newspaper ro er and Should the REQUEST:Final Plat apron'of•Planned proper applicant or any interested unit Dev�e�loppm� ent. not in a supplement, and that the first publication of said party 4estwtS'psyenee of a court wpmter LEGAL W!r'RIPf ON; Pmt dtio-SEa. of notice was in said paper bearing the date of the to make a record of the p m n gs, Section 9,Township 6 North,Ramp 67 West addition to the taped record which will be of the 6th P.M.,Weld County,Co redo. I kept du'.1.• the hearing, the Clot to the LOCATION::Approalq•tery MO A.D., 19 y 7 Board's Odw an br,emtaaad.fet a gaf.M fgpr north of day of court reporter.in the area.If•court reporter the city Road of WIn ' west of Weld and the last publication bearing [ e date of the is obtains, the Clert:to the Board's Office County Rmd 19, and south of Wald County ad 72. shall be advised in writing of such action at BARD OF COUNTY COMMISSIONERS day of ,A.D., 19 least five days prior to the hearing.The cost WELDCOUNTY,COLORADO and that the said WINDSOR BEACON has been published of engaging seas repertershall be borne by BY:MARY ANNFEUE�RRSTEIN the requesting party. COUNTY CLERK ANDRECOROER continuously and uninterruptedly for the period of 52 BE IT ALSO KNOWN that the text and AND CLERK TO TIfBBOARD consecutive weeks, in said County and State, prior to the maps so certified by the Weld County BY:Mary Reiff,Deputy Planning Commission may be examined in DATED:December 15, 1986. date of first publication of said notice, and the same is a the office of the Clerk to the Board of County Published in the Windsor Beacon January 8, newspaper within the meaning of an Act to regulate printing 1987. of legal notices and advertisements, approved May 18, -_--- - — — - -- ----- - -- -- - - -- 1931, and all prior acts s far as in force. OFFICE MANAGER Subscribed a d sworn to before me this_))____C _day of -P.,Cf: . 19 fi 7 ' ' BI TARP/'PUBLIC My commission expires i17-t� 4, f 5%L� DATE: December 15 , 1986 TO: The Board of County Commissioners Weld County, Colorado FROM: Clerk to the Board Office Commissioners: If you have no objections , we have tentatively set the following hearing for the 21st day of January, 1987 , at 2: 00 P.M. Docket No. 86-80 - Pferd Himmel P.U.D. - Final Plan approval OFFICE OF THE CLE TO THE BOARD BY: 721 Deputy The above mentioned hearing date and hearing time may be scheduled on the agenda as stated above. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO v-- A/ ti ViatV. A L Vat (x.:3, SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING December 2, 1986 A regular meeting of the Weld County Planning Commission was held on November 18, 1986, in the County Commissioner's Hearing Room, Weld County Centennial Building, 915 Tenth Street, Greeley, Colorado. The meeting was called to order by the chairman, Jack Holman at 1:40 p.m. Tape 258 - Side 2 ROLL CALL Lydia Dunbar Absent - Called in Doug Graff Absent Ivan Gosnell Present LeAnn Reid Absent - Called in Louis Rademacher Present Lynn Brown Absent - Called in Paulette Weaver Present Ann Garrison Present Jack Holman Present Also present: Keith Schuett, Current Planner, Lee Morrison, Assistant County Attorney, and Bobbie Good, Secretary. A quorum was present. The summary of the last regular meeting of the Weld County Planning Commission held on November 18, 1986, was approved as distributed. CASE NUMBER: S-270:86:15 APPLICANT: Pherd Himmel (Ken Lind) REQUEST: Planned Unit Development Final Plan LEGAL DESCRIPTION: Part of the SE} of Section 9, T5N, R67W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 500 feet north of Windsor; north of Weld County Road 70 and west of Weld County Road 19 APPEARANCE: Ken Lind, Attorney, stated he is the authorized agent for Charles Callopy, property owner. Pherd Himmel means horse heaven. This is the final plan for a Planned Unit Development which includes the covenants. The town of Windsor has no objections to this request. There will be five lots, bridle paths, and open space. There are existing structures on lot one. There is a barn on Lot 2. All lots have access to the driveway, which accesses through Lot 1, and the bridle paths. Maintenance of common property will be done by the homeowner's association. The covenants will be filed before any lots are sold. Summary of the Weld County Planning Commission Meeting December 2, 1986 Page 2 He asked that Condition #5 pertaining to the thirty foot utility easement for Poudre Valley REA be amended to allow the width required by the REA for overhead power lines. AMENDMENT: Paulette Weaver moved Condition #5 be amended to read as follows: "5. Prior to recording the Final Planned Unit Development Plan, the Final Planned Unit Development Plat shall be amended to show an additional utility easement as required by Poudre Valley REA to run overhead power lines and an additional twenty (20) foot road right-of-way (total of fifty (50) feet from the center line of Weld County Road 19) ." Motion seconded by Louis Rademacher. The Chairman called for discussion from the members of the Planning Commission. Discussion followed. The Chairman asked the members of the Planning Commission for their decision. Motion carried unanimously. Rick Hattman, Hattman Engineering, showed pictures of the land along with engineered drawings of the ditch, canal, lots, bridle paths, and common open spaces. The natural drainage of the land will not be affected. According to the Planning Commission's request made at the time the application for a change of zone was applied for, the ditch will be protected by a woven wire fence with barbed wire on the top. The Chairman called for discussion from the members of the audience. Adolph Winter, surrounding property owner, stated he is the largest stock-holder in the Challgren Lateral ditch. He is not against this proposal as long as there are no buildings, structures, fences, posts, garbage dumps, parked vehicles, or any other device that may interfere with checking the ditch, and the maintenance, division, and delivery of irrigation water to his farm. He distributed pictures of the ditch. These were retained as evidence. He stated the ditch could not be cleaned with a fence running next to it. A structures on one of the lots is already an impediment to maintenance of the ditch. Ken Lind stated they would have no objection to not putting in a fence. Tape 259 - Side 1 Summary of the Weld County Planning Commission Meeting December 2, 1986 Page 3 AMENDMENT: Paulette Weaver moved Condition 86 be added to read as follows: "6. There shall be no fences, structures, or any other impediments placed on Tract D which will interfere with the care and maintainence or flow of water from the Challgren Lateral Ditch." Motion seconded by Ann Garrison. The Chairman called for discussion from the members of the Planning Commission. Discussion followed regarding the danger, to both the horse and rider, of having a bridle path fenced with with barbed wire. The Chairman asked the Planning Commission for their decision. Motion carried unanimously. The Chairman asked Keith Schuett to read the recommendations and conditions, as outlined by the Department of Planning Services staff, into the record. MOTION: Louis Rademacher moved Case Number S-270:86:15 for Pherd Himmel Planned Unit Development Final Plan be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for approval based upon the recommendations as outlined by the Department of Planning Services staff, the Conditions as outlined by the staff and amended by the Planning Commission, and the testimony heard by the Planning Commission. Motion seconded by Ann Garrison. The Chairman called for discussion from the members of the Planning Commission. Discussion followed. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Paulette Weaver - yes; Louis Rademacher - yes; Ivan Gosnell - yes; Ann Garrison - yes; Jack Holman - yes. Motion carried unanimously. CASE NUMBER: USR-766:86:47 APPLICANT: Saint Vrain Sanitation District REQUEST: Use by Special Review Permit for a major facility of a public utility (sewer treatment plant) LEGAL DESCRIPTION: Part of the W} E} of Section 31, T3N, R67W of the 6th P.M. , Weld County, Colorado LOCATION: East of Weld County Road 13 and north of Weld County Road 26 4 DEC 81986 BEFORE THE WELD COUNTY, COLORADO PLANNING COMMI N X >76-0 , c44.2a.,t i. cc RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Louis Rademacher that the following resolution be introduced for passage by the Weld County Planning Commission. Be it Resolved by the Weld County Planning Commission that the application for: CASE NUMBER: S-270:86: 14 NAME: Pherd Himmel, c/o Kenneth Lind, Lind & Ottenhoff, Attorneys at Law ADDRESS: 1011 11th Avenue, Greeley, CO 80631 REQUEST: Final Plat approval of a Planned Unit Development. LEGAL DESCRIPTION: Part of the SE} of Section 9, T6N, R67W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 500 feet north of the city limits of Windsor, west of Weld County Road 19, and south of Weld County Road 72. be recommended favorably to the Board of County Commissioners for the following reasons: 1. The submitted materials are in compliance with application requirements of Section 28.5.3 of the Weld County Zoning Ordinance. 2. It is the opinion of the Weld County Planning Commission that the applicant has shown compliance with Section 28.3.2 of the Weld County Zoning Ordinance as follows: - The proposal is consistent with the Weld County Comprehensive Plan. On August 20, 1986, the Board of County Commissioners approved the subject Planned Unit Development District because the application did meet the required criteria of the Weld County Zoning Ordinance; - The Final Planned Unit Development Plan conforms to the Planned Unit Development District in which it is proposed to be located; - The uses, buildings, and structures permitted shall 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 plans of affected municipalities. The Town of Windsor in its November 7, 1986, Referral Response stated that this request does company with the Comprehensive Plan; £4iil3i7 B. Pherd Himmel S-270:86:14 Page 2 - The Final Planned Unit Development Plan conforms with the Performance Standards outlined in Section 35.3 of the Weld County Zoning Ordinance; and - The Final Planned Unit Development Plan conforms with Section 50, of the Weld County Zoning Ordinance. These determinations are based, in part, upon a review of the information submitted by the applicant, other relevant information regarding this request and responses of referral entities which have reviewed the request. The Planning Commission's recommendation for approval is conditional upon the following: 1. The site shall be determined to be suitable for individual septic disposal systems by the Weld County Health Department. The individual septic systems shall be installed, consistent with the requirements of the Weld County Individual Sewage Disposal System Regulations and Section 8-9 of the Weld County Subdivision Regulations. 2. The North Weld County Water District shall provide the water supply to the Planned Unit Development District. The water supply system shall be provided, consistent with the requirements of Section 8-10 of the Weld county Subdivision Regulations, pursuant to public water supply systems and fire safety requirements. 3. The applicant, developer and/or homeowner's association shall provide and maintain all internal roads, open space and bridle paths within the Planned Unit Development District. Roads internal to the Planned Unit Development District shall remain private and must comply with the Design Standards listed in Section 8-2 of the Weld County Subdivision Regulations. 4. The three conditions as stated above shall appear as notes on the Planned Unit Development plat. 5. Prior to recording the Final Planned Unit Development Plan, the Final Planned Unit Development Plat shall be amended to show an additional utility easement as required by Poudre Valley REA to run over-head power lines and an additional twenty (20) foot road right-of-way (total of fifty (50) feet from the center line of Weld County Road 19) . 6. There shall be no fences, structures, or any other impediments placed on Tract D which will interfere with the care and maintainence or flow of water from the Challgren Lateral ditch. Pherd Himmel S-270:86:14 Page 3 Motion seconded by Ann Garrison. VOTE: For Passage Against Passage Paulette Weaver Louis Rademacher Ivan Gosnell Ann Garrison Jack Holman The Chairman declared the resolution passed and ordered that a certified copy be forwarded with the tile of this case to the Board of County Commissioners for further proceedings. CERTIFICATION OF COPY I, Bobbie Good, Recording Secretary of the Weld County Planning Commission, do hereby certify that the above and foregoing Resolution is a true copy of the Resolution of the Planning Commission of Weld County, Colorado, adopted on December 2, 1986, and recorded in Book No. X of the proceedings of the said Planning Commission. Dated the 3rd day of Devember, 1986. Bobbie Good Secretary INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION Case Number tS 2 7e2: 76/:45------ Submitted or Prepared Prior to Hearing At Hearing 1. Application Pages 2. Application plat(s) page(s) 3. DPS Referral .Summary Sheet 4. DPS Recommendation • • 5. DPS Surrounding Propery Owner Mailing List 6. DPS Mineral Owners Mailing List v 7. �1� DPS Maps Prepared by Planning Technician / 8. DPS Notice of Hearing 9. DPS Case Summary Sheet 10. DPS Field Check q/ 11. /ert0/? FX097 /JJr/}Gl/ Lid/ter oldie/ D ante- (, /9t6 12. G "/vies ma,41 cii.e/f i1" o`+o: py'2j9l;r</t 9S 13. fca,P�le-ave 7/4/Nod frc ,',e,» Dka/xheitehry' 1� I 14. 61.07/RFs/o,�e 1271-d it-/V16-,y arc. Grog) T � 7��6/rh a ar � let '� 14"/° f / !o. !/ is.WS/triS /,,.,o �,�oMtre iA �-e////-e "U� Fain /ur-.$f r 16451(.451(.44/4:54) �`a/etw5 debo.v D.sf�rcr y 17. pfff///�P/s/oA' Plit/ IF 1 a� F,Pan w,4 TwN F a 1p i/ egriPB/i/5s44/si�f�,/ // 7 �6 ��°�' 18. t/D /l-d sre fit*" Noth�.n, �� / • 19. b`lR�/ ��hxf e/✓ �J y 471 / re wit- �7u�P� I- 20. perildl x� i z9//-?-n F100 I hereby certify that the c920 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commission hearing. I further certify tha these items were forwarded to the Clerk to the Board's office on /Z/jam 06- 19 V .IG�nner /-� se C rent Planner STATE OF COLORADO ) COUNTY OF WELD ) SUBSCRIBED AND SWORN TO BEFORE ME THIS '3-'1) DAY 19 =L' 2 SEAL • /nJ NOTARY PUBLIC Exins,r NY COMMISSION o, F My Commission Expires Feb. 13, 1989 ,// (,/,/'I��EX✓HIBI/T/INVENTORY CONTROL SHEET Case / (/JZ�CJ J �a!1 " YS�t'Ccv "1611, Exhibit Submitted By Exhibit Description B• 17t22.5, ✓fllZlii.d_diryt,D. CLLu r✓ /dCo717�J1.��J�� 42/ / ' p F. G. H. I. J. R. L. M. N. 0. LAND-USE APPLICATION SUMMARY SHEET Date: November 25, 1986 CASE NUMBER: S-270:86:15 NAME: Pherd Himmel, c/o Kenneth Lind ADDRESS: Ken Lind, Lind and Ottenhoff, Attorneys at Law, 1011 Eleventh Avenue, Greeley, CO 80631 REQUEST: Planned Unit Development Final Plat - LEGAL DESCRIPTION: Part of the SE} of Section 9, T6N, R67W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 500 feet north of Windsor City Limits; west of Weld County Road 19 and south of Weld County Road 72 SIZE OF PARCEL: 22.11 acres, more or less POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The criteria for review is listed in Section 28.3.2.1 of the Weld County Zoning Ordinance. A copy of this section of the Zoning Ordinance is included with the summary packet. The Weld County Utilities Coordinating Advisory Committee, in its November 20th Meeting, recommended approval conditional upon the plat showing a 30 foot easement for the Poudre Valley REA overhead power line and an additional 20 foot (total of 50 feet from the centerline of Weld County Road 19) road right-of-way prior to recording of the final plat. A referral response from the Weld County Engineering Department received on November 18, 1986, addressed specific concerns. A copy of this referral response is included in this Land Use Summary packet. The Department of Planning Services staff has received no objections to this proposal from surrounding property owners. C DEPART INC = PLAN( 3 SERVICES y ,tr , PHONE(303)356-4000 EXT.4400 915 10th STREET I GREELEY,COLORADO 80631 kv v'.`. tttfr 4y ,y,_ COLORADO NOTICE OF PUBLIC HEARING The Weld County Planning Commission will conduct a public hearing on December 2, 1986 at 1:30 p.m. to review a request for approval of a Planned Unit Development Plan from Pherd Himmel c/o Kenneth F. Lind, the parcel of land is described as part of the SE} of Section 9, T6N, R67W of the 6th P.M., Weld County, Colorado, containing 22.11 acres, more or less. The property is located approximately 500' north of Windsor city limits, north of Weld County Road 70, and west of Weld County Road 19. The public hearing to be held by the Weld County Planning Commission for the consideration of the above referenced request will be conducted in the Weld County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 915 Tenth Street, Room 342, Greeley, Colorado 80631, before the above date or presented at the public hearing on December 2, 1986. Copies of the application are available for public inspection in the Department of Planning Services, Room 342, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado, - Phone - 356-4000, Extension 4400. Jack Holman, Chairman Weld County Planning Commission To be published in the Johnstown Breeze To be published one (1) time by November 21, 1986 /Received by•( �L cIt(incyt,,7 Date: U I/(/ /0 ) dr-6 '14 • K IL: 440 P P �I,� aj I it � ., 1 >-•.\ •e wf„pyl gl2o xi °M' 22 9 '�233� 20 2' 22 '23, . °3' �c e [ _ 1 • 22 ' t G 30 z• r 23 L29• • I• • . 2E >0 ° 23. 2• {••1 Y W 0 J ✓ • \ 0 EG s 1, IEFN° 1 FdILM<✓ Sy ur 1 "‘1'1."");;,r F r.l� 4e 4R4NL P z° lilt' s t 1 °J l tp�t I RY na 7. • ..hr ='P ••;)- �. .. 1 [ 1;.. .15 b I. 3;1: ?�-'..riS11 y h.11\... pC ° ., L Ip�u."'.�(._'°.: �` ) y •L. 0045•••• iv °•a• ,S • Cp 1 •▪• LY . . . a ® . 3 , liegaigct •��• Q • • la. • T �� )� l . .oni,F :o! lam. V • s. °. / K • CY p I I .• A. • • a%.,!Y • e Cie ' • 11, vF •• 1 1_ 6l ?rl• ;( . . .2 t, le : lb G o� ' I r:�'ir�'. • •n `1AN1. L3 ;2r P -Yr . • 1 ° • . .Tw ' . ••a •• 'G .O I�-ui-,. ' �11. •°3110 ° I I S V LUCERNE H ▪ • �� N R • �.rop3 • J . •!• 'I 7 TNmn It z z. 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L11 0 �P /�-4790 � q 1 21 v �e�/ 22 'Vr.„ � a l �zso� , 2 co[ �� I� 1 WINOrSO . 8 R��O U /793 4 -CITY WM —/— -0>r0 '-------__ -J k 9770 • IIT 0 V . o'rSewage sposal„o Di �/ • , -. - & 0 Plant 8M 4774 ' r 4766 4768, .._ •• ,9»O ' 7�- I 'oa ,C 4760 --_- .a,6a t.. ;E 2.,e,.22.,e,.2f ♦ t .m z ink\ 29 � 28 1 27 --' 27 %-s, f y .,1 :•,•44f.`:'•'•u- icr, Ni)+ r r dA�y .y,r '7•;-"Pf •e. k.x :< < y ..iii7 ` y ,.,i'4 y.r yty A{ 4#'gq5' L s ;`jj'•A,�'x r Ji .. t 9 a • .. • r wf tTtcv e. t. i ' • T' Y '' II. t , .'Af SS 1 is 2 , s i • • •I"' f + 'T * ;r � ki 41 .'...g.7.71:414.2,?..,, µ.. a s 5 ...14 t 1 .11 a.'M (, >�t `:M ktfax y$ aq~ , � {₹' ' i -1'.477::•22714.1,,:a.4;.:y ra• °r•� )'7 • c s ! "{�j � Y Y :4; "• pt S " < . Y:. ff e. Y p �' " 02.4 s r k n :Z TA rc24".t 'f r'* ,Yt aw yw 3 N tsii j'k>kL fi g a r k { '� Y .`A'' *' r 1..%•‘•,_y�ra{ r r,:.,l #y 4A't• nr ^".://-A:2.•,, F tc =1 R S >-nkl .fit yy {�►: ....,r,. - • w.'. • • f • • ce YF • 11 11 3•• C fY r• J o et • i y.e .nyw ,t4P :; r ""•4.• s.kE' , �5 '-w.y'hcS t •. w ° $ ter.>r r - kYT4x > Ipy> 'r}� 'fur-eF> 1_ rt fr•yn i«.•-.,,1,04.4.1...4.4. YtA�� 1V _..aa i c c of, ;3°.IKNS$L 1....:..a , FIELD CHECK FILING NUMBER: S-259:86:4 DATE OF INSPECTION: March 7, 1986 NAME: Pferd Hilmmel REQUEST: A Planned Unit Development for R-1 (Residential-One) uses LEGAL DESCRIPTION: Part of the SE}, Section 9, T6N, R67W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 500 feet north of Windsor City Limits LAND USE: N Cropland E Weld County Road 19, farmland, pasture S Cropland W Cropland ZONING: N Agricultural E Agricultural S Windsor City Limits W Agricultural COMMENTS: There is an existing access to proposed Lot 1 from Weld County Road 19, a paved road; there is a residence and outbuildings located here. A second access to the site exists where the proposed street is to be located. The property is quite varied in slope; generally elevated to the south and much lower to the north. The majority of the site is idle farmland. A cluster of 6 or more homes exists across Weld County Road 19, southeast of the property. By: REFERRAL LIST APPLICANT: Pherd Himmel c/o Ken Lind CASE NUMBER: S-270:86:15 SENT REFERRALS OUT: REFERRALS TO BE RECEIVED BY: November 17, 1986 NO SR NR NO SR NR X County Attorney r X North Weld Colorado Water Dist. c/o Ken Whitmore X Weld County Health Dept. P.O. Box 679 Loveland, CO 80537 VX Engineering Department x Windsor Planning Department c/o Janet Lathrop P.O. Box 627 Windsor, c0 80550 X Colorado Geological Survey c/o Lou Ladwig 1313 Sherman, Room 715 Denver, CO 80203 X Windsor-Severence Fire Protection District P.O. Box 308 Windsor, CO 80550 X Greeley Soil Conservation District _ 4302 9th Street Road Greeley, CO 80631 X Doug Graff Weld County Planning Commission 3115 Grandview Drive Greeley, CO 80631 X Lake Canal Company c/o Robert Oehsnor 6113 East County Road 36 Fort Collins, CO 80521 X Mountain Bell c/o George Mai 12680 Weld County Road 58 Greeley, CO 80634 X Poudre Valley REA 4809 South College Avenue Fort Collins, CO 80521 NO=No Objection SR=Specific Recommendations NR=No Response C C 4 fI6D MEMORAIIDUM Wl`IP� Keith Schuett To --`-- Current Planner Date November j.8, 1986 COLORADO From Drew L. Scheltinga, County Engineer Subject: Pherd Himmel , P.U.D. As a section line road Weld County Road 19 will be a major transportation link in the development of the Windsor area. Eventually, it will require improvements and widening. Therefore, an additional 20' of right-of-way should be dedicated on the west side of the existing 30' right-of-way. Normally, I would object to a private road. However, since Tract A serves only 3 lots and will not be a thru street in the future, I think a private road could be allowed. It should be noted in the special conditions and on the P.U.D. plat, Weld County will not be responsible for any maintenance on Tract A. The applicant should realize that financing can be adversely affected when properties are not served by publicly maintained roads. The 21" culvert extension proposed at Sta. 5+00 drains approximately a square mile. It will not be Weld County's responsibility to replace the culvert or repair the road after a storm. However, the applicant should address the likelyhood of storm damage. DLS/bf scicr ?Isla Cu. Vi<omu: c�.:rsui�ssiso ' YY DEPAR, ENT OP PLANNING SERVICES l I p�.� PHONE(303)3564000 EXT.4400 �-• 915 10th STREET GREELEY, COLORADO 80631 k41 '2 • COLORADO CASE NUMBER S-270:86:15 November 3, 1986 TO WHOM IT MAY CONCERN: Enclosed is an application from Pherd Himmel c/o Kenneth F. Lind for a Planned Unit Development final plat. The parcel of land is described as part of the SE} of Section 9, T6N, R67W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 500' north of Windsor city limits, north of Weld County Road 70, and west of Weld County Road 19. This application is submitted to your office for review and recommendations. Any comments or recommendations you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the proposal and will ensure prompt consideration of your recommendations. If a- response from your office is not received within fourteen (14) days of mailing from our office, it may be interpreted to mean approval by your office. If you are unable to respond within the fourteen (14) days (but wish to do so at a later date) please notify our office to that effect. Check the appropriate boxes below and return to our address listed above. Please reply by November 17, 1986, so that we may give full consideration to your recommendation. Thank you very much for your help and cooperation in this matter. 1. We have reviewed the proposal and find no conflicts with our interests. 2. A formal recommendation is under consideration and will be submitted prior to 3. x (\P ea e‘ refer to the enclosed letter. \ , .- ' Signed: ' �,o �y,A, s - — Agency: L7—m�,,�.�,- Date: '1 11 , 7‘74/0' _c- ,4f Keith A. Schuett Current Planner PCTRRQU1WING PROPERTY OWNERS S-270:86:15 GNS Corporation c/o Roger Gump 3960 South Bellaire Street Englewood, CO 80110 AMIGO FARMS, INC. P.O. Box 60 Milliken, CO 80543 Carl F. and Dorothy Breniman, et al 33772 Highway 257 Milliken CO 80543 Raymond F. and Gloria A. Winder 24681 Weld County Road 19 Windsor, CO 80550 Anna Winder P.O. Box 1920 Windsor, CO 80550 Hergert Ltd. Partnership #4 36652 Weld County Road 23 Windsor, CO 80550 Norman L. and Georgia C. Johnson 8120 Weld County Road 72 Windsor, CO 80550 Marilyn R. DiTienne 10481 Weld County Road 66 Windsor, CO 80550 Ronald D. and Charlyne A. Kruger P.O. Box 878 Windsor, CO 80550 John L. and June K. Paral 9125 Weld County Road 70 Windsor, CO 80550 I 1 SURROUNDING MINERAL OWNERS Pherd Himmel S-270:86:15 Arthur L. Owen 2000 Mercantile Commerce Building Dallax, TX 75201 Petro Pacific Resources, Inc. 1201 Dove Street, Suite 510 Newport Beach, CA 92660 Jackass Partners c/o Frontier Silver Mines Corp. General Partner 520 112 Avenue N.E. Bellvue, WA 98004 Patrick Petroleum Company 950 Seventeenth Street, Suite 1655 Denver, c0 80202 Hartex Oil and Gas Program 1980-1 98 Inverness Drive East Englewood, CO 80112 Jane Ray Dietrich 253 Tollhill East 5440 Harvest Hill Road Dallas, TX 75230 Gwen Davis 502 Tiffany Richardson, TX 75081 Brooks Exploration, Inc. 600 17th Street, Suite 2115-South Denver, CO 80202 Atlantic Oil Corporation 1825 Lawrence Street #322 Denver, CO 80202 F. M. Stevenson 3400 Anaconda Tower Denver, CO 80202 Roberts Oil and Gas One West Loop S. Houston, Tx 77027 l � Page 2 Patrick Limited Partnership #3 744 Michigan Avenue Jackson, MI 49201 Ladd Petroleum Corp. Suite 830 Denver Club Building 518 17th Street Denver, CO 80202 May Energy Partnership One Lincoln Centre 5400 LBJ Freeway LB8 Dallas, TX 75240 Barbara Bogy Thomas c/o Weld County District Court Clerk Re: Case No. 83-PR-29 9th Avenue and 9th Street Greeley, CO 80631 28.3.1 . 1.5 That STREET or highway facilities providing access to the property are adequate in size to meet the requirements of the proposed zone district. In the event that the STREET or highway facilities are not properly sized and are planned to be properly sized in the future, in conformance with the Weld County Thoroughfare Plan or in conformance with the MASTER PLANS of affected municipalities, the applicant may either wait to secure the rezoning until the improvements are made by the appropriate unit of government or the applicant may express a willingness to upgrade the STREET or highway facilities at his own expense in order to expedite approval of the requested change of zone. In the latter event, it will be necessary for the applicant to either construct the necessary improvements before the building permits are issued, or submit suitable performance guarantees to Weld County to ensure construction of the required STREET or highway facility improvements. 28.3. 1. 1 .6 That there has been compliance with the applicable requirements contained in Section 21.5. 1.5 of this Ordinance. 28.3.1.2 The Secretary of the Planning Commission shall forward the official recommendation of the Planning Commission and the information contained in the official record, which includes the Department of Planning Services case file, to the Board of County Commissioners within ten (10) days after said recommendation has been made. 28.3. 1 .3 If the Planning Commission recommendation is conditional upon the applicant completing certain specified items prior to the publication of the notice for the hearing by the Board of County Commissioners, then the ten (10) day period shall commence upon submission of the items by the -' applicant to the Department of Planning Services. 28.3.2 PUD Plan 28.3.2. 1 The Planning Commission shall hold a public hearing to consider a PUD Plan application. The Planning Commission may review a PUD Plan concurrently with applications for a change of zone to a PUD District; for any Overlay District Permit; or for a Supplemental District Regulation. If a PUD Plan is applied for concurrently with a PUD District -application in which the PUD Plan is to be located, the Planning Commission shall review the PUP District application prior to the 20-59 PUD Plan application. The Planning Commission shall provide recommendations to the Board of County Commissioners concerning the disposition of the requested PUD Plan. Such recommendations shall be made within sixty (60) days of the initial hearing date. The Planning Commission shall recommend approval of the request for the PUD Plan unless it finds that the applicant has not met one or more of the applicable requirements or conditions of Sections 28.3.2. 1 , 28.5 and 28.6. The applicant has the burden of proof to show that the standards .and conditions of Sections 28.3.2, 28.5 and 28.6 are met. The applicant shall demonstrate: 28.3.2. 1 . 1 That the proposal is consistent with the Weld County Comprehensive Plan. 28.3.2. 1.2 That the proposed PUD Plan conforms to the PUD District in which it is proposed to he located. 28.3.2. 1.3 That the USES, BUILDINGS, and STRUCTURES which would be permitted shall 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. 28.3.2. 1.4 That there has been conformance with the Performance Standards outlined in Section 35.3. 28.3.2. 1.5 That there has been compliance with the Weld County Zoning Ordinance, Section 50, Overlay Districts if the proposal is located within any Overlay District Area identified by maps officially adopted by Weld County. 28.3.2. 1.6 That there has been compliance with the submittal requirements of the PUD Plan, and that the PUD Plat and the Supporting Documents satisfy the legitimate concerns of the Planning Commission. 28.3.2.2 The Secretary of the Planning Commission shall forward the official recommendation of the Planning Commission and the information contained in the official record, which includes the Department of Planning Services case file, to the Clerk to the Board of County Commissioners within ten (10) days after said recommendation has been made. 28.3. 2.3 If the Planning Commission recommendation is conditional upon the applicant completing certain 20-60 I specified items prior to the publication of the notice for the hearing by the Board of County Commissioners, then the ten (10) day period shall commence upon submission of the items by the applicant to the Department of Planning Services. 28.4 Duties of the Office of the Board of County Commissioners. The Board of County Commissioners shall hold a public hearing to consider an application for a change of zone to a PUD District or an application for a PUD Plan. The Board shall not approve any PUD application without written consent of the landowners whose — properties are included within the proposed PUD District. El28.4. 1 Change of Zone to a PUD District 28.4. 1. 1 Upon receipt of the Planning Commission recommendation, the Office of the Board of County Commissioners shall institute the procedures contained in Section 21.6. 1 of this Ordinance. 28.4.1.2 The Board of County Commissioners shall hold a public hearing to consider the application and to take final action thereon. The Board shall make a decision on the application within sixty (60) days of the initial hearing date. In making a decision on the proposed change of zone, the Board shall N consider the recommendation of the Planning Commission, and from the facts presented at the public hearing and the information contained in the official record, which includes the Department of Planning Services case file, the Board of County Commissioners shall approve the request for the change of zone to a PUD District unless it finds that the applicant has not met one or more of the applicable requirements or conditions of Sections 28.4. 1.2, 28.5 and 28.6. The applicant has the burden of proof to show that the standards and conditions of Sections 28.4. 1 .2, 28.5 and 28.6 are met. The applicant shall demonstrate: 28.4. 1 .2.1 That the proposal is consistent with the Weld County Comprehensive Plan. 28.4. 1.2.2 That the USES which would he allowed on the subject property will conform to the Performance Standards of the PUD District contained in Section 35.3 of this Ordinance. 28.4. 1.2.3 That the USES which would be permitted shall 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 p PLANS of affected municipalities. 20-61 .. .ry. ; ._ q..,•f L ], 1 i �• ~ � - { N i 'Vie- -t.ffraiii „-P.- '31'10' 1[110' i i' • h F \ _ -. " ! J y- .4:7 f I � �� • , ', �� Sal " w A 1 ' N :- . • • • // 115iy- .r .i r • r7x--mss 1 ».A • ' • '1 r ,L '1"14 ' It) .r {(� r p i ...• r I•} , i y • �' v } ts i t ' ' K • ' "•-.- ( }". rfyn+up .J_ .b • �S` •/ t"1. ! g y 1' 4 roc y i i sy r'"t ,, ‘ Pia .. . Ai . . C am' 1 :11;11-„I• i' . C� 1 'i ;" b• i! it 1 Y t'If 14 1 tt[ *-1911.:-1 .., i� 1 s�tY: I"'1� 5 — '1. 1410,, , 1 ; . �5r 4I V - 1 AI i a 4 1 . ... "•tr vy'l�'1/8'alt it I ...........„.;;. . ..• e 44,..tor.,. ..,.4,,p..„4,,. ..i„?..,....,.. . .„... ‘ , . • ii.,., ... _ . , . '''L' ` •I ➢ � 5 t, r . 4 ' a. .. `1 1 V :n^ 4 ! 5.'. ti{ 1 H e Y • ....... . ..... t\- 1 .. 1 I � � -r..� ,. ,� ,�'3y�..►,r r 'rte ;" 7,1::: :,1` y 1 k /' r `_7'24 C i s;,' l yn M:,g,'Fr tf "� fa,'1.1.11/4t, ' M ► TO Tti2 WF,LD COUNTY PLANNI O COMMISSION • My name is Adolph ':'inter, the largest stock-holder in the Challgren Lateral ditch, conveying Lake Canal, Windsor Reservoir, and N.C.District water to my farm. My entry in this descussion as to granting of said Planned .United Development in part of the SE . of Section 9, T6N,R67W of the 6th P.M. , Veld County,Colorado, is to ask that protection of - my water delivery in. the Challgren Lateral- ditch around above,. . . said property be included in the grant of the unit development. _Zequest as follows: That no buildings, structures, fences, posts, garbage dumps, parked vehicles, or any other device that may interfere with any intering on said :property with the intont of checking the condition of the ditch, maintenance, division and delivery of irrigation :rater to my farm, shall be allowed with in 50 feet of the canter of Challgren Lateral ditcn. /,/• ////' • Adolp Winter December 2, 1986 . l.0 L to U - ,..J-4-0 \F1c,WQJ&3 C DEPAR( ,ENT OF PLANNING SERVICES {a$ �r u (5,-„,s. 4 s PHONE(303)356-4000 EXT.4400 915 10th STREET 1 ; GREELEY,COLORADO 80631 tNOV 04 1985' COLORADO CASE NUMBER S-270:86:15 November 3, 1986 TO WHOM IT MAY CONCERN: Enclosed is an application from Pherd Himmel c/o Kenneth F. Lind for a Planned Unit Development final plat. The parcel of land is described as part of the SE} of Section 9, T6N, R67W of the 6th P.M., Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 500' north of Windsor city limits, north of Weld County Road 70, and west of Weld County Road 19. This application is submitted to your office for review and recommendations. Any comments or recommendations you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the proposal and will ensure prompt consideration of your recommendations. If a response from your office is not received within fourteen (14) days of mailing from our office, it may be interpreted to mean approval by your office. If you are unable to respond within the fourteen (14) days (but wish to do so at a later date) please notify our office to that effect. Check the appropriate boxes below and return to our address listed above. Please reply by November 17, 1986, so that we may give full consideration to your recommends ion. Thank you very much for your help and cooperation in this matter. 1. We have reviewed the proposal and find no conflicts with our interests. 2. A formal recommendation is under consideration and will be submitted prior to . 3. Please refer to the enclosed letter.Signed: AiL/1 Agency: _ Date: /(— 1/21-8 7,6 -7— '-eK '" l�ll ri tiv r � I?r- II Keith A. Schuett Ii Z �t ul 'i Current Planner (� _ 1 l `',il� IoVC �� Vain Co. ?taii 'i unuimiss up DEPAR\N .ENT OF PLANNING SERVICES Y i �� PHONE(303)356-4000 EXT.-4400 Ayyy, 915 10th STREET Q ��jR� l GREELEY,COLORADO 80631 tit d AIL sr COLORADO CASE NUMBER S-270:86:15 November 3, 1986 TO WHOM IT MAY CONCERN: Enclosed is an application from Pherd Himmel c/o Kenneth F. Lind for a Planned Unit Development final plat. The parcel of land is described as part of the SE} of Section 9, T6N, R67W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 500' north of Windsor city limits, north of Weld County Road 70, and west of Weld County Road 19. This application is submitted to your office for review and recommendations. Any comments or recommendations you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the proposal and will ensure prompt consideration of your recommendations. If a response from your office is not received within fourteen (14) days of mailing from our office, it may be interpreted to mean approval by your office. If you are unable to respond within the fourteen (14) days (but wish to do so at a later date) please notify our office to that effect. Check the appropriate boxes below and return to our address listed above. Please reply by/November 17, 1986, so that we may give full consideration to your recommen//ation. Thank you very much for your help and cooperation in this matter. 1. i/ We have reviewed the proposal and find no conflicts with our interests. 2. A formal recommendation is under consideration and will be submitted prior to . 3. Please ,refer to—the enclosed letter. Signed 4.-e. '7-'1 i-72:,,,,_---=:-,-, Agency: %f'�-( llG,` c ` Date: //-i0 -rc Keith A. Schuett IU* Z; Current Planner I i'r _ _ ?, LlJ DEPAR1 =NT OF PLANNING SERVICES PHONE(303)356-4000 EXT. 1400 N'e,�rrT,�� 915 10th STE EET lx7 )` GREELEY, COLORADO 8.631 J • q { x PY pp 5 j or Y CASE NUMBER S-270:86:15 November 3, 1986 TO WHOM IT MAY CONCERN: Enclosed is an application from Pherd Himmel c/o Kenneth F. Lind for a Planned Unic Development final plat. The parcel of land is described as part of the SE} of Section 9, T6N, R67W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 500' north of Windsor city limits, north of Weld County Road 70, and west of Weld County Road 19. This application is submitted to your office for review and recommendations. Any comments or recommendations you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the proposal and will ensure prompt consideration of your recommendations. If a response from your office is not received within fourteen (14) days of mailing from our office, it may be interpreted to mean approval by your office. If you are unable to respond within the fourteen (14) days (but wish to do so at a later date) please notify our office to that effect. Check the appropriate boxes below and return to our address listed above. Please reply by November 17, 1986, so that we may give full consideration to your recommendation. Thank you very much for your help and cooperation in this matter. 1. We have reviewed the proposal and find no conflicts with our interests. 2. A formal recommendation is under consideration and will be submitted prior to 3. Please refer to the enclosed letter. Signed: Agency: Date: -7-1/ e>ff Keith A. Schuett Current Planner ri DEPARTMENT OF PLANNING SERVICES l s` _s PHONE(303)3564000 EXT.4400 915 10th STREET GREELEY,COLORADO 80631 1 O • CASE NUMBER S-270:86: 15 COLORADO November 3, 1986 TO WHOM IT MAY CONCERN: Enclosed is an application from Pherd Himmel c/o Kenneth F. Lind for a Planned Unit Development final plat. The parcel of land is described as part of the SE} of Section 9, T6N, R67W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 500' north of Windsor city limits, north of Weld County Road 70, and west of Weld County Road 19. This application is submitted to your office for review and recommendations. Any comments or recommendations you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the proposal and will ensure prompt consideration of your recommendations. If a response from your office is not received within fourteen (14) days of mailing from our office, it may be interpreted to mean approval by your office. If you are unable to respond within fourteen (14) days (but wish to do so at a later date) please notify our office to that effect. Check the appropriate boxes below and return to our address listed above. Please reply by November 17, 1986, so that we may give full consideration to your recommendation. 1. We have reviewed this request and find that the request (does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. A formal recommendation is under consideration and will be submitted to you prior to: 4. Please refer to the enclosed letter. Signed: Agency: Date: Thank you very much for your help and cooperation in this matter. e, / ,- t / with A. Schuett Current Planner DEPAR} ENT OF PLANNING SERVICES 3� so l PHONE(303)3564000 EXT. 4400 i'!I 915 10th STREET GREELEY,COLORADO 80631 iti.....Ilr; �Ir.Nil .47S,.:r• COLORADO CASE NUMBER S-270:86:15 November 3, 1986 TO WHOM IT MAY CONCERN: Enclosed is an application from Pherd Himmel c/o Kenneth F. Lind for a Planned Unit Development final plat. The parcel of land is described as part of the SE} of Section 9, T6N, R67W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 500' north of Windsor city limits, north of Weld County Road 70, and west of Weld County Road 19. This application is submitted to your office for review and recommendations. Any comments or recommendations you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the proposal and will ensure prompt consideration of your recommendations. If a response from your office is not received within fourteen (14) days of mailing from our office, it may be interpreted to mean approval by your office. If you are unable to respond within the fourteen (14) days (but wish to do so at a later date) please notify our office to that effect. Check the appropriate boxes below and return to our address listed above. Please reply by November 17, 1986, so that we may give full consideration to your recommendation. Thank you very much for your help and cooperation in this matter. - 1. We have reviewed the proposal and find no conflicts with our interests. 2. A formal recommendation is under consideration and will be submitted prior to . 3.__ Please refer to the enclosed letter. Signed_. 3��cJr; c�tc- t: Agency:tU r1,-ficct� ccADate: //—/c—,)-6# /fly 714K72,-fri Keith A. Schuett __ `_' ✓� l Current Planner �I''— �,I RCA CO. i'l linin, ,.i,imiSt11Gi, DEPAR( ENT OF PLANNING SERVICES VY x PHONE(303)3564000 EXT. 4400 V/ 915 10th STREET l ;ate„ X1/7 p, GREELEY, COLORADO 80631 jII it ' I ®. i dl Co, `c afllllfi IJC,nuns'j l COLORADO CASE NUMBER S-270:86: 15 November 3, 1986 TO t.'HOM IT MAY CONCERN: Enclosed is an application from Pherd Himmel c/o Kenneth F. Lind for a Planned Unit Development final plat. The parcel of land is described as part of the SE} of Section 9, T6N, R67W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 500' north of Windsor city limits, north of Weld County Road 70, and west of Weld County Road 19. This application is submitted to your office for review and recommendations. Any comments or recommendations you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the proposal and will ensure prompt consideration of your recommendations. If a response from your office is not received within fourteen (14) days of mailing from our office, it may be interpreted to mean approval by your office. If you are unable to respond within the fourteen (14) days (but wish to do so at a later date) please notify our office to that effect. Check the appropriate boxes below and return to our address listed above. Please reply by November 17, 1986, so that we may give full consideration to your recommendation. Thank you very much for your help and cooperation in this matter. 1. /1 We have reviewed the proposal and find no conflicts with our interests. 2. A formal recommendation is under consideration and will be submitted prior to 3. Please refer to the enclosed letter. Signed•./ ( ��C )i'��. ,CL Agency:/J2i�,7sD , F' . 1) te: //-7 —.V( Keith A. Schuett Current Planner DEPAR , L 'T OF Pt ZING SERVICES e c�� l q PHONE(303)356-4000 EXT.4400 915 10th STREET 1 GREELEY, COLORADO 80631 : Os k , $4_ ., COLORADO CASE NUMBER S-270:86:15 November 3, 1986 TO WHOM IT MAY CONCERN: Enclosed is an application from Pherd Himmel c/o Kenneth F. Lind for a Planned Unit Development final plat. The parcel of land is described as part of the SE} of Section 9, T6N, R67W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 500' north of Windsor city limits, north of Weld County Road 70, and west of Weld County Road 19. This application is submitted to your office for review and recommendations. Any comments or recommendations you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the proposal and will ensure prompt consideration of your recommendations. If a response from your office is not received within fourteen (14) days of mailing from our office, it may be interpreted to mean approval by your office. If you are unable to respond within the fourteen (14) days (but wish to do so at a later date) please notify our office to that effect. Check the appropriate boxes below and return to our address listed above. Please reply by November 17, 1986, so that we may give full consideration to your recommendation. Thank you very much for your help and cooperation in thi trey. VWe have reviewed the proposal and find no conflicts with our interests. 2. A formal recommendation is under consideration and will be submitted prior to 3. Please refer to the enclosed letter. Signed: Agency: Date: -a?,O1 c-7471 Keith A. Schuett �� 9SU Current Planner 'r,' q hml rt 3r!!!3?,; w 7 DEPArt I MtN I OF PLANNING SERVICES (1 4§ .. (x PHONE(303)3564000 EXT.4400 915 10th STREET f ' Awl GREELEY,COLORADO 80631 4 f Alif ^qyY O Y5G COLORADOCASE NUMBER S-270:86:15 November 3, 1986 TO WHOM IT MAY CONCERN: Enclosed is an application from Pherd Himmel c/o Kenneth F. Lind for a Planned Unit Development final plat. The parcel of land is described as part of the SE} of Section 9, T6N, R67W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 500' north of Windsor city limits, north of Weld County Road 70, and west of Weld County Road 19. This application is submitted to your office for review and recommendations. Any comments or recommendations you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the proposal and will ensure prompt consideration of your recommendations. If a response from your office is not received within fourteen (14) days of mailing from our office, it may be interpreted to mean approval by your office. If you are unable to respond within fourteen (14) days (but wish to do so at a later date) please notify our office to that effect. Check the appropriate boxes below and return to our address listed above. Please reply by November 17, 1986, so that we may give full consideration to your recommendation. 1. (// We have reviewed this request and find that the request (1-,,L74 (does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. A formal recommendation is under consideration and will be submitted to you prior to: Please refer to the enclosed le t$ r. / /X�i Signed: Tf ✓� � Agency: Date: ,///-7,717(-0 Thank you very much for your help and cooperation in this matter. it A. Schuett Current Planner j s.t ' ��'�/� �I H k '— 1 t,L7n:Tfl CPI TISSi`,I) ; f C C DEPART, .d OF PLA( .NG SERVICES it\ stt , , s` PHONE(303)356.4000 EXT. 4400 915 10th STREET 1 GREELEY, COLORADO 80631 NI' - ® s+ • COLORADO CASE NUMBER S-270:86: 15 November 3, 1986 TO WHOM IT MAY CONCERN: Enclosed is an application from Pherd Himmel c/o Kenneth F. Lind for a Planned Unit Development final plat. The parcel of land is described as part of the SE} of Section 9, T6N, R67W of the 6th P.M. , Weld County, Colorado. - The location of the parcel of land for which this application has been submitted is approximately 500' north of Windsor city limits, north of Weld County Road 70, and west of Weld County Road 19. This application is submitted to your office for review and recommendations. Any comments or recommendations you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the proposal and will ensure prompt consideration of your recommendations. If a response from your office is not received within fourteen (14) days of mailing from our office, it may be interpreted to mean approval by your office. If you are unable to respond within the fourteen (14) days (but wish to do so at a later date) please notify our office to that effect. Check the appropriate boxes below and return -to our address listed above. Please reply by November 17, 1986, so that we may give full consideration to your recommendation. Thank you very much for your help and cooperation in this matter. 1. 1---"We have rev,.ewed the proposal and find no conflicts with our iatnroc,rpytete/%2ie5. 2. A formal recommendation is under consideration and will be submitted prior to 3. Please efer to the enclosed letter. Signe Agency:W44-in M�� rn 4,4edb Date: //1—‘—d94 Ou't e5 der %Hd///D✓ W 611.5ertlMe I nglreC7 Keith A. Schuett I II r' _ I Current Planner IIr I I ;C!3 r . :=1f„.„,,, ':n,„„,,,U7ti rl l l DEPARTI_c.Ic OF PLAT .NG SERVICES ysci ` PHONE(303)356-4000 EXT. 4400 915 70th STREET 71 1 GREELEY, COLORADO 80631 / N I ' .:..,,,,,,,,,.:: 'Ai ' i W. t 4 COLORADO £ CASE NUMBER S-270:86:15 November 3, 1986 TO WHOM IT MAY CONCERN: Enclosed is an application from Pherd Himmel c/o Kenneth F. Lind for a Planned Unit Development final plat. The parcel of land is described as part of the SE} of Section 9, T6N, R67W of the 6th P.M. , Weld County, Colorado. , The location of the parcel of land for which this application has been submitted is approximately 500' north of Windsor city limits, north of Weld County Road 70, and west of Weld County Road 19. This application is submitted to your office for review and recommendations. Any comments or recommendations you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the proposal and will ensure prompt consideration of your recommendations. If a response from your office is not received within fourteen (14) days of mailing from our office, it may be interpreted to mean approval by your office. If you are unable to respond within the fourteen (14) days (but wish to do so at a later date) please notify our office to that effect. Check the appropriate boxes below and return to our address listed above. Please reply by November 17, 1986, so that we may give full consideration to your recommendation. Thank you very much for your help and cooperation in this matter. 1. X We have reviewed the proposal and find no conflicts with our interests. 2. A formal recommendation is under consideration and will be submitted prior to 3. Please nreefer to the enclosed letter. Signed: _ / (� /.Cl'� Agency: PG,.,jar \./g//ey Date: //- 7-84 RE/a Keith A. Schuett Current Planner Date: December 2, 1986 CASE NUMBER: S-270:86: 14 NAME: Pherd Himmel c/o Kenneth Lind Lind & Ottenhoff, Attorneys at Law ADDRESS: 1011 11th Avenue, Greeley, CO 80631 REQUEST: Final Plat approval of a Planned Unit Development. LEGAL DESCRIPTION: Part of the SE} of Section 9, T6N, R67W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 500' north of the city limits of Windsor, west of Weld County Road 19, and south of Weld County Road 72. THE DEPARTMENT OF PLANNING SERVICES STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with application requirements of Section 28.5.3 of the Weld County Zoning Ordinance. 2. It is the opinion of the Department of Planning Services staff that the applicant has shown compliance with Section 28.3.2 of the Weld County Zoning Ordinance as follows: - The proposal is consistent with the Weld County Comprehensive Plan. On August 20, 1986, -the Board of County Commissioners approved the subject Planned Unit Development District because the application did meet the required criteria of the Weld County Zoning Ordinance; - The Final Planned Unit Development Plan conforms to the Planned Unit Development District in which it is proposed to be located; - The uses, buildings, and structures permitted shall 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 plans of affected municipalities. The Town of Windsor in its November 7, 1986, Referral Response stated that this request does company with the Comprehensive Plan; - The Final Planned Unit Development Plan conforms with the Performance Standards outlined in Section 35.3 of the Weld County Zoning Ordinance; and - The Final Planned Unit Development Plan conforms with Section 50, of the Weld County Zoning Ordinance. Pherd Himmel S-270:86:14 Page 2 These determinations are based, in part, upon a review of the information submitted by the applicant, other relevant information regarding this request and responses of referral entities which have reviewed the request. The Department of Planning Services staff recommendation for approval is conditional upon the following: 1 . The site shall be determined to be suitable for individual septic disposal systems by the Weld County Health Department. The individual septic systems shall be installed, consistent with the requirements of the Weld County Individual Sewage Disposal System Regulations and Section 8-9 of the Weld County Subdivision Regulations. 2. The North Weld County Water District shall provide the water supply to the Planned Unit Development District. The water supply system shall be provided, consistent with the requirements of Section 8-10 of the Weld county Subdivision Regulations, pursuant to public water supply systems and fire safety requirements. 3. The applicant, developer and/or homeowner's association shall provide and maintain all internal roads, open space and bridle paths within the Planned Unit Development District. Roads internal to the Planned Unit Development District shall remain private and must comply with the Design Standards listed in Section 8-2 of the Weld County Subdivision Regulations. 4. The three conditions as stated above shall appear as notes on the Planned Unit Development plat. 5. Prior to recording the Final Planned Unit Development Plan, the Final Planned Unit Development Plat shall be amended to show additional thirty (30) foot utility easement for the Poudre Valley REA over-head line and an additional twenty (20) foot road right-of-way (total of fifty (50) feet from the center line of Weld County Road 19) . LIND & OTTENHOFF ATTORNEYS AT LAW THE LAW BUILDING 1011 ELEVENTH AVENUE P.O.BOX 326 GREELEY,COLORADO 80632 GEORGE H.OTTENHOFF TELEPHONE KENNETH F.LIND October 29, 1986 0031353-2323 Weld County Department of Planning Services 915 Tenth Street Greeley, CO 80631 Re: Pferd Himmel PUD (Supplemental Application Information) Gentlemen: Pursuant to your request for supplemental information concerning the Pherd Himmel PUD final development plan, this letter is in response thereto. Attached with this letter are 22 copies of the tax certificate and 22 copies of an endorsement to the title commitment. Additionally, enclosed please find a check in the amount of $190.00 payable to the Colorado Geologic Survey which is for a final review of the site. As related to the plat maps provided to you, we have taken note that there are two additional requirements which must be made upon the Mylar prior to recording and final approval. The first requirement is that Condition Nos. 1, 2, and 3 as contained on the Resolution by the Board of County Commissioners of Weld County dated August 20, 1986, concerning the change of zone for the subject property from ag to PUD must be included on the Mylar. It is agreed that Condition No. 4 need not be placed on the Mylar as an applica- tion for an amended recorded exemption to change the property lines between Lots A and B has been submitted and will be reviewed and approved prior to hearings on the PUD final development plan. Additionally, the utility sign-off agreement must be placed on the Planned Unit Development final plat Mylar. Please be assured that these items will be placed on the final Mylar . The applicant further understands -that no construction or building permits can be approved upon the site until the final Mylar is recorded. The applicant contemplates that there may be some additional changes as related to the notes on the proposed plat, and therefore the utility sign-off agreement, three conditions and any other changes will be made at the time of final approval prior to recording. As related to the subdivision improvements agreement, the applicant agrees to submit a proposed subdivision improvements agreement to the Department of Planning Services not later than November 20, 1986. This will then allow the Planning Department and Planning Commission adequate time to review the proposed subdivision improvements agreement prior to the December 2, 1986 Planning Commission hearing. The applicant understands that in the event the proposed sudivision improvements agreement is not submitted, the application will not be considered at the December 2, 1986 Planning Commission hearing. Weld County Depart. of Planning Services October 29, 1986 Page Two Finally, you have requested clarification concerning Item No. 13 of the Application requirements which relates to agreements signed by agricultural irrigation ditch companies as related to problems resulting from location of the ditch. The applicant has no intention of entering into any type of agreement with the Lake Canal Company (Chalgren Lateral) which forms part of the north and west boundary of the PUD plan. The applicant is the owner of the subject property which extends to the north and west banks of the lateral. In this case the ditch company merely has a right-of-way for the use and main- tenance of its ditch across the property of the applicant. As the ditch is located upon the extreme north and west boundaries , the applicant has no intention of using the ditch for any purpose. In fact, the normal situation in which drainage waters from the development may flow into the irrigation ditch is not applicable in this application as all drainage is to the south, and no water will flow into the irrigation ditch. To further insure the protection and safety of the ditch, the applicant shall be responsible for constructing a fence on the south and east boundaries of the ditch for the purpose of creating a physical barrier between the development and the ditch and to insure that livestock of all types cannot trespass into the ditch. This fence is further specifically designed to separate the ditch fran the existing ingress and egress road which is located south and east of the ditch. This road, which is owned by the applicant, will also be fenced on the south and east sides thereby creating a second physical barrier so that livestock cannot trespass onto the shoulders of the road. The complete fencing of this road further serves to create specific boundaries for the combined road and bridle path . The enclosure of the road and bridle path will provide for more than adequate ingress and egress for all uses including maintenance of the ditch. As the ditch company has the right to use this road for reasonable and normal maintenance of the ditch, the width of the road and appurtenant fencing will be constructed in such a manner so as to not interfere with the reasonable use and maintenance rights. Again, as the ditch company already has the non- exclusivn-right to use this road, there is no need for any type of written agreement, especially in light of the fact that the applicant owns the subject property; and has the right to make use of his property. It should also be mentioned that the proposed protective covenants for the subject property, at Article \JTT, provide that the maintenance, care and upkeep of the bridle paths and fencing shall be the responsibility of the haneowners association. This covenant Further provides that livestock is not permitted upon the ditch banks or in the ditch. Shuuld you need any additional information, please contact the undersigned. Very truly yours, LIND tiENHOFF yyy�/ r— Kenn th F. 'L nd KFL/de Enclosures Commitment No. 8023161 ENDORSEMENT NO. 1 REQUIREMENT "A" UNDER SCHEDUEL "A" OF SAID COMMITMENT IS HEREBY DELETED. THE RECORDING COST OF SAID COMMITMENT WILL SHOW AS FOLLOWS : COST OF RECORDING: $3 . 00 In all other respects, this commitment shall remain the same . TRANSAMERICA TITLE INSURANCE COMPANY By Wanda T,. Calhoon Authorized Signature JMC COMPANY PENSION TRUST FORT COLLINS ORTHOPEDIC ASSOCIATES COLLOPY, CHARLES T. TBD -' October 22 , 1986 WLC/kma STATE OF COLORADO ) CERTIFIC! ? OF TAXES DUE )} S. S. COUNTY OF bb_LD -- I I, the undersigned, County Treasurer in and for said County, do hereby certify that there are no unpaid taxes, or unredeemed tax sales, as appears of record in the office,on the following described property,to-wit: 'R NO. 'ARCEI .. JAME 'ENDOR :XCEPT— This does not include land or improvements assessed separately or special District assessments unless specifically requested. FRANCIS M. LOUSTALET TREASURER OF WELD COUNTY r By ?'- 4,!„.-',f -, 1 i; ../.•/1 , LIND 6t OTTENHOFF ATTORNEYS AT LAW THE LAW-BUILDING l011 ELEVENTH AVENUE P.O.BOX 326 GREELEY, COLORADO 80632 GEORGE H.OTTENHOFF TELEPHONE IENNE TH F.LAND (303)353-2323 October 20, 1986 Department of Planning Services 915 Tenth Street Greeley, CO 80631 Re: Pferd Himmel PUD Ladies and Gentlemen: Attached with this letter are all supporting documentation, exhibits and attachments as required pursuant to application requirements for a PUD Plan Application. Responses to the application requirements are as follows: The completed PUD Plan Application forms are attached hereto. Application Requirement No. 2 requires a certificate from a qualified engineer responsible for the design of the utilities. As this PUD is for the development of five single family residence structures (one is currently in existence), there are no specific utility design or construction techniques. Specifically, the phone and electric utilities will be placed in accordance with the enclosed utility maps and require no special installation techniques or procedures. Additionally, all utilities will be brought or made available at prope2Ly lines or along the County Road with final installation of all utility. .- to be arranged by individual lot owners with each respective utility. The only exception to this is the fact that the developer will be responsible for providing and laying a water line (through the auspices of North Weld County Water District) for installation of a fire hydrant, and the rough-in installation for phone service as indicated with the accompanying maps. As to sewer service, each lot will be serviced by an individual septic system renstructed in accordance with Weld County Health Department regulations. Additionally, the undersigned is authorized to state on behalf of the representative of all applicants, Charles T. Collopy, that the applicant will provide four units of water of Northern Colorado Water Conservancy District to the North Weld County Water District which is the water requirement for four taps. The one existing residence currently has a tap and no additional raw water requirement is necessary. Additionally, Dr. Charles T. Collopy, on behalf of all applicants warrants that the applicant- developer will be responsible for payment and installation of a water line for the hydrant as discussed herein. Application Requirement Nos. 3 and 4 accompanying this application are letters, the sign-off agreement and plats showing utility service for water, telephone, and electric. As related to the provision for adequate water, Department of Planning Services October 20, 1986 Page 2 please see item No. 2 hereinabove as well as the letters from North Weld County Water District. Additionally, you should be advised that each lot owner will be responsible for payment of any tap fees which are in addition to the raw water requirement dedication. The PUD plat containing the certificate of dedication ownership and maintenance specifically provides that the existing 30 foot right-of-way from the center line of County Road 19 to the west shall be dedicated to the County of Weld by the applicant. There are no other dedications for easements or rights-of-way. Paragraph 6 of the application requires an improvements agreement. It is estimated that improvements upon the property to be made by the applicant shall cost $13,500.00 consisting of $3,000.00 for the installation of the fire hydrant and electric service, $2,500.00 for installation of telephone lines, $3,000.00 for grading and fencing of bridle paths and open spaces, and $5,000.00 for road construction. A contract providing for these improvements shall be submitted at the time the Board of County Commissioners approve the plan as well as approving these estimated costs. Additionally, the applicant understands that no construction or building permits will be authorized or allowed upon the property until a finalized subdivision improvements agreement is approved. The applicant agrees to enter into a subdivision improvements agreement after initial review of this plan by the Planning Department so that the same can then be reviewed and approved by the Planning Commission and Board of County Commissioners. Attached hereto as Exhibit "A" is the proposed Warranty Deed conveying tracts A, B, C, and D to the Pferd Himmel Property Owners Association. Paragraphs 8, 9 and 10 of the application requirements require a certificate of title for the subject property as well as a tax certificate. Attached as part of this application is a title commitment and tax certificate concerning Lot A of the existing Recorded Exemption. Transamerica Title has committed to insuring all lots as well as tracts A through D when a final PUD site plan is approved and recorded. A final title policy cannot be issued until the mylar is approved. Additionally, Transamerica Title has committed to insure the amended lot A of Recorded Exemption No. 755 of the application which is also being submitted with this final PUD plan. Paragraphs 11 and 12 require a copy of deed restrictions and other covonartc and restrictions as related to use of the land, buildings and structures. At this time there are no specific deed restrictions as the proposed covenants, attached hereto, incorporate all restrictions for use of the land, buildings and structures. These covenants, when approved and recorded, will constitute restrictions binding upon all property purchasers. Paragraph 14 is not applicable as the private drive does not intersect a State highway. As to Paragraph 13, there are no agreements with ditch companies as there is no drainage taking place into the adjoining ditch. } Department of Planning Services October 20, 1986 Page 3 Additionally, the adjoining ditch located upon the subject property by an easement in the PUD has certain restrictions concerning the ditch as contained in covenants at Articles VII and VIII. Items required pursuant to Paragraphs 15 and 16 of the application requirement are attached to the PUD application form. Paragraph 17 concerns geologic reports related to the PUD site as to suitability. This report was submitted with the PUD Change of Zone Application. Additional copies of the geologic report are submitted with this application. Requirements 18, 19 and 20 are all contained on the final PUD site plan drawings as submitted with this application. Additional information concerning the size of buildings and structures is contained in the Covenants at Articles II and III. Paragraph 21 is also answered in the covenants at Articles II and III. The PUD is designed for five residential structures, all of which are single family. Paragraph 22, concerning open space (tracts A, B, C, and D) shall be conveyed by the owner-applicant to the proposed Pferd Himmel Homeowner's Association. Preservation and maintenance of these tracts is provided in the covenants at Articles IV, V, VI and VII . Basically, a Property Owners As.Rcciation will be the owner of all open space and bridle paths and said Property Owners Association is responsible for preservation and maintenance of this property. Enforcement is provided by assessments and by law. Paragraph 23 of the application requirements is not applicable as all uses and buildings shall be compatible. Paragraph 24, requirements for landscaping and design of buildings and structures, are contained in the covenants at Article III. Paragraph 25 relates to a construction schedule. As this project is for five single residential structures, one of which currently exists, it is presumed that all homes will be constructed within the next twenty-four months. Each lot is permitted only one single family residential structure with allowable outbuildings and corrals. The open space shall be surveyed and staked within six months of the approval of this PUD site plan by the County. Additionally , all fencing for bridle paths and other open space areas will also be completed within six months of the final approval of this PUD. Paragraph 26 concerns construction costs. All construction costs as related to laying utilities to the PUD site, fencing and roads will be paid for by the developer-applicant. The cost is not expected to exceed $20,000.00. vr-. Department of Planning ,ervices October 20, 1986 Page 4 We would request your review of this PUD final site plan and all attachments. Additionally, we would advise you that at the time this PUD final site plan is approved the Pferd Himmel Homeowner's Association will be incorporated as a Colorado non-profit corporation. Very truly yours, LII D & FF Kengih F. n KFL/cg Enclosure Recorde4 at o'clock Meception No. _,corder. • WARRANTY DEED THIS DEED, Made this day of ,-19 I -between See Exhibit "A" attached hereto and made a part hereof by reference of the County of ,State of Colorado,grantor(s)and Pferd Himmel Property Owners Association, a non-profit corporation whose legal-address is of the County of Weld ,State of Colorado,grantee(s): • WITNESSETH,That the grantor(s),for and in consideration of the sum of good and valuable consideration and Ten ($10.00) DOLLARS, the receipt and sufficiency of which is hereby acknowledged.ha ve granted,bargained,sold and conveyed,and by these presents do grant, bargain,sell.convey,and confirm,unto the grantee(s), its heirs and assigns forever,all the real property,together with improvements. if any,situate,lying and being in the County of Weld ,State of Colorado, described as follows: • Tracts A, B, C and D as described in a final PUD site plan recorded in Book , Reception No. , Weld County Records. Said PUD being Lot •' "A" of Amended Recorded Exemption No. 0807-9-4-RE755 recorded 1986 in Book as Reception No. , being a part of the Southeast One Quarter (SE1/4) of Section Nine (9), Township Six (6) North, Range Sixty-seven (67) West of the 6th P.M. , Weld County, Colorado. also known by street and number as: TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and I reversions, remainder and remainders, rents, issues and profits thereof, and all the estate. right, title, interest,claim 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). its heirs and assigns forever.And the grantor(s).for them selves heirs and personal representatives,do covenant.grant.bargain,and agree to and with the grantee(s). its heirs and assigns.that at the time of the ensealing and delivery of these presents. they are well seized of the premises above conveyed,have good,sure,perfect, absolute and indefeasible estate of inheritance,in law, in fee simple, and have -good right,full power and authority to grant.bargain,sell and convey the same in manner and form as aforesaid.and that the same are free and clear from all former and other grants,bargains,sales,liens,taxes,assessments,encumbrances,and restrictions of whatever kind or nature soever, except I ICI The grantors)shall and will WARRANT AND FOREVER DEFEND thcahove-bargained premises in the quiet and peaceable possession of the i grantee(s) its —14s heirs and assigns.against all and every person or persons lawfully claiming the whole or any pan thereof. IN WITNESS WHEREOF,the grantor(s) ha ve executed this deed on the date set forth above. I II STATE OF COLORADO ss. County of I The foregoing instntment uas acknowledged before me this day of . 19 by • I My commission expires Witness my hand and official seal wnar,Public I I I •1f in Denver,insert"City and". _ _ _. _.. _.. _- --_ No.932.Rev.$-85. WARRANTY HEED(For Photographic Worrell Bradford Publishing.5825 W.6th Ave ,tatrsood.CO 802t4-(303)233-6Wp J-s5 EXHIBIT 'A " (1) J.M.C. Ccmpany Pension Trust as to an undivided .947%; (2) J.M.C. Cctnpany Profit-Sharing Trust as to an undivided 3.158%; (3) Fort Collins Orthopedic Associates, P.C. , Pension Trust as to an undivided 16.421%; (4) Fort Collins Orthopedic Associates, P.C. , Profit-Sharing Trust as to an undivided 51.789%; (5) Fort Collins Orthopedic Associates, P.C. , Second Pension Trust as to an undivided 5.033%; (6) Fort Collins Orthopedic Associates, P.C. , Second Profit-Sharing Trust as to an undivided 12.632;; (7) Charles T. Collopy, P.C. Profit-Sharing Trust zs to an undivided 5.0%; (S) Charles T. Collopy as lo an undivided• • • Trustee of the J.M.C. Trustee of the J.M.C. Company Company Pension Trust Profit-Sharing Trust Trustee of the Fort Collins Trustee of the Fort Collins Orthopedic Associates, P.C. , Orthopedic Associates, P.C., Pension Trust Profit-Sharing Trust Trustee of the Fort Collins Trustee of the Fort Collins Orthopedic Associates, P.C. , Orthopedic Associates, P.C. , Second Pension trust Second Profit-Sharing Trust Trustee of the Charles T. Collopy Charles T. Collopy P.C. Profit-Sharing Trust STATE OF COLORADO ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this day of , 1986 by as Trustee of the J.M.C. Company Pension Trust. Witness my hand and official seal. My commission expires: Notary Public STATE OF COLORADO ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this day of , 1986 by as Trustee of the J.M.C. Company Profit-Sharing Trust. Witness my hand and official seal . My commission expires: Notary Public STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this day of , 1986 by as Trustee of the Fort Collins Orthopedic Associates, P.C. , Pension Trust. Witness my hand and official seal. My commission expires: Notary Public STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this day of , 1986 by as Trustee of the Fort Collins Orthopedic Associates, P.C. , Profit-Sharing Trust. Witness my hand and official seal. My commission expires: Notary Public STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this day of , 1986 by as Trustee of the Fort Collins Orthopedic Associates, P.C. , Second Pension Trust. Witness my hand and official seal. My commission expires: Notary Public STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this day of , 1986 by as Trustee of the Fort Collins Orthopedic Associates, P.C. , Second Profit- Sharing Trust. Witness my hand and official seal. My commission expires: Notary Public s„� STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this day of , 1986 by Charles T. Collopy as Trustee of the Charles T. Collopy, P.C. Profit-Sharing Trust. Witness my hand and official seal. My commission expires: Notary Public STATE OF COLORADO ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this day of , 1986 by Charles T. Collopy. Witness my hand and official seal. My commission expires: Notary Public COMMITMENT FOR TITLE INSURANCE ISSUED BY Transamerica Title Insurance Company AMOUNT PREMIUM Lind & Ottenhoff OWNER g TBD $ TBD 1011-11th Avenue MORTGAGE $ $ Greeley, Colorado 80631 ADDITIONAL CHARGES $ Attn: Ken Lind COST OF TAX CERTIFICATE $ L J SURVEY COSTS $ TOTALS $ Your Reference CC's To: No. 8023161 C Sheet 1 of 8 COMMITMENT TO INSURE Transamerica Title Insurance Company, a California corporation, herein called the Company, for a valu:.ble consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedules A and B and to the conditions and stipula- tions attached. Customer Contact: Margaret/jds By Margaret A. Stephenson Phone: 352-2283 AUTHORIZED SIGNATURE The effective date of this commitment is September 29 19_86 at 7 :00A M At which time fee title was vested in: See Sheet 2 SCHF uI € A 1. Policies to be issued: (A) Owners': TO BE DETERMINED (B) Mortgagee's: cr/,. • , Form No.C-I42.1 Rev.7-1-Si 8023161 Sheet 2 of 8 SCHEDULE A—Continued TITLE VESTING: J. M. C. COMPANY PENSION TRUST, as to an undivided . 947% interest; J. M. C. COMPANY PROFIT-SHARING TRUST, as to an undivided 3.158% interest; FORT COLLINS ORTHOPEDIC ASSOCIATES, P.C. , PENSION TRUST, as to an undivided 16 .421% interest; FORT COLLINS ORTHOPEDIC ASSOCIATES, P.C. , PROFIT-SHARING TRUST, as to an undivided 51 . 789% ; FORT COLLINS ORTHOPEDIC ASSOCIATES, P.C. , SECOND PENSION TRUST, as to an undivided 5 . 053%; FORT COLLINS ORTHOPEDIC ASSOICATES, P.C. , SECOND PROFIT-SHARING TRUST, as to an undivided 12 .632%; CHARLES T. COLLOPY, P.C. PROFIT-SHARING TRUST, as to an undivided 5%; and CHARLES T. COLLOPY, as to an undivided 5% • Form No.C-142.2 A 8023161 Sheet 3 of 8 SCHEDULE A—Continued 2. Covering the Land in the State of Colorado, County of Weld Described as: Lot A of Recorded Exemption No. 0807-9-4-RE 755 recorded July 15 , 1985 in Book 1076 as Reception No. 2017081 , being a subdivision of a part of the SE; of Section 9 , Township 6 North, Range 67 West of the 6th P.M. Form No.C-142.2 8023161 Sheet 4 of 8 SCHEDULE A—Continued REQUIREMENTS 3. The following are the requirements to be complied with prior to the issuance of said policy or policies. Any other instrument recorded subsequent to the date hereof may appear as an exception under Schedule B of the policy to be issued. Unless otherwise noted, all documents must be recorded in the office of clerk and recorder of the county in which said property is located. A. The following document should be obtained and recorded in connection with the death of EVA STROMBERGER on July 2, 1968 , who held title to subject property as a joint tenant with HENRY STROMBERGER. 1. Certified copy of death certificate issued by the Colorado Bureau of Vital Statistics of EVA STROMBERGER, deceased. 2. If the name of the decedent on the Colorado death certificate is not identical with that by which the decedent held title to subject property, it will be necessary to record the supplementary affidavit provided for in CRS 38-31-102 . B. Deed, executed as designated in the trust affidavit, from J. M. C. COMPANY PENSION TRUST to A GRANTEE OR GRANTEES TO BE DETERMINED conveying an undivided .947% interest in subject property. NOTE: Trust Affidavit for J M C COMPANY PENSION TRUST, disclosing the names and address of the trustees , recorded April 11, 1983 in Book 993 as Reception No. 1923095 , shows the following: SHIRLEY STALLINGS, Trustee DALE C. KAISER, Trustee and provides that "Conveyance of real estate involving interests in land acquired by the said trust must be effected by all the trustees acting together. " C. Deed, executed as designated in the trust affidavit, from J. M. C. COMPANY PROFIT-SHARING TRUST to A GRANTEE OR GRANTEES TO BE DETERMINED conveying an undivided 3 . 158% interest in subject property. NOTE: Trust Affidavit for J M C COMPANY PROFIT SHARING TRUST, disclosing the names and address of the trustees, recorded April 11, 1983 in Book 993 as Reception No. 1923094, shows the following: SHIRLEY STALLINGS, Trustee DALE C. KAISER, Trustee and provides that "Conveyance of real estate involving interests in land acquired by the said trust must be effected by all the trustees acting together. " D. Deed, executed as designated in the trust affidavit, from FORT COLLINS ORTHOPEDIC ASSOCIATES, P .C. , PENSION TRUST to A GRANTEE OR GRANTEES TO BE DETERMINED conveying an undivided 16 . 421% interest in subject property Form No.C-142.3 - 8023161 Sheet 5 of 8 SCHEDULE A—Continued Requirement D continued . . . . NOTE: Trust Affidavit for FORT COLLINS ORTHOPEDIC ASSOCIATES, P.C. PENSION TRUST, disclosing the names and addresses of the trustees, recorded April 11, 1983 in Book 993 as Reception No. 1923093 , shows the following: JORGE E. CASTILLO, Trustee DOUGLAS M. MURRAY, Trustee and provides that "Conveyance of real estate involving interests in land acquired by the said trust must be effected by all the trustees acting together. " E. Deed, executed as designated in the trust affidavit, from FORT COLLINS ORTHOPEDIC ASSOCIATES, P.C. , .. PROFIT-SHARING TRUST to A GRANTEE OR GRANTEES TO BE DETERMINED conveying an undivided 51.789% interest in subject property. NOTE: Trust Affidavit for FORT COLLINS ORTHOPEDIC ASSOCIATES, P.C. PROFIT SHARING TRUST, disclosing the names and addresses of the trustees, recorded April 11, 1983 in Book 993 as Reception No. 1923092 , shows the following: JORGE E. CASTILLO, Trustee DOUGLAS M. MURRAY, Trustee and provides that "Conveyance of real estate involving interests in land acquired by the said trust must be effected by all the trustees acting together. " F. Deed, executed as designated in the trust affidavit, . FORT COLLINS ORTHOPEDIC ASSOCIATES, P.C . , SECOND PENSION TRUST to A GRANTEE OR GRANTEES TO BE DETERMINED conveying an undivided 5. 053% interest in subject property. NOTE: Trust Affidavit for FORT COLLINS ORTHOPEDIC ASSOCIATES, P .C. SECOND PENSION TRUST, disclosing the names and address of the trustees, recorded April 11, 1983 in Book 993 as Reception No. 1923090, shows the following : t-i± LRLEY STALLINGS, Trustee DALE C. KAISER, Trustee and provides that "Conveyance of real estate involving interests in land acquired by the said trust must be effected by all the trustees acting together. " G. Deed, executed as designated in the trust affidavit, from FORT COLLINS ORTHOPEDIC ASSOCIATES, P .C. , SECOND PROFIT-SHARING TRUST to A GRANTEE OR GRANTEES TO BE DETERMINED conveying an undivided 12 . 632% interest in subject property. Form No.C-142.2A 8023161 Sheet 6 of 8 SCHEDULE A—Continued Requirement G continued . . . . NOTE: Trust Affidavit for FORT COLLINS ORTHOPEDIC ASSOCIATES, P.C. SECOND PROFIT SHARING TRUST, disclosing the names and addresses of the trustees, recorded April 11, 1983 in Book 993 as Reception No. 1923091, shows the following: SHIRLEY STALLINGS, Trustee DALE C. KAISER, Trustee and provides that "Conveyance of real estate involving interest in land acquired by the said trust must be effected by all the trustees acting together. H. Deed, executed as designated in the trust affidavit, from CHARLES T. COLLOPY, P .C. PROFIT-SHARING TRUST to A GRANTEE OR GRANTEES TO BE DETERMINED conveying an undivided 5% interest in subject property. NOTE: Trust Affidavit for CHARLES T. COLLOPY, P.C. PROFIT SHARING TRUST, disclosing the name and address of the trustee, recorded April 11, 1983 in Book 993 as Reception No. 1923096, shows the following: CHARLES T. COLLOPY, Trustee and provides that "Conveyance of real estate involving interests in land acquired by the said trust must be effected by all the trustees acting together. " I. Deed from CHARLES T. COLLOPY to A GRANTEE OR GRANTEES TO BE DETERMINED conveying an undivided 5% interest in subject property. Farm No.C-142.2A 8023161 Sheet 7 of 8 SCHEDULE B THE POLICY OR POLICIES TO BE ISSUED HEREUNDER WILL NOT INSURE AGAINST: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, im- posed by law and not shown by the public records. 5. Taxes due and payable; and any tax, special assessments, charge or lien imposed for water or sewer service, or for any other special taxing district. 6. Rights of way for county roads 30 feet wide on each side of • section and township lines, as established by Order of the Board of County Commissioners for Weld County, recorded October 14 , 1889 in Book 86 at Page 273 . 7 . Right of way for the outlet or discharge ditch form the Windsor Reservoir across said Section 9 to the Cache La Poundre River, as conveyed to The Windsor Reservoir and Canal Company by Benjamin H. Eaton in Quit Claim Deed recorded January 13 , 1902 in Book 163 , at Page 83 , in which the specific location and dimensions of said right of way are not further defined. 8. Right of way for the Lake Canal along the Northerly boundary and a portion of the Westerly boundary of subject property as shown on Plat of Recorded Exemption No. 0807-9-4-RE 755 recorded July 15, 1985 in Book 1076 as Reception No. 2017081 . 9 . Oil and gas lease between Henry Stromberger and Brooks Exploration Incorporated dated June 22 , 1978 , recorded August 4 , 1978 in Book 840 as Reception No. 1762435 , and any interests therein or rights thereunder. Extension of the above lease as claimed by Affidavit of Production, pursuant to CRS 38-42-106, by Brooks Exploration Incorporated, re- corded June 1, 1981 in Book 937 as Reception No. 1859236 . Form No.C-112.4 Rev.b18--:5 8023161 Sheet 8 of 8 SCHEDULE B--Continued NOTE: The following notices pursuant to CRS 9-1 . 5-103 concerning underground facilities have been filed with the Clerk and lccorder. These statements are general and do not neces- sarily give notice of underground facilities within the s'Ciject property. (a) Mountain Bell Telephone Company, recorded October 1 , 1991 in Book 949 as Reception No. 1870705 . (b) Public Service Company of Colorado, recorded November 9, 1981 in Book 952 as Reception NO. 1874084 . (c) Western Slope Gas Company, recorded March 9, 1983 in Book 990 as Reception No. 1919757 . (d) Colorado Interstate Gas Company recorded August 31, 1984 in Book 1041 as Reception No. 1979784 . (e) Associated Natural Gas, Inc. , recorded April 23 , 1986 in Book 1110 as Reception No. 2050953 . Form No.C-142.& Transamerica Title Insurance Company Arapaho-Douglas Latimer 2000 West Littleton Boulevard 151 West Mountain Avenue Littleton.Colorado 80120 Fort Collins.Colorado 60521 (303)795-4000 (303)493-6464 Denver-Adams Mesa 1800 Lawrence Street 531 Rood Avenue Denver.Colorado 80202 Grand Junction.Colorado 81501 (303)291-4800 (303)234-8234 Boulder Pttkin 1317 Spruce Street 601 East Hopkins Street Boulder Colorado 80302 Aspen.Colorado 81611 (303)443-7180 (303)925-1766 Eagle Pueblo 0020 Eagle Road 627 North Main Street Eagle-Vail,Colorado 81658 Pueblo.Colorado 81003 (303)949-5613 (303)543-0451 El Paso Routt-Jackson 418 South Weber Street 507 Lincoln Street.Box 773568 Colorado Springs.Colorado 80903 Steamboat Springs.Colorado 8041"! (303)634-3731 (303)679-1611 • Jefferson Weld 1675 Carr Street 918 Tenth Street Lakewood.Colorado 80215 Greeley Colorado 80631 1303)231-2800 (303)352-2283 • Lir Transamerica Title Services CONDITIONS AND STIPULATIONS Please read carefully 1. This is a Commitment to issue one or more policies of title insurance in our Standard Form when the re 'rements set forth in-the Commitment have been satisfied. The policy is available and should be examined before this Commitment is used if there is any question about coverage. 2. Only the policies shown are committed to. If there are any changes in the transaction, order an amendment from us. 3. The date on this Commitment is important. Nothing after that date has been considered by us. 4. This Commitment is good for 6 months only. Extensions should be ordered from us if they are needed. PLANNED UNIT DEVELOPMENT PLAN APPLICATION Department of Planning Services, 915 — 10th Street, Greeley, Colorado PHONE: 356-4000 Ext. 4400 FOR PLANNING DEPARTMENT USE ONLY: CASE NO. APPL. FEE ZONING DISTRICT RECORDING FEE DATE RECEIPT NO. APPL. CHECKED BY TO BE COMPLETED BY APPLICANT: (Print or type only except for required signatures) : I (we) , the undersigned, hereby request a hearing before the Weld County Planning Commission concerning proposed subdivision of the following described unincorporated area of Weld County. LEGAL DESCRIPTION: Lot A of Amended Recorded Exemption No. 755 being a part of the Southeast Quarter (SE1/4), Section Nine (9), Township Six (6) North, Range Sixty-seven (67) West of the 6th P.M. , Weld County, Colorado. (If additional space is required, attach an additional sheet of this same size.) NAME OF PROPOSED P.U.D. SUBDIVISION Pferd Hitmiel EXISTING ZONING gUD PROPOSED ZONING PUD TOTAL AREA (ACRES) 22.11 acres NO. OF PROPOSED LOTS 5 LOT SIZE: AVERAGE 3.696 MINIMUM 1.753 UTILITIES: WATER: NAME North Weld County Water District SEWER: NAME On-site individual sewage disposal systems GAS: NAME None - electricity by Poudre Valley REA PHONE: NAME Mountain Bell DISTRICTS: SCHOOL: NAME Windsor RE-4 FIRE: NAME Windsor-Severance Fire Protection District DESIGNERS' NAME Gefroh Hattman. Inc. ADDRESS 135 W. Swallow Road, Ft. Collins. CO 80525 PHONE 223-7335 ENGINEERS' NAME Gerald B. McRae ADDRESS 1231 8th Avenue, Greeley, CO 80631 PHONE 356-3101 FEE OWNER OF AREA PROPOSED FOR P.U.D. SUBDIVISION NAME See Exhibit "A" attached hereto. ADDRESS PHONE NAME ADDRESS PHONE NAME ADDRESS PHONE I hereby depose and state under the penalties of perjury that all statements, proposals and/or plans submitted with or contained within this application are true and correct to the best of my knowledge. COUNTY OF WELD ) ) STATE OF COLORADO ) Si nature: x twcaxxzt Authorized Agent Kenneth F. Lind, 1011 11th Ave, Greeley, CO Subscribed and sworn to before me this I,'day of Qchlkg,( , 19 J . (353-2323) SEAL c /�� NOTARY PIC My Commission Expires My commission expires: August 22, 1987 804-79-026 WCDPS-78-1 EXHIBIT 'A " (1) J.M.C. Company Pension Trust as to an undivided .947%; (2) J.M.C. Canpany Profit-Sharing Trust as to an undivided 3.158%; (3) Fort Collins Orthopedic Associates, P.C. , Pension Trust as to an undivided 16.421%; (4) Fort Collins Orthopedic Associates, P.C. , Profit-Sharing Trust as to an undivided 51.789%; (5) Fort Collins Orthopedic Associates, P.C. , Second Pension Trust as to an undivided 5.053%; (6) Fort Collins Orthopedic Associates, P.C. , Second Profit-Sharing Trust as to an undivided 12.G3n; (7) Charles T. Collopy, P.C. Profit-Sharing Trust as to an undivided 5.O%; (S) Charles T. Collopy as to an undivided 5.0F. Address: Tr Charles T. Collopy 1200 Fast Elizabeth Street Fort Collins, CO 50524 Telephone (303) 443-0112 Planned Unit Development Plan AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE Application No. Subject Property Part of Southeast Quarter (SE] /4) of Section 9, Township 6 North, Range 67 West, Weld County (Lot A of Amended Recorded Exemption No. 755) 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 lesses of mineral owners on or under the parcel of land which is the subject of the application as their names appear upon the records in the Weld County Clerk and Recorder's Office, or from an ownership update from a title or abstract company or an attorney. wit The foregoing instrument was subscribed and sworn to before me this .2).? 40/ day of OC''p,DA , 19K.. WITNESS my hand and official seal. My Commission Expires My Commission expires: August 22, 1987 Notary P lic MINERAL OWNERS (1) J.M.C. Ccrnpany Pension Trust as to an undivided .947%; (2) J.M.C. Company Profit-Sharing Trust as to an undivided 3.158%; (3) Fort Collins Orthopedic Associates, P.C. , Pension Trust as to an undivided 16.421%; (4) Fort Collins Orthopedic Associates, P.C. , Profit-Sharing Trust as to an undivided 51.789%; (5) Fort Collins Orthopedic Associates, P.C. , Second Pension Trust as to an undivided 5.053`r; (6) Fort Collins Orthopedic Associates, P.C. , Second Profit-Sharing Trust as to an undivided 12.63?;; (7) Charles T. Collopy, P.C. Profit-Sharing Trust zs to an undivided 5.0`z; (5) Charles T. Col ]opy as to an undivided 5.0X. :address: Charles T. Collopy 1200 Fast Elizabeth Street Tort Collins, CO 80524 Telephone (303) 443-0] 12 LESSEES Arthur L. Owen 2000 Mercantile Commerce Building Dallas, TX 75201 Petro Pacific Resources, Inc. 1201 Dove Street, Suite 510 Newport Beach, CA 92660 Jackass Partners c/o Frontier Silver Mines Corp. General Partner 520 112th Avenue N.E. Bellvue, WA 98004 Patrick Petroleum Company 950 Seventeenth Street, Suite 1655 Denver, CO 80202 Hartex Oil and Gas Program 1980-1 98 Iverness Drive East Englewood, CO 80112 Jane Ray Dietrich 253 Tollhill East 5440 Harvest Hill Road Dallas, TX 75230 Gwen B. Davis 502 Tiffany Richardson, TX 75081 StipexioxxkexcamIXXxxxxiallck Brooks Exploration, Inc. YOX93xNxicleyxMAximeix,Bogshmtxxdx 600 17th Street, Suite 2115-South Rxfxs$x1Nxx2k2 &xx Denver, CO 80202 Atlantic Oil Corporation 1825 Lawrence Street #322 Denver, CO 80202 F.M. Stevenson 3400 Anaconda Tower Denver, CO 80202 Roberts Oil and Gas One West Loop S. Houston, TX 77027 Patrick Limited Partnership #3 744 West Michigan Avenue Jackson, MI 49201 Ladd Petroleum Corp. Suite 830 Denver Club Building 518 17th Street Denver, CO 80202 May Energy Partnership 1 Lincoln Centre 5400 LSBJ Freeway LDS Dallas, TX 75240 Barbara Bogy Thomas c/o Weld County District Court Clerk 9th Avenue & 9th Street Greeley, CO 80631 Re: Case No. 83-PR-29 Planned Unit Development Plan AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Application No. Subject Property Part of Southeast Quarter (SE1/4) of Section 9, Township 6 North, Range 67 West, Weld County (Lot A of Amended Recorded Exemption No. 755) 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, 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 subject to the application. 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 (30) days of the appli .51 n submissio ate. / tj - I ✓ Li., foregoing instrument was subscribed and sworn to before me this to Ad day 0r TG,l7 , 19 j6. WITNESS my hand and official seal. My Commission Expires My Commission expires: August 22, 1987 c--g(1 77 l fay Notary Pub]f c // Planned Unit Development NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET Please print or type NAME ADDRESS, TOWN/CITY, ASSESSOR' S PARCEL STATE AND ZIP CODE IDENTIFICATION 1' GNS CORPORATION 3960 South Bellaire Street c/o Roger Guam Englewood. CO 80110 62080709000006 P.O. Box 60 AMIGO FARMS. INC. Milliken, CO 80543 62080716400024 Carl F. & Dorothy 33772 Hwy 257 Breniman. et. al . Windsor, CO 80550 62080716000001 Carl F. & Dorothy 33772 Hwy 257 Breniman. et. al . Windsor. CO 80550 62080709000004 Raymond F. and 24681 WCR 19 COria A. Winder Windsor, CO 80550 62080709000013 P.O. Box 1920 Anna Winder Windsor, CO 80550 62080715000026 Hergert Limited 36652 WCR 23 Pzrtnership No. G Windsor. CO 80550 62080709000003 Norman L. and 8120 WCR 72 . Genrcia C. Johnsen Windsor. CO 80550 62080709000002 -10481 WCR 66 1'ari1vn P f)iTienne Windor. CO 80550 620807)0000024 Ronald D. and P.O. Box 878 Ch,rlvnn C fin car Windsor co 80550 622080710000041 John L. and 9125 WCR 70 innp K Parn1 jcindcnr. CO 80550 670807]099X2(092 • Empire Laboratories, Inc. P.O.Box 503 • (303)484-0359 GEOTECHNICAL ENGINEERING 8 MATERIALS TESTING 301 No.Howes • Fon Collins,Colorado 80522 April 17, 1986 Dr. Charles Collopy Fort Collins Orthopaedic Associates 1200 East Elizabeth Fort Collins, Colorado 80524 Re: Proposed 5-Lot Residential Development North of Windsor, Colorado ELI Project No. 6295-86 Dear Dr. Collopy: Empire Laboratories, Inc. prepared a "Report of a Preliminary Geotechnical Investigation" for the above-referenced site on March 27, 1986. Percolation tests were run on each of the four proposed building sites in the planned residential development. Three of the four lots had suitable percolation rates and soil and ground water conditions for construction of standard-type septic systems. Lot 4, in the area of Boring 2, exhibited percolation rates slower than allowed for standard-type septic systems. In our opinion, this should not be detrimental for the proposed development in view of the size of the lots. When additional percolation tests are run for the actual building sites, suitable rates may be encountered. If not, an individual sewage disposal system could be engineered for the site comprising both soil absorption and evapo-transpiration. A third option would be to revise the proposed lot lines to include suitable soil conditions and adequate percolation rates for standard-type septic systems for each lot. If you have any questions regarding our comments or if we can be of any further service to you on this matter, please do not hesitate to contact us. Very truly yours, EMPIRE LYABORATO INC. /_H eil R• Sh o Senior Engineering Geologist Reviewed by: Chester C. Smith, P.E. President `'sORglO Branch Offices P.O.Box 1135 P.O.Box 1744 P.O.Box 10076 /j Longmont,Colorado 80502 Greeley,Colorado 80632 Cheyenne,Wyoming 82003 W �, '1 (303)7763921 (303)351-0460 (307)632-9224 Member of Consulting Engineers Council 3 REPORT OF A PRELIMINARY GEOTECHNICAL INVESTIGATION FOR PROPOSED 5-LOT RESIDENTIAL DEVELOPMENT NORTH OF WINDSOR, COLORADO DR. CHARLES COLLOPY FORT COLLINS, COLORADO PROJECT NO. 6395-86 BY EMPIRE LABORATORIES, INC. 301 NORTH HOWES STREET FORT COLLINS, COLORADO 80521 TABLE OF CONTENTS Table of Contents Letter of Transmittal ii Report 1 Appendix A A-1 Test Boring Location Plan and Geologic Map A-2 Key to Borings A-3 Log of Borings A-4 Appendix B B-1 Summary of Test Results B-2 Appendix C C-1 Appendix D D-1 Soils Map D-2 Soils Descriptions D-3 Empire Laboratories. Inc. P.O.Box 503 • (303)484-0359 GEOTECHNICAL ENGINEERING 8 MATERIALS TESTING 301 No.Howes • Fort Collins,Colorado 80522 March 27, 1986 Dr. Charles Collopy 1200 East Elizabeth Fort Collins, Colorado 80524 Dear Dr. Collopy: i We are pleased to submit our Report of a Preliminary Geotechnical Investigation prepared for the proposed five-lot residential development located on Weld County Road 19, north of Windsor, Colorado. The accompanying report presents our findings in the subsurface and our recommendations based upon these findings. Very truly yours, rn.r EMPIRE LABO T ES, NC. •��F�c a e r.fir;=Ce, /✓//�/ �/�/�//"//� • j :�� 2;79 �Fr:• eN I R. rod Senior Engineering Geologist %.- .'.. / Reviewed by: -�/ Chester C. Smith, P.E. President cum cic • c.� `'eORArO Branch Offices G' N P.O.Box 1135 P.O.Box 1744 P.O.Box 10076 •\ $ Longmont,Colorado 80502 Greeley,Colorado 80632 Cheyenne,Wyoming 82003 (303)776-3921 (303)351-0460 (307)632-9224 j-rte Member of Consulting Engineers Council REPORT OF A PRELIMINARY GEOTECHNICAL INVESTIGATION SCOPE This report presents the results of a preliminary geotechnical evaluation prepared for the proposed five-lot residential development located approximately one mile north of Windsor, Colorado on Weld County Road 19. The investigation included test borings and laboratory testing of samples obtained from these borings. The objectives of this study were to (1 ) determine the geologic characteristics at the site, (2) determine the subsurface conditions at the site relative to the proposed construction and (3) evaluate the suitability of the site for construction of septic systems in accordance with Weld County regulations. SITE EXPLORATION The field exploration, carried out on March 21 , 1986, consisted of drilling, logging, and sampling four (4) test borings and running four (4) percolation tests. The locations of the test borings are shown on the Geologic Map and Test Boring Location Plan included in Appendix A of this report. Boring logs prepared from the field logs are included in Appendix A. These logs show soils encountered, location of sampling, and ground water at the time of the investigation. A summary of the test results is included in Appendix B. The borings were advanced with a four-inch diameter, continuous- type, power-flight auger drill. During the drilling operations, a geotechnical engineer from Empire Laboratories, Inc. was present and made continuous observations of the soils encountered. A visual evaluation of the site was made by an engineering geologist of Empire Laboratories, Inc. on March 20, 1986. -1- SITE LOCATION AND DESCRIPTION The site is located west of Weld County Road 19, one mile north of Windsor, Colorado. More particularly, the site is described as a tract of land situate in the South 1/2 of the Southeast 1 /4 of Section 9, Township 6 North, Range 67 West of the Sixth P.M. , Weld County, Colorado. The site consists of a twenty-three (23) acre site located adjacent to Weld County Road 19. An existing farm house, barns and assorted outbuildings are located at the extreme southern end of the site. A gravel topped knoll is located in the southern portion of the site, and Weld County Road 19 is cut through this knoll. An existing concrete irrigation lateral , located along the west edge of the knoll, crosses Weld County Road 19 twice. Once just north of the existing residence and again the approximate center of the site. A second irrigation ditch crosses under Weld County Road 19 just north of the concrete irrigation lateral , runs westward and then southward through the site. A small wet or marshy area is located in the northeast corner of the site, and an intermittent drainage flows southwestward through the property. Major drainage in the area is from the knoll in the southeast portion of the site and from the northwest portion of the property into the intermittent drainage. Currently, the majority of the site is an irrigated farm field vegetated with corn stubble. Several large trees are located adjacent to the irrigation ditch. A large silage pit has been dug into the knoll north of the farm house. LABORATORY TESTS AND EVALUATION Samples obtained from the test borings were subjected to testing in the laboratory to provide a sound basis for evaluating the physical properties of the soils encountered. Moisture contents, dry unit weights, unconfined compressive strengths, swelling potentials, and the Atterberg limits were determined. A summary of the test results is included in Appendix B. -2- SOIL AND GROUND WATER CONDITIONS The soil profile at the site consists of strata of materials arranged in different combinations. In order of increasing depths, they are as follows: (1 ) Silty Topsoil : The majority of the area tested is overlain by a six (6) inch layer of silty topsoil. The topsoil has been penetrated by root growth and organic matter and should not be used as bearing soil or as a fill and/or backfill material. (2) Sandy Silty Clay: This stratum underlies the topsoil in both Borings 1 and 2 and extends beyond the depths explored. The silty clay is plastic, contains minor amounts of sand and exhibits low to moderate bearing characteristics in its damp to moist in situ condition. When wetted, the clay stratum exhibits very slight swell potential. (3) Sandy Clayey Silt: This stratum underlies the topsoil and the surface in Borings 3 and 14 and extends to the gravel stratum below. The clayey silt contains varying amounts of sand, is slightly plastic, and exhibits moderate bearing characteristics in its damp, natural condition. (4) Silty and/or Clayey Sand, Gravel and Cobbles: This stratum underlies the silt layer in Borings 3 and 4 at depths one (1 ) to four and one-half (4-1 /2) feet below the surface and extends to the bedrock below. The sand and gravel contains varying amounts of silt and clay, is poorly graded, is dense, and exhibits high bearing characteristics. It is estimated that the cobbles within the gravel stratum vary in size to six (6) inches in diameter. (5) Siltstone Bedrock: The bedrock was encountered below the sand and gravel stratum in Borings 3 and 4 at depths five and -3- one-half (5-1 /2) to eleven (11 ) feet below the surface and extends to greater depths. The upper one (1 ) to two (2) feet of the bedrock is highly weathered; however, the underlying siltstone is firm and exhibits very high bearing characteristics. When wetted, the siltstone bedrock stratum exhibits slight swell potential. (6) Ground Water: At the time of the investigation, free ground water was encountered in Borings 2, 3, and 4 at depths eleven (11) to thirteen and one-half (13-1 /2) feet below the surface. No free ground water was encountered in Boring 1 to the depth explored. Water levels in this area are subject to change due to seasonal variations, irrigation demands on and/or adjacent to the site, and the volume of flow in the intermittent drainage which traverses the property. In addition, where ground water is not already encountered on top of the bedrock stratum, surface water may percolate through the upper subsoils and become trapped on the relatively impervious bedrock stratum, forming a perched ground water condition. RECOMMENDATIONS AND DISCUSSION It is our understanding that the site is to be developed for five residential lots. The existing farmhouse will be located on Lot 1 , and four additional building sites are proposed as shown on the Test Boring Location Plan and Geologic Map included in Appendix A. Private drives are proposed in the project area. Open space areas are planned at the north end of the site, and the lot sizes will vary between approximately two (2) to six (6) acres. The site will be served by domestic water and on-site sewage disposal systems. -4- Geology The proposed residential development is located within the Colorado Piedmont section of the Great Plains physiographic province. The Colorado Piedmont, formed during Late Tertiary and Early Quaternary time (approximately sixty-five million (65,000,000) years ago) , is a broad, erosional trench which separates the Southern Rocky Mountains from the High Plains. Structurally, the property lies along the western flank of the Denver Basin. During the Late Mesozoic and Early Cenozoic Periods (approximately seventy million (70,000,000) years ago) , intense tectonic activity occurred , causing the uplifting of the Front Range and the associated downwarping of the Denver Basin to the east. Relatively flat uplands and broad valleys characterize the present-day topography of the Colorado Piedmont in this region. The site is underlain by the Cretaceous Pierre Formation. The Pierre Shale is overlain by alluvial sands and gravels, silts and clays and residual clays of Pleistocene and/or Recent Age. Bedrock outcrops were noted in the Weld County Road 19 road cut at the south end of the site and in the silage pit dug into the existing knoll at the site. The bedrock consists of flat-lying, thin-bedded siltstone. The bedrock was also encountered in Borings 3 and 4 at depths five and one-half (5-1 /2) to eleven (11 ) feet below the surface. Bedrock was not encountered in the western portion of the site in Borings 1 and 2 to depths fifteen (15) feet below the surface. It is estimated that the bedrock underlies this portion of the site at depths twenty (20) to twenty-five (25) feet below the surface. Seismic activity in the area is anticipated to be low. Due to this and the flat-lying nature of the bedrock, the site, in our opinion, should be relative stable from a structural standpoint. A small intermittent drainage traverses the site, and a wet marshy area is located with this drainage at the east end of the site adjacent to Weld County Road 19. No construction is planned in these areas. It is recommended that construction not be placed within the one hundred (100) year flood plain of this intermittent stream. Should any future construction be planned in the wet, marshy , . ro -5- area, draining of the area and/or filling this portion of the site would be required. Due to the relatively flat nature of the site, geologic hazards due to mass movement, such as landslides, mudflows, etc. , are not anticipated. With proper site grading around the structures, erosional problems should be minimal. In addition, adequate culverts should be provided where the private drive crosses the intermittent drainage. A thin layer of terrace gravel was encountered in the southeastern portion of the site. No gravel was encountered in the remainder of the site to depths of fifteen (15) feet below the surface. This gravel layer is approximately four and one-half (4-1 /2) to six and one-half (6-1 /2) feet thick in the project area. The gravel contains varying amounts of silt and clay and except for structural fill would require extensive washing for use in most construction materials. However, due to the small amount and poor quality of this material , it is our opinion that the gravel source is not of economic value. It is our opinion that the geologic characteristics of the remainder of the site are such that the property does not contain economic deposits of quarry rock, coal or limestone. In addition , the Pierre Formation does not, to our knowledge, contain extensive radioactive minerals. Therefore, radiation hazards in the area should be minimal. Site Grading and Utilities Specifications pertaining to site grading are included below and in Appendix C of this report. It is recommended that the upper six (6) inches of topsoil below building , filled and paved areas be stripped and stockpiled for reuse in planted areas. The upper six (6) inches of the subgrade below building, paved and filled areas should be scarified and recompacted at or slightly wet of optimum moisture to at least ninety percent (90%) of Standard Proctor Density ASTM D 698-78. (See Appendix C.) Fill should consist of the on-site soils or imported material approved by the geotechnical engineer. Fill should be placed in uniform six (6) to eight (8) inch lifts and mechanically compacted at or slightly wet of optimum moisture to at least ninety-five percent (95%) of Standard Proctor Density ASTM D 698-78. S,...,, -6 Bedrock encountered at the site may be used as fill material. Heavy-duty construction equipment equivalent to a D-8 tractor or a backhoe having a minimum one and one-half cubic yard bucket may be needed to excavate the firm bedrock, and bedrock used as fill should be broken into pieces less than six (6) inches in diameter. Proper placement of the bedrock as fill may be difficult, and a disc or other mixing equipment may be needed to obtain uniform moisture and proper compaction. The bedrock should be used in open and planted areas or in the lower portion of fill below paved and building areas. Utility trenches dug four (4) feet or more into the upper subsoils should be excavated on stable and safe slopes, or the excavations should be properly shored. The firm bedrock may be excavated on near-vertical slopes. Excavation of the firm bedrock may require the use of heavy-duty construction equipment equivalent to a backhoe having a minimum one and one-half cubic yard bucket. Where utilities are excavated below ground water, dewatering will be needed during placement of pipe and backfilling for proper construction. All piping should be adequately bedded for proper load distribution. Backfill placed in utility trenches in open and planted areas should be compacted in uniform lifts at optimum moisture to at least ninety percent (90%) of Standard Proctor Density ASTM D 698-78 the full depth of the trench. The upper four (4) feet of backfill placed in utility trenches under roadways and paved areas should be compacted at or near optimum moisture to at least ninety-five percent (95%) of Standard Proctor Density ASTM D 698-78, and the lower portion of these trenches should be compacted to at least ninety percent (90$) of Standard Proctor Density ASTM D 698-78. Addition of moisture to and/or drying of the subsoils may be needed for proper compaction. Proper placement of the bedrock as backfill may be difficult. Stripping, grubbing, subgrade preparation, and fill and backfill placement should be accomplished under continuous observation of the geotechnical engineer. Field density tests should be taken daily in the compacted subgrade, fill, and backfill under the direction of the geotechnical engineer. -7- Foundations In view of the loads transmitted by the anticipated single-family residential construction and the soil conditions encountered at the site, it is recommended that the structures be supported by conventional-type spread footings and/or continuous grade beams. Footings and/or grade beams should be founded on the original , undisturbed soil a minimum of thirty (30) inches below finished grade for frost protection. The identification and undisturbed nature of the soil should be verified by the geotechnical engineer prior to placement of foundation concrete. Based on preliminary test results, footings and/or grade beams founded on the upper clays and silts at the site may be designed for a maximum allowable bearing capacity between one thousand (1000) to two thousand (2000) pounds per square foot (dead load plus maximum live load) . Footings founded in the gravel stratum encountered in the area of Borings 3 and 4 a minimum of two (2) feet above the bedrock stratum may be designed for a maximum allowable bearing capacity between two thousand (2000) to four thousand (4000) pounds per square foot (dead load plus maximum live load) . Footings founded on the bedrock stratum may be designed for a maximum allowable bearing capacity between four thousand (4000) to six thousand (6000) pounds per square foot (dead load plus maximum live loads) . To counteract swelling pressures which may develop if the siltstone bedrock become wetted, all footings and/or grade beams founded on or within two (2) feet of the bedrock stratum should be designed for a minimum dead load between two hundred fifty (250) to seven hundred fifty (750) pounds per square foot. Basements, Garden Levels and Slabs on Grade Basement construction is feasible at the site, provided the finished basement floor slabs are placed a minimum of three (3) feet above existing ground water and/or the bedrock stratum. In the area of Boring 3 where the bedrock is encountered at a depth of five and one-half (5-1 /2) feet, a dewatering system will be required for basement -8- construction. The lower level of any portion of the structures founded within three (3) feet of the bedrock and/or ground water should be provided with a perimeter drainage system. Construction of a perimeter drain in the area of high bedrock will minimize the potential for perched water reaching the lower level of the structure. Subgrade below slabs on grade should be prepared in accordance with the recommendations discussed in the "Site Grading and Utilities" section of this report. Slabs on grade founded on the bedrock stratum should be designed as floating slabs structurally independent of bearing members. Septic Systems In view of the percolation rates and soil and ground water conditions encountered at the site, it is our opinion that the majority of the site is suitable for construction of a standard-type septic systems. The percolation rate in the area of Boring 2 was eighty (80) minutes per inch. This is not a suitable percolation rate for construction of a standard-type system system. Therefore, an engineered sewage disposal system will be required in this area. However, when additional percolation tests are made prior to construction, percolation rates may vary, and an area suitable for a standard-type septic system may be encountered. GENERAL COMMENTS It should be noted that this was a preliminary investigation and that the bearing capacities recommended in this report are based on preliminary tests. Due to variations in soil and ground water conditions, swelling pressures and percolation rates encountered at the site, it is recommended that additional test borings and percolation tests be made prior to construction. Samples obtained from the borings should be tested in the laboratory to provide a basis for evaluating subsurface conditions. -9- APPENDIX A. TEST BORIN64LOCATION PLAN y rho , I , \ 2_7E ..‘ i4 >_._ __:_r_f----„:„, . / s o / et IA)? `t) t A0 •/ h, _ \ / Na / I Z r'\�`i'i f, i : ' 0 i 1a1.i '�r°Frre- / 0' 7 ,#) FI FY. l oo.a l, kbkpi ,2 % _ ?rt yq /J�'' � i //1 / / 3.1 /'l ° � / ; GI mv 0 71, 1 , \I 3 A 2 ' .,ALE: = IIi-3OOI i i's t -.4 ,I O X !✓xis ,a61 sLPe1s . I 'n j 1 Igri 0 20 __9_— -[ ,cc-Av�L - r,hIer*L k 13dL' L- Lat Dote- Kr - ef-r1Aod, p IE L pon r,or A-2 EMPIRE LABORATORIES, INC. KEY TO BORING LOGS . . rj-.�� TOPSOIL ligGRAVEL Pre SSW FILL SAND& GRAVEL • SILT •i• SILTY SAND&GRAVEL 11r/,I • • Kf � • 1''� CLAYEY SILT COBBLES e' SANDY SILT .. .0El SAND,GRAVEL& COBBLES CLAY _ WEATHERED BEDROCK i SILTY CLAY __ SILTSTONE BEDROCK i �� SANDY CLAY I I CLAYSTONE BEDROCK SAND • • • SANDSTONE BEDROCK �•i� SILTY SAND �� LIMESTONE CLAYEY SAND x• +' xax' GRANITE If f �•� SANDY SILTY CLAY ❑ SHELBY TUBE SAMPLE STANDARD PENETRATION DRIVE SAMPLER WATER TABLE 24 HOURS AFTER DRILLING C HOLE CAVED 5/12 Indicates that 5 blows of a 140 pound hammer falling 30 inches was required to penetrate 12 inches. A-3 EMPIRE LABORATORIES, INC. LOG OF BORINGS nalej IL. I V I1a3 140.4- 110 5/12 ' '- . • f� MU ' . 105 ,.-,� 17/12 27/12- � 4/12 3) . 50/11 - eo4 4 �f, ' . 48/12. . / > i 100 5/12 o�� i. Op. .) / rye' 35/12 5/121] 5/12 A /! 5/12 50/10 — 95 / 50/11 90 3/12 / 5/12 of / 85 5/12 " •i ci 80 T.R .M. = Top of pipe: Elevation - 100.0' A-4 EMPIRE LABORATORIES, INC. APPENDIX B. s co * a (a N o`. 0 O m (D 0 0 CD A V A CO 0 A CO V W O A CO V CO O a V A W O O O O O Co O O O O Co O O O O Co O O O O Cn _a (D I I I I I I I I I I I I I I 1 I I I I I C.V o a co (n A a to CD co -. Cn to CO A CO COto A --a — p. CD 0 O O 01 to O 0 to 01 0 0 0 0 Co O 0 0 0 Cn CD CI- C/1 d _a N a a W V CO CT Vi a CJ A Cr, up W V N) A N N A m RD . . de R. Ca (n - a t....) tp V to V CO V CJ A to V A 0 N tp p1 --C in m Cwt a 0 CO "0;1 1.0O J W Ti t f) A .__r y m NJ W to A A ama 0 cn O O 0 0 N Tm T . e m a p1 CO (an x F C 3 * . O TE-m 3 3 m = s m n ,-- m co oo < o m C m ). „ m T ti -4 o - • m a; CA 0 a rn Z = m n Cr) C r N r r N to d 3 c N �a V -]ET Cn 'a= —m m' C O 7 no m C 01 xa I a n Db y&1' px„ N y-Im Cn a 1 a i in 9 x2 r 3 ii n< 9 Co A N C11 Gl VI -1 _m CO O W V (11 O 01 O •V to o CI1 ( CFICN (n cn A m O N N N N —' N) N N N N N N N N 7 C • D SUMMARY OF PERCOLATION TEST RESULTS Percolation Rate Test Boring Depth to Depth to (Time required for water Hole No. Bedrock (ft) Ground Water (ft) to fall one (1 ) inch in Min. ) 1 -- -- 60 2 -- 12.1 80 3 5.5 13.5 40 4 11 .0 10.9 24 B-3 APPENDIX C. Suggested Specifications for Placement of Compacted Earth Fill and/or Backfills. GENERAL A geotechnical engineer shall be on-site to provide continuous observation during filling and grading operations and shall be the owner's representative to inspect placement of all compacted fill and/or backfill on the project. The geotechnical engineer shall approve all earth materials prior to their use, the methods of placing, and the degree of compaction obtained. MATERIALS Soils used for all compacted fill and backfill shall be approved by the geotechnical engineer prior to their use. The upper two (2) feet of compacted earth backfill placed adjacent to exterior foundation walls shall be an impervious, nonexpansive material. No material, including rock, having a maximum dimension greater than six (6) inches shall be placed in any fill. Any fill containing rock should be carefully mixed to avoid nesting and creation of voids. In no case shall frozen material be used as a fill and/or backfill material. PREPARATION OF SUBGRADE All topsoil, vegetation (including trees and brush) , timber, debris, rubbish, and other unsuitable material shall be removed to a depth satisfactory to the geotechnical engineer and disposed of by suitable means before beginning preparation of the subgrade. The subgrade surface of the area to be filled shall be scarified a minimum depth of six (6) inches, moistened as necessary, and compacted in a manner specified below for the subsequent layers of fill. Fill shall not be placed on frozen or muddy ground. C-2 PLACING FILL No sod, brush, frozen or thawing material , or other unsuitable material shall be placed in the fill, and no fill shall be placed during unfavorable weather conditions. All clods shall be broken into small pieces , and distribution of material in the fill shall be such as to preclude the formation of lenses of material differing from the surrounding material. The materials shall be delivered to and spread on the fill surface in a manner which will result in a uniformly compacted fill. Each layer shall be thoroughly blade mixed during spreading to ensure uniformity of material and moisture in each layer. Prior to compacting , each layer shall have a maximum thickness of eight (8) inches, and its upper surface shall be approximately horizontal. Each successive 6" to 8" lift of fill being placed on slopes or hillsides should be benched into the existing slopes, providing good bond between the fill and existing ground. MOISTURE CONTROL While being compacted , the fill material in each layer shall as nearly as practical contain the amount of moisture required for optimum compaction or as specified, and the moisture shall be uniform throughout the fill. The contractor may be required to add necessary moisture to the fill material and to uniformly mix the water with the fill material if, in the opinion of the geotechnical engineer, it is not possible to obtain uniform moisture content by adding water on the fill surface. If, in the opinion of the geotechnical engineer, the material proposed for use in the compacted fill is too wet to permit adequate compaction, it shall be dried in an acceptable manner prior to placement and compaction. COMPACTION When an acceptable, uniform moisture content is obtained, each layer shall be compacted by a method acceptable to the geotechnical engineer and as specified in the foregoing report as determined by applicable standards. Compaction shall be performed by rolling with approved tamping rollers, C-3 pneumatic-tired rollers, three-wheel power rollers, vibratory compactors, or other approved equipment well-suited to the soil being compacted. If a sheepfoot roller is used, it shall be provided with cleaner bars attached in a manner which will prevent the accumulation of material between the tamper feet. The rollers should be designed so that effective weight can be increased. MOISTURE-DENSITY DETERMINATION Samples of representative fill materials to be placed shall be furnished by the contractor to the geotechnical engineer for determination of maximum density and optimum moisture or percent of Relative Density for these materials. Tests for this determination will be made using methods conforming to requirements of ASTM D 698, ASTM D 1557, or ASTM D 2049. Copies of the results of these tests will be furnished to the owner, the project engineer , and the contractor. These test results shall be the basis of control for all compaction effort. DENSITY TESTS The density and moisture content of each layer of compacted fill will be determined by the geotechnical engineer in accordance with ASTM D 1556 , ASTM D 2167, or ASTM D 2922. Any material found not to comply with the minimum specified density shall be recompacted until the required density is obtained. Sufficient density tests shall be made and submitted to support the geotechnical engineer's recommendations. The results of density tests will also be furnished to the owner, the project engineer, and the contractor by the geotechnical engineer. C-4 APPENDIX D. soi k M1 f \\N. 3Z 33 3Z I'S SAL- ' II.3oa -V32 �L A2JoI.,* Adv , fia2PW I, 6,41- AJa 6�AvfU"( sALIP1 UAH , 5 -1' w roreaii S 'N 52 KIM LoAr1 , I -' 3 r i-l1 sir 33 KIM LoAH , 34, 5 r r-!1 stems D-2 EMPIRE LABORATORIES, INC. 4—Aquolls and Aquepts, flooded. This nearly level 13—Cascajo gravelly sandy loam, 5 to 20 percent ,map unit is in depressions in smooth plains and along the slopes. This is a deep, excessively drained soil on terrace bottoms of natural drainageways throughout the survey ,edges and upland ridges at elevations of 4,600 to 5,200 area. Aquolls, which have a dark colored surface layer, ; feet. It formed in very gravelly calcareous alluvium. In- •make up about 55 percent of the unit. Aquepts, which eluded in mapping are small areas of soils that are shal- have a lighter colored surface layer, make up about 25 low or moderately deep over sandstone and shale. 'percent. About 20 percent is soils that are well drained Typically the surface layer is brown gravelly sandy and soils that have sandstone or shale within 48 inches of I loam about 9 inches thick. The upper part of the underly- the surface. ing material is pale brown and light yellowish brown very These are deep, poorly drained soils that formed in gravelly sandy loam about 22 inches thick. The lower part recent alluvium. No one pedon is typical. Commonly the , to a depth of 60 inches is light yellowish brown very soils have a mottled, mildly to moderately alkaline loamy gravelly sand. A layer of strong lime accumulation 22 or clayey surface layer and underlying material that ex- inches thick is below the surface layer. tends to a depth of 60 inches or more. In places they have Permeability is moderately rapid. Available water a gleyed layer in the underlying material. capacity is moderate. The effective rooting depth is 60 Most of the acreage is subject to excessive runoff. The inches or more. Surface runoff is slow to medium, and the water table is at or near the surface in spring and during erosion hazard is low. the peak of the irrigation season. The potential native vegetation is dominated by little These soils are used for rangeland and wildlife habitat. bluestem, sideoats grama, sand reedgrass, blue grama, Some small areas are irrigated pasture. , hairy grama, switchgrass, and needleandthread. Potential The potential native vegetation is dominated by ' production ranges from 1,200 pounds per acre in favora- switchgrass, prairie coragrass, saltgrass, alkali sacaton, ! ble years to 700 pounds in unfavorable years. As range big bluestem, indiangrass, western wheatgrass, slender condition deteriorates, the tall and mid grasses decrease, wheatgrass, sedge, and rush. Cattails and bullrush grow j blue grama and hairy grama increase, and forage produc- in the swampy spots associated with these range sites. tion drops. Potential production ranges from 4,000 pounds per acre in Management of vegetation should be based on taking favorable years to 3,000 pounds in unfavorable years. As half or less of the total annual production. Seeding and range condition deteriorates, the tall and mid grasses mechanical treatment are impractical. Deferred grazing is decrease, production drops, and saltgrass, sedge, and rush a practical measure in improving range condition. increase. The farming and irrigation in adjacent areas has Windbreaks and environmental plantings are suited to increased the amount of salts on much of the acreage. this soil. Low available water capacity and high calcium Management of vegetation on this soil should be based content are the principal hazards in establishing trees and on taking half and leaving half of the total annual produc- shrubs. Weed control is needed to insure establishment tion. Switchgrass, big bluestem, indiangrass, western and survival of plantings. Supplemental irrigation also w1,e^'o^mss, pubescent wheatgrass, intermediate wheat- may be needed to insure survival. Trees that are best grass, tall wheatgrass, and tall fescue are suitable for suited and have good survival are Rocky Mountain ju- niper, eastern redcedar, ponderosa pine, and Siberian elm. seeding. The plants selected should met the seasonal requirements of livestock. For successful seeding, a firm The shrubs best adapted are skunkbush sumac and lilac. prepared zaedbed is needed. A grass drill should be used. Wildlife uses are very limited because this soil lacks Seeding early in spring has proven most successful. Til- potential for producing necessary habitat elements. lage is needed to eliminate the undesirable vegetation. Because most of the acreage is rangeland, only rangeland Wetland wildlife, especially waterfowl, utilize this unit. wildlife, for example, scaled quail and antelope, are typi- The wetland plants provide nesting and protective cover cal. Extreme care is needed in managing livestock grazing as well as some food. The nearby irrigated cropland, in order to provide suitable habitat on this soil. where wildlife obtain much of their food and find protec- Steepness is the most limiting soil feature that must be tive cover, makes this unit valuable to both wetland and considered in planning featuhomeres and the construction of roads. Other limiting features are the rapid permeability openland wildlife. in the substratum and the resulting hazard of ground Openland wildlife, especially pheasant, use this unit for water contamination from sewage lagoons. Site prepara- 'cover and nesting. Deer find excellent cover in some tion for environmental plantings such as lawns, shrubs, areas. These valuable wildlife areas should be protected and trees is difficult because of the high content of gravel Ifrom fire and fenced to prevent encroachment and and cobbles. Capability subclass VIIa nonirrigated; Gravel overuse by livestock. They should not be drained. Capa- breaks range site. bility subclass VIw; Aquolls in Salt Meadow range site, Aquepts in Wet Meadow range site. D-3 32—Kim loam, 1 to 3 percent slopes. This is a deep, Wildlife is an important secondary use of this soil. The well drained soil on smooth plains and alluvial fans at cropland areas provide favorable habitat for ring-necked elevations of 4,900 to 5,250 feet. It formed in mixed eolian I pheasant and mourning dove. Many nongame species can deposit and parent sediment from a wide variety of be attracted by establishing areas for nesting and escape :bedrock. Included in mapping are small areas of soils that I cover. For pheasants, undisturbed nesting cover is essen- have loamy sand underlying material. ; tial and should be included in plans for habitat develop- Typically the surface layer is brown and pale brown ment, especially in areas of intensive agriculture. Range- loam about 12 inches thick. The upper 28 inches of the un- land wildlife, for example, the pronghorn antelope, can be !denying material is pale brown loam. The lower part to a attracted by developing livestock watering facilities, !depth of 60 inches is pale brown fine sandy loam. managing livestock grazing, and reseeding where needed. Permeability is moderate. Available water capacity is I This soil has good potential for urban and recreational !high. The effective rooting depth is 60 inches or more. development. Increased population growth in the survey :Surface runoff is medium, and the erosion hazard is low. area has resulted in increased homesite construction. The In irrigated areas this soil is suited to all crops corn- chief limiting soil feature for urban development and road imonly grown in the area, including corn, sugar beets, f construction is the limited capacity of this soil to support :beans, alfalfa, small grain, potatoes, and onions. An exam- i j a load. Septic tank absorption fields function properly, but pie of a suitable cropping system is 3 to 4 years of alfalfa community sewage systems should be provided if the followed by corn, corn for silage, sugar beets, small grain, population density increases. Because of the permeability nor beans. Land leveling, ditch lining (fig. 6), and installing . of the substratum, sewage lagoons must be sealed. !pipelines may be needed for proper water applications. { Lawns, shrubs, and trees grow well. Capability subclass All methods of irrigation are suitable, but furrow ir- lie irrigated, IVe nonirrigated; Loamy Plains range site. rigation is the most common. Barnyard manure and com- 33—Kim loam, 3 to 5 percent slopes. This is a deep, mercial fertilizer are needed for top yields. j well drained soil on plains and alluvial fans at elevations In nonirrigated areas this soil is suited to winter wheat, of 4,900 to 5,250 feet. It formed in mixed eolian deposits barley, and sorghum. Most of the acreage is planted to and parent sediment from a wide variety of bedrock. In- 'winter wheat and is summer fallowed in alternate years eluded in mapping are small areas of soils that have to allow moisture accumulation. Generally precipitation is i loamy sand underlying material. !too low for beneficial use of fertilizer. Typically the surface layer is brown and pale brown Stubble mulch farming, striperopping, and minimum til- loam about 10 inches thick. The upper 28 inches of the un- lage are needed to control soil blowing and water erosion. denying material is pale brown loam. The lower part to a Terracing also may be needed to control water erosion. depth of 60 inches is pale brown fine sandy loam. The potential native vegetation is dominated by blue Permeability is moderate. Available water capacity is grama. Several mid grasses, such as western wheatgrass : high. The effective rooting depth is 60 inches or more. and needleandthread, are also present. Potential produc- i Surface runoff is medium, and the erosion hazard is tion ranges from 1,600 pounds per acre in favorable years moderate. to 1,000 pounds in unfavorable years. As range condition In irrigated areas this soil is suited to crops commonly ' deteriorates, the mid grasses decrease; blue grama, buf- grown in the area. Perennial grasses and alfalfa or close ' falognu snakeweed, yucca, and fringed sage increase; grown crops should be grown at least 50 percent of the and forage production drops. Undesirable weeds and an- time. Contour ditches and corrugations can be used in ir- nuals invade the site as range condition becomes poorer. . rigating close grown crops and pasture. Furrows, contour Manag..ment of vegetation on this soil should be based furrows, and cross slope furrows are suitable for row on taking half and leaving half of the total annual produc- crops. Sprinkler irrigation is also suggested. Keeping til- tion. Seeding is desirable if the range is in poor condition. lage to a minimum and utilizing crop residue help to con- . Sideoats grama, little bluestem, western wheatgrass, blue trol erosion. Maintaining fertility is important. Crops grama, pubescent wheatgrass, and crested wheatgrass are' respond to applications of phosphorus and nitrogen. suitable for seeding. The grass selected should meet the In nonirrigated areas this soil is suited to winter wheat, seasonal requirements of livestock. It can be seeded into barley, and sorghum. Most of the acreage is planted to a clean, firm sorghum stubble, or it can be drilled into a winter wheat. The predicted average yield is 28 bushels firm prepared seedbed. Seeding early in spring has, per acre. The soil is summer fallowed in alternate years proven -„ast successful. . to allow moisture accumulation. Generally precipitation is Windbreaks and environmental plantings of trees and, too low for beneficial use of fertilizer. shrubs commonly grown in the area are generally well!: Stubble mulch farming, striperopping, and minimum til- suited to this soil. Cultivation to control competing lage are needed to control soil blowing and water erosion. vegetation should be continued for as many years as Terracing also may be needed to control water erosion. possible following planting. Trees that are best suited and The potential native vegetation is dominated by blue have good survival are Rocky Mountain juniper, eastern grama. Several mid grasses, such as western wheatgrass redcedar, ponderosa pine, Siberian elm, Russian-olive, and and needleandthread, are also present. Potential produc- hackberry. The shrubs best suited are skunkbush sumac, tion ranges from 1,600 pounds per acre in favorable years lilac, Siberian peashrub, and American plum. to 1,000pounds in unfavorable years. As range condition D-4 deteriorates, the mid grasses decrease; blue grama, buf falograss, snakeweed, yucca, and fringed sage increase; I and forage production drops. Undesirable weeds and an- nuals invade the site as range condition becomes poorer. Management of vegetation on this soil should be based on taking half and leaving half of the total annual produc- tion. Seeding is desirable if the range is in poor condition. Sideoats grams, little bluestem, western wheatgrass, blue grama, pubescent wheatgrass, and crested wheatgrass are suitable for seeding. The grass selected should meet the seasonal requirements of livestock. It can be seeded into a clean, firm sorghum stubble, or it can be drilled into a firm prepared seedbed. Seeding early in spring has proven most successful. Windbreaks and environmental plantings of trees and shrubs commonly grown in the area are generally well I suited to this soil. Cultivation to control competing vegetation should be continued for as many years as possible following planting. Trees that are best suited and have good survival are Rocky Mountain juniper, eastern redcedar, ponderosa pine, Siberian elm, Russian-olive, and hackberry. The shrubs best suited are skunkbush sumac, lilac, Siberian peashrub, and American plum. Wildlife is an important secondary use of this soil. The cropland areas provide favorable habitat for ring-necked pheasant and mourning dove. Many nongame species can be attracted by establishing areas for nesting and escape cover. For pheasants, undisturbed nesting cover is essen- tial and should be included in plans for habitat develop- ment, especially in areas of intensive agriculture. Range- land wildlife, for example, the pronghorn antelope, can be attracted by developing livestock watering facilities, managing livestock grazing, and reseeding where needed. This soil has good potential for urban and recreational development. Increased population growth in the survey area has resulted in increased homesite construction. The chief limiting soil feature for urban development and road construction is the limited capacity of this soil to support a 10Pri Snntir tank absorption fields function properly, but community sewage systems should be provided if the population density increases. Because of the permeability of the substratum, sewage lagoons must be sealed. Lawns, shrubs, and trees grow well. Capability subclass IIIe irrirated, IVe nonirrigated; Loamy Plains range site. • D-5 '8 AR2090612 b 1148 R,..: 02090612 03/04/87 15: 26 $60.00 1/020 F 0957 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF PFERD HIMMEL, A PLANNED UNIT DEVELOPMENT THIS DECLARATION, made and entered into by J.M.C. Company Pension Trust, Dale Kaiser and Shirley Stallings, Trustee; J .M.C. Company Profit-Sharing Trust, Dale Kaiser and Shirley Stallings, Trustee; Fort Collins Orthopedic Associates, P.C. Pension Trust , Douglas M. Murray and Jorge E. Castillo, Trustee; Fort Collins Orthopedic Associates , P .C. Profit-Sharing Trust , Douglas M . Murray and Jorge E. Castillo, Trustee; Fort Collins Orthopedic Associates, P.C. Second Pension Trust , Dale Kaiser and Shirley Stallings , Trustee ; Fort Collins Orthopedic Associates, P.C. Second Profit-Sharing Trust , Dale Kaiser and Shirley Stallings , Trustee ; Charles T. Collopy, P.C. , Profit-Sharing Trust, Charles T. Collopy, Trustee; and Charles T. Collopy; hereinafter referred to as the "Declarant" whether one or more; WITNESSETH: WHEREAS , Declarant is the owner of the real property situate in the County of Weld, State of Colorado being Lot "A" of Amended Recorded Exemption No. 0807-09-4-RE755 being a part of the SE1/4 of Section 9, Township 6 North, Range 67 West of the 6th P.M. , which is more particularly described on Exhibit "A" attached hereto and incorporated herein by reference, hereinafter referred to as "the Property"; NOW, THEREFORE, Declarant hereby publishes and declares that all of the Property shall be held, sold and conveyed subject to the following easements , restrictions , covenants and conditions, which are for the purpose of protecting the value and desirability of, and which shall run with the Property and be binding on all parties having any right, title or interest in the Property or any part thereof, their heirs, administrators, successors and assigns, and shall inure to the benefit of each owner thereof. ARTICLE I DEFINITIONS Section 1 : "Committee" shall mean and refer to the Architectural Control Committee for the Property and its successors and assigns. Section 2 : "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any Lot which is part of the Property, including contract sellers, but excluding those having such interest merely as security for performance of an obligation. 1 870056 P 114E RrC 0. 0(4,0 J: ' I ` 2t $60. 00 2/020 • P 095H MARY NE I : `P ;1° PI LDh G RECORDER WELD CO, CO Section ; : "?'r )pe+ i t" shall mean and refer to that certain real property described i Lc; "A" of Amended Recorded Exemption No . 0807-09-4-RE755 as shown on Exi, . bh "A" attached hereto and incorporated herein by reference . Section 4 : "Lot" shall mean and refer to the individual lots numbered lthrouph 5 , inclusive. , as shown on the plat of the P . U. D. Section 5 : " Declarant " shall mean and refer to J . M. C . Company Pension Trust , Dale Kaiser and Shirley Stallings , Trustee ; J .M. C. Company Profit-Sharing Trust , Dale Kaiser and Shirley Stallings , Trustee ; Fort Collins Orthopedic Associates , P . C . Pension Trust , Douglas M . Murray and Jorge E. Castillo , Trustee ; Fort Collins Orthopedic Associates , P . C . Profit-Sharing Trust , Douglas M. Murray and Jorge E. Castillo, Trustee; Fort Collins Orthopedic Associates , P .C. Second Pension Trust , Dale Kaiser and Shirley Stallings, Trustee; Fort Collins Orthopedic Associates , P . C . Second Profit-Sharing Trust , Dale Kaiser and Shirley Stallings, Trustee ; Charles T. Collopy ,P.C. , Profit-Sharing Trust , Charles T. Collopy , Trustee ; and Charles T.Collopy; their successors and assigns. Section 6 : "P. U. D. " or "PUD" shall mean and refer to the Pferd Himmel Planned Unit Development in the County of Weld and State of Colorado, according to the final P.U.D. site plan as approved by the Board of Commissioners of Weld County, Colorado , and according to the plat thereof recorded with the Clerk and Recorder of Weld County including all development standards and notes. Section 7 : "Mortgage" shall mean and refer to any mortgage deed, deed of trust or other security instrument creating a lien against any Lot ; "Mortgagee" shall mean and refer to any grantee, beneficiary or assignee of a Mortgage ; "First Mortgage" shall mean and refer to the Mortgage having first and paramount priority under applicable Colorado law ; "First Mortgagee " shall mean and refer to any grantee, beneficiary or assignee of a First Mortgage. Section 8 : "Association" shall mean and refer to the Pferd Himmel Property Owners Association , a Colorado corporation , not-for profit , its successors and assigns, the Articles of Incorporation and By-Laws of which, along with this Declaration , shall govern the administration of the Property; the members of which shall be all of the Owners of the Property. Section 9 : "Membership" or "voting membership" shall mean and refer to all such Owners of the Property. Section 10: "Open Space" or "Common Open Space" shall mean and refer to all Property owned by the Association for the common use and enjoyment of its Owners as designated on the P.U.D. plat, being Tracts A, B, C and D. 870056 2 B 1148 REC 02090612 03/04/87 15: 26 $60.00 3/020 F 0959 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO Section 11 : "Bridle Path" shall mean and refer to any portions of the Property as shown upon the P.U . D. plat which are easements across the Property for the common use and enjoyment of Owners. Section 12: "Irrigation Water" shall mean and refer to one-half ( 1 /2) share of the capital stock of the Lake Canal Company and one-half ( 1/2) share of the capital stock of the Chalgren Lateral Ditch. Section 13: "Project" shall mean and refer to all of the 3 ' property, buildings and improvements subject to this declaration . Project also means and refers to the general notes upon the planned unit development plat which shall be binding upon all property owners and be a part of these covenants by reference. Section 14: "Road" means and refers to the private drive (Tract A) which forms part of the South boundary of Lots 4 and 5 and the North boundary of Lots 2 and 3. ARTICLE II ARCHITECTURAL CONTROL COMMITTEE Section 1 : Architectural Control Committee. There is hereby created an Architectural Control Committee for the P.U.D. , hereinafter referred to as the "Committee" for the purpose of maintaining within the Property, a style and nature of building design which is homogeneous to the area's physical setting. The Committee shall initially consist of the following three individuals: Charles T. Collopy 1200 E. Elizabeth Street Fort Collins, CO 80524 Ron Kruger 701 Main Street Windsor, CO 80550 Fredric J. Hattman 135 W. Swallow Road Fort Collins, CO 80525 All decisions of the Committee shall be by majority vote, provided that a majority of the Committee may designate a representative to act for it . In the event of death or resignation of any member of the Committee, the remaining members shall have full authority to designate a successor. In the event no volunteer successor can be found, the remaining members shall designate any Owner of a Lot as successor. The members of the Committee shall not been titled to any compensation for services performed pursuant to this covenant. When all Lots within the P.U.D. have been sold, or at an earlier date as solely 570056 3 �. '.fv,' + r�`'7yj'*7rs At _ x , if '.0304.4%Z4+/1;41Q *e B 1148 REC 02090612 03/04/87 15:26 $60.00 4/020 F 0960 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO determined by the initial Architectural Control Committee, the initial Committee members shall resign and the then record Owners of a majority of the Lots , pursuant to a vote of not less than four Owners of Lots , shall have the power to change the membership of the Committee, to increase or decrease its number, and to withdraw or restore the Committee to any of its powers and duties. It shall remain the prerogative and in the jurisdiction of the Committee to review the applications and grant approval for exceptions to this Declaration. Variations and deviations from these requirements and restrictions may be made only when such exceptions, variations and deviations do not detract from the appearance and aesthetic qualities of the Property, and are not detrimental to the property values of the Lots of the Owners located in the vicinity or to the general public health, safety or welfare. Section 2: Control . No building, fence, wall or other structure shall be erected, placed or altered on any Lot until the construction plans and specifications have been approved by the Committee with respect to the quality of workmanship , type of materials and harmony of exterior design with the other dwellings located within the P.U.D. All construction shall be finished with new materials except for the existing structures on Lot 1 grainery building on Lot 2. As to these existing structures on Lots 1 and 2 , any repairs or reconstruction need not use new materials. Two (2) complete copies of the site plan shall be submitted to the Committee for its approval. Said site plan shall show the following information with a scale of one ( 1 ) inch on the plans for every twenty (20) feet of actual distance on the Lot: A. Topography of the Lot; B . Finished elevation of first floor of proposed structure; C. Location of the minimum landscaping required by this Declaration; D. A building "footprint" with dimensions from front and side property lines of the Lot; E. Driveways and walkways located on the Lot; and F. Any existing structures on or adjacent to the building site. In addition , each Owner shall also provide , at his cost, two (2) complete sets of house plans , specifications , site and grade plans, to the Committee at least sixty (60) days prior to the date actual construction is scheduled to commence on the proposed structure . Said plans and specifications shall it 4 870056 t. B 1148 RDC 020906, 03/ 04 ' 5 : 26 $60. 00 5/020 jJ F 0961 MARY ANN F VFRSTEIN CREW,: 6 RECORDER WELD CO, CO be submitted together cs a comp '. ete set and shall include the following minimum information : A . Floor plans of all levels of any dwelling, which plans shall contain sufficient detail to describe the elements of the floor plan design; B. Total square footage for the structure; C . Building elevations on all sides of the proposed structure containing sufficient detail to determine roof form , window locations , siding material and door placement; D . A written description of the materials to be used in the roof and exterior walls of the structure; and E . The size , type and materials to be incorporated in any fencing to be located on the Lot. Should -the Committee fail to approve or disapprove the plans and specifications submittted to it by the Owner of a Lot in the P . U . D . within sixty ( 60 ) days after written request thereof, then such approval shall not be required ; provided , however , that no building or other structure shall be erected or allowed to remain on any Lot which violates any of the covenants or restrictions contained herein . The issuance of a building permit or license for the construction of improvements inconsistent with this Declaration shall not prevent the Committee from enforcing the provisions herein. The Committee ' s approval of a building, fence , wall or other structure shall not eliminate the responsibility of the Owner to obtain a building permit from the County of Weld , Colorado. ARTICLE III USE RESTRICTIONS Section 1 : Use Restrictions . -All Lots shall be used and improved exclusively for occupany and residence by a single family. For purposes of this Section, the term "single family" shall mean and refer to any individual or two (2) or more persons related by blood or marriage or an unrelated group of not more than three ( 3 ) persons living together in a residential dwelling unit . No more than one ( 1 ) single-family residential dwelling unit shall be located on a Lot . All buildings or structures erected upon any Lot shall be of new construction . Garages, barns and accessory out-buildings need not be attached to any residential dwelling but their design and construction shall be integrated into the overall aesthetics and plan in accordance with these covenants , and must be approved by the Committee pursuant to Article II. 8700565 `'.1., ,1 t+ < -E i trt .•arlt,,c a.uA�"+s'+# x"bc,,arv�w h.ggMf ^;t� ,,aL� 1 B 1148 ^�C 02090612 03/04/87 15:28 F 0962 .RY ANN FEUERSTEIN CLERK & RECO $600 RDER.WELD Cg: CO Section 2: Building Standards. All structures constructed upon the Property shall conform with the current edition of the 1 Uniform Building Code published by the International Conference of Building Officials. In addition , all structures constructed upon a Lot shall conform to current editions of the National Electric and National Plumbing Codes. Section 3 : Dwelling Size. The ground floor area for a one ( 1 ) story residentias -illiirg constructed upon any Lot shall contain not less than Fourteen Hundred ( 1 , 400) square feet of finished or unfinished living space , excluding open porches , garages and full depth basements . The ground floor area of a multi -level residential structure constructed on any Lot shall contain not less than One Thousand ( 1 ,000) square feet in total finished or unfinished living space , excluding open porches , garages and full depth basements. The garden level space of any residential dwelling shall be considered living space for the purposes of this Section 3. Section 4: Time for Construction. At the time plans and specifications receive approval from the Committee , the prospective building shall proceed diligently with construction of the residential dwelling, and the same shall be ready for occupancy within a maximum period of one ( 1 ) year from the date of commencement of construction. However, at the discretion of the Committee , this period may be extended for a reasonable period of time by written instrument signed on behalf of the Committee if said extension is made necessary by reasons of inclement weather, inability to obtain materials , strikes , acts of God and similar matters beyond the reasonable control of the builder. Section 5: Occupancy of Structure. No structure shall be occupied or used for the purpose for which it was designed or built until the same shall be approved by the Building Inspector of the County of Weld, or such other official designated by said County. No structure erected upon any Lot shall be occupied in any manner during the course of construction or at any time prior to its being fully completed, as required herein. Section 6 : Building Exterior. The exterior portions of all buildings shall have manufactured finished surface materials , natural stone or shall be painted or stained upon completion so that all exposed areas shall have a finished appearance . In addition , the exterior portions of all buildings shall meet the following minimum requirements: A . All residential dwellings shall have a minimum of two (2) color tones consisting of a main wall body color and a tram color;B . The structure shall not exceed ed siding eightexceed on l vertical portions (8) inche posureforhorizontal lap siding and not more than six (6 ) inch exposure for vertical I y ! 6 } 870056 iVil "'d; 9' ,a'P 't. 1 '�' U AA 7 L 4u-;:,Ye.tt t ry+,,,441 sf a t " .,t a' k kW.:t •41'^'."x' ,`_ � • ,r:. +�i$�` �" B 1148 REG .2090612 03/04/87 15:26 60.00 7/020 F 0963 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO lap siding; C . The roof on each residential dwelling shall have a varied line with a minimum of one ( 1 ) change in elevation and/or break in the roof plane; D. The front wall of each residential structure facing the street must have a minimum of at least one ( 1 ) offset to eliminate a single continuous front surface appearance on said structure; E. The roof material on each structure shall consist of asphalt, tile or wood shingles. No rolled roofing or metal roof systems shall be permitted on any structure except as to those structures existing as of the date of the filing of these covenants; and F. No structure shall exceed three (3) stories in height, except for existing structures, which if they do currently exceed three ( 3 ) stories in height may remain, but no additional height on the existing structures shall be permitted unless necessary to ib provide weathertight roofing. Section 7 : Landscaping. Within sixty (60) days following the issuance of a Certificate of Occupancy for any structure on any Lot , every Owner shall install the following minimum landscaping on his Lot unless prevented from doing so by reason of inclement weather: Six (6) street trees on that portion of the Lot facing the street , and have a minimum diameter of one F ' and three-quarter ( 1 3/4) inches at the base thereof, Section 8 : Air Conditioning Units , Television or Communication Antennas . No air conditioning unit, evaporative cooler , radio or television antenna, satellite dish or other objects shall be placed upon the roof or fireplace chimney of any residential dwelling or building unless such air conditioning unit or other object is architecturally concealed from view and the plans for concealment have been submitted to and approved by the Committee. f , Section 9 : Clearing of Trees and Grading. All of the trees cleared from the Lots will be disposed of- in such a way that all Lots , whethar vacant or not, shall be kept free of accumulations of brush , trash or other materials which may constitute a fire hazard or render a Lot unsightly ; ' provided, however, that this shall not operate to restrict Owners from storing firewood in neat stacks on their Lots. Under no circumstances shall the Owner of any Lot disturb the natural soil or grasses unless the Owner immediately thereafter constructs upon, paves, gravels or replants such area with ground cover approved by the Committee . The ground may be cultivated for gardening; provided, however, that no garden shall be maintained for commercial purposes. 7 870056 y l 4 .rte b,..tw ?rro 41r4r t`'�p'F•"r "; Y y4,C L"4 b" 4 * ��'e , asrxpy.'.r atal ¢. #. ... B 1148 REC 02090612 03/04/87 15:26 $60. 00 8/020 F 0964 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO A grading plan shall be presented to the Committee for its approval prior to the commencement of construction of any residential dwelling on any Lot and no additional grading on any Lot shall be permitted without prior approval by the Committee. Section 10: Unnatural Drainage. Except as approved by the Architectural Committee , under no circumstances shall the drainage characteristics of any Lot as established by the Declarant be altered by any Owner during the course of landscaping or subsequent construction within the P . U . D . Drainage swales and channels established by the Declarant shall not be altered , obliterated or blocked by an Owner . The elevation of a Lot shall not be changed so as to materially affect the surface elevation or grade of the adjacent Lots. Section 11 : Temporary Structures . No structure of temporary character, trailer, converted trailer, shack , basement , tent or accessory building shall be used on any Lot as a residence, temporarily or permanently, and no used structure of any sort shall be moved onto any Lot , except that the Committee may approve the use of trailers or mobile homes for a designated length of time , to be used solely for construction compound and/or construction headquarters during construction of permanent dwellings within the Property. Section 12: Nuisance. Nothing shall be done or permitted on the Property which may bee or become an annoyance or nuisance to the P. U.D. No noxious or offensive activities or commercial business or trade shall be carried on or upon any Lot. No Lot shall be used in whole or in part for the storage of any property or thing that will cause such Lot to appear in an unclean or untidy condition or that will be obnoxious to the eye; nor shall any substance, thing or material emit foul or obnoxious odors , or cause any noise that will or might disturb the peace, quiet, comfort or serenity of the occupants of surrounding property. Section 13: Garbage and Refuse Disposal. Each Lot shall provide a fully enclosed area for containment of trash, garbage , bottles , leaves or other refuse. Each Lot Owner must provide for regular removal of garbage and refuse and each Lot at all times shall be kept in a clean , sightly, and wholesome condition and weeds shall be kept mowed. Section 14: Walls and Fences No property boundary wall or fence shall be constructed with a height of more than six ( 6 ) feet and no boundary line hedge or shrubbery shall be permitted with a height of more than six (6) feet. No wall or fence of any height shall be constructed on any Lot until the height, type, design and approximate location therefor shall have been approved in writing by the Committee. The height or elevations of any wall or fence shall be measured from the existing elevations of the property at or along the applicable points or lines. Any questions as to such heights or elevations may be completely a 570056 A B 1148 NBC 0209051 03/04/8? 15 : 26 F 0965 'MARY ANN ' 11I'P:,T $60. 00 9/020 99 FE] N CLERK & RECORDER WELD Co, CO determined by the CommLt.-_ee . No a,all or fence shall interfere or obstruct any bridle and/:>r utility easement . Corrals for keeping and maintaining livestcck are specifically allowed and shall be subject to the same conditions and provisions of this Section 14 . Barbed wire fences shall not be permitted along bridle paths . Section 15 : Tanks . No elevated tanks of any kind shall be erected , placed or permitted on any part of the Property , provided that nothing herein shall prevent the installation of tanks and other waste system apparatus on the Property which are properly concealed as herein provided . Any tanks for use in connection with any residential dwelling constructed in the P . U . D . , including tanks for storage of fuels , must be buried or walled sufficiently to conceal from the view of neighboring Lots , roads or streets . All garbage cans , equipment , coolers or storage piles shall be enclosed to conceal them from the view of neighboring Lots , roads or streets. Plans for all enclosures of this nature must be approved by the Committee prior to construction . Watering devises or tanks for livestock are permitted and this section shall not apply to stock watering devises. Section 16 : Animals , Livestock and Poultry . Animals , livestock and poultry can be raised , bred , and kept on all Lots so long as it is for domestic use only and not for commercial purposes or operations . However , there shall be no more than three ( 3 ) dogs, two (2) cats , twenty (20) poultry, zero (0) hogs, four ( 4 ) horses and not more than six ( 6 ) of any other type of domestic livestock per Lot including , but not limited to , cattle , llamas , goats , donkeys , mules . However , in no event shall domestic animal density exceed or be greater than those provided pursuant to the Weld County Zoning Ordinance as the same exists on this date. Section 17: Signs . Not more than one sign of not more than five ( 5 ) square feet in area for each side shall be permitted on any Lot except for house numbers and the occupants ' name and provided further , that signs used by a builder to advertise a Lot during construction and sale may be placed upon the Lots. Section 18 : Mining . No derrick or other structure designed for use in boring for oil or natural gas shall be erected , placed or permitted upon any part of the P. U. D. , nor shall any oil , natural gas, petroleum, asphaltum or hydrocarbon products or minerals of any kind be produced or extracted therefrom. Section 19 : Subdivision of Lots . None of the Lots shall at any time be divided , subdivided or resubdivided unless said subdivision or resubdivision is permitted under the regulations, codes and ordinances of the County of Weld , Colorado. In the event of said subdivision of a Lot , such subdivided Lot shall 9 870056 ", 'e . : ill'HHiF twee+r.:a,.. . ....<,.t, ,-,«sY..n.w.>•.:,n..w.a.+rJ,...+w4.. "+ ."' t 1Ye#'7 •a 5kxti:r I „.t ,^, P .r s'n. � x.�_.. b 1148 REC 2090612 03/04/87 15: 26 Xo0.00 10/020 F 0966 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO continue to be subject to all provisions hereof. Section 20: Construction . The Declarant and its agents, during the construction period , shall have the right of ingress and egress over the Property owned by Declarant, and the right to store materials thereon and to make such other use thereof as in its discretion may be necessary to complete any construction thereon . The exercise of the rights of the Declarant as set forth herein shall not unreasonably interfere with the rights of access, occupation , use and enjoyment by any Owner of his Lot , his parking area or his access to a public street from his Lot. Section 21 : Parking. At least two (2) parking spaces shall be required for each Lot. ARTICLE IV THE PFERD HIMMEL PROPERTY OWNERS ASSOCIATION Section 1 : General Purposes and Powers. The Association through the Board of Directors shall perform functions and hold and manage property as provided in this Declaration so as to further the interests of Owners of Lots in the Project. It shall have all powers necessary or desirable to effectuate such purposes. Section 2 : Membership . The Owner of a Lot shall automatically become a member of the Association . Said membership is appurtenant to the Lot of said Owner and title to the ownership of the membership for that Lot shall automatically pass with fee simple title to the Lot. Each Owner of a Lot shall automatically be entitled to the benefits and subject to the burdens relating to the regular membership of his Lot. If the fee simple title to a Lot is held by more than one person , each co-tenant of a Lot shall be a member of the Association. Memberships in the Association shall be limited to Owners of Lots in the Project. Section 3 : Board of Directors . The affairs of the Association shall be managed by a Board of Directors . There shall be not less than three ( 3) nor more than five (5) members of the Board of Directors , the specific number to be set forth from time to time in the By-Laws , all of whom shall be Owners elected by Owners, except, however , that notwithstanding anything to the contrary provided herein, until the first annual ;, meeting of the members of the Association , the members of the Board of Directors shall be appointed by Declarant and need not be Owners of Lots. Section 4: Voting of Owners. Each such Owner shall have a vote for each Lot owned. Section 5: By-Laws and Articles. The purposes and powers ° of the Association and the rights and obligations with respect to 870056 10 B 1148 REC u2090612 03/04/87 15: 26 X00. 00 11/020 F 0967 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO Owners set forth in this Declaration may and shall be amplified by provisions of the Articles and By-Laws of the Association. Section 6 : Other Association Functions. The Association may undertake any activity, function or service for the benefit of or to further the interest of all, some, or any Owners of Lots on a self-supporting special assessment or common assessment basis . Such activities , functions or services may include the providing of police or similar security services and the providing of garbage and trash collection services. Section 7 : Property of Association . The Association may pay for , acquire and hold real property and tangible or intangible personal property, and may dispose of the same by sale or otherwise . Subject to the rules and regulations of the A-ssociation , each Owner and Owner ' s family and guests may use such property. Upon termination of ownership of the Project and dissolution of the Association, if ever, the beneficial interest in any such property shall be deemed to be owned by the then El Owners as tenants in common in the same proportion as their respective interest in the Open Space and transfer of a Lot shall transfer to the transferee ownership of the transferor ' s beneficial interest in such property without any reference thereto. Each Owner may use such property in accordance with the purposes for which it is intended , without hindering or encroaching upon the lawful rights of the other Owners. The transfer of title to a Lot under foreclosure shall entitle the purchaser to the beneficial interest in such property associated with the foreclosed Lot. Section 8. Association Right to Lease and License Open { Space. The Association shall 114t have the right to lease , license or permit the use of open spaces , bridle paths or easements to non-property owners. Section 9. Enforcement by Association . The Association may suspend any Owner's voting rights in the Association or the right of an Owner to use the Open Space or bridle paths during any period or periods during which such Owner fails to comply with the Association ' s rules and regulations, or with any other obligations of such Owner under this Declaration . The �. Association may also take judicial action against any Owner to enforce compliance with such rules , regulations or other obligations or to obtain damages for non-compliance, all to the extent permitted by law. Section 10. Implied Rights . The Association shall have !' and may exercise any right or privilege given to it expressly by , this Declaration, or reasonably to be implied from the provisions of this Declaration, or given or implied by law, or which may be necessary or desirable to fulfill its duties, obligations, rights or privileges. 870056 M ffi `am.1 �„r�nY. AY4:YAa,.aE , `•lk. Yy y-,„9 hLr, V 1',y�.(y,S -�`�y iy� T y Y S r , j y `Yh :d'✓T:S^y �+Y��i 4 vk e t ,'b S42L Sedn k }' 44. • B 1148 REC 2090612 03/04/87 15: 26 $60.00 12020 F 0968 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO ARTICLE V ASSESSMENTS Section 1 : Creation of Lien and Personal Obli ation ere y owne w in a roper y , The Declarant for ac a by acceptance of a deed therefor,covenants , and each Ow t of any Lot ,expressed in any such deed rco conveyance , not it to shall be to pay to the or conveyance , is deemed to covenant and agree and ( 2 ) Association : ( 1 ) annual assessments and charges , to bee fixed , established ,`a and acollected l improvements, such time to assessments time as hereinafter provided , shall charge the land l be ontinuinglienuponthepropertyagainst which neachd a a c such assessment is made . Each such assessment ,fees , with also such interest, costs, and reasonable attorney be the personal obligation of the person who was the Owner of such property at the time when the assessment fell due . The personal obligation shall not pass to his successors in title unless expressly assumed by Section 2: Pur ose of Assessments. The assessmer nis levied e ied by the Association s a e use exc us rely promoting the aesthetic pleasure, recreation, health, safety, and welfare of the rits of the rrRoadsa for the improvement and maintenance of the Open Space and Section 3: S ecial Assessments for Ca ital Im rovements. In addition to the ainuanyassessmen assessmentsyear, a special assessment t Association may levy ly for any purpose of defraying , applicable to that the cost ofany construction or reconstruction, whole or in part, capital improvement upon the Open Spacer or udpngcfinett of a related thereto, Space including fixtures and personal property provided that any such assessment shall have the assent of four-fifths ( 4/5 ) of the total voting tingemmembershipforthis who are ing in person or by proxy at a meeting duly Section 4: Noticetn and no ceprum for An Action of any mee ng calledforrzthe nSection 3 above io t 3. d I r Sec under undo ed shapose o taxing any action authorized shall be sent to all Owners not less than thirty ( 30) daAt the i or more than sixty (60) days in advance of the meeting. ies first such meeting called, (80%) of all the the prrs er of sence of entitled to cast eighty percent total voting membership shall constitute a quorum. I 1 Section 5 : Uniform Rate of Assessment. Both annual and special assessments must be fixed at a uniform rate for all Lots. Section 6: Date of Commencement e o ofA ere ❑ s nnuAssessments- Due ee r Dates. The annual assessmen s p ash all Lots on the first day of February of each year. the first annual assessment shall be adjustedby p The Board of roraassessment according to the month of purchase. 12 '370056 k,,a . .d x,P=°+ t r a. . is�� p ,.pi a� �rt s w ♦ �," t :¢ ty � 4,- Ada ' ', M s �.�j£rk5 B 1148 REC 02090612 03/04/87 15:26 $60. 00 13/020 F 0969 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO Directors of the Association shall fix the amount of the annual assessments at least thirty ( 30) days in advance of each annual assessment period . Written notice of the annual assessment shall be sent to every Owner subject thereto . The due dates shall be established by the Board of Directors . The Association shall upon demand at any time furnish a certificate in writing signed by an officer of the Association setting forth whether the assessments on a specified Lot have been paid . A reasonable charge may be made by the Board for the issuance of said certificates. Such certificate shall be conclusive evidence of payment of any assessment therein stated to have been paid. Section 7 : Effect of Nonpayment of Assessments; Remedies of the Association. Any assessments which are not paid when due shall be delinquent. If the assessment is not paid within thirty ( 30) days after the due date, the assessment shall bear interest from the date of delinquency at the rate of eighteen percent ( 18%) per annum, and the Association may bring an action at law against the Owner personally obligated to pay the same , or foreclose the lien against the property; and interest , costs , and reasonable attorney 's fees of any such action shall be added to the amount of such assessment. No Owner may waive or otherwise escape liability for the assessments provided for herein by nonuse of the Open Space or abandonment of his Lot. Section 8 : Subordination of the Lien to Mortgage . The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage. Sale or transfer of any Lot shall not affect the assessment lien . However , the sale or transfer of any Lot , pursuant to mortgage foreclosure or any proceeding in lieu thereof, shall extinguish the lien of such assessments as to payments which become due prior to such sale or transfer. No sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof. Section 9 : Exempt Property . The following property subject to this Declaration shall be exempt from the assessments created herein: ( 1 ) all properties dedicated to and accepted by a local public authority; and (2) the Open Space (Tracts B and C) , Private Road (Tract A) , and Bridle Path (Tract D) . ARTICLE VI EASEMENTS Section 1 : Easements . Easements for installation and maintenance of utilities , Bridle Paths and drainage facilities are reserved as shown on the recorded plat of the P.U.D. Within these easements, no structure, plantings or other materials shall be placed or permitted to remain which may damage or interfere with the installations and maintenance of utilities , or which may change the direction of flow or drainage channels in the easements or which may obstruct or retard the flow of water 13 870056 y. k q 44“ .4?i3c�-,rfsv4l? x - 34 �.&,. e Y.:n ✓vn+. 1 ,. ., k�...� k�k'�w .c'�A v'e ��'. B 1148 REC 02u90612 03/04/87 15:26 $60.00 14/020 F 0970 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO through drainage channels in the easements . The easement area located upon each Lot and all improvements in it shall be maintained continuously by the Owner of the Lot , except for those improvements for which public authorities or utility companies are responsible. Section 2 : Title to Open Space and Roads . Title to all Open Space (Tracts B, C and D) , and the Private Road (Tract A) , as identified on the P . U .D. recorded plat shall be vested in the "Pferd Himmel Property Owners Association". Section 3: Delegation of Use. Any Owner may delegate his right of enjoyment to the Open Space and facilities to the members of his family , his tenants , or contract purchasers who reside on the property. Section 4: Extent of Owners ' Easements . The rights and easement of enjoyment created hereby shall be subject to the following: A . The right of the Association to limit the number of guests of Owners; B. The right of the Association , in accordance with its Articles and By-Laws , to borrow money for the purpose of improving the Open Space and in aid thereof to mortgage said properties. In the event of a default upon any such mortgage , the lender 's rights hereunder shall be limited to a right, after taking possession of such properties , to charge admission and other fees as a condition to continued enjoyment by the Owners and, if necessary, to open the enjoyment of such properties to a wider public until the mortgage debt is satisfied whereupon the possession of such properties shall be returned to the Association and all rights of the Owners hereunder shall be fully restored; C . The right of the Association to take such steps as are reasonably necessary to protect the above-described properties against foreclosure; D. The right of the Association to suspend the enjoyment rights of any Owner for any period during which any assessment remains unpaid, and for any period not to exceed thirty (30) days for any infraction of its published rules and regulations; E . The right of the Association in accordance with its By-Laws, to charge reasonable admission and other fees for the use of the Open Space; and F. The right of the Association to dedicate or transfer all or any part of the Open Space to any public agency , authority , or utility for such purposes and subject to such conditions as may be agreed to by the Owners. No such dedication t or transfer shall be effective unless an instrument signed by 870056 14 di-I S/.$5 e:5' a�*z�R�Sw+ Y�..( ahra :4.x 4.�; ,4)xMe✓n { [.lb "4" � �, B 1148 REC v2090612 03/04/87 15:26 $60.00 15/020 ^:. F 0971 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 1 I , four - fifths ( 4 /5 ) of the Owners of Lots agreeing to such dedication or transfer has been recorded. ARTICLE VII BRIDLE PATHS Section 1 : Maintenance. The maintenance, general care and upkeep of all Bridle Path easements as shown upon the recorded plat shall be the responsibility of the Association . Said maintenance includes keeping and maintaining all ramps in good r repair. Section 2 : Fencing . Property Owners adjacent to Open Space and Bridle Path easements may fence to the inside of said easements and tracts to confine travel to the Bridle Paths . i` Maintenance of these fences shall be the responsibility of the I' Property Owner. Barbed wire shall not be permitted along Bridle t Paths or Open Spaces . 1 r Section 3: Use . The use of all Bridle Path easements is I solely for Owners at-Ca—their guests pursuant to reasonable rules t" as may be promulgated by the Association. Section 4 : Prohibitions. Livestock shall not be permitted upon ditchbanks or in ditches. 1 1 ARTICLE VIII IRRIGATION WATER Section 1 : Shares of Stock. Upon the sale of the first Lot within the project Declarant shall convey to the Homeowners Association one-half ( 1/2)share of the capital stock of the Lake Canal Company and one-half ( 1/2) share of the capital stock of the Chalgren Lateral Ditch (carrying right) . Additional water supply including purchase, rental, lease , storage , augmentation , use and exchange may be acquired by approval of four-fifths (4/5) of the voting membership of the Association. Section 2: Ditch Company By-laws. The Association shall be specifically subject to all rules, regulations and by-laws of , the Lake Canal Company and Chalgren Lateral Ditch. Section 3 : Use . The Association shall have the , responsibility to proiTle for regulations concerning the use of the irrigation waters owned and/or used by the Association. Said waters are for the use and benefit of the Owners in the property for the irrigation of the Lots and the use of the water is to be prorated among the Lots in accordance with good irrigation practices taking into consideration the location and size of the Lots. Section 4: Pumping Prohibited. Pumping of water directly 15 870056 t irk,�,�^✓`.�ASe`X+#0.1�`+c .A$�k` `i"' } r� ' k.;.;' - ::. •y Fa1ea WaY.a�� a - n --- . , id 1148 REC .'20901 , .. /04 UI 15 : 26 $60. 00 16/020 F 097' 'nAR1 4,,NN :: [112/4. N Li,HRK c RECORDER WELD CO, CO from the Chalgren Liter : . is pecifcaliy prohibited . However , this restriction does r prohibit the use of pumps once the Association ' s water has -_oft the Chalgren Lateral Ditch through a company approved headgate For use upon the property. Section 5 : Assessments . The Association is responsible for payment of all ditch and lateral company assessments in �. accordance with the ditch and lateral company by—laws and regulations. ARTICLE IX PRIVATE ROAD (TRACT A) Section 1 : Description . The North boundary of Lots 2 and 3 and the South boundary of Lots 4 and 5 is a private access road ( Tract A ) which is for the use and benefit of all Owners and guests. Section 2 : Ownership . Ownership of this road shall be vested in the Homeowners Association. Section 3 : Construction . Declarant shall be responsible for construction of said road in accordance with the standards and policies of the Weld County Engineering Department. Section 4 : Maintenance and Repair . The Homeowners Association , after construction , shall 'e responsible for all maintenance and repair of said road , including snow removal, if desired by the Association. However, as Lot 1 does not have any direct ingress or egress to or from Tract A , no assessment for maintenance and repair of Tract A shall be charged to Lot 1 . Section 5 : Easement . Said private access road (Tract A) is also subject to use for purposes of ingress and egress to the adjoining property which is known as Lot B of Amended Recorded Exemption ..# 755 . So long as Lot B is used for agriculturally-related uses , any owner or tenant of Lot B shall not be responsible for assessments, maintenance and repair unless the owner and/or tenant causes damage to the private access road. In the event the use of Lot B is changed from agricultural to any other use , including development which requires the use of Tract A for ingress or egress , then , and only in that event , shall assessments for maintenance and repair be assessed in an equitable manner at the time the use of Lot B is changed based upon the number of lots using said road . Further reserved and subject to this ingress and egress easement is the south thirty ( 30 ) feet of Lot 5 , and all provisions of this Section 5 are equally applicable to the South 30 feet of Lot 5. tt ( i817(30561b .wu�w..wew�a.,...ai ,.:.,.:.. . L,. _.,:. . .:.::... ...: .:...... ,.•s.: , {;4wiClNrga. B 1148 REC 02090612 03/04/87 15: 26 $60.00 17/020 F 0973 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO ARTICLE X GENERAL PROVISIONS Section 1 : Enforcement . The Committee , or any Owner , shall have the right, by any proceeding at law or in equity , to enforce all restrictions , covenants, conditions and reservations now or hereafter imposed by the provisions of this Declaration . Failure by the Committee or by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter . Additionally, to further the mutual interest of the residents , occupants , and owners of a PUD and of the public in the preservation of the integrity of the PUD, the provisions of the PUD District and Plan relating to the USE of land and the locations of COMMON OPEN SPACE shall run in favor of Weld County and shall be {' enforceable at law or in equity by the Board of County Commissioners without limitation on any power or regulation otherwise granted by law . The terms "Use" and "Common Open Space" for the purposes of this section are also defined by Weld C, County Ordinance No . 89 as amended and in effect on the date of { the filing of these covenants . Pursuant to said Ordinance the term "Common Open Space" is defined as follows: "means a parcel of land , an area of water , or a combination of land and water excluding streets, parking lots and right-of-ways within the site designated for a Planned Unit Development designed and intended primarily for the use or enjoyment of residents, occupants, and owners of the Planned Unit Development . " ; and the term "Use" is defined as follows : "any purpose for which a STRUCTURE or a tract of land may be designed, arranged, intended, maintained , or occupied ; also any activity, occupation , business or operation which is carried on, in or on a STRUCTURE or on a tract of land. " Section 2: Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions which shall remain in full force and effect. Section 3: Amendment. The covenants and restrictions of this Declaration shall run with and bind the land, for a term of twenty (20) years from the date this Declaration is recorded , after which time they shall be automatically extended for successive periods of ten ( 10) years. This Declaration may be amended by an instrument signed by the Owners of not less than eighty percent (80% ) of the Lots and one hundred percent ( 100%) of the First Mortgagees of the Lots . Any amendment hereto must be recorded. Section 4: Gender and Grammar . The singular , whenever used herein , shall be construed to mean the plural when applicable , and the necessary grammatical changes required to make the provisions hereof applicable, either to corporations or individuals , men or women , shall in all cases be assumed as though in each case fully expressed. 17 870056 S ₹t+x " B 1148 REC :090612 03/04/87 15: 26 $60.00 18/020 F 0974 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO IN WITNESS WHEREOF, the undersigned , being the Declarant, have executed this Declaration this 2_ 24 day of February, 1987. J.M.C. Company Pension Trust, by: .44..2_-1 7 i ItC .r? .✓ AniF -€ , sed y ,�..�f-�'. ale Kaiser, Tr s e Shirley Stallings, Trustee J.M.C. Company Profit-Sharing Trust, by: • .uLA.' rC •Gal .�.r— ' _- ../. -1/ 4-'1 ed./4, t-7 :vas Dale Kaiser, Trustee ® Shir ey Stallings, Trustee Fort Collins Orthopedic Associates, P.C. Pension Trust, by: MIMurray, ustee orge .E. Castlr Trustee / Fort Collins Orthopedic Associates , P. C . Profit-Sharing Trust, by: tee/ � �/D ��'� , Douglas_,A45-4. M. Murray, r ee J ge E. Castillo,�stee ' 0 Fort Collins Orthopedic Associates, P. C. Second Pension Trust, by: , ae a se '�i��Lr. pct � a� Ka Trus ee Shi ley Stallings, Trustee . Fort Collins Orthopedic Associates , P.C. Second Profit-Sharing Trust, by: •Ast.`L..)r- .lip/Z sa.", , &4. )7�ii�l ..'' Dale Kaiser, Trustee r ey Stallings, Trustee •J' � • Charles T. Collopy, P.C. , Profit-Sharing Trust �A . arlrsCollop��a1 T la, harles T. Collopy, T ee 18 870036 . ,t'.. �s 4: aL�R. . -p., x ,`,..' ‘.'-'”"'-"L','a ce , ''i . y t 4 h .. X.i i W1k S Y '4 Mw .'� A a°d#�.;r_: E4F it b 1148 REC 02090612 03/04/87 15: 26 $60.00 19/020 F 0975 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO STATE OF COLORADO ) � : ) ss . COUNTY OF `c p,, yy,¢c Subscribed and sworn to before me this a 3 day of � pdo , 19 8 , by J . M . C . Company Pension Trust , by Dale Kaiserband Shirley Stallings , Trustee ; J . M . C . Company Profit-Sharing Trust , by Dale Kaiser and Shirley Stallings , Trustee ; Fort Collins Orthopedic Associates , P.C. Pension Trust, by Douglas M. Murray and Jorge E. Castillo, Trustee; Fort Collins Orthopedic Associates , P . C . Profit-Sharing Trust, by Douglas M. Murray and Jorge E . Castillo , Trustee ; Fort Collins Orthopedic Associates , P. C. Second Pension Trust, by Dale Kaiser and Shirley Stallings , Trustee ; Fort Collins Orthopedic Associates , P . C . Second Profit-Sharing Trust , by Dale Kaiser and Shirley Stallings , Trustee ; Charles T. Collopy , P .C . , Profit-Sharing Trust , Charles T. Collopy , Trustee ; and Charles T. Collopy; by Charles T. Collopy, individually and as attorney-in-fact. Witness my hand and official seal My Commission Expires: f"y J 1 U Notary 'u.li. \a0d ct . Ott 1rS1%. ' . a -Qa g!)W--- • 19 870056 , . B 1148 REt 2090612 03/04/87 15:26 $60.00 20/020 i . F 0976 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO AMENDED RECORDED EXEMPTION NO. 0807-09-4-RE 755 , No•/A this SE % See. 9, 7.GN., R.G7H// ;rte .cP`b. 4. lilt' -,-i. :crib. apn� S Of'V �►ee irt ‘4 kS kb. • I IS o F yY' 2Z.f f0 Ac. Gross IC I.: •a$� 1049 AtR.0.W Ip0: ° n 2/.06/ Ac. Net a e y2 N. 78.0536 W /65.2I' U. C M.7s'o5'36 W../65./9' '• h i2 lia L•/io.i7'R+65.00'a•ISo•oo'oo' h p 1. f Ch.it5.67'N•GVOS'S6'W J 3 - IW 4 L•t6./e'R'Z5.00'4• 0'00:17 v b y t Ch. 25.00'5.70542•0111 N a 1I� W LOTS c•66.4o•R+62o.M'a•06 878 .. ... Ch•66.37'N.e/'094L'W p u I t /00.0 Acres N.ISsatt '6• I N Mr7't6Yele. N.infring a •.. 69.s/' I6?.If' I 8 4 vs of / x w 1 wetsore• { CSb„eh h; . SE. Sri See. 9, rase,ma7K! I r i J i A c ' — EXHIBIT "A" — 8`ay 0056 - • 1 'aYt„ ,,,rµ$,k«v2<.• a•1 . may. aya< .Y } -si s 'Y SE , r FOR PLANNED UNIT 'F\ ..LCPMF. UTILITY cR, iCc ST;.7 _�:�T •'• PLAN (FINAL) NAME OF SUBDIVIDER OR DEVELOPER Charles T. Collopv Name of PUD Pferd Himmel _ Agent/owner Kenneth F. Lind, Esq. Named Address 1011 Eleventh Avenue. Greeley, CO 80631 ELECTRIC UTILITY COMPANY n . y_ /�JS Q Q °2t . 10/y796 Approved by t,;Li°'r'r( (/ v"" / le- (Date) (Name) (T tle) 0 Subject to additional easement for overhead line and guying as needed. Disapproved by (Date) (Name) (Title) EATER // /(/617`/' 44Cvc<7,0229n ,9/-57� Approved h: /qj 4n'.46'=17/' /ri /a�e,'}l /,(Name) (Title) (D Subject to Disapproved by (Name) (Title) (Date) SEUER Approved by (Name) (Title) (Date) Subject to Disapproved by (Name) (Title) (Date) TELEPHONE COMPANY Approved by .) 1R la.Pa /.TnAbrn 41 I- //7yy cnor� i) 10 -15-16 (Name) / I (Title) f (Date ) AJnr ; , ill Subject to ��) /10tH•�.�nni� tw/ rtti bn � rr Disapproved by (Name) (Title) (Date) GAS =ANY Approved by (Name) (Title) (Date) Subject to Disapproved by (Name) (Title) (Date) FIRE DISTRICT Approved by lent? „&e41,,,,brw wArtat na 9.-1 -G ;24,244 ' /07,41 Sane —" 0 (Title) (Date) Subject to Disapproved by (Name) (Title) (Date) \� ; 17 \ ^. �b 4 ; 150° 00,. -_ Ch: 125.57'. ' " N 86°54124”E '; 4 :.15000 _ .,� x_. tis .- � � V ch:125.57 ,. �... . _ i . 26.18' -I �` _ ,,,2 R • 25.0' - ---"N• . -• . S11°14, -• • _�: 60°00� ?4eW 175.0': . t.1 ch::25.0 t S Y1`54' 24"W R :25.0' 1 .3Jffi1br:GTiG 17.1' - - • I -- : 25.0 ~i f. 11 N 48°Q5 36"W site . • a L� i - to PAX j ;/4v 'K! r• to .1__ . '/-s •orF ' 1 M1i,..1 5•o aa.. / z VAMYR'. i 1 • R 620 o' I ' I HI - ch'120.o8 / i N 84 02 06"W D 06° 08112" / i N ch:66.37' , new culvert .\ N 81° 09'42"W I I : \ 319 , 57 ' - --- ii 72.07' - - --trs r..7,c L; I Wf•LLL-OFF V6LVE , i I ch: 62.16' _ I I iI N87°06'11"W .-- i .(------ ---- S/4"1-bm : k' I i '' - - 4820..4%, -- ° �i- " GRAVEL DRIVE •,..„)...../.------ / ` LOT- __, ./-' , - - _ _- • 6.734 I/� ` ?/4`K Gs!�tr1Z \� S.F. �,( `1 Mir! 5-0 m '� r � � ��v� f5 �.1�1 -, -, us° �. --...\-__ l ;\` - -- i O - — _ 1 ! x;41`, �a �_ i ' 14 ` J -- - � Lam\:. • N �qj I -_ ' t 3- ' , `' N. : .-, , O existing cbttonwob3s I i ., I? ;- II ' ` ‘ •, . J is ,, ! • -• S ,-1 d 0 `H COMMON ACCESS, BRIDLE 8 - �`' , ;in 1. ce , UTILITY EASEMENT } t I co .,.t ' -Op..E co I, r 6. • 18: - .. 'r. I° • . �H c 7•'tsICv Z 'Yis . ---m- - i j i - — Foit. L�cs�-3,4,Y5 r".ovrar- a •cov>✓2 rote �� 11`. �j - -;---- - new culvert • -S��K, t9'Y::L K wear. N ` \ \ \ . IO — --11 •/ -- _ y — yl i.. r -��., A �� ' { J' J�;; } r:sv ro. _ oL � utiihityls menl ., - --t Qom' 2Q t --t - _- — - _ - - w - 1•c Y---TRACT- E t.oa9a�. 1527. 15 _ i 1 WELM-C�Ut\TY- ddbr rip -� L: 170�'T._. _ \\` 1� " I : 1_50° 00.. 1>(/- / ch: 125.57'_ _ .,� 4 :.150`00 1 ss r N 86°5424 E ??,,:a:1-11--1:;:-.. - ch:125.57. ,. ^ \ ' : - • - _ L . 26:{8` - ch: 25.0 0 f W 175.0 S. T1°54'247 _ . - - (: R 25.0' _ , , •i ,, house `31 {laniC�r+G TAP 1 w ; 25.0 _ s 1 / 14 48°Q5'36.,W sIle ;, . �. _ Kp W t 1 CI)in `o + ' E7E2= eox I 'S/4 K- t-Ort 1L • 7- w/SFWf•OrF ' 1 MIti1 5-t' ,COJP..,'Z ' ' \ I ,. , R : 6 20.0 1 J ' , ch:120.08 ._ A ' 06° 08. 12" / - __�— N 84°02' 06"W , �_ N ch:66 .37' 1 I 1 new culvert \ N 81° 09'42"W ', j , , \ 319 . 5-- T ..� _ . -- 72.07' - rG-Fs_ ea L-.7 W/Sa+r-OFF V6:VC ; ' { i ch: 62.16' i N87°06'11"W�---- 1{_!- -------- 8/4"T M$5TLG 1Z.? _ - °820` �/ ° - GRAVEL DRIVE � / � _. � � LOT. .-. _� - �L 6.734 1�( ra i 5-0 m - Hagar- . . 15 w 15 use �. -`�,- �4\2 •� \ :; ' \ - -/NYeB /).kith' ``\,. � .\ \ '~ 10 I oVer<ieac eIcc-fi'ic. Inc_ acE� '' - existing`cbtton o0 I) : ! • s3 it 0 • - _ COMMON ACCESS, BRIDLE & - — - . Iin 1' ' co N UTILITY' EASEMENT 00 s.18= r`S 1 lin ` --7114.;“%"7,1-r2 Tilt ape 4�V i:E- 1 co �; , ,i- '�; !°� t t - PT L..31S�3,4e-5 ^'..ovrJt N, , is r C8 & rat.. Y� Zb .� • I,� 7• new culvert` 57�c L9cv::Z 'a; gfartIC 1-e °, - - • _ - - r me �rRr�t `, �\� �� ; ' •o1, bridle 'f- nCFR lac - '� ,, , J!',_Tu4 rc-wl, To. -- - o L -- _utility e /fir nrF w-v� *�, 11 /i Co-h 1 e,f_lr— — _ cO: — —— m e n t V QA 2D - ° - _ - - - - �_� � w _� . i l c' -TRACT, E 1.049 at:. ' ,s27. 1s' l W , -{3-C--0U N-T-Y- - t hl' A O0_ CZ ' 1/{ •••••- ‘-, ----N-1> -- ------ 7------i -r=lit_i /s.3 ,..<.:--vr..r- -• \'7+ b +— . p•.f 150° 00� '` se- L: 170-27 R� 65.0 � ' ' ch: 125.571 _ . _ V d;.150°00 C_ ti. yes N 86'54 24"E .. c ch:125.57_ t. ,^ ' 1 s * -- - _ N .63°05'. 36 ` = •>a -' - .:.d 60°00/ _ - - -: - •, / A 2q S. 71°54'24 .W - R. t 25.0 • ` � - a 6000 _ • T h — 3!4 �'T'1lC Tat' - I w . ch s 25.0 i : 5 N 48°Q 36� I _ . I T- t ` l w/SµtiT•orF ' 1 r ii-i r-o roan 2 / 1 ! i // JI: R : 620.0' s : , ch:120.08 _ ch:66.37' i i new culvert N N 81° 09'42"W J \ 519 . 5- T ' 3 - 72.07' - _- N CT Er ?-C 1___T ; l ch: 62.16' I I I • `� - N87°06'11"W.. _1( - ------- 314"tb '7T'r esTIL . i _ - tezo� �� ° - j GRAVEL DRIVE LOT- - • 7- - - 1�‘ 6.734 /�� '14'K ea.nitR v ; S.F. . �`1 toi4 5-0 _ m •� T -' r.GovFJC 15 f'• 15 - `; -�_ -r s - Ue YY ; \ _ > x,} � � '\ -n ;y I likes pu\i„.. -__ _ - ice- \ N' i r-• t '' existing cotton ob iI `I- .1- , & i n a) EASEMENT& : 1P2 18= 1 s`n v . . I co .1 , 1° • �h _cat -ryrE'K y=CYi:� • �' I I -- -- -- - Fo I.-01`,..„-5,4 gar-3 r_t? 7L ' I= :5-o M4 cdvEzc u cove,& rrX. k ' q,�+ I. 1,_ - ' - - - new cylvert - bi Rr ' . , . li _ - _ a L bridle �- 'm a. Sac \\ \ !� ,�., i s?�).T 4 rc-s. TD. '� Jr5••xr or; v+;vc ' 1I i.-r �:af �= " _ r�i utility e menl - ZS '— PQD' 2Q0` —� — _ — w.,� ' --TRACT, C t.oasa�. 1527.15' -� i W E L--D--C-C3t31V! TY- 1 / c9bxp / r_ \b As p � 150°00f \ L 170 '_. k - ch S 125.57 ° ,, d .150`00 > N 86 54 24 E --:-%.: •• _ ch:125.57 .. N 1 ' �� _ L 26.18 — L 2q , ch: 25.0 \ ` _ 175,0 _ S. 71°54' 24"W_ . — _._ _II. _ i S 125.0' '' ( 15 = 60°00' I ho _g `\ .v+r�r,GT7G TAP +.. W eh 25.0 I . , j1• r N 48°Q5'361 site r. o1' Le' — — tn 1 o j Co / \ 1"tcTEt taa 1314-11 `14,-G�i"r-1- '- . i--. kJ/SI-kir•orF ; M11-.t 5.0 loJe.Z /� z I I vt-Lva f 1 1 :66.4' + 1 t ill / R7620.0' i .1 ch:120.08 A706° 08' 12° % i 1+ _�-_f N84°002' 06"W` , . ch:66.37' % i new culvert N N 81° 09'42W r , : N 619 .5 T - . 572.07' - N,vrE2_ P.lx 1-1 Li i11 Wi¢�cr (Ma.. 5;..�-rr-OFF va,I.VE 1 ' j I ch: 62.16' 1 'j ' '. , -- _ N87°06'11°Wl-1-11 -{' — - -- S/411R,Mta71G 'TAY I - i TI - 4820` \ -- ! -} _ • - GRAVEL DRIVE ' - LOT- _ — - -, -- - 6.7,34 -- ��4 17 4cr'g•t is \ S.F. • rtr 5-0 - c , - tGovEx . . 15 w 1 • - j- ttes , -- ',J r/, 71-y X\ \ ti C I - - - o it r _ I k-.-. , N. � (O R existing`cbtton ob 11 y I: / '3 it. - , HCOMMQN ACCESS, BRIDLE & UTILITY EASEMENT 1t'l w Y t u> 96.18: l0 1 �" i TT?E'rc" . ' i - 'v- i'‘: ,�)l -1 .dam .r ` - : , -c-- it I 11. 1 FEZ L 7tS`3,49 i r&.ovrpt: '.:u cavEZ ro>< t,' Z-\ • I!- - new culvert -5> tG tElt.vt G I: oPr4c 1 \ •1 a' It R(t 11f1fu^'t_ } ' - a. >< at or&LeT bridle nr.o- rlr-r-ft ra,ec .\ N �,� 1' �i. f� : :iN F eo 70. '� utility e • N/.'xY, orr Va:-vt - I. / G71..:T !:{-!D--J'+ — .._ M 1 _ - ement ' - - �q4 2D --_ - - —.---- { .� ! - TRACT E t.oaser:. - 1527.15' ' WE �{�{\}T_ UTILITY SERVI STA.IL:!LNT FOR PLANNED UNIT PE _OP!iENT PLAN tPP.:AL) NAME OF SUBDIVIDER OR DEVELOPER Charles T. Collopv Name of PUD Pferd Himmel _ Agent/Owner Kenneth F. Lind, ESq. Name .& Address 1011 Eleventh Avenue, Greeley, CD 80631 ELECTRIC UTILITY CO"PANY Approved by UfZ )o/IY/BIo (Name) (T tle) (Date) Subject to additional easement for overhead line and guying as needed. Disapproved by (Name) (Title) (Date) EATER O/.57'J Approved 'bA r 4 "; lq YO /e/W, /(Name-) (Title) (Date) Subject to Disapproved by (Name) (Title) (Date) SEWER Approved by (Name) (Title) (Date) Subject to Disapproved by (Name) (Title) (Date) TELEPHONE COMPANY • ✓h Approved by ✓J,.,) ✓(bo item .ItnnrtP //lcncitei) /0-15-86 (Name) /I (Title) l (Date) Subject to �i d nQboA41,7A; .✓m) /.ibLinitlLJ✓p I l/�bin. 2Jdcr. Disapproved by (Name) (Title) (Date) CAS COMPANY Approved by (Name) (Title) (Date) Subject to Disapproved by (Name) (Title) (Date) FIRE DISTRICT Approved by 17; &41-10te r ' WAnelPt '�itM-L "get /O7/t( Name - c4 t11/, (Title) (Date) Subject to Disapproved by (Name) (Title) (Date) f ^'ti Hello