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RESOLUTION
RE: APPROVE FINAL PLANNED UNIT DEVELOPMENT PLAN, BEEBE DRAW FARMS
AND EQUESTRIAN CENTER, FIRST FILING - BEEBE DRAW LAND
COMPANY, LTD.
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 24th day of July, 1985 , 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 Beebe Draw Land
Company, Ltd. , 1551 Larimer Street, Denver, Colorado 80202 , and
WHEREAS, said Final P.U.D. Plan concerns the following
-described real estate, to-wit:
Sections 3 , 4 , 5 , 8 , 9 and 10 , Township 3
North, Range 65 West of the 6th P.M. , Weld
County, Colorado
WHEREAS, the Board of County Commissioners 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 of the Weld
County Zoning Ordinance.
2 . The request is in conformance with Sections 28 . 3 . 2 et
seq. , of the Weld County Zoning Ordinance as follows:
a. The proposal is consistent with the Weld County
Comprehensive Plan. On December 5 , 1984 , the Board
cf County Commissioners approved the subject
Planned Unit Development District because the
application did meet the required criteria of the
Weld County Zoning Ordinance.
b. The Final Planned Unit Development Plan conforms to
the approved Planned Unit Development District.
V/
650113
Page 2
RE: FINAL PUD PLAN - BEEBE DRAW LAND COMPANY
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 Weld County 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, subject
to conditions as listed below.
e. The Final Planned Unit Development Plan is located
in an overlay district area.
NOW, THEREFORE, BE 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 -applicant shall address the specific concerns and
recommendations of the Weld County Engineering
Department prior to recording the final Planned Unit
Development Plan plat.
2 . The applicant shall -address the specific concerns and
recommendations of the Weld County (Reorganized School
District RE-1 .
3 . The applicant shall submit a Subdivision Improvements
Agreement approved by the -Board of County Commissioners
prior to recording the Final Planned Unit Development
Plan plat.
4 . Prior to the issuance of any residential building
permits, a law enforcement authority shall be in place
and operating according to State law.
5 . The applicant shall address the specific concerns and
recommendations of the Panhandle Eastern Pipeline
Company prior to recording the Final Planned Unit
Development Plan plat.
6. The following notes shall be placed on the Final Planned
Unit Development Plan plat:
Page 3
RE: SINAI, -UD PLAN - REE-BE DRAW LAND COMPANY
a. The uses permitted in the Planned -Unit Development
are R-1 (single family dwelling) , 12-3 (attached
dwelling units of two or more, but not more than
six dwelling units per legal lot) . Recreational
uses as described in the application materials on
file with the lepartment of Planning Services and
oil and gas production facilities.
b. All dwelling units, the indoor and outdoor arenas,
stadiums, and the clubhouse shall be located a
minimum of three hundred (300) feet from oil and
gas drill sites and production facilities .
c. The Central 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 et. seq. of the Weld County
Subdivision Regulations, pursuant to public water
supply systems and fire safety requirements.
d. The applicant, developer, and/or homeowner' s
association shall provide and maintain all roads
internal to the Planned Unit Development District.
The roads internal to the Planned Unit Development
District shall remain private and must comply with
design standards listed in Section 8-1 et seq. and
8-2 et. seq. of the Weld County Subdivision
Regulations.
e. Additionally, the Beebe Draw Farms and Equestrian
Center Property Owners Asssociation and Weld County
shall comply with the Road Maintenance and
Improvements Agreement regarding impacts to Weld
County Roads signed on April 3 , 1985 .
f. There are minimum floor elevations, filling
requirements or drainage provisions on certain lots
according to the drainage report completed by Mr.
Endicott, dated July 10 , 1985.
Page 4
RE: FINAL PUD PLAN - BEEBE DRAW LAND COMPANY
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 24th day of
July, A.D. , 1985 .
� � BOARD OF COUNTY COMMISSIONERS
ATTEST: � WELD COUNTY, COLORADO
Weld County Cl rk and Recorder
and Clerk to the Board J ine o nson, Chairman
BY: putty rC Gene R. 'Brantner
Deputyr�ounty cf./
APPROVED A TO FORM: C.W. Kirby/---4-17
, Pro-Tem
zeist-
C EXCUSED
V Gordon E. L cy
County Attorney 1
Frank
Ya ra
HEARING CERTIFICATION
DOCK-ET NO. 85-44
RE: FINAL PLANNED UNIT DEVELOPMENT ELAN - BEEBE DRAW FARMS AND
EQUESTRIAN CENTER FIRST TILING - BEEBE DRAW LAND COMPANY, LTD.
A publictearing was conducted on July 24, 1-985, at 2:-00 P.M. , with -the
following present:
Commissioner Jacqueline Johnson, Chairman
Commissioner Gene Brantner, Pro-Tem
Commissioner C.W. Kirby
Commissioner Gordon E. Lacy, Excused
Commissioner Frank Yamaguchi
Also present:
acting Clerk to the Board, Tommie -Antuna
Assistant County Attorney, Bruce T. Barker
Planning Department representative, Rod Allison
The following business was transacted:
I hereby certify that pursuant to a notice dated June 12, 1-985, and
duly published June 20, 1985, in the Johnstown Breeze, a public hearing
was conducted to consider the request for a Final Planned Unit
Development Ylan, Beebe Draw Farms and Equestrian Center, first Filing,
from Beebe Draw Land Company, Ltd. Bruce Barker, Assistant _County
Attorney, made this matter of record. Rod Allison, representing the
Planning Department, read the favorable recommendation of the Planning
Commission into the record, and stated that the recommendation for
approval is subject to seven _conditions. Mr. Allison said that the
requirements of _Conditions 1, 2 and 7 have been fulfilled. He said,
based upon the recommendation of the Engineering Department, the
Planning staff -recommends that the addition of Item F be included as a
condition. If approved, Item I' is to be included as a note on the {plat
and shall read as follows: "There are -minimum floor elevations, filling
requirements -or -drainage provisions on certain lots, according to the
drainage report -completed by Mr. Endicott, dated July 10, 1985."
Morris Burk, general -partner of Beebe Draw Land Company, came forward
to make his presentation. L-es White, representing Rocky Mountain
Energy, came forward to state opposition to this request. He said his
concern is for the mineral rights on certain portions of this property.
Mr. Allison said a referral was made to the Geological _Survey Division
concerning potential coal deposits on this property and they indicated
that this area is not viewed as sn area commercially feasible to mine
coal deposits from. Comments concerning this matter were also made :y
Mr. Barker and Mr. Burk. After further discussion, Commissioner
Brantner moved to approve the Final Planned Unit Development 3lan for
Beebe Draw Land Company, subject to the recommended conditions and the
addition of Item 6-F. The motion was seconded by Commissioner Kirby
and carried unanimously.
Page 2
RE: CERTIFICATION - BEEBE DRAW FINAL PUD
� 'ff APPROVED:
�AAN�/ ✓✓ BOARD OF COUNTY COMMISSIONERS
ATTEST: I WELD COUNTY, C ORADO
Weld County Cle and Recorder \
and Clerk to the Board J. 1 e Joh s , Chairman
By: i'/i�/'u�.,.
(/%�24 rDeputy .County rk gene R. Brantne em
244#11,1
C.W. Kirby
EXCUSED
Gordon E. Lacy
Fr c Yamag
TAPE #85-62
DOCKET #85-44
LHR 2220
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 proposed
Final Planned Unit Development Plan are requested to attend and may be
heard.
Should the applicant or any interested party desire the presence of a
certified 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 certified 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. 85-44 Beebe Draw Land Company, Ltd.
1551 Larimer Street
Denver, Colorado 80202
DATE: July 24, 1985
TIME: 2:00 P.M.
REQUEST: Final Planned Unit Development Plan - Beebe Draw Farms and
Equestrian Center First Filing
LEGAL DESCRIPTION: Section 3, 4, 5, 8, 9, and 10, Township 3 North, Range
65 West of the 6th P.M. , Weld County, Colorado
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: June 12, 1985
PUBLISHED: June 20, 1985, in the Johnstown Breeze
AFFIDAVIT OF PUBLICATION
NOTICE THE JOHNSTOWN BREEZE
STATE OF COLORADO )
Pprsuant to the zoning laws of
the State of Coloraadk and the ) S5
a public hearing will bbedheldcIn COUNTY OF WELD )
the Chambers of the Board of I, Clyde Briggs, do solemnly swear that I
County Commissioners of Weld
Centen'n Colorado,
Ce ter,Weld County
that am pthetssame of
is a Johnstown
weekly wnewspaper
Street,a ,Fast Floor, pecified, printed, in whole or in part, and published
Colorado, at the times m Greeley,
All persons. in any manner in the County of Weld, State of Colorado,
interested in the following
Final Planned Unit and has a general circulation therein; that
Development Plan are requested
to attend and may be heard. said newspaper has been published
Should the applicant or any continuously and uninterruptedly in said
interested party desire the County of Weld for a period of more than
presence of a certified court fifty-two consecutive weeks prior to the
proceedings,
mane a addition of the first publication of the annexed legal notice
taped pededinor in chwill be the
record which lkept
during the hearing, the clerk to or advertisement; that said newspaper has
theBoard's s I Ot of ccanfi de con-etl court been admitted to the United States mails as
t
reporters in the area. If a court second-class matter under the provisions of
reporter is obtained,the Clerk to the Act of March 3, 1879, or any
the Board's Office shall be
advised in writing of such action amendments thereof, and that said
at least five days prior to.the
hearing. The cost of engaging a newspaper is a weekly newspaper duly
court reporter shall be borne by qualified for publishing legal notices and
the requesting party.
advertisements within the meaning of the
BE IT ALSO KNOWN that the
text and maps so certified by the laws of the State of Colorado.
Weld County Planning Corn- That the annexed legal notice or advertise-
mission may be.examined in the
office of the Clerk to the Board of ment was published in the regular and
County Commissioners, located entire issue of every number of aid weekly
in the Weld County Centennial
Center, 915 10th Street, Third newspaper for the period of .. ... consecu-
Floor, Greeley, Colorado. tive insertions; and that the first
DOCKET NO. 85-44 APPLICANT publication of said notice was in the issue of
Beebe Draw.Land Company, Ltd. said newspaper dated 6x.20, A.D. 12.5"
1551 Larimer Street and that the last publication of said notice
Denver, Colorado 80202
DATE: July 24, 1985 was in the issue of said newspaper dated
, A.D. 19
TIME: 2:00 P.M. In witness whereof I have hereunto set
.REQUEST: Final Planned. Unit my hand this 7 day of 1417
Development Plan - Beebe Draw J
Farms and Equestrian Center A.D. 1 gam'
First Filing
LEGAL DESCRIPTION: Section
3, 4, 5, 8, 9, and 10,Township 3
North, Range 6 `Nee stt of the 6th Publisher
P.M., Weld Couu nty, Colorado , r
BOARDCOMMISSIONERS
. WELD COUNTY,
COLORADO Subscribed and sworn to before me, a
BY: MARY ANN Notary Public in and for the County of
FEUERSTEIN W Id, State of Coloradojhis �. . day of
COUNTY CLERK AND
RECORDER AND CLERK ... .... ..... A.D. 19.f ...
TO THE BOARD
BY: Mary Reiff_ Deputy ,,.��//'�
% `/ .
DATED: June 12, lsss 74 % Notary Public.
PUBLISHED:
the J Johnstown uBreezer 20, 1985, in
Zoning
My commission expires
My Communion Expires June 14, 1987
2 South Parish Avenue
Johnstown, CO 80534
mEmORAf1DUm
To Commissioners Date July 18, 1985
COLORADO From Clerk to the Board
Subject: Beebe Draw Final P.U.D. Plan
Mark Meister, of the Bureau of Land Management, called this office with the
request that you be informed that the Bureau of Land Management holds oil
and Gas leases on -some of the land involved in the Beebe Draw P.U.D.
2
EXH113/7 C,
Summary of the Weld County Planning Commission Meeting
July 2, 1985
Page 3
NOTICE: Bob Ehrlich asked to be excused from hearing this case due to a
possible conflict of interests. Sharon Linhart, Vice-Chairman, is
now serving as Chairman.
CASE NUMBER: 8-247:85:4
APPLICANT: Beebe Draw Land Company, Ltd.
REQUEST: A Final Planned Unit Development Plan, First Filing
LEGAL DESCRIPTION: A tract of land located in Sections 3, 4, 5, 8, 9,
and 10, all in T3N, R65W of the 6th P.M. , Weld County,
Colorado.
LOCATION: Approximately 6 miles east of Platteville; east of Weld
County Road 39 and south of Weld County Road 38.
Sharon Linhart asked Rod Allison what the Planning Commission's
responsibility was in regarding the criteria in this request.
Rod Allison reported the applicant must provide proof that the application
is in conformance with the Weld County Comprehensive Plan. This is a
Planned Unit Development that is processed within a district that has
already been approved. What the Planning Commission will be looking at is
the final plan.
APPEARANCE:
Morris Burk, General Partner, Beebe Draw Land Company, Ltd. , represented the
applicant. He stated this application includes the first filing and is
about four hundred acres of the four thousand one -hundred acre parcel. This
filing provides for two hundred and fourteen lots which average 2.63 acres
per lot. This plat also includes the entrance road which has been moved
about a half mile north from the original plans. This means they will have
about one-half mile -more of road to black top than they had originally
planned. He showed a plat where the new entrance road would be, the
greenbelt areas provided for, property association headquarters building,
and the garage where the fire engine will be kept that they are providing
for the fire district.
Tape 209 - Side 1
The first of the events will take place on August 23-24 of this year, so
most of this will be completed at this time with the exception of the
buildings. No building permits can be issued until the final plat has been
filed. Water will be provided by Central Weld and each lot will have
individual septic systems.
Lee Morrison explained that creating a law enforcement district is not
feasible until there are land owners which create a tax district for an area
that is more intense _than the area surrounding it.
,EX/29/BIT G
Summary of the Weld County Planning Commission Meeting
July 2, 1985
Page 5
MOTION:
Doug Graff moved Case Number S-247:85:4 for Beebe Draw Land Company, Ltd. ,
for a Final Planned Unit Development Plan be forwarded to the Board of
County Commissioners with the Planning Commission's recommendation for
approval based upon the recommendations and conditions as outlined and
amended by the Department of Planning Services staff and the testimony heard
by the members of the Planning Commission. Motion seconded by Louis
Rademacher.
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. Doug Graff - yes; Lydia Dunbar - yes;
Paulette Weaver - yes; Bill McMurray - yes; Louis Rademacher - Jack
Holman - yes; Sharon Linhart - yes; Bob Ehrlich - Abstain. Motion carried
with seven voting for the motion and one abstaining.
NOTICE: Bob Ehrlich is again Chairing the meeting.
CASE NUMBER: USR-681:85:25
APPLICANT: Joseph A. and Elaine D. Hoff
REQUEST: Use by Special Review permit for a single family residence.
LEGAL DESCRIPTION: Part of the S1 SRI-I:, Section 9, T6N, R66W of the 6th
P.M. , Weld County, Colorado.
LOCATION: Approximately 11/2 miles north of Greeley city limits, north
of Weld County Road 70 and west of Weld County Road 31.
APPEARANCE: •
Joseph Hoff, applicant, reported it is their intent to purchase this sixty
acre site and build a single family residence on the property. The Zoning
Ordinance states that there must be eighty acres of irrigated land for a
building site. Therefore, they are asking for a Use by Special Review
Permit to building a home on this site. The property will remain in
agricultural farmland as it is now.
The Chairman called for discussion from the audience. There was none.
The Chairman asked the applicants if they had reviewed the recommendation,
conditions, and operation standards as outlined by the Department of
Planning Services staff. They have reviewed them and have no objections to
them.
BEFORE THE WELD COUNTY, COLORADO PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Doug Graff that the following resolution he 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-247:85:4
NAME: Beebe Draw Land Company, Ltd.
ADDRESS: 1551 Larimer Street, Denver, CO 80202
REQUEST: A Final Planned Unit Development Plan, First Filing
LEGAL DESCRIPTION: A tract of land in Sections 3, 4, 5, 8, 9, and 10, all
in T3N, R65W of the 6th P.M,. , Weld County, Colorado
LOCATION: Approximately 6 miles east of Platteville; east of Weld County
Road 39 and south of Weld County Road 38.
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 of the Weld County Zoning Ordinance.
2. The request is in conformance with Section 28.3.2 of the Weld
County Zoning Ordinance as follows:
- The proposal is consistent with the Weld County
Comprehensive Plan. On December 5, 1984, 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
approved Planned Unit Development district;
- 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 future development as projected by the
Weld County Comprehensive Plan;
- The Final Planned Unit Development plan conforms with
the performance standards outlined in Section 35.3 of
the Weld County Zoning Ordinance, subject to conditions
as listed below; and
4 xniRii AO-
S-247:85:4
Beebe Draw Land Company, Ltd.
July 2, 1985
Page 3
C. The Central 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 et seq. of the
Weld County Subdivision Regulations, pursuant to public
water supply systems and fire safety requirements.
D. The applicant, developer, and/or homeowner's association
shall provide and maintain all roads internal to the
Planned Unit Development District. The roads internal
to the Planned Unit Development District shall remain
private and must comply with design standards listed in
Section 8-1 et seq. and 8-2 et seq. of the Weld County
Subdivision Regulation.
E. Additionally, the Beebe Draw Farms and Equestrian Center
Property Owners Association and Weld County shall comply
with the Road Maintenance and Improvement Agreement
regarding impacts to Weld County Roads signed on April
3, 1985.
7. The applicant addressing specific concerns and recommendations of the
Weld County Attorney's Office regarding the subdivision covenants prior
to recording the final Planned Unit Development Plat.
Motion seconded by Louis Rademacher.
Vote:
For Passage Abstain Against Passage
Doug Graff Bob Ehrlich
Lydia Dunbar
Paulette Weaver
Bill McMurray
Louis Rademacher
Jack Holman
Sharon Linhart
The Chairman declared the Resolution passed and ordered that a certified
copy be forwarded with the file of this case to the Board of County
Commissioners for further proceedings.
S-247:85:4
Beebe Draw Land Company, Ltd.
July 2, 1985
Page 2
- The Final Planned Unit Development Plan is not located in an
overlay district area.
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 reviewing the request.
The Planning Commission's recommendation for approval is conditional upon
the following:
' 1. The applicant addressing the specific concerns and recommendations
of the Weld County Engineering Department prior to recording the
Final Planned Unit Development Plan plat.
2. The applicant addressing the specific concerns and recommendations
of the Weld County Reorganized School District RE-1.
3. The applicant submitting a Subdivision Improvements Agreement
approved by the the Board of County Commissioners prior to
recording the Final Planned Unit Development Plan plat.
4. Prior to the issuance of any residential building permits, a law
enforcement authority shall be in place and operating according to
state law.
5. The applicant addressing the specific concerns and recommendations
of the Panhandle Eastern Pipeline Company prior to recording the
Final Planned Unit Development Plan plat.
6. The following notes being placed on the final Planned Unit
Development Plan plat:
A. The uses permitted in this Planned Unit Development are
R-1 (single family dwelling) , R-3 (attached dwelling
units of two or more, but not more than six dwelling
units per legal lot) . Recreational uses as described in
the application material on file with the Department of
Planning Services, and oil and gas production
facilities.
B. All dwelling units, the indoor and outdoor arenas,
stadiums, and the clubhouse shall be located a minimum
of three-hundred (300) feet from oil and gas drill sites
and production facilities.
S-247:85:4
Beebe Draw Land Company, Ltd.
July 2, 1985
Page 4
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 July 2, 1985, and recorded in Book No. IX of the proceedings of the said
Planning Commission.
Dated the 3rd day of July 1985.
R lylr_ C:\oo a
Bobbie Good, Secretary
INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION
Case Number S !1970 S:N Submitted or Prepared
Prior
to Hearing At Hearing
1. Application IV) Pages
2. i Application plat(s) I4 N page(s) ✓
3. DPS Referral Summary Sheet
4. DPS Recommendation
5. DPS Surrounding Propery Owner Mailing List
v
6. DI'S Mineral Owners Mailing List
7. DPS Maps Prepared by Planning Technician
8. DPS Notice of Hearing
9. DPS Case Summary Sheet
10. j�DPS Field Check }:� �J�� �y n 1 p /
11 A rJ reck.e M dorse fin/`7 0 r . fer- Amoco Poiad- ar- f eck P-a.+
12. 1� inhQ}+o1r.~t 1 refG�f�LJ4y �i4":t 0 11414 .+e W&4i- 6, /.-h,• `O/
13. rG r 1 e f1 E�krftna,,. sF tie ?OP I/
14. 0
15.
16.
17.
18.
19.
20.
I hereby certify that the /li items identified herein were submitted to the
Department of Planning Services at or prior to the scheduled Planning Commission
hearing. I further certify that these items were forwarded to the Clerk to the
Board's office on 19
Current Planner
STATE OF COLORADO )
COUNTY OF WELD )
SUBSCRIBED AND SWORN TO BEFORE ME THIS DAY OF 19
SEAL
NOTARY PUBLIC
etNiBij
MY COMMISSION EXPIRES
EXHIBIT INVENTO/RYY CONTROL SI P
Case �y .e ``����/U/22 e7140 S � G� T /
Exhibit Sutmitted By Exhibit Description
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LAND-USE APPLICATION
SUMMARY SHEET
Date: June 24, 1985
CASE NUMBER: S-247:85:4
NAME: Beebe Draw Land Co. , Ltd.
ADDRESS: 1551 Larimer Street, Denver, CO 80202
REQUEST: A Final Planned Unit Development Plan
LEGAL DESCRIPTION: A tract of land in Sections 3,4,5,8,9, and 10, T3N,
R65W of the 6th P.M. , Weld County, Colorado.
LOCATION: Approximately 6 miles east of Platteville; -east of Weld County
Road 39 and south of Weld County Road 38.
SIZE OF PARCEL: 1,208 acres, more or less.
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS:
The criteria for review is listed in Section 28.3.2 et. seq. of the Weld
County Zoning Ordinance. The Weld County Engineering Department identifies
concerns regarding unnamed cul-de-sacs, drainage at specific locations, the
need for an engineer's certificate, width of roads internal to the
subdivision, and the placing of a note on the plat regarding county road
maintenance responsibilities (refer to letter dated June 17, 1985) . The
Farmer's Reservoir and Irrigation Company indicated a formal recommendation
was being prepared (refer to letter dated June 19, 1985) . The Weld County
Utility Advisory Committee has recommended approval of the utility easements
and companies providing principal services to the subdivision. The Weld
County Sheriff'-s Department is requesting the formation of a law enforcement
authority (refer to letter dated June 18, 1985) .
The Central Weld County Water District indicates that water is available to
serve the subject site contingent upon the availability of Windy Gap Water
(refer to letter slated June 15, 1985) .
The Panhandle Eastern Pipeline Company has specific concerns regarding
maintenance of its 50 foot right-of-way.
The Weld County Office of Emergency Management has concerns about the
applicant complying with Senate Bill 172 (refer to letter dated June 6,
1985) . The Platte Valley Soil Conservation District requested that the
applicants continue to work with the District to control erosion (refer to
letter dated June 18, 1985) .
Leonard and Judy Harms
ZPMH-1043
June 25, 1985
111E Department of Planning Services has not received comments from the
following referral Entities:
a. WEld County Health Department;
b. -State Engineer;
c. Colorado Geological Survey;
d. RE-1 School District;
e. LaSalle Fire District; and
f. The Platte Valley irrigation Company.
FIELD CHECK
FILING NUMBER: z-412:84:73 DATE OF INSPECTION: October 15, 1984
NAME: Beebe Draw Cattle Company
REQUEST: A Change of Zone form Agricultural to Planned Unit Development
LEGAL DESCRIPTION: parts of Sections 3, 4, 5 and 10; all of Section 8, 9, 16 and 17, all in
T3N, R65W of the 6th P.M. , Weld County, Colorado
LAND USE: N Agricultural production
E Milton Reservoir, Agricultural Production
S Agricultural Production
W Agricultrual Production
ZONING: N Agriculture
LOCATION: approximately 6 miles east of f Agriculture
Platteville; east of Weld County Road 39 and S Agriculture
south of Weld County Road 38 W Agriculture
COMMENTS:
The subject site adjoins Weld County Road 32 to the south, Weld County Road 39 to the
east, and Weld County Road 38 to the north. All of these roads are gravel or sand base and
could provide access to the property. The topography on the subject site is mainly
broadly rolling sand-hills. There are several oil and gas production facilities located
on the subject site (oil well, tank battery, heater, treater, separator) . The Platte
Valley Canal and Evans Number 2 Ditch are located in the northeast corner of the subject
site.
BY: fliaac
Rison, Current Planner II
RA:rg
C�
REFERRAL LIST
APPLICANT: Beebe Draw Cattle Company, LTD NUMBER: S-247:85:4
SENT REFERRALS OUT: REFERRALS TO BE RECEIVED BY: June 21, 1985
NO SR NR NO SR NR
X County Atto
rney , X Colorado Division of
X I i Wildlife
X Weld County Health Dept. Attn: Mr. Don Bogart
317 West Prospect
RX Engineering Department Ft. Collins, CO 80536
n X County Extension Agent I , X RE-1 School District
c/o Lee Triplett, Ph.D
f X Office of Emergency Mngmt ! P.O. Box 157
n i Gilcrest, CO 80623
X State Engineer
Division of Water Resources x X LaSalle Fire District
1313 Sherman St. , Room 818 Attn: Mr. Gary Sandau
Denver, CO 80203 i P.O. Box 245
LaSalle, CO 80634
State Highway Department I
1420 2nd Street j X( 't X F.R.I.C.O
Greeley, CO 80631 Attn: Mr. -Manual Montoya
80 S. 27th Avenue
Colorado Department of Health ! Brighton, CO 80601
Water Quality Control Division
4210 East 11th Avenue )/:; X Central Weld County Water
Denver, CO 80220 I District
Attn: Mr. Dale Olhausen,P.E.
City of Greeley Planning Department j 2235 2nd Avenue
____
919 7th Street Greeley, CO 80631
Greeley, CO 80631
XI X Brighton Soil Conservation
— ferela>3
r� Brightot
60 S. 27th Avenue
CO 0 I Brighton, CO 80601
,
X Colorado Geological Survey X Panhandle Eastern Pipeline
Attn: Ms. Julia
X X
Turney Attn:Bob Clair
j 1313 Sherman Street 635 North 7th Avenue
Denver, CO 80203 1 P.O. Box 127
Brighton, CO 80601
j 1 i
X X Weld County Sheriff's Dept. ! i X Louis Rademacher
Rick Dill j 13184 Weld County Road 13
Longmont, CO 80501
NO-No Objection 1 i x X Platte Valley Irrigation C4,
SR=Specific Recommendations { I Rodger Houtchens
NR=No Response I 1007 9th Avenue
Greeley, CO 80631
MEMORAIIDUM
Rod Allison, Current Planner)II June 18, 1985
To -
Undersheriff Rick Dill
COLORADO From
Beebe Draw Land Co. , Case No. S-147:85:4
Subject:
Our recommendation remains the same as in our earlier review of this
material when we suggested the formation of a law enforcement
authority. We would remain firm on the position that the LEA be
adopted and in place prior to the issuance of any building permits.
If you have any questions, please call me.
RD/kc
!y6J
Lj
Weld Co. ?lannirik Cumnassim
CENTRAL WELD COUNTY WATER DISTRICT
June 19 , 1985
Mr . Rod Allison
Dept . of Planning Services
915 10th Street
Greeley , CO 80631
RE : Beebe Draw Land Company Ltd .
Case No . S-247 : 85 : 4
Dear Mr . Allison :
This letter is to update information regarding water service
from Central Weld County Water District to the Beebe Draw
Land Company Ltd . propos-d development in Sections 3 , 4 , 5 ,
8 , 9 , 10 , 16 and 17 of T3N, R65W, of the 6th P . M. , Weld
County . The District contemplates service for this
development as has been indicated by prior communications and
is restated herein .
Water service can be made available to the above described
property provided all requirements of the District are
satisfied . Service to the property by the District will be
contingent on the District completing its transactions for
leasing and/or purchasing Windy Gap water and other
conditions set by District , including Easements where
required by District facilities .
Central Weld County Water District requires that contracts be
consumated within one ( 1 ) year from th-e date of this letter ,
or this letter shall become null and void unless extended in
writing by the District .
Relative to the application and information submitted to the
District , we found no other conflict . If you have any
questions , please so advise .
Very truly yours ,
CENTRAL WELD COUNTY WATER DISTRICT
Dale D . Olhausen
Secretary-Manager
DDO/caa
2235 2nd Avenue • Greeley,Colorado 80631 • (303)352-1284 • Dale D.Olhausen,Secretary-Manager
LAW OFFICES 0-F
AKOLT. DICK & AKOLT
THE HASKELL HOUSE JOHN P. AKOLT
JOHN P. AKOLT.
1651 EMERSON STREET 1891-19]6
JOHN P. AKOLT. III DENVER, COLORADO 80218 ROBERT A. DICK
RICHARD A. WEHMHOEFER
303 861-2480 1908-1961
NANCY C. WOOLLEY
June 19, 1985 ni fTTT7iifl
Jut =h
Rod Allison, Current Planner II
Department of Planning Services
Weld County
'Held en. slay,:I
915 — 10th Street
Greeley, Colorado 80631
Re: Case Number S-247 : 85: 4
Dear Mr. Allison:
In response to your letter to the Farmers Reservoir and
Irrigation (FRICO) , dated June 3, 1985, regarding an
application from Beebe Draw Land Company, LTD, for a Final
Planned Unit Development Plan, first filing, we are presently
in the process of proposing a formal recommendation to your
request.
If we could have until July 1, 1985, to respond, it would
be greatly appreciated.
Thank you for your consideration.
Sincerely,
Richard A. Wehmhoefer
:Lill 1: 1955
���• Rod Allison
To Planning Department _ Date June 17, 1
bamralSSlo.
COLORADO From Drew L. Scheltinga, County Engineer
Subject: Beebe Draw Final PUD - First Filing
We have reviewed the materials submitted and have the following comments :
1. The cul-de-sacs on the plat are unnamed and it is my understanding they
are to be addressed off of the main road they access . Although this is
not the common practice, I will have no objection if the emergency response
agencies agree with the scheme.
2. Drainage appears to be blocked at the following locations :
Page Station Page Station
25 138 26 162
33 24+50 35 2+00 on Fairbanks Drive South
There are several locations on the road plans that culvert information
is missing. Each culvert should be noted as to its size, material , length,
location and flow lines .
3. An Engineer's Certificate should be shown on the road plans . -
4. The typical cross sections shows a 12' driving lane, no shoulder, and
a 1.5' ditch. I feel this cross section is inadequate for the amount of
traffic that will be generated from this extensive of a development,
particularly for Beebe Draw Farms Parkway and the other collector streets.
The Weld County Subdivision Regulations call for a 40' width for collector
and local streets.
I recommend a 12' driving lane with 4' , 6' , and 8' shoulders for cul-de-sacs ,
collectors and arterial streets respectively. Also, I recommend a ditch
that is 2' deep from the subgrade edge of shoulder with a 3' flat bottom with
end slopes and back slopes as shown.
5. The subdivision regulations call for 100' , 80' and 60' rights-of-way
for minor arterials, collector streets and local streets respectively.
Although it' s not clear on the PUD plat, I think Beebe Dra,jFarms Parkway
is intended to have a 100' right-of-way with the rest having 50' rights-of-way.
I doubt whether the cross sections described above can reasonably be
constructed within 50' rights-of-way and still provide room for the
proper installation of culverts , roundings at intersections , ditches, signs ,
etc. The right-of-way aspect should be very closely examined.
6. A note should be contained on the recorded plat that Weld County will not
be responsible for any maintenance for streets within the Planned Unit
Development. Also, a section containing the same statement should be within
the covenants and also a covenant outlining road maintenance by the
association. The reference to county road and bridge requirements in
Section 12 of the covenants should be deleted.
DLS/bf
a
Platte Valley Soli Conservation District
60 South 27th Avenue - Brighton, CO 80601
June 18, 1985
JUN 2919 1985
Mr. Rod Allison, Current Planner --
Weld County Colorado
Department of Planning Services Weld Ce. 11Immng i;nmmission
915 10th Street
Greeley, CO 80631
RE: Case Number S-247:85:4
Dear Mr. Allison:
The Bee Be Draw Farm Property Owners Association has signed a Land User
District Cooperative Agreement with our District. The Declaration of
Covenants, . . . on page 2 in note 1 mentions this agreement.
By following erosion control and landscaping plans as proposed in the
filings and continuing to work with our District, erosion can be con-
trolled. We have been asked to assist in preparing an overall Conserva-
tion Plan for the association. Our plans are to do this in the near fu-
ture.
Sincerely,
Robert Warner, President
Board of Supervisors
RW/ljg
CONSERVATION - DEVELOPMENT - SELF-GOVERNMENT
tititi_
` +'
•_ WELD COUNTY OFFICE OF EMERGENCY MANAGEMENT
1 PHONE(303)356-4000,EXT. 4245
OR 353-4224
P.O. BOX 758
GREELEY,COLORADO 80632
I.
1 1 9 es
COLORADO
—
June 6, 1985 D ±7; Di,! n; [\Tr/
L IL t;) i
Mr. Rod Allison U `,,
Planner II
Department of Planning Services Weld Cu. Plamunu iwOHUSSIUh
Greeley, CO 80631
Dear Mr. Allison,
The final PUD plan was received by this office for comment. Previous
correspondence from the Office of Emergency Management requested that
information concerning the oil and gas exploration/production be addressed
as part of the permitting process. This has not occurred.
Senate Bill 172, Colorado Revised Statutes 29-22-107 (2) (a) requires hazard
types and amounts shall be provided along with location to the emergency
response authority (for the county this is the Office of Emergency
Management) , waste management division of the Department of Health (Weld
County Environmental Health) and the local fire district (LaSalle Fire
Protection District) .
Without this information, the Office of Emergency Management will withhold
approval on the filing.
Sinyerely,
Lea Elan
Director, Weld County Office of Emergency Management
cc: Robert H. Rhinesmith, Director, Information Services Agency
PANHANDLE EASTERN PIPE LINE COMPANY
P. O. BOX 121
BRIGHTON, COLORADO 60601
June 18, 1985
Mr. Rod Allison
Current Planner II
Department of Planning Services
915 Tenth Street
Greeley, Colorado 80631
Dear Mr. Allison:
Please find enclosed a copy of our pipe lines drawn on
pages 4,8,9,11,15,and 17, of filing plat. There are several
lines in this area.
We maintain a 50-foot wide right-of-way and will not allow
any building within that easement area. The owner or developer
shall have the right to construct and maintain utility lines,
streets, sidewalks, and driveways which may be installed at
approximate right angles to the pipe line herein authorized,
provided, however, that all utilities maintain 12 inches clearance from our pipe line. No paved or traveled portion of
any street, sidewalk, driveway, road, parking area, alley or
curbing will be placed substantially parallel to and within
ten feet of the pipe line.
In the event of a proposed crossing with a road or utility,
notification of 48 hours is to be given to Panhandle Eastern
so the line may be properly located to eliminate accidents
that occur from foreign forces.
We will be more than happy to work with the developer on
this project. If for any reason our line must be moved, it
will be at the expense of the developer or the person or persons
asking for this movement.
Sincerely,
PANHANDLE EASTERN PIPE LINE COMPANY
Ken J. Neff
Right-of-Way Representative
KJN/pm
enclosures
Date: July 2, 1985
CASE NUMBER: S-247:85:4
NAME: Beebe Draw Land Company, Ltd.
ADDRESS: 1551 Larimer Street, Denver, CO 80202
REQUEST: A Final Planned Unit Development Plan
LEGAL DESCRIPTION: A tract of land in Section 3,4,5,8,9, and 10, T3N, R65W
of the 6th £.M. , Weld County, Colorado
LOCATION: Approximately 6 miles east of Platteville; east of Weld County
Road 39 and south of Weld County Road 38.
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 of the Weld County Zoning Ordinance.
2. The request is in conformance with Section 28.3.2 of the Weld County
Zoning Ordinance as follows:
- The proposal is consistent with the Weld County
Comprehensive Plan. On December 5, 1984, 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
approved Planned Unit Development district;
- The uses, building, and structures permitted shall be
compatible with the existing Dr future development of
the surrounding area as permitted by the existing
zoning, and with future development as projected by the
Weld County Comprehensive Plan;
- The Final Planned Unit Development plan conforms with
the performance standards outlined in Section 35.3 of
the Weld County Zoning Ordinance, subject to conditions
as listed below; and
- The Final Planned Unit Development Plan is not located
in an overlay district area.
These determinations are listed, in part, upon a review of the information
submitted by the applicant, other relevant information regarding this
request and responses of referral entities reviewing the request.
Beebe Draw Land Company, Ltd.
S-247:85:4
Page 2
The Department of Planning Services staff recommendation for approval is
conditional upon the following:
1. The applicant addressing the specific concerns and recommendations of
the Weld County Engineering Department prior to recording the Final
Planned Unit Development Plan plat.
2. The applicant addressing the specific concerns and recommendation of
the Weld County Reorganized School District RE-1.
3. The applicant submitting a Subdivision Improvements Agreement approved
by the the Board of County Commissioners prior to recording the Final
Planned Unit Development Plan plat.
4. Prior to the issuance of any residential building permits, a law
enforcement authority shall be in place and operating according to
state law.
5. The applicant addressing the specific concerns and recommendations of
the Panhandle Eastern Pipeline Company prior to recording the Final
Planned Unit Development Plan plat.
6. The following notes being placed on the final Planned Unit Development
Plan plat:
A. The uses permitted in this Planned Unit Development are
R-1 (single family dwelling) , R-3 (attached dwelling
units of two or more but not more than six dwelling
units per legal lot) , Recreational uses as described in
the application material on file with the Department of
Planning Services, and oil and gas production
facilities.
B. All dwelling units, the indoor and outdoor arenas,
stadiums, and the clubhouse shall be located a minimum
of 300 feet from oil and gas drill sites and production
facilities.
C. The Central 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 et. seq. of the
Weld County Subdivision Regulations, pursuant to public
water supply systems and fire safety requirements.
( 7 ) / ¢r Ate- 1/7 ielT J
Beebe Draw Land Company, Ltd.
S-247:85:4
Page 3
D. The applicant, developer and/or homeowner's association
shall provide and maintain all roads internal to the
Planned Unit Development District. The roads internal
to the Planned Unit Development District shall remain
private and must comply with design standards listed in
Section 8-1 -et seq. and 8-2 et seq. of the Weld County
Subdivision Regulation.
E. Additionally, the Beebe Draw Farms and Equestrian Center
Property Owners Association and Weld County shall comply
with the Road Maintenance and Improvement Agreement
regarding impacts to Weld County Roads signed on April
3, 1985.
f&CI(.6' EORAflDUm
Dine) Rod Allison
ro Planning date July 1, 1985
COLORADO From Drew L. Schel ti nga, County Engineer
Subject: Beebe Draw Farms and Equestrian Center First Filing
Attached is a letter dated June 28, 1985 from Michael T. Thomas of Arix.
The questions in my memo of June 17, 1985 have been resolved by Mr. Thomas's
letter.
The drainage and roadway plans are in the process of final design and
drafting. I doubt that they will be complete by the Planning Commission
hearing on July 2, 1985. However, I have no objection to recommending
approval contingent on final review by this office.
JUL ; 1985
•
Weld Ca. Planning enfnnlIS!lOD
•
DLS/bf
xc: Michael T. Thomas, Arix, 800 8th Avenue, P. O. Box 2021, Greeley, CO 80632
.Nr.V Carpenter
Pr.Airlenf A Professional Corporation
Eugene R.Brauer
obe W Brunner
ARIX Engineers Architects Planners
Patrick C.Dwyer
Robertrt J.Shreve
Dale 1.steichen
Robert D.Thomas Greeley,CO • Riverton.WY
R
Gary R.Wlndolph Provo,UT • Laramie,WY
Grand Junction.CO
June 28, 1985
Mr. Drew Scheltinga
Weld County Engineer
933 North 11th Avenue
Greeley, CO 80634
Dear Drew:
SUBJECT: BEEBE DRAW FARMS AND EQUESTRIAN CENTER FIRST FILING
Following are our proposed solutions to the questions and comments in
your memo to Rod Allison dated June 17, 1985:
1 . The LaSalle Fire District and Weld County Emergency Communications
have approved our proposed addressing system.
2. The drainage problems have been noted and the corrections and
additions are in progress. As we have discussed, the drainage design
will be based on a 50-year storm.
3. The road plans are being reviewed and will be certified as soon as the
review is complete.
4. We propose the following road cross-sections :
Arterial - 2 12' driving lanes and 2 6 ' shoulders
Collector- 2 12' driving lanes and 2 4' shoulders
Local - 2 12' driving lanes No shoulders
In accordance with your recommendation; the roads in the first filing will
be designated as follows:
a. Arterial - Beebe Draw Farms Parkway '
b. Collector - Fairbanks Drive North and South
Ledyard Road North and South
Essex Road South "
Stoneleigh Lane South
c. Local - All cul-de-sacs and roads not listed in a. and b.
5. Since on occasion the ditch backslope on collector roads may fall
outside of the platted 50' ROW the 15' easement along the front line
of each lot will be designated utility and drainage easement. •
6. The statement in the covenants that refers to County Road and Bridge
requirements needs to be retained to meet H.U.D. requirements , as we
have discussed, and only states that the individual property owner
will install culverts, etc. in accordance with county standards.
17,';77: -T-77:77.77:171,
1j; !`
.I •t 1 198.5 1'r, d
1 .13j Eighth Avenue P.O. Box 2021 Greeley,CO 60632-2021 303-356-3930
Mr. Drew Scheltinga
Page 2
June 28, 1985
I believe the above proposals are consistent with discussions we have
had since your review comments. We would appreciate your assistance
in providing a timely letter of response to Rod Allison, so that he will
be prepared for the Planning Commission meeting July 2, 1985.
Sincerely,
ARIX, A Professional orporation
Michael T. Thomas, L.S.
MTT/pt
cc: Morris Burk
mEm®Rnn®um,) )2,1_57
1 • � JUN. 131985
W Rod Allison
®��'��• To Planning Department Date June 17, 5
000ftlfSS7tlq _
COLORADO From Drew L. Scheltinga, County Engineer
Subject. Beebe Draw Final PUD - First Filing
We have reviewed the materials submitted and have the following comments :
1. The cul-de-sacs on the plat are unnamed and it is my understanding they
are to be addressed off of the main road they access . Although this is
not the common practice, I will have no objection if the emergency response
agencies agree with the scheme.
2. Drainage appears to be blocked at the following locations :
Page Station Page Station
25 138 26 162
33 24+50 35 2+00 on Fairbanks Drive South
There are several locations on the road plans that culvert information
is missing. Each culvert should be noted as to its size, material , length,
location and flow lines .
3. An Engineer's Certificate should be shown on the road plans .
4. The typical cross sections shows a 12' driving lane, no shoulder, and
a 1.5' ditch. I feel this cross section is inadequate : for the amount of
traffic that will be generated from this extensive of a development,
particularly for Beebe Draw Farms Parkway and the other collector streets .
The Weld County Subdivision Regulations call for a 40' width for collector
and local streets .
I recommend a 12' driving lane with 4' , 6' , and 8' shoulders for cul-de-sacs,
collectors and arterial streets respectively. Also, I recommend a ditch
that is 2' deep from the subgrade edge of shoulder with a 3' flat bottom with
end slopes and back slopes as shown.
5. The subdivision regulations call for 100' , 80' and 60' rights-of-way
for minor arterials, collector streets and local streets respectively.
Although it's not clear on the PUD plat, I think Beebe Dray Farms Parkway
is intended to have a 100' right-of-way with the rest having 50' rights-of-way.
I doubt whether the cross sections described above can reasonably be
constructed within 50' rights-of-way and still provide room for the
proper installation of culverts , roundings at intersections, ditches, signs,
etc. The right-of-way aspect should be very closely examined.
6. A note should be contained on the recorded plat that Weld County will not
be responsible for any maintenance for streets within the Planned Unit
Development. Also, a section containing the same statement should be within
the covenants and also a covenant outlining road maintenance by the
association. The reference to county road and bridge requirements in
Section 12 of the covenants should be deleted.
DLS/bf
WELD COUNTY
REORGANIZED SCHOOL DISTRICT RE-1
LA SALLE - GILCREST - PLATTEVILLE
GILCREST. COLORADO 80®23
June 25, 1985
Weld County
Department of Planning Services
915 10th Street
Greeley, CO 80631
Attn: Rod Allison
RE: Case Number S-247:85:4
Dear Mr. Allison:
This is a late reply to your letter to the school district of June
3. I have received a letter from our attorney, S. Robert Houtchens
that Mr. Burk's letter of June 18, 1985 meets those conditions set
forth by the Board of Education. I will submit Mr. Burk's letter
to the Board for approval on July 11, 1985.
Thank you for your consideration.
Sere1 y,
Davis H. Seiler
Acting Superintendent
Enc:
cc: Beebe Draw Land Co. , Ltd.
Weld County School District RE-1 Board of Education
DpP,AgW
JUN 27 1985
Weld Cn. Planning tanission
BEEBE DRAW LAND COMPANY, LTD.
1551 LARIMER. SUITE 2706
DENVER,COLORADO 80202
PHONE 620-0967
June 19 , 1985
LaSalle Fire Protection District
119 Main
La Salle , CO 80645
Attention: Robert Sandau, President
Gentlemen:
Pursuant to the subdivision regulations of Weld County ,
we are requeseting that you confirm to the Board of County
Commissioners our mutual understanding with respect to our
agreement to furnish you with a site for possible future loca-
tion of a fire station.
Our understandings are :
1. The site will be deeded to you on or before the
recording of the plat for Filing No. 2 in the PUD.
2. The site, approximately one acre in size , will be
located in Section 4, Township 3 North, Range 65 West of the
5th P.M. , Weld County, Colorado, at the southwest corner of the
intersection of Weld County Road 38 and the »resent road running
down the center of Section 4 . The location of the site will be
legally described by a certified survey, a copy of which will be
furnished to you with the deed.
3. You agree to accent this site with it being understood
that
(a) The acceptance of a deed to the site in no way commits
the District to construct a fire station or any other
fire fighting facilities on the site.
(b) The deed of conveyance will contain a covenant
restricting use of the site to fire protection and
related uses or those permitted under Weld County ' s
present zoning regulations for an R-1 classification .
-z-
(c) The deed of conveyance will convey the site free of
any mortgages or deeds of trust.
If the foregoing correctly states the terms upon which
you have agreed to accent a deed to the site please so indicate
by signing below. A copy of this letter will be submitted to
Weld County to indicate your agreement to accept the site.
Sincerely,
BEEB DRAW AND COMPANY, LTD.
By
Burk, General Partner
APPROVED:
LA S LE FIRE PRO CTION DISTRICT
By U�l GL4A-s
_ 7
Acilista;;; mEMORAnDUM
To Rod Allison, Planning Dept. 6-27-85
Date
Wes Potter, Director, Health Protection Services COLORADO From Lao 61#p
Beebe Draw Proposal
Subject:
I have reviewed the proposal and provide the following comments
regarding the proposal.
The state Geological Survey has recommended that the county not
allow on-lot septic systems on the site due to their evaluation
of the data provided in the engineering study.
Having evaluated the site and the soils and geologic structures
which occur at the site, it is my opinion that there is no
technical reason to not allow septic systems. The vast majority
of the site in a deep sandy soil with good percolation rates and
ample potential for biological rejuvination prior to the return of
the effluent into the ground water table. Those few places on the
site where alluvial gravels would allow a percolation rate that is
too fast, could be properly engineer designed to provide the proper
biological and environmental protection. I therefore, have no
problems with the plan as proposed.
WP/gl
'l10•01(19,11,0 i WE-85-0016
.OV CO
4O
tes
RICHARD D.LAMM JOHN W.BOLO
GOVERNOR # A DIRECTOR
* /876
COLORADO GEOLOGICAL SURVEY
DEPARTMENT OF NATURAL RESOURCES
715 STATE CENTENNIAL BUILDING-1313 SHERMAN STREET
. DENVER,COLORADO 80203 PHONE(303)866-2611
June 18, 1985
Mr. Rod Allison
Weld County Department of Planning Services
915-10th Street
Greeley, Colorado 80631
Dear Mr. Allison:
Re: Beebe Draw Land Company, LTD, First Filing
We have reviewed the plat, geologic report, previous applications and our
comments regarding this development. The geologic report by Empire Laboratories,
Inc. and economic resources report by Leonard Rice Consulting Water Engineers
address the conditions that can affect development. The geologic report
recommendations should be closely observed.
We continue to be concerned with the use of on-lot septic systems for this
development. The original PUD application submitted to our office in October
of 1984 states that a maximum of 600 lots will be developed in this subdivision.
3.7 people per household equals approximately 2200 persons in the development,
not including visitors to the equestrian center. The 4300 acre size and 2200
people makes this development equivalent to a small town. (Hudson, population 698;
Berthoud, population 2,362) . As noted in our letter of October 23, 1984, three
(3) of the six (6) percolation tests run on the 4300 acres did not meet minimum
requirements for standard on-lot spetic systems. Fast percolation rates and
the large number of lots increases the potential of groundwater pollution from
on-lot septic systems. We continue to recommend that a central sewage disposal
system and treatment facility be designed to this development. The design
should include a construction schedule; operation and maintenance schedule, in-
cluding fiscal requirements and provisions. We do not recommend approval of this
subdivision with on-lot septic systems.
Sincerely,
ulia E. Turney
Engineering Geologist
ct
JET-85-075
GEOLOGY
STORY OF THE PAST...KEY TO THE FUTURE
QMINUTES OF THE MEETING OF THE
BOARD OF DIRECTORS OF THE
PLATTE VALLEY IRRIGATION COMPANY
June 11 , 1985
The regular meeting of the Board of Directors of the
Platte Valley Irrigation Company was held June 11, 1985 at the
home of Myron Martinson near LaSalle, Colorado at the hour of
8 :00 p.m.
The following directors were present : Myron Martinson,
Roy Schmidt, Delbert Shable and Paul Anderson. Harold Bohlender
was absent. Also present was Rodger I . Houtchens and Walter Schlagel .
The minutes of the meeting held on May 14 , 1985 were
discussed. In the fifth paragraph on page two of the minutes of
May 14 , 1985, on the second line, reference made to "levels of sand
which was removed his ditch" . Myron Martinson moved the minutes as
typed be corrected to show the following : "levels the sand which was
removed from Platte Valley Irrigation Company' s ditch, . . . . " The
motion was regularly seconded and carried. Thereupon, Delbert Shable
moved the the minutes as corrected be approved. Paul Anderson seconded
the motion and the motion was carried.
The matter of the transfer of two shares of Platte Valley
Irrigation Company from Oliver Knaub and Clara Maria Knaub to Fred
W. Betz , etal was taken up. Certificate No. 930 had been prepared
in advance of the meeting showing that the owner of the two said
shares was in the Public Trustee of Weld County for the use of Oliver
Knaub and Clara Maria Knaub; Fred W. Betz, Evelyn I. Betz , Kenneth F.
Betz and Steve D. Betz , equity owners. It was moved and regularly
seconded that the transfer of the said shares of stock be approved.
The motion was unanimously carried.
Vouchers numbered 4850 through 4868 were circulated among
the directors . Each director examined the vouchers . Upon completion
of the examination, Paul Anderson moved and Roy Schmidt seconded that
the payments as shown by the vouchers be ratified, confirmed and
approved. The motion was unanimously carried.
The Secretary reported that the telphone equipment which
the company had rented from American Telephone and Telegraph was
purchased for the sum of $38 . 65 . We will no longer receive a bill
for $4 . 13 a month for equipment rental . Myron Martinson reported
that he had made inquiry of the telephone company, to determine if
we would be able to get a Platteville number to save the toll charges '
for our stockholders . He was told that the cost of extending the
line to the property would be well over $3, 500 .00, and that he didn' t
think that at the present time the company should go to that much
expense.
He also reported to the Directors that he had called
Empire Dispatch to determine what it would cost for a radio
telephone in the superintendent ' s car. He stated that the purchase
of the radio telephone would amount to $1,495. 00 and that install-
ation would amount to $100 . 00 . The monthly charge for the use of
line and service would be $53 . 00. He stated that this was more
than the company should spend on this type of equipment and recommended
that the matter be dropped.
The matter of acquiring a recording device for the superin-
tendent ' s telephone was once again discussed. The Directors specu-
lated upon the cost of recording equipment. Roy Schmidt moved that
if the recording equipment can be acquired from Mountain Bell for
$150 .00 and if the installation fees are not great, that Myron
Martinson be authorized to purchase recording equipment, so that
stockholders can conveniently leave a message for the superintendent
when he is away from the superintendent' s house.
Rodger Houtchens was asked to make inquiry and to report
to Myron Martinson.
•
The matter of the plan unit development for. Beebe Draw Land
and Cattle Company area was taken up. The Platte Valley Irrigation
Company will make no protest nor will they attend the public hearing.
There being no further business to come before the meeting,
the meeting was adjourned.
Respectfully submitted,
Rodger I. Houtchens
A copy of the above minutes
was sent to each member of
the Board of Directors on
July 2 , 1985 .
LiatAn4
-2-
41";;%;\r\\
WELD COUNTY OFFICE OF EMERGENCY MANAGEMENT
PHONE(303)3564000,EXT. 4245
OR 353-4224
P.O. BOX 758
GREELEY,COLORADO 80632
11 k
COLORADO
June 20, 1985
TO WHOM IT MAY CONCERN:
Re: Case Number S-247:85:4
Mr. Morris Burke has satisfied the requirements of Senate Bill 172 by
providing this office with the necessary information regarding the oil and
gas activity on the Beebe Draw Land Company filing to date. It is also
understood that Mr. Burke will keep this office apprised of future drilling
and provide the required information per statute.
Sincerely,
Lea Ekman
Director, Weld County Office of Emergency Management
cc: Robert H. Rhinesmith, Director, Information Services Agency
rJUN 271985
•
Wald Co. Planning Commission
art
AMOCO Amoco Production Company
Southern Division
1670 Broadway
P.O. Box 800
Denver,Colorado 80201
D. G.Wight 303-8304040
Division Production Manager
July 2, 1985
Mr. Morris Burk
1551 Larimer Street
Suite 2706
Denver, Colorado 80202
Re: First Filing - Beebe Draw Farms and Equestrian Center
Dear Sir:
Pursuant to your request, the Southern Division Production Manager has
authorized locating six drillsites in the W/2 Section 9 - T3N-R65W as
set forth in the attached plat. All other potential drillsites within
the W/2 Section 9 - T3N-R65W may be drilled at a legal location of
Amoco's choice.
As shown on the attached plat, the six drillsites include a 300 foot
radius around each site which may be used by Amoco for oil and gas
development. Amoco will also be allowed to access these locations to
develop oil and gas reserves.
Very truly yours,
AMO 0 PRODU TIO COMP
ByLfrk2 � *iv
Agreed and cepted this —2nlj} day of 1(4 , 1985.
BEEBE W L CO ANY, LTD.
By
Morris Burk, General Partner
PWS/jm
Attachment
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:
See Attached Sheet
(If additional space is required, attach an additional sheet of this same size.)
NAME OF PROPOSED P.U.D. SUBDIVISION Beebe Draw Farms and Equestrian Center First Filing
EXISTING ZONING PUD PROPOSED ZONING PUD
TOTAL AREA (ACRES) 1 208 NO. OF PROPOSED LOTS 213
LOT SIZE: AVERAGE 2.4 acres MINIMUM 1 .5 acres
UTILITIES: WATER: NAME Central Weld County Water District
SEWER: NAME Individual Septic Systems
GAS: NAME Propane
PHONE: NAME Mountain Bell Greeley Branch
DISTRICTS: SCHOOL: NAME RE-1 Gilcrest
FIRE: NAME lasalle Fire District
DESIGNERS' NAME ARIX PC
ADDRESS P.O. Box 2021 , Greeley, CO PHONE 356-3930
ENGINEERS' NAME ARIX, A Professional Corporation
ADDRESS P.O. Box 2021 , Greeley, CO PHONE 356-3930
FEE OWNER OF AREA PROPOSED FOR P.U.D. SUBDIVISION
NAME Legal Title: Beebe Draw Cattle Co. , A Limited Partnership
ADDRESS 1551 larimer Street, Denver. CO 80202 PHONE
NAME
620-0967
ADDRLCG Equity Owner Pursuant to Contract for Deed PHONE Jan. 31 , 1983
NAME Beebe Draw Land Co. , Ltd. , A Limited Partnership
ADDRESS 1551 Larimer, Denver, -CO 80202 PHONE 620-1)967
I hereby depose and state under the penalties of perjury that all statements, proposals'
and/or plans submitted with or contained within this plicat on are true and correct to
the best of my knowledge.
COUNTY of WELD ) 3E DRA LAND COMPANY, LTD.
STATE OF COLORADO ) 1orris urk, General Partner
Signature: Owner of Authorized Agent
Subscribed and sworn to before me this r ___C*'! day of 4L)ay 19
ill
SEAL
NOTARY PUBLIC
My cgan. .s'1cn expires: /0 -71. F?/
BO4-79-026
WCDPS-78—I
LEGAL DESCRIPTION
A tract of land located in Sections 3, 4, 5, 8, 9, and 10, Township 3 North,
Range 65 West of the Sixth Principal Meridian , Weld County, Colorado, being
more particularly described as follows:
Commencing at the Northwest Corner of said Section 8 and considering the
west line of said Section 8 to bear South 00° 09' 35" East with all bearings
herein relative thereto;
Thence along said west line of Section 8, S 00° 09' 35" E, 236.16 ' to the
true point of beginning;
Thence N 89° 50' 25" E, 200.00' ;
Thence N 86° 32' 30" E, 1532.79' ;
Thence S 75° 45' 01 " E, 500.00' ;
Thence N 38° 50' 00" E, 331 .13' ;
Thence S 68° 53' 10" E, 450.00' ;
Thence 81 .40' along the arc of a curve to the right, having a central
angle of 20° 43' 40", a radius of 225.00' and a long chord that bears N 31°
28' 40" E, 80.95' ;
Thence N 41° 50' 30" E, 235.00' ;
Thence S 48° 09' 30" E, 225.00;
Thence 361 .79' along the arc of a curve to the right, having a central angle
of 21 ° 01 ' 08", a radius of 986.23, and a long chord that bears S 37° 38' 56" E,
361 .79' ;
Thence N 74° 02' 57" E, 850.00 ' ;
Thence S 46° 08' 35" E, 1117.27' ;
Thence N 65° 33' 04" E, 266.94 ' ;
Thence 511 .92' along the arc of a curve to the left, having a central angle
of 28° 09' 58", a radius of 1041 .35, and a long chord that bears N 51 ° 28'
05" E, 506.78' ;
Thence N 37° 23' 06" E, 366.72' ;
Thence 1260.10' along the arc of a curve to the right, having a central angle
of 63° 15' 26", a radius of 1141 .35, and a long chord that bears N 69° 00' 49"
E, 1197.07' ;
Thence S 79° 21 ' 28" E, 1713.22' ;
Page 2
Thence 1111 .39' along the arc of a curve to the left, having a central angle
of 37° 10' 28", a raidus of 1712.95, and a long chord that bears N 82° 03'
18" E, 1091 .99' ;
Thence N 63° 28' 04"E, 701 .29' ;
Thence N 10° 11 ' 15" W, 60.10' ;
Thence N 11° 06' 14" W, 50.00' ;
Thence N 10° 11 ' 15" W, 50.01 ' ;
Thence N 09° 43' 45" W, 50.02' ;
Thence N 09° 16' 18" W, 50.04 ' ;
Thence N 11° 47' 29" W, 50.00' ;
Thence N 15° 27' 08" W, 50.12 ' ;
Thence N 17° 02' 45" W, 100.46' ;
Thence S 88° 04' 22" W, 8.11 ' ;
Thence N 55° 06 ' 47" W, 68.88' ;
Thence N 28° 02' 02" W, 24.62' ;
Thence N 01 ° 59' 49" E, 64.86 ' ;
Thence N 24° 17' 59" W, 51 .56 ' ;
Thence N 34° 33' 13" W, 50.12' ;
Thence N 38° 26 ' 37" W, 50.00' ;
Thence N 42° 33' 43" W, 50.13' ;
Thence N 61° 52' 04" W, 76.22 ' ;
Thence N 89° 17' 02" E, 139.17' ;
Thence N 03° 45' 51 " W, 390.32 ' ;
Thence N 70° 52 ' 01 " W, 116.11 ' ;
Thence N 72° 17' 16" W, 122.30' ;
Thence N 55° 39' 25" W, 181 .68' ;
Page 3
Thence N 31 ° 18' 35" W, 1063.87' ;
Thence S 58° 31 ' 52" W, 117.39' ;
Thence 186.32' along the arc of a curve to the left, having a central angle
of 36° 09' 27", a radius of 295.24 ' ; and a long chord that bears N 49° 32'
51 " W, 183.24' ;
Thence N 67° 37' 31 " W, 82.76 ' ;
Thence N 50° 32' 21 " W, 149.58' ;
Thence 251 .81 ' along the arc of a curve to the right, having a central angle
of 59° 32' 09", a radius of 242.34' , and a long chord that bears N 20° 46 ' 17" W,
240.64' ;
Thence N 08° 59' 39" E, 51 .65' ;
Thence N 89° 31 ' 39" E, 4040.68' ;
Thence S 00° 43' 48"E, 700.00' ;
Thence S 44° 50' 44" E, 3309.91 ' ;
Thence S D0° 06' 00" W, 1677.35' ;
Thence N 62° 40' 05" W, 298.38' ;
Thence S 38° 04' 26" W, 66.71 ' ;
Thence S 70° 24' 28" W, 210.50;
Thence N 65° 42' 40" W, 1366.02' ;
Thence N 44° 48' 50" W, 1115.90' ;
Thence S 71 ° 20' 00" W, 678.95' ;
Thence S 43° 34' 00" E, 318.00 ' ;
Thence S 16° 14 ' 00" E, 175.00' ;
Thence S 00° 40' 00" E, 380.00' ; -.
Thence S 27" 02 ' 02" W, 73.00' ;
Thence N 65° 16' 00" W, 155.00' ;
Thence N 56° 09' 00" W, 462.00' ;
Page 4
Thence N 68° 59' 00" W, 256.00' ;
Thence S 31 ° 13' 00" W, 248.00' ;
Thence S 80° 26 ' 00" W, 196.00' ;
Thence N 65° 07' 00" W, 214.52' ;
Thence N 29° 11 ' 51 " W, 43.34' ;
Thence N 35° 35' 04" W, 285.27' ;
Thence N 69° 49' 46" W, 52.20' ;
Thence N 34° 41 ' 43" W, 94.87' ;
Thence N 40° 48' 08" E, 154.56 ' ;
Thence N 72° 48' 51 "E, 101 .53' ;
Thence N 31 ° 54' 29" E, 62.43' ;
Thence N 00° 00' 00" E, 57.00' ;
Thence N 10° 53'08" W, 105.90' ;
Thence N 07° 06 ' 02" W, 291 .23 ' ;
Thence N 11 ° 50' 01 " W, 107.28' ;
Thence N 33° 54 ' 04" W, 150.60' ;
Thence N 07° 02' 17" W, 163.23' ;
Thence N 36° 47' 35" E, 143.90' ;
Thence N 57° 06 ' 34" W, 102.50' ;
Thence N 65° 59' 14" W, 50.60' ;
Thence N 69° 22' 13" W, 50.23 ' ;
Thence N 71° 52 ' 38" W, 50.07' ;
Thence N 74° 30' 37" W, 50.00' ;
Thence N 77° 01 ' 49" W, 50.04' ;
Thence N 79° 52 ' 59" W, 50.19' ;
Thence N 78° 58' 20" W, 50.13' ;
Thence N 77° 22' 24" W, 50.05' ;
Page 5
Thence 75° 18' 44" W, 50.00' ;
Thence N 73' 56 ' 14" W, 50.01 ' ;
Thence N 75° 59' 59" W, 50.01 ' ;
Thence N 78° 03' 33" W, 50.08' ;
Thence N 77° 49' 51 " W, 50.07' ;
Thence N 78° 30' 57" W, 50.10' ;
Thence N 88° 50' 24" W, 75.38' ;
Thence N 27° 27' 03" W, 179.31 ' ;
Thence N 38° 44' 16" W, 50.00' ;
Thence N 37° 14' 56" W, 50.03' ;
Thence N 38° 51 ' D9" W, 50.00' ;
Thence N 39° 46 ' 09" W, 50.00 ' ;
Thence N 38° 18' 17" W, 5.22 ' ;
Thence S 63° 28' 04" W, 684.18' ;
Thence 1176.27' along the arc of a curve to the right, having a central angle
of 37° 10' 28" , a radius of 1812.95, and a long chord that bears S 82° 03' 18"
W, 1155.74' ;
Thence N 79° 21 ' 28" W, 1713.22' ;
Thence 1149.69' along the arc of a curve to the left, having a central angle of
63° 15' 26" , a radius of 1041 .35' ; and a long chord that bearsS .69° 00' 49" W,
1092.19' ;
Thence S 37° 23' 06" W, 211 .72' ;
Thence S 52° 36 ' 54" E, 357.78' ;
Thence S 34° 55' 55" E, 423.91 ' ;
Thence S 20° 56 ' 25" E, 650.00' ;
Thence S 23" 33" 37" E, 293.98' ;
Thence S 31° 19' 19" E, 302.65' ;
Thence S 41 ° 32' 24" E, 327.37 ' ;
Page 6
Thence S 06° 35' 57" E, 425.17' ;
Thence S 12° 04' 51 " E, 380.70' ;
Thence S 00° 16 ' 43" W, 348.60 ' ;
Thence S 17° 17' 09" E, 207.35' ;
Thence S 72° 26 ' 30" E, 54.60' ;
Thence S 42° 24' 28" E, 646.46 ' ;
Thence S 89° 37' 56" E, 91 .83' ;
Thence S 00° 22' D4" W, 495.00' ;
Thence N 89° 41 ' 05" E, 50.00' ;
Thence S 00° 22' 04" W, 470.00' ;
Thence 5 89° 41 ' 05" W, 398.67' ;
Thence N 75° 25' 39" W, 450.00' ;
Thence N 79° 40' 14" W, 400.00' ;
Thence N 62° 09' 50" W, 450.00' ;
Thence N 37' 13' 43" W, 1250.00 ' ;
Thence N 88° 16' 33" W 170.52' ;
Thence S 13` 54' 57" E 1350.00' ;
Thence N 80° 52 ' 43" W, 534.52' ;
Thence 167.40' along the arc of a curve to the right, having a central angle
of 147° 33' 41 ", a radius of 65.00' , and a long chord that bears S 82° 54' 08"
W, 124.83' ;
Thence S 89° 18' 09" W, 40.00' ;
Thence 227.78' along the arc of a curve to the right, having a central angle
of 27° 39' 41 ", a radius of 471 .81 ' ; and a long chord that bears N 76° 52 ' 00"
W, 225.57' ;
Thence N 63° 02' 10" W, 70.32' ;
Thence S 00° 41 ' 51 " E, 311 .57 ' ;
Thence S 89° 18' 09" W, 733.13' ;
Page 7
Thence N 46° 54' 50" W, 470.00' ;
Thence S 83° 33' 14" W, 1250.00' ;
Thence N 46° 59' 23" W, 1326.17' ;
Thence S 55° 46 ' 08" W, 97.84' ;
Thence N 46° 50' 08" W, 749.18' ;
Thence S 16° 50' 00" W, 866.53' ;
Thence S 73° 10' 00" E, 287.55' ;
Thence S 40° 37' 00" E, 268.40' ;
Thence S16° 50 ' 00" W, 235.59' ;
Thence S 33° 13' 55" E, 246.33' ;
Thence S 89° 18' 09" W, 720.00' ;
Thence N 73° 10' 00" W, 363.26' ;
Thence N 00° 09' 35" W, 4916.81 ' to the true point of beginning.
Said tract contains 1207.721 acres more or less.
Planned Unft Development Plan
AFFIDAVIT OF INTEREST OWNERS
SURFACE ESTATE
Application No.
Subject Property Beebe Draw Farms & Equestrian Center First Filing
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 (50-0) 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 Ass sor sh 11 have been
assembled within thirty (30) days of the appli on su �ission date.
vv
BEEBE W LAND COMPANY, LTD.
Morris Burk , General Partner
The foregoing instrument was subscribed and sworn to before me this 22193
day \--NUOt , 19ks-.
, 'WITNESS my hand and official seal.
M�,. Cgmmisaion expires: A9-04-pd
COP L✓XJ cwt
Notary Public
Planned Unit Development Plan
NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET
Please print or type
NAME ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL
STATE AND ZIP CODE IDENTIFICATION #
Carl A. Jepsen and 20121 WCR 42
Virginia M. Jepsen LaSalle, Colo 80645 62121302000001
The Farmers Reservoir 80 So. 27th Ave.
and Irrigation Co. Brighton. Colo 62213111000003
Beebe Draw Cattle Co. 15trCarimet, -0ite >706 62t035300Ob5
Denver, CO 80202 62105533000006
Jerrold J. Wardell & 18253 Weld County Rd. 32
Anna E. Wardell Platteville, CO 80651 62121397000006
62121318000002
•
62121318000001
62121318000013
6212131g000010
62121320000008
Planned Unit Development Plan
AFFIDAVIT OF INTEREST OWNERS
MINERALS AND/OR SUBSURFACE
Application No.
Subject Property Beebe Draw Farms & Equestrian Center First Filing
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 abstr ct company or an attorney.
BEEB DRAW AND COMPANY, LTD.
Mo s Bur General Partner
The foregoing instrument was subscribed and sworn to before me this 047
day of )/ , 19��.
WITNESS my hand and official seal.
,My,,Cocnmri"ssion expires: /)-Ocl—tf
ti V,.
tary Public ,
ti
FIRST FILING
MINERAL AND/OR SUBSURFACE INTEREST
OWNERS
Beebe Draw Cattle Co.
Beebe Draw Land Co. , Ltd.
1551 Larimer, #2706
Denver, CO 80202
Aristocrat Angus Ranch
Ben Houston, General Partner
Route 2, Box 76-A
Platteville, CO 80651
Upland Industries Corporation
110 North 14th St. , #1000
Omaha, NE 68102
United States of America
BLM- Northeast Resource Area
10200 W. 44th Ave.
Wheatridge, CO 80033
LESSEES
Champlin Petroleum Company
P.O.Box 1257
Englewood, CO 80150
Machii- Ross Petroleum Co.
3420 Ocean Park Blvd. , #3070
Santa Monica, CA 90405
Vessels Oil & Gas Company
600 South Cherry, #1220
Denver, CO 80222
Amoco Production Company
P.O.Box 591
Tulsa, OK 74102
Statement Summarizing the Planned Unit Development and Including
Requirements 20, 21, 22, 23 and 24 of the Application
Beebe Draw Farms and Equestrian Center PUD
The area of the total PUD is approximately 4100 acres and will include
four (4) filings. The area of the first filing is 1208 acres. The 213
tracts, roads and contained green belt consists of +/- 750 acres. Outlot 1,
the Property Owners Equestrian Center and Recreation Tract consists of +/-
454 acres. The tracts in the first filing average 2.36 acres in size, with
the minimum size being 1.504 acres.
The following is the total list of buildings and structures to be provided
with the First Filing, other than the private single family homes that will
be built by individual property owners. The individual homes will be
designed and built by purchasers of the tracts. All owners will be members
of the Property Owners Association, and the Plans and Building will be
subject to the Architectural and Landscaping Control of the Association in
accordance with the Covenants and Deed Restrictions. (See items 11 and 12)
1. The Entrance Gate House, Signs, Fencing, and Landscaped Area, including
the Median in the Entrance Road. This is depicted on the cover of the
accompanying brochure of Beebe Draw Farms and Equestrian Center.
2. The Property Owners Association Headquarters will be a two story building
which will look like a single family residence. The architectural style
will be Rustic California Contemporary, with rough sawn siding, cedar
shake roof, and some field stone. See accompanying picture of front
elevation. The ground floor will house the fire engine belonging to the
Association, an office, a 10' x 20' room to be built to house Telephone
Company equipment, and two garage bays in the rear for the Association' s
Road Maintenance Equipment. The second floor will contain an apartment
for the Chief of Maintenance and Security who will be the Associations
principal supervisory employee and who will be responsible for the initial
response of the fire engine until the Fire District' s equipment and
personnel arrive.
3. The Cross Country Course with 54 jumps and a start and finish area with
Judges Stand is shown on an accompanying drawing. This is basically
completed.
4. Indoor Arena of 120' x 300' . This will be a metal clear span building, as
shown on accompanying brochure photographs. It will have a special dirt
floor and 16' clearance to the trusses. There will be an attached office
and toilet facilities.
5. Stable Blocks to accommodate 20 horses each with outside runs for each
stall will be built consecutively as needed. These will also be metal
buildings as shown on accompanying brochure photograph.
6. An Outdoor Arena with Judges Stand, Roping Alleys and Facilities, and
seating on an adjoining hillside.
7. The Dressage and Stadium Jumping Area (12 acres) has been graded and
seeded.
8. Parking -areas for competitors and visitors.
9. Small Boat Harbor with Floating Docks (will be on leased area of Milton
Lake.)
The uses of the above listed buildings and structures are self explanatory by
the descriptions. All of the facilities will be owned by the Property Owners
Association. See accompanying Declaration of Covenants and Restrictions.
The Equestrian Facilities will be leased from the Association by Beebe Draw
Farms Equestrian Center, Inc. , and will be operated by that organization.
The remaining facilities will be maintained by the Property Owners
Association under the direction of its Board of Managers.
The locations of all of the facilities are shown on Sheet 2 of the Plat.
All of the roads within the PUD will be private, and those within each filing
will become the property of the Property Owners Association at the time each
filing is recorded.
The Property Owners Equestrian Center and Recreation Tract as shown on the
Plat as Outlot 1 is approximately 454 acres, and is the Eastern portion of
of the PUD and lying East of the Platte Valley Canal (Milton Fill Ditch) . It
contains the Equestrian Center and #3 thru #9 of the Buildings and structures
listed earlier. All of the common open space and green belt recreation areas
and Facilities will be conveyed to the Property Owners Association at the
time of the recording of each plat filing.
All of the common open space and recreation facilities will be maintained by
the Association and the costs will be assessed against the individual
property owners. See Declaration of Covenants and Restrictions.
The Harbor with Floating Docks for sailboats, windsurfers, and motor boats
with maximum of 5 horse motors will be located on leased land but will be
owned, operated and maintained by the Property Owners Association.
Green Belts with 30 miles of riding trails will run throughout the whole PUD
of 4100 acres. Those included in the area of the First Filing are shown on
Sheet 2 of the plat. The balance will be included in the future three
additional plats. Also included are nature and wildlife areas and picnic
areas.
The location of the Property Owners Club, which will be built with the Second
Filing, is also shown on Sheet 2.
Proposed Buffering and Screening
A minimum 200' green belt on the South, West and North sides of the entire
PUD where it is bounded by Weld County Roads 32, 39 and 38 (approx. 9 miles)
will provide buffering from the roads. This First Filing only abuts 1 mile
of WCR 39. No homesites front on or enter from the county roads.
The Main Entrance is off of WCR 39, and is through a 1000' wide x 600' deep
heavily landscaped area (approx. 12 acres) with a median strip and gate
house. See rendering on front of brochure and Sheet 2 of the plat.
The only uses within the PUD that would not otherwise be compatible are the
oil and gas wells on the property. These will be screened and buffered as
each individual location requires with a combination of landscaped buffer and
decorative screening. The landscaping for the 3 well locations in the First
Filing of 213 tracts is shown and specified on Sheet 2 of the plat. Existing
tank batteries will be painted a sand color and future batteries will be
installed with low profile tanks.
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PROPERTY OWNERS ASSOCIATION
HEADQUARTERS
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1`
DECLARATION
OF COVENANTS, CONDITIONS AND RESTRICTIONS
FOR BEEDE DRAW FARMS AND EQUESTRIAN CENTER
THIS DECLARATION, made can the date hereinafter et forth by
BEEBE :DRAW LAND CO. , LTD. , hereinafter referred to as. "Declarant".
WITNESSETH;
TNESSETH;
WHERE A , Declarant is the owner of certain property in sale
County of Weld, State of Colorado, which is more particularly
de'_cri bud as:
SEE EXHIBIT A ATTACHED (Filing 1 )
NOW THEREFORE, Declarant hereby declares -that all of the
ori_'perties described above shall he held, sold and conveyed subj-ect
to the following easements, restrictions, covenants, and conditions,
which are for the purpose of prc'tectinn the value and desirability
f, and which hall run with, the real property and be binding on
darties having any right, title or interest in the described
properties or any part thereof, their heirs, successors and assinns,
arid -;hall inS.Cr e to the benefit of each owner -thereof.
ARTICLE 1
DEFINITIONS
APct•i.!_In_1_ "Association" shall men and refer to Beebe Draw Farm
P ro ber't y Owner' s Association. its `.'.,..lccessors and as .qns.
Se+.= i!;!n_i__ "Owner" shall mean and refer to the record owner,
whether one or more persons or entities, of a fee sImmie title to any
Lot which is a part: of the Pry.oert i es. incluninu contract sellers,
but exludinn those '"laving :such interest merely as security for the
performance of an obligation.
rieCti. _ • "Properties'
---__. .._......._-._. rn,.A1 mean r+.rail refer to that certain
real _property here i nabcrve described, and such additions threto as may
hereafter be brought within the jurisdiction of the Association.
Sect ir"n_4._ "Common Area '::;nail wean al 1 real property
( including tee _improvements thereto) owned by the Ass'_"ciat iz'rr for the
=Mill.rr use and enjoyment z'f the ,_"wners.. The Commor, Area t e be owned
by the Association, in Fit ir"q I , at the time _'f the conveyance of the
first lot is described as fellows:
1. The reads, right-of-ways, utility and rer_reat S.c:nc?.'.
easements.
2. The o reen b e l t areas, riding trails, recreational areas
and common open "spaces.
3. The Equestrian Center facilities.
4. The water, recreation facilities, which wi. '. l be
constructed on leased land.
b_ i he E.-itrance Gate House.
6. The Association Header_larters.
hf"W!t_e_ : The Association will ma 1 rit a:t.Y' ::? c,:,r t r"ar : ar:i Coo13era;'c'r,
with the Sc i l Co'nservatio'n Service which will :::r•`':.vide v r''eenbeit
l.:/ management Policies i c i.es t o prevent erosion"'' protect t- " t j
_ _Yr and Jr'"_' eC_'� �.;rt'�. _. .::.S., .rrlj
environment.
S ctt i rr _cJ_. "Lot" shall _ F
_:-:_ ._. .... _" " ri;f?�rf and refer i• -. :ir:V I::..i."l .!" ! <:1.`te .. 1'eWYE
upon any recorded r"lle'.d.1vi. .'-'n eau of trl':= 2eopertiee with r:'le
exception of the (>:,rnm::,rr Area..
Sect ...":'''rr f=". "D •:e., ," e,.. ., y , ' ;.�.• r)rew
we el r ...J refer � .
L_!lnd Cc'.. . _..td, `.•F,•_ e"ri"` `' ec-"^, e ucce,,sirr3 or
assinn' sn:-,r_tld ecceeee more a;eee '-:de',r - _,ps <_ :I.:.t fr r.f `eie
Declarant i'c"r the L.i'_rl'CJose :'i' C'.r:'VF? ;."'amen..
ARTICLE II
PROPERTY RIGHTS
Sec_•F.1!_'Yf_1 ''h'r:r�r_ ' i s ��E'!'„cr,i__ r_f.....1_Y'1_,vr'`(?Y't. :ere ..... .- .
several additional plats filed and recorded corresponding to the
approval of the master sketch pLan. There may be a maximum •'f ?t
properties in the total of all plats. There will by additional
greenbelt and recreational areas in each of the addic'nal plats. All
of the property owners owning tracts in any of the ;plats will have
eaual ownership and rights to all of the common ❑reenbel.t and
recreational areas, and any improvements placed thereon. regardless
of which plait boundary the area 7.s in. Every owner shall haviz a
right and easement of enjoyment in and to the Common Arei::! .''i:c shall
be appurtenant to and shall pass with the title to ever,, '.'-'L-, c;uh-iect
to the following pro'visio'ns:
(a) The right of the Association to charue reasonabLe
admission and other fees for the use of any
recreational facility situated upon the Common
Area;
(b) The right of the ssc' iat ion i:i;. suspend_tsptr:d the
voting rights and right to use of the
recreational facilities b.: an owner for any
period during which an assessment aca'.ns;] his
lot remains unpaid ; and for a crer tod no'; to
exceci sixty (6'1) days f'o'r any inTr"action
of its published !"'..11es and r''er ul'at .:.of'5.;
(r') the r'l.r;h1; of the -i's t'ci.at :';.V•, to u!edic.'at!::.
or transfer a1 1 r'[' any part he 1:'.}mG1n
(- rea to any puoi :. _- Agency, :i'itricr':•. t:`.'
�..1
' l:- ..'
7.'!:4' for r.l C.'? .'!_!r"'::'''cj Fa c3 !..i 'r�.�r
such condition i'ay be agreed] :::() ti'.;
Members. No such dedication or ir,c!r'1=-r7:er,
'_•ha]. l be effectve unless an Instrument
s1parf.ei1'i!"1 to •:i'!.r7h
• signed by 2/3 or each class of members
has bserl r"ecorued.
Sept ir_m Pel.e? c?t .oll IFrf Ljse. Any owner may delegate, in
accordance with the By Laws, his right o1' enjoyment to the ("'•oIr'ri:on
Area area facilities to the members of his family, hts tenants, .. ,
contract purchasers who reside on the property.
ARTICLE III .
MEMBERSHIP AND VOTING RIGHTS
St=ct is r,_1__ Every owner of a lot which i subject to a': essrllerlt
shall be a member of the Association. Membership shall be
aClourtenarlt to and may riot be separated from ownership of any lot
which is subject to assessment.
Sect 1 c'Yt_ . The Association shall have two classes of v_rt :.YI C.
merle hersh i.o
cl..s A. Class A merit:)Cr s sha'.l1 r..i.'.. ! owners, wit(:: ;"1e
excest i rrrt of th
e Declarant , and •i:l R 1 be e`i'`: e•1 to _yl:..r..a
vote for each ].c.t owned. When mere than ore c ersoY'r holds
arc interest in any lot , all sua''1 cerscrrls s :Ill ?f.• r( .rr::?E?r s..
The vote of such lot shall be ex;='F?'r'ci secs a`_. they ( e':er r17.ne,
but in no event shall more than one vote be C_6 t
respect to any lot. Lot of •DwYtersh}.o shall oe 1. i to i is ;, •3"err...
2) individuals unless ir.d1.vidui•'r.'. `ere :;c tr.IC :iarc ..' :.nit!.:i::.•(i i c-t':.lp
family. ..'t a .L.:t is owned ::.
1'' c:3 t ':.: :"?'_. ,'i'. 1.r:rrl q no rl...} .. i.?:c '?7
four ( i) individuals sr.?tor:: ir:.C:ai. 6ecsgi':iii:l...: r:Y✓ , '-..i..r:;
cor!Dr'rt l.r_+r', ' hall be entitled .. . (-he I',3r:; ':r -ii:' i" .••t;'r-;l..t
areas.
C1assyB. !•"1e Class 0 ii-erber (s) :,1, ; 1 _ r,-1 , "".. .. 1; .zt''• .
and snail I::?e entitled 1:•::. three (.e ' .votes ::.: n cif: "r
' ltiY'rF:r; c-- '.s r .s. 1;: ;r:>rrr......�: ... . '' ('
t... ._,...:1....a I:... . 1..C:.. _•� f. <' �'ia:l : � (-•1-.�:.c::� t.''a't 1.
converted to Class A 1r 1er11b(:.Irsh . e on the h L'!!:in_?I`.' '- ! o:::
either of the eI ;.'::'w1rlq E: Verlte,, wr-..".f.':hevt?r 1_'0':_1.1.)"'!: r:ei:•'t" !. '.r•Ir
(a) When the total votes o'.tstandinn in tne
Class A membership equal the total votes
outstanding in the Class ,.l-,
"'9 O rlierllber.>r:. , . e-
(b) On January 1,, 2015.
ARTICLE IV •
COVENANT FOR MAINTENANCE ASSESSMENTS
Ject i on_2. Creation of_t he Lien and Persona). Ofe l i.C]?.': i r:'r e f
Assessments. The Declarant, for each .loft owned within the
properties, hereby covenants, and each r_'wrrer of any i':'t Dv
contracting to purchase the lot or by acceptance of c• :)pE•r a
....+. r•E.fo1..ey
whether or not it sra11 be so expressed in suers cor(tr'"(c:'t: •. ::•r need, or
such Deeds, is deem e to covenant and agree :,.o pay to the (?!• e
( 1 ) Annual assessments _r c:ll rg&s., ari
(2) 3oec'ia= assesements for caeitei ?.'•rerovement :.
such assessments :o '_le car..:,'(-•i':II:) L i ene.z end
collected as hereafter orov .de°..
The annual and special assessments,vsrllerl'';s: edethee with ieteeest, [•!,`etc
arc r'easor!ah1.e r3tt.er'rie:'' s r'F:ee TeL-. ._i (•`I'(e a i': ,.r:. - rI
2
shall be a :1::ent 1 rl'.ta.+''1!7 lien upon '1 e !:)ro::eet`1 agct.I.r!1-.: 1.t, t_'•: . :? ece
assessment is made. Hach 511(::1 I assessment , _e:.et Il(:•r 4': !. _ . •.i:':t."'i••'•-e t
costs. arc reasonable at:ter'r•Iev' '.': fees, iii)•:I.'.I al e° _e .•.. ':e ?7 .. e:2
r--rD:. •:.!. a 1Ctrr •:r the )' tierso- whe `.V...,. ..) owl
•_ ,.Ir:M w ne!.1 •..) :r;Ftr;k: !7e13 1: , . :', _ ) .l. _r . �:, !'..
lr•: s• t't' �
eelincueet -:.._....t-.. ...... II_.e.•e
I ri I esr:; expreeetv a``''urlt':?o ! 'v-no. ..
.'`e(:_t. .!_11.1 I ....•1w..... {-1er:,,::�- ,Iee r - I:.e eeesee .
:•tf•"•r ' '''l"!. e--.t•ety, .c Y1!.:I the },i...'.. iyu,.,..t_ 70 ...�-.. -1 1 .. ..
r.1r1d for the irnc>rovE:a'nerrt; aric. maintenance •:. the eoad's one u e Common
P r ea.
Sect i'19YI J., Max 7.r111_lrn ( r11"I'_l:;i.l. A=:.'='.f's=.�rilE:!'r:{;. Ur!t 1 J.anw71 0 !::
year immediately fol lc'w1Yiq the conveyance of the first tit to an
owner, either by contract or Deec or by Deed, the ri,a x i merit ar'r:':a 1
assessment shall be Three Hundred Sixty De1 i.ari (1.'i..:i'r. :70) _`er lot .
(a) From and after .3ari1.,Ear'y s. of the year immediately
following l ',::'winngg the conveyance of the first lot ta :en
owne*•', the maximum annual as sF s! rller1t may be
increased each year not mooe then 5% a.ove ;na%,
maxi.rll'_Ern assessment for the previous year'
without a vote of the ;,lerIL er.h i.cr.
(b) Frorll and after January 1 oF the year itr.:ee,.a'_e1 v
f 11c'w1ri a the eoi'Iveyar.ce ':':` the first 1.':+.t: te an
owner, the maximum annual ae st:!r;W':iei"r•t mee t'E=
increased above:` :5% _.',• a ..'.:.te e t .;.- '; . •r: ; /.7,.;)
of the total of iij. .. v'o'ter .. : oth elazes
of members wrto are votinn .. .. .er'sc'ri re-ex!,
at a meeting O1_E.:1' celled •Fc.' .,n•.s.: . .tr" eee.
(c) The Boar'{ or Directore may f ?.x .t. ...? c.':"::`•. .. ` i
assessment at an amount not in R xce!•_'_ :_ . a
maximum.
ct i on 4. J:')n �1
r•.• .':}t.c�(.a'. f.r .a. ��.. J.. ..' _ •:..
addition to the .:annual assesseents aE.Etr '::.r L:led above, 1.be I' :`::i!'-. '.•,.
n'ay levy, in any es'.:ii-s srilE:nt year, a special av'={:_'.._:rf:r?Y5C :....::! :..c... ._ .. _. to
that year '• .. .••, "1
....rlr' '.'YI:.v 1'i;. ..:.4:? 1:, i''G1.:i`_-•1::! .:i'� '�I'r...'r'T•'...:r:{ t..i" J I i` i': ; ri 1.,": .. .11''4- Eta
east of any ceYir•t eeet ;t':'Yr. rec.`.v.._.t.i..'..i!'t ''i-.': t"'er: a i renaeeeere ef a
!:.':1r11'i.:i t trt' ':ri:.VF_?':`F•.!i'',t 1.tlDc'YI the Gammon iTheti'.. _'.'7C: ..'_'.. ... r i '. )'..i::•... .. a :it'd
eerr.ena .7r..,r_iiE-::i-• '•,/ 'i �i t• .,.h. .r ,,_ r ys_<•• t•
_ _ .a3 t l=•... ..'1 E'r'' .. �v ... ...'.ti:.. .. ... -'l.:. %.!1' eel ._ E:•--.....l r-ri.
el eee a :?._.. ee. _i' _ . :i' ':'..'tte : '_'i 'i.. I. .': '' .. ':" •
of members who ialr o voting :i.r't person ':.'r by :. '.ii<v •.,5'( c1 Inept i nii' duly
called for this ouroose.
Sect i orl 5r.,. i 't i CE?_ ncl_(_4' :r't.tm -faor_ lnY-_ert i c:n_glIt r,1 i. _.rl._i,'rl[±er
Sections_. _a.nd_4. Written rtt-:tire of any meeting called f'-'r the
purpose of taking any action authorized under Section 4 4. �.. �Et 1. be
sent to all members not less than 30 days nor more then 6!0! Plays in
advance of the meet inn.r,C?. At the first such meeting Cc5i. ".C'C:q. the
presence of members or of proxies entitled to cast •7teA o •.. ,'. _ of the
total votes of both classes of rtlerslhereh10 shall cone'i: ] l;!_!t€:? ::i r,;it{-srl..lp:.
If the reauired quorum is not present, another meeting may be called
sub__Iect to the same notice requirement, ancj the required !:l!.torurtl at
the subsequent meet inn shall be one-half ( /',R) of the rf?(zuirec t us_tr'•ur,1
at the preceding meeting. No such subseeuent meeting shal. 1. be I_lci
more than 6i<1 days following the preceding !I eey iriq.
Sect tor: .:s. Date o Col'llmeri::r�rl'Ierit of .'-ln1'ts_ia I. Ts ;:r_'; t4F .
Pates. The annual aS:=:eeer:'tt::'n s r.) `evid€'(:': r.:tr f"ierefi.i-t ... ::t;. .l ':`..:e 5 -:i':v
to all Lots on the first day of the month fo ;s_tNs].1"tg - !2i-o., - t a of
the Common! Area. I he first annual assessment snail Oe al:: t_! 'i:er:
according! to the number of months r'er,l:;,;j.r1!.5't::t in ..:Ii 1.r0,:.1., year'.
The Board of Directors shall fix the amount of the a sn'..'l.:f :::_,cel_ir.-rnt 'rt
against each Lot at least thirty (30) days: .n adva-nce .f eacr ._.•7nuCal
arsessmers't Del''ioos. Written rl:::'tice of toe annual a:aee .:,'=::'ir?nt a';h.-: :. '. be
sent of every Owner subject thereto. The due dates small 6
established by the 1iiar••dii.F Uir'ec:•�ore. `s.;e Ass'.:.ciat !os't ... .r:5... _... !li::pi"I
demand and for a eeasonable eharge, "s -•r i .. ".;-5 1 'e/
an Officer of .:he e..:.=or .. Z'•• _ ''''! .:ett " rir• ierh •s.•-•tom . ec? eceeeeee .s.
nn a :Deci. i .-.sa - •
e: l eci .1: 1leZVE? i:1r.?l?'i s •..!":t'I _... � �:S':'i.s!:.)::'Y`..y t'�:'itt:aC1' .:t=� :t. e 4:c
t ne I1r.:''._eciat ion ;1:: ts:.. the vtJiiir: of :t':.: ..a;;aul'Ien a :e ., -.. t
:'l; r'C:Iir: t.i'::!'.:tn the Acs,+ciat ... 'rl a•:. e the _.,::1'. ,:s , f 3 ':.1; c'. ,.. ... ..
.5
' the Association. (-riy assessment n'.' paid" Wt thin th:..r"t:v ( '<' ) eciys
after the due date shall bear -.rite*'rtst f*^c::t the di..e dDte ,•:•.,. ':iee rate
702(.0t();';'5
of e4... ( ) percent per annum. r he Association ion may brine ee Ae ' : on of
law against the Drier oer^Soriai .y obligated to Clay the sam':', erte
foreclose the lien against the ]-'c":rer't y. No Ginner r;;ay k-.?.i\%= or
otherwise escape liability for the assessments pr c'y16ed ce r^ herein by
non-use of the Common Area or abandonment oi' his Lot , -
Section 8. Subc'r'd 1Y!a t i on_of,t he -Lien" to_i Io}rt L`:c?_te„ -:..le •t I fart: +:_+f
the assessments provided for herein shall be suOc'rc! i.r s.- `e ., .. toe lien
of any first mortgage. Sale or transfer o and Lot shall not affect
the assessment lien. However, the sale er• tean'.fer ,.:f any ...ot
oiir'suarit to mortgage foreclosure or any r oceec 1 YI c 1-t lieu hereof,
shall extiniou sr1 the l. .iic-ri of such ass•essrner ';s an to eeveents whiC_
hcaf]'=+riie due prior to such male or transfer. No eale •,r•. ,eeeeefee shall
relieve such lot from liability fee any .:.1'i:':St ci::::!'t!c'rI':e -I.J2 ,: f_ ..
becoming due or fr'or1? the lien thei'ec'":.
ARTICLE V
OW
CONTROL.
NOW THEREFORE. in c':,n !e t i"= i:: •i:..s i f.' T"c"lt :L YI _ i tee C:, ii r::C:.:i.. .. ....'''I+:`..`. ;'r� .. !::'
several ourchaserc and nr:`tr:ti:'l?=':: (his, 'rer, 'Gheir"'.. ee .'.'`l.'.:. .w::.. .:
executors. administrators, :Der^q_•or.al reor'eseetc, t. ...-•y-•_ eedeeeeeee . 'e
t:;r.. s, nc c .. ..' I:l_.r'st:'r- {_r•' concerns 1 ,.f, .h f.., ph 7,e ,..c..
�1.. sltlrt -i� rs .<� .... t: :.:i.3.rfl �_ '.!'..
er
F. . f .. _.eda .. _ t1•'_)r.:t:i in sate r '::t and, e
such grantees)mac. ! e•� e- .�.»e ...t.It.,. . .
Declarant hereby ccclares to ane agr eee l',ti h p:Ac-•.'-1 end ever\r ;rer-•._>t=':":
who shall ee :'•.r^ ,`iec;-e.ry7F: owner e eny ee L,.. ...er;e:,, .t eeeiri :e , t
':!rt tr.Z:••„_'pc of gee i.•'::'eu- h•,r r-.f er.' .. I.. t t I r
hereby be-•ii.!'I,.": by i"`?=' ='':'y nan _. ". ''' •'I• I '•! , ,..., I-?f ,en t i , )a
tI t..' .r _..']E?'r .: C'.G.`!a("•?•") r`C'! in tiler? 1-1.:..-t r c_'{" .. .. ..., .-+: . _ i::' :tl;.': I. :..t
rr! , sublet l ....j,• f•, r.,, ... F'r•Y• ;'..' Al-td W 4'I:�� �r'!r''F 2'.. e:l.,.:,..I + � .. + ...
. ... .... mod- - - - -' - -
wit ;
Sect1+!rt_l. Intent ,. ee .i_ ;e .1rtt Sift ef theeeprere)ete - .e
protect protect and erthclrice? the Va.!.i..le., C'esir+Ei!_li I. :1 `✓ and r.1 G '.:! R'-' l ye;-:r: es '''i
said property. Restrictions are kept to cl TI:in1r7!:ii lti11.1c: eeF,tilrsr] in
constant focus the right of the property •::'wners to !'r, :ti•. t•.'s.^..
property in attractive S'.irr':'llnt.'i r,o free of nuisances, '''.(' .;{_ :"':'-'`.5E,
arid dander. Purther, it is intended that tne natural -•r.vie':'nrier:t }e
disturbed as little as possible,
tSection__2. e'r�cr11tecttircl.! ..7m't,'1,`C+k ! r',itt e - 1
1Z Control C'=trtiriiittee of three persons is herehy created. L;ei :i i.'::,:'r ittee
shall exist arid exercise the controls herein ori:tvide':; for a !er^iod of
twenty (2 0) years from the date hereof. It seal : C.':'rs' st - c three
members who shall be <'apnt_+inted by the Fl c': r•d of L-) retors , • :he
rrr'oerty Owner ' s !Association. :.3I":•='uici any eeri'ber of is +:; ;iftf;':.te,,
r.lie, move away from Weld County, become a t_IY:EIbie to 'y-+ . a'--
i, - h1 E
Committee, or r'f::tcs3.;:!Yt � tri _.c::.:,..�1..• 't iv
Directors of tile Property .T er:9 _ c:sry7'='C',.et ... en. Ai 1.` .•t.,;•• itt:.
Architectural Control Committee.it 11
='Ystr .I l_. it717 't^.�1: can be removed c?•1';�. _ ... ...-s.^.e„ .::)v .-y
beard of Directors for ‘'a1 J.ur•.. to er-t!1C;,•* i\• erf :':"-hl their !I .. . ._F3'....
Neither the rilerilne_rs of the Cer.m .Y tee nor ti' ,: B?•::'. !r••;'.':. ..
reeresent a t 1 ve shall be en's: i t +::.s::: , r v ceoeneetie for '::t.?'r•V i C..ee
performed c l_I r 5 U a ri t .( this coveent.
Sect.i on_..3. Permits.
ci! The approval '_: .. -ie., ; r'`c°l:. t''C:.. _:Y^a i. 4.o1'!.. _O .. . .'1 teF! •.:+:e'..
I2 _ ... .. .. ..
. F. ':�f?C..+.11'I-'t.:l i': i•r7•. ,.'�: .1.r'�I::I :![:.1._,1.^cy _�t..l.•: �• :I. !.i� ' 1'': i?]"' c.rl.T'i..tLi f.! qt .7:!".
n any Lot.
L'7) 0 JC:i ._o _.i^ ?er'mi . 'i!!:s: A ..7..0 ! _ ;.. n:.::! . .. ..:t '.:.• y
+•
andandi3 C:'-<:,... 1 t .1F.':' lVl';:°l the j:7•.+C""'i: tfi•!.'-! _:i`c .- -- .''it ^!" . -[:; . . ..
C: nst r''t.'.C:t ns _ ranystoutur .
.. .. .:. _rl"Ici-.,i,.:l:: .i ,.. ri : U5.. ' c.? ..... ..•'i ..`1'..'?t_i ! : ' ` - .
'.'f approval and perri:i'ttinl , or from the starting date f
construction, unless an extension is secured from t.—i:=? Architecturai
Control Committee for valid reasons.
F.ier`tic,n 4. Euildinn 3tlane!ard4i and Setharks:.,
(a) A11 h+_ii ldirr.s will be seF, bark a ivr.n::ri:!.t::: .-..f t. .-:., y ( .;')
feet from a). 1 lot lines with the exception
G)t 1 !"i of a paddoc.. and or stab1e
CI building which must he fifty ty (5 0) fr,o+m sidel lnes arir..: r. r.:/ `:,.-: ras dl._se
as Twenty (`0 ) feet frc+ri' rear I irie-'. if rear lot lines abut i.:!
freenbe l t area.
(b) Any detached garage must be :::et back at :{ ?ail.; five (5)
fee:''_ from front line of main dwei. ]. irir. .
(c:) No outbuildings or accessory h+_lildir;n a will ;:1e .".)ermited
unless connected by roof to main buildIn:. except, a stable ,and or
1v paddock, covering no more than t'i of the Lot and located in the rear
of the hi:+u,,,e, or a storage building of no ^ •:=,re than 101 x 121 which
has an exterior- of finish the same I'17`.;4E'1'`':I a.{s and d'f' ,::`i-.,: - :-lti ';(:a ::!al
dwelling.
(d) No structure of tempory C_`Ylr.?.'t^ai';; ;tie.^ t!-'"..... .i.Pr, ti:rn ,
recreational+rlal ? ' , shed,5 V e h .L.'...t. _. � barn or other i',!A t :l o 1. ..+.':'7.:`i . :?,:`..:-i... .. -.:..z, .+s e(:i
on any lot at any time .-3 a permanent r:'•::>1!..!`rlce.
(e) The ml 'i'..r:7tuii sizo ..•.F t .ie a2 ,:, voJel .,. r•._ .. `:
( `fJ ft. at around lFve: not .:.ref, i_:d.. :l :. r' . y�"?rtf:?ntL f . .
exceptions ran .',r_• 1-r'^.r.ted by 'i'i.: q-chjr,,ctral
to special yarchI:!T ac i_ira: :1t 51i.: .
(f) !hi::' ii.':_^1Xl 'i'iUro !'te _i:!'i; ::+"- :Ali i'..:I _d .r!i.Iu:. .1 (.
( ) Al 1 exterior ;i7+"ik:ei^i _. :. y i.:.l.r: .=,"'i;?' :'Y- .. .. .. . ! . e'
:i �'il:. l.' -fir" ��itt• .'k �::'
..o+7r+,vec !:)` the Prchitei.`:GI.Ar• '. ...: err_ i F.,e ( rAnt be lufoit (F!C t._
a,onr..wai r i o r ti e m P.
i•-! i T.'-}? .7.X't;fir'). .. pan d'v:(_' i. +. ..i^ -'+f' . :r.: r_i ' , ,r- '.::•:?+ .
the PLD shall be maintained in cold repair and pain4t-d. Stained
condition shall be properly maintained.
0 ( i ) Each lot shall have only one (1 ) main dwelling and n
loot shall be subdivided for smaller home sites.
O (,l ) No mobile homes or resident; ial trai ler�. shall be
permitted on any lot at ar1V time.
64.) N'=1 subordinate or ancillary use by "`!ec a etea-•/
0E'ka C'':.i.er'
than those permitted in the PUT) zone shall be allowed.
(a) The area around all dwellings shall be adeC!1.(aely
13 landscaped and maintained to:, provide a neat aepearanee.
(b) Landscaping plans must be aoprcved by the Architectural
':'~'_!t ro l Comrf11 t t es'.
(c) Within six (6) months of er,r;;nleti n of Alain ,awelli.n7 a
m:n).murll of 15 trees shall be planted on the lot.
Two-:;her-c3s (2/3)
s.• a. I be evergreens of which two-thirds (2/3) shall be a ii11r11riiI_m of
`-'7 1n L1.f
he-_ r ._
t. !�t ).ease two-thirds (2/3) o'f deciduous trees shall be
a ri;1.riiml.lri: :.f i. in height-.
(c:l) Dead trees shall be replaced df_irinr: the next i .l.•It1.i"g
(e) Other eesidential laeescapie . h41
.x s..
,hall be _ , i
... E'1': '(: : an aC:C°'.L 1{'::'':c:.l.i ._'.: r'•' ;:ho .'.L.''C < 'f'..'r.;:. ...,. 1 '- ... 17.
'l:;'1(se and ,-:.(+:'..ric:e walled o
Sect_en_. _. `"..E.f-(se...<1';.Q r?I.'b7 -I'` li. -yy -, _. _
shall b1.: Pp.-..):' : r' .. .r 7 t osc
r:• .or•1 L'c?...r ..'r" . x:-:i f::i_s::,_,' r.•.f
ianrier t1;7rIr ='.'e: ''1^-3 !f.:ii c1a•.. :C'r \:,`: •I , .l F.
be r err111t•:;l".'c to 7'F){:1.'-f; :"f eX7{: ed ua•.".,f ,;hip 11 ,(.. .. .1x1 . 1 i .n-O,0
oub 11._ road: -1.... .. . . ._ . I ( it !r L
.. _.... _'r �.•' ,I , ' If..YI-'I ,,�,r� •i �_, ..FAY _. ^�ir.a..�:E�:,v: (:..)r Ufa r.1;; :.1,... .. ... .t .�_.
n er,e ."i:'. f__'I 'r(= t r,.tc:'1.: 3., 'rf may , e. :oci4.'-;i•. i n':: for net 'f r .Y-ii,,3'f
It is i 1 lerial to keel) or store a on any premises used for
residential purposes within the zoned areas of Weld t.;r.rt,.rtt ' a I':7"'tor
vehicle which is inoperable, unlicensed, or, is beir•,n •..i'_(r:'.(>:r+rd,,
dismantled, wrecked, unless said vehicle is locater. within .''ny
enclosed building. This ordinance will apply in this DL.,!). No
uirti'7ot..l ed r!7aintert<.rtce equ'.rrnent can be parked anywhere wi th::.r! `'he
1S
P. U. D.
Pect i r::rn 7.- Easement... L.aseil;pnt s for :(nst a i ,;.r arc;
maintenance, utilities, roadways, drivIpways, an , v 1s...... ,...!r..:." :1:...f'J:.;r•:;'.e
incident to the development of the Property are reserved as described
or shown on the recorded plat. Such easnr<'ents " h,;1!_ bpi kept cleans
and readily accessible.
Sect i on._e. N!l s_cZ•_r,Ce,_ No noxious or offensive activity ci. .a I. l be
carried on !_((7ort on Lt:.t nor shall anything he , , ,� done .`t r:r^=:�r:"„ :•1.t:.cW:•t may
be or become an annoyance or nuisance to the rl(=!.2.rh bo;''':i':rr:t(''.
No motorized vehicles (other than m_1:t "'!tertanct VE ±C' -s) wi 1 be
allowed o f;F roads. This specifically includes rotor bikes, dirt
9 bikes, and all recreational rascal. off-road (_ lC.?:5.
,_f r'�,Gz:a vK�.��. Owners w i i 1 be
assessed{ for any d.. r,7arles car.lse;.1.r to any !7.(rf7.rlioi, _reeni—e) "' a-ec s ',.y use
of any motorized vehicle of arty type.
• Sect ior=r_.'3.. Fenr_es
(a) No ow,.. meter Fencing of =:1r':' . .. .;`.r:?` '.'. t:? yy:. ) .. t::,, %..i-i7,1.
`. owner iay r:c:e .. . ce,;',_:.r li :.vr , r"r-i v .2\:
fencing ':'r walls -'. •'taa?(im ":1 of 5X m,, :Y.. .. . - .: :.1 <:. . r . r,
: r.,;and t:? ? :141.C1 dwol . i i`•:r'
, r ) Fin cir,;r. i ., it'ta'L E7. it -
(":r-'r•r'<a.. o ' a(-rdr:rc!t.. (_3._,;-? , . ... . 't . (( ) ::tr.... :!t..;. ;::t L.: ( ) .
,_1 r.,_.h, ,.r7(_ �`
c.. _ !..1:'n i C o'.rli'r'�_l Cr=rrl7iti f ;:;• .•
•''.ert rl__ IM . (•tri7i'la�.........
a) D':mess __C_. pets is �. L
may bei' I t r. :tr` L•?c:1!'i':1''ta :. :A . .. "!'
business purposes. For the purpose of this r"eau .at '':'r1. ; t,it:' ai''i"••::-t s
or birds with hc'c'ved, webbed, or scaied feet shall r:•t;: t_t,'a 'i:•re.Sir7F:'red
domestic pets.
(b) Dogs must be under tree owners' control :+.c a;. '. •, :i.f.rie ;.
(c) Horses may be kertt within the PUD as rer:c-ti 4ed by
Section 4. (a) ,) , Section 9. (a) , and Section 9=,.. (c) . N':' r'ra :.n' of any
art] rtia1s on home sites, trails or :]reenbe�•ts will be _it.: 1. : ec at any
time. (See NOTE .i : Article : : Section 4. ) Private t ! - _ , ,.••r,
allowed, but must conform to setback rei1uirerplE?nits and terh' teact„r•.al
control. Any animals kept on the .':.c r::1..1!:.t. b;? ..:'t T;t"' C.:-':-'r ..i or
Paddock area unless being ridden. lIYt: `i one horse !2.F'•" :l.+. r .:1 s`•',^.; .[ be
"kept on a cerrtlanertt basis on any lot. It wilL r.:)C' w''!'. :F!s_.'i.'l-I'...i 5:L y
of e a c— . . r: i v i c'_t i 3 lot owne.r wthorseh
tA::t'•'t ?.'r_' -.z ::':'c it be''Lt.''1es a fly or -.C'Io ' .. a -
(d) No l',t in ar- fi ,. .r! 'n .-:'!.1r) _.. ,
raising animals '::r- r='.:'r11rt1ercia_. ':)'.S"'r?'„'se . .ar'd rir•!'•, r''-
::ale or food v`i'al. l be cc'rt+:i i cier';_ad in ,7 his i _. a;'.''
^'_'rre-tic pet.
C..::) -i':c number ,:•1= horses and di::? ):}tic e'!;5:: .".t!. ... :.ie!
accordance with 4•at:'.: C: C.:'_trlt'' ):'c ''_t ca•!: 1'_nt
eC 2•-.n
r '
tilt? public view on any lot. ?). pt 'r:: .:•i`1 tY .... _ ... . „ 1,
::r'!. .r'C•_' fest i1.t.;'1/1=..•'Y'� ..:i'.Yig the F:',:' ;ra1:.: Z' .For l:.:;'tlt=? .:.'Y' .. :. _ '.tsed
:ly .:l ui. ...+.!er^ '?Yi. . t• 'i; •. ".a n-' _''' •!r - r. .. .. . .. - .•
`.:ia1..e`_" ']i»'`":c,
gec In i.-_ 't•.. VptAt iy ,- .,,v,,,.. r1 . ': ?r t, cr-.: .. _
County Commission, ,;1rud thereafter JV an instrument sidni:''':' V r:'t. .:°?has
than a YI seventy-five ":- - 1_ .vPVf?1"It%Y-1"1VE_ percent �%,.l%t} _�:�' the lot '::'WY:C'r"�_ r'1;!t:: .:::�?'. l' t::t'r%1.� by the
Weld County Commission. Any amendment must be recorded.
dedt.
Section Ft!(-1%`JA A;,:trJr"t 'Vi3 7.. As long as there is a Class 13
membership, the 'F'_'1 t .Wirr12 act].':- s will rh?auire the jr"';:: r" <_'1'JI.]rval of
the Federal Hous1r7C Administration or the Veterans Administration:
Annexation of additional properties, ueri:.i_at :.on of C•::' rt",or' Area, and
amendment of this Declaration of Covenants, Conditions ;And
Restrictions.
IN WITNESS WHEREOF, the :.trtd !rsi.nrted, Leant he iDclar4:rr•: , herein,
has hereunto set its hand and seal this _..._._.__.._..._ coy ,f•
19
Declarant
f;\r
.... ---------.--.------------.---- - -
STATE. .OF_ COL O1'f1')f2
C o t_f l;l t ii P'. ,r't.:.!l [-I i'f i'7_1 nr:1:Y 1 :1f-:? -'r !
gotng
19
i•;v
Witness :.iy 'land , r;.'; r_'f; .a: d1.
my c';'i''Ir!11'3!: 1'_r ex c 1 r-.,e
.\I':''t•:ir'V ‘)1. 1c
(tj. ���% Ati
SfiPsoll-isoostsr
40N
( :d-'
h fy
DEPART EENT OF --. r� CERTIFICATE•
STAT
4, NATALIE MEYER , ,Wrepiaity of Wale a/ the Abate a/
Woh4acta hew ce/th that the 74ie2equi4dexl AI Me ibbuaance
o� 1A4 cet4 cafe have lean Miff / commiagice with law
and ate fount lc conf2m to kw.
&dcco/x(4;n , the tence24irtect, 4, v4&e of i/ie attehotttm
ve4tect en me , tteiety A4aeo A CERTIFICATE OF INCORPORATION
TO E:EEBE DRAW FARMS PROPERTY OWNERS ASSOCIATION, A NONPROFIT
CORPORATION.
s
\
by.\
T f
*1 , 1 *
Qaic,D72 lit
SECRETARY OF STATE
8 7
DATED: MAY 6. 19_85
NOT FOR PROFIT 0 4 J
TIED
ARTICLES OF INCORPORATION ELY -8 $985
OF STATE CF COLORADO
BEEBE DRAW FARMS PROPERTY OWNERS AS DEPARTMENT STATE
ASSOCIATION
In compliance with the requirements of the Colorado
Nonprofit Corporations Act, the undersigned, a resident of
Denver, Colorado, and of full age, does this day form a
corporation not for profit and does hereby certify:
ARTICLE I
The name of the corporation is BEEBE DRAW FARMS PROPERTY
OWNERS ASSOCIATION, hereafter called the "Association" .
ARTICLE II
The principal office of the Association is located at
1551 Larimer, Suite 2706 , Denver , Colorado 80202 .
ARTICLE III
registered office
Morris Burk , whose addres( is 1551 Larimer, Suite 2706 ,
Denver, Colorado 80202 , is hereby appointed the initial
registered agent of this Association
ARTICLE IV
PURPOSE AND POWERS OF THE ASSOCIATION
This Association does not contemplate pecuniary gain or
profit to the members thereof , and the specific purposes for
which it is formed are to provide for maintenance, preservation,
and architectural control of the residence Lots and Common
Area within that certain tract of property described as :
See Exhibit "A" which is attached hereto and
incorporated herein by reference .
and to promote the health, safety and welfare of the residents
within the above described property and any additions thereto
as may hereafter be brought within the jurisdiction of this
Association for this purpose to:
(a) exercise all of the powers and privileges and to
perform all of the duties and obligations of the Association as
set forth in that certain Declaration of Covenants , Conditions
and Restrictions, hereinafter called the "Declaration" , appli-
cable to the property and recorded or to be recorded in the
Office of the Weld County Clerk and Recorder and as the same may
be amended from time to time as therein provided, said Declaration
being incorporated herein as if set forth at length;
(b) fix, levy, collect and enforce payment by any lawful
means , all charges or assessments pursuant to the terms of the
Declaration ; to pay all expenses in connection therewith and
all office and other expenses incident to the conduct of the
business of the Association, including all licenses , taxes or
governmental charges levied or imposed against the property of
the Association;
(c) acquire (by gift , purchase or otherwise) , own , hold,
improve , build upon, operate , maintain , convey, sell , lease,
transfer, dedicate for public use or otherwise dispose of real
or personal property in connection with the affairs of the
-Association ;
-2-
(d) borrow money, and with the assent of two-thirds
(2/3) of each class of members mortgage , pledge, deed in trust ,
or hypothecate any or all of its seal or personal property as
security for money borrowed or debts incurred;
(e) dedicate , sell or transfer all or any part of the
Common Area to any public agency, authority , or utility for
such purposes and subject to such conditions as may be agreed
to by the members . No such dedication or transfer shall be
effective unless an instrument has been signed by two-thirds
(2/3) of each class of members , agreeing to such dedication, sale
or transfer;
(f) participate in mergers and consolidations with other
nonprofit corporations organized for the same purposes or annex
additional residential property and Common Area , provided that
any such merger, consolidation or annexation shall have the
assent of two-thirds (2/3) of each class of members ;
(g) have and to exercise any and all powers , rights and
privileges which a corporation organized under the Non-Profit
Corporation Law of the State of Colorado by law may now or
hereafter have or exercise.
ARTICLE V
MEMBERSHIP
Every person or entity who is a record owner of a fee or
undivided fee interest in any Lot which is subject by covenants
of record to assessment by the Association , including contract
-3-
sellers , shall be a member of the Association. The foregoing
is not intended to include persons or entities who hold an
interest merely as security for the performance of an obliga-
tion. Membership shall be appurtenant to and may not be
separated from ownership of any Lot which is subject to assess-
ment by the Association.
ARTICLE VI
VOTING RIGHTS
The Association shall have two classes of voting
membership:
Class A. Class A members shall be all Owners , with the
exception of the Declarant, and shall be entitled to one vote
for each Lot owned. When more than one person holds an interest
in any Lot, all such persons shall be members. The vote for
such Lot shall be exercised as they determine, but in no event
shall more than one vote be cast with respect to any Lot.
Class B. The Class B member (s) shall be the Declarant (as
defined in the Declaration) , and shall be entitled to three (3)
votes for each Lot owned. The Class B membership shall cease and
be converted to Class A membership on the happening of either
of the following events , whichever occurs earlier:
(a) when the total votes outstanding in the Class A
membership equal the total votes outstanding in Class B
membership; or
(b) on July 1, 1993 .
-4-
ARTICLE VII
BOARD OF DIRECTORS
The affairs of this Association shall be managed by a
Board of seven (7) Directors , who need not be members of the
Association. The number of directors may be changed by
amendment of the By-Laws of the Association. The names and
addresses of the persons who are to act in the capacity of
directors until the selection of their successors are :
Name Address
Morris Burk 1551 Larimer , Suite 2706
Denver, CO 80202
James W. Fell 10125 W 6th Avenue , #105
Lakewood, CO 80215
William W. Poleson 1265 Lake Plaza. Dr.
Colorado Springs , CO 80906
Thomas A. Burk 1609 B South Ivory Circle
Aurora , CO 80017
Christopher L. Phillips 1610 Wynkoop
Denver, CO 80202
Merle Fincham 1265 Lake Plaza Dr.
Colorado Springs , CO 80906
Judith K. Burk 1551 Larimer, Suite 2706
Denver, CO 80202
At the first annual meeting the members shall elect two
directors for a term of one year, three directors for a term
of two years , and three directors for a term of three years ;
and at each annual meeting thereafter the members shall elect
enough directors to fill the vacancies .
—5-
ARTICLE VIII
DISSOLLUTION
The Association may be dissolved with the assent
given in writing and signed by not less than two-thirds (2/3)
of each class of members . Upon dissolution of the Association,
other than incident to a merger or consolidation, the assets
of the Association shall be dedicated to an appropriate public
agency to be used for purposes similar to those for which
this Association was created. In the event that such dedica-
tion is refused acceptance , such assets shall be granted, con-
veyed and assigned to any nonprofit corporation, association,
trust or other organization to be devoted to such similar
purposes.
ARTICLE IX
DURATION
The corporation shall exist perpetually.
ARTICLE X
AMENDMENTS
Amendment of these Articles shall require the assent of
75 per cent (75%) of the entire membership.
ARTICLE XI
The fiscal year of the Association shall begin on the
first day of January and end on the 31st day of December of
-6-
every year, except that the first fiscal year shall begin
on the date of incorporation.
IN WITNESS WHEREOF the undersigned has hereunto set his
hand this 2nd day of May 198 .
41k(V6RLIWIL
IMO
STATE OF COLORADO )
CITY AND ) ss.
COUNTY OF DENVER )
I , Shirley Wayman , a notary public, hereby
certify that on the 2nd day of May 1985 , personally
appeared before me MORRIS BURK who being by me first duly sworn
acknowledged and declared that he is the person who signed the
foregoing document as Incorporator and that the statements
therein contained are true .
Witness my hand and official seal .
My commission expires October 1, 1985
Notary Public
-7-
r r
LEGAL DESCRIPTION
A tract of land located in sections 3, 4, 5, 8, 9, 10, 16 and 17,
Township 3 North, Range 65 West of the Sixth Principal Meridian, Weld County,
Colorado, being more particularly described as follows;
Beginning at the northeast corner of said Section 16 and considering the
East line of said Section 16 to bear South 00° 41 ' 51" East with all bearings
herein relative thereto:
Thence South 00° 41' 51" East, 5262.03 feet to the Southeast Corner of
said Section 16;
Thence South 89° 27 ' 03" West, 5139. 13 feet to the Southeast Corner of
said Section 17;
Thence South 89° 33' 00" West, 5328.46 feet to the Southwest Corner of
said Section 17;
Thence North 00° 29' 57" West, 5259.91 feet to the Southwest Corner of
said Section 8;
Thence North 00° 09' 35" West, 5292.39 feet to the Southwest Corner of
said Section 5;
Thence North 00° 24 ' 57" West, 3981 .69 feet to the Southwest Corner of
the North half of the Northwest Quarter (N1/2 of NW1/4) of said Section 5;
Thence along the South line of said North Half of the Northwest Quarter
(N1/2 of NW1/4) of Section 5, North 89° 44' 30" East, 2631.54 feet to the
Southeast Corner of said North Half of the Northwest Quarter;
Thence along the South line of the Northwest Quarter of the Northeast
Quarter (NW1/4 of NE1/4) of said Section 5, North 89° 44' 27" East 1331.69
feet to the Southeast Corner of said Northwest Quarter of the Northeast
Quarter (NW1/4 of NE1/4) of said Section 5;
Thence along the East line of said Northwest Quarter of the Northeast
Quarter (NW1/4 or NE1/4) , North 00° 38' 12" West, 1325.38 feet to Northeast
Corner of said Northwest Quarter of the Northeast Quarter (NW1/4 of NE1/4) ;
Thence North 89° 40' 15" East, 1333.51 feet to the Northeast Corner of
said Section 5;
Thence along the North line of said Section 4, North 89° 35' 05" East,
3438.49 feet to the intersection -with the centerline of the Platte Valley
canal ;
Thence along the centerline of the Platte Valley Canal by the following
twenty-four (24) courses :
1 - South 40° 04' 03" East , 16.81 feet
2 - South 10° 09' 07" West, 45.49 feet
3 - South 27° O1 ' 47" West , 281.98 feet
4 - South 35° 02' 43" West, 129.95 feet
5 - South 46° 24' 26" West, 113.95 feet
EXHIBIT "A"
6 - South 67° 56' 02" West , 114.41 feet
7 - 158.51 feet along the arc of a curve to the left having a central
angle of 43° 14 ' 52", and a radius of 210.00 feet
8 - South 24° 41 ' 10" West, 39. 72 feet
9 - 258.45 feet along the arc of a curve to the left having a central
angle of 68° 10' 08" and a radius of 217.23 feet
10 - South 43° 28' 58" East, 159.97 feet
11 - 69.50 feet along the arc of a curve to the right having a central
angle of 48° 38' 11" and a radius of 81.88 feet
12 - South 05° 09' 12" West, 19.20 feet
13 - 117.95 feet along the arc of a curve to the right having a central
angle of 25° 54 ' 10" and a radius of 260.90 feet
14 - South 31° 03' 22" West, 130.58 feet
15 - South 09° 40' 40" West, 95.26 feet
16 - South 03° 11' 43" East, 116.07 feet
17 - 114.85 feet along the arc of a curve to the left having a central
angle of 36° 30' 36" and a radius of 180.24 feet
18 - South 39° 42' 18" East, 116.57 feet
19 - 90.93 feet along the arc of a curve to the left having a central
angle of 45° 22' 31" and a radius of 114.82 feet
20 - South 85° 04' 50" East, 170.71 feet
21 - 151.01 feet along the arc of a curve to the right having a central
angle of 68° 29' 30" and a radius of 126.33 feet
22 - South 16° 35' 19" East, 120.95 feet
23 - 196.66 feet along the arc of a curve to the right having a central
angle of 25° 35' 07" and a radius of 440.41 feet
24 - South 08° 59' 48" West, 49.59 feet
Thence North 89° 31 ' 39" East, 1790.68 feet to a point on the East line
of said Section 4;
Thence North 89° 31 ' 39" East, 2250.00 feet;
Thence South 00° 43' 49" East, 700.00 feet ;
Thence South 44° 50' 44" East, 3265.41 feet to a point on the South line
of said Section 3;
Thence South 44° 50' 44" East, 1117.42 feet to a point on the East line
of said Section 10;
Thence along the East line of said Section 10, South 00° 06' 00" West,
1840.65 feet to the Southeast Corner of the Northeast Quarter of said Section
10;
Thence along the South line of said Northeast Quarter of Section 10,
South 89° 27' 21" West, 527.90 feet to a point on the centerline of the dam at
Milton Reservoir as surveyed and recorded in the U.S. Land Office, under
Number 029370, 1925;
Thence along said survey by the following six (6) courses:
1 - North 58° 40' 00" West, 364.78 feet
2 - 200.00 feet along the arc of a curve to the left having a central
angle of 6° 40' 00" and a radius of 1718.87 feet
3 - North 65° 20' 00" West , 550.35 feet
y - r
4 - 545.00 feet along the arc of a curve to the right having a central
angle of 21' 48 ' 00" and a radius of 1432.39 feet
5 - North 43° 23' 00" West, 605.06 feet
6 - North 63O 10' 42" West, 329.44 feet
Thence North 00° 37' 22" East, 75.92 feet to a point on a deed executed
December 28, 1909;
Thence along the courses of said deed by the following eighteen (18)
courses :
1 - South 71° 20' 00" West, 540.87 feet
2 - South 43° 34' 00" East, 318.00 feet
3 - South 16° 14 ' 00" East, 175.00 feet
4 - South 00° 40' 00" East, 380.00 feet
5 - South 27° 02' 00" West, 73.00 feet
6 - North 65° 16' 00" West, 155.00 feet
•
7 - North 56° 09' 00" West, 462.00 feet
8 - North 68° 59' 00" West, 256.00 feet
9 - South 31° 13' 00" West, 248.00 feet
10 - South 80° 26 ' 00" West , 196.00 feet
11 - North 65° 07 ' 00" West, 288.00 feet
12 - South 76° 23' 00" West, 188.00 feet
13 - South 35° 25' DO" East, 88.00 feet
14 - South -54° 35' D0" West, 130.00 feet
15 - North 35° 25' 00" West, 80.00 feet
16 - South 14° 20' 00" West, 350.00 feet
17 - South 50° 10' 00" East, 285.00 feet
18 - South 00° 22 ' 00" East , 154.86 feet to a point on the South line
of the Northwest Quarter of said Section 10;
Thence along the South line of the Northwest Quarter, North 89° 27 ' 20"
East 241. 50 feet to a point on the west side of Milton Reservoir at the
highwater elevation of gauge rod 39.5;
Thence southerly along highwater elevation gauge rod 39.5 by the
following twenty (20) courses:
1 - South 25° 09' 43" East, 106.90 feet
2 - South 24° 47 ' 32" East, 180.70 feet
3 - South 36° 43' 58" East, 146.03 feet
4 - South 25° 08' 23" West 111.15 feet
5 - South 02° 01 ' 55" East, 227. 19 feet
6 - South 27° 01 ' 04" East, 93.92 feet
7 - South 13° 36' 46" East, 101. 31 feet
8 - South 24° 32 ' 47" East, 116.37 feet
9 - South 06° 39' 27" East, 234.27 feet
10 - South 07° 03' 44" West, 151.41 feet
11 - South 14° 47' 43" West, 113.30 feet
12 - South 05° 07' 43" West 157. 19 feet
13 - South 17° 56' 25" West, 90.47 feet
14 - South 42° 18' 14" West , 134. 52 feet
15 - South 19° 19' 41" West , 268.66 feet
16 - South 30° 21 ' 06" West , 184.39 feet
17 - South 51° 40' 59" West, 105. 15 feet
18 - South 79° 43' 10" West, 714.61 feet
/
19 - South 24° 52 ' 12" West, 224.67 feet
20 - South 07° 14' 01" East, 10.72 feet to a point on the South line of
said Section 10;
Thence along said South line of Section 10, South 89° 28' 21" West 293.91
feet to the Southwest Corner of Section 10, also being the Northeast Corner of
said Section 16 and the Point of Beginning.
Said tract contains 4134.98 acres more or less.
i:TROVEMENTS AGREEMENT ACCORDING
POLICY REGARDSG COLLATERAL FOR IHPROVENENTS
THIS AGREEMENT, made and entered into this day of
, by and between the County of Weld, State of Colorado, acting through
its Board of County Commissioners, hereinafter called "County", and
BEEge RAW LAND CoMPANL / LTD. , hereinafter
called "Applicant".
WITNESSETH:
WHEREAS, Applicant is the owner of or has a controlling interest in the
following described property in the County of Weld, Colorado:
SEE ATTA(-WED LEGAL
WHEREAS, a final subdivision plat of said property, to be known as
REESE DRAW FARMS ANn EQUESTRIAN CEN1a, FILING ONE
has been submitted to the County for approval; and
WHEREAS, Section 11-1 of the Weld County Subdivision Regulations provides
that no final plat shall be approved by the County until the Applicant has
submitted a Subdivision Improvement Agreement guaranteeing the construction of -
the public improvements shown on plans, plats and supporting documents of the
subdivision, which improvements, along with a time schedule for completion,
are listed in Exhibits "A" and "B" of this Agreement.
NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the acceptance
and approval of said final plat, the parties hereto promise, covenant and
agree as follows:
1.0 Engineering Services: Applicant shall furnish, at its own expense, all
engineering services in connection with the design and construction of
the subdivision improvements listed on Exhibit "A" which is attached
hereto and made a part hereof by this reference.
: . 1 The required engineering services shall be pertormed by a
Professional Engineer and Land Surveyor registered in the State of
Colorado, Lind :.hall contorm to the standards and criteria
established by the County for public improvements.
1.2 The required engineering services shall consist of, but not be
limited to, surveys, designs, plans and profiles, estimates,
construction supervision, and the submission of necessary documents
to the County.
1.3 Applicant shall furnish drawings and cost estimates for roads within
the subdivision to the County for approval prior to the letting of
any construction contract. Before acceptance of the roads within
the subdivision by the County, Applicant shall furnish one set of
reproducible "as-built" drawings and a final statement of
construction cost to the County.
2.0 •
improvemen erein agreed upon, Applicant shall acquire, at its own
expense, good and suf t rights-of-way and easements on all lands and
facilities traversed by the osed improvements. All such
rights-of-way and easements used for the con ction of roads to be
accepted by the County shall be conveyed to the County ana documents
1
3.0 Construction: Applicant shall furnish and install, at its own expense,
the subdivision improvements listed on Exhibit "A" which is attached
hereto and made a part hereof by this reference, according to the
construction schedule set out in Exhibit "B" also attached hereto and
made a part hereof by this reference.
3. 1 _Said construction shall be in strict conformance to the plans and
drawings approved by the County and the specifications adopted by
the County for such public improvements. W"s"a"ar a cubdiviaion is
Yrc z in three miles of an incorporated eommunity located in
• preveeenss in aeeerdanee w#eft the
r.rr ' roments and standard.. tl..t . .,aid ..xi..t If it,. viaC ♦_. .
d•ea within the corporate limits of that coau,.it) . If the
i-+eorporatcd community has not adopted such rcyuircmentc and
et-and-ards at the Limo she cubdiviaion is propoced, the requirements
and .,tandards of the Cedety shall be adhered to. If both the
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•
incorporatua community and the County- have requiromentt and
3tnndard3, those ...yui, L.,aunto and .3candarda that arc more
rn.-tr;rr;n .h.,t i -,Fply,
3.2 Applicant shall employ, at its own expense, a qualified testing
company previously approved by the County to perform all testing of
materials or construction that is required by the County; and shall
furnish copies of test results to the County.
3.3 At all times during said construction, the County shall have the
right to test and inspect or to require testing and inspection of
material and work at Applicant's expense. Any material or work not
conforming to -the approved plans and specifications shall be removed
and replaced to the satisfaction of the County at Applicant's
expense.
3.4 The Applicant shall furnish proof that proper arrangements have been
made for the installation of r^^+ '--y ^v septic systems,
water, gas, electric and telephone services.
3.5 Said subdivision improvements shall be completed, according to the
terms of this Agreement, within the construction schedule appearing
in Exhibit "B". The Board of County Commissioners, at its option,
may grant an extension of the time of completion shown on Exhibit
"B" upon application by the Applicant subject to the terms of
Section 6 herein.
4.0 Release of Liability: Applicant shall indemnify and hold harmless the
County from any and all liability loss and damage county may suffer as a
result of all suits, actions or claims of every nature and description
caused by, arising from, or on account of said design and construction of
improvements, and pay any and all judgments rendered against the County
on account of any such suit, action or claim, together with all
reasonable expenses and attorney fees incurred by County in defending
such suit, action or claim whether the liability, loss or damage is
caused by, or arises out of the negligence of county or its officers,
agents, employees or otherwise except for the liability, loss, or damage
arising from the intentional torts or the gross negligence of the county
or its employees while acting within the scope of their employment. All
contractors and ocher employees engaged in construction of the
improvements shall maintain adequate workman's compensation insurance and
-3-
public liability lase-ante coverage , and shall operate in strict
accordance with the Laws and regulations of the State of Colorado
governing occupational safety and health.
5.0
•
with th ollowing procedures by the Applicant, streets within a
subdivision may be •opted by the County as a part of the County road
system and will be maintained repaired by the County.
5. 1 If desired by the County, portion f street improvements may be
placed in service when completed according to e schedule shown on
Exhibit "B", but such use and operation shall not c itute an
5.2 County may, at its option, issue building permits for construction
on lots for which street improvements detailed herein have been
started but not completed as shown on Exhibit "B", and may continue
to issue building permits so long as the progress of work on the
subdivision improvements in that phase of the development is
satisfactory to the County; and all terms of this Agreement have
been faithfully kept by Applicant.
5. 3 Upon completion of the construction of streets within a subdivision
and , the filing of a Statement of Substantial Compliance, the
applicant(s) may request in writing that the County Engineer inspect
FOR RELEASE OF THE BOND Fo(Z THAT PoRTiom
its streets
Of THE WORK .
accept thorn for pacxial maiwtewanco by tha County. Partial
Not sooner than nine months after acceptance for partial maintenance
of streets, the County Engineer shall, upon request by the
applicant, inspect the subject streets, and notify the applicant(s)
of any deficiencies. The County Engineer shall re—inspect the
streets after notification from the applicant(s) that any
deficiencies have been corrected. If the County Engineer finds that
the streets are constructed according to County standards, he shall
RELEASE of THE goND-
recommend
receipt of a pos.4tivc to q-ualiflied reaamaandatioa from the Ccuwty
facilities -and County property, and sha}1 be fcsponoible far the
ding repair.
6.0 General !1etuircrents for Coil.iternl:
6. 1 The value of :.il collateral submitted to Weld County must be
equivalent to IOU;L of the value of the improvements as .shown in this
Agreement. Prior to Final Plat approval, the applicant shall
OR ALoMBINATlON of MOTs£ VAN/ ONG
indicate which of the five types of collatera l he prefers to be THAT
utilized to secure the improvements subject to final approval by the
Board of County Commissioners and the execution of this Agreement.
Acceptable collateral shall be submitted and the plat recorded
within six months of the Final Plat approval. If acceptable
collateral has not been submitted within six months then the Final
Plat approval and all preliminary approvals shall automatically
expire. An applicant may request that the County extend the Final
Plat approval provided the cost estimates are updated and the
development plans are revised to comply with all current County
standards, policies and regulations. The improvements shall be
completed within one year after the Final Plat approval (not one
year after acceptable collateral is submitted) unless the
applicant (s) requests that this Agreement be renewed at least thirty
(30) days prior to its expiration and further provides that cost
estimates for the remaining improvements are updated and collateral
is provided in the amount of 100% of the value of the improvements
remaining to -be completed. If improvements are not completed and
the agreement not renewed within these time frames, the County, at
its discretion, may make demand on all or a portion of the
collateral and take steps to see that the improvements are made.
6.2 The applicant may choose to provide for a phased development by
means of designating portions of a Planned Unit Development,
Subdivision, or Change of Zone, that the applicant wishes to
develop. The applicant would need only to provide collateral for
the improvements in each portion of said Planned Unit Development,
Subdivision, or Change of Zone as he proposes to develop them; the
County will place restrictions on those portions of the Planned Unit
Development , Subdivision, or Change of Zone, which are not covered
by collateral which will prohibit the conveyance of the property or
the issuance of building permits on said portions until collateral
is provided for those portions or until improvements are in place
and approved pursuant to the requirements for a Request for Release
of Collateral.
-5-
•
6. 3 Applicant intends to develop in phase(s) in accordance
with Exhibits "A" and "n"
7.0 Improvements Guarantee: The five types of collateral listed below are
acceptable to Weld County subject to final approval by the Board of
County Commissioners.
7. 1 An irrevocable Letter of Credit from a Federal or State licensed
$gnjit &v caVr2.e financial institution on a form approved by Weld County. The letter
of credit shall state at least the following:
- The Letter of Credit shall be in an amount equivalent of 100%
of the total value of the improvements as set forth in
Section 6.0 and exhibits "A" and "B".
- The Letter of Credit shall provide for payment upon demand to
Weld County if the developer has not performed the obligations
specified in the Improvements Agreement and the issuer has been
notified of such default.
- The applicant may draw from the Letter of Credit in accordance
with the provisions of this policy.
- The issuer of the Letter of Credit shall guarantee that at all
times the unreleased portion of the Letter of Credit shall be
equal to a minimum of 100% of the estimated costs of completing
the uncompleted portions of the required improvements, based on
inspections of the development by the issuer. In no case shall
disbursement for a general improvement item exceed the cost
estimate in the Improvements Agreement (i.e. , streets, sewers,
water mains and landscaping, etc.) . The issuer of the Letter
of Credit will sign the Improvements Agreement acknowledging
the agreement and its cost estimates.
- The Letter of Credit shall specify that 15% of the total Letter
of Credit amount cannot be drawn upon and will remain available
to Weld County until released by Weld County.
- The Letter of Credit shall specify that the date of proposed
expiration of the Letter of Credit shall be either the date of
release by Weld County of the final 15%, or one year from the
date of Final Plat approval, whichever occurs first. Said
letter shall stipulate that , in any event , the Letter of Credit
shall remain in full force and effect until after the Board has
received sixty (60)
days c.rlcten notice Lrom the issuer of the Letter of Credit of
• the pending expiration. Said notice shall -be sent by certified
mail to the Clerk to the Board of County Commissioners.
7.2 Trust Deed upon all or some of the proposed development or other
property acceptable to the Board of County Commissioners provided
that the following are submitted:
In the event property within the proposed development is used
as collateral, an appraisal is required of the property in the
proposed development by a disinterested M.A. I. member of the
American Institute of Real Estate Appraisers indicating that
the value of the property encumbered in its current degree of
development is sufficient to cover 100% of the cost of the
improvements as set forth in the Improvements Agreement plus
all costs of sale of the property.
In the event property other than the property to be developed
has been accepted as collateral by Weld County, then an
appraisal is required of the property by a M.A.I. member of the
Institute of Real Estate Appraisers indicating that the value
of the property encumbered in its current state of development
is sufficient to cover 100% of the cost of the improvements as
set forth in the Improvements Agreement plus all costs of sale
of the property.
- A title insurance policy insuring that the Trust Deed creates a
valid encumbrance which is senior to all other liens and
encumbrances.
- A building permit hold shall be placed o'n the encumbered
property.
7.3 Escrow Agreement that provides at least the following:
- The cash in escrow is at least equal to 100% of the amount
specified in the Improvements Agreement.
- The escrow agent guarantees that the escrowed funds will be
used for improvements as specified in the agreement and for no
other purpose and will not release any portion of such funds
without prior approval of the Board.
The escrow agent will be a Federal or State licensed bank or
financial institution.
-7-
- .. the ucune: of '.:eld Count? iocermines there is a default of
the ._..pro'.' meats Agreement , the escrow agent , upon request by
-the County, .;hall release any remaining escrowed funds to the
County.
7.4 A surety bond given by a corporate surety authorized to do business
in the State of Colorado in an amount equivalent to 100% of the
value of the improvements as specified in the Improvements
Agreement.
7.5 A cash deposit made with the County equivalent to 100% of the value
of the improvements.
8.0 - Request for Release of Collateral: Prior to release of collateral for
the entire project or for a portion of the project by Weld County, the
Applicant must present a Statement of Substantial Compliance from an
Engineer registered in Colorado that the project or a portion of the
project has been completed in substantial compliance with approved plans
and specifications documenting the following:
8, 1 The Engineer or his representative has made regular on—site
inspections during the course of construction and the construction
plans utilized are the same as those approved by Weld County.
8. 2 Test results must be submitted for all phases of this project as per
Colorado Department of Highway Schedule for minimum materials
sampling, testing and inspections found in CDOH Materials Manual.
8.3 "As built" plans shall to submitted at the time the letter
requesting release of collateral is submitted. The Engineer shall
certify that the project "as built" is in substantial compliance
with the plans and specifications as approved or that any material
deviations have received prior approval from the County Engineer.
8.4 The Statements of Substantial Compliance must be accompanied, if
appropriate, by a letter of acceptance of maintenance and
responsibility by the appropriate utility company, special district
or town for any utilities.
8.5 A letter must be submitted from the appropriate Fire Authority
indicating the fire hydrants are in place in accordance with the
approved plans. The letter shall indicate if the fire hydrants are
operational and state the results of fire flow tests.
-8. 6 The requirements in 8.0 thru 8. 5 shall be noted on the final
construction plans.
-e-
co1!o•,rng the sunmitt„i of the Statement u[ Substantial Cet,plinnco
and recommendation Cl acceptance of the streets for partial
maintenance by the County, the applicant(s) may request release of
the collateral for the project or portion of the project by the
Board. This action will be taken at a regularly scheduled public
meeting of the Board.
8.8 The request for release of collateral shall be accompanied by
"Warranty Collateral" in the amount of 10% of the value of the
improvements as shown in this Agreement excluding improvements fully
accepted for maintenance by the responsible governmental entity,
special district or utility company.
8. 9 The warranty collateral shall be released to the applicant upon
final acceptance by the Board of County Commissioners for full
maintenance under Section 5.3 herein.
9.0 Public Sites and Open Spaces: When the Board of County Commissioners,
pursuant . to a rezoning, subdivision or planned unit development , requires
the dedication, development and/or reservation of areas or sites other
than subdivision streets and utility easements of a character, extent and
location suitable for p••61,ic ••co for paako,s greenbelts or schools, said
actions shall be secured in accordance with one of the following
alternatives, or as specified in the PUD plan, if any:
9. 1 The required -acreage as may be determined according to Section
8-15-B of the Weld County Subdivision Regulations shall be dedicated
to the County or the appropriate school district, for one of the
above purposes. Any area so dedicated shall be approved by the
County or school district, and shall be maintained by the County or
school district.
9.2 The required acreage as determined according to Section 8-15-B of
the Weld County Subdivision Regulations may be reserved through deed
restrictions as open area, the maintenance of which shall be a
specific obligation in the deed of each lot within the subdivision.
9.3 In lieu of land, the County may require a payment to the County in
an amount equal to the market value at the time of final plat
submission of the required acreage as determined according to
Section 3-15-B. Such value shall be determined by a competent land
-9-
appraiser chosen Jointly by the Board :end the Applicant . the cash
t:oileccad 33.111 be cepusitad in an .: crow ❑ccount to he expended fur
parks at a later date.
10.0 Successors and Assigns: This Agreement shall be binding upon the heirs,
executors, personal representatives, successors and assigns of the
Applicant, and upon recording by the County, shall be deemed a covenant
running with the land herein described, and shall he binding upon the
successors in ownership of said land.
IN WITNESS hdEREOF, _the parties hereto have caused this Agreement to be
executed on the day and year first above written.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
Weld. County Clerk and Recorder
-and Clerk to the Board
•
BY: •
Deputy County Clerk
APPROVED AS TO FORM:
County Attorney
APPLICANT:
BY:
(title)
Subscribed and sworn to before me this day of , 19
My commission expires:
Notary Public
—10—
E::l1ICIT ".1" ili,\SE I
Name of T.ubdivisicn:
Filing:
Location:
Intending to be legally bound, the undersigned Applicant hereby agrees to
provide throughout this subdivision and as shown on the subdivision final plat
dated , 19 , recorded on 19
in Book , Page No. • , Reception No. , the following
improvements.
(Leave spaces blank where they do not apply: )
Estimated
Improvements Unit Cost Construction Cost
Street grading
Street base
Street paving
Curbs , gutters, and culverts
Sidewalks
Storm Sewer facilities
Retention Ponds
Ditch improvements
Sub-surface drainage
Sanitary sewers
Trunk and forced lines
Mains
Laterals (house cone)
On-site Sewage facilities
On-site Water supniv ana storage
Water mains
Fire hydrants
Survey & street monuments & boxes
Street lighting
Street name signs ._
Fencing requirements -
Landscaping
Park improvements
SUE-TOTAL
Engineering and Supervision Costs
(testing, inspection, as-built plans and work in addition to preliminary
and final plat; supervision of actual construction by contractors)
TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $
The above improvements shall be constructed in accordance with all County
requirements and specifications, and conformance with this provision shall be
determined solely by Weld County, or its duly authorized agent.
Said improvements shall be completed according to the construction schedule
set out in Exhibit "B".
Signature of Applicant
(If corporation , to be signed by President and attested to by Secretary,
together with corporate seal. )
Date: , 19
—11—
• EXHI ;LT "Fi" PIL\SE
Name of Mbdiviion:
Filing:
Location: •
Intending to be legally bound, the undersigned Applicant hereby agrees to
construct [he improvements shown on the final subdivision plat of
Subdivision,
dated 19 , Recorded on , 19
in Book , Page No. ' , Reception No. , the following
schedule.
Ali improvements shall be completed within years from the date of
approval of the final plat.
Construction of the improvements listed in Exhibit "A" shall be completed
as _follows:
(Leave spaces blank where they do not apply.)
Improvements Time for Completion
Street grading
Street base
Street naving
Curbs, _utters , and culverts
Sidewaiks
Storm Sewer facilities
Retention ponds
Ditch improvements
Sub-surface drainage
Sanitary sewers
Trunk and forced lines
?la ins
Laterals (house conn)
On-site Sewage facilities
On-site L;ester supply and storage
Water mains
Fire hydrants
Survey a street monuments 5 boxes
Street lighting
Street name signs
Fencing requirements
Landscaping
Park improvements
SUB-TOTAL
• The County, at its option, and upon the request by the Applicant, may grant
an extension of time for completion for any particular improvements shown
above, upon a showing by the Applicant that the above schedule cannot be met.
Signature of Applicant
(If corporation , to be signed by President and -attested to by Secretary,
together with corporate seal. )
Date: 19
-12-
LEGAL DESCRIPTION — r7Lin/6 OW
-
A tract of land located in Sections 3, 4, 5, 8, 9, and 10, Township 3 North,
Range 65 West of the Sixth Principal Meridian , Weld County, Colorado, being
more particularly described as follows:
Commencing at the Northwest Corner of said Section 8 and considering the
west line of said Section 8 to bear South 00° 09' 35" East with al'. bearings
herein relative thereto;
Thence along said west line of Section 8, S 00° 09' 35" E, 236.16 ' to the
true point of beginning;
Thence N 89° 50' 25" E, 200.00' ;
Thence N 86° 32' 30" E, 1532.79' ;
Thence S 75° 45' 01 " E, 500.00' ;
Thence N 38° 50' 00" E, 331 .13' ;
Thence S 68° 53' 10" E, 450.00' ;
Thence 81 .40' along the arc of a curve to the right, having a central
angle of 20° 43' 40", a radius of 225.00' and a long chord that bears N 31°
28' 40" E, 80.95' ;
Thence N 41 ° 50' 30" E, 235.00' ;
Thence S 48° 09' 30" E, 225.00;
Thence 361 .79' along the arc of a curve to the right, having a central angle
of 21 ° 01 ' 08", a radius of 986.23, and a long chord that bears S 37° 38' 56" E,
361 .79' ;
Thence N 74° 02' 57" E, 850.00' ;
Thence S 46° 08' 35" E, 1117.27 ' ;
Thence N 65° 33' 04" E, 266.94 ' ;
Thence 511 .92 ' along the arc of a curve to the left, having a central angle
of 28° 09' 58" , a radius of 1041 .35, and a long chord that bears N 51 ° 28'
D5" E, 506.78' ;
Thence N 37° 23' 06" E, 366.72' ;
Thence 1260.10 ' along the arc of a curve to the right, having a central angle
of 63° 15' 26", a radius of 1141 .35, and a long chord that bears N 69° 00 ' 49"
E, 1197.07 ' ;
Thence S 79° 21 ' 28" E, 1713.22' ;
Page 2
Thence 1111 .39' along the arc of a curve to the left, having a central angle
of 37° 10' 28", a raidus of 1712.95, and a long chord that bears N 82° 03'
1-8" E, 1091 .99' ;
Thence N 63° 28' 04"E, 701 .29' ;
Thence N 10° 11 ' 15" W, 60.10' ;
Thence N 11° 06 ' 14" W, 50.00' ;
Thence N 10° 11 ' 15" W, 50.01 ' ;
Thence N 09° 43' 45" W, 50.02 ' ;
Thence N 09° 16 ' 18" W, 50.04' ;
Thence N 11° 47' 29" W, 50.00' ;
Thence N 15° 27' 08" W, 50.12' ;
Thence N 17° 02' 45" W, 100.46' ;
Thence S 88° 04' 22" W, 8.11 ' ;
Thence N 55° 06 ' 47" W, 68.88' ;
Thence N 28° 02 ' 02" W, 24.62' ;
Thence N 01° 59' 49" E, 64.86 ' ;
Thence N 24° 17' 59" W, 51 .56 ' ;
Thence N 34° 33' 13" W, -50.12' ;
Thence N 38° 26' 37" W, 50.00' ;
Thence N 42° 33' 43" W, 50.13' ;
Thence N 61° 52' 04" W, 76 .22' ;
Thence N 89° 17' 02" E, 139.17' ;
Thence N 03° 45' 51 " W, 390.32 ' ;
Thence N 70° 52 ' 01 " W, 116.11 ' ;
Thence N 72° 17' 16" W, 122.30' ;
Thence N 55° 39' 25" W, 181 .68' ;
Page 3
Thence N 31 ° 18' 35" W, 1063.87' ;
Thence S 58° 31 ' 52" W, 117.39' ;
Thence 186.32' along the arc of a curve to the left, having a central angle
of 36° 09' 27", a radius of 295.24' ; and a long chord that bears N 49° 32'
51 " W, 183.24' ;
Thence N 67° 37' 31 " W, 82.76' ;
Thence N 50° 32' 21 " W, 149.58' ;
Thence 251 .81 ' along the arc of a curve to the right, having a central angle
of 59° 32' 09", a radius of 242.34' , and a long chord that bears N 20° 46' 17" W,
240.64' ;
Thence N 08° 59' 39" E, 51 .65' ;
Thence N 89° 31 ' 39" E, 4040.68' ;
Thence S 00° 43' 48"E, 700.00' ;
Thence S 44° 50' 44" E, 3309.91 ' ;
Thence S 00° 06 ' 00" W, 1677.35' ;
Thence N 62° 40' 05" W, 298.38' ;
Thence S 38° 04' 26" W, 66.71 ' ;
Thence S 70° 24' 28" W, 210.50;
Thence N 65° 42' 40" W, 1366.02' ;
Thence N 44° 48' 50" W, 1115.90' ;
Thence S 71° 20' 00" W, 678.95' ;
Thence S 43° 34' 00" E, 318.00' ;
Thence S 16° 14' 00" E, 175.00' ;
Thence S 00° 40' 00" E, 380.00' ; t
Thence S 27" 02 ' 02" W, 73.00' ;
Thence N 65° 16' 00" W, 155.00' ;
Thence N 56° 09' 00" W, 462.00' ;
Page 4
Thence N 68° 59' 00" W, 256.00' ;
Thence S 31 ° 13' 00" W, 248.00' ;
Thence S $0° 26 ' 00" W, 196.00' ;
Thence N 65° 07' 00" W, 214.52' ;
Thence N 29° 11 ' 51 " W, 43.34' ;
Thence N 35° 35' 04" W, 285.27' ;
Thence N 69° 49' 46" W, 52.20' ;
Thence N 34° 41 ' 43" W, 94.87' ;
Thence N 40° 48' 08" E, 154.56 ' ;
Thence N 72° 48' 51 "E, 101 .53' ;
Thence N 31° 54' 29" E, 62.43' ;
Thence N 00° 00' 00" E, 57.00' ;
Thence N 10° 53'08" W, 105.90' ;
Thence N 07° 06 ' 02" W, 291 .23' ;
Thence N 11° 50' 61 " W, 107.28' ;
Thence N 33° 54' 04" W, 150.60' ;
Thence N 07° 02' 17" W, 163.23' ;
Thence N 36° 47' 35" E, 143.90' ;
Thence N 57° 06 ' 34" W, 102.50' ;
Thence N 65° 59' 14" W, 50.60' ;
Thence N 69° 22' 13" W, 50.23 ' ;
Thence N 71 ° 52' 38" W, 50.07' ;
Thence N 74° 30' 37" W, 50.00' ;
Thence N 77° 01 ' 49" W, 50.04' ;
Thence N 79° 52' 59" W, 50.19' ;
Thence N 78° 58' 20" W, 50.13' ;
Thence N 77° 22' 24" W, 50.05' ;
Page 5
Thence 75° 18' 44" W, 50.00' ;
Thence N 73° 56 ' 14" W, 50.01 ' ;
Thence N 75° 59' 59" W, 50.01 ' ;
Thence N 78° 03' 33" W, 50.08' ;
Thence N 77° 49' 51 " W, 50.07' ;
Thence N 78° 30' 57" W, 50.10' ;
Thence N 88° 50' 24" W, 75.38' ;
Thence N 27° 27' 03" W, 179.31 ' ;
Thence N 38° 44' 16" W, 50.00' ;
Thence N 37° 14' 56" W, 50.03' ;
Thence N 38° 51 ' 09" W, 50.00' ;
Thence N 39° 46 ' 09" W, 50.00 ' ;
Thence N 38° 18' 17" W, 5.22 ' ;
Thence S 63° 28' 04" W, 684.18' ;
Thence 1176.27' along the arc of a curve to the right, having a central angle
of 37° 10' 28" , a radius of 1812.95, and a long chord that bears S -82° 03' 18"
W, 1155.74' ;
Thence N 79° 21 ' 28" W, 1713.22' ;
Thence 1149.69' along the arc of a curve to the left, having a central angle of
63° 15' 26", a radius of 1041 .35' ; and a long chord that bearsS 69t 00' 49" W,
1092.19' ;
Thence S 37° 23' 06" W, 211 .72' ;
Thence S 52° 36 ' 54" E, 357.78' ;
Thence S 34° 55' 55" E, 423.-91 ' ;
Thence S 20° 56' 25" E, 650.00' ;
Thence S 23" 33" 37" E, 293.98' ;
Thence S 31° 19' 19" E, 302.65' ;
Thence S 41 ° 32' 24" E, 327.37' ;
Page 6
Thence S 06° 35' 57" E, 425.17' ;
Thence S 12° 04' 51 " E, 380.70' ;
Thence S 00° 16' 43" W, 348.60' ;
Thence S 17° 17' 09" E, 207.35' ;
Thence S 72° 26' 30" E, 54.60' ;
Thence S 42° 24' 28" E, 646.46 ' ;
Thence S 89° 37' 56" E, 91 .83' ;
Thence S 0D° 22' 04" W, 495.00' ;
Thence N 89° 41 ' 05" E, -50.00' ;
Thence S 00° 22' 04" W, 470.00' ;
Thence S 89° 41 ' 05" W, 398.67' ;
Thence N 75° 25' 39" W, 450.00' ;
Thence N 79° 40' 14" W, 400.00' ;
Thence N 62t 09' 50" W, 450.00' ;
Thence N 37' 13' 43" W, 1250.00' ;
Thence N 88° 16 ' 33" W 170.52 ' ;
Thence S 13° 54' 57" E 1350.00' ;
Thence N 80° 52' 43" W, 534.52' ;
Thence 167.40' along the arc of a curve to the right, having a central angle
of 147° 33' 41 ", a radius of 65.00' , and a long chord that bears S 82° 54' 08"
W, 124.83' ;
Thence S 89° 18' 09" W, 40.00' ;
Thence 227.78' along the arc of a curve to the right, having a central angle
of 27° 39' 41 ", a radius of 471 .81 ' ; and a long chord that bears N 76° 52 ' 00"
W, 225.57' ;
Thence N 63° 02' 10" W, 70.32 ' ;
Thence S 00° 41 ' 51 " E, 311 .57' ;
Thence S 89° 18' 09" W, 733.13' ;
Page 7
Thence N 46° 54' 50" W, 470.00' ;
Thence S 83° 33' 14" W, 1250.00' ;
Thence N 46° 59' 23" W, 1326.17' ;
Thence S 55° 46 ' 08" W, 97.84' ;
Thence N 46° 50' 08" W, 749.18' ;
Thence S16° 50' D0" W, 866.33' ;
Thence S 73° 10' 00" -E, 287.55' ;
Thence S 40° 37' 00" E, 268.40' ;
Thence S16° 50 ' 00" W, 235.59' ;
Thence S 33° 13 ' 55" E, 246.33' ;
Thence S 89° 18' 09" W, 720.00' ;
Thence N 73° 10' 00" W, 363.26' ;
Thence N 00° 09' 35" W, 4916.81 ' to the true point of beginning.
Said tract contains 1207.721 acres more or less.
t
cnc4g,T o4v
26. Estimated Construction Costs and Proposed Method of Financing
The estimated costs for the First Phase of the First Filing are:
Roads, Bridge, Drainage, Seeding $ 486,681
Water Distribution System 182,450
Main Entrance and Landscaping 120,000
Equestrian Center 650,000
Maintenance of County Roads 50,000
Electrical Distribution 134,728
Telephone 355,651
$ 1,979,510
These first year costs will be financed thru the development loan.
It is anticipated that a Metropolitan District will be formed for the PUD to
provide Tax Exempt Bond Financing for the Common Area and Development
Financing. This will take at least a year to complete, and all of the work
will have to be completed and the total bond proceeds disbursed within 3
years after creation of the district.
The remainder of the costs for the next three filings to be paid for thru the
Metro District, including the $2,200,000 for the County Access Road Repaving
Agreement will total an additional -$9,174,232.
Of the total cost to be expended, $2,891,000 is for Telephone and Electric
Installations. This is fully reimbursible for each customer connected within
5 years of the tine each section is installed.
If the formation of -a Metropolitan District is not successfully completed
then the remainder of the development will be financed from a combination of
the development loan and income from lot sales.
e"1( fr R"
25. Proposed Construction Schedule
Approval by County Commission at meeting of July 17 or 24, 1985.
Closing of development loan, payoff of existing mortgages and delivery of
final security agreements and collateral to Weld County by August 7, 1985.
Plat of First Filing recorded by August 9, 1985.
Start construction of Roads, Entrance and Landscaping in First Filing Aug 12,
1985. Completion (dependent on weather) by December 18, 1985.
Start installation of Water, Electric and Phone to first 67 tracts Aug 12,
1985. Completion by Nov 15, 1985.
Association Headquarters to be completed by Feb, 1986.
Equestrian Center has already been started. Buildings scheduled to start
Sept, 1985 and to be completed in Dec, 1985.
Only 50 Building Permits can be issued each year in the PUD, so installation
of Water, Phone and Electric will be scheduled so as to just stay ahead of
building requirements.
Application for approval of the Second Filing is scheduled for Jan, 1986.
Filings Three and Four will be applied for as development progresses and
houses are completed in Filings 1 and 2.
The start of construction of the Access Road Paving of Weld County Roads 39
and 32 from the Entrance to the Platteville City Limits will be started per
the agreement with the County Commissioners as soon as 100 certificates of
occupancy have been issued by Weld County for completed residences in the PUD
which we hope will be in 1997, and is to be completed within 360 days, or in
1988.
When this road paving obligation has been completed if property owners who
would want to build houses are being delayed by the 50 permit per year
limitation the developer would request the county to review the need for
continuing the limitation.
The Property Owners Club House, Tennis Courts and Swimming Pool construction
will start as soon after the recording of the Plat for Filing Two as weather
will permit.
t.
I:TROVEMEi1TS AGREEMENT ACCORDING
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
THIS AGREEMENT, made and entered into this _ day of
, by and between the County of Weld, State of Colorado, acting through
its Board of County Commissioners, hereinafter called "County", and
&Egg DRAW LAND COMPANY, LTD hereinafter
called "Applicant".
WITNESSETH:
WHEREAS, Applicant is the owner of or -has a controlling interest in the
following described property in the County of Weld, Colorado:
sec ArtAclJe) L-COAL.
THis A&REEMfwr is TO buARAuTEE THE PeZFORMAwtV of WoRIC
REgdlaED AlbER TILE ATfAcity ROAD MAINTENANCE AND /MMOVEMERT
A-6REEMEtff BEtweeN APPLICA►Jr AND - HE EOvN ( AS DefNNEP IN P/ AbRkPA S
i TNRov6-!I IS a; s,►Ip M►ZEEMenrT, Toe PteMAT9 Gorr Df '0 1/200/060
INDICATE) ToDAA' ESTIMA7Eb Can PgbJECTEb on fog THREE 4EA ,c $Y
• 6% ( flue PERIEMr) INFLATIbN fa `1EAR.
WHERE , a final subdivision plat of said property, to be known as
k g law FAK.MS AND EgQES-T& IAN CeMT'EPL., tIL we- On1E
IS
has been submitted to the County for approval; and
WHEREAS, Section 11-1 of the Weld County Subdivision Regulations provides
that no final plat shall be approved by the County until the Applicant has
submitted a Subdivision Improvement Agreement guaranteeing the construction of
the public improvements shown on plans, plats and supporting documents of the
subdivision, which improvements, along with a time schedule for completion,
are listed in Exhibits "A" and "B" of this Agreement.
NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the acceptance
and approval of said final plat, the parties hereto promise, covenant and
agree as follows:
1.0 Engineering Services: Applicant shall furnish, at its own expense, all
engineering services in connection with the design and construction of
the '--tr-hen improvements listed on Exhibit "A" which is attached
hereto and made a part hereof by this reference.
1 . 1 The required engineering services shall be performed by a
Professional Engineer and Land Surveyor registered in the State of
Colorado, and :hall contorm to the standards and criteria
established by the County for public improvements.
1.2 The required engineering services shall consist of, but not be
limited to, surveys, designs, plans and profiles, estimates,
construction supervision, and the submission of necessary documents
to the County, _
1.3 Applicant shall .furnish drawings and cost estimates for roads within
the subdivision to the County for approval prior to the letting of
any construction contract. Before acceptance of the roads within
the subdivision by the County, Applicant shall furnish one set of
reproducible "as-built" drawings and a final statement of
construction cost to the County. .
2.0
improvemen erein agreed upon, Applicant shall acquire, at its own
expense, good and suf t rights-of-way and easements on all lands and
facilities traversed by the osed improvements. All such
rights-of-way and easements used for the con ction of roads to be
accepted by the County shall be conveyed to the County an documents
3.0 Construction: Applicant shall furnish and install, at its own expense,
the subdivision improvements listed on Exhibit "A" which is attached
hereto and made a part hereof by this reference, according to the
construction schedule set out in Exhibit "B" also attached hereto and
made a part hereof by this reference.
3. 1 Said construction shall be in strict conformance to the plans and
drawings approved by the County and the specifications adopted by
the County for such public improvements. -Whono„or a cihA4„{rt.,., 4%
•
stand,rds_ it ch" tine the eubdivhiea S= prwpcced., the *_v+rema^t^
^d sranrnras of the Co--,y ch-.11 -h„ ,.ihnrn.i rn, TF both tk-
-2-
•
•
3.2 Applicant shall employ, at its own expense, a qualified testing
company previously approved by the County to perform all testing of
materials or construction that is required by the County; and shall
furnish copies of test results to the County.
3.3 At all times during said construction, the County shall have the
right to test and inspect or to require testing and inspection of
material and work at Applicant's expense. Any material or work not
conforming to the approved plans and specifications shall be removed
and replaced to the satisfaction of the County at Applicant's
expense.
3.4 The Applicant shall furnish proof that proper arrangements have been
ietta
made for the cknew
^
a of sanitary sewer or septic systems,
water, gas, electric and telephone services.
3.5 Said s^k.a.,,4-t,,., improvements shall be completed, according to the
terms of this Agreement, within the construction schedule appearing
A M
rue ft MwIeNApJ(F taw IMfgtJEY1�E 3j A&REEMENr
in .F-k-01.4.t "B". The Board of County Commissioners, at its option,
may grant an extension of the time of completion shown on Exhibit
"B" upon application by the Applicant subject to the terms of
Section 6 herein. -
4.0 Release of Liability: Applicant shall indemnify and hold harmless the
County from any and all liability loss and damage county may suffer as a
result of all suits, actions or claims of every nature and description
caused by, arising from, or on account of said design and construction of
improvements, and pay any and all judgments rendered against the County
on account of any such suit, action or claim, together with all
reasonable expenses and attorney fees incurred by County in defending
such suit, action or claim whether the liability, loss or damage is
caused by, or arises out of the negligence of county or its officers,
agents, employees or otherwise except for the liability, loss, or damage
arising from the intentional torts or the gross negligence of the county
or its employees while acting within the scope of their employment. All
contractors and other employees engaged in construction of the
improvements shall maintain adequate workman 's compensation insurance and
-3-
public li::bilit ; insurance coverage , and shall operate in strict
accordance with the laws and regulations of the State of Colorado
governing occupational safety and health.
5.0
•
with th ollowin
g procedures by the Applicant, streets within a
subdivision may be cepted by the County as a part of the County road
system and will be maintain° d repaired by the County.
5. 1 If desired by the County, portio of street improvements may -be
placed in service when completed according t e schedule shown on
Exhibit "-B", but such use and operation shall not
titute an
5.2
on lots which street improvements detailed herein have been
started but not comp ed as shown on Exhibit "B", and may continue
to issue building permits so as the progress of work on the
subdivision improvements in that phase the development is
satisfactory to the County; and all terms of this ement have
5. 3 Upon completion of the construction of streets within a subdivision
and the filing of a Statement of Substantial Compliance, the
applicant(s) may request in writing that the County Engineer inspect
its streets and recommend that the Board of County Commissioners
accept them for partial maintenance by the County. -Partial
maintenance consists of all maintenance except for actual repair of
streets, curbs and gutters, and related street improvements.
Not sooner than nine months after acceptance for partial maintenance
of streets, the County Engineer shall, upon request by the
applicant, inspect the subject streets, and notify the applicant(s)
of any deficiencies. The County Engineer shall re-inspect the
streets after notification -from the applicant(s) that any
deficiencies have been corrected. If the County Engineer finds that
the streets are constructed according to County standards, he shall
recommend acceptance of streets for full maintenance. Upon a
receipt of a positive unqualified recommendation from the County
Engineer _for acceptance of streets within the development , the Board
of County Commissioners shall .accept said streets as public
facilities and County property, and shall be responsible for the
full maintenance of said streets including repair.
6.0 General °.enuircrents for C„il,iteral:
6, 1 The value of mil collateral submitted to Weld County must he
equivalent to I00;: of the value of the improvements as shown in this
Agreement. Prior to Final Plat approval, the applicant shall
O . A toMalwATIDy Of Moicv THAW OOP THAT
indicate which of the five types of collateralihe prefers to be
utilized to secure the improvements subject to final approval by the
Board of County Commissioners and the execution of this Agreement.
Acceptable collateral shall be submitted and the plat recorded
within six months of the Final Plat approval. If acceptable
collateral has not been submitted within six months then the Final
Plat approval and all preliminary approvals shall automatically
expire. An applicant may request that the County extend the Final
Plat approval provided the cost estimates are updated and the
development plans are revised to comply with all current County
standards, policies and regulations. The improvements shall be
completed within one year after the Final Plat approval (not one
year after acceptable collateral is submitted) unless the
applicant (s) requests that this Agreement be renewed at least thirty
(30) days prior to its expiration and further provides that cost
estimates for the remaining improvements are updated and collateral
is provided in the amount of 100% of the value of the improvements
remaining to be completed. If improvements are not completed and
the agreement not renewed within these time frames, the County, at
its discretion, may make demand on all or a portion of the
collateral and take steps to see that the improvements are made.
6.2 The applicant may choose to provide for a phased development by
means of designating portions of a Planned Unit Development,
Subdivision, or Change of Zone, that the applicant wishes to
develop. The applicant would need only to provide collateral for
[he improvements in each portion of said Planned Unit Development,
Subdivision, or Change of Zone as he proposes to develop them; the
County will place restrictions on those portions of the Planned Unit
Development, Subdivision , or Change of Zone, which are not covered
by collateral which will prohibit the conveyance of the property or
the issuance of building permits on said portions until collateral
is provided for those portions or until improvements are in place
and approved pursuant co the requirements for a Request for Release
of Lollatera l,
-5-
' . 3 Applicant intenus to develop in phase(s) in accordance
with Exhibits "A" .end "B",
7.0 Improvements Guarantee : The five types of collateral listed below are
acceptable to held County subject to final approval by the Board of
County Commissioners.
7. 1 An irrevocable Letter of Credit from a Federal or State licensed
54.JII 6v4tigree financial institution on a form approved by Weld County. The letter
of credit shall state at least the following;
The Letter of Credit shall be in an amount equivalent of 100%
of the total value of the improvements as set forth in
Section 6.0 and exhibits "A" and "B".
The Letter of Credit shall provide for payment upon demand to
Weld County if the developer has not performed the obligations
specified in the Improvements Agreement and the issuer has been
notified of such default.
- The applicant may draw from the Letter of Credit in accordance
with the provisions of this policy.
- The issuer of the Letter of Credit shall guarantee that at all
•
times the unreleased portion of the Letter of Credit shall be
equal to a minimum of 100% of the estimated costs of completing
the uncompleted portions of the required improvements, based on
inspections of the development by the issuer. In no case shall
disbursement for a general improvement item exceed the cost
estimate in the Improvements Agreement (i.e. , streets, sewers,
water mains and landscaping, etc. ) . The issuer of the Letter
of Credit will sign the Improvements Agreement acknowledging
the agreement and its cost estimates.
- The Letter of Credit shall specify that 15% of the total Letter
of Credit amount cannot be drawn upon and will remain available
to Weld County until released by Weld County.
- The Letter of Credit shall specify that the date of proposed
expiration of the Letter of Credit shall be either the date of
release by Weld County of the final 15%, or one year from the
date of Final Plat approval, whichever occurs first. Said
letter shall stipulate that , in any event , the Letter of Credit
shall remain in full force and effect until after the Board has
received sixty f--
(60)
-6-
days %.rttten notice .rom the issuer of the letter of Credit of
the pending ' xpiration. Said notice shall be sent by certified
mail to the Clerk to the Board of County Commissioners.
7.2 Trust Deed upon all or some of the proposed development or other
property acceptable to the Board of County Commissioners provided
that the following are submitted:
In the event property within the proposed development is used
as collateral, an appraisal is required of the property in the
proposed development by a disinterested M.A. I. member of the
American Institute of Real Estate Appraisers indicating that
the value of the property encumbered in its current degree of
development is sufficient to cover 1007. of the cost of the
improvements as set forth in the Improvements Agreement plus
all costs of sale of the property.
In the event property other than the property to be developed
has teen accepted as collateral by Weld County, then an
appraisal is required of the property by a M.A.I. member of the
Institute of Real Estate Appraisers indicating that the value
of the property encumbered in its current state of development
is sufficient to cover 100% of the cost of the improvements as
set forth in the Improvements Agreement plus all costs of sale
of the property.
- A title insurance policy insuring that the Trust Deed creates a
valid encumbrance which is senior to all other liens and
encumbrances.
- A building permit hold shall be placed on the encumbered
property.
7.3 Escrow Agreement that provides at least the following:
- The cash in escrow is at least equal to 100% of the amount
specified in the Improvements Agreement.
- The escrow agent guarantees that the escrowed funds will be
used for improvements as specified in the agreement and for no
other purpose and will not release any portion of such funds
without prior approval of the Board.
The escrow agent will be a Federal or State licensed bank or
financial institution.
—7—
—
LL tau .cunt': of l:etd County determines there is a default of
the ..:.oro'cc:ents Agreement , the escrow agent , upon request by
the County, shall release any remaining escrowed funds to the
County.
7.4 A surety bond given by a corporate surety authozized to do business
in the State of Colorado in an amount equivalent to 1002 of the
value of the improvements as specified in the Improvements
Agreement.
7.5 A cash deposit made with the County equivalent to 100% of the value
of the improvements.
8.0 - Request for Release of Collateral: Prior to release of collateral for
the entire project or for a portion of the project by Weld County, the
Applicant must _present a Statement of Substantial Compliance from an
Engineer registered in Colorado that the project or a portion of the
project has been completed in substantial compliance with approved plans
and specifications documenting the following;
8. 1 The Engineer or his representative has made regular on-site
inspections during the course of construction and the construction
plans utilized are the same as those approved by Weld County.
8.2 Test results must be submitted for all phases of this project as per
Colorado Department of Highway Schedule for minimum materials
sampling, testing and inspections found in CDOH Materials Manual.
8.3 "As built" plans shall be submitted at the time the letter
requesting release of collateral is submitted. The Engineer shall
certify that the project "as built" is in substantial compliance
with the plans and specifications as approved or that any material
deviations have received prior approval from the County Engineer.
8.4 The Statements of Substantial Compliance must be accompanied, if
appropriate, by a letter of acceptance of maintenance and
responsibility by the appropriate utility company, special district
or town for any utilities.
8.5 A letter must be submitted from the appropriate Fire Authority
indicating the fire hydrants are in place in accordance with the
approved plans. The letter shall indicate if the fire hydrants are
operational and state the results of fire flow tests.
8.6 The requirements in 8.0 thru 8.5 shall be noted on the final
construction plans.
-8-
'ollc'^tog rho sunmitt;a of the Statement or Substantial C emplianca
and recommendation eL acceptance of the streets for partial
maintenance by she County, the applicant (s) may request release of
the collateral for the project or portion of the project by the
Board. This action will be taken at a regularly scheduled public
meeting of the Board.
8.8 The request for release of collateral shall be accompanied by
"Warranty Collateral" in the amount of 10% of the value of the
improvements as shown in this Agreement excluding improvements fully
accepted for maintenance by the responsible governmental entity,
special district or utility company.
8. 9 The warranty collateral shall be released to the applicant upon
final acceptance by the Board of County Commissioners for full
maintenance under Section 5.3 herein.
9.0
pur ant to a rezoning, subdivision or planned unit development , requires
the de cation, development and/or reservation of areas or sites other
-than subdi lion streets and utility easements of a character, extent and
location suita e for public use for parks, greenbelts or schools, said
actions shall to secured in accordance with one of the following
alternatives, or as s cified in the PUD plan, if any:
9. 1 The required acrea as may be determined according to Section
8-15-B of the Weld Coun Subdivision Regulations shall be dedicated
to the County or the appr riate school district, for one of the
above purposes. Any area so dedicated shall be approved by the
County or school district, and sh 1 be maintained by the County or
school district.
9.2 The required acreage as determined acco ing to Section 8-15-B of
the Weld County Subdivision Regulations may b reserved through deed
restrictions as open area, the maintenance o which shall be a
specific obligation in the deed of each lot within t e subdivision.
9.3 In lieu of land, the County may require a payment to t e County in
an amount equal to the market value at the time of f al plat
submission of the required acreage as determined accordi to
—9-
i rd�.,.. .,nd the :.pplic�,.t . TI,,.
� ,. . , 1
10.D Successor; and Assigns: This Agreement shall be binding upon the heirs,
executors, personal representatives, successors and assigns of the
Applicant, and upon recording by the County, shall be deemed a covenant
running with the land herein described, and shall he binding upon the
successors in ownership of said land.
IN WIT::ESS Vi1EREOF, the parties hereto have caused this Agreement to be
executed on the day and year first above written.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
Weld County Clerk and Recorder
and Clerk to the Board
BY:
Deputy County Clerk
APPROVED AS TO FORM:
County Attorney
APPLICANT:
BY:
(title)
Subscribed and sworn to before me this day of 19
My commission expires:•
Notary Public
—10—
EiIIIDIT "A" 2IIASE i
Name of uLdivisicn:
Filing:
Location:
Intending to be legally bound, the undersigned Applicant hereby agrees to
provide throughout this subdivision and as shown on the subdivision final plat
dated , 19 , recorded
on 19
in Book , Page No. . . , Reception No.
the following
improvements.
(Leave spaces blank where they -do not apply; )
Estimated
Improvements
-- ----- Unit Cost Construction Cost
Street eradine
Street base
Street paving
Curbs, gutters, and culverts
Sidewalks
Storm Sewer facilities
Retention ponds
Ditch improvements
Sub-surface drainage
Sanitary sewers •
Trunk and 'arced lines
Mains
Laterals (house corn)
On-site Sewage facilities
On-site Water supply ana storage
Water mains
Fire hydrants
Survey & street monuments & boxes
Street lighting
Street name signs
Fencing repuiremer.[s• -
Landscaping
Park improvements
SUE-TOTAL
Engineering and Supervision Costs
(testing, inspection, as-built plans and work in addition to preliminary
and final plat; supervision of actual construction by contractors)
TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $
The above improvements shall be constructed in accordance with all County
requirements and specifications, and conformance with this provision shall be
determined solely by Weld County, or its duly authorized agent.
Said improvements shall be completed according to the construction schedule
set out in Exhibit "B".
Signature of Applicant
(If corporation , to be signed by President and attested to by Secretary,
together with corporate seal.)
Date: , 19
—11—
xii IniT "6" PHASE i
Name •
Filing:
Location:
Intending to be legally bound, the undersigned Applicant hereby agrees to
construct the improvements shown on the final subdivision plat of
Subdivision,
dated - , 19 , Recorded on
19
in nook , Page No. - , Reception No. , the following
schedule.
All improvements shall be completed within years from the date of
approval of the final plat.
Construction of the improvements listed in Exhibit "A" shall be completed
as follows:
(Leave spaces blank where they do not apply. )
Improvements Time for Completion
Street grading
Street base
Scr_et paving
Curbs, .;utters , anc culverts
Sidewaiks
Storm Sewer facilities
Retention ponds
Ditch improvements
Sub-surface drainage
Sanitary sewers
Trunk an❑ forced lines
Mains
Laterals (house conn)
On-site Sewage facilities
On-site Uacer supply and storage
Water mains
Fire hydrants
Survey 5 street monuments 5 boxes
Street lighting
Street name signs
Fencing requirements
Landscaping
Park improvements
SUB-TOTAL
• The County, at its option, and upon the request by the Applicant, may grant
an extension of time for completion for any particular improvements shown
above, upon a showing by the Applicant that the above schedule cannot be met.
Signature of Applicant
(If corporation , to be signed by President and attested to by Secretary,
together with corporate seal. )
Date: , 19
-12-
AR20D8617
B 1068 REC 02008617 05/07/85 10: 11 $39. 00 1/013 •
F 0545 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
CANAL RIGHT OF WAY AGREEMENT
THIS CANAL RIGHT OF WAY AGREEMENT dated this 7-3,19 day of
M41 , 1985 , is between THE FARMERS RESERVOIR AND
IRRIGATION COMPANY, a Colorado corporation, "FRICO," BEEBE DRAW
CATTLE CO. , a Colorado limited partnership, "CATTLE CO. ," and
BEEBE DRAW LAND COMPANY, LTD. , a Colorado limited partnership,
"LAND CO."
Recitals
A. FRICO is the record owner of that certain reservoir and
the site therefor known as Milton Lake which is situated on the
following described land in the County of Weld , State of Colorado ,
to-wit :
Part of Sections 10, 11 , 14, 15 , 16 , 22 , and
23, Township 3 North , Range 65 West of the 6th
P.M.
and owns an inlet canal by which Milton Lake is filled, which
canal is commonly known as the P1-atte Valley Canal and is
hereinafter called the "Canal" .
B. CATTLE CO. owns legal title to all of the real property
described in Exhibit "A" which is attached hereto and incorporated
herein.
C. LAND CO. , by virtue of a Contract for Deed recorded
April 22 , 1983 , in Book 994 as _Reception No . 1924453, Weld County
B 1068 . .C 02008617 05/07/85 10: $39. 00 2/013
F 0546 MARY ANN TEUERSTEIN CLERK & RECORDER WELDCO, CO
Records has contracted to purchase from CATTLE CO. the lands
described in Exhibit "A" . LAND CO. has applied to Weld County,
Colorado, for PUD zoning for an equestrian center and residential
development on the lands described in Exhibit "B" attached hereto
and incorporated herein, which lands described in Exhibit "B" are
a portion of the lands described in Exhibit "A" .
D. The right of way for the Canal crosses lands owned by
LAND CO. and CATTLE CO. by virtue of prior agreements between
FRICO and predecessors in title to LAND CO. and CATTLE CO. and
perhaps by prescriptive use .
E. CATTLE CO. is making an application to the Board of
County Commissioners of Weld County, Colorado, to rezone the
property described in Exhibit "B" from agricultural to a PUD, as a
result of which the parties desire to formalize certain agreements
with respect to the location of the Canal right of way.
NOW, THEREFORE, in consideration of the premises and the
mutual covenants and agreements herein contained , the parties
hereto agree as follows :
1. Survey and Grant of New Rights of Way.
A. The present location of the Canal right of way as it
crosses the lands described in Exhibit "B" has been surveyed at
the cost and expense of LAND CO. and which description is attached
hereto as Exhibit "C" . LAND CO. will , by grant to be approved in
- 2 -
B 1068 RE 32008617 05/07/85 10 : 11 $39. 00 3/013
F 0547 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
advance by FRICO, reaffirm and convey to FRICO a right of way for
the present location of the Canal , which right of way will be 130
feet in width , 60 feet on the west side of the center line and 70
feet on the east side of the center line of the Canal . Such right
of way shall reaffirm to FRICO all of its existing rights to use
and enjoy the right of way for purposes of transporting irrigation
water and maintaining the Canal . To the extent that the present
Canal location, as surveyed , varies from the described location of
the Canal in previous instruments or documents FRICO will
relinquish and quit claim to LAND CO. and CATTLE CO. all easements
and rights of way on Exhibit "B" except for the new surveyed right
of way.
B. Land Conveyance. LAND CO. and CATTLE CO. own legal
title to approximately 36 acres of land which lies south of the
canal easement (Exhibit "C") and north of the north boundary of
Milton Lake as established in the Jepson Order of Taking. This
parcel of land (described in Exhibit "D," which is attached and
incorporated herein) contains all of the land lying below the
elevation of Milton Lake gauge rod 39. 5. LAND CO. and CATTLE CO.
shall convey said parcel to FRICO. Such conveyance shall be by
quit claim deed and shall reserve unto grantors all oil , gas and
other minerals in and under said parcel . 1
- 3 -
B 1058 REC 020, 617 05/07/85 10:11 $. . 00 4/013
F 0548 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
2. Use and Maintenance of Canal and Deeded Parcel .
A. FRICO shall have the exclusive right to use the
Canal for the transportation of irrigation waters over and across
the present location of the Canal subject to its obligation to
preserve and maintain the right of way in a manner consistent with
good ditch maintenance practices . The right of way shall be
maintained in its present location as surveyed .
B. If any of the property described in Exhibit "B" is
platted and developed for residential use adjacent to the Canal ,
LAND CO. shall cause a deed restriction or protective covenant to
be recorded in the records of Weld County, Colorado , prohibiting
the construction of -improvements within 50 feet of the outer
boundaries o₹ the right of way and the parcel described in Exhibit
"D" (except for the construction of any fences as provided in
paragraph 2. D. hereof) without the written consent of FRICO being
first obtained .
C. LAND CO. shall cause development in the PUD to be
designed to prevent any surface runoff waters from flowing into
the Canal or Milton Reservoir from the developed area of the PUD.
D. LAND CO. shall have the right to construct any
fences along the outer boundary of the right of way but any fences
so constructed shall be done at the expense of LAND CO. and shall
be maintained by LAND CO.
- 4 -
B 1068 RE J2008617 05/07/85 10: 11 $39. 00 6/013
F 0550 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
Canal shown on Exhibits "C" and "D" , notwithstanding LAND CO. ' s
right and obligation to provide for the maintenance of that
portion of the Canal set forth in this Agreement .
F. FRICO agrees that LAND CO. shall be allowed to
construct a crossing of the Canal or deeded parcel (Exhibit "D")
provided that the plans and specifications for the crossing shall
have been first submitted to and approved by FRICO' s engineers .
Such crossing shall be constructed at the sole cost and expense of
LAND CO. and LAND CO. hereby assumes the responsibility for any
maintenance to the ditch which is required by the existence of the
crossing structure . Prior to commencement of construction of the
crossing LAND CO. shall enter into a crossing agreement with FRICO
pursuant to the terms of FRICO' s standard crossing agreement .
C. FRICO hereby grants LAND CO. the right to clean and
maintain the boundaries of Lake Christina which is used by FRICO
for ditch flow control purposes and which borders the Evans No. 2
Ditch. Although LAND CO. shall not be obligated to maintain the
boundaries of Lake Christina, it shall have the right to do so
from time to time for the purpose of improving the visual
esthetics of the Lake .
At such time as FRICO shall desire the remove weeds
or debris from Lake Christina , FRICO will provide LAND CO. such t
notice as is reasonably available (generally 24 hours) and LAND
- 6 -
B 1068 02008617 05/07/85 10 : a._
$39. 00 7/013
F 0551 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
CO. may provide trucks or other equipment to remove such debris
from the premises as LAND CO. desires . FRICO shall cooperate with
LAND CO. with respect to placing the weeds and debris in LAND CO.
trucks as shall assist LAND CO. in it-s desire to maintain the
aesthetics of LAND CO. property.
3. The provisions of this agreement shall be binding upon
and inure to the benefit of the parties hereto , their successors
and assigns .
EXECUTED as of the day and year first above written.
THE FARMERS RESERVOIR AND
IRRIGATION COMPANY
ci-
' �,�t‘R i lF,p/ ire _1didj
` TT�"SrTs � '� Its resi. ent
s erc: `•.n ..
Viet* Secilets3y
.1Qt�R� BE r DRAW D COMANY, LTD.
a _ rado Li ited Partnership
By: '►1'L
BEEB6 DRAW CA TLE CO.
I a rado It ited Partnership
By: MI !�i?�, c
- 7 -
B 1068 REC 02008617 05/07/85 10 : 11 $39. 00 8/013
F 0552 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
EXHIBIT A
Covering the Land in the State of Colorado, County of WELD
Described as:
In Township 4 North , Range 65 West of the 6th P. M.
Section 33 : The E' of the E' of the SWq and the SEn
Section 34 : The SWa,
EXCEPT land described in Deed in Book 1081 at
Page 380 of Weld County Records.
In Township 3 North, Range 65 West of the 6th P.M.
Section 2 : The SE; ,
EXCEPT that part lying West of the Gilmore Canal.
Section 3: The N1 of the NW;, the S1 of the NW;, and the S1
EXCEPT parcel conveyed to School District No.
Ninety Nine by Quit Claim Deed recorded November 6 ,
1911 in Book 34-6 at Page 310.
Section 4 : All.
Section 5 : The NEa of the NE;, the S; of the N1 , and the S1.
Section 8: All.
Section 9 : All.
Section 10 : The W; of NWa , the SE; of NWa, the SWa of NEq ,
the E' of the NE< , the NW; of the NE;, and the
NEa of the NW; of Section 10 , Township 3 North,
Range 65 West of the 6th P.M. ,
EXCEPT those parcels described in Decree and Declarati
of Taking, in Case No. 2336 , The Farmers Reservoir and
Irrigation Company, a Corporation -vs- Charles D. Howa
and Alvin L. Jessup, recorded May 31, 1910 in Book 327
at Page 436 under Reception No. 156016 ,
Also that part of the SW1/4 of said Section 10 lying Wes
of the Milton Lake Reservoir.
EXCEPTING THEREFROM any portion lying Easterly of the
present and the past high water line of Milton Lake
Reservoir.
Section 11 : The N1
EXCEPTING that part conveyed to The Farmers Reservoir
and Irrigation Company by Deed recorded April 4 , 1910
in Book 327 at Page 190 under Reception No. 153837.
The NE; of the SE; , the E1/2 of the SE; of the SE;.
Section 15 : That part lying West of the Milton Lake Reservoir
EXCEPTING THEREFROM any portion lying Easterly of the
present and the past high water line of Milton Lake
Reservoir.
Section 17 : All.
Section 16 : All .
B 106° REC 02008617 05/07/85 1n : 11 $39. 00 D/013
F 05, MARY ANN FEUERSTEIN CLER. , RECORDER WELD CO, CO
LEGAL DESCRIPTION EXHIBIT B
Section 3, Township 3 North, Range 65 West of the 6th P.M.
A part of the South Half (S1/2) of the Northwest Quarter (NW1/4) and the South
Half (S1/2) except for parcel conveyed to School District No. Ninety Nine by
quit claim recorded November 6, 1911 in Book 346 at Page 310.
Section 4, Township 3 North, Range 65 West of the 6th P.M.
All of Section 4, except that portion of the Northeast Quarter (NE1/4) lying
east of the Platte Valley Canal .
Section 5, Township 3 North, Range 65 West of the 6th P.M.
The Northeast Quarter of the Northeast Quarter (NE1/4, NE 1/4) the South Half
of the North Half (S1/2, N1/2) and the South Half (S1/2) .
Section 8, Township 3 North, Range 65 West of the 6th P.M.
All .
Section 9, Township 3 North, Range 65 West of the 6th P.M.
All .
Section 10, Township 3 North, Range 65 West of the 6th P.M.
The West Half of the Northwest Quarter (W1/2, NW1/4) the Southeast Quarter
of the Northwest Quarter (SE1/4, NW1/4) the Southwest Quarter of the Northeast
Quarter (SW 1/4, NE 1/4) , the East Half of the Northeast Quarter (E1/2, NE1/4)
the Northwest Quarter of the Northeast Quarter (NW 1/4, NE 1/4) and the
Northeast Quarter of the Northwest Quarter (NE 1/4, NW 1/4) except those
parcels described in decree and declaration of taking, in Case No. 2336, the
Farmers Reservoir and Irrigation Company, A Corporation vs. Charles D.
Howard and Alvin Jessup, recorded May 31 , 1910 in Book 327 at Page 436 under
Reception No. 156016.
Also that part of the Southwest Quarter of Section 10 lying west of Milton
Reservoir.
Section 16, Township 3 North, Range 65 West of the 6th P.M.
All .
Section 17, Township 3 North, Range 65 West of the 6th P.M.
All .
CANAL RIGHT OF WAY AGREEMENT
PLATTE VALLEY IRRIGATION CO. - BEEBE DRAW LAND COMPANY, ETAL
This agreement made and entered into by and between
The Platte Valley Irrigation Company, a Colorado corporation,
hereinafter referred to as "PVIC" ; Beebe Draw Land Company, Ltd. ,
hereinafter referred to as "LAND CO. " , a Colorado limited
partnership, and Beebe Draw Cattle Compa;ny, hereinafter referred
to as "CATTLE CO. " , a Colorado limited partnership.
RECITALS
A. CATTLE CO. owns legal title to all of the real
property described in Exhibit "A" , which is attached hereto and
incorporated herein.
B. LAND CO. , by virtue of a Contract for Deed recorded
April 22, 1983, in Book 994 as Reception No. 1924453, Weld County
Records , has contracted to purchase from CATTLE CO. the lands
described in Exhibit "A".
C. LAND CO. has made an application to the Board of
County Commissioners for a Planned Unit Development zoning (PUD)
for the portion of the lands described in Exhibit "A" . Exhibit
"B" , which is attached hereto and incorporated herein, contains the
legal description of the proposed PUD.
D. PVIC has an easement for the operation of its
irrigation ditch, Evans No. 2 , over and across a portion of the
lands described in Exhibit "B". The said easement exists upon
the land, but has not been described by survey.
E. LAND CO. finds that it must define the extent of
PVIC easement in connection with the subdivision and platting
requirements by the County of Weld, in connection with LAND CO. ' s
application for PUD zoning.
F. LAND CO. is the equitable owner of 7 1/3 shares of
the capital stock of PVIC by reason of the contract for purchase
recorded under Reception No. 1924453, Weld County Records , and it
is entitled to its share of water from PVIC.
G. LAND CO. is the last user of water from the works of
PVIC ' s Evans No. 2 canal and the delivery of water to LAND CO. is
subject to much fluctuation in the amount of and in the time of
delivery.
H. The parties to this agreement desire to:
1) fix the location of Evans No. 2 ditch by survey;
2) establish by agreement the width of the easement;
3) affirm the responsibilities of each of the parties
as to continued maintenance;
4) define the right of LAND CO. and CATTLE CO. for
water divisions from Evans No. 2;
5) grant LAND CO. and CATTLE CO. the limited right to
hold water within the confines of the ditch which
will enable LAND CO. and CATTLE CO. to equalize
flow in the ditch; and
6) grant LAND CO. the right to construct crossings of
Evans No. 2 in Section 3, Township 3 North, Range
65 West, and establish conditions and restrictions
for the use of the such crossings.
NOW, THEREFORE, in consideration of the premises and
the mutual covenants and agreements herein contained, the parties
agree as follows:
1) LAND CO. and CATTLE CO. have caused the present right of
way easement belonging to PVIC across Sections 3, 4 , 10, and 11,
Township 3 North, Range 65 West of the 6th P.M. to be surveyed and they
shall give, grant, reaffirm, and convey to PVIC an easement and right
of way for the construction, operation, and maintenance of Evans No. 2
ditch in accordance with the description thereof contained in Exhibit
"C" which is hereby made a part hereof. The said grant shall reaffirm
to PVIC all of its existing rights to use and enjoy said easement
for the purpose of transporting irrigation water and maintaining the
canal to the extent that the present canal location, as surveyed, varies
from the described location of the canal in previous instruments or
documents PVIC will relinquish, and quit claim to LAND CO. and '
CATTLE CO. all easement rights of way through said Sections 3 , 4 , 10, an
11, except for the right of way described in Exhibit "C" .
2) LAND CO. and CATTLE CO. hereby agree that no building or
improvements, except crossings for which provision is herein made, will
be placed, constructed or permitted to remain within fifty feet of the
easement described in Exhibit "C" . LAND CO. and CATTLE CO. agree to
prepare an instrument which will constitute a valid restriction upon
the use of the said fifty foot area on all land contiguous to the
easement described in Exhibit "C" . The said instrument shall provide
that PVIC may enforce restriction. A copy of the text of said covenant
shall be furnished PVIC for it' s approval. The covenant-shall then be
recorded and a copy of the recorded instrument shall be furnished to
PVIC.
3) LAND CO. may construct, and if constructed, shall
maintain such crossings of Evans No. 2 ditch, within the area of the r
PUD zone as it may require, except that all crossings of the
ditch shall be by approval of the PVIC Board of Directors in advance
of the time such crossings are established. All bridge crossings
shall be constructed so that they will not restrict water flow or
collect trash and weeds .
Any structure which does restrict flow of water or
collects trash and weeds , shall contitute a nuisance and shall be
removed by LAND CO. OR CATTLE CO. upon demand.
-2-
Ford crossing shall be carefully maintained by
LAND CO. and CATTLE CO. and shall not be permitted to restrict
flow of water below the ford or delivery of water to a downstream
user.
4) LAND CO. and CATTLE CO. hereby agree to indemnify
and save PVIC harmless and from any and all claims or causes
of action arising out of the construction, use and maintenance
of all crossings over Evans No. 2 ditch on the property of
LAND CO. and CATTLE CO. Such indemnity shall include all
costs, fees, and expenses incurred from all sources in the
defense of such claims and causes of action.
5) PVIC shall maintain and operate the Evans No. 2
ditch in its present location, which is within the confines
of the easement described in Exhibit "C" . It shall always
have the right to go on the easement to deepen the ditch,
construct banks, inspect the area, and remove any structure
in or under easement which, in the opinion of PVIC interferes
with the maintenance or operation of the ditch.
6) PVIC grants to LAND CO. and CATTLE CO. a license to
hold water within the confines of the existing ditch. Such license
hereby granted shall never ripen into a right. LAND CO. and CATTLE_CO.
agree that they will not place any structure in the ditch to be
used to hold back water in the ditch without the approval of the
Board of Directors of PVIC and that they will remove any such
structures upon demand by PVIC. Should _LAND CO. and CATTLE CO.
fail, neglect or refuse to remove such structure, then PVIC may
remove the structure at the expense of LAND CO. and CATTLE CO. or
either of them as their successor in interest.
7) LAND CO. shall have the right to construct any
fences along the outer boundary of the right of way but any
fences so constructed shall be done at the expense of LAND CO.
and shall be maintained by LAND CO.
8) At times when water from Northern Colorado
Water Conservancy District is being delivered through PVIC
system, LAND CO. agrees that it will not use any of the
water delivered through PVIC system outside or beyond the
boundaries of the Northern Colorado Water Conservancy District.
9) LAND CO. is given a license to use the Evans
No. 2 Canal described in Exhibit "C" to transport water
acquired by it from underground sources. Such use shall be
without inconvenience or expense to PVIC. If PVIC incurs a
cost or expense, LAND CO. agrees to reminburse PVIC. Such
sue may be terminated by PVIC without cause.
-3-
This agreement is binding upon and inures to the benefit
of the personal representatives, successors, and assigns of the
-parties hereto.
In witness whereof the parties hereto have hereunto set
their hands and seal this y day of October, 1984.
ATTEST PLATTE VALLEY IRRIGATION CO.
By: -r �i" i ✓ sLz G - 7� By: I /7/
Secretary esi ent
BEEBE D W L COMPANY, _LTD. BEEBE D W TTLE CO.
•
By: By:
neral Partner General Partner
STATE OF COLORADO )
) ss
COUNTY OF WELD
The foregoing instrument was acknowledged before me by
Myron Martinson as President and Rodger I . Houtchens as Secretary
of the Platte Valley Irrigation Company, a corporation, this 9th
day of October, 1984.
My commission expires :October 1. 1985
WITNESS my hand and official seal.
Notary ublic
c
STATE OF COLORADO )
) ss
COUNTY OF WELD
The foregoing instrument was acknowledged before me by
Morris Burk , General Partner of Beebe Draw Land
Company, Ltd. , a Limited Partnership, this 31st day of October,
1984 .
My commission expires: October 1 , 1985
WITNESS my hand and official seal.
No-talc Public
STATE OF COLORADO )
) ss
COUNTY OF WELD
The foregoing instrument was acknowledged before me by
Morris Burk , General Partner of Beebe Draw Cattle
Co. , a Linited Partnership, this 31st day of October, 1984 .
My commission expires: October 1, 1985
WITNESS my hand and official seal.
2-0
Notar Publlic
r
EXHIBIT A
Covering the Land in the State of Colorado, County of WELD
Described as:
In Township 4 North , Range 65 West of the 6th P. M.
Section 33 : The E' of the Ell of the SW; and the SE;
Section 34 : The SWa ,
EXCEPT land described in Deed in Book 1081 at
Page 380 of Weld County Records.
In Township 3 North, Range 65 West of the 6th P.M.
Section 2 : The SE-0 ,
EXCEPT that part lying West of the Gilmore Canal.
Section 3: The N1/2 of the NWn, the S1 of the NW;, and the 51
EXCEPT parcel conveyed to School District No.
Ninety Nine by Quit Claim Deed recorded November 6 ,
1911 in Book 346 at Page 310.
Section 4 : _all .
Section 5 : The NEa of the NE;, the S; of the N;, and the S1.
Section 8 : All.
Section 9 : All.
Section 10 : The W1 of NWT , the SE; of NWn, the SWa of NE:,
the E; of the NE; , the NW; of the NE;, and the
• NEa of the NWa of Section 10 , Township 3 North,
Range 65 West of the 6th P.M. ,
EXCEPT those parcels described in Decree and Declarati
of Taking, in Case No. 2336 , The Farmers Reservoir and
Irrigation Company, a Corporation -vs- Charles D. Howe
and Alvin L. Jessup, recorded May 31, 1910 in Book 327
at Page 436 under Reception No. 156016 ,
Also that part of the SWa of said Section 10 lying Wes
of the Milton Lake Reservoir.
EXCEPTING THEREFROM any portion lying Easterly of the
present and the past high water line of Milton Lake
Reservoir.
Section 11 : The Nj
EXCEPTING that part conveyed to The Farmers Reservoir
and Irrigation Company by Deed recorded April 4 , 1910
in Book 327 at Page 19D under Reception No. 153837.
The NEq of the SEa, the E' of the SE: of the SE; .
Section 15 : That part lying West of the Milton Lake Reservoir
EXCEPTING THEREFROM any portion lying _Easterly of the
present and the past high water line of Milton Lake
Reservoir.
Section 17 : All.
Section 16 : All .
LEGAL DESCRIPTION EXHIBIT B
Section 3, Township 3 North, Range 65 West of the 6th P.M.
A part of the South Half (S1/2) of the Northwest Quarter (NW1/4) and the South
Half (S1/2) except for parcel conveyed to School District No. Ninety Nine by
quit claim recorded November 6, 1911 in Book 346 at Page 310.
Section 4 , Township 3 North, Range 65 West of the 6th P.M.
All of Section 4, except that portion of the Northeast Quarter (NE1/4) lying
east of the Platte Valley Canal .
Section 5, Township 3 North, Range 65 West of the 6th P.M. ,
The Northeast Quarter of the Northeast Quarter (NE1/4, NE 1/4) the South Half
of the North Half (51/2, N1/2) and the South Half (S1/2) .
Section 8, Township 3 North, Range 65 West of the 6th P.M.
All .
Section 9, Township 3 North, Range 65 West of the 6th P.M.
All .
Section 10, Township 3 North, Range 65 West of the 6th P.M.
The West Half of the Northwest Quarter (W1/2, NWl/4) the Southeast Quarter
of the Northwest Quarter (SE1/4, NW1/4) the Southwest Quarter of the Northeast
Quarter (SW 1/4, NE 1/4) , the East Half of the Northeast Quarter (E1/2, NE1/4)
the Northwest Quarter of the Northeast Quarter (NW 1/4, NE 1/4) and the
Northeast Quarter of the Northwest Quarter (NE 1/4, NW 1/4) except those
parcels described in decree and declaration of taking, in Case No. 2336 , the
Farmers Reservoir and Irrigation Company, A Corporation vs. Charles D.
Howard and Alvin Jessup, recorded May 31 , 1910 in Book 327 at Page 436 under
Reception No. 156016.
Also that part of the Southwest Quarter of Section 10 lying west of Milton
Reservoir.
Section 16 , Township 3 North, Range 65 West of the 6th P.M.
All .
Section 17, Township 3 North, Range 65 West of the 6th P.M.
All .
EVANS NO. 2 DI TCr
LEGAL DESCRIPTION EXHIBIT C
A STRIP OF INO LOCATED IN SECTIONS 4, 3, 10 AND II TOWNSHIP 3 NORTH, RAGE 65 WEST OF THE SIXTH PRINCIPAL
HERIDI µ,WELD C(UNTY, COLORADO, FOR TIE PURPOSE OF CN5TRUCTHG, OPERATING, 600 MAINTAINING µ IRRIGATICI
CANAL. SAID STRIP LYING 55.60 FEET ON EACH SIDE OF THE CENTERLINE CF TIE EVANS NO. 2 DITCH, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER (NE COR.) OF SAID SECTION 4 ANO CONSIDERING THE NORTH LINE Cr SAID SECTION 4
TO BEAR NORTH 89'37'41"-WEST WITH ALL BEARINGS HEREIN RELATIVE THERETO:
THENCE NORTH 89'37'41" WEST, 1015.49 FEET TO INTERSECTION OF THE NORTH LINE OF SAID SECTION 4 AND THE CENTERLINE
OF EVANS N3. 2 DITCH, ALSO BEING THE TRUE POINT OF BEGINNING;
THENCE ALONG THE CENTERLINE OF EVANS NO. 2 DITCH BY TIE FOLLOWING 95 COURSES:
1 - 5 38°24'16" E, 17.59'; 51 - 5 79°47'36" E, 280.54';2 - S 33°38'13" E, 126.33'; 52 - 234.40 FEET ALONG ARC OF A CURVE•TO THE
3 - S 16°21'25" E, 63.49'; HAVING A CENTRAL ANGLE OF 35°03'44" AND AR IRAADIIUS
4 - 5 30°05'58" E, 270.53'; OF 383.04 FEET;
5 - S 28°03'00" E, 52.78'; 53 - 5 44°43'52•' E, 102.80';
54 - 5 28°27'40" E, 102.88';
6 - S 45°21'43" E, 77.32';
55 - 5 19°49'46" E, 180.33';
7 - S 46°41'03" E, 170.75';
56 - S 13'24'48" E, 377.57`;
8 - S.37°57'38" E, 203.96';
57 - S 17°25'25" E, 23.90' TO THE POINT OF INTERSECTION
9 - S 20°38'39" E, 92.05';
WITH THE CENTERLINE OF THE INLET DITCH TO LAKE
ID - S OS°10'43" W, 92.70';
CHRISTINA;
II - S 71°55'38" w, 76.09'; 58 - 5 14026'47" E. 84.04';
12 - 716.60 FEET ALONG THE ARC OF A CURVE TO TIE 59 - $ 20°29'19" E, 184.72';
LEFT HAVING A CENTRAL ANGLE OF 55°19'07" AND
60 - S 77°07'71" C. 73.96';
A RADIUS OF 224.34 FEET;
13 - S 33°23'29" E, 110.91'; 61 - S 30°18'26" E, 170.54';
14 -_S 37°32'24" E, 62.91';
6i - S 39°49'30" E, 78.25';
15 - S 27°29'29" E, 95.75'; 63 - S 4S°SI'll" E, 51.15';
16 - 5 39°55.15" E, 61.94'; 64 - 5 55°30'55" E, 76.57';
17 - 5 34°40.32" E, 223.45'; 65 - 5 78°20'41" E, 31.23';
IB - $ 79°44'11•• E, 111.57'; 66 - N 45°14'30" E, 37.77';
19 - 54,85 FEET ALONG THE ARC OF A CURVE TO THE 67 - N 80°40'50" E, 83.38';
68 - N 65°51'28" E, 76.29' TO THE OUTLET OF LAKE CHRISTINA;
LEFT, HAVING A CENTRAL ANGLE OF }1°25'41" AO
A RADIUS OF 100.00 FEET, TO A POINT ON DE 69 - N 77°14'04" E, 109.06';
EAST LINE OF SAID SECTION 4 FRCH WHICH THE
NORTHEAST CORNER (NE CON.) OF SAID SECTION 4 70 - N 89°30'23" E, 48.82';
BEARS NORTH 00°15'40" EAST, 1832,29 FEET; 71 - S 58°23'04" E, 61.86';
20 - 75.77 FEET ALONG THE ARP OF A CURVE TO THE 72 - 5 44°47'00" E, 106.79';
LEFT, LAVING A CENTRAL ANGLE OF 14°28'46" AND 73 - 5 28°03'56" E, 82.22';
A RADIUS OF 100.00 FEET;
74 - S 26°32'58" E, 102.13';
21 - 5 81°71'52" E, 95.67';
75 - 5 15°41'36" E, 213.92';
21 - S 84°09'70" E, 66.57';
76 - S IJ°57'00" E, 116.91';
73 - S 71°13'43" E. 58.91';
24 - S 60°04'20"F, 15.60'; 777
8 - 5 11"18'56" E, 95.57';
25 - 5 41°47'55" E, 29.14'; 78 - 5 22°02'49" E, 102.41';
26- 5 22°06'57"E, 70.76'; 79 - 5 38°21'16 E, 124.87';
27 - S 01°27'01" W, 183.70'; 80 - S 49°31'52" E, 85.82';
28 - 5 06°54'33".E, 106.57'; 81 - 5 61°17'16" E, 320.24' TO A POINT
CN OF SAID SECTION 10, FROM WHICH TH THE EAST LINE
29 - 5 14°16'24" E, 324.77';
E NORTHEAST CORNER
30 - S 20°32'32" CNE COP.) OF SAID SECTION 10 BEARS NORTH 00°26'56"
E, 125.98'; -WEST, 2521.96 FEET;
31 - 5-24°72'40" E, 125.89'; Bi - $ 61°17'16" E, 81.87';
32 - 5.33'47.18" E, 123.53`; 83 - 5 57°25'13" E, 123.22';
33 - 5 4I°30'09" E, 117.43'; 84 - N 67°49'11" E, 48.35';
34 - 5 46°40'26" E, 116.07'; - 85 - 5 61°45'01" E, 281.71';
35 - 5 52°23'25" E, 444.55'; 86 - S 82°29'14" E, 22.51';
36 - 5 46°09'59" E, 307,12'; 87 - N 21°57'53" E, 29.10';
37 - S 48°23'47"1, 364.58'; 88 - 64,82 FEET ALONG THE ARC Cr A CURVE TO THE RIGHT,
38 - 5 46°57'48" E, 158.04'; /LAVING A CENTRAL ANGLE OF 132°37'49" AND A RADIUS
CF 28.00 FEET;
39 - S 40°36'79" E, 218.78';
89 - 5 25°24.18" E, 59.45';
40 - S 37°15'22" E, 169.98';
90 - N 63°39'38" E, 85.72';
41 - S 3D°59'31" E, 254.47';
42 - $ 36°42'53" E, 129.49'; 91 - N 82°45'03" E, 56.92';
E, 45.92';
43 - 5 45°53'34" 92 - N 33°51'43" w, 45.78';
44 -S 40°77'19" E, 474.50'; 93 - N 38°15'38 W, 34.09';
45 - 5 45°50'54" E, 55.71'; Y)4 - N $2°58'10"" E, 77.59';
46 - 5 49°53'10" E, 206.91'; 95 - N 61°29'38" E, 101.69' TO THE GILMO2E DITCH AND THE
-E47 - S 52°46'57'' E, 76.34'; POINT OF TERMINATION, ALSO INCLUDING THE INLET DITCH
TO LAKE CHRISTINA DESCRIBED AS FOLLOWS:
-48 - S 59059'36" E, 230.97' TO A POINT ON THE
LINE OF SAID SECTION 3 FRO. HMI CH TIE SOUTHWEST
CANER (SW NOR.) OF SAID SECTION 3 BEARS
SOUTH 89°28'}1" WEST, 2946.24 FEET;
49 - 5 59°59'36" E, 56.68';
50 - 5 69°16'40" E, 99.34';
A STRIP OF LAND LOCATED IN SECTION 10, TO.NSHIP 3 NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, WELD COUNTY,
COLORADO, FOR THE PURPOSE OF CONSTRUCTING, OPERATING, AND MAINTAINING µ IRRIGATION CANAL. SAID STRIP LYING SS FEET
ON EACH SIDE OF THE INLET DITCH TO LAKE CHRISTINA DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 10 NC CONSIDERING THE NORTH LINE OF SAID SECTION 10 TO BEAR
NORTH 89'28'31" EAST WITH ALL BEARINGS HEREIN RELATIVE THERETO;
THENCE RUTH 76°34'39" EAST, 3951.64 FEET TO THE TRUE POINT OF BEGINNING;
96 - THENCE NORTH 68034.09" EAST, 83.18 FEET;
97 - MINCE 65.68 FEET ALCM: THE ARC OF A CURVE TO TIE LEFT, HAVING A CENTRAL ANGLE OF 55°20'12" AO A RADIUS
CF 68.00 FEET;
98 - TENCE NORTH 11°11.56" EAST. 59.68 FEET TO INC POINT OF TF°HI'LTIrn IN ,A,r r✓°N°TIN,
F 0554 MARY P"' FEUERSTEIN CLERK & RECORr nR WELD CO, CO
EXHIBIT C
PLATTE VALLEY CANAL
LEGAL DESCRIPTION
A STRIP OF LAND LOCATED IN SECTION 4, TOWNSHIP 3 NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN,
WELD COUNTY, COLORADO, FOR THE PURPOSE OF OPERATING AND MAINTAINING AN IRRIGATION CANAL. SAID STRIP
LYING 60.00 FEET EAST AND 70.00 FEET WEST OF THE CENTERLINE OF THE PLATTE VALLEY CANAL, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER (NE COR.) OF SAID SECTION 4, AND CONSIDERING THE NORTH LINE OF SAID
SECTION 4 TO BEAR SOUTH 89°37'41" WEST WITH ALL BEARINGS HEREIN REALTIVE THERETO:
THENCE SOUTH 89°37'41" WEST, 1808.74 FEET TO THE INTERSECTION OF THE CENTERLINE OF PLATTE VALLEY CANAL
AND THE NORTH LINE OF SAID SECTION 4, ALSO BEING THE TRUE POINT OF BEGINNING;
THENCE ALONG THE CENTERLINE OF THE PLATTE VALLEY CANAL BY THE FOLLOWING 34 COURSES:
1 - S 03°40'57" W, 12.96'; 19 - 90.93 FEET ALONG THE ARC OF A CURVE TO THE
2 - S 10°09'07" W, 45.49'; LEFT, HAVING A CENTRAL ANGLE OF 45°22'31" AND
3 - 5 27°01'47" W, 281.89'; A RADIUS OF 114.82 FEET;
4 - 5 35°02'43" W, 129.95'; 20 - S 85°04'50" E, 170.71';
5 - S 46°24'26" W, 113.95'; 21 - 151.01 FEET ALONG THE ARC OF A CURVE TO THE
RIGHT, HAVING A CENTRAL ANGLE OF 68°29'30" AND
6 - 5 67°56'02" W, 114.41'; A RADIUS OF 126.33 FEET;
7 - 158.51 FEET ALONG THE ARC OF A CURVE TO THE 22 - 5 16°35'19" E, 120.95';
LEFT, HAVING A CENTRAL ANGLE OF 43°14'52" AND 23 - 196.66 FEET ALONG THE ARC OF A CURVE TO THE
A RADIUS OF 210.00 FEET; RIGHT, HAVING A CENTRAL ANGLE OF 25°35'07" AND
8 - S 24°41'10" W, 39.72'; A RADIUS OF 440.41 FEET;
-9 - 258.45 FEET ALONG THE ARC OF A CURVE TO THE 24 - S 08°59'48" W, 101.24';
LEFT, HAVING A CENTRAL ANGLE OF 68°10'08" AND 25 - 251.82 FEET ALONG THE ARC OF A CURVE TO THE
A RADIUS OF 217.23 FEET; LEFT, HAVING A CENTRAL ANGLE OF 59°32'10" AND
10 - S 43°28'58" E, 159.97'; A RADIUS OF 242.34 FEET;
11 - 69.50 FEET ALONG THE ARC OF A CURVE TO THE 26 - S 50"32'21" E, 149.58';
RRIGHT,
GHT,UHAVI G A8CENTERA; ANGLE OF 48°38'11" AND 27 - S 67°37'35" E, 82.75';
812 - S 05°09'12" W, 19.20'; 28 - 186.32 FEET ALONG THE ARC OF A CURVE TO THE
LEFT, HAVING A CENTRAL ANGLE OF 36°09'27" AND
13 - 117.95 FEET ALONG THE ARC OF A CURVE TO THE A RADIUS OF 295.25 FEET;
RIGHT, HAVING A CENTRAL ANGLE OF 25°54'10" AND 29 S 31°28'08" E, 491.73';
A RADIUS OF 260.90 FEET;
14 - S 31°03'22" W, 130.58'; 30 - S 30°42'09" E, 20.00';
15 - S 09°40'40" W, 95.26'; 31 - S 10°25'08" E, 52.65';
16 - S 03°11'43" E, 116.07'; 32 - 93.05 FEET ALONG THE ARC OF A CURVE TO THE
LEFT, HAVING A CENTRAL ANGLE OF 23°19'58" AND
17 - 114.85 FEET ALONG THE ARC OF A CURVE TO THE A RADIUS OF 228.50 FEET;
LEFT, HAVING A CENTRAL ANGLE OF 36°30'36" AND 33 - 5 33°45'06" E, 94.75';
A RADIUS OF 180.24 FEET;
18 - S 39°42'18" E, 116.57'; 34 - 5 38°27'03" E, 32.60' TO THE POINT OF TERMINATION
AT THE HIGH WATER LINE OF MILTON RESERVOIR.
e
B 1068 REC 02008617 05/07/85 10 : 11 $39. 00 11/013
F 0555 MA1 ANN FEUERSTEIN CLERK & RI .RDER WELD CO, CO
•
EXHIBIT D
•
LEGAL DESCRIPTION
A TRACT OF LAND WHICH LIES IN SECTIONS 4, 9, AND 10, TOWNSHIP 3 NORTH, RANGE 65 WEST
OF THE SIXTH PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER (SE COR.) OF SAID SECTION 4, AND CONSIDERING THE
SOUTH LINE OF SAID SECTION 4 TO BEAR SOUTH 89°35'45" WEST WITH ALL BEARINGS HEREIN
RELATIVE THERETO:
THENCE SOUTH 89°35'45" WEST, 53.42 FEET TO THE INTERSECTION OF AN ELEVATION EQUIVALENT
TO GAUGE ROD 39.5 AT MILTON RESERVOIR - HEREAFTER REFERRED TO AS GAUGE ROD 39.5, ON THE
EAST SIDE OF PLATTE VALLEY CANAL AND THE SOUTH LINE OF SAID SECTION 4, ALSO BEING THE TRUE
POINT OF BEGINNING.
THENCE ALONG GAUGE ROD 39.5 ON THE EAST SIDE OF PLATTE VALLEY CANAL BY THE FOLLOWING
28 COURSES
1 - 5.52°35'40"E., 17.71';
2 - 5.46°38'12"E., 52.82', TO A POINT ON THE EAST LINE OF SAID SECTION
5.1°08'45"W, A DISTANCE OF 47.41 FEET FROM THE NORTHEAST CORNER (NE COR.)
ICH BEARS
SECTION 9;
3 - S.46°38'11"E., 46.21';
4 - S.31°45'34"E., 74.09';
5 - 5.16°06'19"E., 107.80';
6 - 64.37 FEET ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A CENTRAL ANGLE OF
86°01 '54" AND A RADIUS DF 42.87 FEET;
7 - N.77°51'48"E., 55.13';
8 - -5.84°27'32"E., 134.63';
9 - 5.72°03'02"E., 74.63';
10 - 5.85°01'4-9"E., 92.35';
11 - N.76°34'08"E., 68.88';
12 - 5.76°27'07"E., 170.75'; •
13 - 5.63°06'14"E., 77.37';
14 - 5.41°18'31"E., 43.93';
15 - S.20°25'58"E., 54.42';
16 - S. 7°02'17"E., 163.23';
17 - 5.33°54'04"E., 150.60';
18 - 5.11°50'01"E., 107.28';
19 - 3. 7°06'02"E., 291.23';
20 - 5.20°04'17"E., 110.72';
21 - 5.17°31'32"W., 59.77!;
22 - S.31°54'29"W., 62.43';
23 - 5.72°48'51"W., 101.53';
24 - 5.40°48'08"W., 154.56';
25 - 5.34°41'43"E., 94.87';
26 - S.69°49'46"E., 52.20';
27 - 5.35°35'04"E., 285.27';
28 - S.29°11 '51"E., 43.34', TO THE INTERSECTION OF SAID EAST LINE OF GAUGE ROD 39.5 AND
THE "LIMIT OF TAKING" LINE AS DEEDED AND EXECUTED DECEMBER 29, 1909 TO FARMERS
RESERVOIR AND IRRIGATION CO;
THENCE ALONG SAID "LIMIT OF TAKING" LINE BY THE FOLLOWING 6 COURSES:
29 - N.65°07'01' W., 73.48';
30 - 5.76°23'00"W., 188.00';
31 - 5.35°24'59"E., 88.00';
32 - 5.54°35'00"W., 130.00';
33 - N.35°25'02"w., 80.00';
34 - 5.14°20'00"W., 167.92', TO THE INTERSECTION OF THE SAID "LIMIT OF TAKING" LINE AND
GAUGE ROD 39.5 ON THE WEST SIDE OF PLATTE VALLEY CANAL;
,2
• B 1068 REG X2008617 05/07/85 10 : 11 $39. 00 12/013
F 055b MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
THENCE ALONG SAID GAUGE ROD 39.5 ON THE WEST SIDE OF PLATTE VALLEY CANAL BY THE FOLLOWING
57 COURSES:
35 - N.29°30'41"W., 174.3.5';
36 - N. 4°21'25"W., 105.30';
37 - N.24°26'38"W., 48.33';
38 - N.40°20'48"W., 122.02';
39 - N.18°26'06"W., 139.14';
40 - N.31°16'29"W., 157.95';
41 - N. 7°28'51"E., 99.85';
42 - N.25°51'59"W., 110.02';
43 - N. b°03'15"W., 66.37 ';
44 - N.25°58'28"E., 87.76';
45 - N. 4°58'11"W., 46.17';
46 - N.30°03 '16"E., 183.70';
47 - N.52°31'26"E., 37.80';
48 - -N.28°18'03"W., 59.06';
49 - N.36°35'28"W., 82.20';
50 - N.53°14'47"W., 98.60';
51 - N.67°46'30"W., 100.46';
52 - N.52°48'55"W., 145.60';
53 - N.35°26'45"W., 144.84';
54 - N.10°42'47"W., 112.97'; -
55 - N.63°26'06"W., 37.34', TO A POINT ON THE EAST LINE OF SAID SECTION 9, WHICH BEARS
S. 1°08'45"W., A DISTANCE OF 337.30 FEET FROM THE SE COR. OF SAID SECTION 4;
56 - N.63°26'06"W., 36.45';
57 - N.40°21' 52"W., 1-05.00';
58 - N.24°34'02"W., 38.48';
59 - N.36°36'25"W., 43.60';
60 - N.28°24'46"W., 69.35';
61 - N.65°05'43"W., 92.61';
62 - N.83°07'-06"W., 58.42';
63 - N.49°59'37"W., 73.11 ' :
64 - N.35°26'21"W., 17.65', TO A POINT ON THE SOUTH LINE OF SAID SECTION 4,
WHICH BEARS S.89°35'45"W., A DISTANCE OF _390.59 FEET FROM THE SE COR.
OF SAID SECTION 4;
65 - N.35°26'24"W., 118.59'; •
66 - N.13°34'14"W., 59.67';
67 - N.24°20'28"E., 46.10';
68 - N. 4°53'57"W., 70.26';
69 - N.40"38'56"W., 130.48';
70 - N. 0°46'46"W., 147.01';
71 - N.15°36'40"W., 70.6-0';
72 - N.12°12' 02"W., 75.71';
73 - N.31°54'29"W., 62.43 ';
74 - N.67°47'47"W., 52.92';
75 - N.76°52'47"W., 136.57';
76 - N.55°05'51"W., 52.43';
77 - N.33°32' 10"W., 103.17';
7-8 - N. 6°08'48"E., 65.38'; t
79 - N.19°17'24"E., 63. 57';
80 - N. 1°53'36"E., 121.07 ';
81 - N.37°58' 18"E., 52.01 ';
82 - N.66°48'05"E., 53.31';
83 - N.30°27 '56"E., _39.45';
84 - 5.72°38'46"E., 16.76';
B 1068 I 02008617 05/07/85 10 : 1 $39. 00 13/013
F 0557 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
85 - N.19°58 '59"W., 58.52';
86 - N.65°27'44"W., 50.57';
87 - N.33°41'24"W., 43.27';
88 - N.64°54'59"W., 51.89';
89 - N.47°56'08"W., 110.45';
90 - N.30°46'13"W., 152.46';
91 - N.10°18'17"W., 78.26'; •
92 - N. 0°23'32"W., 177.92', TO A POINT ON THE SOUTH LINE OF THE PLATTE VALLEY
CANAL EASEMENT ON THE WEST SIDE OF THE CANAL AS GRANTED TO FRICO
THENCE ALONG SAID SOUTH LINE OF SAID EASEMENT:
93 - N.51°32'58"E., 38.00' TO THE CENTER OF THE PLATTE VALLEY CANAL
94 - THENCE ALONG SAID EASEMENT, N.51°32'58"E., A DISTANCE OF 40.23 FEET,
TO THE INTERSECTION WITH GAUGE ROD 39.5 ON THE EAST-SIDE OF THE
PLATTE VALLEY CANAL: `
THENCE ALONG SAID EAST SIDE OF CANAL BY THE FOLLOWING 20 COURSES:
95 - S.35°43'11"E., 68.43';
96 - 5.19°03 '28"E., 116.38';
97 - 5.36°28'09"E., 57.20';
98 - S.14°16'52"E., . 56.75';
99 - 5.60°29'29"E., 330.93';
100 - 5.-81°05'54"E., 84.01 ';
101 - 5.5.9°50'24"E., 85.59';
102 - S. 3°45'51"E., 152.33';
103 - S.14°55'53"W., 77.62';
104 - 5.89°17'02"W., 80.01 ';
105 - 5.42°30'38"W., 65.12';
106 - 5.20°35'46"E., 167.72';
107 - 5.52°07'30"E., 148.22';
108 - 5.28°02'O2"E., 87.23';
109 - 5.15°53'14"E., 135.16';
110 - 5.15°47 '12"W., 198.47';
111 - 5.21°04'08"E., 130.74';
112 - S.40°03' 15"E., 295.26';
113 - 5.27°14'07"E., 76.48';
114 - S.52°35'41"E., 46.49', TO THE POINT OF BEGINNING.
SAID TRACT CONTAINS 36.332* ACRES
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