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Home My WebLink About881022.tiff RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND PLANNED UNIT DEVELOPMENT PLAN - BRALY PARTNERS 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 26th day of October, 1988 , at the hour of 1 :30 p.m. in the Chambers of the Board for the purpose of considering the Site Specific Development Plan and Planned Unit Development Plan submitted by Braly Partners , c/o Arnold Turner, 3600 Highway 52 , Erie, Colorado 80516 , and WHEREAS, said Site Specific Development Plan and Planned Unit Development Plan concerns the following described real estate, to-wit: Part of the NINE* of Section 3 , Township 1 North, Range 68 West of the 6th P.M. , Weld County, Colorado WHEREAS , said applicant was represented by Arnold Turner, and WHEREAS, the Board heard all of the testimony and statements of those present, has studied the request of the applicant and the recommendations of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter and, having been fully formed, 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 .9 of the Weld County Zoning Ordinance. 2 . The PUD Plan application is in conformance with Section 28 . 14 of the Weld County Zoning Ordinance as follows: a. The proposal is consistent with the Weld County Comprehensive Plan. The proposed PUD Plan is located within an I-25 mixed-use development activity center. The uses proposed for the PUD Plan are consistent with the uses described on pages 45 and 47 of the Weld County Comprehensive Plan. LOti i ,'�,v 881022 Page 2 RE: PUD PLAN - BRALY PARTNERS b. The PUD Plan conforms to the PUD district in which it is proposed to be located. The Utility Coordinating Advisory Committee reviewed and approved the utility plan map at a meeting on August 25 , 1988 . c. The application materials demonstrate that the uses which would be allowed under the proposed PUD Plan will be compatible with existing and future development of the surrounding area and also with future development as projected by the plans of affected municipalities . d. The application materials demonstrate that the uses which would be allowed under the proposed PUD Plan on the property conform to the performance standards outlined in Section 35 .3 of the Weld County Zoning Ordinance. e. The PUD Plan is partially located in a geologic hazard development area . Approval of a geologic hazard development permit is required prior to building permit and site plan approval on affected lots. No other overlay districts affect the PUD Plan. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Braly Partners for a Site Specific Development Plan and Planned Unit Development Plan on the above referenced parcel of land be, and hereby is, granted subject to the following conditions: 1 . Prior to recording the PUD Plan plat, a program to control weeds and other vegetation within the PUD Plan area shall be developed and approved by the Boulder Valley Soil Conservation District. A copy of the program shall be delivered to the Department of Planning Services. 2 . Prior to recording the PUD Plan plat, the plat shall be corrected to show a minimum centerline radius of 200 feet for the centerline radius of Futura Drive at the southwest corner of Lot 3 . 881022 Page 3 RE: PUD PLAN - BRALY PARTNERS 3 . The following notes shall be placed on the PUD Plan plat: a . The street located within the PUD Plan is private and shall be maintained by the owners association and property owners as described in case S-295 , on file with Weld County. Future access to the private street shall be granted to subsequent off-site developers using the formula provided in Section 11-2, of the Weld County Subdivision Regulations . b. Prior to issuing building permits, approval of a site plan review on each lot is required in accordance with Section 33 . 4 .5 , of the Weld County Zoning Ordinance. c. The requirements of the Longmont Fire Protection District shall be met. d. Septic systems shall be used for sanitary effluent flow only. No industrial or commercial flows to septic disposal systems shall be allowed. e. Occupied buildings and outside areas shall set back 150 feet from existing oil and gas wells and 200 feet from tank batteries and fired vessels . f. Lots 6 through 16 are located within a geologic hazard area and subject to compliance with Section 42 , Geologic Hazard Overlay District, of the Weld County Zoning Ordinance. g. The requirements of the Weld County Sheriff' s Department shall be met . The restrictive covenants shall explain the provision of security and law enforcement for the Planned Unit Development. h. Outdoor storage shall be screened from I-25 and Colorado Highway 52 . This does not include parking areas for company vehicles, visitors, and customers. i. Covenants are recorded for this PUD Plan. Each lot owner will be responsible for complying with the covenant requirements. 881022 Page 4 RE: PUD PLAN - BRALY PARTNERS j . The PUD Plan will be developed in two phases. A Subdivision Improvements Agreement may be approved for each phase. Final approval of a Subdivision Improvements Agreement is required before site plan approval on each lot. 4 . The existing house and outbuildings will be removed from the Planned Unit Development prior to the issuance of building permits on Lot 1 . The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 26th day of October, A.D. , 1988 . ' � BOARD OF COUNTY COMMISSIONERS\791 ' ATTEST: /2 'h '" F'u'Akt—"1 WEL OUNTY, COLORADO Weld County Perk and Recorder {//ter"//r J and Clerk to the Board Ge e R. Brantne , hairman i 7/7�/.L BY: ,V '£91'-ntc . 4_,-,z.44,./ C.W. Kirby, Pro em 1Deputy County lerk APPROVED AS TO FORM: &Jque ' ne h son EXCUSED C "pion I! �Lacy 0 County Attorney , ` i - Frank Yamaguchi 881022 HEARING CERTIFICATION DOCKET NO. 88-58 RE: SITE SPECIFIC DEVELOPMENT PLAN AND PLANNED UNIT DEVELOPMENT PLAN - BRALY PARTNERS A public hearing was conducted on October 26, 1988, at 1 :30 P.M. , with the following present: Commissioner Gene Brantner, Chairman Commissioner C.W. Kirby, Pro-Tem Commissioner Jacqueline Johnson Commissioner Gordon E. Lacy - Excused Commissioner Frank Yamaguchi Also present: Acting Clerk to the Board, Mary Reiff Assistant County Attorney, Lee D. Morrison Planning Department representative, Rod Allison The following business was transacted: I hereby certify that pursuant to a notice dated September 19, 1988, and duly published September 21, 1988, in the Platteville Herald, a public hearing was conducted to consider a Site Specific Development Plan and Planned Unit Development Plan submitted by Braly Partners. Lee Morrison, Assistant County Attorney, made this matter of record. Rod Allison, representing the Planning Department, entered the favorable recommendation of the Planning Commission into the record. Mr. Allison also submitted the recommendation of the Planning staff to amend Condition 3 and add a Condition 4. Arnold Turner represented the applicants. He stated that the applicants have no problem with the conditions as proposed by the Planning Commission and Planning staff. No public comment was offered concerning this request. Commissioner Johnson moved to approve the Site Specific Development Plan and Planned Unit Development Plan, subject to the Conditions recommended by the Planning Commission and Planning staff. The motion, seconded by Commissioner Kirby, carried unanimously. This Certification was approved on the 31st day of October, 1988. APPROVED: ~ 1� BOARD OF COUNTY COMMISSIONERS ATTEST: fr Uw°` P� J WE OUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the Board ene R. Brantner, Chairman r � ;! By: ! , / ,i/c l�/ eputy County Cle C.W. Kirby, ro-Tem' Ja que ne J n\ oT EXCUSED _ Gor n E.,4.acy i, Yri, Frank Yamaguchi TAPE #88-52 DOCKET #88-58 PL0424 %,,' it 881022 _PUBLIC NOTICE The Board of County Commissioners of Weld County Colorado, on October 26, 1988, conditionally approved a Site Specific Development Plan and a Planned Unit Development Plan for the property and purpose described below. Conditional approval of this plan creates a vested property right pursuant to Article 68 of Title 24, C.R.S. , as amended, for a period of three years. APPLICANT: Braly Partners c/o Arnold Turner 3600 Highway 52 Erie, Colorado 80516 LEGAL DESCRIPTION: Part of the NINE} of Section 3, Township 1 North, Range 68 West of the 6th P.M. , Weld County, Colorado TYPE AND INTENSITY OF APPROVED USE: Planned Unit Development SIZE OF PARCEL: 49.6 acres, more or less -Failure to abide by the terms and conditions of approval will result in a forfeiture of the vested property right. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO -BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Mary Reiff, Deputy PUBLISHED: November 2, 1988, in the Platteville Herald 881022 Affidavit of Publication STATE OF COLORADO County of Weld ss. ' I-A.Winkler Riegel of said County of Weld being duly sworn.say that I am publisher of Platteville Herald that, the same is a weekly newspaper of general circulation was printed and published in the town of Platteville in said county and state that the notice of advertisement.of which the annexed is a true copy has been published in said weekly newspaper for E (X consecutive weeks: TM Bosed ui-el -County that the notice was published in the regular and entire issue of every OommdseioneaDM Weld County, number of said newspaper during the period and time of publication Colorado, on ar 26,�n ieee.of said notice and in the newspaper proper and not in a supplement 8peqo M,. thereof that the first publication of said notice was contained in the Planned ewaen Plan end a issue of said newspaper bearing the date of for to -purpose de- - A.D..1911 and the last publication aerlhetl an Crain a thereof,in the issue of said newspaper.bearing date, rated.pro _ ht purwant to MVOs 66 a,C.N.S.. se the day of amended, for, period of tens.. ,,[ ray Partners 19 that the said s/u ArnoldParlmn rlo TUNmr 7600 Nighwq,lit PLA7TEVILLE HERALD Ede Colo DESCRIPTION: LEGAL DESCRIPTIIPTI ON fart of has been published continuously and uninterruptedly during the the N 1/2 1N of Reagan 3,. period of at least fifty-two consecutive weeks next prior to the first Township 1 N i, flange RI West issue thereof containing said notice or advertisement above referred i of the 6th "Weld C,ovnty, to: and that said newspaper was at the time of each of the Colorado ,' publications of said notice duly qualified for that purpose within the TYPE Mill :INTENSITY OF APPmeaning of an act entitled. "An Act Concerning Legal Notices. Mv�iNop na Planned Unit Advertisements and Publications and the Fees of Printers and SIZE OF L: 49.6 sane Publishers thereof, and to Repeal all Acts - of Acts _ more or Dee _: th th trovlslom of th Falluro q bN die term• all (I th f. acrd ./.'1� ss ends. an ate -. and condi el approval will a and - 931. reeml m a taro b Utswated WWII, nols' ✓ Publisher .. BS COMITY COMIMSSIONERS WELD town, COLORADO bscribed and sworn to before me this J.' day o f GSSu r•r" A•- • A.D 19 rd BY: MARY ANN FEUERSTEIN COUNTY CLERK DS RECORDER AND CLOR alan n ^/ny�p�,`',''.`-`' K TO THE BOARD U Notary Publice'f• 1 FORT LUPTON PREP gp:sis stafir P sulnlae 415 D0,,.e.A.w. twrd: . x l6rla Fort Lupton,CO 80821 My commission expires June 1992 My Commission expires June 30,1992 881022 A T T E N D -1 N C E RECORD -PLEASE write or print legibly your name , address and the name of the applicant -or -Docket # for the hearing you are attending. TODAY' S HEARINGS ARE AS FOLLOWS: OCTOBER 26, 1988 DOCKET # 88-58 PUD FINAL PLAN - BRALY PARTNERS DOCKET # 88-64 USR-SINGLE FAMILY DWELLING ON PARCEL LESS THAN MINIMUM LOT SIZE-KLEE DDOCKET # NAME ADDRESS HEARING ATTENDING )er/c Join son 6 (orncii di<jot��icui Lo fa'lu,arArc Al, P,c/,6: lineZas)F. l'l eL.fc•.kt 9 s co -r-c,-,An Jony.,-,6,„-( Ro lupe. eek {� ANv, mE.X) vOev% P (n . Cry SIR 4��el e Atticvcn �civt, 4/ Mm� UU A/ yE Po , A ' / A,11- )clpe ',pec,ul P":,u) kFt'ns'+ 1 0.Tr:ck V.K.(-Der 9soo c',✓,c (12—1/4 0-:vc 7t,,`,c ,, /G/ee MC 14"-e- / 1181022 NOT I C E Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Ordinance, a public hearing will fie 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 Site Specific Development Plan end -Planned Unit Development plan are requested to attend and may be heard. Should the applicant or any interested party desire the presence of a -court reporter to make a record of the proceedings, in addition to the taped record which will be kept during the hearing, the Clerk to the Board's Office can be contacted for a list of 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. 88-58 Braly Partners £/o Arnold Turner 3600 Highway 52 Erie, Colorado 80516 DATE: October 26, 1988 TIME: 1 :30 P.M. -REQUEST: Site Specific Development Plan and Planned Unit Development Plan LEGAL DESCRIPTION: Part of the N}NE} of Section 3, Township 1 North, Range 68 -West of the 6th P.M. , Weld County, Colorado LOCATION: South of and adjacent to Colorado Highway -52 and west of and adjacent to West 1-25 Frontage Road 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: September 19, 1988 PUBLISHED: September 21, 1988, in the Platteville Herald 1381022 Af f iciavit of Publication B'O7icE turestiblSTATE OF COLORADO e"i1 w w w. , County 2M9 Ortlnann County ofWeld mss. ih mb9`a"f-m..rehw a m I A.Winkler Riegel of said County of Weld being duly sworn,say ebmmeriorwn of Wil tl.County, Colt.n.gj Wald Oou My that lam publisher of Centennial. tenter, 1S le"Btrani 4USI F time a alay,Plarttevi 11a Ferald celoredy, at the Cm. .psttha_that.the same is a weekly newspaper of general circulation was htlan robes in an mannerred and bashed In the town of n�4''fn gpeeillegrin pu Cewhpytytnt Plan anplannedPlatteville Unlw lepmsnthn ana at? attendan hPar gib in said county-and state that the enticed advertisement,of which heard. . the annexed is a true copy has been published in said weekly Should 11w applicant or any IessenceC party tlestn Ito newspaper-for -Preaana?M a Doan.nperhk to S'� m}c. ng record : e/ the H'� O consecutive weeks: pr ceedings, in addition to the that the notice was published in the regular andentire issue of heed neoM which will M k t newspapertheperiod and time of publication tluriny Uh. Merinp, tw Clarke a said of saidandduring p pu tM Deere* Office can be -of notice in the newspaper of proper and not to a supplement contacted bra list of certified thereof:that the first publication of said notice was contained in the court reparhn h tM ens It( e of said newspaper bearing the date of court raporhr la obitlned, th7 Clark to lbs Boards OSla shall _publication edvhed In welting of each and the last ymbn al Mast Ave day prior to. th .lathe issue of said newspaper.bearing date. the haring. The cost of engaging. the ,Z-f day of the hwpayhr anted b born.by Pratint' is U if that the said OM Wen ,lh. F w~YIt� Q"Sint e.i as has been published continuously and uninterruptedly during the beabd lbs Wstd period of at least fifty-two consecutive weeks next prior to the first xenhnnMg C.whr, 816 Colorado. Thbtl Floor, 9rolq, issue thereof containing said notice or advertisement above referred -Caorade.. to: and that said newspaper was at_the time of each of the publications of said notice duly qualified for that purpose within the .DOCKET 410. se.SS meaning of an act entitled. "An Act Concerning Legal Notices. -APPLICAdvertisementsANT and Publications and the Fees of Printers and Scaly Partners Publishers f, and to Repeal all Acts and Parts of Acts in c/o-Arnold e s Conflict with Provisions of this .} 218 axtd /? mor Eeeg Ili ST ay all th. ..f. an y a am by an act - ErErie, Ili 886tg %,1 and t 1 931. 41.4(4 / t%z _ / BATE: gehb.r 3S. 188g Q / [/ nt�: lye r.N — - Publishes REQUEST, Sib 8peellic �/ B.nlophErk Man and phmhad Bub l� b sworn to befJ�re me thls,ey—day o f Unit vNtement lON: Part of)�� A D. 19 P/ the N 1/2 NE 114 of Section S, I' _ ` Township th, Ihtq.N WW IC)-. 19-"ti-A) of tr 6M KW. angs owhly, (1/45"\C%----.-?5 Notary Public Ccsntto : South- of end adlahsM m CNendo Highway ag. r. .�„! and west Fronted* Re WNpm b.Wat. '. . ..:. :iwd 1•Y6Fronhp8'ppad `- a �-r COUNTY _COMMISSIONERS -WELD-COUNTY, COLORADO: 7Y: RAW ANN•FEUERSTEIN ERK AND tMy commission expires June 1992 _ COUNTY CORDER vli: :_,... .. _ ,: f is ..'I0, 1992 AND CLERK'TO THE BOARD BY:Mary Reiff.Deputy DATUS: mow'et ten "x".88 aril, nennift. $81022 ,1 T , AFFIDAVIT OF PIJBLICArIOf ..:eni N l .3 ,@fit ,,y .. , ........... State of Colorado County of Boulder NOTICE Purnell to the zoning laws of the State of Colon I, Dean G. Lehman ,do radoas*She Weld County Zoning Ordinance, a public Wring will be held it the Chambers of the Board_egjCountYtOmmIssloMra of Weld-County, solemnly swear that the LONGMONT DAILY TIMES CALL is a Colorado, Weld County'centennial tenter, 915 10th Strait,First Floor,Greeley,Colorado,at the daily printed,newspaper in whole or in part, and published in timrylecifled.All persons In any manner Inter- Pester)Mae Site Specific Development Plan and the City of Longmont,-Count if Boulder,State of Colorado, and ilannedLnitSfevelopment Plan are requested to ' 4 Y attend and may be heard. which has general circulation therein and in parts of-Boulder and shouk9fne-appWantsr any Interested party de- sire Me D esence of a court reporter to make a Weld Counties; that said newspaper been continuously and record of the proceedings,In addition to the taped P record Which will be kept during the hearing,the uninterruptedly published for a period of more than six months Clerk to the Board'sONlcecanbecontactedfora P list of certified court reporters in the area. If a next prior to the first publication of the annexed legal-notice of court Board's okershall be aldvieised Ill Wrn�off such advertisement, that said newspaper has been admitted to the cost ofengaging a court reporter the sh shall be done nortby United States mails as second-class matter under the provisions the requesting party. BE lraLso KNOWN that the text and maps so of the Act of March 3, 1879,or any amendments thereof, and that certified by the Weld-County-Planning Commis' sio ll bard of n be examined Commissioners,ofthe le Clerk to said newspaper is a daily newspaper duly qualified for the the'Weld County Centeennial Center, 915 10th publishing legal notices and advertisements within the meaning Street,Third Floor,Greeley APPLICANT of the laws of the State of Colorado; that-a copy of each number of DOCKET NO.es-se 2raly Partners said newspaper, in which said notice of advertisement was `36oii fHighway 5ne2 ublished, was transmitted by mail or carrier to each of the -Erie,Colorado 90516 $ DATE: October 26,198 subscribers of said newspaper, according to the accustomed TIME: 1:30 P.M. REQUEST: Site Specific Development Plan and mode of business in this office. Planted Unit Development Plan 1E DESCRIPT IAN:Part of the Nl NEV4 of Seca,Township 1 North,Range 68 West of the 6tht. Weld County,Colorado 'That the annexed legal notice or advertisement was published LOCATION: South of and adlacent to Colorado Highway 52 and west of and adlacent to West 1-25 ' in the regular and entire edition of said daily newspaper once; Frontage Road BOARD OF COUNTY COMMISSIONERS WELDCOUNTY,COLORADO sand that onepublication of said notice was in the issue of said BY: MARY ANNRECORDER FEUERSTEIN COUNTY-CLERK AND CER AND THE OARD October 15 AND Mary y BOARD y newspaper dated , 1988 . 19 Reiff,Deputy P DATED: September te 28 PUBLISHED: 21,19a1,In the Platte- ville Herald Published in the Daily-Times-Call, Longmont, CON..October 15,1988. General Manager Subscribed and sworn to-before me this 15th day of October J988 Notary Public 1SY-pi 3aYtOMMI3,9,gf EX FEE 27.50 ( �r wnarviNs asr�rr��u sezpa • foc'ON �� cclouaco eosin l_�\'� 881022 filEMORCMDUM fsck "INCRod Allison, Planning September 13, 1988 -- — To Data ^ Drew Scheltinga, County Engineer _COLORADO From Futura Park, S-295 Subject: --- Since my memo of September 1, 1988, I have discussed the alignment problem at the southwest corner of Lot 3 with Merl Johnson. I agree that if this area is constructed as a 1—intersection as opposed to a curve, it -would make a safer condition. Therefore, -no change in the record plat will be necessary. The roadway plans can be revised later. TLS/mw:prfp xc: Commissioner Yamaguchi • Planning Referral File - -Futura Park, S-295 4ti _SEP 1 4 1988 Nei-1u.a31na . C imialut: ,l xrfiL'i7 r881 Boulder Valley Soil Conservation District 9595 Nelson Road, Box D - Longmont, Colorado 80501 September 14, 1988 Mr. Rod Allison, Planner Weld County Division of Planning Services 915 10th Street Greeley, CO 80631 Re: Case Number S-295 - Futura Park North PUD Dear Mr. Allison: Mr. Merle D. Johnson brought in more information on the Futura Park North Subdivision. After reviewing this information, I am satisfied that both the concerns of the Boulder Valley Soil Conservation District, the septic system design and weed control, are met. Sincerely, Barry L. Sinkey President BLS:rah 'y c.c. Merle D. Johnson Q gg5T\17 SEP 1 5 1988 Weld Co. Phnom COINni$IW 881022 CONSERVATION - DEVELOPMENT • SELF-GOVERNMENT liii-The CI .'44ir; wgifl Uaseaists N 1 Alk4,3 I d1Q 776-1105 LONGMONT, COLORADO 80501 September 9 , 1988 Rod Allison Weld County Department of Planning Services 915 10th Street Greeley, Colorado 80631 Dear Sir: Please find attached copy of a letter stating our attorney' s opinion on the matter Mr. Mannon brought uo at the Planning Commission ' s meeting. Please call if you have questions , or if your opinion varies from Mr. Grant ' s. Thanks for your help. Sincerard/Z .f l Arnold E. Turner TURNER, INC. OF LONGMONT AET:dr 717 I ' Ii'� j;l S ,' ' 3 198@ �I \ La a:,._HOMES - FARMS - COMMERCIAL PROPERTY _�..�,Y l REALTOR' 1.1G Cu. Flaw%ara uissuw CARL TURNER • EVADEANTURNER • ARNOLDTURNER • DARRELTURNER 851022 • • GRANT, I3EMNARn & LYONS WALLACE H. GRANT ATTORNEYS AT LAW HOWARD GRANT (1906- DANIEL E BERNARD 19661 RICHARD N. LYONS 515 KIMBARR STREET JOHN S. HOUGI. 11903-19791 LISA K. SHIMEL ROST OFFICE BOX 978 LONGMONT 13031 776-9900 JEFFREY J. KAHN LONOMONT, COLORADO 80502-0970 DENVER METRO 13031 571-5506 SUZAN D. FRITCHEL OF COUNSEL WILLIAM J. MCCARREN April 8, 1986 �- li T ' Mr. Henry Braly Mr. Arnold Turner Frontier Materials, Inc. Turner Realty 1 ' 3600 Highway 52 425 Coffman Street Erie, Colorado 80516 Longmont, Colorado 80501 Re: Braly -- Futura Horse Farms -- Mannon \. Dear Henry and Arnold: Arnold requested that I review the Deeds from Marvin Ray Straughan and Jimmie Joe Straughan to Futura Horse Village, a Partnership, which was dated August 1, 1972, and recorded October 10, 1972, in Book 677 under Reception No. 1599262, Weld County records, and the Deed from Jimmie Joe Straughan and Marvin Ray Straughan to Denver R. Mannon and Billye Y. Mannon, dated September 9, 1984, and recorded on Film 2136 under Reception No. 01992419, Weld County records, to analyze the easement which Straughans reserved in the first Deed and later conveyed to the Mannons. In the first Deed, the Straughans reserved an "easement for ingress and egress" over a portion of the property conveyed to Futura Horse Village. In the second Deed, which was a Quit Claim Deed, the Straughans conveyed to Mannons "rights of ingress and egress" over the same property that they had reserved the easement over. The question presented is what rights do the Mannons have to the property which the easement relates to and which is described in the two Deeds. 1. The ownership of that strip of land was conveyed by Straughans by Futura Horse Village and presumably is still owned by Futura Horse Village. 2. Mannons only rights are the rights to use that strip of land for pur- poses of ingress and egress. They have no right to claim any ownership in the property, no right to fence the property, nor any right to prevent Futura Hose Village or its assigns or permittees to use the same strip of land for ingress and egress, or for other purposes not inconsistent with the rights of ingress and egress granted to Mannons. Futura Horse Village, presumably the owner of the land over which the easement runs, has the right to continue to use that surface in any way it sees fit so long as they do not unreasonably interfere with the Mannons rights of ingress and egress. If any improvements are done to the property to make it more pass- able, the cases in Colorado would indicated that the cost of maintaining the easement should be borne by all of the parties using it in proportion to their respective use. 881022 • • , I • • Mr. Henry Braly Mr. Arnold Turner . April 8, 1986 Page 2 3. If Mannons decide to sell their property, they do have the right to sell their rights of ingress and egress, but that sale is only the right to cross the ground for those limited purposes, and not any other right. Let me know if you have any other questions. Sincerely, l'/"V\ allace H. Gra t WHG:bm BRALY-AT • 881022 • wg ,e ,x✓ _ • ,. r7IC S -3r ATMdr d+r fit to e,c•. iv r It r,bd ,t .2 o lDck rlil OCT 10 .f_ >}A,:r 1 , to • in . fi i. I 1Ri9921i2 : r ) —.._ ANN LO.Nto ___Ipconler. ga�';trltyr f'f"ci,'I'',IIII I It •• `� .. J��!7JI k . II p1 --/ VIIING STAMP I - el.': •J }1 1 • I (4•y,� zy C• ,� 'fJ' ' I II Tins 9rn,, alsale ueG I�r day or .•Aortas , ;:f;SZ{ YAPI IN RAY ;IHAU; ..:1st and ' OW �--' a t is, I Id 71 L tot.., l ( OW iU 19/2.. I I }i 7a FP. J1..Ir lh c;.l...r. r{ ., Conant in (,on:no.l I o .. O v4.f T. 1% f. l`t I rat tb.• ('.aunty of ,Jet I t,rsor1 and State of ...and ___ s t s.''' j' fV . o p r , i ail ;, (c., I Colorad, of the first Dort and !.CJh'A 'll. ;I LLAGn, a ie , di tE. In I, 'a the r-h,p, 1 V ,I h County of and State of Colorado of the second part: I • f ' fi^ I sal T\1i5 l'11.1'Ls:the aid \' yy v J party of the first Dart,for and in comiden.4on of the sum of n j r. r p-on(' n e Te J r,: t.housa,,IOOf1.A715. .:0 p •Ih fit Ir 4' r. to the said Party u, We ,.rat part in hand psi.' •e by the said party of the vond perthereby receipt whereof is a its k,_, I' I conftwani and.,tnuwlednd, he, granted,la:saint I,sold and conveyed and y these preeenta does grant bargain, •.r - (p !.1 �" •g „ 'I ,ell, t.n.rey and cmdinn unto tie said party of the second part h a heirs end assigns forever, all the following ! $•�t Sa described 1st or parcel of land.situate lying and being in the are f P t,, �'• County , '1'! and State of Colorado, town' O .1 r`j.. Lt., ] I,'L,vn ' _ _kiy > 1 S LL R� ''f l' o d.�y H: Ltf 44R jO ya AAA 1a E T, f ), u �f1 1' z 4.r y . :S1S h�•'tl.,f.,xr rol:FTU ER auk all end singular the hereditament• and appurtenances thereto belonging, o anywise I x y . ,.a≤. •ppertenine. and the revenlor •id m coder end remainders,rents issues •nd profits tae..-coq and all i •y y - the ealate, neht title, Interest, coin, and demand whatsoever of the said ebt �;fYparty of the fin[ part, either in law ,} t s or to sty,rl,in and to the above bargained premises.with the hereditament' and appurtenances. [d s+- I r{ f1Ae(} I TO IIAI F:AND TO 1101.1, the laid pt!mice, above bargained and described, with the Appurtenan<ee, unto the I 2�cam.Ix i y � ,a. caul perry of the.nand Dart hie hein and cairns forever.And the odd part ( he 'i.e pert,for himself,6e, hein, I a� ;v�. sb t?: executors,and •dminatnD n does covariant.grant,large m,and•nee to d',nth the said party of the second Pall. s t J: ha Lela and mitres.that at the same of the cowling and delivery of the, „' presents,be is will seined of the prem,an $r CD *hose conveyed u of IVW,aura,perfect.absolute and Indefm,hle estate of w.,ernanee. i.e. law. in fee simple, and „e ait wy:e a _.l `e,� has rood right,full power and anful authority to grant, bargain,cell and convey the same in manner and form a „, L;ir aforan.,d aril that the ..mr am free vd clear from all former and other mote, barairu, sales. lien.. tile*. fit • .F s ye, ..ee.m.n 1. end .soar r.Lnnrs of whatever kind or nature Rover, except Ge"e.^31 taxes. 'Cr 12%1} j) a •he •f"cr lc''', and suhseluent years; easements,: encuttrance I }....x-,/,',.-.04-l{ a k Gi �r�t r,c Clmu. rc cu�cl area except mineral re serva:tons cf record . 4 I ) XV :ti.-/-.4.1.‘11.::;„.....' 1f l,A �axIxt-ea gd rl 'f:I: J 4' if of t+y td .e r.. and the •Lave bargained premises In the quiet and peaceable possession of the said party of sale second part,he,heirs S{Q:\i4•., , end assigns.`sins all and every person or pervam lawfully claiming or to claim the whole or any Mn thereof, the u Raid petty of the fist part shall and will WARRANT AND FOREVER DEPEND.The singular number shall Include J �' ytl. h+'. .4 the plural the pb,nl the ungula r,and the use of any gender shall be applicable to all genders. lb/t� 4g..1; is w ffNP45 WHEREOF. the old patty of the brat pert he,hereunto set hit rand and seal the day and year 3 1 Rg' f� _,yt rant.hoar written. / % -4.}•f 44_ #1 J' 7,'"1.e `I 1C F. !C ti.._.ISF'wL] Jo �i -.:X‘4-.4-ti •�`, _ A PVT t; R :..TPA L'talAR teay} k�t .. IS I d'..4"'•'•. � ? ,w f q/ I , -/--..4,,,,-z__. eIt qc'` f J y1� II ___ 7 r ar(,L Lo I\' JseAl.l vkr'ts. 'XI.,.,:/..b.. '1 3. Oil, STATE OF COLORADO t, I I h $4 4'''of. : l" r , $3 e G A; ", ;:••.:(4.;.".... County of Jellerr•on , i A 4747 r r1 i . WARY derVA:41"i' 1n3 cri.ary in Ray ';trnuvhun and Jimmie .1ce Gtra Irhan 4tt44y. // Ira` 3. H y 1 F .• r. ..'.Xr •oewnielun expire. NC's E liob 1 1 [ , e Z 1 . Ip /y Throws my end f tml •eat. E Yq py t, i t h"Id trir;i p/ y, 7 .t s �yf 1 /./i(..L.L !I .f..`..._L1L1..�_..�. .._ .. _ ft`i+et f. C #J lrl d' 14,1a. II N�M1ala. � ,`1' k . �Z�rr -' J l '4.`"i; i ,+70 i.cci — — _— ! f3 eat:: ')'' t Ne. MA. w..a IYTT Dt W._ .e glatyryaY ao•et—eeHIeN g.YDever. 14rF ',5,1--:m,' +t.I.r assns tuna•Mart tY...D.. o.s�•.._a.n �%itiY:k: 881022 >:e. ";:e..,;••••,e- • -.,•••••.- -1 rt ] 4 , • t. • .• Y dtsx i •: }°� ' a^ fx4 Tj' t r_i. b ...i s s i,,. t w � ••••1•.•:,;•11.••,•••••:441-4„- t y•„ fs !4 r c o i,`�,4 " ( o. vs • r + i L�1 } �a it'fl}. t FTa n S ti,Q� Y -.st r l 1 1, f t S 4.4 X 14'5 L .11, 171, t;It i h<'1 kC,4,4:p i 'i e f s P,: '.',Zi.,� 11 1 e f ;S s .7. •472 \ tia�l 1 M1.5 . r !, ` 174 x .0 i 0.311.4,4•::;:a1.21 ry w �i', :' ( / Ll-0:014..',ir !4 ° �'t, s ��tS (•y.` t " t' Ts ' 'f� i c' �y}�i <5 t ""G•. t� "i�: " 1. 14 °f (L tar.”, ° s, 4 L°t viy4 h • •,bit, s4yx) 4, + .', I _I`� i ',Y! r1 q:•:•••••%.' '�Fa+. 'ri yq'� '3- sl x(3: • �.,q.F N.S.. {' -,, n^ s ,, ;; ,1.;! 4z:• k'^� y. '� ` .q�-��..,�*F4 r �( 4^1 d{kph';• f4M•.j s :�`f.Pis�,�) f^1 1".j , ..1: :' , r '�. �,. x Pi ,,, r s e <. .k. i5S.9262 �iy,r ' 4 fib o� • .+PI tIi ,i? = 1 I YI .I'.IT cc ° ! p ' p'.1 A 4 Vl +� Fm' q; I That part of the North one-half if the Northeast one-quarter of hl tl { k� Section 3 , Tons hip 1 Forth , Monte 68 vest of the 6th. P.n,f- P.j 1.a County of ',rid , State of Colorado , more particularly described 1 . as 'ol lows : j; 2 the - Ilegtnntng at the Southwest corner of said North one-half of Northeast one-quarter ; thence lord- 00°25' 30 ' Past, and alone tl•e. ?, n ' 626 Lest lint of said North one-half of the Northeast one-quarter 1258. t "'e of vwi 41 feet to a point on the Southerly line of State Highway No. 52 ' F thence South Pn°59' 25 ' Fast and along said Southerly line 664 ,02 glt4,{eaTii irfr. k feet; thence South 00'25 SU West , 389.64 feet; thence South 85° , 00' 47" East , 1603.74 feet to a point on the Westerly line of In`er- " c� rkr tt. irate Ilinhc:nv ho. 25 , thence South 13°13 11 Y' last and aloe? said �A �..._ 1'".' sane e line 006,41 feet; thence South 00°35 00 ' West and aloe„ ss -• salt. cis Lath• line I03.7R feet to a point on the South line of = .='I 2,. 1 4::::a North one-half of Northeast one quarter; thence South 8`_1° 15 .n y ''-2' }r /. v c Kest and along said Louth line '_JU 5 . 89 feet to the P01 •T fiP I10F1 ' L.(`saN (-, x5 f ;t° N I:!G; �- $ , 1$11,44;44•1!: q., °f 11ACFPT parcels of land conve ed to The Ilepartnent of Ui, hways , i tEielt 72°""i•': State of Colorado, by deeds recorded April 5 , 1957 , in nook 1475 13 vi,1_. Ua,4 e._ g age 484 , and (look 1045 at Pape 168, Weld County Records . ,A pq /3'iiF203 ,rt" a' Grantor's reserve an easement for ingress and egress aver the follow- �'Y yt . 2 `• inc described real property , a part of the aforementioned parcel . . + 2 " fir°" ;aid tasereent shall no loncer be in effect in the event the folios- f q't inp described real property is dedicated to a mc.ntcina1 entity for f'l ' F frg use a5 a puhl ie thorou ph(are . '7` 1 qc t A part of the North one-half of the Northeast one-ouarter of Section }}�. 7 41 t5 4 , i 7 3, Toc:nship 1 Forth , Range 68 West , of the Sixth Principal -'eridar-, f t A.,: 74 . Count" of Weld, State of Colorado , more particularly described as g�, it ., .: ' f e l l oa's t r t e EyState Highway P.o. St y 52 p lcate at a point dons the Southerly line of ' .. c 52 located Sou 604.02 feet Vest of the West line of said h North one-half ; ii :11.4 •` '• _ , thence South Ull°25 ' 50 ' hest , 41;.05 feet ; thence south 95'011' 49" 4 g,Ay , Ngiiht. fast , 1015 .72 feet; thence South 13°13'02 ' Past , 555. 7_ feet ; thence Zk: " , > +- South 85°00' 49" Last, 63, 16 feet to the Westerly line of Interstate �f " Ft •° Highway .':o. 25 ; thence Worth 13°13'02 West along the Westerly line dit �I -' of Inte rs La to Ihighti,ay ho. 25 , LC5 .41 feet; thence North 8S°011' 49 ' d..- 'i 4, ^ 1 �S._ West , 1603. 74 feet ; thence North 0I1°25' 50 Fast, 389.04 feet tot the � ? d ww • \ Southerly line cf State Highway No. 52 ; thence North P9°39' 25 y adf( ' 6 �al �'l�; along said Southerly ] inn 60.110 feet to the point of bepinnine. { e .," Y' e �� _ , ° r v 5„ r , .i _ it .. , 4 4 T` £ fy '<S r f,r et y • / r • j, yhilti•i `: - - 881®22 '' , 6 ' ' ' B- 1052 REC 01992419 12/ 18/84_ 1.4 : 44 $6 . 00 1 /002 _,--7- F 2136 MARY ANN FEUERSTVTN CLERK & RECORDER WELD CO, ' CO IL AR1992419 QUIT CLAIM DECD RECORDER'S STAMP Tills DEED, Made this- 9th day of September , 1984 , . between JIM1IE JOE STRAUGIAN and MARVIN RAY S'I'RAUGIIAN, I Tenants in Common li of the 'County of Jefferson and State of l Colorado, grantor(s), amiENVER R. MANNON and BILLYE Y . MANNON I I - I' whose legal address is 7825 West 106th Ave. , Broomfield , • • of the County of Boulder and Sl ale of Colorado, granted s). WITNESSETH,That the grantor(s), for and in consideration of the sum of 1 1..:__ONE -- DOLLARS 0 the receipt and sufficiency of which is hereby acknowledged.ha remised.released.sold, conveyed and QUIT CLAMMED, and by these presents do remise, release, sell, convey and QuI'r CLAIM unto the grantee(s), their heirs, successors and assigns. forever, all the right, title, interest, claim and demand which the grantor(s) ha in and to the real property. together with I; improvements.if any,situate,lying and being in the County of Weld and State of I Colorado, described as followsr rights of ingress and egress over a part of the North one-half ud of the Northeast one-quarter of Section 3,-`Township 1 North, Range 68 West of ihq Sixth Principal Meridian , County of Weld , State of Colorado, more particularly 'described as follows : Beginning at a point along the Southerly line of State Highway No. 52 located 604 .02 feet East of the West line of said North one-half; thence South 00°25' 50" , West , 415 . 05 feet; . thence South 85°00'49" East , 1615. 72 feet ; thence South _ 13°13' 02" East , 555. 72 feet; thence South 85°00' 49" East , 63. 16 feet to the Westerly line of Interstate Highway No. 25; thence North 13°13' 02" West along the Westerly line of Interstate Highway No. 25 , 606.41 feet ; thence North 85°00' 49" West , 1603. 74 feet; thence North 00°25 'SO" East, 389.64 feet to I' the Southerly line of State Highway No. 52; thence North 89°39' 25" West along said Southerly line 60. 00 feet to the point of beginning. I. Il - 'I ;I also known by street and number as: jI TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in H anywise thereunto appertaining,and all the estate,right,title,interest and claim whatsoever,of the grantoris),either in law or equity,to I' iI the only proper use, benefit and School of the granteels), their heirs and assigns lorever. IN WITNESS WHEREOF,lire grantot(s)ha executed this deed on the date set forth above. ii 4 � 1 � RAUGIIAN MARVIN RAY AUGHAN f 44` • ca t_\1Q . ._ �..'.•p U , ,,. lAl'EOP C0LORAD0, o _ l I. ss. II ....1/e, ' ' '-, • /County of Jefferson 11 The,(1:ruaing'dsuvmcnt wits acknowledged before nu:in the county of Jefferson .. State of COLORADO , this 25th day of September . 19 84 . '; nine Joe Straughan My commission expires March 13, . 19 88. Witness my hat,d and dlicial seal. /// Now), ..N „ i t gy 1420 hie St. , Lakewood, Co'. , 80215 Ii 'If in Denver, insert"City and." Il No 9}3. Pan. I-84. Vert CLetnt DEED 11 nb,d l'uhliihi,ig.5821 w f l Ave.r,4wuN,co aon t _O0.1i 11).6.ni .881 2? •t • • ,► • 0 • J i.cn J Str aughan 13235 Winfield Place Golden Colorado, 60401 ' • September 11. 1988 Hr. Arnold 'fur-ner-. Turner Real Estate Co. • 425 Cnffmann Street Longmont CO B0501 Dear Mr. ]'t erne?r•: This i. F :a follovk up to our telephone conversation of Friday September 9, 193[T. At the time of the sale of the property at 1-25 and Colorado Highway 52 to the Futura Horse Village partnership , we reserved r_a 6C foot easement over that property to provide a means of access to a parcel of commercially zoned ground immediately east of the Skelly station which at that time was land locked since the Colorado Department of Highways had control of access frc:rin both the 1-25 frontage road and Colorado Highway 52. The subject commercial tract was sold to the Manni on 's and prior- to closing that transaction we were able to obtain better access to the parcel by getting the Colorado Highway Department to qui t claim their access control along the I--25 frontage. road. When the new access was obtained for the :sub iect commercial property, the need for an easement ceased to exist in my mind. In any case, the ownership of the land under the easement went to the Futura group at the time of that sale. The only interest we could have conveyed to the Nanni on 's would have been a right of access over the easement whi ch is all we owned at the time of the Marini on sale. I hope this helps define our intent • and understanding of the history of the prope_r₹_y. Sincerely, Jim ..J. f tr..augh.n SEP 1 4 1988 881022 tf0ltl Ci PInu,li,ls mrnrs�w� DATE: September 19 , 1988 TO: The Board of County Commissioners Weld County, Colorado FROM: Clerk to the Board Office Commissioners: If you have no objections, we have tentatively set the following hearing for the 26th day of October, 1988 , at 1 : 30 P.M. Docket No. 88-58 - Site Specific Development Plan and Planned Unit Development Plan - T raly Partners OFFICE OF THE CLE TO THE BOARD BY: 027,2", Deputy The above mentioned hearing date and hearing time may be scheduled -on the agenda as stated above. BOARD OF COUNTY COMMISSIONERS WEL n/OUNTY, COLORADO yKlJ ft 7",it/c..t e Y' p 881022 Summary of the Weld County Planning Commission September 6, 1988 Page 6 APPEARANCE: Ron Maynard, President and owner, Rocky Mountain Railcar. The missiles are only concrete to test the strength of the railcars which may carry MX missiles. There will be three launches and one ejection test. They have approval to conduct these tests from the State Air Quality Control. He presented a video tape of launches and ejections that are similar to those that will be conducted on this site. The tape was retained as evidence. Tape 330 - Side 1 The Chairman called for discussion from the members oT the audience. There was none. The Chairman asked the applicant if he had reviewed the recommendation, conditions, and Development Standards as outlined by the Department of Planning Services' staff. He stated he had and does not anticipate any problems in complying with them. The Chairman asked that these documents be filed with the summary as a permanent record of the proceedings since there has been no opposition to this request from the audience. MOTION: Ann Garrison moved Case Number Amended USR-821 for Rocky Mountain Railcar, Incorporated, for a Site Specific Development Plan and a -Special Review permit Tor a railcar repair, maintenance, and missile testing site be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for approval based upon the recommendation, conditions, and Development Standards as presented by the Department of Planning Services -staff and the testimony presented. Motion seconded by LeAnn Reid. The Chairman called for discussion from the members of the Planning Commission. Discussion followed. Ehe Chairman asked the secretary to poll the members of the Planning Commission for their decision. Ann Garrison - yes; Ernie Ross - yes; Jerry -Burnett — yes; Ivan Gosnell - yes; LeAnn Reid - yes; Bud Halldorson - yes. Motion carried unanimously. CASE NUMBER: S-295 APPLICANT: Braly Partners, c/o Arnold Turner -REQUEST: A Planned Unit Development Plan LEGAL DESCRIPTION: Part of the NZ NE1 of Section 3, T1N, R68W of the 6th P.M. , Weld County, Colorado LOCATION: South and adjacent to Colorado Highway 52 and west and adjacent to West I-25 Frontage Road. > c C 881022 Summary of the Weld County Planning Commission September 6, 1988 Page 7 APPEARANCE: Arnold Turner, Broker, Turner Realty, Longmont, Colorado, represented the applicant. This is a Planned Unit Development plan for a commercial and industrial PUD. They have spoken to Lee Morrison and Rick Dill, Undersheriff, and forming a law enforcement authority would not be feasible. There will be not any residences, so an election would be impossible. Law enforcement will be on a call/response basis. They have reviewed the recommendation and conditions and are willing to comply with the staff's recommendation. The Chairman called for discussion from the audience. Ralph Mannon, surrounding property owner, discussed an easement granted him in a quit claim deed. Lee Morrison retained a copy of this document for review. However, it does not appear that what the Planning Commission is asked to act on would affect Mr. Mannon's easement. The Chairman asked Rod Allison to read the recommendation and conditions set forth by the Department of Planning Services staff' into the record. Rod Allison called the Planning Commission's attention to the condition which states "the requirements of the Weld County Sheriff's Department shall be met." Tape 330 - Side 2 MOTION: Ernie Ross moved Case Number S-295 for Braly Partners for a Planned Unit Development Plan be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for approval based upon the recommendation and conditions presented by the Department of Planning Services and the testimony presented. Motion seconded by Ann Garrison. The Chairman called for discussion from the members of the Planning Commission. Discussion followed. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Ann Garrison - yes; Ernie Ross - yes; Jerry Burnett - yes; Ivan Gosnell - yes; LeAnn Reid - yes; Bud Halldorson - yes. Motion carried unanimously. 881022 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Ernie Ross that the following resolution be introduced for passage by the Weld County Planning Commission. Be it Resolved by the Weld County Planning Commission that the application for: CASE NUMBER: S-295 NAME: Braly Partners, c/o Arnold Turner ADDRESS: 3600 Highway 52, Erie, CO 80516 REQUEST: A Site Specific Development Plan ,and a Planned Unit Development Plan (PUD) LEGAL DESCRIPTION: Part of the N1 of the NE1 of Section 3, TIN, R68W of the 6th P.M. , Weld County, Colorado LOCATION: South and adjacent to Colorado Highway 52 and west and adjacent to West I-25 Frontage Road. be recommended favorably to the Board of County Commissioners for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 28.9 of the Weld County Zoning Ordinance. 2. The PUD Plan application is in conformance with Section 28. 13 of the Weld County Zoning Ordinance as follows: - The proposal is consistent with the Weld County Comprehensive Plan. The proposed PUD Plan is located within an I-25 mixed-use development activity center. The uses proposed for the PUD Plan are consistent with the uses described on pages 45 and 47 of the Weld County Comprehensive Plan. - The PUD Plan conforms to the PUD district in which it is proposed to be located. The Utility Coordinating Advisory Committee reviewed and approved the utility plan map at a meeting on August 25, 1988. - The application materials demonstrate that the uses which would be allowed under the proposed PUD Plan will be compatible with existing and future development of the surrounding area and also with future development as projected by the plans of affected municipalities. - The application materials demonstrate that the uses which would be allowed under the proposed PUD Plan on the property conform to the performance standards outlined in Section 35.3 of the Weld County Zoning Ordinance. � x 681022 B Braly Partners, c/o Arnold Turner S-295 Page 2 The PUD Plan is partially located in a geologic hazard development area. Approval of a geologic hazard development permit is required prior to building permit and site plan approval on affected lots. No other overly districts affect the PUD Plan. These determinations are based, in part, upon a review of the information submitted by the applicant, other relevant information regarding this request, and the responses of referral entities who have reviewed this request. The Planning Commission's recommendation for approval is conditional upon the following: 1. Prior to recording the PUD Plan plat, a program to control weeds and other vegetation within the PUD Plan area shall be developed and approved by the Boulder Valley Soil Conservation District. A copy of the program shall be delivered to the Department of Planning Services. 2. Prior to recording the PUD Plan plat, the plat shall be corrected to show a minimum centerline radius of 200 feet for the centerline radius of Futura Drive at the southwest corner of Lot 3. 3. The following notes being placed on the PUD Plan plat: - The street located within PUD Plan is private and shall be maintained by the owners association and property owners as described in case S-295, on file with Weld County. Future access to the private street shall be granted to subsequent off-site developers using the formula provided in Section 11-2, of the Weld County Subdivision Regulations. - Prior to issuing building permits, approval of a site plan review on each lot is required in accordance with Section 33.4.5, of the Weld County Zoning Ordinance. - The requirements of the Longmont Fire Protection District shall be met. - Septic systems shall be used for sanitary effluent flow only. No industrial or commercial flows to septic disposal systems shall be allowed. 881022 Braly Partners, c/o Arnold Turner S-295 Page 3 - Occupied buildings and outside areas shall set back 150 feet from existing oil and gas wells and 200 feet from tank batteries and fired vessels. - Lots 6 through 16 are located within a geologic hazard area and subject to compliance with Section 42, Geologic Hazard Overlay District, of the Weld County Zoning Ordinance. - The requirements of the Weld County Sheriff's Department shall be met. - Outdoor storage shall be screened from I-25 and Colorado Highway 52. This does not include parking areas for company vehicles, visitors, and customers. - Covenants are recorded for this PUD Plan. Each lot owner will be responsible for complying with the covenant requirements. - The PUD Plan will be developed in two phases. A subdivision improvements agreement may be approved for each phase. Final approval of a subdivision improvements agreement is required before site plan approval on each lot. Motion seconded by Ann Garrison. VOTE: For Passage Against Passage Ann Garrison Ernie Ross Jerry Burnett Ivan Gosnell LeAnn Reid Bud Halldorson 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. 881022 Braly Partners, c/o Arnold Turner S-295 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 September 6, 1988, and recorded in Book No. XI of the proceedings of the Planning Commission. Dated the 7th day of September, 1988. Bobbie Good Secretary 881022 INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION Case Number � 5 J Submitted or Prepared Prior to Hearing at Hearing 1. 1 Application19Pages 2. j Applicant plat(sMpage(s) 3. DPS Referral Summary Sheet 4. DPS Recommendation 5. DPS Surrounding Property Owner's Mailing List 6. DPS Mineral Owner's Mailing List ✓ 7. DPS Maps Prepared by Planning Technician 8. DPS Notice of Hearing 4/"-- 9. DPS Case File Summary Sheet 10. DPS Field Check 11. Memo VmH) cc-Lei-04 g1IIe/ ✓ 12. pn r m o , as. ; 1 ', H;A ,i 61/1/ - 5 // ✓ l ir lei purcw, fAer:11 % dOFA.(-e- Te-/et 15. 16. 17. 18. 19. 20. 21. 1 hereby certify that the 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 . 2/1°.:" Current Planner STATE OF COLORADO ) COUNTY OF WELD ) SUBSCRIBED AND SWORN TO BEFORE ME THIS t - day of r3 Arow.1 .x, 19 %'t . SEAL mL NOTARY UBLIC My Commission Expires My Commission-Expires Feb. 13, 1989 851022 &I t l� o22 X / �tb,1L , `` // �� J EXHIBIT J INVENTORY^ -CONTROL SHE E T Case cC,t_ ' &1 fra T/lXl� Cl� at-4-44-P4- WAP1A/ -Exhibit Submitted By Exhibit Description 9h..1 A. - E 2 -12/fiID • g/O B• rx, 96j1 C. j 9/19 D. Piak d-ea diete, 'I//9 E. ( Lt/Lk �o SIA/34- `i1 .0 752-C fr F• i 9/.CLv' S�'�-�//i --222167-9220--• 722rY G. H. Z. -J. K. L. M. N. 881022 0. LAND-USE APPLICATION SUMMARY SHEET Date: August 16, 1988 CASE NUMBER: S-295 NAME: Braly Partners, c/o Henry Braly, (Futura Park North PUD) ADDRESS: $600 Highway 52, Erie, CO 80516 REQUEST: A site specific development plan and a planned unit development plan; 1st filing LEGAL DESCRIPTION: Part of the Ni NE} of Section 3, T1N, R68W of the bth P.M. , Weld County, Colorado LOCATION: South and adjacent to Colorado -Highway S2 and west and adjacent to West I-25 Frontage Road Planning Commission Function -To make a recommendation to the Board of County Commissioners according to Section 28.13 of the Weld County Zoning Ordinance. Project Overview The application is for a 16 lot final Planned unit development plan subdivision. The range of uses which could occur within the subdivision are C-3 (Commercial) uses as listed 1.n the Weld County Zoning Ordinance. Size of parcel: 49.6 Acres, _more or less Number of lots: 16 Average lot size: 3. 125 Acres, more or less Water: Left Hand Water Supply Company will provide domestic water. Access: One access from Colorado Highway 52 and one access from West I-25 Frontage Road. Parking: Parking will be accommodated on each lot according to the Weld County Zoning Ordinance. There is no on-street parking. Street: Privately built to County standards and maintained according to covenants. 881022 Land-Use Application S-295 Page 2 Landscaping: Each lot will meet the C-3 (Commercial) requirements for landscaping according to the Weld County Zoning Ordinance. Fire protection: Longmont Rural Tire Protection District -serves this location. Police protection: Weld County Sheriff's Tepartment will provide public protection. Open storage: Open storage As permitted, but must be visibly screened from I-Z5 and Colorado Highway 32. Possible issue: The screening xequirement for open storage should he clarified with a note on the planned unit development plan plat. Specific referral agency comments are included with this summary sheet. The Department of Planning Services' staff has not received any objections to this proposal. 881022 - Apo •4 .— i ® ? v �r 49 . , e • I_ _ t 1- 38 • °, fff�°�(.\\\'�-/'///(�/////x'tl I •_ ,,. F'•' I c Fy 36 - :: � •O q I t ,rl , • • (2.• (mod J`• •32 s'zar il •l ---- — • i — ) .li I1 . . � �. : p.. I I 's ` xz • �� is ,� E 'L,• . I ° .., • x'. ` • � •..1 .°' r— "f' ( 4\ • • •2 et •30 `' ° .q C I..• ro:.::".°0 s • •° / I� •�' 5 F [tex 2. 1 ] xe • xs t i •x✓ nom--C zt . xsI >o 25 ' � Sp'�n®]Wry.CSam^ S]S p FCp Q ss• dGR90UR 'ONOST ,. ' V.^° i/ . . eC CJ • c l _ k , �j • _ z .77 rld `I Y©i � 1p �/ �� , ;�- s ; •// 1 . \ • x •.cr vz • °. �j '•0 •' \ l, • • �/ Al OCNaMT[ •5 Sur, \ I , 'Pi••22 ., „„as . IA :1-5r� cacti l� r ? i.ou..1 an ..� \ 1 t/ 1, 1 •ice R 2d .. 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'its }f ,L t*t.}k�i , - , • . r„ f gf1F 2'-n.� M `.: .-.4 r s '� „ .. >' ,::-....,,,/...,......„,„,.......,,,,.. N s , " e r 4 � I lit I _ _ . . " ' w. — r 1 !' F ' , J1022 1.. r r F C.'i4Ft3. , i n FIELD CHECK FILING NUMBER: 8-295 DATE OF INSPECTION: August 20, 1987 NAME: Braly Partners, c/o Henry Br-aly, (Futura £ark North PUD) REQUEST: A site specific development -plan and a planned unit development plan; 1st filing LEGAL DESCRIPTION: Part -of the Nj NE of Section 3, 71N, R68W of the 6th P.M. , Weld Iounty, Color-ado. LOCATION: Approximately 2 mile west of the Town of Dacono; south of State Highway -52 and west -of 1-25 LAND ESE: N Frontier Materials, open storage, Phillip's 66, park and ride, Highway 52, and agricultural production E 1-25 Frontage -Road, I-25, and agricultural production S Agricultural production W -Agricultural production ZONING: N C-3 (Commercial) and A (Agricultural) E A (Agricultural) A (Agricultural) W A (Agricultural) COMMENTS: The property contains the following improvements: - 2 beam pumping units, oil wells, and meters; 1 irrigation lateral; and - 1 single family residence and outbuildings. The balance of the property is in agricultural production. Access to the property is -proposed from State Highway 52 and the I-25 Frontage Road. An access from a commercial lot in the southwest corner of 7 25 and State Highway 52 exists to a 6D foot access -easement on the subjects property. This access easement is known as Outlot A and is located on the northern property line of the sketch plan map. An access onto the I-25 Frontage Road exists to an oil well located in the northeast corner of the property. Another access road to an oil well located in the -southwest corner of the property, runs to the western property line and then runs south to state Highway 52. A single family residence is located in the northwest corner of the property. This residence also has an access onto State Highway 52. n By: //lit; 7// /lay.-i Rod Allison Principal _Planner 881022 REFERRAL LIST APPLICANT: Braly Partners (Futura Park North PITD) CASE NUMBER: S-295 SENT REFERRALS OUT: August 10, 1988 REFERRALS TO BE RECEIVED BY: August 23, 1988 NO SR NR X Lee Morrison Assistant County Attorney X X Weld County Sheriff's Office Rick Dill, Undersheriff X Weld County Health Dept. X Engineering Department County Extension Agent X Office of Emergency Mngmt (� Ed Harring X X -Left Hand Water Supply Company c/o Jim Dicky P.O. Box 210 Niwot, CO 80544 X X State Highway Department Attn: Wally Jacobson P.O. Box 850 Greeley, CO 80632 X X Longmont Fire Protection District c/o Bill Emerson, Fire Marshal 9119 County Line -Road Longmont, CO 80501 X Longmont Soil Conservation Service X 9595 Nelson -Road Box D Longmont, CO 80501 X Tri-Area Planning Commission Attn: Rebecca Marker P.O. Box 363 Frederick, CO 80530 X Panhandl-e Eastern -Ripe Line Lo. c/o Ken Neff 635 North 7th Avenue Brighton, CO 80601 NO=No 0 jection SR=Spec fic Recommendations NR-=No Response p 5V1022 REFERRAL LIST APPLICANT: Braly Partners (Futura Park North -PUD) CASE NUMBER: S-295 SENT REFERRALS OUT: August 10, 1988 REFERRALS TO BE RECEIVED BY: August 23, 1988 NO SR NR XX Louis Rademacher Planning Commission Member 13184 Weld County Road 13 Longmont, CO 80501 X X Colorado Oil and Gas Commission c/o Bill Smith 1313 Sherman Street, Room 721 Denver, CO 80203 NO=No Objection SR=Specific Recommendations NR=No Response 881022 �r DEPART IT OF PLANNING SERVICES `F (� PHONE(303)356-4000 EXT.4400 s 91510th STREET 'y ['�'�-'y 1y �J GREELEY,COLORADO 80631• ro aF ,r ,� 4:-'. \112116 O �TL1U AUG 11 REtv *' s CASE NUMBER S-295 COLOR A Yield to. IN n;;ui; W,. y .u. August 10, 1988 TO WHOM IT MAY CONCERN: Enclosed is an application from Br-aly Partners (Futura Park North PUD Subdivision, First Tiling) for -a Planned Unit Development Plan. The parcel of land is described as part of the Ni NE} of Section 3, Till, R68W of the 6th P.M. , Weld County, Colorado. The location of the -parcel of land for which this application alas been submitted is south and adjacent to Colorado Highway 52; west -and adjacent to I-25 _Frontage Road (west) . This application is submitted to your office for review and recommendations. Any comments or recommendations you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the -proposal and will ensure prompt consideration of your _recommendations. Please reply by August 23, 1988, so that we may give full consideration to your recommendation. Please call Rod Allison, Principal Planner, if you have any questions about this referral. Thank you for your help and cooperation in this matter. Check the appropriate poses below and return co our address listed above. 1. We have reviewed this _request and find that the request (does/does not) comply with our Comprehensive Slam for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. We have reviewed the proposal and find no _conflicts with our interests. 4. >< A _formal recommendation is under consideration and will be submitted to you prior to: 52te 69 ../49b29 5. Please rrefer to the enclosed letter. leet Signed. r� a 7/1''L6"-CeL Agency: Gv�./..ne ,- '!tc" , ' Date '✓` Fl $$1ozz a NMI Boulder Valley Soil Conservation District 9595 Nelson Road, Box D - Longmont,Colorado 80501 0 August 15, 19_88 AUG 1 6 1988 Ylewd Co. P►anaiRE CnmmissIOI Mr. Rod Allison, Planner Weld County Department of Planning Services 915 10th Street Greeley, CO 80631 Dear Rod: This is regarding the Futura Park North PUD located south of State Highway 52 and west of I-25. According to the soils maps, the soils are very limited to building and septic system development. An engineering design should be requited for both. Weeds are becoming a major problem in this area. New construction areas and small unkept areas around urban areas can become a major seed source far a large area. A plan needs to be developed to show how weeds will be minimized in the area before, during, and after construction. Sincerely, diL7246#"- Barry L. Sinkey President BLS:rah 881022 CONSERVATION - DEVELOPMENT - SELF-GOVERNMENT CSTATE OF COLORADO ( , OIL AND GAS CONSERVATION COMMISSION DEPARTMENT OF NATURAL RESOURCES SUITE 380 LOGAN TOWER BUILDING WILLIAM R. SMITH 1580 LOGAN STREET Director DENVER, COLORADO 80203 DENNIS R. BICKNELL ROY ROMER Deputy Director (303) 894-2100 Governor August 19, 198 Weld County Department of Planning Services 915 10th Street Greeley, Colorado 80531 Attn : Rod Allison Re : Case Number S-295 Gentlemen: We appreciate the opportunity to review subject application. As indicated on the sub-division plat dated -July 23, 1988 there are two existing oil wells in the proposed area of development . Both are operated by Amoco Production Company producing oil from the Sussex—Shannon formations . One is on Lot 8 on the extreme north edge and the other is on Lot 15 on the west central side. As we have mentioned several times, we think oil and gas operations and sub-division development are compatible and can coexist in the same area. We do feel that certain restrictions should be imposed by both OGCC and the county which are compatible and reflect the o-pinions of experts in the field . we would therefore recommend that the county impose certain restrictions that are compatible with ours with regard to set backs. Our 32ule 603 a . Requires that a well be located a distance of 150 feet or one and one-half times the height of the derrick, which eves is greater, from any occupied building . Even though these wells have already been drilled there may be need to have work-over operations in the future and we would recommend that you require occupied buildings not be constructed closer than 150 feet to these existing wells . Our Rule 604 a . (3 ) and b. ( 5 ) provide that tanks and fired vessels be 200 feet from residences, normally occupied buildings and well -defined normally occupied outside areas . Occupied buildings mean offices, assembly halls and the like and normally occupied outside arras mean parks , baseball fields and the like. We would recommend that Weld County consider imposing similar restrictions on buildings where appropriate. 681022 C - With respect to the last two, Rule 604 and possibly the set-back provisions, it is possible that the two parties could negotiate waivers ; however, this must be carefully done since the responsibility and possibly the liability will probably pass on to other parties when the development is complete . In addition to the above comments, I should point out that there are other probable locations that might be capable of oil and/or gas production. Owners of those mineral interests underlying those lands should probably get notice of this proposal since once developed they would not be issued permits from this office if in conflict with the above stated rules . I hope the above comments will assist you in evaluating this proposal . If you have further questions or need additional detail please contact us. Yours very truly, PAS £ William R. Smith, P.E. Director WRS/clk 6043C cc :Mr . Neil Allen Amoco PRoduction Co. P.O. Box 800 Derive" , CO 80201 Mr. R.E. Justice Amoco Production Co. P.O. Box 39200 Denver, CO 80239 01 AUG 2 3 1988 weld Cu. Plauwnw sil Rifesrww 2 881022 OFFICEC OF THE ( JHERIFF MEMORANDUM TO Planning f)apartmont FROM Rd Jordan, .Sheriff ,�t DATE August 19, 1988 RE Futura Park The Futura Park PUD in located in an area of high growth potential along the I-25 corridor. As with any new development in this area, I have serious concerns supporting expanded service requirements without improvements in the ability to finance those services. Futura Park is no different. I will not support this PUD without the formation of a Law Enforcement Authority that could be used as the core for LEA expansion in the area when additional growth occurs. If an LEA is in place prior to the issuance of the first building permit, I have no objections to -Futura Park PUD. EJ:RD:lch AUG 9 198t' ilet4 to•Cl'a° 031022 ‘0NGM041.(I 1 *�wor - LONGMONT FIRE PROTECTION DISTRICT % *t o./ / 9119 County Line Rd., Longmont, CO 80501 (303) 772-0710 e-TEcri00 oy David Bierwiler Conrad Hopp Richard Hicks Mike Holubec,Jr. Felix Owen Wilbur Nuss --- Fire Chief Director Director Director Director Director 16 August 1988 Mr. Rod Allison Weld County Department of Planning Services 915 10th Street Greeley, Colorado 80631 Reference: Case Number S-295 — Future Park North PUD Dear Mr. Allison: All documents submitted with this application have been reviewed. It is quite clear that requirements of the Longmont Fire Protection District will be met. Therefore we do not have any objections to the development as presented. Sincerely, C William R. Emerson Asst. Chief — Fire Marshal WRE/w re cc: File o p.o-Aq AUG 1 8 1988 Wold Co. Plannme uoi nuss+ux 881022 DEPARTM' 'IT OF PLANNING SERVICES iGREE\- PHONE(303)3564000 EXT.4400 1‘ Atim 915 10th STREET \ LEY,COLORADO 80631 Ii • .irk £T-' Y ; '.'' • CASE NUMBER S-295 COLORADO August 10, 1988 TO WHOM IT MAY CONCERN: Enclosed is an application from Braly Partners (Futura Park North PUD Subdivision, First Filing) for a Planned Unit Development Plan. The parcel of land is described as part of the Ni NE} of Section 3, TIN, R68W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is south and adjacent to Colorado Highway 52; west and adjacent to I-25 Frontage Road (west) . This application is submitted to your office for review and recommendations. Any comments or recommendations you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the proposal and will ensure prompt consideration of your recommendations. Please reply by August 23, 1988, so that we may give full consideration to your recommendation. Please call Rod Allison, Principal Planner, if you have any questions about this referral. Thank you for your help and cooperation in this matter. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that the request (does/does not) comply with our Comprehensive Plan for the following reasons. c 2. We do -not have a Comprehensive Plan, but we feel this request -- ,1 (is/is not) compatible with the interests of our o 1 a .— town for the following reasons: I C3 SLR z w % . V We have reviewed lilt proposal and find no conflicts wit h our interests. Al! liL�_ &p I4,h� 2!/KS a I o /�i with cZCC [1--- Ui. omi �d A fo>-mal recommerdaton on is under consideration and will be submitted to you prior to: 5. Please refer pp to the enclosed letter. �� `� �p 2. 1�/� L f few cl Viler �� 2 Cnr lr"J Signe�L'm- //°� LL�2 �/„1�i Agency: � �� Date: f is ( / /9 g9 881022 G. l_, :) Affidavit of Publication I i STATE OF COLORADO) ` • - County of Weld) ss. I A. WRI?JKLER RIESEL of said County of Weld being duly sworn.say that I ' am publisher of PLATTEVTTI.R APRATiD that the same is a weekly newspaper of generali circulation was printed and published in the ---au--- tOaTt of PLATTEVILLE NOTICE OF PUBLIC HEARING In said county and state;that the notice of adver-' ', tisement.of which the annexed is a true copy has The Weld County Planning Com- bat published in said weekly newspaper for4 mission will conduct a public hearing an Tuesday, September � One 6, '988, at 1:30 p.m. to review a I consecutive request for approval of a site weeks: that the notice was published in the specific development plan and a regular and entire issue of even'number of said • planned unit_development plan, g for Maly Partners IFulurs Park newspaper during the period and time of publica- hptii.Puo Subdivision, First Fu- tion of said notice and in the newspaper proper Ing). The parcel of land is de- and not in a supplement thereof: that the first scribed as part of the N 1/2 NE 1/4 of Section 3, TIN, R68W of publication of said notice was contained in the the 6th P.H., Weld County, Col- issue of said newspaper bearing the date. the credo, containing 49.6 -scree, more or less. The property is lo- �� 17 dated. Q71 cm-di-D- 19 ceded south_and adlacent to Col- orado Highway 52; west and ad- lacent to 1-25 Frontage Road and the last publication thereof. in the issue of (west). said newspaper. date,the 17 day of The public hearing to be held bearing by the Weld County Planning Commission for the consideration Au pT 1 q t . 19 ARthat the said - at the above referenced request will be conducted In the Weld PLATTEVILLE HERALD Count RoomYFlrst Floor, County Weld Count has been published continously -and uninter- Centennial Center, 915 Tenth ' Street, Greeley, Colorado. Com- ruptedly during the period of at least fifty-two . mente or objections related to the ' consecutive weeks next prior to the first issue above request should be submit- thereof containing said notice or advertisement ted in writing to the Weld County above referred to: and shat said newspaper was Department of Planning-Services, 915 Tenth Street, Room 342, at the time of each of the publications of said notice_duly qualified for that purpose within the Greeley,-Colorado 80631, before meaning of an act entitled. "An Act Concerning the above date or presented at Legal Notices.Advertisements and Publications the 6, 1988. public hearing on September and the Fees of Pnnters and Publishers thereof. Copies of the application era and to Repealali Acts and Parts of Acts in Con• available for public inspection in flirt with the Provisions of this Act" approved the Department of Planning Ser• April7. 1921.and all amendments thereof, and vices, Room-342, Weld County Centennial Center, 915 Tenth particularity as amended by an ap.pproved. /`� Street, Greeley, Colorado, Phone March 30. 1923. and an ac( approved al 13./ 356-4000,-Extension 4400. 1931. ( 7. , / ' J (/ (�/ ! Ann Garrison, Chairman / �/ i• Weld County i ( .� l� / � I Planning Commission -(- ---7rrt ' Publisher -77 Published In the Platteville Her- 'q , aid, August 17, 1988. , Subscribed and sworn to before me this • day Dr ,y�twt An !� ilitkt—Lktf FORT LUPTON PRES:4 dt5 pU,vo, Ave, Fort Lupton,CO 80621 My epnlmis%ton cnplms �9./`?---"" 88i SURROUNDING PROPERTY OWNERS Braly Partners S-295 Lansons Farm c/o Mr. Ken Wilson 344 Lincoln Street Longmont, CO 80501 Francis X. McWilliams Cecelia M. Gorce Donna Schnitzen P.O. Box 161 Boulder, CO 80306 Mr. Thomas C. Wooley Ms. Mary Alice Billings FNB Longmont, Tustees South Star Route Lyons, CO 80540 Chrisand Investment Corporation 5720 North Washington Denver, CO 80216 Tico's of Lincoln, Incorporated 371 South 17th Street Lincoln, NE 68508 Joseph, Kathy, David F. , & Mick J. Naab 7693 Webster Arvada, CO 80003 Mr. James K. Iudquist Mr. Harlan Wagoner Mr. Ken Collins 1017 East Longs Peak Avenue Longmont, CO 80501 Denver R. Mannon Billye Y. Mannon c/o Ralph Mannon Route 3, 7825 West 106th Avenue Broomfield, CO 80020 851022 MINERAL OWNERS Braly Partners S-295 Amoco Production Company 600 South Cherry, Suite 915 Denver, CO 80222 ADDITIONAL COMMENTS BRALY PARTNERS, C/O ARNOLD TURNER S-295 The Tri-Area Planning Commission will review this proposal on September 6. Its recommendation will be forwarded to the Board of County Commissioners. 881022 m � n®RAnDUff IllikTo Rod Allison, Planning Date Se{ a 1, 1988 COLORADO From Drew Scheltinga, County Engineerk \� Subject: Futura Park, S-295 vim\ We have reviewed the material submitted and have the following comments: The drainage plan is acceptable as submitted. The internal roadways should be privately maintained and not be a part of the Weld County Road System. Both accesses are onto roads controlled by the Colorado Department of Highways. Appropriate approval by the Highway Department should be required. The centerline radius of Futura Drive at the southwest corner of lot 3 is supposed to be 65 feet. In my opinion, that would create too sharp a curve for an industrial park. The Weld County Subdivision Regulations, under Section 8-2, C(1), "Horizontal Curves", indicates -a minimum radius of 100 feet for local streets and a 200 foot radius for collector streets. Industrial parks are not specifically referred to. The American Association of State Highway and Transportation Officials Publication, A Policy on Geometric Design of Highways and Streets, 1984, indicates a minimum radius of 127 feet for 20 miles per hour and 302 feet for 30 miles per hour. I recommend a minimum centerline radius of 200 feet be used at this location. This would also match the centerline radius of the first curve to the east. DLS/mw:mrafp xc: Commissioner Yamaguchi Planning Referral File - Futura Park, S-295 SEP 2 1988 881022 Weld Cu. Planning Cnmmissiou OFFICE OF THE 9IERIFF MEMORANDUM TO FROM 11A11. Saptemhr r R- 19RR RE Fntnra Park Mr. Arnold Turner has been in contact with Lee Morrison of the County Attorney's Office regarding the establishment of a law enforcement authority pursuant to our recommendation for this development. Mr. Morrison told Mr. Turner that an LEA for this type of situation would be very difficult because an LEA was primarily suited for residential developments and not an industrial park as is this case. Mr. Turner contacted me and discussed alternatives to an-LEA and we agreed that a restrictive covenant regarding private security and specifying Sheriff's response on a call only basis would be satisfactory to meet the law enforcement needs of this development. I have discussed this matter with Sheriff Jordan and obtained his concurrence with the agreement. Attached is a copy of She letter and covenant presented by Mr. Turner as a result of our conversation. We therefore believe -that the law enforcement aspects of this development have been addressed. RD:lch cc: Sheriff Jordan oXE SEP 9 1988 Weld Co. Plaae1e8 Comissiao 881022 I ADDENDUM "B" to RESTRICTIVE COVENANTS for FUTURA PARK NORTH P U D Security and Law Enforcement. Weld County cannot provide regular patrol security for this subdivision. They can only provide call response coverage to this area. Should additional security, in the opinion of the majority of the business owenrs be necessary, it shall be provided by a private security company at the expense of the business owners, 1381022 ArE - 4 pot tin tug too* 004 `'9Md1Q 776-1105,J'.... LONGMONT, COLORADO 80501 August 31 , 1988 Under Sheriff Rick Dell c/o Weld County Sheriff ' s Dept. P. O. Box 759 Greeley, Colo 80632 Dear Under Sheriff Dell : Enclosed please find the addendum to the Futura Park North covenants we agreed to 8/31/88 on the phone . I hope it meets with your approval . If it does , we would appreciate your notifying Mr. Rod Allison in the Planning Department as soon as possible . Many thanks for your time and trouble . Sincerely t_ Arnold E. Turner TURNER, INC. OF LONGMONT AET:dr cc : Henry Braly Merle Johnson Rod Allison with Weld County Planning Dept. 1 ,.,.e FUMES - HARMS r„7 f.'d, -nC A.L PROPERTY RCA.I r,R' QQ DEPARTM- ' IT OF PLANNING SERVICES PHONE(303)356 T.4400 � 1 91515 10 10thh STREET GREELEY,COLORADO 80631 EP 1 2 198 S 8 4 y • r • CASE NUMBER S-295 COLORADO August 10, 1988 TO WHOM IT MAY CONCERN: - Enclosed is an application from Braly Partners (Futura Park North PUD Subdivision, First Filing) for a Planned Unit Development Plan. The parcel of land is described as part of the Ni NE} of Section 3, TIN, R68W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is south and adjacent to Colorado Highway 52; west and adjacent to I-25 Frontage Road (west) . This application is submitted to your office for review and recommendations. Any comments or recommendations you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the proposal and will ensure prompt consideration of your recommendations. Please reply by August 23, 1988, so that we may give full consideration to your recommendation. Please call Rod Allison, Principal Planner, if you have any questions about this referral. Thank you for your help and cooperation in this matter. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that the request (does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for -the following reasons: 3. xx We have reviewed the proposal and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Plea e r r to the enclosed letter. Signed: ,A644_24`—Agency: Tri -Area Planning Commission Ch r Date: Se ember 9 , 1988 881022 MEMORAn®U Weld County Planning Se ember 5, 1988 To Date COLORADO From Health Protection Services Case Number: S-295 Name: Future Park North P.U.D. Subject: The division has reviewed the data provided by the applicant. In a letter to Mr. Merle Johnson, on March 11, 1988 the division suggested that a pre-determined maximum effluent flow for each lot be determined. The effluent flow for each lot may significantly restrict the specific development of that lot. The individual who purchases the lot must be aware of the restrictions due to septic effluent flow. The division will recommend for approval of the P.U.D. with the following conditions: 1. The maximum effluent flow for each lot shall be determined and reviewed and approved by the Health Department prior to the sale or use of the lot. 2. All liquid and solid wastes, shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 3. No permanent disposal of wastes shall be permitted at this site. 4. The septic system(s) for the proposed lots are required to be designed by a Colorado Registered Professional Engineer according to the Weld County Individual Sewage Disposal Regulations. 5. Maximum permissible noise level shall not exceed the commercial limit of 60db(A) , as measured according to 25-12-102, Colorado Revised Statues. SEP 8 1988 Weld Ca. Piarwint i:auwissine 881022 • 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 EXHIBIT "A" DESIGNER : Johnson & Associates Merle D. Johnson Phone : 772-6900 6 Cornell Drive ENGINEER : Wayne Wentworth Longmont , Colorado 80501 1322 Keystone Court Longmont , Colorado 80501 Phone : 772- 1177 (If additional space is required, attach an additional sheet of this same size.) NAME OF PROPOSED P.U.D. SUBDIVISION FUTURA PARK NORTH P .U .D . EXISTING ZONING P ,.U . D . C-3: PROPOSED ZONING TOTAL AREA (ACRES) 49 . 654 NO. OF PROPOSED LOTS 16 LOT SIZE: AVERAGE 2 . 6 ACRES MINIMUM 1 . 53 ACRES UTILITIES: WATER: NAME LEFT HAND WATER SUPPLY • SEWER: NAME SEPTIC SYSTEMS GAS: NAME ROCKY MOUNTAIN NATURAL GAS COMPANY INC . PHONE: NAME U . S . WEST DISTRICTS: SCHOOL: NAME ST . VRAIN VALLEY SCHOOL DISTRICT RE- IJ _ FIRE: NAME LONGMONT RURAL FIRE DISTRICT DESIGNERS' NAME JOHNSON & ASSOCIATES ADDRESS 6 CORNELL DRIVE PHONE 772-6900 ENGINEERS' NAME anini ADDRESS 1322 Keystone court PHONE 772- 1177 FEE OWNER OF AREA PROPOSED FOR P.U.D. SUBDIVISION NAME BRALY PARTNERS % HENRY BRALY ADDRESS 3600 Highway 52L Erie , Colorado 80516 PHONE 776-8962 NAME ADDRESS PHONE NAME ADDRESS PHONE I hereby depose and state under the penalties of perjury that all statements, proposals' and/or plans submitted with or contained within this application are true and correct to the best of my knowledge. BOULDER COUNTY OF Km STATE OF COLORADO ) SiSii�.nnaauuree. aver Pu -r' A Subscribed and sworn to before me this 074 day 19F2 SEAL ;7&' NOTARY PUBL �� y My commission expires: /-8- 204-79-026 WCDPS-7R- ' 881022 • EXHIBIT "A" fUTURA PARK NORTH P.U.D. SUBDIVISION - OWNERS: !'UTURA HORSE VILLAGE (OPTIONED TO BRALY PARTNERS) • • LEGAL DESCRIPTION That part of the North Half of the Northeast Quarter of Section 3, Township 1 North, Range 68 West of the 6th P.M. , Weld County, Colorado, more particularly described as follows: Considering the North line of the Northeast Quarter of said Section 3 as bearing North 89°51 '30" East, and with all bearings contained :herein relative thereto: • Beginning at the Southwest corner of said North Half, Northeast Quarter; thence North 00°06'33" East along the West line of. said North Half, Northeast Quarter 1244.82 feet to la point on the Southerly line or Colorado State Highway No. 52; thence North 89°38'30" East 664.26 feet alono said Southerly line to the Northwest corner of Puritan Place Cornnercial Subdivision as shown on. Plat recorded September 28, 1982 as Reception No. 1904833; thence South 00'02' East 339.76 feet along the Hest line of said subdivision to the Southwest corner of said subdivision; thence South 85°34'07" East • _along (1) the Southerly 'boundary line of said Puritan Place Commercial-Subdivision (2) the Southerly boundary line of a parcel of land conveyed to Skelly Oil Company b Warranty Deed recorded July 7, 1967 in Book 533 as Reception No. 1505462 and (3) the Southerly boundary line of parcel of land conveyed to Denver R. Mannon and Dillye Y. Mannon by Warranty Deed recorded May 24 , 1979 in Book 832 as Reception Nn. 1754.120 a distance of 1605. 15 feet to a -point on the Westerly line of Interstate Highway No. 25; thence. South 13°36'59" East 606.39 feet along said Westerly line; thence South 00`10'31 " • West 143.92`feet along said Westerly line to a• poiht on the South line -of said North Half, Northeast quarter; thence North 89°57' 13'.' West 2409.52 feet along said South line to the Point of Beginning. Thus described tract containing 49.654 acres. • • • - 881022 JOHNSON & ASSOCIATES LAND SURVEYORS 8 CORNELL DRIVE LONGMONT. COLORADO 80501 772-8900 August 6, 1988 Weld County Department of Planning Services 915 10th Street • Greeley, Colorado 80631 ATTENTION: Rod Allison RE: Future Park North P.U.D. - Planned Unit Development Plan Submittal Dear Mr. Allison: Enclosed are our comments and exhibits addressing the P.U.D. Final Plan as required by Weld County regulations. (Most of these are also addressed in the covenants) . (1 ) Each building foundation will occupy less than 50% of the lot area (95,480 square feet on largest lot) . There are no minimum standards as it is possible that a lot may be used soiey for receiving, storing and dis- patching material or merchandise; however, each lot must have a building, if only a small building ( 12' X 12' ) , and this building must meet the standards as to material, size, color, etc. required of all buildings in the subdivision. (2) All buildings shall have a maximum height of 35 feet. (3) Open storage area for each lot shall not exceed 25% (47,740 square feet for largest lot) of the total lot area except in those instances where the total building area is less than the allowable 50%. In these instances the open storage area may replace that portion of the building area not used by the building, i .e. a lot having 25% building foundation area could have 50% open storage (open storage must be properly screened from I-25 and Colorado Highway 52) . The height of open storage of material and equipment shall not exceed 30 feet for items such as construction equipment, i .e. cranes, lifting equipment etc. ; the maximum storage height for general stackable material shall be 10 feet i.e. pipes, building blocks, etc. All open storage areas shall be limited to that portion of the lots that is to the rear of the front of the buildings. Working trucks and equipment shall not be included in this provision. All open storage shall be screened by using solid wood fencing or trees or shrubs as indicated on the Land- scaping Plan- -1- 881022 No junk or salvage yards will be allowed in the P.U.D. area and all vehicle parking, storage and landscaping will be arranged and maintained so as not to be detrimental to the over all esthetic appearance of the P.U.D. area. (4) On each lot, parking spaces shall be clearly marked and painted, 9' X 19' for standard vehicles. Truck parking areas will be clearly designated. There shall be one parking space for each 2500 square feet of warehouse area and each 250 square feet of office or rental space or a minimum of one parking space for every anticipated employee using whichever requirement would indicate the maximum number of spaces. Truck parking and open storage areas shall be gravel surfaced so as to maximize the absorbtion of storm water run off. Paved parking material shall consist of a minimum of 2" of asphaltic concrete on a 6" Class 6 compacted sub-base. Gravel parking areas shall consist of 2" of crushed rock or 3/4" gravel on a 6" select sub-base compacted to 90% standard proctor. Customer parking shall be designated to the front or sides of buildings; truck and employee parking shall be designated to locations which will not interfere or conflict with traffic circulation and open storage. Maintenance of ail storage areas, parking and driveways will be performed by the business owner and the guarantee of such maintenance will be part of the covenants on each lot. There shall be no on-street parking. (5) Each lot shall have one driveway for access and exit. The paving shall be 20 feet wide and of at least the structural design of paved parking. There shall be a minimum 18" drainage pipe under each driveway at the drainage ditch location. Where depth of pipe is insufficient for adequate coverage CMP, RCP shall be used to guarantee the structural integrity of the pipe. (6) Signage: (a) There shall be a general identification sign at each entrance to the subdivision. They shall have no more than two faces and their size shall not exceet 8' X 16' with overall height not to exceed 30 feet. Colors of base and pole shall be earth toned or colors occuring in nature, similar to buildings. Where lighting is used, the lighting mill be shielded so as to prevent glare to vehicles on the highways and of a type meeting Weld County requirements. (b) Individual business or advertising signs shall be located on the front of each building. Size or signs shall be limited to maximum of 64 square feet or 10% of vertical wall , whichever is smaller. Signs shall be constructed of a durable, weather resistant material , and no sign shall have more than two faces. Where lighting is used, the lighting will be shielded so as to prevent glare to vehicles on the highways and of a type meeting Weld County requirements. (7) The design of each building will be governed by notes shown on the recorded Final Plan, covenants running with the lots and the following standards: (a) Exteriors may be a combination of masonry, brick veneer, wood or hardwood siding or metal building as approved by Weld County and the Business Men's Association. -2- 881022 (b) Exterior colors shall be limited to earth tones or colors occuring in nature. (c) Roof slopes must be adequate for drainage according to U.B.C. standards. Maximum roof height shall be 35 feet. (d) All buildings must be constructed with new materials. No used buildings, huts, sheds, fencing, etc. shall be used. (8) All landscaping must conform generally to the Landscaping Plan. Landscaping along the 1-25 frontage road and Highway 52 will be along a minimum 10 feet wide strip (co-ordination with utility agencies will be required so that utilities can be constructed and repaired and no Large trees or bushes interfere) . This will probably necessitate the use of some land within the lot areas outside the 10 and 15 foot designated utility easements. The types of trees, shrubbery and landscaping vegetation are as listed (but similar or equivalent types can be used) . Driveways along the fronts (and where necessary the sides) of lots may pass through the landscaping strips. A minimum of 15% of each lot area shall be used for landscaping. Suggested Types of Landscaping: ( 15% of Lot Area) ( 1 ) Juniper (Tamy or Creeping) Juniperus horizontalis or chinensis Use 20-25 buses per 2 acre lot - may use it utility easements. 2 gallon. (2) Pine (Pinyon or Bristlecone) Pinus aristata or cembroides edulis Juniper (Rocky Mountain) Juniperus scopulcrum (Not in utility easement; use 4-6 per two acre lot) . 4-6 feet high. (3) Crabapple (flowering) Malus pumila (Not in utility easements) . 2" caliper. (4) Grass, common lawn (use in utility easements, around buildings, etc. (5) Barberry, Mentor (Berberis mentorensis, 2-4 feet; 2 gallon. (9) Unoccupied lots will be maintained by the owner (or if unsold, the developer) so that weeds and dust are controlled and open areas grass seeded to prevent erosion and unsightly appearance. (In addition to the covenants guiding permitted use of lots, each owner shall be required to become a member of the Business Men' s Association and this association will be empowered, if other measures fail , to clean up and repair buildings, lots, ditches, roads, etc. and bill all owners or responsible parties, for this expense) . ( 10) Once constructed, the roads and their maintenance shall be the resp- onsibility of the Business Men' s Association and roads and ditches must be maintained to a level acceptable to the majority of this body. They will have the right to place liens, if necessary, against all properties to guarantee these standards. The Business Men' s Association will retain a private contractor who will remove snow and at least twice yearly inspect and when necessary, repair all ditches, roads and appurtenant features. 881022 -3- ( 11 ) Minimum lighting on each lot and building shall be the responsibility of the lot owners. This minimum shall be sufficient to insure public safety and convenience but of a type (or shielded) so as not to create glare on highways or the adjacent road. (12) Each lot will have a trash bin sufficient in size for trash disposal for that particular business, screened from general view and enclosed and constructed to prevent blowing of trash. It will be required that trash shall not be allowed to accumulate but will be disposed of when it has reached the capacity of the particular bin. All trash of noxious or ob- jectionable odor must be disposed of immediately. (13) Where necessary, all building foundations shall be raised sufficiently to insure 1% drainage slope away from buildings, parking areas and appurtenant structures and into surrounding drainage ditches and swales. ( 14) Approval of the Site Plan Review Application, according to the Weld County Zoning Ordinance, is required prior to using or developing any lot. ( 15) Other than the required 15% landscaping on each lot, there is no public open space within the P.U.D. (16) All requirements of the Longmont Fire Protection District have been met. Notes of requirements are on the Final Plan map and Utility Plan. ( 17) In accordance with a request from Weld County Health Department, the developer had additional soil testing, percolation testing, etc. done by a Geotechnical firm. This report, indicating that acceptable septic systems could be constructed on each lot, was given to the Health Department along with a letter of explanation and transmittal from the undersigned. Specfic instructions on septic system requirements are noted on the Final Plan map. ( 18) Colorado Geologic Survey has indicated that low subsidence areas occur within the P.U.D. and that recommendations of the soils testing firm should be followed. Instructions to buyers is included in a note on the Final Plan map. (19) Access and pipeline easements for oil and gas are shown on the Final Plan and are further clarified and discussed in the Covenants. Panhandle Eastern Pipeline has lines that must be lowered or moved prior to building the detention pond. They agree to this and their requirements ( letter dated February 22, 1988; copy attached) must be met at the expense of the developer. (20) The P.U.D. area will have two access ways, one off Highway 52 and the ]other off I-25 Frontage Road. Only the access off Highway 52 will be constructed during Phase I . The Colorado State Highway Department has agreed to issue permits for both accesses provided we meet pavement design re- quirements and provide deceleration and acceleration turn lanes off Highway 52. The designs have been submitted and accepted contingent upon some minor note additions. The designs are shown on Sheet 9 and Sheet 10 of the drawings submitted with this letter. Negotiations are pending to obtain an easement for -4- 881022 borrow ditch widening. If this easement is not obtained, the Highway Department has agreed to let the developer use a concrete lined ditch that can be contained within the existing right-of-way. (21 ) Financing of the project will be guaranteed by Letter of Creditor Bond. Costs of offsite Highway Improvements are included in the Cost Estimate and are hereby guaranteed in the agreement with Weld County (see Improvements Agreement) . Sincerely, .. Merle D.� nso� n 881022 —5- f BOARD OF COUNTY COMMISSIONERS SIGN POSTING CERTIFICATE I HEREBY CERTIFY UNDER THE PENALTIES OF PERJURY THAT THE SIGN PROVIDED BY THE DEPARTMENT OF PLANNING SERVICES WAS POSTED ON THE PROPERTY AT LEAST TEN (10) DAYS PRECEDING THE BOARD OF COUNTY COMMISSIONER'S HEARING FOR CASE . 1/ S - Z 9 S THE SIGN WAS POSTED BY: Retie D. Jc h,75o H NAME OF PERSON POSTING SIGN ` 71k24.11 SIGNATURE OF A�/LICANT STATE OF COLORADO ) f1��✓ 3)IrS7 COUNTY OF WELD ) 1 SUBSCRIBED AND SWORN TO BEFORE ME THIS /7 DAY OF 57,/ rn?ier 19O. SEAL 9 j:kalls7 NOTARY PUBLIC MY COMMISSION EXPIRES /2g ry- .2b- O Jn LAST DAY TO POST SIGN IS: 19 881022 Lei LONGMONT TITLE COMPANY.. 229 Terry Street,P.O.Box 2058.Longmont.Colorado 80501 (303)651-1401 Metro 443-1011 DATE July 8, 1988 Our Ref: Surrounding Property Report Your Ref: Futura Horse Village TO: Johnson & Associates Attn: Merle Johnson The following is a Statement only of the names of the property owners and mineral owners in the last recorded Deed purporting to affect the real property below, and the property within 500 feet of said property. Legal Description: See Attached Exhibit "A" Owners : Futura Horse Village, a Partnership Owners of the property within 500 feet of the above described parcel : See Attached Exhibit "B" This Statement is not a Certificate of Title and does not reflect change of ownership caused by death or court proceedings, and as this Statement is furnished for a nominal lee, the Company assumes no liability beyond the amount paid for this Statement. Sincerely, LO M NT TITLE COMPANY, INC. err . Davis s resident JRD/kao LONGMONT'S ONLY LOCALLY OWNED TITLE COMPANY SERVING BOULDER, LARIMER AND WELD-COUNTIES 881022 EXHIBIT "A" That part of the Nl/2 of the NE1/4 of Section 3, Township 1 North, Range 68 West of the 6th P.M. , more particularly described as follows : Considering the North line of the NE1/4 of said Section 3 as bearing North 89° 51 ' 30" East, and with all bearings contained herein relative thereto: Beginning at the Southwest corner of said N1/2NE1/4; thence North 00° 06' 33" East along the West line of said N1/2NE1/4 1244.82 feet to a point on the Southerly line of Colorado State Highway No. 52; thence North 89° 58' 30" East 664.26 feet along said Southerly line to the Northwest corner of Puritan Place Commercial Subdivision as shown on Plat recorded September 28, 1982 as Reception No. 1904833; thence South 00° 02' East 389.76 feet along the West line of said subdivision to the Southwest corner of said subdivision; thence South 85° 34' 07" East along (1 ) the Southerly boundary line of said Puritan Place Commerical Subdivision (2) the Southerly boundary line of a parcel of land conveyed to Skelly Oil Company by Warranty Deed recorded July 7, 1967 in Book 583 as Reception No. 1505462 and (3) the Southerly boundary line of a parcel of land conveyed to Denver R. Mannon and Billye Y. Mannon by Warranty Deed recorded May 24, 1978 in Book 832 as Reception No. 1754420 a distance of 1605.15 feet to a point on the Westerly line of Interstate Highway No. 25; thence South 13° 36' 59" East 606.39 feet along said Westerly line; thence South 00° 10' 31" West 143.92 feet along said Westerly line to a point on the South line of said N1/2NE1/4; thence North 89° 57' 13" West 2409.52 feet along said South line to the POINT OF BEGINNING. 881022 3 1 . ) Mineral Owner 5674786 10. ) Section 2 Amoco Production Company Dacona Investments, Ltd. 54.1 1 B94 800 S. Cherry, Suite 915 8000 East Girard Ave. , Suite 703 Denver, Co. 80222 Denver, Co. 80231 2. ) Section 35 S . L. & 4 gee 1 ) Lansons Farm c/o Kent Wilson 344 Lincoln St. Longmont, Co. Section 34 3. ) 1 ) SE4 McWilliams, Francis X Cecelia M. Gorce & Donna Schnitzen 5-36 _c/o Ceclia M. Gorce P.O. Box 161 Boulder, Co. 80306 4. ) 3) Thomas C. Woolley, Mary Alice Billings & FNB Longmont, Trustees sc. . oq 8 6 South Star Route Lyons, Co. 80540 Section 3 - 146703000016 s G'1 4 L-8 G 5. ) 1 ) Chrisand Investment Corp. S1/2 NE1/4 5720 North Washington Denver, Co. 80216 6. ) 2) Tico's of Lincoln, Inc. Adj. West 5 .73s2& 317 S. 17th St. Lincoln, Nebraska 68508 7. ) 3) Naab, Joseph, Kathy, David F. & S `1 C43 " Mick J. 7693 Webster Arvada, Co. 80003 8. ) 4) James K. Ludquist, W. Harlan Wagoner & 5 Ci'1 5 386 Kent Collins 1017 East Longs Peak Ave. Longmont, Co. 80501 9. ) 5) Denver R. Mannon & Billye Y. Mannon 5 47 SA-S4' c/o Ralph Mannon Rt. 3 7825 West 106th Ave. Broomfield, Co. 80020 $81022 JOHNSON & ASSOCIATES LAND SURVEYORS 8 CORNELL DRIVE LONGMONT. COLORADO 80501 772-6900 August 6, 1988 FUTURA. PARK NORTH P.U.D. FINAL PLAN CONSTRUCTION SCHEDULE: PHASE I phase I construction will commence within 60 days of final approval of subdivision. This phase will be completed within one year of commencement. Phase I construction will consist of the following: ( 1 ) Widening of Highway 52 and construction of acceleration-deceleration lanes as per Highway Department approved design. (2) Placing one 18" RCP culvert to accomodate Highway 52 drainage on South side of Highway 52. Placing one 18" RCP to divert off-site drainage water around and thru P.U.D. area. (3) a. Build first 600 feet of 32 foot wide paved road (Futura Drive) and 100 diameter gravelled cul-de-sac turn around at the end of 600 foot road. b. Construct drainage ditches to accomodate (1 ) , (2) and (3) a. (4) Construct 8" PVC CL 200 (or 8" CL 50 D.I. ) pipe from Left Hand Water Supply (I/z mile West of Futura Drive entrance) and 600 feet of 8" water line into Futura Drive including all valves, 2 fire hydrants and 3 service connections to Lot 1 , 2 and 3. (5) Construct all utilities to service Lots 1 , 2 and 3 (electric, gas, telephone) with sufficient capacity to serve the remaining 13 lots during Phase II construction. er ._ erle D. hnson Project gineer q�.43 Planned Unit Development Plc AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE Application No. Subject Property FUTURA PARK NORTH P.U.D. STATE OF COLORADO ) ss. COUNTY OF WELD THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names and addresses of all mineral owners and lesses of mineral owners on or under the parcel of land which is the subject of the application as their names appear upon the records in the Weld County Clerk and Recorder's Office, or from an ownership update from a title or abstract company or an attorney. 7i/ph 441.1444#661.0e The foregoing/JG instrument was subscribed and sworn to before me this day of iter5T1 , 19po. WITNESS my hand and official seal. My Commission expires: .?- 2t —t9 iknatel' Notary Public 881022 Planned Unit Development Pia AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Application No. Subject Property FUTURA PARK NORTH P.U.D. STATE OF COLORADO ) ss. -COUNTY OF WELD -THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of property (the surface estate) within five hundred (500) feet of the property subject to the application. This list was compiled from the rest rds of the Weld County Assessor, or an ownership update from a title or abstract company or attorney, derived from such records, or from the records of the Weld County Clerk and Recorder. The list compiled from the records of the Weld County Assessor shall have been assembled within thirty (30) days of the application submission date. The foregoing instrument was subscribed and sworn to before me this y day 4 45T , 19 K WITNESS my hand and official seal. My Commission expires: .2 _ .2.5- 11 a/4er., Notary Public 881022 FUTURA PARK NORTH P . U . D . COVENANTS THIS DECLARATION made this„2 4 day of � �` ` 1988 , by Braly Partner ' s , hereinafter called the "Declarat" . WITNESSETH ; WHEREAS , the Declarant is the present equity owner of propery situated in the County of Weld , State of Colorado , more particularly described as follows , hereinafter called the "Premises " : Ali lots in Futura Park North P . U . C . according to recorded plat thereof ; and WHEREAS , Declarant is desirous of subjecting said Premises to the conditions , covenants , restrictions and reservations herein- after set forth to insure proper use and appropriate improvements of said Premises as follows : 1 . Wherever herein used , the term "building site" shall mean any plot of land lying within any lot in Futura Park North P . U . D . , the size and dimensions of which shall be established by the legal description in the original conveyance from Declarant to the first fee owner of said plot of land , other than Declarant . A building site may also be established by Declarant by an instrument in writing , executed , acknowledged and recorded by the Declarant and filed with Weld County , which designated a plot of land as a building site for purposes of these Covenants . If two or more building sites , as defined hereinabove , are acquired by the same owner in fee , its commonly owned building sites may , at the option of said owner , be combined and treated as a single building site for purposes of the Covenants contained herein . 2 . No noxious or offensive trades , services or activities shall be conducted on any building site nor shall anything be done which may be or become an annoyance or nuisance to the owner , tenant , or occupant of other building sites within the Futura Park 881®22 North P.U.D. area by reason of unsightliness or the excessive emission of fumes, odors, glare, vibration, gases, radiation, dust, liquid waste, smoke or noise. 3. No building shall at any time be erected on any building site within twenty-five (25) feet of any street rights-of-way adjoining the same, or within ten (10) feet from any side of any building site, or within fifteen (15) feet from the rear boundary line of any building site. No building shall exceed 50% lot coverage. 4. All vehicles shall be parked within the building site when loading or unloading at a building site. No loading dock shall be erected on any building site fronting on any streets, unless the front of such loading platform shall be set back at least sixty (60) feet from the property line abutting the street on which said loading dock fronts. There shall be no on street parking. 5. Any owner, tenant or occupant of any building site shall provide on the Premises off-street automobile parking facilities for each employee employed on the Premises by the original occupants thereof and appropriate visitor parking. All customer parking areas, access drives, employee parking areas, equipment parking areas and open storage areas must be, as a miniumum standard, gravelled and shall be properly graded and compacted to assure proper drainage. Parking lot lighting, poles, and fixtures shall not exceed thirty- five (35) feet in height. 6. Any owner, tenant or occupant of any building site shall submit to the Declarant or its designee plans and specifications for any building, improvements or landscaping to be placed on the Premises. No building, improvments or landscaping shall be erected or placed on the Premises without the prior written approval of plans and specifications therefore given by the Declarant, or its designee. Landscaping must meet the miniumum requirements of Weld County regulations for acornmercauodivision and shall be at least 15% of the total lot area. See the sample landscape plan attached hereto as Exhibit "A". Russian Olive trees are specifically prohibited from use in Futura Park North, P.U.D. Subdivision. All site plans shall be approved by Weld County. 881022 7. All uses on any building site or any portion thereof shall be specifically approved by the Declarants, their successors or assigns. As a general rule uses precluded in the C zones in Weld County Regulations shall be considered inappropriate in Futura Park North P.U.D. , except by special review. All improvements to any lot shall be constructed of new material . 8. Any owner, tenant or occupant of any building site agrees that the area between the building lines as herein defined and the street property lines shall be used only for either open landscape and green area or for service access to the building or to a parking lot. Landscaped areas shall be done attractively with lawn, trees, shrubs or similar treatment and shall be properly maintained in a sightly and well-kept condition. All landscaping required hereunder or otherwise to be provided on any building site shall be completed within sixty (60) days after the completion of construction of improvements constructed on any building site; provided, however, if weather conditions do not at such time permit, then such landscaping shall be completed as soon thereafter as weather conditions permit. 9. Weld County Health Department regulations and requirements shall be met according to attached Exhibit B . 10. Any owner, tenant, or occupant of any building site shall submit to Weld County, all plans for signs to be erected, substituted, changed or modified on the Premises, including details of _design, materials, location, size heights, color and lighting. No sign shall be erected, substituted, changed or modified on the Premises without the prior written approval of plans and specifications therefore given by Weld County. Size of signs shall be limited to a maximum of 64 square feet or 10% of vertical wall , whichever is smaller if attached to the building. Detached signs shall meet Weld County' s sign regulations. 881022 11 . The Declarant hereby retains such rignts-of-way and easements as may be necessary or convenient for the purpose of erecting , constructing , maintaining , repairing and operating utility services over , across , under and through each building site in the designated setback areas between the building lines -and the property lines , including public utility wires , and conduits for lighting , power and telephone , gas lines , sanitary sewer , storm sewer and water , and the Declarant shall have the right to grant rights-of-way and/or easements to others to carry out this purpose . Any contract for the laying of such lines , wires , conduits , pipes or sewers shall also provide that the Premises shall be reasonably restored to the same condition they were in prior to the doing of such work . 12 . Storage yards on any building site for equipment , raw materials , semi -finished or finished products shall be _allowed . Declarant reserves the right to require fencings , shrubs , hedges or a solid 10 foot wooden fence if deemed necessary to keep the Premises in a neat and sightly condition in accordance with Weld County regulations . Such storage areas shall be to the rear of the buildings . 13 . Each owner , tenant or occupant of any building site shall keep said building site and the buildings , improvements , landscaped areas and appurtenances thereon in a safe , clean , maintained , neat , wholesome condition and shall comply in all respects with all governmental statutes , ordinances , regulations , health and police and fire requirements . Each such owner , tenant or occupant shall remove , at its own expense , any rubbish or trash of any character which may accumulate on its building site , and shall keep unlandscaped areas maintained and free from weeds and other unsightly plant growth , rubbish and debris . Rubbish , trash , garbage and other waste shall be kept only in sanitary containers . All equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition . Rubbish and trash shall not be disposed of on the Premises by burning in open fires . In the event any owner , tenant or occupant of any building site fails to keep landscaped or unlandscaped areas maintained as provided 881022 for herein, then in such event Declarant, or its designee, may within fifteen (15) days after written notice of such failure to owner, tenant or occupant, cause such area to be maintained in accordance herewith for the account and at the expense of such owner, tenant or occupant of said building site. 14. No fence, wall , hedge or shrub, plant or tree which obstructs site lines at elevations between three and six feet above the roadway shall be placed or permitted to remain on any corner of any building site within the triangular area formed by street property lines and a line connecting them at points twenty-five (25) feet from the intersection of the street lines. 15. Longmont Fire Protection District may require certain sizes or types of buildings to be sprinkled or they may require additional fire hydrants if they deem it necessary because of unusual fire hazards. Each lot owner shall address these issues with a fire department representative during his site plan review. All Longmont Fire Protection District regulations shall be met. 16. Each of the foregoing covenants, conditions and restrictions shall run with the land, and a breach of any one of them and continuance thereof, may at the option of the Declarant, its successors or assigns, be enjoined, abated or remedied by appropriate proceedings. In addition to any other remedy at law or in equity. It is understood, however, that the breach of any of the foregoing covenants, conditions and restrictions shall not defeat or render invalid the lien of any mortgage or deed of trust on the Premises made in good faith and for value; provided, however, (i ) that any breach or continuance thereof may be enjoined, abated or remedied by the proper proceedings as aforesaid; and (ii ) that each and all of the foregoing covenants, conditions and restrictions shall at all times remain in full force and effect against said premises or any part thereof, not withstanding any foreclosure of any such mortgage or deed of trust. No assent, expressed or implied, to any breach of any one or more of the within covenants or agreement hereof shall be deemed to be taken to be waiver of any succeeding or other breach. 881022 17 . Oil and gas production existing as of January 1 , 1988 on this site is allowed to continue and anything necessary to repair or maintain existing production is allowed by these covenants . No new production or production locations shall be allowed without the express written consent of the Declarant or their successors or assigns . 18 . The Declarant has a 50 year non-development lease on all minerals excepting those currently in production . 19 . The Declarant , their successors or assigns shall serve as the architectural control committee . No building shall be constructed until said building plans have been approved by the Declarant , their successors or assigns , which approval shall not be unreasonably with-held or delayed . 20 . These protective covenants and amendments thereto shall remain in full force and effect until July 1 , 2018 , provided , how- ever , by written recorded instrument , the Declarant may amend these protective covenants . IN WITNESS WHEREOF , the Declarant has caused these covenants to be executed the day and year first above written . Henry Br ly , General P rtner NOTARIAL CERTIFICATE : STATE OF COLORADO ) J COUNTY OF BOULDER ) The foregoing instrument was acknowledged before me this day of , �i r 199HENRYby BRALY , General Partner . rtness' my hand and official seal . —' r _ � -� ,,, �, �—'e„� %_ . /j Notary Public 881022 JOHNSON & ASSOCIATES LAND SURVEYORS S CORNELL DRIVE LONGMONT, COLORADO 80501 772-8900 May 17, 1988 Weld County Health Department 1516 Hospital Road Greeley, Colorado 80631 Attention: Wes Potter Re: Futura Park North P.U.D. Septic Systems Enclosed is a copy of the new percolation and soil tests we have obtained from Empire Laboratories. These test indicate that we can obtain acceptable percolation rates for standard septic systems on more than 75% of the lots in the subdivision. The remaining lots will have evapo-transpiration systems (or mounded systems as per Colorado Department of -Health requirements) . We will require of builders on the Final Plat and in the covenants, that the lots where percolation is suspect, or borderline, be evaluated by a soils engineer to determine an acceptable location for standard systems or design an evapo-transpiration or mounded system. This , of course , is also required in the Building Permit process . Sincerely , 71/b4667444tssk. Merle D . ihnson c .c . Arnold Turner EXHIBIT B 881022 -ADDENDUM "A" An addendum to letter dated August 6 , 1988 , ATTENTION : Rod Allison RE : Futura Park North P . U .D. Planned Unit Development Plan Submittal Prior to submission of a Site Plan Application on Lot One , Phase I ; the existing house and buildings on Lot 1 , shall be removed . Merle D . cAohnson 881022 atliColire frov11NJ OF C040 � �9 o ROYA.ROMER H /,= o WE-88-0018 GOVERNOR #\ c y* JOHN W.ROLD 1876 COLORADO GEOLOGICAL SURVEY DEPARTMENT OF NATURAL RESOURCES 715 STATE CENTENNIAL BUILDING-1313 SHERMAN STREET DENVER,COLORADO 80203 PHONE(303)886-2611 February 17, 1988 Weld County Department of Planning Services 915 10th Street Greeley, CO 80631 Gentlemen: RE: FUTURA PARK NORTH P.U.D. At your request, we have reviewed the materials submitted by your office to ours for the P.U.D. referenced above. Generally, the development is geotechnically feasible if some precautions are taken. As the Empire Laboratories report indicates, there are several serious geology-related constraints to development which will need to be adequately addressed if related difficulties are to be avoided. 1 . Subsidence. Although the subsidence potential and hazard(s) for this development are low according to the best available data and interpretations, engineering of structures and utility lines should be done in such a way that the possibility of adverse effects caused by subsidence are minimized. 2. Soil conditions. Specially engineered foundations will be necessary because of the presence of expansive soils. A soils engineer should be retained to supervise foundation design and construction in every instance. 3. Site drainage is poor and improved drainage control should be done coincident with development and construction in the area. 4. Septic systems will be probematical and much higher than ordinary construction costs should be anticipated. Lot purchasers should be apprised of this possibility through plat note(s) or other means prior a_closing lot sales. GEOLOGY 881022 STORY OF THE PAST...KEY TO THE FUTURE Weld County Department of Planning Services WE-88-0018 February 17, 1988 Page two If these recommendations and those made in the Empire Laboratories report are followed and following them is made a condition of approval of this P.U.D., then we have no geology-related objection to it. Sincerely, 114 . . L �mes M. Soule 'Engineering Geologist bcr:JMS-88-065 3716/7 �°?� 7/7 FEB 24 1988 881®`ri + *Id Co. Manion ilmmirmw. VpNOMpr �` LONGMONT FIRE PROTECTION DISTflICT ,4"' 9119 County Line Rd., Longmont, CO 80501 (303) 772-O710 4brecT,pN/ David Bierwiler Conrad Hopp Richard Hicks Mike Holubec.Jr. Felix Owen Wilbur Huss Fire Chief Director Director Director Director Director 03 March 1988 Merle D. Johnson Johnson & Associates Land Surveyors 36 Cornell Drive Longmont , CO 80501 Ref: Case number Z-442 Dear Mr . Johnson: As agreed in our conversation on Thursday, 03 March 1988 the following changes to Fire District Requirements 1 & 2 are: 1 . Covenants shall be written and included in the final plat indicating : (a ) Building ground floor area in square feet shall be limited, per table No . 4-A "Fire Flow Guide for Buildings Other Than One - And Two - Family Dwellings , " when the maximum fire flow available for fire protection is 1500 gallons per minute or less. Obtain "fire flow available" from Left Hand Water Company or other engineer- ing firm. ( b ) Compartmentation, automatic sprinklers systems and stand pipes shall be installed as may be required by code when occupancies are rated ordinary hazard (Group I ) and above. 2. Distance between fire hydrants may be increased to 500 feet with a covenant indicating additional on site hydrants may be required . Plans for all developements shall be submitted to the Longmont Fire Protection District for reviev to determine when on site hydrants shall be required . 881022 If you have any questions, please contact this office. Sincerely, Longmont Fire Protection District 2i <4 ,r mzR t�w� William R. Emerson Fire Marshal Approval : / Merle D. hnson Agent for Turner Realty WRE/kl copies: Merle D. Johnson, 6 Cornell Dr . , Longmont , CO 80501 Rod Allison - Weld County Dept. of Planning Services Board of Directors (5) Richard N. Lyons II - Attorney Chief File (3) 881022 PANHANDLE EASTERN PIPE LINE COMPANY P.O. BOX 127 • 635 N. 7TH AVENUE BRIGHTON,COLORADO 80601 • 13031659-5922 February 22, 1988 Mr. Arnold E. Turner Turner Realty 425 Coffman Longmont, CO. 80501 RE: Futura Park North P.U.D. - PEPL 16-10-075-352-8" Pipeline. In the Northeast Quarter of Section 3, Township 1 North, Range 68 West, Weld County, Colorado. Dear Mr. Turner: This letter confirms our discussion regarding the above referenced pipeline. The following outlines the provisions regarding this matter. 1. Futura Park North has the right to construct and maintain utility lines, streets, sidewalks and driveways, which may be installed at approximate right angles to the pipeline herein authorized, provided however, that all utilities maintain 12 inches clearance from our pipeline. No paved or traveled portion of any street, sidewalk, driveway, road, parking area, alley or curbing will be placed substantially parallel to and within 10 feet of the pipeline. 2. No building or structure shall be allowed within 25 feet of our pipeline. 3. 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. 4. If a flow line of a concrete curb is placed 10 feet from Panhandle's line, access upon that interior street and curb is required for the purpose of maintenance and monitoring operations. 5. In the event of a crossing with a road or utility, please contact Utility Notification Center of Colorado (U.N.C.C. ) at 571-57G0 (Local & Metro Denver) , or 1-800-922-1987 (Outside the /etro area), with two (2) business days notice, and at no cost to you, we will locate and mark our lines to eliminate accidents that can occur from foreign forces. 881®22 "1 If you are in agreement with the terms of this letter, please acknowledge in the space provided below. Very truly yours, Ken J. Neff Right-of-Way Representative kjn/1683R xc: RLVogelgesang C.L. Devinney JESelvidge AASmith Accepted' ,_ectu,A.--k Date: • 881022 - 2 , u a o r UU c c 3 In J J Q d ! : .f U .- 1 .i. • oo 0 IN W c —1 z5 � z r- ( ..E ----7----e • • N• eY . rI_ L -— - f iv enI / 1 RIS 3 :L s - i \i47 II ILS — LS�.of5G.9oc .--__ Ca Ca n W fr _ WI „ ' ate V. ..d;sc,c., ` - 1•fj ; Tom._ x L.----.—__._ __ _____7_ -{ ./.. l' N�., a I\ fe „ _ o �nH r W _ n 0- 'Im ' �� W I L. er 4 231 • ° J_ ,I= — I 2 _ tit, lot G a / W I of ay 6 r1 1 w a r Y _ I aI - of N ., a ,i. N AI .7I yof r - :7I tt -, c x9 eef 4 i i,i p , I _ _ . W . N . W U W + Z J + IA 0 0 \r J \i1 a . 881022 JOHNSON & ASSOCIATES LAND SURVEYORS 8 CORNELL DRIVE LONGMONT. COLORADO 00501 772-6900 MAY 18, 1988 DIVISION OF HIGHWAYS P. 0. Box 850 Greeley, Colorado 80632-0850 ATTENTION: Wally Jacobson RE: _Estimated trip generations per day to and from Futura Park North P.U.D. (16 commercial lots, accesses from Highway 52 and I-25 frontage road) TRIP GENERATION (Considered to be maximums) vein;cIc 5 lets - 14 t=ips s per40,000 warehouse per day = office buildings, truck dispatching, equipment veti fete 1 storage 6 lots - 6 tips per day = dispatch shack, 3 employees VC- ticie4 206 trips per day As we will have an access off Highway 52 and another off I-25 frontage road (see enclosed plat) , and it is assumed that one half of traffic would use each access, we would have 2 x 206 = 412 (in and out trips) or 206 thru each access. This would amount to 13 vehicles/hour coming in and going out. ° As you and I discussd, we will need an access permit for each access. As soon as you tell us your requirements, we will design these and fill out the necessary application forms and submit them. Also enclosed is a copy of our Soils Engineer's paving and sub-base design for our proposed road, within the subdivision. 2MERCc u. ON 0 =7_S1 5 1 , c . o yr I 9� , ; 3 _ . ,� j 5 real:r _ „� friv -. � mcYe n...,,fi� _ 0 c S.;4. j.cce_ c� �c decel are recua MOVei'ne.e : bus Q -r "'len _rl _ 6 o,i�nt_ -urn 4 c / 'and ie�_ r Ae d.1[ 4< 7 7 70 0: 881022 IMPROVEMENTS 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 thereinafter 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: " ex iv e it E WHEREAS, a final subdivision plat of said property, to be known as A-a/um, Parr silo i-?/j 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. 1.1 The required engineering services shall be performed by a Professional Engineer and Land Surveyor registered in the State of Colorado, and shall conform to the standards and criteria established by the County for public improvements. 1.2 The required engineering services shall consist of, but not be limited to, surveys, designs, plans and profiles, estimates, construction supervision, and the submission of necessary documents to the County. 1.3 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 Rights-of-Way and Easements: Before commencing the construction of any improvements herein agreed upon, Applicant shall acquire, at its own 1 881022 expense, good and sufficient rights-of-way _and Casements on all lands and facilities traversed by the proposed improvements. All such rights-of-way and easements used for the construction of roads to be accepted by the -County shall be conveyed to the County and the documents of conveyance -shall be furnished to the County for recording. 3.0 Construction: Applicant shall furnish and install, at its own expense, the subdivision improvements listed on Exhibit "A" which is attached hereto and made a part hereof by this reference, according to the construction schedule set out in Exhibit "B" also attached hereto and made a part hereof by this reference. 3.1 Said construction shall be in strict conformance to the plans and drawings approved by the County and the specifications adopted by the County for such public improvements. Whenever a subdivision is proposed within three miles of an incorporated community located in Weld County or located in any adjacent county, the Applicant shall be required to install improvements in accordance -with the requirements and standards that would exist if the plat were developed within the corporate limits of that community. If the incorporated community has not adopted such requirements and standards at the time the subdivision is proposed, the 7equirements and standards of the County shall be adhered to. If both the incorporated community and the County have requirements and standards, those requirements and standards that are more restrictive shall apply. 3.2 Applicant shall employ, at its own expense, a qualified testing company previously approved by the County to perform all testing -of materials or construction that is required by the County; and -shall furnish copies of test results to the County. 3.3 At all times during said construction, the County shall have the right to test and inspect or to require testing and inspection of material and work at Applicant's expense. Any material or work not conforming to the approved plans and specifications shall be removed and replaced to the satisfaction of the County at Applicant's expense. 3.4 The Applicant shall furnish proof that proper arrangements have been made for the installation of sanitary sewer or septic systems, water, gas, electric and telephone services. 3.5 Said subdivision improvements shall be completed, according to the terms of this Agreement, within the construction schedule appearing in Exhibit "B". The Board of County Commissioners, at its option, may grant an extension of the time of completion shown on Exhibit "B" upon application by the Applicant subject to the terms of Section 6 herein. 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, 2 881022 together with all -reasonable Expenses and attorney I-ees 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 :f the county -or its employees while acting within the scope of their employment. All contractors and other employees engaged in construction of the improvements shall maintain adequate workman's compensation insurance and public liability insurance coverage, and shall operate in strict accordance 'with the laws and regulations of the State of Colorado governing occupational safety and health. 5.0 Off-Site Improvements Reimbursement Procedure: The subdivider, applicant, or owner may be reimbursed for off-site road improvements as provided in this section when it has been determined by the Board of County Commissioners that the road facilities providing access to the subdivision are not adequate in structural capacity, width, or functional classification to support the traffic requirements of the nses of the subdivision. 5.1 The subdivider, applicant, or owner shall enter into an off-site improvements agreement prior to recording the final plat when the subdivider, applicant, or owner expects to -receive reimbursement for part of the cost of the off-site improvements. 5.2 The off-site improvements agreement shall contain the following: - The legal description of the property to be. served. - The name of the owner(s) of the property to be served. - A description of the off-site improvements to be completed by the subdivider, applicant, or owner. - The total cost of the off-site improvements. - The total vehicular trips to be generated at build-out by the subdivision, or resubdivision, as specified by the ITE Trip Generation Manual, or by special study approved by the Board of County Commissioners. A time period for completion of the off—site improvements. The terms of reimbursement. - The current address of the person to be reimbursed during the term of the agreement. Any off—site improvements agreement shall be made in conformance with the Weld County policy on collateral for improvements. 3.3 If the subdivider, applicant, or owner fails to comply with the improvements agreement, the opportunity to obtain reimbursement under this section is forfeited. 5.4 When it is determined by the Board of County Commissioners that vehicular traffic from a subdivision or resubdivision will use a road improvement constructed under an improvement agreement, the subsequent subdivider, applicant, or owner shall reimburse the -original subdivider, applicant, or owner, for a portion of the -original construction cost. In no event shall the original subdivider, applicant, or owner collect an amount which exceeds 3 B81022 the total costs of improvements less the pro rata share of the total trip impacts generated by the original development. Evidence that the original subdivider, applicant, or owner has been reimbursed by the -subsequent subdivider, applicant or owner shall be submitted to the Department of Planning Services prior to recording the final subdivision or resubdivision plat. 5.5 The amount of toad improvement cost to be -paid thy the -subsequent subdivider, applicant, or owner of a subdivision or resubdivision using the road improvements constructed under a prior improvement agreement will be based upon A pro rata share of the total trip impacts associated with the number and type of -dwelling units and square footage and type of nonresidential developments intended to use the road improvement. The amount of , road improvement coat shall -also consider inflation as measured by the changes in the Colorado Construction Cost Index used by the Colorado Division of -Highways. The cost of road improvements may be paid by cash Contribution to the prior subdivider, applicant or owner or by further road improvements which benefit the prior subdivider, -applicant, or owner's property. This decision shall be at the sole discretion of the -Board of County Commissioners based upon the need for further off-site road improvements. i.$ The report entitled TRIP GENERATION (Third Edition, 1982) of the institute of Transportation Engineers shall normally be used for calculating a reasonabl-e pro rata share of the road improvement construction costs for all subdivisions or resubdivisions. A special transports— tion study shall be used for land uses not listed in the ITE Trip Generation Manual. Any question about the number of trips a subdivision or resubdivision -will generate shall be decided by the County Engineer. 5.7 The term for which the subdivider, applicant, or owner is -entitled to reimbursement under the off-site improvements Agreement, entered into between the subdivider and the county, is ten years from the date of execution of a contract for road improvements. 5.8 This provision is nut intended to create any cause of action against Weld County or its officers or employees by any subdivider, applicant, or owner for reimbursement, and in no way is Weld County to be considered a guarantor of the monies to be reimbursed by the subsequent subdividers, applicants, or owners. {i.0 reptaneasiof Streets-for with e following procedures by the Applicant, streets within a subdivision mayc be accepted by the County as a part of the County road system and will be maintained and Tspaired by the County. 6.1 If desired by the County, portions of street improvements may be placed in service when completed according to the schedule shown on Exhibit "B", but such use and operation shall not constitute an acceptance of said portions. 6.2 County may, at its option, issue building permits for construction on lots for which street improvements detailed herein •hmve been started but not completed as shown on Exhibit "B", and"`^v y 4 881022 tinue=to-tasue budt-ding- pcnSta ee- eng --no the p:...6t..,,,, ...f _rk the subdivision improvements in that phase of the development is tisfactory to the County; and all terms of this -Agr-eement have bgn faithfully kept by -Applicant. 6.3 _Upon cohletion of the _construction of streets within a a subdivision\and the filing of a _Statement of _Substantial Compliance, the applicant(s) may request in writing that the County Engineer iiospect its streets and recommend that the Board 43f 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, lospect the subject streets, and notify the applicant(s) of any deficiencies. The County Engineer shall re-inspect the streets after notification from the applicants) that any deficiencies have "keen -corrected. If the ' County Engineer finds that the streets are onstructed according to County standards, he shall recommend accept ce of streets for full maintenance. Upon a receipt of a pos ve unqualified recommendation from the County Engineer for accepta a of streets within the development, the Board of County Commiss ers -shall accept said -streets as public facilities and County prop ty, and shall be responsible for the full maintenance of said s Bets -includingrepair._ . ,-.;- ..,..._ - -...mf . 7.0 General Requirements for Collateral: 7.1 The value of all collateral submitted to Weld -County must be equivalent to 100% of the value of the improvements as shown in this Agreement. Prior to Final Plat approval, the applicant shall indicate which of the five types of collateral -he 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 (6) months of the. Final Plat approval. If acceptable collateral has not been submitted within six (6) -months then the Final Plat approval and all preliminary approvals shall - automatically expire. An applicant may _request that the County -extend the Final Plat approval provided the cost estimates are updated and the development plans are revised to comply with all current County standards, policies and regulations. The -improvements shall be completed within one (1) year after the Final Plat approval (not one year after acceptable collateral is submitted) unless the applicant(s) requests that this Agreement be renewed at least thirty (30) days prior to its expiration and further provides that -cost estimates for the remaining improvements are updated and collateral is provided in the amount of 100% of the value of the improvements remaining to be _completed. If improvements are not completed and the agreement not -renewed within these time frames, the CoughkAtts 5 discretion, may make demand on all or a portion of the collateral and take steps to see that the improvements are made. 7.2 The applicant may -choose to provide for a phased development by means of designating 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. (2119 7.3 Applicant intends to develop in phase(s) in _accordance -with Exhibits "A" and "B". 8.0 Improvements Guarantee: The five -types of collateral listed below are acceptable to Weld County subject to final approval 3:y the Board -of County Commissioners. 8.1 An irrevocable Letter mf Credit from a federal or State licensed _financial institution on 2 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 1-00% 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 Zetter 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 toy 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 le 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 331.01-72 the date of Final Plat approval, whichever occurs first. Said letter shall stipulate that, in any event, the Letter of Credit shall remain in full force and effect until after the Board has received sixty (60) days written notice from the issuer of the letter of Credit of the pending expiration. Said notice shall be sent by certified mail to the Clerk to the Board of County Commissioners. 8.2 Trust Deed upon all or some of the proposed development or other property acceptable to the Board of County Commissioners provided that the following are submitted: In the event property within the proposed development is used as collateral. an appraisal is requi-red of she 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 toyer 100% of the cost -of the improvements as set forth in the Improvements. Agreement plus all costs of sale ofthe 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. 8.3 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 Eoard. The escrow agent will be a Federal or State licensed bank or financial institution. If the County of -Weld County _determines there is a default of the Improvements Agreement, the escrow agent, upon request by the County, -shall release any remaining escrowed funds to the County. 8.4 -A surety bond given by a corporate surety authorized to do business in the State of Colorado in an amount equivalent to 100% of the value of the improvements as specified in the Improvements Agreement. 8810-22 7 8.5 A rash deposit made with the County equivalent to 100% of the value of the improvements. 9.0 Reaurest for Release of Collateral: -Prior to release sf collateral for the entire project or for a portion of the project by Weld 'County, the Applicant must present a Statement of Substantial Compliance from an Engineer registered in Colorado that the project or a portion -of the project has been completed in substantial compliance with approved plans and specifications documenting the following: 9.1 The Engineer or his representativa has made regular on-site inspections -during the course of construction and the construction plans utilized are the -same as those approved by -Weld County. 9.2 Test results must be submitted for all phases of this project as per Colorado Department sf Highway Schedule for minimum materials sampling, testing and inspections found in CDOH Materials Manual. 9.3 "As built" plans shall be submitted at the time the letter requesting release of sollateral is submitted. - he -Engineer shall certify that the project "as built" is in substantial compliance with the plans and specifications as approved ar that any material deviations have receivad prior approval from the County Engineer. 9.4 The Statement-s -of Substantial Compliance must be accompanied, if appropriate, by a letter of acceptance of maintenance and responsibility by the appropriate utility company, special district or town for any utilities. 9.5 A letter must be submitted from the appropriate -Fire Authority indicating the Tire hydrant-s are in place in accordance with the approved plans. The letter shall indicate if the fire hydrants are operational and state thesults of fire flow tests. 9.6 The requirements in 8.0 thru 8.5 shall be noted -on the final construction plans. 9.7 Following the submittal of the Statement -of Substantial Compliance and -recommendation of 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 sleeting of the Soard. x9.18 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. 9.9 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. 10.0 Public Sites and Open Spaces: When the -Board of County Commissioners, pursuant to a rezoning, subdivision or planned unit -development, requires the dedication, development and/or reservation of areas or -sites other than subdivision streets and utility easements of a character, extent and location suitable for public use for parks, greenbelts or schools, said actions shall be secured in accordance 8 881022 with one of the following alternatives, or as specified in the PUD plan, if any: 10.1 The required acreage as may be determined according to 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. 10.2 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. 10.3 In lieu of land, the County may require a payment to the County in an amount equal to the market value at the time of final _plat submission of the -required acreage as _determined according to Section A-15-B. _Such value shall be determined by a competent land appraiser chosen jointly by the Board and the Applicant. The cash collected shall be _deposited in an escrow account to be expended for parks at a later date. 11.-0 Successors and Assigns: -This Agreement shall be binding upon the heirs, executors, personal representatives, successors and assigns of the Applicant, and upon recording by the County, shall be _deemed a covenant running with the land herein described, and shall be binding upon the successors in ownership of said land. IN WITNESS -WHEREOF, the _parties hereto have caused this Agreement to be executed on the -day and year first above written. 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 P ICANT: BY: (tit. )Subscribed and sworn to b 19efore me thisL Aay o Sq My commission Expires: /- 2- !/ Notary Public 881)22 9 EXHIBIT "A" PHASE I Name of Subdivision: FUTURA PARK NORTH P.U.D. Filing: PHASE I Location: NE'A, Section 3, TIN, R68W of the 6th P.M. 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 4313 sy 11 .60 50,03080 Street paving Cyr, gf tsso-, — culverts 150' X 18" 16 00 7.400.00 Sidewalks None Storm Sewer facilities None Retention -ponds Not an Phase I Ditch improvements 1546 c v 1 50 2,1c14 -00 Sub-surface drainage None Sanitary sewers None Trunk and forced lines Mains Laterals (house conn) On-site Sewage facilities -None On site Water supply and stori-ge None }.'titer mains 17&0 LF 12_00 38 LDO Fire hydrants tt QpQQ 0p q, Survey & street monuments 6 boxes 2 boxes 1415.0(j00 i5UUU Street lighting Spin 200.00 Street tame signs 2 100.00 200.00 Fencing requirements None Landscaping None Phase I Park improvements None GAS: 4562.50 ELECTRIC: 8000.00 TELEPHONE: 6000.-00 18,562.50 Water line valve & plug: 1900.00 3 - SVC connections 975.00 2815.00 SUB-TOTAL 11$,692.30 Engineering and Supervision Costs 5,000.00 (testing, inspection, as-built plans and work in addition to preliminary tnd final plat; supervision of actual construction by contractors) TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $ 123,-692.30 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 Sts duly authorized agent. Said improvements shall be -completed according to the construction schedule set out 3n Exhibit "B". diedAtet 41 Signature ./'A plica t 4910 � d�t4 3.1-a4 kq (If corporation, to be signed by President and attested to y Secr Lary, together with corporate seal.) Date: 19 13t . 1322 10 JOHNSON & ASSOCIATES LAND SURVEYORS 6 CORNELL DRIVE LONGMONT, COLORADO 80501 772-6900 May 17, 1988 Weld County Health Department 1516 -Hospital Road Greeley, Colorado 80631 Attention: Wes Potter Re: Futura Park North P.U.D. Septic Systems Enclosed is a copy of the new percolation and soil tests we have obtained from Empire Laboratories. These test indicate that we can obtain acceptable percolation rates for standard septic systems on more than 75% of the lots in the subdivision. The remaining lots will have evapo-transpiration systems (or mounded systems as per Colorado Department of Health requirements). We will require of builders on the Final Plat and in the covenants, that the lots where percolation is suspect, or borderline, be evaluated by a soils engineer to _determine an acceptable location for standard systems or design an evapo-transpiration or mounded system . This , of course , is also required in the Building Permit process . Sincerely , zpjb vu Merle D . hnson c . c . Arnold Turner 881022 REPORT OF A GEOTECHNICAL INVESTIGATION FOR MERL JOHNSON LONGMONT, COLORADO FUTURA SUBDIVISION HIGHWAY 52 WELD COUNTY, COLORADO PROJECT NO. 1248-L-87 BY EMPIRE LABORATORIES, INC . 1242 Bramwood P1 . , P .U . Box 1135 Longmont , Colorado 80501 881022 TABLE OF CONTENTS Table of Contents Letter of Transmittal ii Report 1 Appendix A A-t Test Boring Location Plan A-2 Key to Borings A-3 Log of Borings A-4 Appendix B B-1 Summary of Test Results B-2 Appendix C C-1 Soils Map C-2 Soils Description C-3 881022 Empire Laboratories, Inc. CORPORATE OFFICE P.O.Box 503 •(303)484-0359 GEOTECHNICAL ENGINEERING&MATERIALS TESTING 301 No.Howes• Fort Collins,Colorado 80522 • November 10 , 1987 Johnson & Associates 6 Cornell Drive Longmont , CO 80501 Attention: Mr . Merl Johnson Gentlemen: We are pleased to submit our Report of a , Geotechnical Investigation for the proposed Futura Sub- division to be located on Highway 52 in Weld County, Colorado . Based upon the findings of our subsurface investigation, it is our opinion that this site is suitable for the proposed construction . The accompanying report presents the results of our subsurface investigation and our recom- mendations based on the results . Very truly yours , �..tr.,, -A.1t:,, EMPIRE LABORATORIES , INC crr 'P( D Z • A Pit;' c f) ;. J4 15116 - ' 1 Sin t Edward J . Paas , P . E, o, °0 er;1.: Longmont Branch Manager kG� V Reviewed by: £S/ A ) Vice-President �,,�',�`..: r_ \ L- /P i k i,! ii P00 -o /toV f� Branch Offices (e P.O.Box 16859 P.O.Box 1135 P.O.Box 1744 P.O.Box 5659 4, �= Colorado Springs,CO 80935 Longm7761.309O2160502 Greeley,CO 80632 Cheyenne,WY 82003 (303)59]-2116 (3031 (3031351 0460 1307)632-9224 \W Y'{0:,.., O �' Member of Consulting Engineers Council j Le 881022 REPORT OF A PRELIMINARY GEOTECIINICAL INVESTIGATION SCOPE This _report presents the results of a Geotechnical Investigation for the proposed Futura Subdivision to be located on Highway 52 in Weld County , Colorado. The investigation was carried out by means of test borings and laboratory testing of samples obtained from these borings . SITE INVESTIGATION The field investigation, carried out on October 26 , 1987 consisted of drilling , logging and sampling eight ( 8 ) test borings . The locations of the test borings are shown on the Test Boring Location Plan included in Appendix A of this report . Boring logs prepared from the field logs are alsci presented in Appendix A. These logs illustrate the soils encountered, depth of sampling and elevations of subsurface groundwater at the time of our investigation. All borings were advanced with a four-inch diameter , continuous-type , power-flight auger . The test borings were drilled to depths of fifteen ( 15 ) feet . The drilling opera- tions were performed under the supervision of a geotechnical engineer from Empire Laboratories , Inc . , who made a continuous visual observation of the -soils encountered. A visual 1 881022 inspection was made of the site by an engineering geologist from Empire Laboratories , Inc . on November 13 , 1987 . SITE LOCATION AND DESCRIPTION This site is located on the south side of Highway 52 , west of Interstate 25 in Weld County, Colorado . More parti- cularly, this site may be described as a tract of land situated in the northeast 1/4 of Section 3 , Township 1 North , Range 68 West of the Sixth P .M. , Weld County, Colorado. The site is relatively level , open, cultivated farm land which encompasses approximately fifty ( 50 ) acres . A corral exists at the northwest corner of the site . A residence and Frontier Materials construction facility exist north of the east portion of the property . The east side of the property is bordered by the Interstate 25 frontage road. The remaining sides of the site are bordered by farm land. This property exhibits poor positive drainage . LABORATORY TESTS AND EXAMINATIONS Laboratory testing and examination were performed on samples obtained from the test borings in order to determine the physical characteristics of the soils encountered . Moisture contents, dry unit weights , unconfined compressive strengths and swelling potentials were determined . A summary of the test results is included in Appendix B of this report . 2 881022 SOIL AND GROUNDWATER CONDITIONS The soil profile at the site consists of strata of materials arranged in different combinations . In order of increasing depth, they are as follows : ( 1 ) Topsoil : The site is overlain by a layer of silty topsoil approximately six ( 6) to twelve ( 12 ) inches thick. The upper four ( 4 ) to six ( 6 ) inches of topsoil has been penetrated by root growth and organic matter and should not be used as backfill or foundation bearing . ( 2 ) Sandy Silty Clay : A brown sand silt and clay mixture with varying amounts of each component extends from beneath the topsoil to the underlying bedrock stratum at depths of four ( 4 ) to twelve ( 12 ) feet or extends to the depths explored . This stratum exhibits low to moderate bearing characteristics and low swell potential . ( 3 ) Sandstone Siltstone Claystone Bedrock: Inter- bedded layers of sandstone siltstone and claystone bedrock were encountered in Borings 1 , 3 , 4 , 5 , 6 , & 7 at depths of four ( 4 ) to twelve ( 12 ) feet and extended to the depths explored . The upper one-half ( 1/2 ) to two ( 2 ) feet of bedrock is weathered. A layer of black coal was encountered in Boring 4 between the depths of ten ( 10) and fifteen ( 15 ) feet . The firm bedrock stratum on 3 881O22 this site exhibits high bearing characteristics . The siltstone and claystone bedrock exhibits low to moderate swell potential . ( 4 ) Groundwater : At the time of our investigation, free groundwater was encountered in Borings 7 & 8 at depths of three ( 3 ) and seven and one-half ( 7 1/2 ) feet respectively. No free groundwater was encountered in the remaining test borings . Water levels in this area are subject to change due to seasonal variations and irrigation demands . In addition, surface water may percolate through the upper subsoils and become trapped on the relatively impervious bedrock stratum, forming a perched water condition . RECOMMENDATIONS AND DISCUSSION It is our understanding that this site will be developed as a commercial subdivision. GEOLOGY The proposed site is located within the Colorado Piedmont section of the Great Plains physiographic province . The Colorado Piedmont , formed during Late Tertiary and Early Quaternary time (approximately sixty-five million ( 65 , 000 , 000) years ago) , is a broad , erosional trench which separates the Southern Rocky Mountains from the High Plains . Structurally, the property lies along the western flank of 4 881022 the Denver Basin. During the Late Mesozoic and Early Cenozoic Periods (approximately seventy million ( 70, 000 , 000) years ago) , intense tectonic activity occurred, causing the uplifting of the Front Range and the associated down- warping of the Denver Basin to the east . Relatively flat uplands and broad valleys characterize the present-day topography of the Colorado Piedmont in this region. The site is underlain by the Cretaceous Laramie and Foxhills Formations . The Laramie Formation and Foxhills Sandstone are overlain by residual and alluvial clays and sands of Pleistocene and/or Recent Age . Bedrock underlies the majority of the site at depths of four (4 ) to twelve ( 12 ) feet below the surface , and it is anticipated that it underlies the remainder of the site at depths of fifteen ( 15) to twenty ( 20) feet below the surface . The bedrock consists of interbedded sandstone , siltstone , claystone and coal of the Laramie and Foxhills Formations . The regional dip of the bedrock in this area is -slight and in an easterly direction. Seismic activity in the area is anticipated to be low; and from a structural standpoint , the property should be relatively stable . Coal has been mined below the eastern portion of the site as noted on the Geologic map. The Puritan Mine underlies the project area . The mine was approximately one hundred fifty ( 150) to two hundred ( 200) feet deep , and the coal seams were approximately five ( 5 ) to ten ( 10) feet thick. 5 881022 According to a study prepared by Amued and Ivey for the Colorado Geological Survey in March 1975 , mine pillars have been removed from the abandoned mine , and subsidence has occurred. Because of this mine subsidence , hazards in the area are low. The low subsidence hazard potential includes the entire site , as subsidence can be reflected at the surface beyond the limit of the mined area. Additional subsidence is anticipated to be minimal . Minor additional settlement may occur due to post-subsidence compaction and to small scale subsurface shifting resulting from small residual or secondary voids . It is recommended that structures built at the site be designed for these potential movements . Due to the relatively flat nature of the project , geologic hazards due to mass movement , such as landslides , mudflows , etc . , are not anticipated. With proper site grading around the structures , erosional problems at the site should be minimal . The site lies within the drainage basin of the St . Vrain Creek. The project area is located a mile west of a small tributary of St . Vrain Creek. It does not appear that the site lies within the flood plain of this tributary and should not be subject to flooding by this stream. The Laramie and Foxhill Formations are known to contain radon levels slightly higher than normal back- ground levels in parts of the Front Range . Therefore , it is recommended that radon tests be performed at the site 6 881022 prior to and after construction to determine radon concentra- tions at the site and in the structures after they are built . Should higher than normal radon concentrations be encountered, the structures should be properly vented to minimize radon gas hazards . Geologic conditions at the site are such that economic deposits of limestone , quarry rock and sand and gravel are not present at the site . Economic deposits of coal have been mined below and adjacent to the site. Foundations It is our opinion that the majority of the structures in this subdivision can be supported by conventional continuous and/or spread type footings . Heavily loaded structures or structures with foundations within three ( 3) feet of the expansive bedrock would require a pier type foundation system. Footings should bear on undisturbed , natural soil and all exterior footings should be placed a minimum of thirty ( 30) inches below grade for frost i protertion. Based on preliminary test data , foundations placed on this site may be designed for a maximum allowable soil bearing pressure of one thousand five hundred ( 1 , 500 ) to three thousand ( 3 ,000) pounds per square foot (dead load plus maximum live load. ) Foundations An most areas should be designed for a minimum dead load pressure of five hundred ( 500) to seven hundred and fifty ( 750) pounds per square 7 - - 881022 foot . It is anticipated that total settlements for structures properly designed on conventional footings would be less than one ( 1 ) inch. However , if subsidence occurs on this site settlements could be greater . In areas where a pier type foundation system is required , piers would be drilled into the bedrock stratum and structural grade beams would span the piers . These piers would support the structure through friction and end bearing . These piers should be drilled a minimum of three ( 3) feet into the firm bedrock stratum and based on preliminary test results , when founded at this level may be designed for a maximum allowable end bearing pressure of fifteen thousand ( 15 , 000) to twenty-five thousand ( 25 , 000) pounds per square foot . A skin friction of one thousand five hundred ( 1 , 500) pounds per square foot to two thousand five hundred ( 2 , 500) pounds per square foot could be utilized in the design. These piers should be designed for minimum dead load pressures ranging from five thousand ( 5 , 000) to seven thousand five hundred ( 7 , 500) pounds per square foot . Piers should not bear in a coal stratum. Basements , Garden Levels & Slabs on Grade Basement and garden level construction is feasible on this site except where water levels are high on the east side of the site . Soils at this site are adequate for supporting normal slab on grade construction. However , because of the subsidence hazard in this area, post-tensioned slabs 8 331022 or structural slabs may be desired for some structures . Perimeter drains may be required in areas of high bedrock because of potential perched water table conditions or areas of high ground water . Septic Systems Preliminary percolation tests were performed on eight of the lots in this subdivision. Percolation rates ranging from thirty ( 30) to two hundred and forty ( 240) minutes per inch were recorded. Groundwater and bedrock were each encountered in one ( 1 ) boring above above a level of eight ( 8) feet . Based on percolation rates at this site , two ( 2 ) of the eight ( 8 ) areas tested for percolation would require full evapo-transpiration systems . Final percolation tests would be required on each individual lot prior to construction. It is our opinion that with the proper location of proposed leach fields on each lot the number of evapotranspiration systems in this subdivision can be minimized . It is recommended that a special effort be made during the development of the subdivision to minimize evapo-transpiration systems in order to meet the Weld County requirement of no more than 25% evapo-transpiration systems in a subdivision. Mounded systems may be required in areas where bedrock or groundwater is high so that absorption systems can be constructed in these areas . 9 881022 GENERAL COMMENTS It should be noted that bearing capacities recommended in this report are based on preliminary tests . Since the specific building locations were not known at the time of the investi- gation, complete soils reports will be required for each building site once the type of building and building location are known to verify types of foundations and recommended bearing pressures . Due to variations in soil conditions it is recommended that additional test borings be made prior to construction. Samples obtained from these borings should be subjected to testing and inspection in the laboratory to provide a sound basis for determining the physical properties and bearing capacities of the soils encountered. 10 881022 APPENDIX A. 881022 GFOLO6cIC MAP AMP TEST BORING LOCATION PLAN SCALE 1 = 300' No.3 N0.I N0.2 Klf - N0.¢ No.5 MIMEP AR-EA cv U 'a v ›- No 6 ® O KIf I z N0.7 N08 _L<Lf - CRETACEOUS LAiz.AMIE POIZMA11ON AMP pokHIu-5 5hut75rONE. - FAU -T EMPIRE LABORATORIES, INC. 881022 KEY TO BORING LOGS le 'err TOPSOIL GRAVEL rrr A mow FILL ® SAND& GRAVEL Iseellive e• SILT • i• SILTY SAND &GRAVEL r i� CLAYEY SILT COBBLES I 2 •i�' SANDY SILT ite SAND,GRAVEL& COBBLES �' CLAY al smWEATHERED BEDROCK i SILTY CLAY __ SILTSTONE BEDROCK �sl SANDY CLAY CLAYSTONE BEDROCK SAND • • • SANDSTONE BEDROCK �•�� SILTY SAND NM LIMESTONE i. '. NMI CLAYEY SAND X X X XKX' GRANITE Pa a•X ��•� SANDY SILTY CLAY ED COAL ' ' SHELBY TUBE SAMPLE fiSTANDARD PENETRATION DRIVE SAMPLER WATER TABLE 1 day AFTER DRILLING C HOLE CAVED 5/12 Indicates that 5 blows of a 140 pound hammer falling 30 inches was required to penetrate 12 inches. A-3 881022 EMPIRE LABORATORIES.INC. ✓I LOG OF BORINGS DEPTH NO. I NO. 2 NO. 9 NO.4 0 •; � !' / v, 8/12 1• i. 1 14/12 /;. i, . � 8J12 41/12 it 13/12 50/8 4• • 50/9 5/12 ; / . . . 15 30/I21_= 6/121./.7 41/12 ( 4/12 A-4 EMPIRE LABORATORIES, INC. 881022 LOG OF BORINGS DEPTH NO. 6 N0• 6 N0. 7 NO. 9 /v./ r r / B 9/12 / 6 • a 6/12 / 2 5 • • v 11 /12 . ;# 6 12 • 11 /12 r 16/12 • • 10 15 33/12 -- 21 /12 - 1271 MOIMMUE0 A5 881022 EMPIRE LABORATORIES, INC. APPENDIX B. 881022 0 c N NN • ..I CV N N N N C\ NN NNN Nr-- r- r-- r-r-r- r--- Mr--r-- r— CJl,-- r-- r^ r- r- r— r— \ ----.----.. \\\ S. \\ \\\ \ \\ \\\ CO OD LC)O co Cr) c0 r- O r` d O CT r- in cO r- .-- g a M r- .4' 141 .4- "- III r— M r- 0.4 a 39 Tg CI ¢O c .;O u~U :-y 0 nap U ax m d 2 13 (.7 c T x u oS ae m c° a— "O .. Q E ae co JJ— }"" J __...______. D U 2 w — X _ a cn f"' W U) E W O F-- ~ Q LL d m_ cc O v..1!at m O 7` 4 >- y m -J 0_ W Q M • C) at: J 3 0 o d' o CO w CO 0 :a N N dr v a * d a. Ste^• CD O O O E c H O c0 CT N. E -o.- d n In in 0 U N 0) CO 00 t.0 CV O FUa p p O O 0- f- 1 . r- r- E _ OM CO MMc0I-C) OM .- M r- M O c0i\ ae •• • 0— r-- LC) I. 11) N Cl CO CO cC) O N. r CO M O r- CO r- r r- r-t r- r r r— r— r a— r a) C1. k rO O O O CD O O (/) CD 0 CD • O O O • O O O • O O • CD O O • 0 0 0 • L Co C7l - Ci' 14 r ) 04 r- ll) 00 CC)r- 0)r- U7 OO r CD - C 1 1 1 1 1 1 1 4 IIII III 4 1 1 1 III I 50 LL 0 Y O o 0 0 O O O O O O O o O O O O O O O O O O O O r- r-- r- r- r- r- Cli 01 Z N CO 881022 • B-2 0 c N N N N N N 1:;.\ --.....--, -..,...--.....--, u0 IC. l0N IO l0 f— cu0) r r a >0 >U 2 b= ¢0 C 92 0 N .-co aa� 24 U ay J m ca a c r K «a a' mc— a a « 'o Ee N J-' I- -I 3 u h O W cr = N a W_ H UJ CO --- W H it v W aq— 0 m O 5'r ae a -J N CC ul Q 3 d w y ma h y m in a 6 d c0 m• nu. co Ill aay � 0 E y- d. 0 a'— N 0 t '^U 1- 0) O ,`,a 0 0- r r (N.I 0) LL) CO IC)r- . .a` N. CO e o n O 2 r r N r N 0 0 O O O • O O O • 0 • IC) t a CO0)r d' In CO m a O O O O 0 0 0 0 0— M I- co V co ct r a C G 02 n W 07 B-3 381022 SUMMARY OF TEST RESULTS PERCOLATION TESTS PERCOLATION RATE TEST BORING # MINUTES PER INCH 1 100 2 240 3 40 4 52 5 40 6 30 7 240 8 60 B-4 881022 APPENDIX C. 881022 SOIL Map SCALE 1": 300' No.3 NO.1 40 N0.2 1 1 J r NO.1 33 1 No.5 In Q No.b 1 I N0.7 40 LELr(✓ND NO 8 33 --- KIM Z-oA M elD40 — N LM KI LOAM C-2 8. _022 EMPIRE LABORATORIES, INC. 33—Kim loam, 3 to 5 percent slopes. This is a deep, Wildlife is an irnpor',ant secondary use of this soil. The well dr:.ined soil on plains and alluvial fans at elevations cropland areas provide favorable habitat for ring-necked of 4,900 to 5,250 feet. It formed in mixed eolian deposits pheasant and mourning dove. Many nohgame species can and parent sediment from a wide variety of bedrock. In- be attracted by establishing areas for nesting and escape eluded in mapping are small areas of soils that have cover. For pheasants, undisturbed nesting cover is essen- loamy sand underlying material. tial and should be included in plans for habitat develop- Typically the surface layer is brown and pale brown merit, especially in areas of intensive agriculture. Range- loam about 10 inches thick. The upper 28 inches of the un- derlying material is pale brown loam. The lower part to a land wildlife, for example, the pronghorn antelope, can he dept.I, of GO inches is pale brown fine sandy loam. attracted by developing livestock watering facilities, managing livestock grazing, and reseeding where needed. Permeability'Vim ability is moderate. A vailable water capacity is This soil has good potential for urban and recreational high. e effective rooting depth is 60 inches or more. development. Increased population growth in the survey Surface runoff is medium, and the erosion hazard is area has resulted in increased homesite construction. The moderate. chief limiting soil feature for urban development and road In irrigated areas this soil is suited to crops commonly construction is the limited capacity of this soil to support grown in the area. Perennial grasses and alfalfa or close a load. Septic tank absorption fields function properly, but grown crops should be grown at least 50 percent of the community sewage systems should be provided if the time. Contour ditches and corrugations can be used in it-- population density increases. Because of the permeability rigating close grown crops and pasture. Furrows, contour of the substratum, sewage lagoons must be sealed. furrows, and cross slope furrows are suitable for row Lawns, shrubs, and trees grow well. Capability subclass crops. Sprinkler irrigation is also suggested. Keeping tin- Idle irrigated, 1Ve nonirrigated; Loamy Plains range site. lage to a minimum and utilizing crop residue help to con- trol erosion. Maintaining fertility is important. Crops respond to applications of phosphorus and nitrogen. In nonirrigated areas this soil is suited to winter wheat, barley, and sorghum. Most of the acreage is planted to 40—Nunn loam, 1 to 3 percent slopes. This is a deep, winter wheat. The predicted average yield is 28 bushels well drained soil on terraces at elevations of 4,550 to 5,000 per acre. The soil is summer fallowed in alternate years feet. It formed in mixed alluvium. Included in mapping to allow moisture accumulation. Generally precipitation is are small, long and narrow areas of sand and gravel too low for beneficial use of fertilizer. deposits and small areas of soils that are subject to occa- Stubble mulch fanning, etriperopping, and minimum til- sionallf1ooding. Some surface layer of this leveled eaareas are Nunn grayish also inscluded. lage are needed to control soil blowing and water erosion. Typically Terracing also may be needed to control water erosion. brown loam about 12 inches thick. The subsoil is light The potential native vegetation is dominated by blue brownish gray clay loans about 12 inches thick. The upper grnna. Several mid grasses, such as western whentgraas part of the substratum is light brownish gray clay loam. and needleandthread, are also present. Potential produc- The lower part to a depth of (i0 inches is brown sandy lion ranges from 1,600 pounds per acre in favorable years loam. to 1,000 pounds in unfavorable years. As range condition Permeability is moderately slow. Available water deteriorates, the mid grasses decrease; blue granm, bur- capacity is high. The effective rooting depth is GO inches falograss, snakeweed, yucca, and fringed sage increase; or more. Surface runoff is medium, and the erosion and forage production drops. Undesirable weeds and an- hazard is low. muds invade the site as range condition becomes poorer. In irrigated areas this soil is suited to all crops corn- Ma nagennent of vegetation on this soil should be based monly grown in the area, including corn, sugar beets, on taking half and leaving half of the total annual produc_ beans, alfalfa, small grain, potatoes, and onions. An exam- lion. Seeding is desirable if the range is in poor condition. pre of a suitable cropping system is 3 to 4 years of alfalfa Sideoats grama, little bluestem, western wheatgrass, blue followed by corn, corn for silage, sugar beets, small grain, grama, pubescent wheatgrass, and crested wheatgrass are or beans. Generally such characteristics as a high clay suitable for seeding. The grass selected should meet the content or a rapidly permeable substratum slightly seasonal requirements of livestock. It can be seeded into restrict some crops. All methods of irrigation are suitable, but furrow ir- a clean, firm sorghum stubble, or it can be drilled into a firm prepared seedbed. Seeding early in spring has rigation is the most common. Proper irrigation water management is essential. Barnyard manure and conm er- prWe dbrea suand end. cial fertilizer are needed for top yields. Windbreaks and environmental plantings of trees and shrubs commonly grown in the area are generally well Most nonirrigated areas are used for small grain. The suited to this soil. Cultivation to control competing soil is summer fallowed in alternate years. Winter wheat vegetation should be continued for as many, years as is the principal crop. If the crop is winterkilled, spring possible following planting. Trees that are best suited and wheat can be seeded. Generally precipitation is too low have good survival are Rocky Mountain juniper, eastern for beneficial use of fertilizer. redcedar, ponderosa pine, Siberian elm, Russian-olive, and Such practices as stubble mulch farming, striperopping, hackberry. The shrubs best suited are skunkbush sumac, and minimum tillage are needed to control soil blowing lilac, Siberian peasbrub, and American plum. and water erosion. C-3 881022 SOILS DESCRIPTION The potential native vegetation is dominated by blue grama. Several mid grasses, such as western wheatgrass and needleandthrcad, are also present. Potential produc- tion ranges from 1,600 pounds per acre in favorable years to 1,000 pounds in unfavorable years. As range condition deteriorates, the and grasses decrease; blue grama, bur- falograss, snakeweed, yucca, and fringed sage increase; and forage production drops. Undesirable weeds and an- nuals invade the site as range condition becomes poorer. Management of vegetation on this soil should be based on taking half and leaving half of the total annual produc- tion. Seeding is desirable if the range is in poor condition. Sideoats grama, little bluestein, western wheatgrass, blue grama, pubescent wheatgrass, and crested wheatgrass are suitable for seeding. The grass selected should meet the seasonal requirements of livestock. It can be seeded into a clean, firm sorghum stubble, or it can be drilled into a firm prepared seedbed. Seeding early in spring has proven most successful. Windbreaks and environmental plantings of trees and shrubs commonly grown in the area are generally well suited to this soil. Cultivation to control competing vegetation should be continued for as many years as possible following planting. Trees that are best suited and have good survival are Rocky Mountain juniper, eastern redcedar, ponderosa pine, Siberian elm, Russian-olive, and hackherry. The shrubs best suited are skunkbush sumac, lilac, Siberian peaslrub, and American plum. Wildlife is an important secondary use of this soil. The cropland areas provide favorable habitat for ring-necked pheasant and mom-ning dove. Many nongame species can be attracted by establishing areas for nesting and escape cover. For pheasants, undisturbed nesting cover is essen- tial and should be included in plans for habitat develop- ment, especially in areas of intensive agriculture. Range- land wildlife, for example, the pronghorn antelope, can be attracted by developing livestock watering facilities, managing livestock grazing, and reseeding where needed. This soil has fair to poor potential for urban develop- rent. It has moderate to high shrink swell, low strength, and moderately slow permeability. These features create problems in dwelling and road construction. Those areas that. have loam or sandy loam in the lower part of the substratum are suitable for septic tank absorption fields and foundations. Some areas of this soil are adjacent to streams and are subject to occasional flooding. The poten- tial is fair for such recreational development as camp and picnic areas and playgrounds. Capability subclass Ile ir- rigated, IIIc nonirtigated; Loamy Plains range site. C-4 881022 Empire La.Joratories, Inc. CORPORATE OFFICE • P.O.Box 503•(303)484.0359 GEOTECHNICAL ENGINEERING 8 MATERIALS TESTING 301 No.Howes• Fort Collins.Colorado 80522 May 3 , 1988 Johnson & Associates 6 Cornell Drive Longmont , CO 80501 Attention: Mr . Merl Johnson . Re : Futura Subdivision Weld County, Colorado ELI Project #1248-L Gentlemen : We have been provided with anticipated traffic loading for the above-referenced project by Johnson & Associates . Based on this information an equivalent 18 kip E .D .L.A. of 40 was utilized for the following pavement design. It is our opinion that flexible pavement is suitable for the proposed construction at the site . Using the Colorado State Highway design criteria, a serviceability index of 2 , a regional factor of 1 . 0 , an "R" value of 1 as determined by laboratory testing , a 20 year design life and an 18 kip E.D. L .A. of 40 , the following pavement thicknesses are recommended: Asphaltic Concrete 3" Select Gravel Base Course 4" Select Subbase 12" Total Pavement Thickness 19" A full depth asphalt alternate would he as follows : Asphaltic Concrete Rt>95 2" Asphaltic Base Rt>90 7" Total thickness 9" All topsoil and other unsuitable materials should be stripped and removed from the proposed paving areas prior to placing any fill materials or base course . The subgrade should then be scarified to a depth of six ( 6 ) inches and recompacted at or near optimum moisture to a minimum of ninety percent ( 90%) of Standard Proctor Density as specified by ASTM D 698-78 . We POO R l0 4 P -I \ Branch Offices a O.Box 16859 P.O.Box 1135 P.O.Box 1744 P.O.Box-5659 DN / Colorado Springs,CO 80935 Longmont,CO 80502 Greeley,CO 60632 Cheyenne,WY 82003 A (303)59]-2116 (303)]]6-3921 (303)351-0460 (30])6329224 t 2:444‘-- "T`.� Member of Consulting Engineers Council /�� 881022 May 3 , 1988 Rage 2 recommend that -a soil sterilant be used beneath pavement to retard weed growth . Imported pit run material may be used -as subbase . The base course overlying the subbase should consist of a hard, durable, crushed rock or stone and filler and should have a minimum "R" value of 80 . The composite base course material should be free from vegetable matter and lumps or balls or clay and should meet Colorado Department of Highway Class 6 specifications as follows : Sieve Size % Passing 3/4" 100 #4 30-65 #-8 25-55 #200 3-12 Liquid Limit 30 Maximum Plasticity Index . . . 6 Maximum The base course and any fill required beneath pavement areas -should be placed at or near optimum moisture and compacted to at least -ninety-five percent ( 95%) of Standard Proctor Density ASTM D 698-78 . The base course must be shaped to grade so that proper drainage of the pavement area is obtained. Attached please find the Atterberg limit test results and the "R" value graph. Please contact us if you have any questions regarding these results . Very truly yours , -EMPIRE LABORATORIES, INC . Et6c9 1271 Edward J . Peas , P . E . Longmont Branch Manager Colorado Registration #15776 /pjk 881022 ATTERBERG LIMITS SUMMARY Boring #2 @ 3 .0 ' Boring #8 @ 3 . 0 ' Liquid Limit 38 .2 36 . 6 Plastic Limit 16 . 4 16 . 2 Plasticity Index 21 . 8 29 . 4 2 Passing #209 Sieve 72 . 2 62 . 0 Group Index 13 . 7 10 . 0 AASIITO Classification A-6 ( 14 ) A-6 ( 10) Unified Classification CL CL 881022 RESISTANCE R-VALUE FIND EXPANSION PRESSURE OF COMPACTED SOIL AE;TH - LI 2844 CLIENT: JOHNSON CONSTRUCTION PROJECT: FIITURA SUBDIVISION LOCATION OF SAMPLE: OH-SITE MATERIAL SAMPLE DATA TEST SPECIMEN 1 2 3 COMPACTION -PRESSURE - F'SI 0 '0 0 DENSITY - PCF 102. 0 99. 9 97. 9 MOISTURE - 21 . 9 23. 2 25. 2 EXPANSION PRESSURE - PSI 0. 00 0. 09 0. 00 HORIZONTAL PRESSURE @ 160 psi 151 156 160 SAMPLE HEIGHT - in. 2. 50 2. 66 22. 31 EXUDATION PRESSURE - PSI 350 304 203 UNCORRECTED P-VALUE 2. 6 1 . 0 0. 0 CORRECTED R-VALUE 2. 6 1 .1 -0. 0 P-VALUE AT 300 PSI EXUDATION PRESSURE = 1 . 0 1 Et l] RA — J I - CE 4n - Inn 2nn Rnn 4t_In 50A 800 7O4_l 8Inlit EXUDATION PRESSURE - psi EMPIRE LABORATORIES INC 881022 Empire Laidoratories, Inc. CORPORATE OFFICE P.O.Box 503•(303)484-0359 GEOTECHNICAL ENGINEERING &MATERIALS TESTING 301 No.Howes. Fort Collins,Colorado 80522 May 10 , 1988 Johnson & Associates 6 Cornell Drive Longmont , CO 80501 Attention: Mr . Merl Johnson RE : Futura Subdivision Weld County, Colorado ELI Project #1248-L Gentlemen : Our firm performed additional percolation tests at the above- referenced site on May 6 , 1988 . The purpose of these tests were to define areas within proposed lots where standard septic systems can be constructed . Five ( 5) additional percolation tests were performed and two ( 2 ) additional exploratory borings were drilled at the site. The results of these tests are to be used as an addendum to our Report of a Preliminary Geotechnical Investigation dated November 10, 1987 . Test Borings 15 & 16 were drilled to depths of eight ( 8) feet to check _for bedrock or groundwater . Sandstone claystone bedrock was encountered in Boring 16 -at a depth of approximately eight ( 8 ) feet . No free groundwater was encountered in this boring to the depth explored. Free groundwater was encountered in Boring 15 at a depth of approximately 3 ' 9" . No bedrock was encountered in this baring to a depth of eight ( 8) feet . Based on additional test data, it is our opinion that an evapo- transpiration syst-em will be required on Lot 8 and that a combination system will be required on Lots 1 & 2 . Due to the water level on Lot 9 , it -is our opinion that a mounded system will be required on this lot . Based on preliminary percolation data we feel that standard septic systems can be constructed on Lots 3 through 7 and Lots 10 through 16 if located in the proper areas . Therefore, it is our opinion that the required evapo-transpiration type septic systems can be maintained at or ��P00 R r0 � N Branch Offices - o P.O.Box 16859 P.O.Box 1135 P.O.Box 1744 PO.Box 5659 Colorado Springs,CO 80935 Longmont,CO 80502 Greeley,CO 80632 Cheyenne.WY 82003 \\ Jn (303)597-2116 (303)]]6-3921 (303)351-0460 1307)632-9224 Member of Consulting Engineers Council 8s1022 Johnson & Associates Page 2 below twenty-five percent of the total number of septic systems proposed in this subdivision. It is suggested that facilities with low water usage be developed on lots where evapotranspiration or combination type septic systems are anticipated. Enclosed please find our summary of additional percolation tests and the test boring location sketch. Very truly yours , EMPIRE LABORATORIES, INC . Edward J. Peas, P. E. 7-4c) oTt,. _. cc '• Longmont Branch Manager Colorado Registration #15776 157/ /pjk rt; 9 I022 3 6tOLtCtIC MAP ANV TEST BORING LOCATION PLAN • • • SCALE l"= 300" — — / 014 No3 ® No.l l,1o.11suo.1$ �\ No.2 Mo.4 NO.10 if l No4 I' i �( 11'n ' . • ! No.5 • M 0,M12 A2E� N U >- • 1111;,B-CL=13 N06 }' • i ; :. • • f © ` ` NO8 e F • ; • �GLf — L/JZAMIE renzMA"t10N AIJP �o>cHIu 5 5ANV5rONE MAY G, 1188 TEsrS U r� — FAULT • EMPIRE LABORATORIES, INC. 86 SUMMARY OF PERCOLATION TESTS RE: Futura Subdivision Weld County, Colorado Original Investigation Percolation Rate Boring # Lot # Minutes Per Inch 1 1 100 2 4 240 3 16 40 4 14 52 5 6 40 6 11 30 7 8 240 8 9 60 SUMMARY OF PERCOLATION TESTS 5/6/88 Percolation Rate Boring # Lot # Minute Per Inch 9 4 30 10 4 60 11 16 32 12 8 144 13 7 45 14 3 60 Boring #15 -- Lot #9 -- Groundwater @ 3 ' 9" Boring #16 -- Lot #16 -- Bedrock @ 8 ' DRAINAGE REPORT FUTURA PARK NORTH B.U.D. WELD COUNTY, COLORADO Prepared for: BRALY PARTNERS 3600 Highway 52 Erie, Colorado 80516 Prepared by: E. WAYNE WENTWORTH, P.E. 1322 Keystone Court Longmont, Colorado 80501 June, 1988 Job No. 88.0001.01 DRAINAGE REPORT FUTURA PARK NORTH P.U.D. WELD COUNTY, COLORADO Prepared fDr: BRALY PARTNERS 3600 Highway 52 Erie, Colorado 8051-6 Prepared -by: E. WAYNE WENT-WORTH, P,E. 132-2 Keystone Court Longmont, Lrol orado 80501 June, 1988 4 414,"4;k % r v� oy �► ceiqk Job No. 88.0001.D1 rz 17399-2 a �i Ak,a � �I 'MWn „ux 881022 TABLE OF CONTENTS Page INTRODUCTION 1 INTENT 1 DESIGN REFERENCES 2 EXISTING DRAINAGE CHARACTERISTICS 2 DEVELOPED DRAINAGE CHARACTERISTICS - - 3 CONCLUSION 4 APPENDIX Exhibit Calculations Al - All Wier and Orifice Sizing B1 - 62 Runoff Coefficient Cl Drainage Plan -and Detention Pond 4 Details _.. . Back Pocket 881022 DRAINAGE REPORT FUTURA PARK NORTH P.U.D. INTRODUCTION The Futura Park North P.U.D. is located in the north one-half of the northeast one-quarter of Section 3, Township 1 North, Range 68 West of the 6th Principal Meridian in Weld County, Colorado. The site is bordered on the south and west by agricultural land, on the east by the State Highway I-25 Frontage Road and on the north by State Highway 52 and several businesses. The 49.654-acre site is presently being used for crop growth. The proposed development will consist of sixteen (16) individual lots, izoned for heavy commercial development, ranging in size from 1.824 acres to 4.384 acres. Access will be provided from H tghway 52 and the Frontage Road via a paved road basically through the middle of the par- cel . INTENT It is this report's intent to provide a site specific drainage study for the Futura Perk North P.U.D. This report will provi-de information to evaluate the adequacy of the proposed drainage facilities required for the proposed develop- ment. The purpose of such a drainage study is to insure that development will not adversely affect the offsite drainage system. This is done ty releasing runoff from the developed site at a rate that is equal to the "historical " runoff rate, or that rate from the site prior to -development. This 'report shows how this is being done through the use of undetained runoff and a detention pond. -1-. 881022 Most drainage manuals ignore irrigation wastewater when assessing a parcel of land's impact on the offsite drainage system, when in fact, it can have a signi- ficant impact. Wastewater from the fields to the south and west are being diverted around the site via grass lined ditches. However, taking the 49.654 acres of the site out of irrigation will definitely decrease the impact on the Highway 52 and Frontage Road borrow ditches. DESIGN REFERENCES The drainage design criteria were taken from the "Boulder County Storm Drainage Criteria Manual" with several modifications. Stnce the site studied is less than 100 acres in area, all flows were calculated using the Rational Method. The values for the runoff coefficients were modified, as shown in Exhitit "C", for this specific site. The rainfall intensities were taken from Boulder County's Zone 1, which extends from the foothills to the eastern county boundary. The 10-year event was used for calculations involving the minor storm and the 100-year event was used for the major storm. Detention storage was sized for both events. EXISTING DRAINAGE CHARACTERISTICS As of now, the existing runoff from the site sheet flows from the southwest towards the northeast. As the drainage plan shows, there are three distinct drainage sub-basins. Sub-basin Number 1, which contains approximately 12.6 acres, drains directly to the State Highway 52 borrow ditch. Sub-basin Number 2, containing approximately 18.3 acres, drams to the north property line and -2- 881022 works it's way to the east to the Frontage Road borrow ditch. Sub-basin Number 3, containing approximately 18.6 acres, drains directly to the Frontage Road borrow ditch. These flows make their way to the east and north to the intersec- tion of Highway 52 and the Frontage Road. Total runoff from this site is 18.0 cubic feet per second (cfs) for a 10-year storm and 61.4 cfs for a 100-year storm. DEVELOPED DRAINAGE CHARACTERISTICS For the purpose of calculating developed runoff numbers, the site was split into three (3) sub-basins ; "A" containing 6.43 acres, "B" containing 36.12 acres, and "C" containing 7.10 acres. Sub-basin "A" drains undetained to the Frontage Road borrow ditch at the rates of 8.6 cfs and 18.9 cfs for the 10-year storm and 100-year storm respectively. Sub-basin "C" drains undetained to the Highway 52 borrow ditch at the rates of 8.5 cfs and 18.6 cfs respectively. Sub-basin "B" drains to a detention pond along the backs of Lots 6, 7 and 8. The pond discharges to the Frontage Road borrow ditch through an outlet struc- ture and pipe as detailed on Sheet 2 of 2 enclosed. The detention pond is designed to detain the excess runoff from both the 10-year and 100-year storms and release them offsite at a controlled rate so that the runoff does not exceed the runoff from the predeveloped site. The actual detention capabilities for the detention pond are in excess of the required volumes. (Note that the weir above the 10 year release orifice is six -3- 881022 (6) inches above the calculated 10-year storm water surface elevation and that the emergency spillway elevation is 0.7 feet above the calculated 100-year storm water surface elevation. CONCLUSION In conclusion, the proposed development will not adversely affect the existing onsite conditions or offsite drainage patterns if built as designed. A copy of the Drainage Plan, Detention Pond and Details and miscellaneous calcu- lations are enclosed for your review. -4- 881022 EXHIBIT "A" 881022 --.17/re-el /c A.Ani'7f r 1 //l /5/794 10 /#i Et- /2�lwni lii9�Gr/t�T7a�5 — /A Tare/c...-- Alai=-2y (41-7a-A,4e_ 77!0.0 - Or cr4 SG4-efs7- ) / - /...e, C ,-1c- Cie = , , 20 c,00 r o, yv /- -n 6 4 ,,7' Ste,i ,A.fl'o ,w /4 / a✓ll4((7c,s Jo on) 7-7?--n--- 6O / , l,9c,E 6?.? 2 ��-)1,-7„.i& i neE o,= C:fkkas, moot) T _ -St D ' /v �,9wy2ft.--i /J, ,v /J g = 30.29 - sv.2o = , s= 9 = of7 %et o � 3 /�csr�c�-t, � T= 17th t = / 8 Ci/ - c) 666, 603 /U M 4-. = / 5/ 5 (/-/ - o) 4- O,-W) y,100/ 1 = ,1f, /44i MO 74 4 = / f) Ci,/ - O,Ye) F�j 16 = ,e,e, y ,4,v 4 = /61O / Ce o s s 6,2,i fie y 4/1-r- Bozo - 5-Dar = /5-1 s = /C _ / Y62 /070 �EZ. S rn7-6/gin; /asi?/va" (`/ JAJ s = O. 5C/'5 exs-oon , . co?, Vic, . 6`/'f) /les/0 1170/1/4. _ /o 7O ' 6o35X- s--c% 881022 /// /vY� / ,e(r 9 e0,.2 = %U/.r T = J2.Y 2a,z L/? o r = .J D Akc ec S 190/7-/ /fe, 50.2 6-70 _25 0 = S A'Afc /3GSocn /iry gZ a = G 1-d _ (D, 20)& o (,e 6) = i o c/s = Yo) (3 c) (/e- c) /2 ‘ GFS in/4.57 .0 _ /6, Gio O,.gO Gioo ` O YO o2oob ' O�n‘,,,A0 /1g= soeee - y99s = ey, _ /, $ 6/ -o. y) Sal/?r _ "Cs /OA/ /5°D/ a r/-7 /4„/ /6/4 T = f 1/, ? = X004 C = .75 c 7/, ? = S1, v /VA/ 881022 • / 70 /.c/%7 ( 7 rewe& (O,yo) (/' 8) C/S, S> 2o, 7GAS ecirf-d4c/A 3 = /g ate() Co r &' Y° /10O 4%'= SZz2 - y99s= 22 ' /45'06 /0/leQ = ne/ p,e /rso " 3/, 6 / ,�/ /O6 Yt / G 6-/- a '7) ' /i3Z -e S /1-O/0 _ /700/ = 1° /o A /� = g/ ct C= s2 / /� r .<2y < f zss = 5D, / /2 -' 881022 /// le/ // o = roe -70) 5,> Ols, C, 7 °cc T:94 A er/f O gee-4 % ,%a O 5";7"6- fircirrOfi", Dio So (• ? Cr 2 /S, O G,s GFc Cg-s- GFs C,/oo /2, 6 .?o, 2 23. / c/, c' 5 5 C.F s G C S �L-1��2dY�c,O /rr s/ J v11 9S/442) / Yolle rlc e//-✓r -Tia/,/Er,? /o //"touT:94 /frecn✓ /1 ✓ /0,7217 o,zo - .704 Crzoss (z C a& // so/2 - Sv/7= y' ..5- = poO /0' lie AU / - D,.70> 7/707 /:; ?.5s�/41 /00 V/2 t = /_ 8 (7, / - o,y0) viro /.✓ /� 73 - / - 0 / � 881022 // ,l= //oo ' /J y = s-o/J - //O 90 : /s, //oU 7 / 1K 2 6e,15-5 �. E" 19ii2/-/ Vim. = Ptaf //oo = /O, a / Xe - /v , 8 = 7r 3 / /04 4 - /2- o I /o, 8 - = C(, CO(.� y) (c71) = o GCis c3 - 11AS © - 2 /Q ,G 7 ifio#✓,fV/s2 /hoe's) ,! = Coo ` Sf 6epimr = e 2 - sa,7 /a ' 57O /d /2 - /. e (/, I - 6 .Zo) sao/ $7o = aZo. o /c1,Ai fro Yec = / 8 (2 ( - 0,7o) v szz/ '.� v = 2.?. Y /1/Ai 881022 - = /.75.V /ti 6,-,sy6-)0 arty 4/1= sa'y - Soos 2 /75z) = /%�/,J /75v//o /o% _ / - -gg t iy - re. /1 C/0 /007//Z- ? y /4/ _ ?C / i.1"/ _l - 07e /5 //f/ Sr 3 s /^ C‹ 2)(Z `')0, ) /tc GAS 5741 &'9S/a/ © - -IC/MC / -1-21/1•-/ /n/ /gIy✓-✓J iee ft- 506 Cfi-o s s 61 ✓,n Y /f y = s0-2) - SO/2 = /v ' svO 881022 7)7 /id K.( 47 r-- / 6-7 zli----o0/ C74; r egcs-1-7,,Q /0 A 4:- s vo) 511-0/0,-; /i,,) .'svo (/tom / rFps zet: ecr6c/5--/ = .27 sAf/A, /OA G = .20 ' 27- a = / ; 2 Yt 22. 0 = 2 /Au //4k 0/0 = o. st>C% 0)0C-4 = ?Cr Y CA:75 Q . (O-‘7)(1,/)<?G,/z = y2 2C Cc-5 881022 Ceica,x--fra-: fir x0(1/49/ a—' l/= /61 /?c s,oc.-1 f-4). /.20/, ./.2o '7 / o Sy-an _ (: n8I -p, oo er? 3 sa> /00O 1 / Tom- V/das,44-35- �ti 2> OA T� Q' // ✓r,7v9-rev, (a z Areaen ceii ) /Se t %C 5n -e2 f--z./44. 4, /79ia,2 .r/s./Ct C/I Z AlrjeWv<d as> /i✓ri //?a' �c_744.4/4/X7L'YZ /1.)/4.#04./4. 5 , 4 t A/c5 Puke i2?i&1, . ("s 2 - - --k2v/o as) ) 72/al T- l476/./f 70 � // p2&f eds arcs ,6 77-&-- c7- -- X.)tha o / ? - 42 /5-5467,15 : oe k 6,28)(5-2) - e &rims- /ao v V = (a,o 7 ifs-2OC-/Z) = 2 `/4 ` 14 ,� O•c 3d- 6; S 881022 99. v ?e,9 s3? t/- g oon ? iie/5' 7 72. O - S? 57( /' 537 ,/KFr9 &17oo. 00 = ,,,,g C 5-0 .z.(777.—_ 7 .6eV � (/= /re) /OYF� ' `/61/1.,9 /?e 99. 3t (. ,515-7) - / 90 /o0O :e?) /esolileilleAn7 881022 0 // Q = C ,C // 0 C = 2 / an ere d40 w/ ��oacio (//osTnc,9.-7 Cen c 61C 5/2 M, � 20 Y, ✓, ?T3) /- 0 ' (sooa'TT ≤DO/ ) 27 .?6 = 0, /) C ) (/ ° /) //2re—/c c C-/-74),A4-2 > kia/61 i„4,✓ " /O CA-5 nccoc.-,, is 2t t ' /yoc- fl3/t S. yt (fix /, S S , c O 0,7 / = a, 0/6 (cSoc r , 2y/ Tic- 266) // " // ? G✓ )O /*niHEre'n = 2(256 ) = ,y/? ' -0 '2y3 881022 // / Y�� VNz Q = i Can?“ Coo & = /. ,‘.? CAS O, o a V / / Z / c �/�S ✓ a/ /5-2,7) t2-;/6A/L-0 T C?-29/-J 881022 EXHIBIT "B" 881022 as7-p>z,, /C ..5- GG5- �-- = CI h_ _ eic s7OCM , Q: /00/, /9.; /dd2 C.( = iS (ICS 7OCeti ) SZnA-1 /101. 9. e , /-Zo /n Y / „ g b z v `j = y8', / - (*Co r o, 2S) Ct _ (,cs><a,/2c� -7fizos = /21 crs /may 2 " O Onr,« z ? G/ _ 2i / (, o 4, 29) 3 / c <O,(r) (1, 2(9 I.Zx32.-2x -70/ oe ? CAS r �se 881022 71/ec/K s/Z- / /d6) fie S77e-.-r 7/e2c=.95G 47, Gnu- de SH41/° C,fc /1/77/ /4no ,Z 770 f= / 2 • , (//9A„-- &' = ey, GFs -?3 9 = C3 v)(2..ej) 3 881022 EXHIBIT "C" r 881022 de--(c /7//2-1-0 C ni� s / / /c M0 * S mr A4--n-4c 6- /7c yi/. ,o d 5/ f/4< /-77 7( A✓° G/so (9% g-e, O,cJ /-7/4wnv/aJs /Ong-9 O,c go 2 U� c.(7/ /or" TES /o7-3. �/�� g/e/c /S7 a7o/!%/"l7J /0 /%-ffr7su4,a/,✓n /a 6/24 %/x/52/(z,✓/, !on /�/.�,� r� f , ��s Gtt2< ///41/7-ye--, L7/sic St-0 //✓�'r/AG2 C SCV4.<.c T / /4-1° 74,5dA-7/,✓r, e-7.9cs7 S;71" !//4-c- 7f- eci�ISc io) 16 `24 /.✓t, S hA<xJ- , /e 72 /f/Yt/(i./G `` c'� rz, / /1E-1‘7 /c-c 77"K G✓&<. /7 //4r /zuce/✓ /4Xe (2574,•?o) t 6-c2) p, 75) 2)(a 96) _ a 5---c //late oc-2)(0,y0) t 6-o 7,)&, ,92) = D, c 881022 . MEMORANDUM TO: Merle Johnson //�� FROM: E. Wayne Wentworth, P.E. [4f/� SUBJECT: Futura Park North P.U.D. Septic Systems DATE: March 9, 1988 Per your request, I have reviewed Empire Laboratories Preliminary Geotechnical Investigation report for the subject project (their Project No. 12484-87, dated November, 1987) to assess the feasibility of putting individual sewage disposal systems on the sixteen (16) proposed lots in accordance with Weld County Health Department standards. The referenced report shows that eight (8) perc tests were done on the site, being roughly located on Lots 1 (Test #1), 4 (Test #2), 6 (Test #5), 8 (Test #7) , 9 (Test #8), 11 (Test #6) , 14 (Test #4), and 16 (Test #7). The perc tests indicate that the soils on Lots 6, 9, 11, 14 and 16 are suitable for standard absorption bed or trench systems. The remaining three (3) tests show the soils to be unsuitable due to slow perc rates. However, looking at the location of the tests and their respective perc rates, I believe it is probably possible to find areas on each lot that will be accep- table for standard absorption beds on at least 75% of the lots as the lots are presently laid out or by adjusting some lot lines which will meet Weld County Health Department standards. Some of the beds may need to be raised (mound system) to get at least four (4) feet of soil material between the bottom of the bed and bedrock or ground water,. but they will still be absorption systems. The boring logs show that the types of soils are fairly uniform throughout the site with shallow bedrock in the southwest corner and shallow groundwater in the southeast corner (the ground generally slopes down from the southwest towards the northeast at approximately 1.25%). The discrepancy between uniformity of the soils and the variations in the per- colation rates indicates the presence of pockets of soil that might be referred to as pockets of "tight" soil ; pockets where the soil is more densely packed than areas around it. I don't have an explanation of how this happens, but I have run into the same situation before on several occasions. In those previous situations , we were able to find areas on the lots that had acceptable perc rates even though our initial tests indicated some rates that were too slow. 881 022 Memo to Merle Johnson Page 2 This is the same situation and I believe you can do the same thing here since you have an acceptable rate (Test Hole No. 5, perc rate of 40 minutes per inch) located between two unacceptable rates (Test Hole Nos. 2 and 7, perc rates of 240 minutes per inch) in roughly a straight line distance of approximately fif- teen hundred (1,500) feet. I would strongly recommend that additional perc tests be done before the final stage of planning is done on this project to assure that you can get at least 75% of the systems as standard absorption systems. The only holes that Empire encountered water in during the drilling of the test holes are Hole Nos. 7 (-water at 7.5 feet) and 8 (water at 3 feet) at the extreme -east edge of the property. Bedrock was at four (4) feet in Hole No. 3, six (6) feet in Hole No. 4, ten (10) feet in Hole No. 6, eleven (11) feet in Hole No. 7, eleven-point-five (11.5) feet in Hole No. 5, twelve (12) feet in Hole No. 1., and was not encountered in Hole Nos. 2 and 8, which were drilled to depths of fifteen (15) feet. At this point in time, no eight(8) foot deep soil observation holes have been dug to determine the maximum high ground water level . It is highly unlikely that the ground water table can get high enough to make it impossible to put a workable mound system in. You would have to have standing water on the site for this to be a problem. However, I would recommend that such holes be dug prior to final planning. There should not be a problem of creating so much sewage that it will adversely affect the groundwater tble. If the existing irrigation ditch running across the site, that I understand is used to irrigate the north portion of the site, was putting one (1) cubic foot of irrigation water onto the site per second, then this would amount to a total of twenty-six thousand nine hundred and twenty-eight (26,928) gallons per hour, or six hundred forty-six thousand two hundred seventy-two (646,272) gallons per day, most of which will end up in the ground. At fifteen (15) gallons per person per day for heavy commercial zoning, it would take one thousand seven hundred and ninety-five (1,7%) employees a full day to generate one hour's worth of irrigation water in sewage waste water (or 43,085 to generate 24 hour's worth) . Once the site is developed, the volume of waste water going into the ground will be far less than the irrigation water that presently seeps into the ground. /b_eg - %Ci, /Lfa' Jrj G-.(.'�_ - �r o " I r,-'i„ `ri- �5v G0• CO/ ,I�YD ceo , L Cc _r 4 -U Nf 'yM r� _ �lfJ 11/ ; �1 881022 Memo to Merle Johnson Page 3 NOTE: I contacted Boulder County to determine if they had any figures on square feet of work area required per employee for this type of zoning in an attempt to project the total number of employees that might work at this site. The only figures they had were for light industrial zoning, which was 400 s.f. per employee. Business in heavy commercial zoning is far less labor intensive than business in light industrial zoning (basically warehouseing versus manufacturing) . But using this same 400 s.f. per employee and assuming that half of the total deve- lopable area is going to be buildings (which is not likely) than the maximum number of employees on this site would be two thousand two hundred twenty seven (2,227). X39!.. 2,2 Hello