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Home My WebLink About940250.tiff_ .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. RESOLUTION RE: GRANT FINAL PUD (PLANNED UNIT DEVELOPMENT) PLAN, FIRST FILING, AND SITE SPECIFIC DEVELOPMENT PLAN FOR JAMES H. SCOTT, JR. (SHILOH, INC. ) 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, a public hearing was held on the 27th day of April, 1994, at 10:00 a.m. for the purpose of hearing the application of James H. Scott, Jr. (Shiloh, Inc. ) , requesting a Final PUD (Planned Unit Development) Plan, First Filing, and Site Specific Development Plan for a parcel of land located on the following described real estate, to-wit: Part of the SE* of Section 4, Township 6 North, Range 67 West of the 6th P.M. , Weld County, Colorado WHEREAS, James H. Scott, applicant, was present, and WHEREAS, Section 28.14 of the Weld County Zoning Ordinance provides standards for review of such a Final PUD Plan, and WHEREAS, the Board of County Commissioners heard all the testimony and statements of those present, studied the request of the applicant and the recommendations of the Weld County Planning Commission, and, having been fully informed, finds that this request shall be approved for the following reasons: 1. The applicant has complied with all the application requirements listed in Section 28.9 et seq. , of the Weld County Zoning Ordinance. 2. The request is in conformance with Section 28. 14 of the Weld County Zoning Ordinance as follows: a. The proposed PUD Plan is consistent with the Weld County Comprehensive Plan and is compatible with future development as permitted by the existing PUD District and plans of affected municipalities. The Town of Windsor and the City of Greeley have reviewed the request and found no conflict with their interests. b. The PUD Plan conforms to the approved PUD District. The Utility Coordinating Advisory Committee reviewed and conditionally approved the PUD Utility Plan at its September 10, 1993, meeting. c. The proposed PUD Plan conforms with the performance standards in Section 35.3 of the Zoning Ordinance. d. The PUD Plan site is not located in an Overlay District Area. PL0952 940250 FINAL PUD PLAN - SCOTT (SHILOH, INC. ) PAGE 2 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of James H. Scott, Jr. (Shiloh, Inc. ) , requesting a Final PUD (Planned Unit Development) Plan, First Filing, and Site Specific 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. The Board of County Commissioners shall approve the subdivision improvements agreement and the form of collateral, and the security for the agreement shall be tendered and accepted by the Board of County Commissioners for the subdivision improvements agreement. Exhibit B of the Subdivision Improvements Agreement shall be amended to demonstrate if any of the procedures will overlap. b. The applicant shall submit evidence to the Department of Planning Services' staff that the covenants approved by the Weld County Attorney's Office are ready for recording. c. Any wetlands shall be delineated, mapped, and shown on the PUD Plan map. 2. The following notes shall be placed on the PUD plat prior to recording: a. The uses permitted within the PUD Plan shall consist of those uses allowed by right, accessory uses, and Uses by Special Review as identified in the E (Estate) Zone District of the Weld County Zoning Ordinance. b. Water service shall be provided by North Weld County Water District in quantities adequate for the proposed uses and fire protection. c. Sewage disposal shall be provided by Individual Sewage Disposal Systems (ISDS) , and shall be installed according to the Weld County ISDS Regulations. ISDS Permits shall be finalized and approved by an Environmental Protection Specialist within one (1) year of the application date. d. No vehicular access other than emergency access shall be permitted to the site from the access easement to the east of Lot 8. e. Any required emissions permit shall be obtained from the Air Pollution Control Division, Colorado Department of Health for fugitive dust. 940250 FINAL PUD PLAN - SCOTT (SHILOH, INC. ) PAGE 3 f. Fugitive dust shall be controlled on this site. g. No permanent disposal of wastes shall be permitted at this site. h. Wood shavings, saw dust, and waste materials shall be handled, stored, and disposed of in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. i. The Weld County Health Department requires this facility utilize North Weld County Water District for the domestic water supply. j . All construction activities that disturb more than five acres shall be required to obtain a stormwater discharge permit from the Colorado Department of Health, Water Quality Control Division. k. Existing irrigation ditches shall be maintained in good order and not allowed to erode due to impacts such as horse trails and play areas associated with this subdivision. 1. Any request to make a major change to an approved Planned Unit Development Plan shall be processed as a new application for a Planned Unit Development Plan under Section 28.9 of the Weld County Zoning Ordinance. This may include, but not be limited to, requests for vacating all or parts of an approved Planned Unit Development Plan for the purpose of major redesign or major corrections. The Department of Planning Services may waive application requirements which do not pertain to the proposed major change to the PUD Plan. m. The Department of Planning Services may approve minor modification to a Planned Unit Development Plan. The applicant shall prove to the Department that the minor modification is required by engineering or other circumstances not foreseen during the approval of the Planned Unit Development Plan. The Department shall not approve a minor modification if that modification does not conform to the Planned Unit District. n. The Board of County Commissioners may, without a hearing or compliance with any of the submission, referral, or review requirements of the Planned Unit Development Plan regulations, approve a correction to a Planned Unit Development Plan if the sole purpose of such correction is to correct one or more technical errors in an approved Planned Unit Development Plan and where such correction is consistent with its approved Planned Unit Development District. 940250 FINAL PUD PLAN - SCOTT (SHILOH, INC. ) PAGE 4 o. The property shall be maintained in compliance with Section 404 of the Clean Water Act. Proper Department of the Army, Corps of Engineers, permits shall be obtained prior to any work in an existing wetland. p. Roads within the subdivision shall be limited to a 20 mph speed limit. q. All roads within the PUD shall be dedicated for public use, privately owned, and privately maintained. r. Oil and gas production facilities shall be allowed within this PUD only with the approval of a Special Review Permit. s. All Uses by Special Review identified in the Weld County Zoning Ordinance Estate Zone District shall require the approval of a Special Review Permit prior to being conducted within this PUD. t. The setback or the dimension from the rights-of-way line for the landscaped entrance, including the seven-foot wall, shall be reviewed and approved by the Weld County Engineering Department to determine adequate site distances in both directions. The approved distance from the rights-of-way to the landscaping shall be shown on the PUD Plan map. u. The location of all fire hydrants shall be reviewed and approved by the Windsor Fire Protection District staff. The approved locations shall be shown on the PUD Plan. v. Setbacks shall not be less than 60 feet from front and back lot lines, offsets from side lot lines shall be no less than 30 feet. w. All common open space shall be conveyed to the Shiloh Estate Planned Unit Development Community Association who will have responsibility and duty to preserve and maintain all open space. x. Signs shall be posted on roads within the subdivision that indicate 20 mph speed limit prior to the Certificate of Occupancy of the first residential dwelling. The size, design, and number of speed limit signs shall be determined by the Weld County Engineering Department using the Uniform Traffic Control Manual. 940250 FINAL PUD PLAN - SCOTT (SHILOH, INC. ) PAGE 5 3. Prior to the release of building permits: a. Construction Plan Sheet 3 of 6, Cross Section A-A, shall be amended to show the depth of asphalt and base as approved by the Weld County Engineering Department. b. The PUD Plan map has been recorded in the office of the Weld County Clerk and Recorder in accordance with the Weld County Zoning Ordinance. c. Evidence shall be submitted to the Department of Planning Services' staff that the Architectural Control Committee has approved the plans for the single family dwelling and/or outbuildings. 4. Prior to the release of the third single family dwelling building permit: a. The developer shall install a shed and outdoor area within the common arena. b. The developer shall grade and install the systems of trails. c. The developer shall install a system of carrier ditches and related works to insure lots within the Planned Unit Development have irrigation water available to them. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 27th day of April, A.D. , 1994. gueilluetBOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY O LORADO n Weld County Clerk to the Board 1,,.( f / , 92X, � W. H. ebster, Ch irman BY: Y(,C(V b' BY: i Deputy0lerk to the Board Dalle�/��/C, Hall, ro- em APPROVED AS TO FORM: / _/ / 1f; JGeor e . Baxter County A tornz Co tance L. Harbert arbara J. Kirkm er y 940250 HEARING CERTIFICATION DOCKET NO. 94-33 RE: SITE SPECIFIC DEVELOPMENT PLAN AND FINAL PLANNED UNIT DEVELOPMENT PLAN, 1ST FILING - JAMES H. SCOTT, JR. (SHILOH, INC. ) A public hearing was conducted on April 27, 1994, at 10:00 a.m. , with the following present: Commissioner W. H. Webster, Chairman Commissioner Dale K. Hall, Pro-Tem Commissioner George E. Baxter Commissioner Constance L. Harbert Commissioner Barbara J. Kirkmeyer Also present: Acting Clerk to the Board, Shelly Miller County Attorney, Bruce Barker Planning Department representative, Greg Thompson The following business was transacted: I hereby certify that pursuant to a notice dated March 21, 1994, and duly published March 24, 1994, in the Windsor Beacon, a public hearing was conducted to consider the request of James H. Scott, Jr. (Shiloh, Inc. ) for a Site Specific Development Plan and Final Planned Unit Development Plan, 1st Filing. Bruce Barker, County Attorney, made this a matter of record. Greg Thompson, Planning Department representative, entered the favorable recommendation of the Planning Commission into the record as written. James Scott of Shiloh, Inc. was present and stated all Conditions of Approval are acceptable. In response to questions from the Board, Mr. Scott stated the site is one-half mile south and west of Harrison's. Manuel Pineda, owner of property adjoining Shiloh on both sides, spoke in support of Mr. Scott and thanked the County for its cooperation. In response to a question from Commissioner Hall concerning Condition of Approval #2r, Mr. Thompson explained tank batteries, well heads, wells, etc. , associated with oil and gas production would require a Special Review Permit within a PUD. Mr. Barker stated the requirement is currently in place and that portion would remain in the Oil and Gas Regulations. Mr. Thompson indicated a Special Review Permit is also required for oil and gas facilities in Residential and Estate Zones. In response to a question from Commissioner Kirkmeyer concerning Condition of Approval #lb, Mr. Scott indicated he had not given a copy of the covenants to Lee Morrison, Assistant County Attorney, specifically; however, he had provided copies of them for packets. It was noted that the covenants must be approved by the County Attorney's Office and ready for recording prior to recording the plat. Mr. Scott reiterated that all Conditions of Approval are agreeable and will be complied with. In response to further questions from the Board, Mr. Scott indicated the south border of the property and the entrance are on Weld County Road 27. Mr. Thompson confirmed there were no negative referrals or concerns, and Mr. Scott stated the Town of Severance indicated there were no problems with the proposal. Mr. Thompson said the Board approved the PUD on September 29, 1993. Commissioner Hall moved to approve the request of James H. Scott, Jr. (Shiloh, Inc. ) for a Site Specific Development Plan and Final Planned Unit Development Plan, 1st Filing, based on the recommendations of the Planning staff and the Planning Commission, with the Conditions of Approval as entered into the record. The motion was seconded by Commissioner Kirkmeyer, and it carried unanimously. 940250 PLogfict RE: HEARING CERTIFICATION - SCOTT (SHILOH, INC. ) PAGE 2 This Certification was approved on the 2nd day of May, 1994. adifiertat APPROVED: ATTEST: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, OLORADO Weld County Clerk to the,^Board p{,�� libW it By: St�{/4 i /' ICY ' W. H. Webster, hai man x �I Deputy 4/ark to the Board Dai K. Hall, r -Tem TAPE 94-22 l zrZ Georg .� Baxter DOCKET #94-33 /;) C ,0j7—77rea-,g lthui< Constance L. Harbert PL0952 ' Barbara J. Kirkm er 940250 ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 27th DAY OF April 1994: DOCKET II 94-33 - Final Planned Unit Development Plan, 1st Filing - Shiloh, Inc. c/o Scott DOCKET II DOCKET 9 DOCKET 0 PLEASE write or print your name legibly, your address and the DOCKET 4 (as listed above) or the name of the applicant of the hearing you are attending. NAME ADDRESS HEARING ATTENDING .,y.,- < S,n* 330ga t, cl1 /5> 414d k TK.c ,Li e£•ku,m %bc,6 �S fOr P C `F P e //ev Lc, (wc 940250 NOTICE The Board of County Commissioners of Weld County, Colorado, on April 27, 1994, conditionally approved a Site Specific Development Plan and Final Planned Unit Development Plan, 1st Filing, 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: James H. Scott, Jr. , (Shiloh, Inc. ) P.O. Box 147 Lyons, Colorado 80540 LEGAL DESCRIPTION: Part of the SE! of Section 4, Township 6 North, Range 67 West of the 6th P.M. , Weld County, Colorado TYPE AND INTENSITY OF APPROVED USE: Final Planned Unit Development Plan, 1st Filing SIZE OF PARCEL: 75.54 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: DONALD D. WARDEN CLERK TO THE BOARD BY: SHELLY K. MILLER DEPUTY CLERK TO THE BOARD PUBLISHED: May 5, 1994, in the Windsor Beacon 940250 • AFFIDAVIT OF PUBLICATION STATE OF COLORADO as - COUNTY OF WELD I, ROGER A. UPKER, of said County of Weld, being duly sworn,say that I am publisher of plan creel*. a vested AND OF COUNTY property right pursuant 10 COMMISSIONERS WINDSOR BEACON Article 68 of Title 24,C.R.B., WELD COUNTY, as amended,for a period of COLORADO three years. a weekly newspaper having a general circulation in said BY: DONALD D.WARDEN County and State, published in the town of WINDSOR, in APPLICANT:James H. CLERK TO THE BOARD Scott,Jr.,(Shiloh,Inc.) said County and State; and that the notice, of which the P.O.Box 147 BY: SHELLY K.MILLER annexed is a true copy, has been published in said weekly. Lyons,Colorado 80540 DEPUTY ARD CLERK TO THE for / successive weeks, that the notice was LEGAL DESCRIPTION:Part published in the regular and entire issue of every number of of the SF114 of Section 4, Township 6 North,Range 67 Published In the Windsor the paper during the period and time of publication, and in West of the 8th P.M.,Weld Beacon on May S,1994. . the newspaper proper and not in a supplement, and that County.Colorado the first publication of said notice was in said paper bearing TYPE AND INTENSITY the date of the N O T I C F OF APPROVED USE:Final Planned Unit Development J day of �'1-u-t/ A.D., 19 ?`"/and the The Board of County Plan.1st Filing last publication bearing the date of the Commissioners of Weld day of , A.D., 19_ and that _County,Colorado,on April SIZE OF PARCEL:75.54 27, 1994, conditionally acres,more or less the said WINDSOR BEACON has been published approved a Site Specific continuously and uninterruptedly for the period of 5 Development Plan and Final Failure to abide by the terms Planned Unit Development end conditions of approval consecutive weeks, in said County and State, prior to the Plan, 1st Filing, for the will result in a forfeiture of property and purpose the vested property right. date of first publication of said notice, and the same is a described below. newspaper within the meaning of an Act to regulate printing Conditional approval of this of legal notices and advertisements, approved May 18, 1931,and all prior acts so far as in force. • ‘j/L.A_ aHER Subscr d and sworn to before me this 3�,a day of y' NOTARY PUBLIC My commission expires .-2.y z / 9 9 4- a • 940250 NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Ordinance, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado, at the time specified. All persons in any manner interested in the Site Specific Development Plan and Final Planned Unit Development Plan, 1st Filing, 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 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. DOCKET NO: 94-33 APPLICANT: James H. Scott, Jr. (Shiloh, Inc. ) P.O. Box 147 Lyons, Colorado 80540 DATE: April 27, 1994 TIME: 10:00 a.m. REQUEST: A Site Specific Development Plan and Final Planned Unit Development Plan, 1st Filing LEGAL DESCRIPTION: Part of the SE* of Section 4, Township 6 North, Range 67 West of the 6th P.M. , Weld County, Colorado LOCATION: North of and adjacent to Weld County Road 72; approximately o mile west of Weld County Road 19 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: DONALD D. WARDEN WELD COUNTY CLERK TO THE BOARD BY: Linda M. Dodge DEPUTY CLERK TO THE BOARD DATED: March 21, 1994 PUBLISHED: March 24, 1994, in the Windsor Beacon .64/hifb 940250 > «/z � „ ' x 9A a- \ / ' /1 1•\ �(/ ; yx\\ r KO ` - G•• \ \ \ \• al O \ra \ • \\ \ \ . / ^ � \ \\\6 417 rt, o 4.;0 \�� k 2 p4CZO MSS Ce/Meriatt 10th Flaer, ,'�4tl�etaat�l nt a traillib radar tta s of Cob Mrs the DOCKET NO:E 44- AFFIDAVIT OF PUBLICATION co Zo MI 1 willba APPLICANT: STATE OF COLORADO In hambedt H. Scott.dr. ss - t,$ Board ii b0) COUNTY OF WELD fl a u n t x 147 O atissbnera L CoiorMs I, ROGER A. LIPKER, of said County of Weld, being duly Cou Cents sworn,say that I am publisher of ►a9 5 7 Y '3 y WINDSOR BEACON First 1 DIY TIME: -, a weekly newspaper having a general circulation in said at the *aftled. t t A County and State, published in the town of WINDSOR, in s In {. '. ' said County and State; and that the notice, of which the intereill>iE " annexed is a true copy, has been published in said weeky bi Ma Site Spate teste i !DMt for / successive weeks, that the notice was 0.80pmeM PIS Final Planned let ,'> published in the regular and entire issue of every number of add MelttleveloprasM -E a- A L the paper during the period and time of publication, and in IMO.let Filings 414 CRtPTION: the newspaper proper and not in a supplement, and that wwSSed to edited of ,SE,td4 the first publication of said notice was in said paper bearing SS maybe healtl.. S h 4, the date of the ` .gy day of Jk.v+-- - A.D., 194 Y� and the S� d last publication bearing the date of the il�tastedor a (yts day of A.D.• 19_ and that illike p a the said WINDSOR BEACON has been published of a TK}N:Nanh continuously and uninterruptedly for the period of 5 tor�a$1! consecutive weeks, in said County and State, prior to the edn gtk I,• 4i, m I date of first publication of said notice, and the same is a on to •' to f ea of I newspaper within the meaning of an Act to regulate printing record County Mead of legal notices and advertisements, approved May 18, Si Kopf f 1931,and all prior ads so far as in force. hearing, to the *SSIC� ��r OF be advi U No* Sid at least• ' D C�OU jui\-- JJ8 ISHER -prior to tOLORADO . The Subscribed and sworn to before pre this 2-S day of ng aY DONALD D. ,c„--eh. 19 er shalt** IISIDEN by no COUN ing paw, .. K TO THfi ,i4-.bo — — CORD NOTARY PUBLIC IT Alm „ N that MY: Linda . M. J `�7 ' / 2 and maps MP My commission expires /! oMNled by Mtn TY CLERK Weld tennis + 'THE BOARD Oswnlsslon mayMardi g1,, rtaamined In the S4 of the CMdt the Board of D/ L hS H I : a trosusit age,la ;..,- indoor .-xa,y, a batted froolitag Cou ' -P" >'° 940250 CERTIFICATE OF MAILING The undersigned hereby certifies that a true and correct copy of the foregoing Notice of Hearing, Docket #94-33, was placed in the United States mail, first class mail, postage prepaid, addressed to the following property owners. 1-4 DATED this l�J day of Qpn , 1994. ag Lim/thy° Deputy Cle4l to the Board Pineda and Sons, Inc. 35065 WCR 19 Windsor, CO 80550 Jack W. Holmes Box 567 Amarillo, TX 79100 Albert S. and Marie A. Swanson 813 Walnut St. Windsor, CO 80550 D. L. Percell 410 17th St. , Suite 2220 Denver, CO 80202 Dean L. Cummins 1923 26th Ave. Greeley, CO 80631 Warren Ehrlich PO Box 833 Windsor, CO 80550 Windsor Farms, Inc. Box 60 Milliken, CO 80543 Norman and Georgia Johnson 8120 WCR 72 Windsor, CO 80550 Raymond and Gloria Winder 34681 WCR 19 Windsor, CO 80550 James M. Scott, Jr. (Shiloh, Inc. ) PO Box 147 Lyons, CO 80540 940250 WELD rflEmORRnDum : ; 1w 1!�� oQ Wine Clerk to the Board �� PA9p?i1 27, 1394 To Date Greg Thompson, Current Planner 6i CLERK COLORADO From TO THE BOARD S-354, Shiloh, Inc. Subject: Please include the enclosed sign posting certificate in the abovementioned case file. (.\,e-),tr( ; Cam" 940250 THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY. IN THE EVENT THE PROPERTY UNDER CONSIDERATION IS NOT ADJACENT TO A PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY, THE APPLICANT SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY. 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 10 DAYS BEFORE THE BOARD OF COUNTY COMMISSIONERS HEARING FOR CASE q S -a sc/ THE SIGN WAS POSTED BY: rote. ScD �I NAME OF PERSON POSTING SIGN (0411117 GNATURE OF APPLICANT STATE OF COLORADO ) ss. COUNTY OF WELD ) SUB'S tz p, AND SWORN TO ME THIS d " -6AY OF BP , 19 L ,'SEAL, ir•r G OA�f ' NO Y PUBLIC MY COMMISSION EXPIRES . I , ( Crt. • LAST DAY TO POST SIGN IS : ! - J 1 , PLEASE RETURN THIS FORM TO THE DEPARTMENT OF PLANNING SERVICES' OFFICE ON OR BEFORE THE DATE OF THE HEARING. 940250 STATE OF COLORADO OIL&GAS CONSERVATION COMMISSION Pill#7111 Department of Natural Resourt es 1580 Logan Street, Suite 380 Denver,Colorado 80203 Phone:(303)894-2100 FAX:(303)894-2109 April 12, 1994 DEPARTMENT OF NATURAL RESOURCES Roy Romer Governor Greg Thompson Ken Salazar Weld County Planning Services Executive Director 1400 North 17th Avenue Richard T.Griebling Director Greeley CO 80631 Brian I Macke Deputy Director Patricia C.Beaver Technical Secretary Dear Sir: In reviewing Case Number S-354, application for a PUD Final Plan for Shiloh Estates, our agency found the statement in the covenants that mineral development would not be allowed on the property. If this property is currently subject to a mineral lease for oil and gas development, that lease will govern development of minerals underlying the property, subject of course to applicable Rules and Regulations of the Colorado Oil and Gas Conservation Commission. A "no surface occupancy" provision can be included in the lease if the property is not currently under lease. In addition, a "High Density Area" designation can be procured for the property to increase setbacks of oil and gas operations. Please don't hesitate to call me if you have any questions about this letter. Sincerely yours, • Robert J. Van Sickle Petroleum Engineer APR 1 1!!4 6 x hc r'y�� F c? �a t �' • 4 4§ DEPARTMENT OF PLANNING SERVICES PHONE(303)353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 1400 N.17TH AVENUE GREELEY, COLORADO 80631 • COLORADO J,i'`o• Date: February 15, 1994 V;S- CASE NUMBER: S-354 td3y TO WHOM IT MAY CONCERN: Enclosed is an application from Shiloh, Inc. , for a Planned Unit Development Final Plan. The parcel of land is described as part of the SE4 of Section 4, T6N, R67W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is north of and adjacent to Weld County Road 72; approximately 1/4 mile west of Weld County Road 19. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by March 1, 1994, so that we may give full consideration to your recommendation. Please call Greg Thompson, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it 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. We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: S.k,Xp V61-1,--714-4 � Please`refer k (�/ to the enclosed /•letter. /� Signed: /) , V4 ?14-4 Agency: (otoRnoo Di< t G,45 C0N5, L. oMM. Date: APR 12 1994 APR 15 1994 VPia co 11 PI941250 /to mEmoRAnDum Clerk to the Board April 15, 1994 To ante Greg Thompson, Current Planner COLORADO From S-354 Subject: Please include the enclosed referral response with the abovementioned case file. 940250 mEmoRAnDum VIII Clerk to the Board March 21, 1994 To Date r Greg Thompson, Current Planner C'' COLORADO From S-354 Subject: Enclosed, please find the original of the referral response which was received from the Colorado Geological Survey. Please include it in the official case file. cxhrbrf.5 940250 STATE OF COLORADO OLORADO GEOLOGICAL Geology SURVEY Division of Minerals and GeologyId (1(1 ��1�[,�]]L�CCt lL.�iL.7V\ ._ Department of Natural Resources 194 1313 Sherman Street, Rm. 715 MAR 2 ` 9 7 Denver,Colorado 80203 WE-94-0017 DEPARTMENT OF Phone(303)866-2611 NATURAL FAX(303)866-2461 -•IOla annntAPlanning RESOURCES March 14, 1994 Roy Romer Governor Ken Salazar Mr. Greg Thompson Executive Director Dept. of Planning Services Michael B.Long Division Director Weld County Administrative Offices Vicki Cowan 1400 N. 17th Ave. State Geologist Greeley, CO 80631 and Director RE: Shiloh Estates PUD, Case # S-354 Dear Mr. Thompson, At your request and in accordance to S.B. 35 (1972) this office has reviewed the materials submitted for the abovementioned PUD. A site inspection was conducted on March 10, 1994. The property in question has been in use as irrigated farmland. Two concrete lined irrigation ditches cross the property and are being retained. The landscape is essentially flatlying with a slight grade to the northwest towards the major drainage canal of the area. The lowlying area adjacent to the existing drainage pond is planned for open space and horse arena. Native soils of this area originated from windblown dust, silt, and sand (Eolium). This material has the potential to compact when wetted. We concur that shallow ground water may be a concern. This office did not receive the subsurface investigation report dated June 17, 1993 but suffice to say hydrocompactive soils may impact foundation and concrete pad design and perched water tables may impact septic system designs. We recommend that site specific geotechnical engineering investigations be conducted for all residential structures and their septic system locations. Landscape design should incorporate drainage features to prevent standing water from accumulating next to building foundations. Provided the recommendations by the geotechnical engineering consultants are followed and our concerns are addressed this office has no reservation with the PUD as proposed. Please contact this office if you have any questions. Sincerely, khan L. White Engineering Geologist ¶ à. I&) 'a 940250 DEPARTMENT OF PLANNING SERVICES itt,g PHONE(303)353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES Ci RF�`��r�^ N RA AVENUE °J GREELEY, COLORADO 80631 COLORADO FEB 281994 �� '3s I -oa7e COLD. GEUL. SURVEY CASE NUMBER: S-354 Date: February 15, 1994 TO WHOM IT MAY CONCERN: Enclosed is an application from Shiloh, Inc. , for a Planned Unit Development Final Plan. The parcel of land is described as part of the SE4 of Section 4, T6N, R67W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is north of and adjacent to Weld County Road 72; approximately 1/4 mile west of Weld County Road 19. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by March 1, 1994, so that we may give full consideration to your recommendation. Please call Greg Thompson, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it 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. X We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. )C. Please refer/ ,too/ the enclosed letter. Signed: ((�,�.et/A, / V/A% Agency: �c'J/. (.:� . firve/t�f Date: /+,- J \I FA XE Dl MAR 2 1 1994 era) .1,p'r,Oran*,Planning 940250 SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING March 15 , 1994 Page 5 CASE NUMBER: S-354 APPLICANT: Shiloh, Inc. REQUEST: A Planned Unit Development Final Plan LEGAL DESCRIPTION: Part of the SE4 of Section 4, T6N, R67W of the 6th P.M. , Weld County, Colorado. LOCATION: North of and adjacent to Weld County Road 72; approximately 1/4 mile west of Weld County Road 19. Larry Intermill, representative, explained this is the final step in the Planned Unit Development process. There will be 14 lots ranging in size, from 5. 3 acres to 2.2 acres. They have no problems with the Department of Planning Services' staff recommendation. The Vice-Chairman asked if there was anyone in the audience who wished to speak for or against this application. Manuel Pineda, surrounding property owner, said he supports the Shiloh, Inc. proposal. This application will be compatible with the neighborhood. Jim Scott, applicant, asked that Keith Schuett clarify the sign posting after the issuance of the first Certificate of Occupancy. Keith Schuett suggested they moved Condition of Approval #3a to Condition of Approval #2x and post signs of 20 mph prior to the Certificate of Occupancy of the first residential dwelling. Bud Clemons moved Case Number S-354, Shiloh, Inc. , be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for approval. Motion seconded by Ron Sommer. The Vice-Chairman asked the secretary to poll the members of the Planning Commission for their decision. Shirley Camenisch - yes; Marie Koolstra - yes; Bud Clemons - yes; Ron Sommer - yes; Richard Kimmel- yes. Motion carried unanimously. Consider rescheduling June 7, 1994, Planning Commission Meeting. Keith Schuett explained to the Planning Commission that the Department of Planning Services would not need to reschedule the June 7, 1994, Planning Commission Meeting. Meeting adjourned at 4:30 p.m. Rerectfully bmitted, Sharyn ! Ruff Secretary 940250 ; fri;7)7r BEFORE THE WELD COUNTY, COLORADO, PJANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Bud Clemons that the following resolution with the addition of Condition of Approval 2x, the deletion of Condition of Approval 3a, and consequent renumbering, 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-354 NAME: James H. Scott, Jr. , (Shiloh, Inc. ) ADDRESS: P.O. Box 147, Lyons, Colorado 80540 REQUEST: A Site Specific Development Plan and a Final Planned Unit Development Plan, 1st Filing. LEGAL DESCRIPTION: Part of the SE4 of Section 4, T6N, R67W of the 6th P?M. , Weld County, Colorado. LOCATION: North of and adjacent to Weld County Road 72; approximately 1/4 mile west of Weld County Road 19. be recommended favorably to the Board of County Commissioners for the following reasons: 1. The applicant has complied with all the application requirements listed in Section 28.9 et seq. , of the Weld County Zoning Ordinance. 2. The request is in conformance with Section 28.14 of the Weld County Zoning Ordinance as follows: a. The proposed P.U.D. Plan is consistent with the Weld County Comprehensive Plan and is compatible with future development as permitted by the existing P.U.D. District and plans of affected municipalities. The Town of Windsor and the City of Greeley have reviewed the request and found no conflict with their interests. b. The P.U.D. Plan conforms to the approved P.U.D. District. The Utility Coordinating Advisory Committee reviewed and conditionally approved the P.U.D. utility plan at its September 10, 1993, meeting. c. The proposed P.U.D. Plan conforms with the performance standards in Section 35.3 of the Zoning Ordinance. d. The P.U.D. Plan site is not located in an Overlay District Area. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding this request, and responses from referral entities. exl1/hd- 940250 RESOLUTION, S-354 James H. Scott, Jr. , (Shiloh, Inc. ) Page 2 The Planning Commission' s recommendation for approval is conditional upon the following: 1. Prior to recording the P.U.D. Plan plat: a. The Board of County Commissioners shall approve the subdivision improvements agreement and the form of collateral and the security for the agreement shall be tendered and accepted by the Board of County Commissioners for the subdivision improvements agreement. Exhibit B of the Subdivision Improvements Agreement shall be amended to demonstrate if any of the procedures will overlap. b. The applicant shall submit evidence to the Department of Planning Services' staff that the covenants approved by the Weld County Attorney' s Office are ready for recording. c. Any wetlands shall be delineated, mapped, and shown on the P.U.D. Plan Map. 2. The following notes shall be placed on the P.U.D. plat prior to recording: a. The uses permitted within the P.U.D. Plan shall consist of those uses allowed by right, accessory uses, and Uses by Special Review as identified in the E (Estate) zone district of the Weld County Zoning Ordinance. b. Water service shall be provided by North Weld County Water District in quantities adequate for the proposed uses and fire protection. c. Sewage disposal shall be provided by Individual Sewage Disposal Systems (ISDS) , and shall be installed according to the Weld County Individual Sewage Disposal Regulations. ISDS Permits shall be finalized and approved by an Environmental Protection Specialist within one (1) year of the application date. d. No vehicular access other than emergency access shall be permitted to the site from the access easement to the east of Lot 8. e. Any required emissions permit shall be obtained from the Air Pollution Control Division, Colorado Department of health for fugitive dust. f. Fugitive dust shall be controlled on this site. g. No permanent disposal of wastes shall be permitted at this site. h. Wood shavings, saw dust, and waste materials shall be handled, stored, and disposed of in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 940250 RESOLUTION, S-354 James H. Scott, Jr. , (Shiloh, Inc. ) Page 3 i. The Weld County Health Department requires this facility utilize North Weld County Water District for the domestic water supply. j . All construction activities that disturb more than five acres shall be required to obtain a stormwater discharge permit from the Colorado Department of Health, Water Quality Control Division. k. Existing irrigation ditches shall be maintained in good order and not allowed to erode due to impacts such as horse trails and play areas associated with this subdivision. 1. Any request to make a major change to an approved Planned Unit Development Plan shall be processed as a new application for a Planned Unit Development Plan under Section 28.9 of the Weld County Zoning Ordinance. This may include, but not be limited to, requests for vacating all or parts of an approved Planned Unit Development Plan for the purpose of major redesign or major corrections. The Department of Planning Services may waive application requirements which do not pertain to the proposed major change to the P.U.D. Plan. m. The Department of Planning Services may approved minor modification to a Planned Unit Development Plan. The applicant shall prove to the Department that the minor modification is required by engineering or other circumstances not foreseen during the approval of the Planned Unit Development Plan. The Department shall not approve a minor modification if that modification does not conform to the Planned Unit District. n. The Board of County Commissioners may, without a hearing or compliance with any of the submission, referral, or review requirements of the Planned Unit Development Plan regulations, approve a correction to a Planned Unit Development Plan if the sole purpose of such correction is to correct one or more technical errors in an approved Planned Unit Development Plan and where such correction is consistent with its approved Planned Unit Development District. o. The property shall be maintained in compliance with Section 404 of the Clean Water Act. Proper Department of the Army, Corps of Engineers permits shall be obtained prior to any work in an existing wetland. P. Roads within the subdivision shall be limited to a 20 mph speed limit. q. All roads within the P.U.D. shall be dedicated for public use, privately owned, and privately maintained. r. Oil and gas production facilities shall be allowed within this P.U.D. , only with the approval of a Special Review permit. 940250 RESOLUTION, S-354 James H. Scott, Jr. , (Shiloh, Inc. ) Page 4 s. All Uses by Special Review identified in the Weld County Zoning Ordinance Estate zone district shall require the approval of a Special Review permit prior to being conducted within this P.U.D. t. The setback or the dimension from the rights-of-way line for the landscaped entrance, including the 7 foot wall, shall be reviewed and approved by the Weld County Engineering Department to determine adequate site distances in both directions. The approved distance from the rights-of-way to the landscaping shall be shown on the P.U.D. Plan Map. u. The location of all fire hydrants shall be reviewed and approved by the Windsor Fire Protection District staff. The approved locations shall be shown on the Planned Unit Development Plan. v. Setbacks shall not be less than 60 feet from front and back lot lines, offsets from side lot lines shall be no less than 30 feet. w. All common open space shall be conveyed to the Shiloh Estate Planned Unit Development Community Association who will have responsibility and duty to preserve and maintain all open space. x. Signs shall be posted on roads within the subdivision that indicate 20 mph speed limit prior to the Certificate of Occupancy of the first residential dwelling. The size, design, and number of speed limit signs shall be determined by the Weld County Engineering Department using the Uniform Traffic Control Manual. 3. Prior to the release of building permits: a. Construction Plan Sheet 3 of 6, Cross Section A-A, shall be amended to show the depth of asphalt and base as approved by the Weld County Engineering Department. b. The P.U.D Plan Map has been recorded in the office of the Weld County Clerk and Recorder in accordance with the Weld County Zoning Ordinance. c. Evidence shall be submitted to the Department of Planning Services' staff that the Architectural Control Committee has approved the plans for the single family dwelling and/or outbuildings. 4. Prior to the release of the third single family dwelling building permit: a. The developer shall install a shed and outdoor area within the common arena. b. The developer shall grade and install the systems of trails. 940250 RESOLUTION, S-354 James H. Scott, Jr. , (Shiloh, Inc. ) Page 5 c. The developer shall install a system of carrier ditches and related works to insure lots within the Planned Unit Development have irrigation water available to them. Motion seconded by Ron Sommer. VOTE: For Passage Against Passage Shirley Camenisch Bud Clemons Marie Koolstra Ron Sommer Richard Kimmel 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. CERTIFICATION OF COPY I, Sharyn Ruff, Recording Secretary for 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 March 15, 1994. Dated the 15th ch, 1994 haryn F. R Secretary 940250 INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION Applicant: Shiloh, Inc. Case Number: S-354 Submitted or Prepared Prior to Hearing At Hearing 1. Application 85 pages X 2. 1 Application plat 7 pages X 3. DPS referral summary sheet and letter X 4. DPS letter to applicant X 5. DPS Recommendation X 6. DPS Surrounding Property Owner/Mineral Owner X Mailing list, letter and certificate. 7. 3 DPS Maps Prepared by Planning Technician X 8. DPS Notice of Hearing X 9. DPS Case File Summary Sheet X 10. DPS Field Check X 11. Weld County Sheriff' s Office referral response X dated February 18, 1994 12. Weld County Engineering Office referral response X dated February 28, 1994 13. Department of the Army Corps of Engineers X referral response dated February 22, 1994 14. West Greeley Soil Conservation District referral X response dated March 3, 1994 15. Weld County Health Department referral response X dated March 7, 1994 16. Town of Windsor referral response dated March 8, X 1994 17 . Town of Severance referral response dated March X 9, 1994 18. Windsor/Severance Fire Protection District X referral response dated February 28, 1994 19. Colorado Geological Survey referral response X dated March 14, 1994 20. Planning Commission sign posting certificate X dated March 3, 1994 21. Affidavit of Publication dated March 18, 1994 X � /b/1- A 940250 INVENTORY OF ITEMS, S-354 Shiloh, Inc. Page 2 Submitted or Prepared Prior to Hearing At Hearing 22. Weld County Utility Board Meeting Agenda dated X March 3, 1994 23. Letter from Greg Thompson to Cody Wooldridge, X Windsor Fire Department dated March 3, 1994 24. Planning Commission Resolution After Hearing I hereby certify that the 24 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 onh 18, 1994. Curxxrent ner I STATE OF COLORADO ) ) COUNTY OF WELD ) V,BSG$., BED AND SWORN TO BEFORE ME THIS I day of (An 141 .t : S AI,h q } '. 'N /4p o U q ‘' e NOT PUBLIC iN7 6.invittsion Expires%yQ ft tli ! `qq$- 940250 EXHIBIT//INVENTORY CONTROL SHEET Case S - .3 -1/ iittne !71 death\i. (sf i /0t , /?C.) Exhibit Submitted By Exhibit Description 3101/A• i4( nanny St/4‘ 4riuen/a- y- tWg B. /9/anvvey4rrn nip. :trz, Msfrite un o ,{�c'en-„nuiztexi C. Alp t?4AY9 eimmr szeoa_- Seen-/rota y p_ da/'u-n . 34./ D. givide. l till .8md- /I/4iv> I1 -eah-(ni- iezil_ rr eti /pr-w jci-2 — `/3 E. f'Lan/2/719 ,5 re/a . Oe/n e-a_i iarLi�y /1 / / bat lie F. 610 Cat Ct ata "'.P.-t-7,110 //027 G. f faM, szq Strias t, (% •� t H. I. J. K. L. M. N. 0. P. Q. R. S. T. U. V. W. X. Y. Z. 940250 , LE-PAR-WENT OF PLANNING SERVICES P0OM (3t.3) 2.53 3b45 EXT. 3540 WELD COUNTY AD INfSTRAIiVE E -I GF?FELL Y. COLORADO 8063? COLORADO March 3, 1994 Cody Wooldridge Windsor Fire Department 728 Main Street Windsor, CO 80550 Subject: S-354 Shiloh, Inc . located in part of the SE4 of Section 4 , T6N, R67W of the 6th P.M. , Weld County, Colorado. Dear Mr. Wooldridge: I have enclosed a copy of the proposed utility locations and easements for the abovementioned case. This morning, the Weld County Utility Board reviewed the enclosed material and approved of it, with one change. The fire hydrant at the end of the cul-de-sac needs to be moved outside of the cul-de-sac. The Utility Board determined any response to a fire would be best served by moving the hydrant to the west, outside the cul-de-sac. If any questions arise, please call or write, and please let me know if the hydrants and water mains meet with the approval of the Windsor Fire Department. Sincerely. Greg Thompson Current Planner Enclosure 940230 AGENDA WELD COUNTY UTILITY BOARD MEETING Thursday, March 3, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 10:00 a.m. - Public Meeting of the Weld County Utility Board Meeting, Weld County Administrative Offices Confernece Room, 1400 N. 17th Avenue, Greeley, Colorado. 1. CASE NUMBER: S-354 APPLICANT: Shiloh, Inc. REQUEST: A Planned Unit Development Final Plan LEGAL DESCRIPTION: Part of the SE4 of Section 4, T6N, R67W of the 6th P.M. , Weld County, Colorado. LOCATION: North of and adjacent to Weld County Road 72; approximately 1/4 mile west of Weld County Road 19. 940250 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ lintliell TM Weld CampAFFIDAVIT OF PUBLICATION Planning Committees.. WI hold a public Maly STATE OF COLORADO ea Tuesday Minh It illataiNlppe.far At 'Own a�pet� COUNTY OF WELD t Melt Men ler tfle Pre** I, ROGER A. LIPKER, of said County of Weld, being duly described beta sworn,say that I am publisher of itoprevel ef the nee nay create M a W �aaalaw WINDSOR BEACON APPLICANT: Meta weekly newspaper having a general circulation in said County and State, published in the town of WINDSOR, in LEGAL DESCRIPTION said County and State; and that the notice, of which the Part of the aid al annexed is a true copy, has been published in said weekly of the.s,Tees.WNW for / successive weeks, that the notice was ofthsethP.M.,taW County,Colorado. , published in the regular and entire issue of every number of TYPE AND 5fTE4011Y the paper during the period and time of publication, and in OF PROPOSEDtia�M the newspaper proper and not in a supplement, and that Planned 4WIIMr the first publication of said notice was in said paper bearing ISN Defelopmens). the date of the /171K day of 926-lira r... AD., 19 ii and the LOCATION: North of lastpublication bearing the date of the and adjacent to Wain Coupry Road 7t day of A.D., 19 and that approximately 1/4 MN the west of wend Cowley said WINDSOR BEACON has been published Road 19. continuously and uninterruptedly for the period of 5 SEE:75.54 theca consecutive weeks, in said County and State, prior to the ekes. date of first publication of said notice, and the same is a newspaper within the meaning of an Act to regulate printing The public hearsnp will' of legal notices and advertisements, approved May be held in the Maid 9 pp 18, County Commissioners' 1931, and all prior acts so far as in force. Hearing Room, First Floor, //,- Ce, Weld County �/N lJi, Centennial loo , Con y Tenth Street,Greeley, Colorado. Camases or - abjecdons related to ms ISHER !above request should be submitted In wary Su crib and sworn to before me this /�W to the elld Coring day of -Weld Department of Planning .ay 19 9,1 Services, 1400 N. 1 / Avenue, Greeley, � Colorado 80881, ,ityx mw beforefe the abandon NOTARY 2 PUBLIC presented at the public hearing on March 15, 199& My commission expires 914.-8-7 Z 1 7196 , Copies of *e application are awes. for nubile inspection M the "Department aat� Planning SeMaes,Nil N. 17th Avenue, Greeley, Colors" 110531'-Phone - 8s" 8598,Extension 3540. Judy. YamagWM,awillserson reintretnnty Nimes - \ill EL, FEB 2f; )994 •-,a..A9f3Rfjpp 940250 THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICLY MAINTAINED ROAD RIGHT-OF- WAY. IN THE EVENT THE PROPERTY UNDER CONSIDERATION IS NOT ADJACENT TO A PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY, THE APPLICANT SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY. PLANNING COMMISSION 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 EAST 10 DAYS BEFORE THE PLANNING COMMISSION HEARING FOR CASE # S-3 THE I THE SIGN WAS POSTED BY: Ttnncc J<o7T-- NAME OF PERSON POSTING SIGN S ATURE OF APPLI i • STATE OF COLORADO ) ) ss. COUNTY OF WELD ) r /� , l SUBSCRIBED App SWORN TO ME THIS DAY OF M.art-- Imo_ , 19 (Att . SEAL ,i,"5" ,+5,. N F A( `, y; , 01A 1O-\ . .•• ':pUBt- j'.' �__ '1.��.&L..L \tit N '• • a NOT Y PUBLIC MY COMMISSION EXPIRES Vj_)1 Iq`T�� LAST DAY TO POST SIGN IS: //c—rc.% oZ , 19 `/4/ PLEASE RETURN THIS FORM TO THE DEPARTMENT OF PLANNING SERVICES' OFFICE ON OR BEFORE THE DATE OF THE HEARING. 940250 GEULUGICRL_SURVEY TEL No .3038662461 Mar 14 ,94 16 :39 No .018 P .02 tE DEPARTME NT OF PLANNING SERVICES PHONE(303)353.3345, EXT.3540 �e R e l„ 0 WELD COUNTY ADMI NISTRATIVE OFFICES 140 COLORADO 0 N.17TH AVENUE GREELEY, COLORADO FEB 2 81994 Fix 35 I o U 9 7e Date: February 15, 1994 COLO. utUL. SURVEY CASF. NUMBER: S-354 TO WHOM IT MAY CONCERN: Enclosed is an application from Shiloh, Inc. , for a Planned Unit Development Final Plan. The parcel of land is described as part of the SE4 of Section 4, T6N, R67W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is north of and adjacent to Weld County Road 72; approximately 1/4 mile west of Weld County Road 19. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by March 1, 1994, so that we may give full consideration to your recommendation. Please call Greg Thompson, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it 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. X We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Q� Please refer/ to the enclosed letter. t ,�V "'-'1 C Agency: C?+/ �/'++ S t 6y Signed;/• , A ens D. L�N.a'. ,} an/ 6y ( MAR 1 5 1994VIP ne 940250 MAR 14 '94 16:44 3038662461 PRGE.002 GEOLOGICRL_SURVEY TEL No .3038662461 Mar 14 ,94 16 :39 No .018 P .03 STATE OF COLORADO COLORADO GEOLOGICAL olo Division of Minerals and Geology Department of Natural Resources 1313 Sherman Street,Rm.715 WE-94-0017 Denver,Colorado 80203 DEPARTsthrThir Phone(30:i)866-2611 NAT• URAL FAX(303)866-2461 March 14, 1994 goy Governor Mr. Greg Thompson Kan Salazar Executive Dept. of Planning Services e L fury{ Division INrapbr a'"' Weld County Administrative Offices Mkhael B. 1400 N. 17th Ave. issliatigoAtlig Greeley, CO 80631 and Matto RE: Shiloh Estates PU1), Case # S-354 Dear Mr. Thompson, At your request and in accordance to S.B. 35 (1972) this office has reviewed the materials submitted for the abovementioned PUD. A site inspection was conducted on March 10, 1994. The property in question has been in use as irrigated farmland. Two concrete lined irrigation ditches cross the property and are being retained. The landscape is essentially flatlying with a slight grade to the northwest towards the major drainage canal of the area. The lowlying area adjacent to the existing drainage pond is planned for open space and horse arena. Native soils of this area originated from windblown dust, silt, and sand (Etliutn). This material has the potential to compact when wetted. We concur that shallow ground water may be a concern. This office did not receive the subsurface investigation report dated June 17, 1993 but suffice to say hydrocompactive soils may impact foundation and concrete pad design and perched water tables may impact septic system designs. We recommend that site specific geotechnical engineering investigations be conducted for all residential structures and their septic system locations. Landscape design should incorporate drainage features to prevent standing water from accumulating next to building foundations. Provided the recommendations by the geotechnical engineering consultants are followed and our concerns are addressed this office has no reservation with the PUD as proposed. Please contact this office if you have any questions. Sincerely, 14 ti) ,IG 57TR White r 1994 ' 'on�L Engineering Geologist MQR 1 . _o-.!7lnilnir 940250 __ MAR 14 '94 16:45 3038662461 PAGE.003 at t DEPARTMENT OF PLANNING SERVICES PHONE (303)353-M45, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES t1400 N. 17TH AVENUE lige GREELEY, COLORADO 80631 COLORADO Date: February 15, 1994 CASE NUMBER: S-354 TO WHOM IT MAY CONCERN: Enclosed is an application from Shiloh, Inc. , for a Planned Unit Development Final Plan. The parcel of land is described as part of the SE4 of Section 4, T6N, R67W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is north of and adjacent to Weld County Road 72; approximately 1/4 mile west of Weld County Road 19. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by March 1, 1994, so that we may give full consideration to your recommendation. Please call Greg Thompson, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it 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. V We have reviewed the request and find no conflicts with our interests. ?Cease ≤≤,VP 7Wt Deer f1 !/T/G/7-/ £i'se..-,a-/- ' n linelar- /.((R7 /LwArw Gaci -no. S_ 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please refer to the enclosed letter. Signed: l /H‘e7/492 Agency: ji!/iNDSal1 Aree.C ,r Date: -2/2 bit`/ 2g7.p1 (84-21v 2� RAE a� QEPr 0 • re� -5-3-37 �oy Wool-0010o MAR 1 �!1 4 6 zo57 /306 ha,c. ��9 , ty Planning . p ft a, • Sill OrdFg_ - DEPARTMENT OF PLANNING SERVICES Ul PHONE(303)353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES la p 01 MAR 1 1 1994• 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 • .,Alannin9 COLORADO Date: February 15, 1994 CASE NUMBER: S-354 TO WHOM IT MAY CONCERN: Enclosed is an application from Shiloh, Inc. , for a Planned Unit Development Final Plan. The parcel of land is described as part of the SE4 of Section 4, T6N, R67W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is north of and adjacent to Weld County Road 72; approximately 1/4 mile west of Weld County Road 19. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by March 1, 1994, so that we may give full consideration to your recommendation. Please call Greg Thompson, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it 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. We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please refer to the enclosed letter. m �� Signed: rS,c) j Agency: Of SEVERANCE i i.O. BOX 122 Date: SA/9y SEVERANO, COLDRADo 80546 - 940250 L.._ •� DEPARTMENT OF PLANNING SERVICES PHONE (303)353-3845, EXT.3540 �.. , WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE 1. 1111e. GREELEY, COLORADO 80631 COLORADO Date: February 15, 1994 CASE NUMBER: S-354 TO WHOM IT MAY CONCERN: Enclosed is an application from Shiloh, Inc. , for a Planned Unit Development Final Plan. The parcel of land is described as part of the SE4 of Section 4, T6N, R67W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is north of and adjacent to Weld County Road 72; approximately 1/4 mile west of Weld County Road 19. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by March 1, 1994, so that we may give full consideration to your recommendation. Please call Greg Thompson, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it 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. !/' We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please/ refer to the enclosed letter. / Signed` to ( a-LiAgency: 2' Z1Z't7 7/ �� /f7/ Date. �l/%.i /! ✓✓ G 1 C 1tMAR 1 1 1994 I __._/_ "—I.a S_.._Fe 11J91119in® 940250 MAR- 8-94 TUE 15:42 P. 02 IffStkic MEMORAI1DUM Wi`lie Greg Thompson pas Weld County Planning Department U March 7s 1994 Jeff Stoll, M.P.H., Director, From Environmental Protection Services Subject _ Case Number: S-354 Name: Shiloh. Inc. PT SE4, Section 04, Township 06 North, Range 67 West Environmental Protection Services has reviewed this proposal; the following Conditions are recommended to be part of any approval: 1. No permanent disposal of wastes shall be permitted at this site. 2. Wood shavings, saw dust, and waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 3. An individual sewage disposal system, is required for the proposed residential units and shall be installed according to the Weld County Individual Sewage Disposal Regulations. 4. The Division requires that this facility utilize existing public water supply. 5. Individual Sewage Disposal System permit must be finalized and approved by an Environmental Protection Specialist within one (1) year of the application date. 6. All construction activities that disturb more than five (5) acres will be required to obtain a stormwater discharge permit from the Colorado Department of Health, Water Quality Control Division. JSPIkh-214 isto _ 19.94 10444, MAR 9 '94 15:49 PRGE.002 940250 MAR 3 ' 94 15: 11 FROM USDA PAGE . 002 WEST GREELEY SOIL CONSERVATION DISTRICT 4302 West 9th Street Road Greeley,i)Colorado 306 5 80634 March 3, 1994 Greg Thompson, Current Planner Dept. Of Planning Services Weld County Administrative Services 1400 N. 17th Ave Greeley, CO 80631 The West Greeley Soil Conservation District is concerned about the Shiloh PUD ,f S-354. The proposed subdivision is in an area composed of prime agricultural land. The district is concerned that continued development of prime land will eventually limit agricultural production in the county. The district wants to ensure that all adjacent landowners are aware of the prospect of having a residential subdivision bordering their fields. our soil maps show sandstone close to the surface in soils located at the north end of this parcel. Our maps are general in nature, so there may be areas of rock throughout the site. This would limit the use of septic systems. Another concern is that the existing irrigation ditches are maintained in good order and not allowed to erode because of use as horse trails and play areas. Sincerely, a:AAA•12 b. Michael G. Shay District Manager ** TOTAL PAGE . 002 ** 940250 MAR 3 ' 94 15: 11 FROM USDA PAGE . 001 DEPARTMENT OF PLANNING SERVICES PHONE(303)353.'1845,EXT.3540 WELD COUNTY ADMINISTRATIVE OFFICES vii119 1400 N.17TH AVENUE C. GREELEY,COLORADO 80631 COLORADO Date: February 15, 1994 CASE NUMBER: S-354 • TO WHOM IT MAY CONCERN: Enclosed is an application from Shiloh, Inc., for a Planned Unit Development Final Plan. The parcel of land is described as part of the SE4 of Section 4, , T6N, R67W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is north of and adjacent to Weld County Road 72; approximately 1/4 mile west of Weld County Road 19. This application is submitted to you for review and recommendation. Any comments QX�r�copRgandation„ ourxonside)c x�lavant to.,thia SgAtst¢would:ba. appreciated. . - Your:'prompt..reply wih,help otfacilitate'the t6-Ceasing ori, thetapplication and wi .4 - , e;�rompt raaGide at�on_of�Xeur,regomnpndgt}psi9 fP1ease-reply ,March 1, {1994, so that we may giveful`]. consideration to your zacommend9stion.' 'Please call Greg Thompson, Current Planner, if you have any. questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it 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. We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please refer to the enclosed letter. (� , n �1 Signed: 11LL �.e.Q Jt,� . 1 Agency: *led + +s, A Y"' Date: /s/4 • OKiONAL FORM 99 p-901 FAX TRANSMITTAL lap9Dli r 'l 70 C-rel liiselsea,. (J6sc 0 D.,ugenCY tte(ck co Ala«~. S w •• 3$6'4 Sob flu!351_0978' F.". NUN 7340-01-917_7,959 $0(x_101 GENERAL SGRVIGE6 ADMINISIAATON • 940250 ____ n‘ `'� I I � o (itJGTE AMAI ern C ? If ••• ....'"---;$17187-,-,..,,� DEPARTMENT OF PLANNING SERVICES rf,„•,leg2J', PHONE(303)353-3845, EXT.3540 WELD COUNTY ADMINISTRATIVE OFFICES ., 1400 N.17TH AVENUE FEBIllie I: t , DM GREELEY, COLORADO 80631 COLORADO'QICOVHED a ' Date: February 15, 1 !- CASE NUMBER: S-354 TO WHOM IT MAY CONCERN: Enclosed is an application from Shiloh, Inc. , for a Planned Unit Development Final Plan. The parcel of land is described as part of the .SE4 of Section 4, T6N, R67W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is north of and adjacent to Weld County Road 72; approximately 1/4 mile west of Weld County Road 19. This application is submitted to you for review and recommendation. Any comments or,-recommendation -you consider relevant- to. this request.would_be appreciated. • - 'Your prompt reply will help-to facilitate the processing of the application and will ensure prompt; consideration o-f your recommendation. _Please,reply by March 1, 1994, so that we may give full consideration to your recommendation. Please call Greg Thompson, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 1 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 request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. x Please refer to the enclosed letter. ��C�yt, Agency: COFFS c ENCAN EEO_S f ) �Wv�.); Date: { el) &o`, Igg4 940250 ENVIRONMENTAI 'ONSULTANTS - This list is not co -fled to endorse any specific consultant PEGGY ANDERSON-GOGUEN JEFFEREY L. DAWSON 420 Sunset Street Project Scientist Longmont, CO 80501 Woodward-Clyde Consultants (303) 776-4636 Stanford Place 3, Suite 1000 4852 S. Ulster Street Parkway SAMUEL A. BAMBERG, PhD Denver, CO 80237 R A Consultants (303) 694-2770 26050 E. Jamison Cir. Telex 501285 (Woodward DVR) Aurora, CO 80016 (303) 690-7402 STEVEN DOUGHERTY TED BOSS ERO Resources Corporation 308 Milkyway 1740 High Street Fort Collins, CO 80525 Denver, CO 80218 (303) 223-5145 (303) 320-4400 FAX (303) 320-4491 DAVID L. BUCKNER PATRICK H. MURPHY SCOTT ELLIS & PHIL HACKNEY ESCO Associates ENSR P.O. Box 18775 1716 Health Parkway Boulder, CO 80308 Fort Collins, CO 80524 (303) 447-2999 (303) 493-8878 JANE BUNIN, PhD WREN HETTINGER, PhD Natural Science Associates Dames & Moore 3010 Regis Avenue 1125 Seventeenth St., Suite 1200 Boulder, CO 80303 Denver, CO 80202-2027 (303) 499-5014 (303) 294-9100 KATHLEEN COHAN DAVID JOHNSON Resource Consultants & Engrs. Inc. Western Resource Development P.O. Box 270460 711 Walnut Street Fort Collins, CO 80527 Boulder, CO 80302 (303) 223-5556 (303) 449-9009 DAVID COOPER STEVE JOHNSON Department of Environmental Sciences Riverside Technology, inc. Colorado School of Mines 2821 Remmington Street Golden, CO 80401 Fort Collins, CO 80525 (303) 499-6441 (303) 223-2944 FAX (303) 223-2955 DONALD R. D'AMICO 5935 Baseline Road DEBORAH KEAMMERER Boulder, CO 80303 Stoecker-Keammerer & Associates (303) 494-7959 Ecological Consultants 5858 Woodboume Hollow Road Boulder, CO 80301 (303) 530-1783 940250 STEPHEN G. LONG BRUCF �1. SNYDER STEVE VIERT Enginee. g-Science, Inc. Ce;2* Creek Associates, Inc. 1700 Broadway, Suite 900 916 Wilshire Avenue Denver, CO 80290 Fort Collins, CO 8C525 (303) 831-8100 (303) 493-4394 Home: 493-1893 MIKE STANTON JANICE MCKEE Quaternary Environmental Consulting Wetland Ecology & Associates 1210 South Park Drive 5745 Arrowhead Monument, CO 80132 Greeley, CO 80634 (719) 488-2769 (303) 850-0930 GARY TUTTLE DAVID MEHAN Tuttle Applegate, Inc. Wright Water Engineers 11990 Grant Street, Suite #410 2490 W. 26th Avenue Denver, CO 80233 Suite 100A (303)452-6611 Denver, CO 80211 (303) 480-1700 ERIK OLGEIRSON, PhD 4440 Tule Lake Drive Littleton, CO 80123 (303) 347-8212 LAURANNE RINK Aquatic & Wetland Consultants Aquatic & Wetland Construction Company Siena Square 2060 Broadway, Suite 255 Boulder, CO 80302 (303) 442-5770 FAX (303) 442-8133 MIKE SAVAGE 464 West Sumac Ct. Louisville, CO 80027 (303) 666-7372 RANDY SCHROEDER Greystone Development Consultants 5990 Greenwood Plaza Boulevard Suite 104 Englewood, CO 80111 (303) 850-0930 PETER SMITH Stoneman Landers, Inc. 11480 Cherokee Street, NL Denver, CO 80030 (303) 280-0048 940250 �$T �F, stl'iT OF by • \ n DEPARTMENT OF THE ARMY Qg�' F�pf a' �� //i,, A�n CORPS OF ENGINEERS,OMAHA DISTRICT o"' A ."I ; �_ pe ,� M TRI-LAKES PROJECT OFFICE,9307 STATE HWY 1 21 = rQ 5Q a"q dl LITTLETON,COLORADO 80123-6901 . sas """"oY 4, 0,7 February 22, 1994 osr+*�s of aHc REPLY TO •^NCMOHlC`or ATTENTION OF Mr. Greg Thompson Weld County Department of Planning Services Weld County Administrative Offices 1400 North 17th Avenue Greeley, Colorado 80631 Dear Mr. Thompson: Reference is made to the application you received from Shiloh, Inc. for their project located in Section 4, Township 6 North, Range 67 West, Weld County, Colorado. Prior to any work at this site, the property should be examined for wetlands pursuant to Section 404 of the Clean Water Act. Any wetlands should be delineated and mapped. This office should be contacted for proper Department of the Army permits prior to any work in an existing wetlands. Please find the attached list of Environmental Consultants who may assist in the wetland delineation and mapping. If there are any questions concerning this matter, please feel free to contact Mr. Terry McKee of this office at 303-979-4120 and reference action ID #199480118. Sincerely, Ti 'othy . . . e Project Manager Enclosure �� g 2 �. 1994 €_e.w n-,.-t,Damming 940250 if 111H-H.-6 DEPARTMENT OF PLANNING SERVICES PHONE (303)353-3645, EXT. 3540 • WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE O - -- GREELEY, COLORADO 80631 COLORADO ' RECEIVED FEB 1 , 1994 Date: February 15, 1994 CASE NUMBER: S-354 TO WHOM IT MAY CONCERN: Enclosed is an application from Shiloh, Inc. , for a Planned Unit Development Final Plan. The parcel of land is described as part of the SE4 of Section 4, T6N, R67W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is north of and adjacent to Weld County Road 72; approximately 1/4 mile west of Weld County Road 19. This application is submitted to you for review and recommendation. Any comments a ar. recommendation you consider relevant to this _request_would be_appreciated ._ ;'r.'` '.Your.prompt replAY'will'help•Lto- facilitate the processing of the application..and __,.-1' ensure=prompt_cnnsideration_o£Lyour recommendation. Please, Teply by,,March 1994, so that we may give full consideration to your recommendation. 'Please" call Greg Thompson, Current Planner, if you have any questions about the . application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it 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. We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. d Please refer to the enclosed letter. Signed: K?0t4ht t^� 2 Agency: (,(.(X//Z(ifiyi Date: Oa 5 - g(7/ 940250 otiThri.,, MEMORAnDUM Wine To Greg Thompson Planning Date February 28, 1994 COLORADO From Donald Carroll, Engineering or, subject: Shiloh, Inc. S - 354 I reviewed the final application and talked to the applicant. The following are my comments: On the final landscaping plan on the entrance dimension detail, I would like the set-back or the dimension from the right-of-way line placed on the mylar to see if there is adequate sight distance both directions due to the 7' wall. On the street construction plan Sheet 3 of 6 on the cross-section A-A, the applicant needs to show depth of asphalt and base on the mylar. On the same sheet, the first corner shows a radius of 180' where the additional radius' are over 300' . This causes a problem with the speed limit. For anything less than 300' , the speed limit would be posted at 20 mph. I would suggest that the applicant post the interior road at 20 mph to accommodate the 180' radius curve. cc: Commissioner Kirkmeyer File S-354 _ lq -p,..a\tiT--- II I MAR 0 4 1994 'Pes,""—a.,planning tall..:\A‘c) it. DEPARTMENT OF PLANNING SERVICES I PHONE (303)353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES lik, 17TH AVENUE 1. ` GREELEY, COLORADO 80631 COLORADO Date: February 15, 1994 CASE NUMBER: S-354 TO WHOM IT MAY CONCERN: Enclosed is an application from Shiloh, Inc. , for a Planned Unit Development Final Plan. The parcel of land is described as part of the SE4 of Section 4, T6N, R67W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is north of and adjacent to Weld County Road 72; approximately 1/4 mile west of Weld County Road 19. This application is submitted to you for review and recommendation. Any comments - or,,recommendation ,you consider relevant to this request would be , appreciated. Your prompt reply will help to facilitate the processing of the application and . will ensureyprompt-consideration.ofyouur recommendation. Please reply by March 1, 1994, so that we may give full consideration to your recommendation. Please call Greg Thompson, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it 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. V We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. P1:a e refer to the enclosed letter. Signed: / I Agency: 5iteZ \FC Date: / 1, ti,I `..?c,F,l r`1T‘ k;' FEB 1 8 1994 • a.a,4 rnwn,Mambo 940250 ‘tist he DEPARTMENT OF PLANNING SERVICES IDPHONE(303)353-3845, EXT. 3540 WI li WELD COUNTY ADMINISTRATIVE OFFICES C. 1400 N. 17TH AVENUE GREELEYEY, COLORADO 80631631 COLORADO NOTICE OF PUBLIC HEARING The Weld County Planning Commission will hold a public hearing on Tuesday, March 15, 1994, at 1:30 p.m. for the purpose of considering a Planned Unit Development Final Plan for the property described below. Approval of the request may create a vested property right pursuant to Colorado Law. APPLICANT: Shiloh, Inc. LEGAL DESCRIPTION: Part of the SE4 of Section 4, T6N, R67W of the 6th P.M. , Weld County, Colorado. TYPE AND INTENSITY OF PROPOSED USE: Planned Unit Development Final Plan (Shiloh Estates) . LOCATION: North of and adjacent to Weld County Road 72; approximately 1/4 mile west of Weld County Road 19. SIZE: 75.54 acres, more or less. The public hearing will be held in the Weld County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 1400 N. 17th Avenue, Greeley, Colorado 80631, before the above date or presented at the public hearing on March 15, 1994. Copies of the application are available for public inspection in the Department of Planning Services, 1400 N. 17th Avenue, Greeley, Colorado 80631 - Phone - 353-3845, Extension 3540. Judy Yamaguchi, Chairperson Weld County Planning Commission To be published in the Windsor Beacon To be published one (1) time by ebruary 17, 1994. 4Received by: ,, C. -' Date: 02/ ) /q UUU 9c.;74:50 CERTIFICATE OF MAILING I hereby certify that I have placed a true and correct copy of the surrounding property owners and owners and lessees of minerals in accordance with the notification requirements of Weld County in Case Number S-354 for Shiloh, Inc. , in the United States Mail, postage prepaid First Class Mail by letter as addressed on the attached list. this 23rd day of February, 1994. 940250 DEPARTMENT OF PLANNING SERVICES ' PHONE(303)353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 1400 GREELEY, N. ORA AVENUE COLORADO 80631 COLORADO DATE: February 15, 1994 TO: SURROUNDING PROPERTY/MINERAL OWNERS CASE NUMBER: S-354 There will be a Public Hearing before the Weld County Planning Commission on Tuesday, March 15, 1994, at 1:30 p.m. , in the County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado concerning the request of: NAME: Shiloh, Inc. FOR: A Planning Unit Development Final Plan. LEGAL DESCRIPTION: Part of the SE4 of Section 4, T6N, R67W of the 6th P.M. , Weld County, Colorado. LOCATION: North of and adjacent to Weld County Road 72; approximately 1/4 mile west of Weld County Road 19. Your property is within five-hundred (500) feet of the property on which this request has been made or you may have an interest in the minerals located under the property under consideration. For additional information write or telephone Greg Thompson, Current Planner. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 1400 N. 17th Avenue, Greeley, Colorado 80631, on or before the date of public hearing. pi aa.wt itv NJ� (itQ DEPARTMENT OF PLANNING SERVICES PHONE (303)353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 140�i ON. ORAAVENUEO631 GREELEY, COLORADO 80631 COLORADO February 15 , 1994 James H. Scott, Jr. Shiloh, Inc. Box 147 Lyons, CO 80540 Subject: S-354 - Request for a Planned Unit Development Final Plan on a parcel of land described as part of the SE4 of Section 4, T6N, R67W of the 6th P.M. , Weld County, Colorado. Dear Mr. Scott: Your application and related materials for the request described above are complete and in order at the present time. I have scheduled a meeting with the Weld County Planning Commission for March 15, 1994, at 1:30 p.m. This meeting will take place in the County Commissioners' Hearing Room, first floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado. In addition, I have scheduled a meeting with the Weld County Utilities Advisory Committee for Thursday, February 24, 1994, at 10:00 a.m. This meeting will take place in the Weld County Administrative Offices, 1400 N. 17th Avenue, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Utilities Advisory Committee and the Planning Commission members might have with respect to your application. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the Towns of Severance and Windsor Planning Commissions for their review and comments. Please call Gene Rider, in Severance, at 686-1218, and Janet Carpenter, in Windsor, at 686-7476, for further details regarding the date, time, and place of these meetings. It is recommended that you and/or a representative be in attendance at the Severance and Windsor Planning Commission Meetings to answer any questions the Commission members may have with respect to your application. It is the responsibility of an applicant to see that a sign is posted on the property under consideration at least 10 days preceding the hearing date. Sometime prior to March 2, 1994, you or a representative should call me to obtain a sign to be posted on the site no later than March 4, 1994. The sign shall be posted adjacent to and visible from a publicly maintained road right-of-way. In the event the property under consideration is not adjacent to a publicly maintained road right-of-way, the applicant shall post one sign in the most prominent place on the property and post a second sign at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way. Your sign posting certificate must be returned to the Department of Planning Services' office on or before the date of the hearing. 940250 Shiloh, Inc. - S-354 February 15, 1994 Page 2 The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County Planning Commission. This recommendation will be available twenty-four (24) hours before the scheduled hearing. It is the responsibility of the applicant to call the Department of Planning Services' office before the Planning Commission hearing to make arrangements to obtain the recommendation. If you have any questions concerning this matter, please feel free to call me. Respectfully,.4)1hoG Greg Tmpson Current Planner pc: Intermill Land Surveying, Inc. 940250 I FIELD CHECK FILING NUMBER: S-354 DATE OF INSPECTION: February 18, 1994 APPLICANT'S NAME: Shiloh, Inc. REQUEST: Planned Unit Development Final Plan. LEGAL DESCRIPTION: Part of the SE4 of Section 4, T6N, R67W of the 6th P.M. , Weld County, Colorado. LOCATION: North of Weld County Road 72, approximately 1/4 mile west of Weld County Road 19. LAND USE: N Agricultural production E Agricultural production, rural residence S Agricultural production W Agricultural production, irrigation ditch ZONING: N A (Agricultural) E A (Agricultural) S A (Agricultural) W A (Agricultural) COMMENTS: Weld County Road 72 serves this site and is paved. The ground slopes slightly to the west. Presently on-site are irrigated fields. i.d Greg Th pson Current Planne 940250 SURROUNDING PROPERTY OWNERS AND/OR SURFACE ESTATE/MINERAL OWNERS Shiloh, Inc. S-354 Pineda and Sons, Inc. 35065 Weld County Road 19 Windsor, CO 80550 Jack W. Holmes Box 567 Amarillo, TX 79100 Albert S. and Marie A. Swanson 813 Walnut Street Windsor, CO 80550 D.L. Percell 410 17th Street, Suite 2220 Denver, CO 80202 Dean L. Cummins 1923 26th Avenue Greeley, CO 80631 Pineda and Sons, Inc. 35065 Weld County Road 19 Windsor, CO 80550 Warren Ehrlich P.O. Box 833 Windsor, CO 80550 Windsor Farms, Inc. Box 60 Milliken, CO 80543 Norman and Georgia Johnson 8120 Weld County road 72 Windsor, CO 80550 Raymond and Gloria Winder 34681 Weld County Road 19 Windsor, CO 80550 940250 DEPARTMENT OF PLANNING SERVICES PHONE(303)353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 1400 C. N. 17TH AVENUE GREELEY, COLORADO 80631631 COLORADO Date: February 15, 1994 CASE NUMBER: S-354 TO WHOM IT MAY CONCERN: Enclosed is an application from Shiloh, Inc. , for a Planned Unit Development Final Plan. The parcel of land is described as part of the SE4 of Section 4, T6N, R67W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is north of and adjacent to Weld County Road 72; approximately 1/4 mile west of Weld County Road 19. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by March 1, 1994, so that we may give full consideration to your recommendation. Please call Greg Thompson, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it 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. We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please refer to the enclosed letter. Signed: Agency: Date: 940250 REFERRAL LIST NAME: Shiloh, Inc. CASE NUMBER: S-354 REFERRALS SENT: February 15, 1994 REFERRALS TO BE RECEIVED BY: March 1, 1994 COUNTY TOWNS and CITIES Attorney ____Ault X Health Department ____Brighton _Extension Service _Broomfield _Emergency Management Office _Dacono X Sheriff's Office ____Eaton X Engineering _Erie _Housing Authority Evans Airport Authority Firestone Building Inspection _Fort Lupton Frederick STATE Garden City _Division of Water Resources Gilcrest <`i 4/'' X Geological Survey Greeley _Department of Health Grover Department of Transportation ____Hudson Historical Society Johnstown ----Water Conservation Board Keenesburg _ -R--Oil and Gas Conservation Commission Kersey La Salle FIRE DISTRICTS Lochbuie _Ault F-1 Longmont Berthoud F-2 _Mead Briggsdale F-24 Milliken Brighton F-3 ____New Raymer Eaton F-4 _ _ Northglenn Fort Lupton F-5 _Nunn Galeton F-6 ____Pierce Hudson F-7 Platteville_ Johnstown F-8 X Severance _ La Salle F-9 Thornton Mountain View F-10 X Windsor _ Milliken F-11 _ Nunn F-12 COUNTIES _ Pawnee F-22 Adams Platteville F-13 Boulder _ _Platte Valley F-14 Larimer Poudre Valley F-15 Raymer F-2 FEDERAL GOVERNMENT AGENCIES Southeast Weld F-16 X US Army Corps of Engineers X Windsor/Severance F-17 ____USDA-APHIS Veterinary Service Wiggins F-18 Federal Aviation Administration Western Hills F-20 _Federal Communication Commission OTHER SOIL CONSERVATION DISTRICTS Central Colo. Water Conservancy Dist. Brighton _ Panhandle Eastern Pipe Line Co. Fort Collins Tri-Area Planning Commission X Greeley _ X Windsor School District-RE-4 _Longmont X Windsor Reservoir Company West Adams COMMISSION/BOARD MEMBER X Ron Sommer 940250 PLANNED UNIT DEVELOPMENT PLAN AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE ESTATE Legal Description: SE+i . Section 4 . Township 6 North, Range W West of the 6th P.M. , Weld County, Colorado. STATE OF COLORADO ) ) SS COUNTY OF WELD ) THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names and addresses of all mineral owners and lessees of mineral owners on or under the parcel of land under consideration 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. Milton F. Hollingshead The foregoing instrument was subscribed and sworn to before me this 14 day of January , 19S4 WITNESS my hand and official seal. o.�a(1Y P(je�ll 1 ia ..............' 111 L.44io'wo ( ' T0 ';; ) Io% OIJ' •. : O� Notary Public 19r "" Jodee L. Kadous 6.6 °!!'/ My Commission Expires: 2-7-95 940250 NAMES OF MINERAL OWNERS AND LESSEES OF MINERALS Please print or type NAME ADDRESS, TOWN/CITY, STATE AND ZIP CODE Pineda & Sons , Inc. 35065 WCR 19 Windsor, CO 80550 Shiloh, Inc. Box 2579 Casper, WY 82602 Jack W. Holmes Box 567 Amarillo, TX Albert S. & Marie A. Swanson 813 Walnut St. Windsor, CO 80550 D.L. Percell 410 17th St. Ste. 2220 Denver, CO 80202 Sulphur River Exploration, Inc. Dallas, TX (current address N/A) Dean L. Cummins 1923 26th Avenue Greeley, CO 80631 940250 • PLANNED UNIT DEVELOPMENT PLAN AFFIDAVIT OF INTEREST OWNERS // SURFACE ESTATE f �I' Legal Description: 676 V4 `?� ,h Con -1' Toy-ivy-Ant U to 4nf,, Izc cp • l&i L-H' c :� i-k-c Lk 1ti 17 li.)��L (D.9ni-.' GIorcJ STATE OF COLORADO ) ) 55 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 feet of the property under consideration. This list was compiled from the records of the Weld County Assessor, or an ownership update from a title or abstract company or attorney, derived from such records, or from the records of the Weld County Clerk and Recorder. The list compiled from the records of the Weld County Assessor shall have been assembled within thirty days of the application's submission date. h/J�t�r�J W frCz.„ .. The foregoing instrument was subscribed and sworn to before me this 111 day S0IYIv,(x{^V 199 WITNESS my hand and official seal. 1 , , . eQ-t'L") t1„„;21 Notary Public ptAY PG.� 11 My Commission Expires: I �'f 11 JODEE w K4D. i,\t4 OF 940250 PLANNED UNIT DEVELOPMENT PLAN NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET Please print or type NAME ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL STATE AND ZIP CODE IDENTIFICATION 11 P It et- 3 ohs weld /0g/ / 9 CI(07 -01 -c 'OD -O37 nc/Sod &0 8o5'�D ,oec/a, ro-,45 roe. 3S-0 6--5. tie%I Co fed If 0107 'e/_ o cc -ca/ b7, ndsor eD PSso L cLerr ,t r Ar DO Rol Y3 3 O ro7 -Uv 'J-OC7 O3 n/Sor Co yo_So L/so r 1 ✓nc (7 /? X G n 0J97 -u/-3-av -o35 i>1 , /7 , kr, 770 FDSy3 /D arm an 6eorj, oSoAncJ it a 13///7 kJ7a2 ONu7 - %JI-d -Da - ooa w� ndear Ue ,�ossa kay many./ +-6 /or, c_, a'in/er 3c/ Io r/ L-'e 'c/ eo /'d,19 oevI o9-J -oJ- o, ,? 6>/nr/sor lo 115,14) 940250 GEOLOGIC AND MINERAL EVALUATION REPORT FOR SHILOH ESTATES P.U.D. WELD COUNTY, COLORADO Prepared for Mr. Jim Scott P.O. Box 147 Lyons, Colorado 80540 December 2 , 1993 Commission No. : 1821-01-03-02 Prepared By CONSULTING ENGINEERS FOUNDATION ENGINEERING, LTD. 1OO East Third Street Loveland, Colorado 8O537 940250 FOUNDATIONneering, AND SOILS I Engineering, December 2, 1993 Commission No. : 1821-01-03-02 Mr. Jim Scott P.O. Box 147 Lyons, Colorado 80540 Dear Mr. Scott: The enclosed report presents the results of a geologic and mineral evaluation for Shiloh Estates P.U.D. , Weld County, Colorado. In summary, the majority of the site appears to be in relatively stable areas, although some potential geologic hazards were observed. Economic mineral resources, such as sand, gravel or quarry aggregates were not found to be present at the site. We appreciate the opportunity to be of service to you on this project. If you have any questions, please feel free to call. Respectfully, L Ly Thomas W. Finle Engineering Geologist FOUNDATION & SOILS ENGINEERING, INC. TWF: jlb 100 East 3rd Street • Loveland,Colorado 80537 • (303)663-0138 940250 TABLE OF CONTENTS Transmittal Letter i Scope 1 Site Description 1 Site Investigation 2 Geology 2 Potential Geologic Hazards and Recommendations 3 Soil Description 4 Potential Mineral Resources 4 Conclusion 5 List of References 7 Vicinity Map Figure 1 Plat of Shiloh Estates Figure 2 Bedrock Geology Figure 3 Sand, Gravel, and Quarry Aggregates Figure 4 Soil Survey Map Figure 4 940250 SCOPE The following report presents the results of our geologic and mineral evaluation report for Shiloh Estates P.U.D. , situate in the Southeast Quarter of Section 4, Township 6 North, Range 67 West of the 6th Prime Meridian, Weld County, Colorado. We understand that the 75 . 5± acre site is to be divided into fourteen ( 14) residential lots of 2 . 1 to 17 . 3 acres each. The purpose of this investigation is to identify potential geologic hazards and potential mineral resources which may conflict with the development intended. The conclusions and recommendation presented in this report are based upon the acquired field data, review of the available literature, and previous experience with similar geologic conditions in this area. SITE DESCRIPTION The site is located north of Windsor, west of County Road No. 19 on the north side of County Road No. 72 . The site has a general slope to the west and south with a low, swampy area and swale near the west central portion of the site. The site was partially plowed during this investigation. 1 940250 SITE INVESTIGATION The site was visually inspected between March 31 and April 15, 1993 during a subsurface and preliminary percolation investigation. Test borings were drilled during this time and are described in our report ( 1821-01-01-01, dated June 17 , 1993) . Existing publications described in the List of References of this report were used for confirmation of soil and bedrock types . The locations of geologic features are approximate and should be considered only to the degree implied by the methods used to make those determinations . GEOLOGY The proposed site lies in the Colorado Piedmont Section of the Great Plains Physiographic Province. The Colorado Piedmont is an elongated trough in the Great Plains, adjacent to the Front Range of the Southern Rockies . The Colorado Piedmont was formed when uplift of the area in Miocene-Eocene times (2O-5O million years ago) produced an increase of stream erosion resulting in scouring next to the foothills and outlying areas . The Piedmont is bordered by the southern Rockies to the west, Great Plains escarpment to the northeast, and Palmer Divide to the south. Structurally, the site lies in the Denver Basin, which is a thick accumulation of Paleozoic and Mesozoic Era sediments involved with 2 910250 down warping in the basin area and uplift of the adjacent highlands . It is our understanding that faulting has not taken place in the recent historic past. Therefore, we believe that this fault is relatively inactive. This area is classified as being in Seismic Zone 1 . The soils overlying the site are derived from the underlying bedrock, from eolian (wind-blown) soils, and from alluvium (stream deposits) of the ancestral Cache la Poudre River. The Transition Zone of the upper Cretaceous Pierre Shale underlies the majority of the surficial soils . The Pierre Shale is comprised of claystone, siltstone, sandstone and a few thin beds of bentonite. The thickness of the Pierre Shale is in the order of several thousand feet at the site. POTENTIAL GEOLOGIC HAZARDS AND RECOMMENDATIONS Potential geologic hazards at the site include potentially swelling soil and rock, low strength soils, and high groundwater levels . The Pierre Shale and associated soils have swell porentials . The effects of the potentially swellilng soil and rock and low strength soils can be minimized by careful planning prior to construction at the site. A geotechnical investigation was conducted for the 3 940250 subdivision as a whole. We further recommend that preliminary radon mitigation measures be incorporated in the construction of the homes at the site. Relatively shallow groundwater levels exist on areas at the site. We recommend that a test hole or test pit be excavated prior to construction to detect any high groundwater levels . SOIL DESCRIPTIONS The Soil Conservation Service describes four (4) different soil types at the site. A map showing the locations and a description of the soil are included at the end of this report. Generally, most - of the soils have slight to moderate limitations for building site development and septic systems . The subsurface and preliminary percolation investigation indicate that 78% of the lots have areas which are suitable for standard absorption systems . POTENTIAL MINERAL RESOURCES The Colorado Geological Survey describes this site as not having any potential sand, gravel, or quarry aggregate resources . Areas with minor sand and gravel were encountered during the previous investigation described in this report. Minor terrace deposits are 4 940250 described near the site by the Colorado Geological Survey. Several oil and gas wells are located in this area. Evaluation of potential fossil fuels at the site is beyond the scope of this report. CONCLUSION Potential geologic hazards are located in various areas of the property. Care should be taken in choosing each building site. Follow up inspections and recommendations should be conducted as necessary for each building site. Economic mineral resources such as sand and gravel are not believed to exist at the site. In conclusion, we feel that the development intended is compatible with the geologic conditions at the site provided the recommendations in this report are met. The data presented herein were collected to help determine the feasibility of this project. Professional judgments on design alternatives and criteria are presented in this report. These are based on evaluation of technical information gathered, partly on our understanding of the characteristics of the development proposed, and partly on our experience with geologic conditions in the area. We do not guarantee the performance of the project in any respect, only that our engineering work and judgments rendered meet the standard of care of our profession. 5 940250 We recommend that construction be continuously observed by a qualified soils technician trained and experienced in the field to take advantage of all opportunities to recognize some undetected conditions which might affect the performance of the structures . 6 940250 LIST OF REFERENCES 1 . Guidelines and Criteria for Identification of Land - Use Controls of Geologic Hazards and Mineral Resource Areas - Colorado Geological Survey, Special Publication 6 . 2 . Sand, Gravel and Quarry Aggregate Resources; Colorado Front Range Counties - Colorado Geological Survey - Special Publication 5-A. 3 . Environmental and Engineering Geology of the Windsor Study Area; Larimer and Weld Counties, Colorado - Colorado Geological Survey Environmental Geology 6 . 4 . Soil Survey of Weld County Area, Colorado - USDA Soil Conservation Service and Forest Service. 7 940250 Date: December 2, 1993 mmission No. : 1821-01-03-02 r- OUNDAT10 N ENGINEERING / • r�,� )4t--:/ k ' ii�` s; , ..� � �� \ , 30 - h� it 28 T7 \�VV n III / II ---- y l ` o --. .66.J A c ^ -N II J , i a N. A ..0 VbI N. �� -��V ISW 31 i 32 `�- N33� 4920 — / i 1 � 13 _. I o 4900 / Lake j _ (' e 1 - _ � < 3/n9 1 2, N 1 �j / ( • \'�_/ 23?3 '� Lake Call ��', � 1 J O/<. ' 3s Ras No it - VI ^_ �� Y i� ,-T(iM-. \�� u 5S2Lt5 - 'dX� � H ---5 V F I�I �`,`. .. \ _ ��. __. Avery L' "` TMa. 18 1464 i ��o 17� `�L' �, e ero . 4604 6ety _ >�1 10 C5 . Windsor , . . a�el Pit Iii _ Lake , \ II ■ 4790 1460 0,W., . dsor ` •` � - - �acb n +yS SOS. �i. -: BM 13021464)" t �._—__- BM 9794 1 . 19 " fEE' .Fi�L ! t r ;.. a 22 P...41%./. L—itstpco ---- \ft(—IN rf4f Mbi•P — Date: December 2, 1993 C, ission No. : 1821-01-03-02 r= ouN DAT IC N ENGINEERING L%¢e_ali`.GL4-G ///7 / 7 tff•os'to'[ is/of//or - -_--- .. /Lor T 1• C - . =ass)(Meal In J..J. 1 _ 0.6 J M•Js. w� / / Li6 r. 11•.11!' M.Y.rT Maros. 0,40.5.41k(Y y / \ O 11.441.111. Mf.00'OT 4 LOT 10 L 8•!floss)0 11(MOJIT: ::...1r :± . - - . •J••JJ'el•• I // n n' LOT It JJ••u'5••• LOT 5 J.1•.c.Mass) M Of 2.1..G 1000111 .y1I IJ.Jf' LOT IJ J.I•.c-lMOM1- _ LOT 0 1.••.C 16.015) ..•• w/. ..weal u LOT /1 . J.••AC.MOSS) R LOT J 1 g/ uw ••••8 IMOSs, lv O .• t 8 LOT 1 1.•..c.1.40111 LOT I of•J C ; o •c. 1 M r COIWSII OPEN JNC( COMM;WI MCI T - �:G°: WELD COUNTY ROAD 72 nicer Cif 91'1[.244 GS'Perg-c, RA.) -_ \VOW Go.)I-F'7•f, COLORADO 1,,,,v, •i-- Flier f', IM1Vsr1 i LL-IJk'4 >MJfrINf. . ,..t._4.,... • I4q. P-93-1499 Dr“-e: December 2, 1993 ( nission No. : 1821-01-03-02 FOUN OAT ID N ENGINEERING - � v ', \ 3.49so ,� \ :% ' s, L 1 LAFficompson Lia e 'r ` v±,-______.-- Kptz --.-o nd _4890��S .,. A , .�. (14901 . SIT ry Qvf N. u N. Avery Y .---,__ \ I /� _ ( Icg-Y (,i7,/{- Q,,r.rE&a4 &V vau-¢-El w pCWsrts is rf 1. -o *t Away s Pewe- u 'tom c rijoi-L V.°4Fi-111141 rf"- RFTA ILO GtC C-zoLOGY 1I_' -- g.<,cv a+; e.le o &voloyir.n{ S,,rra-r µJIt,4r1M-rr.._ GfeoLter Co FIG. 3 54021;0 Date: December 2, 1993 immission No. : 1821-01-03-02 FOUNDATION ENGINEERING U4 ' ; ' \ ��j' � t I r ' . k rt*TIM 49 '4 �'>a , N Vii T2 U . ` , k rc r � � -ire tom. fi •v C Q\U : C t tNk -trc4 `F - €`Y , a 4944 thi-; s , 1 C-cioolaa44 P ntrs -r -T W'-Q- LAgsa rtr, U -URA-I+u 2 -Pcsrr5 - CLa4,4o..)14r7 2- Lo,..ca. QJ ihrtair r 12coco q- - ),4t UKttu 14 {-' 5 /' N) 1 Cpri.41-44.- 0 Qo o-izs r' &!-foo c GKfGS? gal> o4', CoLOKhf2° G'QoLOC.Ic.st- c->vl/f%-7' S PWGlkl- (.4LICkTOH If -/ec FIG. 4 940250 Dr December 2, 1993 _atission No • 1821-01-03-02 rOUNOATIO N ENGINEERING „k Is sir N':, r THOMPSO ri. 2 6` A 5 ir4 LAKE , « arketsAtl, . . .. „ ,..„,,- . .4.1 . r 65 \ ' r Pte• Ni If , f. / !.. ---**41,r, A, : ' e , ir _0 __C�j if t l i r . ;:' t ,r' KEY 3z -bh IOArt- 1%4-3:• S%ore- Sz -Of8ao (..e44471-- 1co-rt -3%.4:.52o51.rFS- (#4 -'(1+WPLOHO Ioo.M - 1% -4 3,- 5LoPL b5--'fl+rca-,.)4D 1-vM -3% bog 2.SLo Solt_ ç2-J -er P1PcP USED o4-, 'I✓SJR- -r Off V✓EL. CoJI-ft( Cot.owacu - SoJtu6au-{ pr-rat - USant- S.4 FIG. 5 94025) r - WELD COUNTY, COLORADO, SOUTHERN PART 101 TABLE 6.--BUILDING SITE. DEVELOPMENT--Continued ,e4_ Soil name and Shallow Dwellings Dwellings Small Local roads map symbol excavations without with commercial and streets basements basements buildin s --- 19 Moderate: Severe: Severe: Severe: Severe: Colombo floods. floods. floods. floods. floods. 20 Slight Moderate: Moderate: Moderate: Moderate: --- Colombo low strength. low strength. low strength. low strength, frost action. 21, 22 Severe: Moderate: Slight Moderate: Severe: Dacono cutbanks cave. low strength, low strength, shrink-swell, shrink-swell. shrink-swell. low strength. 23, 24 Slight Moderate: Moderate: Moderate: Moderate: Fort Collins low strength. low strength, low strength. low strength. shrink-swell. 25, 26 Severe: Severe: Severe: Severe: Severe: Haverson floods, floods. floods, floods. floods. 27, 28 Severe: Severe: Severe: Severe: Severe: Heldt too clayey. shrink-swell, shrink-swell, shrink-swell, shrink-swell, low strength. low strength. low strength, low strength. 29, 30 Slight Moderate: Moderate: Moderate: Moderate: Julesburg low strength. low strength. low strength. low strength, frost action. 31, 32 Slight i Moderate: Moderate: Moderate: Moderate: Kim ; low strength, low strength. low strength. low strength. 33, 34 ._�_..__.....Y..�.___.._...,.._...._._....._._. _..._... ;Slight Moderate: Moderate: Moderate: Moderate: - Kim • low strength. low strength. low strength, low strength. slope. 35*: , , Loup ;Severe: Severe: Severe: Severe: Severe: I wetness, wetness, wetness, wetness, wetness. I cutbanks cave, floods. floods, floods. • Boel - ;Severe: Severe: Severe: Severe: Severe: I wetness, wetness, wetness, wetness, wetness, floods, floods, floods. floods, floods. cutbanks cave. 36': Midway Severe: Severe: Severe: Severe: Severe: too clayey. shrink-swell, shrink-swell, slope, shrink-swell, low strength. low strength. shrink-swell, low strength. low strength. Shingle ;Severe: Severe: Severe: Severe: Severe: I depth to rock, depth to rock, depth to rock. depth to rock, depth to rock. slope. 37 ;Severe: Moderate: Severe: Moderate: Moderate: Nelson I depth to rock. depth to rock, depth to rock, depth to rock, depth to rock, low strength. low strength, low strength. 38 Severe: Moderate: Severe: Moderate: Moderate: Nelson depth to rock, depth to rock, depth to rock. slope, low strength. depth to rock, depth to rock, low strength. low strength. 39, 40, 41, 42, 43 Moderate: Severe: Severe: Severe: Severe: _ - Nunn too clayey. shrink-swell, shrink-swell, shrink-swell, shrink-swell, low strength. ; low strength. low strength. low strength. See footnote at end of table. 940250 102 SOIL SURVEY TABLE 6.--BUILDING SITE DEVELOPMENT--Continued -r Soil name and Shallow Dwellings Dwellings Small Local roads — map symbol excavations without with commercial and streets basements basements buildings 44 Slight Slight Slight Slight Moderate: Olney low strength. 45 Slight Slight Slight Moderate: Moderate: Olney ' slope, low strength. 46, 47 Slight Slight Slight Slight Moderate: Olney low strength. 48 Slight Slight Slight Moderate: Moderate: Olney slope. low strength. 49 Severe: Slight Slight Slight Slight. Osgood cutbanks cave. 50, 51 Slight Slight Slight Slight Slight. 0 0 52, 53- Slight Slight Slight ,Moderate: Slight. Otero i slope. 54 Slight Severe: I Severe: Severe: Moderate: Paoli floods. floods, floods, low strength, frost action. _, 55 Slight Slight Slight; Slight Moderate: Paoli low strength, frost action. 56 Moderate: Moderate: Moderate: Moderate: Severe: Renohill depth to rock, low strength, ; low strength, low strength, low strength, too clayey. shrink-swell. ; depth to rock, shrink-swell. shrink-swell. shrink-swell. 57 Moderate: Moderate: Moderate: Moderate: Severe: Renohill depth to rock, low strength, low strength, slope, low strength, too clayey. shrink-swell, depth to rock, , low strength, shrink-swell. shrink-swell, shrink-swell. 58, 59 Severe: Severe: Severe: Severe: Severe: Shingle depth to rock, depth to rock. depth to rock, depth to rock. depth to rock. 60•: Shingle Severe: Severe: Severe: Severe: Severe: depth to rock. depth to rock. depth to rock. depth to rock. depth to rock. Renohill Moderate: Moderate: Moderate: Moderate: Severe: depth to rock, low strength, low strength, slope, low strr th, too clayey. shrink-swell. depth to rock, low strength, shrink-swell. shrink-swell. shrink-swell. 61 Moderate: Moderate: Moderate: Severe: Moderate: Tassel depth to rock. depth to rock. depth to rock. slope. depth to rock. 62 Severe: Moderate: Severe: Moderate: Moderate: Terry depth to rock, depth to rock, depth to rock. depth to rock. depth to rock. 63 Severe: Moderate: Severe: Moderate: Moderate: Terry depth to rock. depth to rock. depth to rock. depth to rock, depth to rock. — slope. / .4 -) Moderate: Moderate: :Moderate: Moderate: Moderate: dslund depth to rock. low strength. I depth to rock, low strength. low strength. 65- Moderate: Moderate: ;Moderate: Moderate: Moderate: Thed lund depth to rock, low strength. ; depth to rock. low strength, low strength. , slope. See footnote at end of table. 940250 WELD COUNTY, COLORADO, SOUTHERN PART 105 TABLE 7.--SANITARY FACILITIES--Continued : — Soil name and Septic tank Sewage lagoon Trench Area Daily cover map symbol absorption areas sanitary sanitary for landfill fields landfill landfill — 21 , 22 Severe: Severe: Severe: :Slight Fair: Dacono percs slowly. seepage. seepage. too clayey. 23 Moderate: Moderate: Slight (:Slight Good. Fort Collins percs slowly. seepage. 24 Moderate: Moderate: Slight ;Slight Good. Fort Collins percs slowly. seepage, • slope. 25, 26 Severe: Severe: Severe: :Severe: Good. Haverson floods. floods. floods. : floods. 27, 28 Severe: Moderate: Severe: :Slight Poor: Heldt percs slowly. slope. too clayey. too clayey. 29, 30 Slight Severe: Severe: :Severe: Good. Julesburg seepage. seepage. : seepage. 31 Slight Moderate: Slight ;Slight Good. K'm seepage. : 32, 33 Slight Moderate: Slight Slight Good. Kim seepage, slope. 34 Slight Severe: Slight :Slight Good. Kim slope. _ 35*: ' Loup Severe: Severe: Severe: Severe: Poor: wetness, wetness, wetness, wetness, wetness. floods. seepage, floods, floods, floods. seepage. seepage. Boel Severe: Severe: Severe: Severe: Poor: wetness, wetness, wetness, wetness, too sandy. floods. seepage, floods, floods. floods. seepage. 35*: Milway Severe: Severe: Severe: Moderate: Poor: percs slowly, depth to rock, depth to rock, slope. too clayey, depth to rock. slope. too clayey. thin layer. Shingle Severe: Severe: Severe: Moderate: Severe: depth to rock. slope, depth to rock. slope. thin layer. depth to rock. 37, 33 Severe: Severe: Severe: Severe: Fair: Nelson depth to rock. depth to rock, depth to rock, seepage. thin layer. seepage. seepage. 39 Severe: Moderate: Slight Slight Fair: Nunn percs slowly. excess humus, too clayey. 40 Severe: Moderate: Slight Slight :Fair: Nunn percs slowly. excess humus, : too clayey. slope. 41 Severe: Moderate: Slight :Slight :Fair: Nunn percs slowly. excess humus, : too clayey. : 42 Severe: Moderate: Slight Slight :Fair: Nunn percs slowly. excess humus, : too clayey. slope. See footnote at end of table. 940250 . 1i 106 SOIL SURVEY I TABLE 7.--SANITARY FACILITIES--Continued i 1------ Soil name and Septic tank Sewage lagoon Trench Area Daily cover map symbol absorption areas sanitary sanitary for landfill Ifields landfill landfill 43 Severe: Moderate: Slight Slight Fair: Nunn percs slowly. excess humus. too clayey, II44, 45, 46, 47, 48-- Slight Severe: Slight Slight Good. nev seepage. 49 Slight Severe: Severe: Severe: Fair: II Osgood seepage. seepage. seepage, too sandy. 0, 5 52 Slight Severe: Slight Slight Good. Otero seepage. II r>3 Slight Severe: Slight Slight Good. Otero slope, seepage. 54 Slight Severe: Severe: Severe: Good. Paoli seepage. seepage. seepage. !. 55 Slight Severe: Severe: Severe: Good. Paoli seepage. seepage. seepage. 1 i 56, 57 Severe: Severe: Severe: Slight Fair: Renohill percs slowly, depth to rock. depth to rock. too clayey, depth to rock. thin layer. II I., 58, 59 Severe: Severe: Severe: Slight Poor: II i Shingle depth to rock. depth to rock. depth to rock. thin layer. 60*: ' ` Shingle Severe: Severe: Severe: Slight Poor: depth to rock. depth to rock. depth to rock. thin layer. Renohill Severe: Severe: Severe: Slight Fair: percs slowly, depth to rock. depth to rock. too clayey, depth to rock. thin layer. ' 61 Severe: Severe: Severe: Severe: Poor: Tassel depth to rock, depth to rock, depth to rock, seepage. thin layer, seepage, seepage. area reclaim. slope. ' 6?, 63 Severe: Severe: Severe: Slight Fair: Terry depth to rock. depth to rock, depth to rock, thin layer, seepage. area reclaim. E65 Severe: Severe: Severe: Slight Fair: III ThedaLund depth to rock. depth to rock. depth to rock. thin layer. 66 Severe: Slight Moderate: Slight Poor: Ulm peres slowly. too clayey. too clayey. 67 Severe: Moderate: Moderate: Slight Poor: , Ulm percs slowly. slope. too clayey. too clayey. 68* Moderate: Severe: Severe: Severe: Poor: Ustic Torriorthents slope. seepage, seepage, seepage. too sandy, small stones. too sandy. small stones. 69, 70 Slight Severe: Severe: Severe: Poor: Valent seepage. too sandy, seepage. too sandy. J seepage. 71*: Valent Slight Severe: Severe: Severe: Poor: 'i! seepage, too sandy, seepage, too sandy. seepage. 9. See footnote at end of table. j 940250 FOUNDATION I Engineering, AND SOILS Inc. November 30, 1993 Commission No. : 1821-01-03-01 Mr. Jim Scott P.O. Box 147 Lyons, Colorado 80540 RE: Shiloh Estates P.U.D. , Weld County, Colorado Dear Mr. Scott: This letter includes the pavement recommendations for the roadway ' for Shiloh Estates P.U.D. The proposed subdivision is to consist of eight (8) residential lots ranging in size from 2 . 1 acres to 17 .3 acres . The roadway will be approximately 2300 lineal feet with a pavement width of twenty (20) feet. There will be no through traffic. The following design is based on the 1993 AASHTO "Guide for the Design of Pavement Structures" and the 1990 CDOH "Roadway Design Manual. " The following criteria was used for the design. R-value of subgrade soils = 8 Resilient modulus = 2851 18k ESAL = 36,500 Design Life = 20 years Serviceability Index = 2 . 0 Reliability Factor = 65% Standard Deviation = 0.44 Strength Coefficients Hot Bituminous Pavement (HBP) = 0 .44 Aggregate Base Course (ABC) = 0. 11 Plant Mix Bituminous Base (PMBB) = 0 . 34 The pavement recommendations are as follows: Local Roadway Option 1 Option 2 Option 3 HBP 3" 4" 2" ABC 10-1/2" 6-1/2" -- PMBB -- -- 5" Total 13-1/2" 10-1/2" 7" 100 East3rd Street • Loveland,Colorado80537 • (303)663-0138 940250 • November 30, 1993 Commission No. : 1821-01-03-01 Page 2 All topsoil shall be stripped from the roadway subgrade. The subgrade shall then be scarified to a depth of at least six (6) inches and recompacted to at least 95% or standard Proctor, moistening or drying as necessary. The ABC shall meet Class 5 or 6 of Colorado Department of Transportation (CDOT) Standards and shall be compacted to at least 95% or standard Proctor. The ABC shall extend the full width of the shoulders . All HBP shall meet CDOT Grading C or CX. All PMBB shall meet CDOT Grading G or equivalent. All construction procedures and materials shall meet current Weld County Standards and current standards of the industry. Additional stabilization methods may be necessary if problems occur during the construction process . We would be glad to discuss this with you if needed. We recommend that all phases of the roadway construction procedure be inspected and tested by an Engineer or representative to detect any conditions which were not encountered during this investigation and to insure the quality of the construction process . If you have any questions, please feel free to call. Respectfully, Thomas W. Finley, Engineering Geologist Reviewed by: Kevin W. Patterson, P.E. FOUNDATION & SOILS ENGINEERING, INC. TWF\jlb 940250 Date: November 30, 1993 Commission No. : 1821-01-03-01 U4cewS1 9-&-&7 • ...... ----- -J --- fl+'0+'!O•t '•;405.0.' 1 (---- I//L0T T LOT IIr ' •'•• v.+•+c.•Ileffl r.+•K. 40M) ="—. - r . '.....\\/) elj ---- t f11.+ ...• rwurr c•w+On 071•5416L +try r • \ f u'•m.o�. l'H LOT to LOT Lr•AC.(MO+.. ••+' +e •/ro.Orf \` LOT II (HOW HAT.LOT I LE•AC(MOn? / �,••--__-- -. 5.u.a lr�W 1 • l 'rl•• / r.. 'I •• 'row.. u..rc a nwl�.l — +/I'OY/ • 1 II4.le 0 • 8 LOT If n.M' (14055) LOT 5 �„ 43 •.I•25.010.V 5.1•.c(MOSS I ' 05 IS. Itow 1 .w: LOT fIS w _._ ,•r 4 nun.. I +.r•4C.(MOSS) ". I LOT + .•n.•..l •`•'Ann" AC(CROSS) L07 /1 :•••Or �: -1.44 f.+•K.IfROMI l • V� 1 .e. ••w LOT 3 I C.K.Ir+Olfl ' \......,.... I 0 i • • LOT 1 1 S I.AC(1503.51 LOT IOJ K. OJK --- / fJ C AC. MONWOES ryf C -- •rrnw . ant. I COMMON 01•01W WI COMMON , a••l. 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I is • .. ,°.e . ..I ' "— /7--- 1.._.i 49` T . — — v �� Thompson kI Lake i it 1 .� 0000 4%,...............\ - I I I J I Il. r C 1 I \ , ( , S—k 3 .v J I „ 7 (, V___J9� � /� 10 I e I 48,0 9 10 i 1 \ O / _•Avery 'loco ^ A Q 16O tt AA) rt _...N\LrN:•'18 17 oC • • 5 Windsor Lake o 1 ; . ��/- � ' l •• �l 4/90 4700 //f�III' ' „V , IiMAtu �l 'VT a •. -- �� 11 f ±TFH= 7) ,4790 _...I( ]IyyIIII \'• l h 6.'..I .IL Il ' ` incisor • ,'\'•/ t— l ll - Ili t4' 1 � � lu WQ -4780 19 s ' ��M F 1 1 — 9 21 e— 22 4719 TN ` 0 1 � _,_ --___ 4783i 257 �/ ` 1.-1-, . 4;80 940254 -4770 <>t0 • ° -- —- ' �> io Sewaee O sPosal _ ou — - �' ' • J .. •I. , �"'" '" y ` ' • { • •u'x: " y .: 4 R �44RR�hxx''ee``�i,, I .. ... . 1 • .. r.. . . ..� .. N 1-01 I i i t i" • (036) ; • -.. " .. I. • 1/4 V ' -` .. t , .-,:?,,,.t. 4'5 (�(t t..�.M e• r kk ., x 9rr}0250 LAND-USE APPLICATION SUMMARY SHEET Date: March 8, 1994 CASE NUMBER: S-354 NAME: James H. Scott, Jr. (Shiloh, Inc. ) ADDRESS: P.O. Box 147, Lyons, CO 80540 REQUEST: Planned Unit Development Final Plan. LEGAL DESCRIPTION: Part of the SE4 of Section 4, T6N, R67W of the 6th P.M. , Weld County, Colorado. LOCATION: North of and adjacent to Weld County Road 72. SIZE OF PARCEL: 75.54 acres, more or less POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The criteria for review of this Special Review permit is listed in Section 24.3 of the Weld County Zoning Ordinance. The Department of Planning Services' staff has received responses from the following agencies : 1. West Greeley Soil Conservation District 2. Weld County Engineering Department 3. U.S. Department of Army Corps of Engineers 4. Weld County Sheriff's Office 5. Weld County Health Department 6. Colorado Geological Survey 7. Town of Severance 8. Town of Windsor The Department of Planning Services' staff has not received referral responses from: 1. Windsor/Severance Fire Protection District 2. Windsor School District 3. Greeley Soil Conservation District The Department of Planning Services' staff has not received any objections from surrounding property owners. Staff comments and land use summary materials will be distributed at the Planning Commission Meeting. 940250 DATE: March 15, 1994 CASE NUMBER: S-354 NAME: James H. Scott, Jr. , (Shiloh, Inc. ) ADDRESS: P.O. Box 147, Lyons, Colorado 80540 REQUEST: A Site Specific Development Plan and a Final Planned Unit Development Plan, 1st Filing. LEGAL DESCRIPTION: Part of the SE4 of Section 4, T6N, R67W of the 6th P.M. , Weld County, Colorado. LOCATION: North of and adjacent to Weld County Road 72; approximately 1/4 mile west of Weld County Road 19. THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The applicant has complied with all the application requirements listed in Section 28.9 et seq. , of the Weld County Zoning Ordinance. 2. The request is in conformance with Section 28.14 of the Weld County Zoning Ordinance as follows: a. The proposed P.U.D. Plan is consistent with the Weld County Comprehensive Plan and is compatible with future development as permitted by the existing P.U.D. District and plans of affected municipalities. The Town of Windsor and the City of Greeley have reviewed the request and found no conflict with their interests. b. The P.U.D. Plan conforms to the approved P.U.D. District. The Utility Coordinating Advisory Committee reviewed and conditionally approved the P.U.D. utility plan at its September 10, 1993, meeting. c. The proposed P.U.D. Plan conforms with the performance standards in Section 35.3 of the Zoning Ordinance. d. The P.U.D. Plan site is not located in an Overlay District Area. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding this request, and responses from referral entities. The Department of Planning Services' staff recommendation for approval is conditional upon the following: 1. Prior to recording the P.U.D. Plan plat: 940250 RECOMMENDATION, S-354 James H. Scott, Jr. , (Shiloh, Inc.) Page 2 a. The Board of County Commissioners shall approve the subdivision improvements agreement and the form of collateral and the security for the agreement shall be tendered and accepted by the Board of County Commissioners for the subdivision improvements agreement. Exhibit B of the Subdivision Improvements Agreement shall be amended to demonstrate if any of the procedures will overlap. b. The applicant shall submit evidence to the Department of Planning Services' staff that the covenants approved by the Weld County Attorney's Office are ready for recording. c. Any wetlands shall be delineated, mapped, and shown on the P.U.D. Plan Map. 2. The following notes shall be placed on the P.U.D. plat prior to recording: a. The uses permitted within the P.U.D. Plan shall consist of those uses allowed by right, accessory uses, and Uses by Special Review as identified in the E (Estate) zone district of the Weld County Zoning Ordinance. b. Water service shall be provided by North Weld County Water District in quantities adequate for the proposed uses and fire protection. c. Sewage disposal shall be provided by Individual Sewage Disposal Systems (ISDS) , and shall be installed according to the Weld County Individual Sewage Disposal Regulations. ISDS Permits shall be finalized and approved by an Environmental Protection Specialist within one (1) year of the application date. d. No vehicular access other than emergency access shall be permitted to the site from the access easement to the east of Lot 8. e. Any required emissions permit shall be obtained from the Air Pollution Control Division, Colorado Department of health for fugitive dust. f. Fugitive dust shall be controlled on this site. g. No permanent disposal of wastes shall be permitted at this site. h. Wood shavings, saw dust, and waste materials shall be handled, stored, and disposed of in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. i. The Weld County Health Department requires this facility utilize North Weld County Water District for the domestic water supply. 940250 RECOMMENDATION, S-354 James H. Scott, Jr. , (Shiloh, Inc. ) Page 3 j . All construction activities that disturb more than five acres shall be required to obtain a stormwater discharge permit from the Colorado Department of Health, Water Quality Control Division. k. Existing irrigation ditches shall be maintained in good order and not allowed to erode due to impacts such as horse trails and play areas associated with this subdivision. 1. Any request to make a major change to an approved Planned Unit Development Plan shall be processed as a new application for a Planned Unit Development Plan under Section 28.9 of the Weld County Zoning Ordinance. This may include, but not be limited to, requests for vacating all or parts of an approved Planned Unit Development Plan for the purpose of major redesign or major corrections. The Department of Planning Services may waive application requirements which do not pertain to the proposed major change to the P.U.D. Plan. m. The Department of Planning Services may approved minor modification to a Planned Unit Development Plan. The applicant shall prove to the Department that the minor modification is required by engineering or other circumstances not foreseen during the approval of the Planned Unit Development Plan. The Department shall not approve a minor modification if that modification does not conform to the Planned Unit District. n. The Board of County Commissioners may, without a hearing or compliance with any of the submission, referral, or review requirements of the Planned Unit Development Plan regulations, approve a correction to a Planned Unit Development Plan if the sole purpose of such correction is to correct one or more technical errors in an approved Planned Unit Development Plan and where such correction is consistent with its approved Planned Unit Development District. o. The property shall be maintained in compliance with Section 404 of the Clean Water Act. Proper Department of the Army, Corps of Engineers permits shall be obtained prior to any work in an existing wetland. p. Roads within the subdivision shall be limited to a 20 mph speed limit. q. All roads within the P.U.D. shall be dedicated for public use, privately owned, and privately maintained. r. Oil and gas production facilities shall be allowed within this P.U.D. , only with the approval of a Special Review permit. s. All Uses by Special Review identified in the Weld County Zoning Ordinance Estate zone district shall require the approval of a Special Review permit prior to being conducted within this P.U.D. 940250 RECOMMENDATION, S-354 James H. Scott, Jr. , (Shiloh, Inc.) Page 4 t. The setback or the dimension from the rights-of-way line for the landscaped entrance, including the 7 foot wall, shall be reviewed and approved by the Weld County Engineering Department to determine adequate site distances in both directions. The approved distance from the rights-of-way to the landscaping shall be shown on the P.U.D. Plan Map. u. The location of all fire hydrants shall be reviewed and approved by the Windsor Fire Protection District staff. The approved locations shall be shown on the Planned Unit Development Plan. v. Setbacks shall not be less than 60 feet from front and back lot lines, offsets from side lot lines shall be no less than 30 feet. w. All common open space shall be conveyed to the Shiloh Estate Planned Unit Development Community Association who will have responsibility and duty to preserve and maintain all open space. 3. Prior to the release of building permits: a. Signs shall be posted on roads within the subdivision that indicate 20 mph speed limit. The size, design, and number of speed limit signs shall be determined by the Weld County Engineering Department using the Uniform Traffic Control Manual. b. Construction Plan Sheet 3 of 6, Cross Section A-A, shall be amended to show the depth of asphalt and base as approved by the Weld County Engineering Department. c. The P.U.D Plan Map has been recorded in the office of the Weld County Clerk and Recorder in accordance with the Weld County Zoning Ordinance. d. Evidence shall be submitted to the Department of Planning Services' staff that the Architectural Control Committee has approved the plans for the single family dwelling and/or outbuildings. 4. Prior to the release of the third single family dwelling building permit: a. The developer shall install a shed and outdoor area within the common area. b. The developer shall grade and install the systems of trails. c. The developer shall install a system of carrier ditches and related works to insure lots within the Planned Unit Development have irrigation water available to them. 940250 5-354 PLANNED UNIT DEVELOPMENT PLAN APPLICATIO0 O ii5 "5g-17 _ " Department of Planning Services, 915 10th Street, Room 342, Gre y,Jfilll1rgdpg94 1 PHONE: 356-4000 Ext. 4400 '41"d-Pnu.^.tl/Planning FOR PLANNING DEPARTMENT USE ONLY: CASE NO. APPLICATION FEE i0C.I-' ZONING DISTRICT RECEIPT NO. i Ci 7 L-I CD DATE RECORDING FEE APPLICATION CHECKED BY RECEIPT NO. 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 and the Board of County Commissioners concerning proposed subdivision of the following described unincorporated area of Weld County. LEGAL DESCRIPTION: See attached property description. (If additional space is required, attach an additional sheet of this same size. ) NAME OF PROPOSED PUD SUBDIVISION Shiloh Estates P.U.D. EXISTING ZONING P.U.D. NO. OF PROPOSED LOTS 14 TOTAL AREA (ACRES) 75;541=ac_ LOT SIZE: AVERAGE 5 3± ac, MINIMUM 2 . 12± ac. UTILITIES: WATER: NAME Northern Weld County Water District SEWER: NAME On lot septic GAS: NAME To be determined PHONE: NAME us wPct ELECTRIC: NAME RF.A DISTRICTS: SCHOOL: NAME Winrlgn r FIRE: NAME wi ndcnr DESIGNER'S NAME Tni-armi 1 l Land Snrveying, Inc. PHONE 669-0 ,16 ADDRESS 1 301 N. Cleveland Ave_ Loveland, CO 80517 ENGINEER'S NAME Foundation rngi neeri nr3 PHONE 661-0118 ADDRESS 100 W 3rd Street Loveland CO 80537 FEE OWNERS OF AREA PROPOSED FOR PUD SUBDIVISION NAME Shiloh. Inc. PHONE ( 307 ) 2_65-4311 ADDRESS 123 W. 1st St. Suite 690 Casper, WY 82602 NAME PHONE ADDRESS NAME PHONE ADDRESS APPLICANT OR AUTHORIZED AGENT Sif different than above) NAME James H. Scott, Jr. (Vice President - Shiloh, Inc. ) ADDRESS Box 147 Lyons, CO 80540 HOME TELEPHONE 1l (303 ) 686-9326 BUSINESS TELEPHONE # (303 ) 686-9326 I hereby depose and state under the penalties of perjury that all statements, proposals, and plans submitted with or contained within this application are true and correct to the best of my knowledge. COUNTY OF WELD ) ) SS STATE OF COLORADO) Si tune: Owner or Au orized Agent Subscribed and sworn to before me t is /2.'8 day of 3anuarc1 19 9V . .4"` Kci,Stuo NOT PUBLIC My Commission expires ...-7._ SY PUB! JODEE L. KADOUS 9402150 Ii . .ermill Land Surveying -Registered in Colorado& Wyoming 1301 N. Cleveland Ave. Loveland, Colorado 80537 � (Y��r�,� `�►�� (303) 669-0516 4w ^T1w PROPERTY DESCRIPTION (Shiloh Estates P.U.D. ) : A tract of land situate in the Southeast Quarter of Section 4, Township 6 North, Range 67 West of the 6th P.M. , County of Weld, State of Colorado being more particularly described as follows: Considering the South line of said Southeast Quarter as bearing North 89°08'00" West and with all bearings contained herein relative thereto: Beginning at the Southwest corner of the Southeast Quarter of said Section 4, said point being the TRUE POINT OF BEGINNING; thence along the West line of said Southeast Quarter North 00°09' 11" West 2540.67 feet ; thence leaving said West line South 88°06' 20" East 1802.04 feet ; thence South 07°36 '41" West 712.65 feet; thence South 86°30' 23" West 8. 15 feet ; thence South 53°28 ' 18" West 214.39 feet; thence South 25°48' 15" West 369.00 feet; thence South 89°O8'OO" East 88. 87 feet ; thence South 34°33' 21" West 212.65 feet ; thence South 51°45' 59" West 77.99 feet ; thence South 84°18 ' 54" West 65.42 feet ; thence North 46°25'O9" West 83.38 feet ; thence North 89°O9 '44" West 205.66 feet ; thence South OO°OO'OO" West 1157.65 feet , more or less , to a point on the South line of said Southeast Quarter; thence along said South line North 89°O8 'OO" West 927.41 feet to the TRUE POINT OF BEGINNING. Said tract of land contains 75.54 Acres, more or less, and is subject to all existing easements and/or rights of way of record. 940250 _ _ I January 25, 1994 P-93-1999 111 Weld County Department of Planning FEB 2 1994 ' 1400 17th Avenue •Tn.+‘Aor,•.,w,+o(8lMIIIQ Greeley, CO 80631 re: Addendums to Shiloh Estates P.U.D. Plan submittal material. To Whom It May Concern; Please find a list hereafter of the additional information requested per Weld County Planning Department. 1 ) Application Form - under utilities for gas - reads "to be determined" . Should read "Public Service" . 2 ) For our collateral we plan to use a surety bond as per 8 .4 on the improvements agreement . 3 ) 28. 9 . 1 . 17 - as per the final map (Sheet 2 of 2 ) a 25 ' Ditch and Maintenance Easement is granted to the Challgren Ditch Company. 4 ) 28. 10 . 1 There are no buildings included in the P.U.D. plan. However, the lots created by the P.U.D. are designed for single family residences. An Architectural Review Board shall adopt Guidelines and Rules governing the type of structures to be permitted in the P.U.D. . These Guidelines and Rules are made for the purpose of creating and keeping the P.U.D. , so far as possible, desireable, attractive, beneficial, uniform and suitable in architectural design, materials and appearance; guarding against unnecessary interference with the natural beauty of the P.U.D. ; all for the mutual benefit and protection of all lot owners . Dwellings are to be one or two stories , and shall not exceed 40 feet in height. The dwelling space of each residence shall contain a minimum of 2 ,000 square feet of finished living space. Each residence shall include an attached garage having space for no less than two automobiles . All improvements shall be constructed of good and suitable materials, and all workmanship shall result in first class construction. All dwellings shall include cedar shake, tile, copper or other decorative roof. 5 ) 28 .9 . 1 . 11 The open space within the P.U.D. consists of trails for hiking, jogging, biking, horseback riding and cross country skiing. There will also be an equestrian arena, approximately 150 ' by 300 ' for use by homeowners to exercise and train their horses . This arena will be an open air arena constructed of three rail white vinyl fencing. Please see landscaping plan for details on parking and landscaping in this area. 940250 .._..__... SUBMITTAL REQUIT 4....JTS FOR A P.U.D. PLAN AF x. ATION SUBMITTAL: 28 .9 thru 28 .9 . 1 . 5 Enclosed 28.9 . 1 .6 None, please see certificate of title. 28 .9 . 1 .7 Improvement agreement enclosed. No off site road improvements. 28.9 . 1 .8 The PUD district creates 14 rural single family residential building acreages while maintaining an agricultural setting, by using existing land contours and promoting well maintained, low density residential development. The district also contains private common open space of approximately 4 . 7 acres which includes a horse riding arena and trail system. A total number of 14 single family residences with a minimum of 2000 square feet are expected to be built. Each residence is required to have a minimum of a two car garage as well as two additional off street parking spaces . 28 . 9 . 1 .9 Each Lot shall be the site of a detached single family dwelling designed and occupied as a residence for a single family. 28 .9 . 1 . 10 Berms and landscaping will be used to screen the PUD from Weld County Road 72 . Please see landscape plan. 28 .9 . 1 . 11 The open space within the PUD consists of trails for hiking, jogging, biking, horseback riding and cross country skiing. There will also be an equestrian arena, approximately 150 ' by 300 ' for use by homeowners to exercise and train their horses. 28 .9 .1 . 12 All common open space shall be conveyed to the Shiloh Estates PUD Community Association who will have responsibility and duty to preserve and maintain all open space. Please see enclosed covenants and articles of incorporation. 28 .9 . 1 . 13 Enclosed. 28 . 9 . 1 . 14 We are ready and able to start construction of the PUD as soon as the final plan is approved by the county. Construction is expected to be completed within six months . Please see construction time line included in the improvements agreement. 28 . 9 . 1 . 15 The estimated construction cost for improvements within the PUD is 8 3+O, ""1SO.oO . Construction cost will be paid by Shiloh, Inc. . No financing willbe necessary. 28. 9 . 1 . 16 NA 28 .9 . 1 . 17 All irrigation ditches will stay in there present locations . 940250 28 .9 . 1 . 18 Enclu.,ed. 28 . 9 .1 .19 Enclosed. 28 . 9 . 1 .20 Enclosed. 28.9 . 1 .21 A sign will be posted as per this Section. 28 . 10 . 1 There are no buildings included in the PUD plan. However the lots created by the PUD are designed for use as Single family residences with a minimum of 2 , 000 square feet of living space, and attached garage. The architectural style within the PUD is expected to vary but shall generally be traditional in nature with a maximum of two stories in height. 28 . 11 . 1 thru 28 . 11 . 3 . 7 Enclosed. 28 . 11 .4 thru 28. 11 .4 .9 Enclosed. 28 . 11 . 5 thru 28 . 11 .5 . 12 Enclsoed. 94©250 • BOARD OF DIRECTORS NORTH WELL .,OUNTY WATER DISTRICT ERNEST TIGGES GARY SIMPSON ERNEST ROSS tip- HIGHWAY 85 • LUCERNE, COLORADO 80646 I W.- M. McKAY I CHARLES ACHZIGERIVi LYLE NELSON, MGR. • Li t• y r. P.O. BOX 56 • PHONE 356-3020 . • June 16 , 1993 RE: Water Service Dear Sirs , This letter is in response to your inquiry regarding water service to the following described property: SEA of Section 4-6N-67W 1. Water service is presently being provided to the • above described property. 2. x Water service can be made available to the above described property provided all requirements of the District are satisfied. If contracts have not been consumated with North Weld County Water District within one year from date of this letter, this letter shall become null and void. • Additional comments : • Sincerely , NORTH WE OUNTY A 'R ISTRICT L e D. Nelson, Manager NDL/ds Jim Scott for Shiloh Estates • 940250 Poudre ' R E POUDRE VALL .iY RURAL Valley A ELECTRIC ASSOCIATION , INC . - 4809 SOUTH COLLEGE AVE • P.O. BOX 1727 FORT COLLINS • 226-1234 FORT COLLINS, COLORADO 80522-1727 FAX NO. • (303) 226-2123 June 21 , 1993 W .O. 25887 Jim Scott P. O. Box 147 Lyons , CO . 80504 RE: SHILOH ESTATES - SOUTHWEST 1/4 OF SECTION 4 , TOWNSHIP 6 NORTH, RANGE 67 WEST Poudre Valley Rural Electric Association, Inc. is ready, willing and able to serve all electrical loads within our certificated service territory subject to the Rules and Regulations of Poudre Valley Rural Electric Association, Inc . If you have any further questions , please contact our office. Sincerely, i'Perry Fielding Engineering Representative pl A: \TF\WO25887A.BLE GREELEY • 686-7431 LONGMONT • 776-1084 DENVER • 623-8606 1- Qy43�1[1_Q12 AN EQUAL OPPORTUNITY EMPLOYER �jtiiJi ��/ 0 Public Service® Public Service Company of Colorado P.O. Box 740 Loveland, CO 80539 January 13, 1994 Mr. Jim Scott 33082 County Rd 15 Windsor, CO. 80550 Dear Mr. Scott, The Public Service Company can serve Shiloh Estates with natural gas under the rules and regulations on file with the Colorado P.U.C. at the time of contract approval. At this time, the engineering department has the project in the design stage and we should have prices and a design in the next 3 to 4 weeks. Please call me at 225-7890 if you have any questions. Sincerely, 7 Dick 0gli Public Service Company Energy Services Department 9410250 - I TRANSAMERICA TITLE INSURANCE COMPANY The Group, Inc. 375 E. Horsetooth Road Fort Collins, Colorado 80525 Attn: Kim Allen Order No. 8032016 December 27, 1993 RE: Vacant Land Shiloh, Inc. , a Wyoming corporation In connection with the above matter, we are enclosing herewith the following: Owners Policy We are pleased to have the opportunity to be of service. 940250 • OWNER'S POLICY OF TITLE INSURANCE ISSUED BY TRANSAMERICA 1 T I LE INSURANCE COMPANY • SUBJECT TO THE EXCLUSIONS FROM COVERAGE,THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS,TRANSAMERICA TITLE INSURANCE COMPANY,a California corporation,herein called the Compa- ny,insures,as of Date of Policy shown in Schedule A,against loss or damage,not exceeding the Amount of Insurance stated in Schedule A,sustained or incurred by the insured by reason of: I. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land. The Company will also pay the costs,attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. IN WITNESS WHEREOF,TRANSAMERICA TITLE INSURANCE COMPANY has caused its corporate name and seal to be hereunto affixed by its duly authorized officers,the Policy to become valid when countersigned by an authorized officer or agent of the Company. TRANSAMERICA TITLE INSURANCE COMPANY .1 ckIE IN,fp y • y/ �� By: - , C. \N((INPO4.1/tO B Authorized Countersignature aj-E �Y President Attest: 69,44,11,0fidirli 4(IfRR1O Secretary EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,costs,attorneys' fees or expenses which arise by reason of: I. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating,prohibiting or relating to(i)the occupancy,use,or enjoyment of the land;(ii)the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations,except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. ' 3. Defects, liens, encumbrances, adverse claims or other matters: (a)created, suffered, assumed or agreed to by the insured claimant; (by not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; ' (c) resulting in no loss or damage to the insured claimant; (d)attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured it! by this policy. Ern numannouramomilimaraKthincirim:Ti"—ANSI, • I• American Land Title Association Owner's Policy(10-21-87)Face Page Valid Only If Schedule A, B and Cover Are gI'-�1 Form 1141-41 ORIGINAL `3V U TRANSAMERICA TITLE INSURANCE COMPANY POLICY OF TITLE INSURANCE SCHEDULE A Amount of Insurance: $ 185, 000.00 Policy No. : 8032016 Date of Policy: March 12, 1993 at 7: 00 A.M. 1. Name of Insured: Shiloh, Inc. , a Wyoming corporation 2 . The estate or interest in the land described herein and which is covered by this policy is: FEE SIMPLE 3 . The estate or interest referred to herein is at Date of Policy vested in: Shiloh, Inc. , a Wyoming corporation 4 . The land referred to in this Policy is described as follows: (SEE ATTACHED PAGE FOR LEGAL DESCRIPTION) 940250 TRANSAMERICA TITLE INSURANCE COMPANY Policy No. : 8032016 LEGAL DESCRIPTION A tract of land lying in the Southeast Quarter of Section 4, Township 6 North, Range 67 West of the 6th P.M. , Weld County, Colorado, and being more particularly described as follows: Beginning at the South Quarter corner of said Section 4 and considering the South line of said Southeast Quarter to bear North 89 degrees 08 minutes 00 seconds West and with all other bearings contained herein relative thereto; thence North 00 degrees 19 minutes 11 seconds West, 2540. 67 feet along the West line of said Southeast Quarter to an existing fence; thence South 88 degrees 06 minutes 20 seconds East, 1802 . 04 feet along said fence to the Northwest corner of Recorded Exemption No. 0807-4-4-RE 1211, recorded March 19, 1990 in Book 1258 as Reception No. 02208285; thence along the Westerly line of said RE 1211 by the following twelve (12) courses: South 07 degrees 36 minutes 41 seconds west, 712 . 65 feet; South 86 degrees 30 minutes 23 seconds West, 8 . 15 feet; South 53 degrees 28 minutes 18 seconds West, 214 . 39 feet; South 25 degrees 48 minutes 15 seconds West, 281.40 feet; South 25 degrees 48 minutes 15 seconds West, 87 . 60 feet; South 89 degrees 08 minutes 00 seconds East, 88.87 feet; South 34 degrees 33 minutes 21 seconds West, 212 . 65 feet; South 51 degrees 45 minutes 59 seconds West, 77 .99 feet; South 84 degrees 18 minutes 54 seconds West, 65.42 feet; North 46 degrees 25 minutes 09 seconds West, 83 . 38 feet; North 89 degrees 09 minutes 44 seconds West, 205. 66 feet; South 00 degrees 00 minutes 00 seconds West, 1157 . 65 feet to the South line of said Southeast Quarter; thence North 89 degrees 08 minutes 00 seconds West, 927 . 41 feet along said South line to the Point of Beginning. Page 2 940250 TRANSAMERICA TITLE INSURANCE COMPANY Policy No. : 8032016 SCHEDULE B This Policy does not insure against loss or damage by reason of the following: 1. Rights or claims of parties in possession not shown by the public records. 2 . Easements, or claims of easements, not shown by the public records. 3 . Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4 . Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Taxes due and payable; and any tax, special assessments, charge or lien imposed for water or sewer service, or for any other special taxing district. 6. Rights of way for county roads 30 feet wide on each side of section and township lines as established by Order of the Board of County Commissioners for Weld County, recorded October 14 , 1889 in Book 86 at Page 273 . 7. Reservation of right of proprietor of any penetrating vein or lode to extract his ore, in U.S. Patent recorded December 2 , 1893 in Book 51 at Page 240. (Affects SE1/4) 8 . An undivided 1/4 interest in all oil, gas and other rights as conveyed to Walter W. Holmes in a deed recorded October 19 , 1953 in Book 1371 at Page 606 and any interest therein or rights thereunder. NOTE: Said Deed contains the following: The grantors further grant, bargain and sell unto Grantee, the exclusive option and right for the term of one year from date, or within five days after the placing of a rig for the drilling of oil and gas on the property above described, whichever date is sooner, to purchase from first parties an additional undivided 1/4 interest in and under the above described lands, for the sum of $5, 000. 00. (Affects SE1/4) Page 3 940250 TRANSAMERICA TITLE INSURANCE COMPANY Policy No. : 8032016 SCHEDULE B - continued 9. An undivided 3/8 interest in all oil, gas and other rights as reserved by Albert S. Swanson, Jr. and Marie A. Swanson in a deed recorded January 3 , 1956 in Book 1438 at Page 541 and any interest therein or rights thereunder. (Affects SE1/4) 10. Oil and gas lease between Pineda and Sons, Inc. , a Colorado corporation and Dean L. Cummins dated July 15, 1980, recorded July 17, 1980 in Book 908 as Reception No. 1830365, and any interests therein or rights thereunder. NOTE: Numerous instruments of record indicate that said Oil and Gas Lease may have been extended beyond its primary term by the discovery and/or production of oil and/or gas upon subject property or upon lands unitized with subject property. 11. Terms, agreements, provisions, conditions, obligations and easements as contained in access and utility easement by and between Pineda & Sons, Inc. , a Colorado Corporation and Shiloh, Inc. , a Wyoming corporation, recorded March 11, 1993 in Book 1373 as Reception No. 02324778 . NOTE: The following notices pursuant to CRS 9-1.5-103 concerning underground facilities have been filed with the Clerk and Recorder. These statements are general and do not necessarily give notice of underground facilities within the property. (a) Mountain Bell Telephone Company, recorded October 1, 1981 in Book 949 as Reception No. 1870705. (b) Public Service Company of Colorado, recorded November 9, 1981 in Book 952 as Reception No. 1874084 . (c) Western Slope Gas Company, recorded March 9, 1983 in Book 990 as Reception No. 1919757 . (d) Colorado Interstate Gas Company, recorded August 31, 1984 in Book 1041 as Reception No. 1979784 . (e) Associated Natural Gas, Inc. , recorded April 23 , 1986 in Book 1110 as Reception No. 2050953 . Page 4 940250 7. DETERMINATION, EXTENT OF LIALLITY AND COINSURANCE. (b)When liability and the extent of loss or damage has been definitely This policy is a contract of indemnity against actual monetary loss or fixed in accordance with these Conditions and Stipulations, the loss or damage sustained or incurred by the insured claimant who has suffered loss damage shall be payable within 30 days thereafter. or damage by reason of matters insured against by this policy and only to 13. SUBROGATION UPON PAYMENT OR SETTLEMENT. the extent herein described. (a) The liability of the Company under this policy shall not exceed the (a)The Company's Right of Subrogation. least of: Whenever the Company shall have settled and paid a claim under this policy, all right of subrogation shall vest in the Company unaffected by (i) the Amount of Insurance stated in Schedule A; or, any act of the insured claimant. (o) the difference between the value of the insured estate or interest as The Company shall be subrogated to and be entitled to all rights and insured and the value of the insured estate or interest subject to the defect, remedies which the insured claimant would have had against any person or lien or encumbrance insured against by this policy. property in respect to the claim had this policy not been issued. If (b) In the event the Amount of Insurance stated in Schedule A a( the requested by the Company, the insured claimant shall transfer to the Date of Policy is less than 80 percent of the value of the insured estate or Company all rights and remedies against any person or property necessary interest or the full consideration paid for the land, whichever is less, or if in order to perfect this right of subrogation. The insured claimant shall ,subsequent to the Date of Policy an improvement is erected on the land permit the Company to sue, compromise or settle in the name of the which increases the value of the insured estate or interest by at least 20 insured claimant and to use the name of the insured claimant in any percent over the Amount of Insurance stated in Schedule A, then this transaction or litigation involving these rights or remedies. Policy is subject to the following: If a payment on account of a claim does not fully cover the loss of the (it where no subsequent improvement has been made, as to any partial insured claimant, the Company shall be subrogated to these rights and loss, the Company shall only pay the loss pro rata in the proportion that remedies in the proportion which the Company's payment bears to the the amount of insurance at Date of Policy bears to the total value of the whole amount of the loss. insured estate or interest at Date of Policy; or If loss should result from any act of the insured claimant. as staled (n) where a subsequent improvement has been made, as to any partial above, that act shall not void this policy, but the Company, in that event. loss, the Company shall only pay the loss pro rata in the proportion that shall he required to pay only that part of any losses insured against by this 120 percent of the Amount of Insurance stated in Schedule A bears to the policy which shall exceed the amount, if any, lost to the Company by sum of the Amount of Insurance stated in Schedule A and the amount reason of the impairment by the insured claimant of the Company's right expended for the improvement. of subrogation. The provisions of this paragraph shall not apply to costs, attorneys' fees (b) The Company's Rights Against Non-insured Obligors. and expenses for which the Company is liable under this policy, and shall The Company's right of subrogation against non-insured obligors shall only apply to that portion of any loss which exceeds, in the aggregate, I0 exist and shall include, without limitation, the rights of the insured to percent of the Amount of Insurance stated in Schedule A. indemnities, guaranties, other policies of insurance or bonds, (el The Company will pay only those costs, attorneys' fees and expenses notwithstanding any terms or conditions contained in those instruments incurred in accordance with Section 4 of these Conditions and Stipulations. which provide for subrogation rights by reason of this policy 8. APPORTIONMENT. 14. ARBITRATION If the land described in Schedule A consists of two or more parcels Unless prohibited by applicable law, either the Company or the insured which are not used as a single site,and a loss is established affecting one or more of the parcels but not all, the loss shall be computed and settled on a may demand ❑rbiArbitr pursuant to the T(Ie hisurmu Arbitration Rules of the Amcncan Arbitration Association. Arbil bible matters ma include. pro rata basis as if the amount of insurance under this policy was divided Y pro rata as to the value on Date of Policy of each separate parcel to the but are not limited to, any controversy or claim between the Company and whole, exclusive of any improvements made subsequent to Date of Policy, the insured arising out of or relating to this policy, any service of the unless a liability or value has otherwise.been agreed upon as to each parcel Company in connection with its issuance or the breach of a policy by the Company and the insured at the time of the issuance of this policy Provision or other obligation- All arbitrable matters when the Amount of and shown by an express statement or by an endorsement attached to this Insurance is$1.04)l,f1110 or less shall be arbitrated it the option of either the policy Company or the insured. All arbitrable matters when the Amount of Insurance is in excess of SI,1N10,000 shall he arbitrated only when agreed to 9. LIMITATION OF LIABILITY- by both the Company and the insured. Arbitration pursuant to this policy la) If the Company establishes the title, or removes the alleged defect, and under the Rules in effect on the date the demand for arbitration is lien or encumbrance, or cures the lack of a right of access to or from the made or, at the option of he the insured, the Rules in effect at Date of Policy land. or cures the claim of unma rketability of title, all as insured, in a shall he binding u�nn the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permit a court to reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its award attorneys' fees to a prevailing party. J udgntcnt upon the award obligations with respect to that matter and shall not he liable for any loss rendered by the Arbitrator(s) may be entered in any court having or damage caused thereby. jurisdiction thereof. Ibl In the event of any litigation. including litigation by the Company .The law of the situs of the land shall apply to an arbitration under the or with the Company's consent, the Company shall have no liability for Title Insurance Arbitration Rules. loss or damage until there has been a final determination by a court of A copy of the Rules may be obtained from the Company upon request. competent jurisdiction, and disposition of all appeals therefrom, adverse to the title as insured. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE let The Company shall not he liable for loss or damage to any insured CONTRACT. for liability voluntarily assumed by the insured in settling any claim or suit (a) This policy together with all endorsements, if any, attached hereto without the prior written consent of the Company. by the Company is the entire policy and contact between the insured and 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION the Company. In interpreting any provision of this policy, (his policy shall be construed as a whole. OF LIABILITY. (h) Any claim of loss or damage. whether or not based on negligence. All payments under (his policy, except payments made for costs, and which arises out of the status of the title to the estate or interest attorneys fees and expenses, shall reduce the amount of the insurance pro covered hereby or by any action asserting such chains, shall he restricted to canto. this policy. 11. LIABILITY NONCUMULATIVE. (c) No amendment of or cudorsenenI to this policy can be made except by a writing endorsed hereon or attached hereto signed by either the It is expressly understood that the amount of insurance under this policy President, a Vice President, the Secretary, an A ssista nl Secretary, or shall he reduced by any amount the Company may pay under any policy validating officer or authorized signatory of the Company. insuring a mortgage to which exception is taken in Schedule B or to which the insured has agreed assumed, or taken subject, or which is hereafter 16. SEVERABILITY. executed by an insured and which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall d the licat any . the on policyof the policy e e held invalid f include unenforceable tni he deemed a payment under this policy to the insured owner. under applicable law, the shall be deemed not to hsluJe that pnrvr sion and all other provisions shall remain in full force and effect. 12. PAYMENT OF LOSS. 17. NOTICES, WHERE SENT. (a) No payment shall be made without producing (his policy for All notices required to be given the Company and any statement endorsement of the payment unless the policy has been lost or destroyed, in in writing required to be furnished the Company shall be addressed to which case proof of loss or destruction shall be furnished to the satisfaction Transamerica Title Insurance Company, 4683 Chabot Drive, Suite 101, of the Company. Pleasanton,CA 94588. American Land Title Association Owner's Policy(10-21-87) 9M3250 Cover Page Valid OnlyFace If Page, Schedules A and B Are Attached Form 1141-36 EXHIBIT "A" Name of Subdivision: 5 h i L o & E 64..-tcs P() 0. Filing: Fns'./' H Location: 5 L fi O G � Kati l 67 0o4r 6r lgiM Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout this subdivision and as shown onthe subdivision final plat County dated 19 in IIook Page recorded on , the following No. , Recept on No. improvements . (Leave spaces blank where they do not apply) Estimated Unit Cost Construction Cost Impro__ vests I Street radin i. 75 6 'Y / y 75O O Street base °s Curbs utters Street �navinQ 5 �� I . D o0 t & culverts A. ers Sidewalk Storm sewer facilities Retention onds d0 °� Ditch im rovements Subsurface draina e Sanitar sewers Sanitar sewers Trunk & forced lines Mains Laterals house connected On-site sewage facilities On-site water supply & storage 30�SZo= Water mains-Includes Bore /1,50/<+ 6 1Y5°p Fire hydrants 32 065 � l ys� oo Survey & street monuments & boxes Street lighting -1.5642L7Street name signs o0 Fencin re uirements .c.4- 1 z� 750`= Landscaping y son oo Park improvements K ..<-%4 r-""'"r 3 tGOo2 Road Culvert 6Doo Grass Lined Swale il�a�,so Telephone L.R.. g0O� Gas y.Sd tFfi 3 v. 5Aella Electric Water Transfer SUB-TOTAL ✓F aVa. ' A5O 9-s Engineering and Supervision Costs (testing, inspection, as-built plans and work in addition to preliminary and final plat; supervision of actual construction by contractors) TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $ 3IQ -7.5-0Q-C1 The above improvements shall be constructed in accordance with all County requirements and specifications, and conformance with this provision shall be determined solely by Weld County, or its duly authorized agent. Said improvements shall be completed according to the construction schedule set out in Exhibit "B" . ( In corporation, to be signed by President and attested to by Secretary, together with corporate seal . ) Date: , 19 9 940250 EXHIBIT "B" Name of Subdivision: J5h, /n� a-kcias P. 0. 0. Filing: Fire-1- Location: Sna.Gl.(ee�c-- Q....- rler ,, .C(0/nut ( Re4) Li) 6- Art( /`anal, G7 kiroloF tkc6W'Qi Intending to be legally bound, the undersigned Applicant hereby agrees to construct the improvements shown on the final subdivision plat of SA , /al fs-Lo,c≤ PO. O Subdivision, dated , 19 , Recorded on , 19 , in Book , Page No. Reception No. , the following schedule. All improvements shall be completed within / years from the date of approval of the final plat. Construction of the improvements listed in Exhibit "A" shall be completed as follows : (Leave spaces blank where they do not apply. ) Improvements Time for Completion Site grading 2, Lecekc Street base 2. :Jr...krc Street paving I life ink Curbs, gutters, and culverts / /,..y, Sidewalk Storm sewer facilities Retention ponds Ditch improvements .2 ,Je.,, Hs Subsurface drainage Sanitary sewers Trunk and forced lines Mains Laterals (house connected) On-site sewage facilities On-site water supply and storage Water mains J. O , es Fire hydrants a. GI';,5 Survey & street monuments & boxes ev��ks Street lighting Street name signs I s Fencing requirements , is7 . ke Landscaping //),.../os Park improvements Telephone F c Gas C e Ica Electric 3 a>., ks Water Transfer Sub-Total The County, at its option, and upon the request by the Applicant, may grant an extension of time for completion for any particular improvements shown above, upon a showing by the Applicant that the above schedule cannot be met . ( If corporation, to be signed\ by President and attested to by Secretary, together with corporate seal . ) Date: , 19 Revised 10/20/93 aprivata.db 940250 10 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR SHILOH ESTATES P.U.D. ARTICLE I - PREAMBLE Declarant is the owner of that certain real property situate in Weld County, Colorado, described on Exhibit A hereof ( "the Property" ) . The Property has been platted as Shiloh Estates P.U.D. by a Plat ( "the Plat" ) recorded simultaneously with this Declaration. Declarant desires to develop the Property for residential purposes. Declarant deems it desirable to subject the Property to the covenants, conditions, and restrictions set forth in this Declaration in order to preserve the values of the individual lots and to enhance the quality of life for all owners of such lots. The Property shall be a "planned community" under the Colorado Common Interest Ownership Act ( "the Act" ) . The number and type of animals allowed on each lot within the Property shall be limited in accordance with the schedule set forth on Exhibit B hereof, as more fully set forth in Section 3. 11 of this Declaration. Developer shall install a system of carrier ditches such that all lots within the Property will have irrigation water available to them. Developer shall also transfer and assign one ( 1) share of stock in the Larimer-Weld Irrigation Company and one ( 1) share of stock in the Larimer-Weld Reservoir Company, to the Association. All lots within the Property except Lots 7 and 8 shall share in the costs incurred by the Association to pay the assessments for, and provide distribution of, irrigation water to all lots except Lots 7 and 8 . The Association and the owners of Lots 7 and 8 shall cooperate with one another and shall reasonably coordinate their calls for irrigation water. The costs incurred by the Association relative to irrigation water shall be borne by the owners of all lots, except Lots 7 and 8, in the ratio of their respective square footages, as such ratio is set forth on Exhibit C hereof. Declarant therefore declares that all of the Property is and shall be held, transferred, sold, conveyed and occupied subject to the terms, restrictions, limitations, conditions, covenants, obligations, liens, and easements which are set forth in this Declaration, all of which shall run with the Property and shall inure to the benefit of, and be binding upon, all parties having any right, title, or interest in the Property or any portion thereof, and such person's heirs, grantees, legal representatives, successors and assigns . 1 940250 ARTICLE II - DEFINITIONS 2 . 1 General. The words and terms defined in this Article shall have the meanings herein set forth unless the context clearly indicates otherwise. 2 .2 Association shall mean and refer to Shiloh Estates P.U.D. Community Association, a Colorado Non-Profit Corporation, established pursuant to Article VI of this Declaration. 2 . 3 Architectural Review Board shall mean and refer to the Architectural Review Board created pursuant to Article V of this Declaration. 2 .4 Common Facilities shall refer to the trails, the carrier ditches, the horse arena and the adjacent common open space, the entrance area (including a lighted sign and landscaping) , the landscaping and fence along the southerly boundaries of Lots 1 and 2, and the private street within the Property, all located as shown on the Plat, for which legal descriptions are set forth on the Plat. Developer shall install a shed and outdoor arena with seating for approximately fifteen ( 15) persons within the horse arena common area. The owners of lots within the Property may use such area as a horse exercise area and for other purposes, but shall not have any right to board or maintain horses or other animals on such area. Developer shall install a permanent sign for the Property, outdoor lighting, and landscaping within the entrance area. Developer shall initially grade and install the system of trails . Developer shall install landscaping and a fence within the easement area shown on the Plat, in the southerly portions of Lots 1 and 2 . Developer shall install a system of carrier ditches and related works such that all lots within the Property will have irrigation water available to them. The Association shall maintain, repair, and replace the Common Facilities, after each such facility has been installed by the Developer. 2 .5 Developer shall mean Shiloh, Inc . , a Colorado Corporation, its successors and assigns. 2 .6 Detached Single Family Dwelling shall mean an independent structure designed and occupied as a residence for a single family. 2 940250 2 .7 Lot shall mean a lot as platted and designed on the Plat, as the same may be amended from time to time; provided that, if any lot has been divided so that a portion of the lot is owned by a person in conjunction with all or a portion of an adjoining lot and the other portion of the lot is owned by another person separately or in conjunction with all or a part of the other adjoining lot, then the entire property so held under one ownership shall be the lot for the purpose of this Declaration. 2 . 8 Single Family shall mean a group of persons related by blood or marriage living together as a family unit. 2 .9 Subdivision shall mean Shiloh Estates P.U.D. , a Planned Unit Development in Weld County, Colorado. 2 . 10 Other Terms. Other terms may be defined in specific provisions contained in this Declaration and shall have the meaning assigned by each such definition. ARTICLE III - USE AND OTHER RESTRICTIONS 3 . 1 Land Use and Building Types. No lot shall be used except as the site of a detached single family dwelling. Said dwelling may include a private garage having doors accommodating not more than four cars or other vehicles, abreast of one another. All improvements on each lot shall meet the requirements of Article IV, "Architectural Standards " of this Declaration, including, but not limited to, the Guidelines and Rules set forth in Section 4 .2 hereof. 3 .2 Building Locations. No building, fence, barn, corral, paddock, or other permanent structure shall be located on any lot without first obtaining the written consent of the Architectural Review Board, approving the proposed location. 3. 3 Easements. Easements for the installation and maintenance of utilities, trails, landscaping, and drainage facilities are reserved as shown on the Plat, or those that may be recorded at a later date. Within these easements, no structure, planting or other materials shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities, which may change the direction of flow of drainage channels in the easements which hinders or obstructs the use of the trails system, on which adversely affects landscaping installed by the Developer. If any landscaping or structure is installed which violates such requirements, the Association may give the property owner written notice to remove such landscaping or structure within no less than fifteen ( 15) days after such notice is given, and if the owner fails to move the landscaping or structure within that time, the Association may have such work done at the expense of the owner of the lot. If 3 940250 the work is done by the Association at the owner's expense, the owner shall pay for such work within three ( 3) days after notice is given in writing to the owner as to the cost of such work. In the event of failure to pay within that time and if the Association thereafter incurs any attorney's fees and costs in collecting such amount from the owner, all such attorney's fees and costs incurred shall likewise be a debt owing by the owner to the Association. The easement area of each lot and all improvements on it shall be maintained continuously by the owner of the lot, except for those improvements or landscaping for which the Association, a public authority or utility company is responsible. 3 .4 Maintenance of Vacant Lots. The owner of each lot shall plant and maintain grass on it; periodically mow such grass and other vegetation; and remove any trash or other debris. If an owner fails to maintain a vacant lot in accordance with such requirements, the Association shall have the right to plant and maintain grass on it; periodically mow such grass and other vegetation; and remove any trash or other debris . The Association shall establish and charge reasonable fees to the owners of such vacant lots, for such services . Such services shall not be deemed included within those contemplated by Section 6 .8 of this Declaration, but shall instead be deemed a service charge from the Association made solely to the owners of each of such vacant lots. The owner shall be liable for reasonable attorneys ' fees and costs incurred by the Association in collecting such service charge. 3 .5 Maintenance of Landscaping. Within six (6) months after issuance of a Certificate of Occupancy for a residence on each lot, the owner of such lot shall plant at least ten ( 10) trees. Five (5) of such trees must have trunks that are at least three inches (3" ) in diameter, when planted, and at least five (5) of such trees shall be evergreens. Commencing as to each lot when a certificate of occupancy has been issued for a residence on such lot, the landscaping on each lot shall be maintained by the owner, subject however, to the right of the Association to perform any maintenance deemed necessary or desirable to maintain the high standards established for the Subdivision, and to assess such owner for such required maintenance. If any owner fails to maintain landscaping on such owner's lot in accordance with such requirements, the Association may give the property owner written notice to perform necessary maintenance within no less than fifteen ( 15) days after such notice is given, and if the owner fails to perform such maintenance work within that time, the Association may have such work done at the expense of the owner of the lot. If the work is done by the Association at the owner's expense, the owner shall pay for such work within three (3) days after notice is given in writing to the owner as to the cost of such work. If the owner fails to pay within said time and the Association thereafter incurs reasonable attorney's fees and costs 4 940250 in collecting such amount from the owner, all such attorney's fees and costs incurred shall likewise be a debt owing by the owner to the Association. 3. 6 Maintenance of Exteriors of Residences and Other Buildings. The exteriors of all residences, barns, sheds, and other buildings within the Subdivision shall be maintained in good, attractive condition by the owners thereof. All residences shall be repainted or restained periodically as needed. The Association may require an owner to paint or stain his or her residence and other buildings, and upon such owner's failure to do so, the Association may cause such residence or other buildings to be painted or stained and to assess such owner for the costs incurred thereby. If any owner fails to maintain the exterior of a building on such owner's lot in accordance with the foregoing requirements, the Association may give the owner written notice to perform such work within no less than fifteen ( 15) days after such notice is given, and if the owner fails to perform such work within that time, the Association may have such work done at the expense of the owner. If the work is done by the Association at the owner's expense, the owner shall pay for such work within three (3) days after notice is given in writing to the owner as to the cost of such work. If the owner fails to pay within that time and if the Association thereafter incurs reasonable attorney's fees and costs in collecting such amount from the owner, all such attorney's fees and costs incurred shall likewise be a debt owing by the owner to the Association. 3.7 Title to Common Facilities. The Developer may retain legal title to all or part of the Common Facilities until such time as, in the opinion of the Developer, the Association is able to maintain the same. However, the Developer shall convey the Common Facilities to the Association not later than thirty ( 30) days after the date when the Developer is fee simple owner of less than 25% of the land area within the Subdivision, exclusive of the Common Facilities and dedicated streets and easements . In this regard, the Developer shall deed the private street and the horse arena parcel to the Association. The other Common Facilities shall be located within the easement areas shown on the Plat, and the Association shall be deemed the grantee/beneficiary of such easement rights . 3 . 8 Extent of Members' Easements. The rights and easements of enjoyment of the Common Facilities shall be subject to the following: A. The right of the Association, as provided by its Articles or Bylaws, to suspend the enjoyment rights of any member for any period during which any assessment remains unpaid; and for any period not to exceed thirty ( 30) days for any infraction of its published rules and regulations; and 5 940250 B. The right of the Association to dedicate or transfer all or any part of the Common Facilities to any public agency, authority, or utility for such purposes, and subject to such conditions, as it may agree to, provided that no such dedication or transfer, determination as to the purposes or as to the conditions thereof, shall be effective unless an instrument signed by the members entitled to cast two-thirds (2/3ds) of the votes has been filed with the Association, agreeing to such dedication, transfer, purpose or condition, and unless written notice of a proposed agreement and action thereunder is sent to every member at least ninety (90) days in advance of any action; and C. The right of the Association to limit the number of guests of members and the circumstances under which guests may use the Common Facilities . 3. 9 Nuisances. No noxious or offensive activities shall be carried on upon any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. 3 . 10 Temporary Structures. No structure of a temporary character, trailer, basement, tent, storage shed or shelter, garage, barn or other outbuilding shall be permitted on any lot at any time, either temporarily or permanently, except by the Developer during the process of construction, or as approved by the Architectural Review Board. 3. 11 Animals. Except as set forth below in this Section 3 . 11, no animals, livestock, birds, or poultry of any kind shall be raised, bred or kept on any lot, except that three (3) dogs and three (3) cats and other indoor, household pets may be kept if they are not kept, bred, or maintained for any commercial purpose. The Association shall promulgate rules and regulations concerning animals. No animals shall be allowed to remain tied or chained upon the Common Facilities, and any animal so tied or chained may be removed by the Association or its agents . Pets may be walked on the Common Facilities only when attached by a leash to an owner's hand and when the owner carries a device for the immediate removal of its pet's feces. Any pet constituting a nuisance may be ordered by the Association to be kept within the enclosed portion of its owner's lot, or ordered expelled from the Subdivision. Each owner shall be responsible for any damage caused by his or her animals . Aside from dogs, cats, and indoor, household pets, the number of animals allowed on each lot shall be subject to the schedule set forth on Exhibit B hereof. That is, no combination of animals exceeding 3.0 "animal units" as set forth in the table which appears in said Exhibit B shall be allowed on Lot 1, and so on. No fowl, swine, bison, or elk may be kept on any lot within the Subdivision, except Lots 7 and 8 . 6 940250 Owners shall not allow overgrazing of any pasture area on any lot. A pasture area shall not be deemed overgrazed if the vegetation on it averages two inches (2 " ) in height. If a pasture is overgrazed, the Association may require the owner of such pasture to replant it and thereafter control the access to the pasture by such owner's livestock to prevent overgrazing. If an owner fails or neglects to cure an overgrazing problem, the Association shall have the authority to terminate such owner's right to keep livestock on the lot. Each owner who keeps livestock on a lot shall maintain a holding corral for the animals listed on Exhibit B hereof (except fowl) . 3 . 12 Trails. Individuals may walk, jog, or run on the trails and may be accompanied by no more than two dogs per individual, so long as each dog is restrained by a leash attached to the owner's hand and the owner carries a device for the immediate removal of the pet's feces. Bicycles may be operated on the trails . No other vehicle of any kind, whether or not powered by an engine of any nature, shall be allowed on any trail at any time; this prohibition shall include, but shall not be limited to, motorcycles, automobiles, and so on. Such prohibition shall not apply to motorized vehicles used in the maintenance of the trails, ditches, and other Common Facilities . No lot owner shall obstruct any such trail . 3 . 13 Sight Distance at Intersections. No fence, wall, hedge or shrub planting which obstructs site lines at elevations between 2 and 6 feet above the roadway shall be placed or permitted to remain on any corner lot within the triangular area formed by the street property lines and a line connecting them at points 25 feet from the intersection of the street property lines extended. The same sight line limitations shall apply on any lot within 10 feet from the intersection of a street property line within the edge of a driveway pavement. No tree shall be permitted to remain within such distances of such intersections unless the foliage line is maintained at a sufficient height to prevent obstruction of such sight line. 3. 14 Recreational Vehicles. No trailer, motor home, camper unit, boat or similar recreational vehicle shall be parked on streets, driveways, lots, or be allowed to remain anywhere within the Subdivision, except when sheltered within a garage. 3. 15 Aerials-Antennas. No television antenna, radio antenna, aerial or similar equipment of any design shall be mounted on the exterior of any building or erected on any other portion of any lot. No activity shall be conducted on any lot which interferes with television or radio reception on any other lot. 3. 16 Satellite Dishes. Satellite dishes may be installed and maintained if screened from the view of other owners and occupiers of lots . The location and screening method for each satellite dish must be approved in advance by the Architectural Review Board. 7 940250 3. 17 Fencing. No fence shall be erected on any lot within the Subdivision except as approved in advance by the Architectural Review Board. For perimeter fences that border on a street, the fence shall be three (3) rails, white vinyl. No barbed wire fence shall be allowed anywhere within the Subdivision. No privacy fence (higher than six feet in height) shall be allowed within an area defined by extending the front building line of the residence, to each side boundary of the lot, then forward to the front boundary of the lot. Perimeter fences shall be of a type approved in advance by the Architectural Review Board from time to time and shall be painted a color approved in advance by the Architectural Review Board from time to time. Privacy and other fences shall not exceed six feet in height and shall be of a solid fence design (different from that of perimeter fences) approved from time to time by the Architectural Review Board. 3 . 18 Wind or Solar-Powered Generators. No wind-powered or solar-powered generator or pump may be installed on any lot, unless its location and design is approved in advance by the Architectural Review Board. 3. 19 Unsightly Uses. All lots shall at all times be maintained in a clean and sanitary condition, and no litter or debris shall be deposited or allowed to accumulate on any lot. All landscaping, including grass, shall be irrigated, trimmed and maintained in good condition at all times. Refuse piles and other unsightly objects or materials shall not be allowed to be placed or to remain upon any lot. Trash containers shall be placed on the curb and returned from the curb only on pickup days. Nothing unsightly shall be hung from windows, railings, or fences. No clothesline or other device for hanging clothes in the open air shall be allowed on any lot. 3 .20 Trash Removal. All residents within the Subdivision shall have their trash picked up by the same trash-hauling company, on the same day of the week. At each annual meeting of the Association, the Association shall pick the trash-hauling company and the day of the week for the upcoming year. Nothing in this Section 3 .20 shall prohibit a resident within the Subdivision from hauling trash or debris for himself or herself. Each resident within the Subdivision shall be separately liable for the trash-hauling charges attributable to his or her lot. 3 .21 Mineral Exploration. No property within Shiloh Estates P.U.D. shall be used to explore for or to remove any oil, gas, gravel, or minerals of any sort. 8 940250 3 .22 Home Occupations. The conduct of a home occupation within a residence in Shiloh Estates P.U.D. shall be considered accessory to the residential use and not a violation of these Covenants provided that the following requirements are met: 3.22 . 1 Such home occupation shall be conducted only within the interior of the dwelling and shall not occupy more than twenty-five percent (25%) of the floor area within the dwelling. 3.22 . 2 The home occupation shall be conducted only by the residents of the dwelling, and no nonresidents shall be employed in conjunction with the home occupation carried on in the dwelling. 3.22 . 3 No retail sales shall be conducted on the lot. 3 .22 .4 The conduct of such home occupation must be of a type permitted under the zoning ordinance of the City of Fort Collins . 3 .22 .5 No evidence of a home occupation shall be visible from outside the dwelling unit. 3 .22 .6 The use by Developer of Developer's home within the Subdivision as a showhome, whether in connection with Developer's development activities within the Subdivision, or elsewhere, shall not be deemed a home occupation hereunder and shall be allowed. 3 .23 Disabled Vehicles. Disabled automobiles shall not be stored on streets, driveways, or lots within the Subdivision. No person shall repair or rebuild any vehicle within the Subdivision, except within a garage. Cars allowed on the streets and driveways in the Subdivision must at all times be operable, currently licensed, and maintain a current inspection sticker (if such inspection is required by a governmental entity) . 3.24 Restrictions on Leasing of Residences. An owner may lease his residence subject only to the following restrictions: A. No lot owner may lease less than the entire residence. B. Any lease agreement shall be required to provide that the terms of this lease shall be subject in all respects to the provisions of this Declaration, and the Bylaws of the Association, and that any failure by the lessee to comply with the terms of such documents shall be a default under the lease. C. All leases shall be in writing and for a term not less than thirty (30) days. 9 910250 3 .25 Trees and Ground Cover. No living tree, shrub or bush may be removed except pursuant to a landscaping plan approved by the Architectural Review Board or otherwise with the approval of said Architectural Review Board. Said prohibition extends to naturally existing trees, shrubs and bushes and to trees, shrubs and bushes planted by owners. No grading or other soil or earthwork shall be performed on a lot until plans for placing improvements on such lot have been properly approved by the Architectural Review Board, and then only to the extent contemplated by such approved plan. After completion of each set of improvements on a lot, the ground shall be restored, as nearly as possible, to its original contours and appearance. Contour changes of more than one foot from existing grades shall require the approval of the Architectural Review Board. The natural groundcover of a lot shall not be disturbed unless approved by the Architectural Review Board. 3 .26 Hazardous Materials. Storage, use or disposal of hazardous or radioactive materials within the Property is prohibited, unless specifically approved in advance by the Architectural Review Board. 3 .27 Solar Devices. The utilization of passive or active solar energy devices is encouraged. However, all solar devices must either be architecturally and aesthetically integrated into the structure they serve or be screened from the view of the street and adjacent lots and streets. All solar devices, and their placement, must be approved by the Architectural Review Board. 3 .28 Commencing and Finishing Construction. Once construction of any structure is commenced on any lot, with the prior approval of the Architectural Review Board, such structure must be diligently continued and completed in accordance with the plans and specifications approved by the Architectural Review Board, within six months of commencement, or such longer time as the Architectural Review Board has reasonably consented to, in light of the nature of the project or other factors . Commencement of construction shall be deemed to commence with the first substantial construction activity (including earth work) . 3.29 Rebuilding. Any structure which is destroyed in whole or in part by fire, windstorm or from any other cause or act of God must be rebuilt, or all debris must be removed and the lot restored to a sightly condition, within six months of the time the damage occurs. 3.30 No Trucks or the Like. No trucks; trail bikes; recreational vehicles; snowmobiles; campers; trailers; boats; boat trailers; vehicles other than passenger vehicles or pickup or utility trucks with a capacity of one ton or less; shall be parked, stored or otherwise kept on any lot or street within the Property, unless kept in a closed garage. No skimobile, 10 940250 snowmobile, or other recreational vehicle powered by an internal combustion engine may be operated within the Property except for purposes of ingress and egress. The foregoing restrictions shall not be deemed to prohibit commercial and construction vehicles from making deliveries or otherwise providing services to the lots, in the ordinary course of their business . 3 .31 Outside Lighting. No exterior lighting shall be installed or maintained on any lot except as approved by the Architectural Review Board. 3 . 32 No Subdivision. No lot shall be subdivided or utilized for more than one detached single family dwelling (with associated outbuildings and structures) without the prior approval of the Architectural Review Board. Boundary adjustments between neighboring lots shall be allowed, subject to the reasonable approval of the Architectural Review Board so long as the total number of lots within the Subdivision is not thereby increased. 3 .33 Sales Offices, Management Offices, and Models. Develop- er reserves the right to maintain sales offices, management offices, and models in the Subdivision. Developer shall promptly remove every such sales or management office from the Subdivision, at such time as Developer ceases to own any lots in the Subdivision. Developer and residential builders to whom Developer has sold lots may construct and maintain model residences within the Subdivision. Such model residences shall not exceed five at any point in time, and no such model residence shall exceed 10,000 square feet in finished space. Such sales offices, management offices, and model residences may be located on any lot or lots within the Subdivision, and their location may be changed from time to time to other lots within the Subdivision. Developer may maintain advertising signs on the Common Facilities within the Subdivision, subject to state laws and local ordinances. 3. 34 Entranceways. The owner of each lot shall install a concrete or asphalt apron at least twenty (20) feet in length, at the entrance to such owner's lot. Such entranceway shall include a culvert at least eighteen inches ( 18" ) in diameter. 3.35 Ditches. Developer shall install a system of carrier ditches such that all lots within the Property will have irrigation water available to them. All lots within the Property except Lots 7 and 8 shall share in the costs incurred by the Association to pay the assessments for, and provide distribution of, irrigation water to all lots except Lots 7 and 8 . The owners of Lots 7 and 8 shall be separately responsible for obtaining irrigation water for their lots, and the Association shall have no responsibility therefor. The Association and the owners of Lots 7 and 8 shall reasonably coordinate their calls for irrigation water. The owners of Lots 7 and 8 shall be solely responsible for maintaining, repairing, and replacing the carrier ditches on their respective lots, and the Association shall have no liability 11 94O50 therefor. The costs incurred by the Association relative to irrigation water and the maintenance of the carrier ditch system shall be borne by the owners of all lots, except Lots 7 and 8, in the ratio of their respective footages, as such ratio is set forth on Exhibit C hereof. The Association shall be solely responsible for the repair, maintenance, alteration, enlargement, replacement, or improvement of the carrier ditch system. PROVIDED, HOWEVER, that the costs of purchasing, installing, operating, repairing, and the like of any pumps, power sources, hoses, holding boxes, pipelines, or related equipment to provide the distribution of irrigation water from the carrier ditch onto each lot shall be the sole responsibility of the owner of each such lot. The Association's Board of Directors or any agents appointed by it shall determine the schedule for the Association's calling upon its water supply, and for the availability of irrigation water to each lot. The Association shall indemnify the Developer against, and hold it harmless from, any liability whatever for any personal injury or property damage claim relating to the condition of said irrigation system, arising from any circumstance or incident occurring after the system is installed and ownership transferred to the Association. Lot owners shall retain the right to rent or purchase additional water (above that supplied by the Association) , in their own name, and the Association shall cooperate with each such owner of additional water in scheduling the calls of water and in allowing such owners to use the carrier ditch system to receive such additional water. The Association's Board of Directors shall have the right to make reasonable rules and regulations from time to time regarding the use of water and of the irrigation system, which rules and regulation shall be binding upon the owners forthwith after notice to them of their adoption. The Association shall have the right to recover damages and/or reasonable penalties from lot owners who waste the supply of water or otherwise exceed their water allotment, to the detriment of the Association and other owners within the Subdivision. The Association may refuse to allow water to be supplied to any lot owner who is six (6) months or more delinquent in the payment of assessments to the Association, or who repeatedly and flagrantly wastes water. Each lot within the Subdivision shall be subject to the rights of the Developer and the Association to enter upon such lot, with such agents and equipment as may be necessary or desirable for the purposes of installing, maintaining, repairing, altering, enlarging, replacing, inspecting, or improving such irrigation system. Any owner who installs any pump, power source, hose, holding box, pipeline, or related equipment shall have no right whatever to affect adversely the flow of water and convenient use of the irrigation system for any other lot within the Subdivision. The provisions of this Section 3.35 may be enforced by any affected lot owner(s) and/or the Association. 12 94025'0 ARTICLE IV - ARCHITECTURAL STANDARDS 4 . 1 Restrictions. No building, barn, corral, shed, storage structure, awning, fence or any other structure shall be erected, placed or altered on any lot, nor shall there be any external modifications to any such structure, until the plans and landscaping specifications showing the nature, kind, shape, height, materials and location of the same have been submitted to and approved in advance by the Architectural Review Board in writing. No landscaping shall be installed on any lot, or altered thereafter, unless a landscaping plan showing the nature, type, height, and location of the proposed landscaping improvements has been submitted to and approved in advance by the Architectural Review Board, in writing. Without limiting the generality of the foregoing, prior approval of the Architectural Review Board must be obtained for any of the following: (i) attachments to the exterior of a structure, (ii) installation of greenhouses, (iii) installation of patio covers, landscaping, screening, trellises and the like, (iv) change in exterior paint colors, (v) installation of any barn, corral, shed, or storage building and (vi) any other exterior change, including cosmetic changes such as garage doors, shutters and the like. The authority of the Architectural Review Board shall extend to the quality, workmanship and materials for any structure proposed; conformity and harmony of exterior design and finish with existing structures within the Subdivision; location of all structures with respect to the existing buildings, topography and finished ground elevation; and all other matters required to assure that such structures enhance the quality of the Subdivision and are erected in accordance with the plan for the Subdivision. No metal buildings shall be permitted unless the Architectural Review Board approves . 4 .2 Guidelines and Rules. The Architectural Review Board shall adopt Guidelines and Rules governing the type of structures to be permitted in the Subdivision, permitted construction materials and the like. These Guidelines and Rules are made for the purpose of creating and keeping the Subdivision, so far as possible, desirable, attractive, beneficial, uniform, and suitable in architectural design, materials, and appearance; limiting the use of lots to single family residential buildings; guarding against unnecessary interference with the natural beauty of the Subdivision; and prohibiting improper uses of adjoining properties in the Subdivision, all for the mutual benefits and protection of all owners. 4 . 3 Size. The dwelling space of the home, exclusive of the garage, shall contain a minimum of 2,000 square feet of finished living space. No building shall exceed 40 feet in height, and no building shall exceed two stories and loft as viewed from the street side. One lower level is allowed and may be exposed to daylight provided it does not face the street. Earth sheltered homes shall not be permitted. All dwellings must be constructed on site. 13 940250 4.4 Garages and Parking. Each residence shall include an attached garage having space for not less than two automobiles. An additional garage may be constructed if approved by the Architectural Review Board. Each lot must have provision for off- street parking for at least two automobiles, exclusive of garage space, and said off-street parking shall be provided in such a manner as to not block or impair garage access to and from the street. 4 .5 Materials and Workmanship. All improvements shall be constructed of good and suitable materials, and all workmanship shall result in first class construction and shall be accomplished in a good and workmanlike manner. All dwellings shall include cedar shake, tile, copper or other decorative roof, which shall be subject to the approval of the Architectural Review Board. 4 . 6 Accessory Buildings. Barns, as well as small sheds for storage of lawn furniture, yard equipment, gardening equipment, and similar type items, which are well constructed and neat of appearance, shall be permitted, providing the size, design, and location of said structure shall be subject to prior approval by the Architectural Control Committee. 4 .7 Setbacks. Each single family detached dwelling shall be located no closer than 60 feet to the front of the lot; 60 feet to the back of the lot, and 30 feet to the boundary of the nearest adjacent lot. ARTICLE V - ARCHITECTURAL REVIEW BOARD 5. 1 Establishment and Membership of Architectural Review Board. An Architectural Review Board has been established by Developer. The Architectural Review Board shall continue until such time as the Association may be dissolved. The Architectural Review Board shall initially consist of three (3) members, being James H. Scott, Jr. , Cheri Scott, and W.V. Maddux. Until all lots within the Subdivision have been sold by the Developer, or December 31, 2002, whichever date occurs first, the Developer shall appoint the Architectural Review Board, including replacement members for any person who retires, resigns, or otherwise becomes unavailable for service as a member or alternate member of the Architectural Review Board. The Association shall name the members of the Architectural Review Board, once the Developer's exclusive right to do so ceases. Members of the Architectural Review Board appointed by Developer may be removed at any time by Developer and shall serve until they resign or are removed by Developer. Members of the Architectural Review Board appointed by the Association may be removed at any time by the Association, and shall serve for such term as may be designated by the Association or until they resign or are removed by the Association. 14 940250 5 .2 Professional Builder. The owner of each lot shall retain a qualified, professional contractor to construct the residence and all significant improvements on such owner's lot. 5 .3 Address of Architectural Review Board. The address of the Architectural Review Board shall be at the principal office of the Association. 5 .4 Submission of Plans. Prior to commencement of work to accomplish any proposed improvement to property, the person proposing to make such improvement to property ( "Applicant" ) shall submit to the Architectural Review Board at its offices such descriptions, surveys, plot plans, drainage plans, elevation drawings, landscaping plans, construction plans, specifications and samples of materials and colors as the Architectural Review Board shall reasonably request showing the nature, kind, shape, height, width, color, materials, and location of the proposed improvement to property. The Applicant shall be entitled to receive a receipt for the same from the Architectural Review Board or its authorized agent. The Architectural Review Board may require submission of additional plans, specifications or other information prior to approving or disapproving the proposed improvement to property. Until receipt by the Architectural Review Board of all required materials in connection with the proposed improvement to property, the Architectural Review Board may postpone review of any materials submitted for approval. 5 .5 Criteria for Approval. The Architectural Review Board shall approve any proposed improvement to property only if it deems in its reasonable discretion that the improvement to property in the location indicated will not be detrimental to the appearance of the surrounding areas of the development as a whole; that the appearance of the proposed improvement to property will be in harmony with the surrounding areas of the development area; that the improvement to property will not detract from the beauty, wholesomeness and attractiveness of the development area or the enjoyment thereof by Owners; and that the upkeep and maintenance of the proposed improvement to property will not become a burden on the Community Association. The Architectural Review Board may condition its approval of any proposed improvement to property upon the making of such changes therein as the Architectural Review Board may deem appropriate. 5 .6 Architectural Review Board Guidelines or Rules. The Architectural Review Board shall issue guidelines or rules relating to the procedures, materials to be submitted and additional factors which will be taken into consideration in connection with the approval of any proposed improvement to property. 5.7 Architectural Review Fees. The Architectural Review Board may, in its guidelines or rules, provide for payment of fees to accompany each request for approval of any proposed improvement 15 940250 to property. The Architectural Review Board may provide that the amount of such fees shall be uniform for similar types of any proposed improvement to property, or the fees may be determined in any other reasonable manner, such as based upon the reasonable cost of the proposed improvement to property. 5.8 Decision of Architectural Review Board. The decision of the Architectural Review Board shall be made within thirty (30) days after receipt by the Architectural Review Board of all materials required by the Architectural Review Board. The decision shall be in writing and, if the decision is not to approve a proposed improvement to property, the reason therefor shall be stated. The decision of the Architectural Review Board shall be promptly transmitted to the Applicant at the address furnished by the Applicant to the Architectural Review Board. 5 .9 Failure of Architectural Review Board to Act on Plans. Any request for approval of a proposed improvement to property shall be deemed approved as proposed, unless disapproval or a request for additional information or materials is transmitted to the applicant by the Architectural Review Board within thirty (30) days after the date of receipt by the Architectural Review Board of all required materials . 5 . 10 Notice of Completion. Promptly upon completion of the improvement to property, the applicant shall give written notice of completion to the Architectural Review Board and, for all purposes hereunder, the date of receipt of such notice of completion by the Architectural Review Board shall be deemed to be the date of completion of such improvement to property. 5 . 11 Inspection of Work. The Architectural Review Board or its duly authorized representative shall have the right to inspect any improvement to property prior to or after completion, provided that the right of inspection shall terminate thirty (30) days after the Architectural Review Board shall have received a notice of completion from the applicant. 5. 12 Notice of Noncompliance. If, as a result of inspections or otherwise, the Architectural Review Board finds that any improvement to property has been done without obtaining the approval of the Architectural Review Board or was not done in substantial compliance with the description and materials furnished by the Applicant to the Architectural Review Board or was not completed within one year after the date of approval by the Architectural Review Board, the Architectural Review Board shall notify the applicant in writing of the noncompliance which notice shall be given, in any event, within thirty (30) days after the Architectural Review Board receives a notice of completion from the applicant. The notice shall specify the particulars of the noncompliance and shall require the applicant to take such action as may be necessary to remedy the noncompliance. 16 940250 5 . 13 Failure of Architectural Review Board to Act After Completion. If, for any reason other than the applicant's act or neglect, the Architectural Review Board fails to notify the applicant of any noncompliance within thirty ( 30) days after receipt by the Architectural Review Board of written notice of completion from the applicant, the improvement to property shall be deemed in compliance if the improvement to property was, in fact, completed as of the date of notice of completion. 5. 14 Correction of Noncompliance. If the Architectural Review Board determines that a noncompliance exists, the applicant shall remedy or remove the same within a period of not more than forty-five (45) days from the date of receipt by the applicant of the ruling of the Architectural Review Board. If the applicant does not comply with the Architectural Review Board's ruling within such period, the matter may be referred to the Association, and the Association may, in its discretion, record a notice of noncompliance against the real property on which the noncompliance exists, may institute judicial proceedings to allow it to remove the noncomplying improvement, or may otherwise remedy the noncompliance, and the applicant shall reimburse the Association, upon demand, for all expenses incurred therewith. If such expenses are not promptly repaid by the applicant or owner to the Association, the Association may levy a reimbursement assessment against the owner for such costs and expenses. The right of the Association to remedy or remove any noncompliance shall be in addition to all other rights and remedies which the Association may have at law, in equity, or under this Declaration. 5. 15 No Implied Waiver or Estoppel. No action or failure to act by the Architectural Review Board or by the Association shall constitute a waiver or estoppel with respect to future action by the Architectural Review Board or the Association with respect to any improvement to property. Specifically, the approval by the Architectural Review Board of any improvement to property shall not constitute approval of, or obligate the Architectural Review Board to approve, any similar proposals, plans, specifications or other materials submitted with respect to any other proposed improvement. 5. 16 Architectural Review Board Power to Grant Variances. The Architectural Review Board may authorize variances from compliance with any of the provisions of this Declaration or any Supplemental Declaration, including restrictions upon height, size, floor area or placement of structures or similar restrictions, when circumstances such as topography, natural obstructions, hardship, aesthetic or environmental considerations may require. Such variances must be evidenced in writing and shall become effective when signed by at least a majority of the members of the Architectural Review Board. If any such variance is granted, no violation of the provisions of this Declaration or any Supplemental Declaration shall be deemed to have occurred with respect to the matter for which the variance was granted; 17 94025( provided, however, that the granting of a variance shall not operate to waive any of the provisions of this Declaration or any Supplemental Declaration for any purpose except as to the particular property and particular provision hereof covered by the variance, nor shall the granting of a variance affect in any way the owner's obligation to comply with all governmental laws and regulations affecting the Property concerned, including, but not limited to, zoning ordinances and setback lines or requirements imposed by any governmental authority having jurisdiction. 5 . 17 Compensation of Members. Members of the Architectural Review Board shall receive no compensation for services rendered, except for its professional members, who shall be reasonably compensated for their services. All members shall receive reimbursement of out of pocket expenses incurred by them in the performance of their duties hereunder. 5 . 18 Meetings of Architectural Review Board. The Architectural Review Board shall meet from time to time as necessary to perform its duties hereunder. The Architectural Review Board may, from time to time, by resolution in writing adopted by a majority of the members, designate a Architectural Review Board Representative (who may, but need not, be one of its members) to take any action or perform any duties for or on behalf of the Architectural Review Board, except the granting of approval to any improvement to property and granting of variances. The action of such Architectural Review Board Representative within the authority of such Architectural Review Board Representative or the written consent or the vote of a majority of the members of the Architectural Review Board shall constitute action of the Architectural Review Board. 5. 19 Records of Actions . The Architectural Review Board shall report in writing to the Association's Board of Directors all final actions of the Architectural Review Board and the Architectural Review Board shall keep a permanent record of such reported actions. 5 .20 Estoppel Certificates. The Association shall, upon the reasonable request of any interested party and after confirming any necessary facts with the Architectural Review Board, furnish a certificate with respect to the approval or disapproval of any improvement to property or with respect to whether any improvement to property was made in compliance herewith. Any person without actual notice to the contrary shall be entitled to rely on said certificate with respect to all matters set forth therein. 5.21 Nonliability for Architectural Review Board Action. None of the Architectural Review Board, any member of the Architectural Review Board, any Architectural Review Board Representative, the Association, any member of the Association's Board of Directors or Developer shall be liable for any loss, damage or injury arising out of or in any way connected with the 18 +An) performance of the duties of the Architectural Review Board unless due to the willful misconduct or bad faith of the party to be held liable. In reviewing any matter, the Architectural Review Board shall not be responsible for reviewing, nor shall its approval of, an improvement to property be deemed approval of the improvement to property from the standpoint of safety, whether structural or otherwise, or conformance with building codes or other governmental laws or regulations . ARTICLE VI - THE ASSOCIATION 6 . 1 Articles of Incorporation and Bylaws. The interests of all lot owners shall be governed and administered by the Articles of Incorporation and Bylaws of the Shiloh Estates P.U.D. Community Association and by this Declaration. In the event of a conflict between the provisions of this Declaration and the Articles of Incorporation or the Bylaws of the Association, the terms of this Declaration shall be controlling. 6 .2 Membership. Each owner of a lot, upon becoming an owner, shall be a member of the Association and shall remain a member for the period of his ownership. 6 . 3 Examination of Books by First Mortgagee. The holder of any recorded first mortgage or deed of trust on a lot in the Subdivision will, upon request, be entitled to: (a) inspect the books and records of the Association during normal business hours; and (b) receive an annual financial statement of the Association within ninety (90) days following the end of each fiscal year of the Association; and (c) written notice of all meetings of the Association and shall be permitted to designate a representative to attend all such meetings . 6 .4 Powers. The Association shall be granted all of the powers necessary to govern, manage, maintain, repair, administer and regulate the Common Facilities and to perform all of the duties required of it. Notwithstanding the above, unless at least seventy-five percent (75%) of the first mortgagees of lots (based upon one vote for each first mortgage owned or held) have given their prior, written approval, the Association shall not be empowered or entitled to: (a) by act or omission, seek to abandon or terminate the Declaration. (b) by act or omission, seek to abandon, partition, subdivide, encumber, sell or transfer the Common Facilities . 19 940250 (c) use hazard insurance proceeds for loss to the Common Facilities improvements for other than repair, replacement or reconstruction of such improvements. 6 .5 Common Facilities Maintenance and Operation. The maintenance and operation of the Common Facilities shall be the responsibility and the expense of the Association, and the costs therefor shall be a common expense of all the lot owners. PROVIDED, HOWEVER, that all expenses incurred by the Association to own, operate, manage, maintain, repair, and replace the water rights and the system of irrigation carrier ditches which serves all lots except Lots 7 and 8 shall be allocated among the owners of all lots except Lots 7 and 8, in the ratio of their respective square footages, as set forth on Exhibit C hereof. Such expenses shall not be deemed common expenses. The foregoing formula for allocation of such expenses takes into account the disproportionate benefit received by owners of larger lots, as compared to smaller lots, from the water rights and irrigation ditches. Developer shall initially install the system of irrigation ditches; thereafter, the costs of maintaining, repairing, and replacing such system shall be borne by the Association. The owners of Lots 7 and 8 shall not share in such expenses, and the Association shall not provide Lots 7 and 8 with any irrigation water nor shall it maintain, replace or repair irrigation ditches on Lots 7 and 8. The Association shall, however, cooperate with the owners of Lots 7 and 8 to coordinate the delivery of irrigation water to Lots 7 and 8, and the Association shall reasonably cooperate with the owners of Lots 7 and 8 to maintain the connection of Lots 7 and 8 to the balance of the irrigation ditch system. 6 . 6 Common Facilities Additions, Alterations, or Improvements - Limitations. There shall be no additions, alterations, or improvements of or to the Common Facilities by the Association requiring an assessment in excess of One Hundred Dollars ( $100) per lot in any one calendar year without the prior, written approval of a majority of the members of the Association voting in accordance with the quorum and voting provisions of the Bylaws of the Association, at a special or regular meeting of the Association members . Such expenditure(s) shall be a common expense. PROVIDED, HOWEVER, that expenditures relative to the irrigation system shall not be included in determining such limitation on assessments. 6 .7 Formula for Determining Assessments. Declarant shall pay all common expenses through December 31, 1994 . Commencing for calendar year 1995 and subsequent years, assessments shall be made no less frequently than annually and shall be based upon a budget adopted no less frequently than annually by the Association. Except for expenses relating to the irrigation system, which shall be allocated as set forth in Section 6 .5, above, the assessments shall be apportioned equally among all lots within the Subdivision. The owners of each lot on which a Certificate of 20 940250 Occupancy has been issued for a residence by October 1 of such preceding year shall pay assessments that are double the assessments for lots on which no such completed residence exists as of said date. If an annual assessment is not made as required, an assessment shall be presumed to have been made in the amount of the last prior assessment. 6 .8 Based Upon Budget. Assessments shall be based upon the budget which shall be established by the Board of Directors at least annually, which budget shall be based upon the cash requirements deemed to be such aggregate sum as the Board of Directors of the Association shall from time to time determine is to be paid by all of the lot owners to provide for the payment of all expenses growing out of or connected with the maintenance, repair, operation, additions, alterations and improvements of and to the Common Facilities, which sum may include, but not be limited to, expenses of management; taxes and special assessments unless separately assessed; premiums for insurance, landscaping and care of grounds; common lighting and heating; repairs and renovations; wages; common water and sewer charges; legal and accounting fees; management fees; expenses and liabilities incurred by the Association or any of its agents or employees on behalf of the lot owners under or by reason of this Declaration and the Articles of Incorporation and Bylaws of the Association; for any deficit remaining from a previous period; for the creation of reasonable contingency reserve, working capital and sinking funds as well as other costs and expenses relating to the Common Facilities; and for maintaining a reserve fund for replacement of Common Facilities, which shall be funded by regular monthly payments rather than special assessments . The Association shall comply with the requirements of Section 38-33 . 3-303(4) of the Colorado Common Interest Ownership Act, relative to the proposal and adoption of such budget. 6 .9 Assessments For Other Charges. The Association shall have the right to charge lot owners for special services provided by the Association to such owner including, but not limited to, those matters set forth in Sections 3.4, 3.5, and 3.6 of this Declaration. That is, such services shall be deemed to have been provided for the exclusive benefit of such lot owners under Section 38-33. 3-315(3) (b) of the Act. The Association shall also have the right to charge a lot owner for any common expense caused by the misconduct of such lot owner, in which event such expense may be assessed exclusively against such owner. The Association shall have the right to impose a lien for any such special service charges or charges due to misconduct that are not paid when due; said lien shall include court costs and reasonable attorneys' fees incurred by the Association in collecting said charges. 6 . 10 No Other Common Facility Liens. No additional liens, other than mechanics liens, assessment liens or tax liens, may be obtained against the Common Facilities, and no other assessments, debts or other obligations are assumed by lot owners, other than as set forth herein. 21 940250 6 . 11 Assessments. The amount of the common expenses and special service and misconduct charges assessed against each lot shall be the personal and individual debt of the owner thereof. No owner may exempt himself from liability for contribution towards the common expenses by waiver of the use or enjoyment of any of the Common Facilities or by abandonment of his lot. An owner's loss of a lot by foreclosure or by proceedings in lieu of foreclosure shall not cancel or terminate such owner's liability for assessments and changes accrued prior to the date hereof. The Association shall have the authority to take prompt action to collect any unpaid assessment or special service charge which remains unpaid for more than thirty (30) days from the due date for payment thereof. In the event of default in the payment of a special service charge or assessment, the lot owner shall be obligated to pay interest at the rate of eighteen percent ( 18%) per annum on the amount of the assessment from due date thereof, together with all expenses, including attorneys ' fees, incurred together with such late charges as are provided by the Bylaws or Rules of the Association. Suit to recover a money judgment for unpaid special service charges or assessments shall be maintainable without foreclosing the lien described in Section 6 . 13 below and such suit shall not be or construed to be a waiver of lien. 6 . 12 Notice of Lien. All sums assessed but unpaid for the share of common expenses chargeable to any lot and all sums for special services provided by the Association and charges due to misconduct that are not paid when due shall constitute the basis for a lien on such lot superior to all other liens and encumbrances, except only for tax and special assessment liens on the lot in favor of any governmental assessing entity, and all sums unpaid on a first mortgage or first deed of trust of record, including all unpaid obligatory sums as may be provided by such encumbrances . To evidence such lien, the Association shall prepare a written notice of lien assessment setting forth the amount of such unpaid indebtedness, the amount of the accrued interest and late charges thereon, the name of the owner of the lot and a description of the lot. Such notice of lien shall be signed by one of the officers of the Association on behalf of the Association and shall be recorded in the office of the County Clerk and Recorder of Weld County, Colorado. Such lien shall attach and be effective from the due date of the assessment until all sums, with interest and other charges thereon, shall have been paid in full. 6 . 13 Enforcement of Lien. Such lien may be enforced by the foreclosure of the defaulting owner's lot by the Association in like manner as a mortgage on real property upon the recording of the above notice of lien. In any such proceedings, the owner shall be required to pay the costs, expenses and attorneys ' fees incurred for filing the lien, and in the event of foreclosure proceedings, all additional costs, all expenses and reasonably attorneys' fees incurred. The owner of the lot being foreclosed 22 940250 shall be required to pay to the Association any assessment or special service charge whose payment becomes due for the lot during the period of foreclosure, and the Association shall be entitled to a receiver during foreclosure. The Association shall have the power to bid on the lot at foreclosure or other legal sale and to acquire and hold, lease, mortgage, vote the votes appurtenant to, convey or otherwise deal with the same upon acquiring title to such lot. 6 . 14 Report of Default. The Association, upon request, shall report in writing to a first mortgagee of a lot any default in the performance by any lot mortgagor of any obligation under the Declaration which is not cured within sixty (60) days. 6 . 15 Release of Lien. The recorded lien may be released by recording a Release of Lien signed by an officer of the Association on behalf of the Association. 6 . 16 Lien Subordinate to First Mortgage - Limitations. The lien for special service charges and assessments provided for herein shall be subordinate to the lien of any first mortgage or deed of trust now hereafter placed upon the lot subject to assessment; PROVIDED, HOWEVER, that such subordination shall apply only to the assessments which have become due and payable prior to a sale or transfer of such lot pursuant to a decree of foreclosure, or any other proceeding in lieu of foreclosure. Such sale or transfer shall cause such lot and grantee thereunder to be relieved of liability for such prior assessments but shall not relieve such lot or grantee from liability from any assessments thereafter becoming due, nor from the lien of any such subsequent assessment. 6 . 17 First Mortgage Foreclosure. Notwithstanding any of the terms or provisions of this Declaration, in the event of any default on the part of an owner under any first mortgage or first deed of trust which entitles the holder thereof to foreclose the same, any sale under such foreclosure, including the delivery of a deed in lieu to such first mortgagee, shall be made free and clear of all then due and owing assessments . No first mortgagee shall be liable for any unpaid common expense assessments accruing prior to the time such mortgagee receives a deed to a lot. 6 . 18 Joint Liability Upon Transfer. Upon payment to the Association of a reasonable fee not to exceed Twenty-Five Dollars ($25) , and upon the written request of any owner or any mortgagee or prospective owner of a lot, the Association shall issue a written statement setting forth the amount of the unpaid common expenses, if any, with respect to the subject lot, the amount of the current monthly assessment and the date that such assessments becomes due, credit for any advanced payments of common assessments, for prepaid items, such as prepaid items, such as insurance premiums, but not including accumulated amounts for reserves or sinking funds, if any, which statements shall be 23 940250 conclusive upon the Association in favor of all persons who rely thereon in good faith. Unless such request for a statements of indebtedness shall be complied with within twenty (20) days, all unpaid common expenses which become due prior to the date of making such requests shall be subordinate to the rights of the person requesting such statement and in the case of a grantee of such lot, the grantee shall not be liable for, nor shall the lot conveyed be subject to a lien for any unpaid assessments against said lot. The provisions set forth in this Section 6 . 18 shall not apply to the initial sales and conveyances of the lots made by Declarant, and such sales shall be free from all common expenses to the date of conveyance. 6 . 19 Mortgages - Priority. Each owner shall have the right from time to time to mortgage or encumber his interest by deed of trust, mortgage or other security instrument. A first mortgage shall be one which has first and paramount priority under applicable law. The owner of a lot may create junior mortgages, liens or encumbrances on the following conditions: ( 1) that any such junior mortgages shall always be subordinate to all of the terms, conditions, covenants, restrictions, uses, limitations, obligations, lien for unpaid assessments, and other obligations created by this Declaration, the Articles of Incorporation and the Bylaws of the Association; (2) that the mortgagee under any junior mortgage shall release, for the purpose of restoration of any improvements upon the mortgages premises, all of his right, title and interest in and to the proceeds under all insurable policies upon said premises held by the Association. Such release shall be furnished forthwith by a junior mortgagee upon written request of the Association, and if such request is not granted, such release may be executed by the Association as an attorney-in-fact for such junior mortgage. 6 .20 Professional Management. Professional management is anticipated for the project, and any agreement which may be entered into with regard to professional management or any other contract for providing of services by Declarant or Developer shall be for a term of not more than one (1) year and shall be terminable on thirty (30) days ' written notice, without cause and without payment of a termination fee. ARTICLE VII - GENERAL PROVISIONS 7 . 1 Duration. Subject to the provisions of Section 7 .3 of this Article, this Declaration shall remain in full force and effect, shall run with the land and shall be binding on all persons having any interest in any lot in the Subdivision for a period of twenty (20) years from the date this Declaration is recorded and thereafter shall be automatically extended for successive periods of ten ( 10) years unless an instrument signed by a majority of the then-owners of lots in the Subdivision has been recorded agreeing to change or terminate the Declaration in whole or in part. 24 940250 7 .2 Amendments. This Declaration, or any portion thereof, may be amended or revoked at any time by an instrument in writing signed by the owners of at least seventy-five percent ( 75%) of the lots in the Subdivision and one hundred percent ( 100%) of the holders of recorded first mortgages or deeds of trust. Any amendment shall be effective only upon the recordation of the written amendment or ratification thereof containing the necessary signatures of lot owners and encumbrance holders . No amendment to this Declaration may be made which conflicts with any of the laws of the State of Colorado, or ordinances of the City of Fort Collins . No amendment shall affect any rights of Declarant unless approved in advance by and consented to by Declarant in writing. 7 .3 Severability. Any provision of this Declaration invalidated in any manner whatsoever shall not be deemed to impair or affect in any manner the validity, enforcement or effect of the remainder of this Declaration and, in such event, all of the other provisions of this Declaration shall continue in full force and effect as if such invalid provision had never been included herein. 7 .4 Disclaimer. No claim or cause of action shall accrue in favor of any person in the event of the invalidity of any covenant or provision of this Declaration or for the failure of the Architectural Review Board or Declarant to enforce any covenant or provision hereof. This Section 7 .4 may be pleaded as a full bar to the maintenance of any such action or arbitration brought in violation of the provisions of this Article. 7 .5 Waiver. No provision contained in this Declaration shall be deemed to have abrogated or waived by reason of any failure to enforce the same, regardless of the number of violations or breaches which may occur. 7 . 6 Captions. The captions herein are inserted only as a matter of convenience and for reference and in no way define, limit or describe the scope of this Declaration nor the intent of any provision hereof. 7 .7 Construction. The use of the masculine gender in this Declaration shall be deemed to include the feminine and neuter genders, and the use of the singular shall be deemed to refer to the plural, and vice versa, when the context so requires. 7 . 8 Notices. Notices required or permitted by this Declaration shall be made in writing. Notice to a member of the Association shall be sufficient if sent by United States mail, sufficient postage prepaid, to the latest address given by such member to the Secretary of the Association. In such event, notice shall be deemed effective three (3) days after such deposit into the United States mail. Notices may also be given by certified or registered mail, or by hand delivery. If hand delivered, notice shall be effective on the date that delivery is accomplished. If 25 940250 sent by registered or certified mail, notice shall be deemed effective three (3) days after deposit into the United States mail, sufficient postage prepaid. IN WITNESS WHEREOF, the undersigned being Owners (or Mortgagees) of lots in Shiloh Estates P.U.D. have executed this Declaration the date and year indicated below. SHILOH, INC. , a Colorado Corporation /— eft? BY Date amen H. Scttr. , Vice-President /- gt e !y ATTEST: gh[i„the Date Cheri Scott, Assistant Secretary STATE OF COLORADO ) )ss . COUNTY OF LARIMER ) The foregoing Declaration of Covenants, Conditions and Restriction for Shiloh Estates P.U.D. was acknowledged before me this Iq ►11 day of January, 1994, by James H. Scott, Jr. , Vice- President, and Cheri Scott, Assistant Secretary of Shiloh, Inc. , a Colorado Corporation, the owner of the real property subject to said Declaration. Witness my hand and official seal. My commission expires: 2t 1 I99L Notary Public 26 940250 EXHIBIT A TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR SHILOH ESTATES P.U.D. The Property subject to this Declaration is described as follows: A tract of land lying in the Southeast Quarter of Section 4, Township 6 North, Range 67 West of the 6th P.M. , Weld County, Colorado, and being more particularly described as follows: Beginning at the South Quarter corner of said Section 4 and considering the South line of said Southeast Quarter to bear North 89 degrees 08 minutes 00 seconds West and with all other bearings contained herein relative thereto; thence North 00 degrees 19 minutes 11 seconds West, 2540. 68 feet along the West line of said Southeast Quarter to an existing fence; thence South 88 degrees 06 minutes 20 seconds East, 1802. 04 feet along said fence to the Northwest corner of Recorded Exemption No. 0807-4-4-RE 1211, recorded March 19, 1990 in Book 1258 as Reception No. 02208285; thence along the Westerly line of said RE 1211 by the following twelve (12) courses: South 07 degrees 36 minutes 41 seconds west, 712 . 65 feet; South 86 degrees 30 minutes 23 seconds West, 8 . 15 feet; South 53 degrees 28 minutes 18 seconds West, 214 . 39 feet; South 25 degrees 48 minutes 15 seconds West, 281. 40 feet; South 25 degrees 48 minutes 15 seconds West, 87. 60 feet; South 89 degrees 08 minutes 00 seconds East, 88. 87 feet; South 34 degrees 33 minutes 21 seconds West, 212. 65 feet; South 51 degrees 45 minutes 59 seconds West, 77. 99 feet; South 84 degrees 18 minutes 54 seconds West, 65.42 feet; North 46 degrees 25 minutes 09 seconds West, 83 . 38 feet; North 89 degrees 09 minutes 44 seconds West, 205. 66 feet; South 00 degrees 00 minutes 00 seconds West, 1157 .65 feet to the South line of said Southeast Quarter; thence North 89 degrees 08 minutes 00 seconds West, 927 . 41 feet along said South line to the Point of Beginning. 940250 EXHIBIT B TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR SHILOH ESTATES P.U.D. This Exhibit relates to Section 3. 11 of the Declaration. The indicated animal types shall have the equivalent "Animal Units" set forth below. Each lot may have no more than the allowed number of "Animal Units" , as also set forth below. Type of Animal Unit(s) A. Dairy cow 2 . 00 B. Bull, older than one year, but less than two years 1.00 C. Bull, less than one year old .50 D. Non-dairy cow, one year old or more 1.00 E. Non-dairy cow, less than one year old .50 F. Horse, one year or older 1.00 G. Horse, less than one year old .50 H. Individual sheep, older than one year 1.00 I . Individual lamb, less than one year old .50 J. Llama 1. 00 R. Fowl (limited to Lots 7 and 8) . 10 L. Swine (limited to Lots 7 and 8) .50 M. Bison (limited to Lots 7 and 8) 1.00 N. Elk (limited to Lots 7 and 8) 1.00 Maximum Allowable Animal Units Per Lot Lot 1 = 3.0 Lot 2 = 3.5 Lot 3 = 2 .5 Lot 4 = 2 .0 Lot 5 = 2 .0 Lot 6 = 2 . 0 Lot 7 = 17 . 0 Lot 8 = 17 . 0 Lot 9 = 4 .5 Lot 10 = 3.5 Lot 11 = 3.5 Lot 12 = 3.5 Lot 13 = 3.5 Lot 14 = 3.5 940250 EXHIBIT C TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR SHILOH ESTATES P.D.D. All lots except 7 and 8 shall share in the Association's costs for irrigation water and the irrigation ditch system, in the following percentage ratio: Lot 1 = 7 . 9 Lot 2 = 9 .3 Lot 3 = 6 .5 Lot 4 = 6 . 1 Lot 5 = 5 .4 Lot 6 = 5.8 Lot 9 = 12 . 1 Lot 10 = 9 . 1 Lot 11 = 10 . 1 Lot 12 = 8.9 Lot 13 = 9 . 1 Lot 14 = 9 .7 940250 • STATE OF^'1LORADO CERT 'CATE OF TAXES DUE C/'P S. S. / COUNTI OF WELD 11 I, the undersigned, County Treasurer in and for said County,do hereby certify that there are no unpaid taxes, or unredeeme tax sales,as )appears of record in the office,on the following described property,to-wit: PARCEL 1'395186 .:i::ia.;:i ;iil:irJ E 6 C.';'% iii) f:: C:d3 %:hl (/JIZti34i ) NAME 62080.7 010 00 1,41 VENDOR NO. ,'.Y:I:I°I SCOTT P9:'i?:1.1. • NORTHERN CO WATER CONSERVANCY :l.9'2: : TAXES PAID 11 50.00 (6 2080704000011 08 "'f5L100 0 1 WOO) TOTAL AMOUNT I. I)1.11E: FOR TI'i:l:.} PARCEL IS 10.00 • TAX AUTHORITY L..i.:''?Y TAX TAX AUTHORITY I...I!!:VY TA): WELD COUNTY ..2 ,i5v. 0 SCHOOL DI ST r." 7.,tt,' ' �. R:..:...._,,;. : f:. .., 'r'. ,dL.11Ct.l... r:. [..> ! f'tlii:�'d d 1O 1.6;,,.,,, a.4 L'iC::li! WATER 1 .000 S't,.9'i NWC WATER WINDSOR SEVER F :L ..<SR::7 56.80 AIMS ,.:ILI'` IOR CCOI_. h,.;;>,!!i 2; i. ., 50 bJaaNC)FiClft LIBRARY 1 .078 37.63 WEST t:_qRfi:f:a...l:::''( SO ..4:l./t 11.1'3 • This does not Include land or Improvements assessed separately unless specifically requested. Information regarding special taxing districts and the boundaries of such districts may be on file or deposit with the Board of County Commissioners,the County Clerk and • Recorder,or the County Assessor. DECEMBER :I.3., :I '1 i=';:≥ • . 992 X...,... .. FRANCIS M. LOUSTALET L'r'..:. It-t..I:'_ei PAID ilia?„f:fO.i,.4O:a, BygSiEy5UREROFWELDCOgU �•DEPUTY 940250 IMPROVEMENTS AGREEMENT ACCORDING POLICY REGARDING ROAD RCTMAINTENANCE) ROVEMENTS 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 chiloh Inc. hereinafter called "Applicant" . WITNESSETH: WHEREAS, Applicant is the owner of or has a controlling interest in the following described property in the County of Weld, Colorado: A tract of land situated in the Southeast Quarter of Section 4, Township 6 North, Range 67 West of the 6th P.M. WHEREAS, a final subdivision/PUD plat of said property, to be known as Shiloh Estates P.U.D. has been submitted to the County for approval; and WHEREAS, S - c 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 of 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 . Applicant shall furnish one set of reproducible "as-built" drawings and a final statement of construction cost to the County. 1 940250 2 . 0 Ri hts-of-Wa and Easements : Before commencing the construction of any improvements herein agreed ooupon, Applicant shall acquire, at its own expense, 9 d sufficient rights-of-way and easements on all o all lands and facilities traversed by the proposed improvements . mp 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 reference. attached hereto and made a part hereof by this 3 . 1 Said construction shall be in strict t conformance o County frmanea to approved the plans and drawings b Y nd 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 requirements and standards of the County shall be adhered to. If both the incorporated community an 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 owed qualified testing company previously app 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 shall all have ss the during saida to test construction,and inspect County 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, together with all reasonable expenses and attorney fees incurred by County in 2 940250 defending such suit, action or claim or ariseswhether liability, loss or damage is caused by, a uttsf the negligence of county or its officers, 9 employees, or otherwise except for the liability, loss , or damage arising from the intentional torts or the gross negligence of the county or its employees while acting within the scope of their employment. All contractors and other employees engaged in construction of the improvements shall maintain adequate workman' s compensation insurance and public liability insurance coverage, and shall operate in strict the State laws and regulations of Colorado governing occupational safety and health. (THERE IS NO SECTION 5) 6 . 0 Approval of Streets by the County: Upon compliance with the following procedures by the Applicant, streets within a subdivision may be approved by the County as public roads and will be maintained and repaired by a homeowners association or, in its absence, the owners of lots within the subdivision. 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 approval of said portions . 6 . 2 County may, at its option, issue building permits for construction on lots for which street improvements detailed herein have been started but not completed as shown on Exhibit "B" , and may continue to issue building permits so long as the progress of work on the subdivision improvements in that phase of the development is satisfactory to the County; and all terms of this Agreement have been faithfully kept by Applicant. 6 . 3 Upon completion of the construction of streets within a subdivision and the filing of a Statement of Substantial Compliance, the applicant(s) may request in writing that the County Engineer inspect its streets and recommend that the Board of County Commissioners partially approve them. Not sooner than nine months after partial approval , the County Engineer shall, upon request by the applicant, inspect the subject streets , and notify the applicant(s ) of any deficiencies . The County Engineer shall reinspect the streets after notification from the applicant(s) that any deficiencies have been corrected. If the county Engineer finds that the streets are constructed according to County standards, he shall recommend full approval . Upon a receipt of a positive unqualified recommendation from the County Engineer for approval of streets within the development, the Board of County Commissioners shall fully approve said streets as public but with private pay. 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 indicated 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 3 940250 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 County, at its discretion, may make demand on all or a portion of the collateral and take steps to see that the improvements are made. 7 . 2 The applicant may choose to provide for a phased development by means of designating filings of a Planned Unit Development Plan or Final Plat Subdivision. The applicant would need only to provide collateral for the improvements in each filing as approved. The County will place restrictions on those portions of the property that are not covered by collateral which will prohibit the conveyance of the property or the issuance of building permits until collateral is provided or until improvements are in place and approved pursuant to the requirements for a Request for Release of Collateral . 7 .3 The applicant intends to develop 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 by the Board of County Commissioners . 8 . 1 An irrevocable Letter of Credit from a Federal or State licensed financial institution on a form approved by Weld County. The letter of credit shall state at least the following: - The Letter of Credit shall be in an amount equivalent of 100% of the total value of the improvements as set forth in Section 6 . 0 and exhibits "A" and "B" . - The Letter of Credit shall provide for payment upon demand to Weld County if the developer has not performed the obligations specified in the Improvements Agreement and the issuer has been notified of such default. - The applicant may draw from the Letter of Credit in accordance with the provisions of this policy. - The issuer of the Letter of Credit shall guarantee that at all times the unreleased portion of the Letter of Credit shall be equal to a minimum of 100% of the estimated costs of 4 940250 completing the uncompleted portions of the required improvements, based on inspections of the development by the issuer. In no case shall disbursement for a general improvement item exceed the cost estimate in the Improvements Agreement ( i .e. , streets, sewers, water mains and landscaping, etc. ) . The issuer of the Letter of Credit will sign the Improvements Agreement acknowledging the agreement and its cost estimates . - The Letter of Credit shall specify that 15% of the total Letter of Credit amount cannot be drawn upon and will remain available to Weld County until released by Weld County. - The Letter of Credit shall specify that the date of proposed expiration of the Letter of Credit shall be either the date of release by Weld county of the final 15% , or one year from the date of Final Plat approval, whichever occurs first. Said letter shall stipulate that, in any event, the Letter of Credit shall remain in full force and effect until after the Board has received sixty ( 60) days 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 required of the property in the proposed development by a disinterested M.A. I . member of the American Institute of Real Estate Appraisers indicating that the value of the property encumbered in its current degree of development is sufficient to cover 100% of the cost of the improvements as set forth in the Improvements Agreement plus all costs of sale of the property. - In the event property other than the property to be developed has been accepted as collateral by Weld County, then an appraisal is required of the property by a M.A. I . member of the Institute of Real Estate Appraisers indicating that the value of the property encumbered in its current state of development is sufficient to cover 100% of the cost of the improvements as set forth in the Improvements Agreement plus all costs of sale of the property. - A title insurance policy insuring that the Trust Deed creates a valid encumbrance which is senior to all other liens and encumbrances . - A building permit hold shall be placed 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. 5 940250 - The escrow agent guarantees that the escrowed funds will be used for improvements as specified in the agreement and for no other purpose and will not release any portion of such funds without prior approval of the Board. - The escrow agent will be a Federal or State licensed bank or financial institution. - 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. © . 5 A cash deposit made with the County equivalent to 100% of the value of the improvements . 9 . 0 Request for Release of Collateral : Prior to release of collateral for the entire project or for a portion of the project by Weld County, the Applicant must present a Statement of Substantial Compliance from an Engineer registered in Colorado that the project or a portion of the project has been completed in substantial compliance with approved plans and specifications documenting the following: 9 . 1 The Engineer or his representative has made regular on-site inspections during the course of construction and the construction plans utilized are the same as those approved by Weld County. 9 .2 Test results must be submitted for all phases of this project as per Colorado Department of Highway Schedule for minimum materials sampling, testing and inspections found in CDOH Materials Manual . 9 . 3 "As built" plans shall be submitted at the time the letter requesting release of collateral is submitted. The Engineer shall certify that the project "as built" is in substantial compliance with the plans and specifications as approved or that any material deviations have received prior approval from the County Engineer. 9 . 4 The Statements of Substantial Compliance must be accompanied, if appropriate, by a letter of acceptance of maintenance and responsibility by the appropriate utility company, special district or town for any utilities . 9 . 5 A letter must be submitted from the appropriate Fire Authority indicating the fire hydrants are in place in accordance with the approved plans . The letter shall indicate if the fire hydrants are operational and state the results of fire flow tests . 9 . 6 The requirements in 9 . 0 thru 9 . 5 shall be noted on the final construction plans . 9 . 7 Following the submittal of the Statement of Substantial Compliance and recommendation of approval of the streets by the County, the 6 940250 applicant(s) may request release of the collateral for the project or portion of the project by the Board. This action will be taken at a regularly scheduled public meeting of the Board. 9 . 8 The request for release of collateral shall be accompanied by "Warranty Collateral" in the amount of 10% of the value of the improvements as shown in this Agreement excluding improvements fully accepted for maintenance eb responsible governmental entity, special district or utility company. 9 . 9 The warranty collateral be released the applicant upon final approval by the Board of County Commissioners . 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 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 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 maintained by the County or school district. 10 . 2 The required acreage as determined according to 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 the Subdivision Ordinance. 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. 7 940250 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Weld County Clerk to the Board BY: Deputy Clerk to the Board APPROVED AS TO FORM: County Attorney APPLICANT BY: (title) Subscribed and sworn to before me this day of 19 My Commission expires : Notary Public aprlvate.db 8 940250 EXHIBIT "A" Name of Subdivision: S h i Lo t. -S'1-c..-`Cs Po 0. Filing : F..s1" Location: ,50,41-4«4- 0,—.-4,,A4' Ser;1, q, ,,.sh ,P I( ,rb.4,-1A..i5e 67 ulAt n-ri-k� 6'""/, . Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout this subdivision and as shown 9 onthe subdivision final plat County datedpage recorded on , 19 , in Book the following No. , Reception No. improvements . (Leave spaces blank where they do not apply) Estimated Improvements Unit Cost Construction Cost $Street grading i. 75 As yv_ /5i Li 75 0 Street base 3"/.1 YJ , a. 4- '9 O S.. /.,f.&'7'Yd. 3O1, 17O °s Street paving �1�0 00 Curbs, gutters, & culverts / i Sidewalk Storm sewer facilities Retention ponds 1 �+ Sow OO Ditch improvements Subsurface drainage Sanitary sewers Sanitary sewers Trunk & forced lines Mains Laterals (house connected) On-site sewage facilities On-site water supply & storage l� m Water mains-Includes Bore i),3oJ - • 3Q �o Fire hydrants 340R, D 65 6, 1YS Survey & street monuments & boxes 1 //iSd°O, Street lighting Street name signs A' 'oo 00 Fencing requirements 6 SD/4-4- eIr3Da-- Landscaping ,2 a, 75O2---° Park improvements c •S`O/4�- Fe.,o .5 Y soo Road Culvert '�,A 60' Grass Lined Swale y boos' Telephone Cld" Gas 14 500") Electric `!6'a/4"f 3 Q, S°�"-'a Water Transfer SUB-TOTAL 3 J? . t?cS.Q lie Engineering and Supervision Costs 1 c2. WJA O O 0(testing, inspection, as-built plans and work in addition to preliminary and final plat; supervision of actual construction by contractors) TOTAL ESTIMATED COST OF IMPROVi; IENTS AND SUPERVISION $ lQ 1 7So The above improvements shall be constructed in accordance with all County requirements and specifications, and conformance with this provision shall be determined solely by Weld County, or its duly authorized agent. Said improvements shall be completed according to the construction, schedule set out in Exhibit "B" . a/W/l/ c..,.. i ( In corporation, to be signed by President and attested to by v Secretary, together with corporate seal . ) U A Date: /— / . , 19 ”/ 9 940250 EXHIBIT "B" • Name of Subdivision: a-lc las P. O. 0. Filing: Firs-f Location: Sow4keest Q.r.r• r4rr r/n,n %n vlS (i A.hrth /2..nan, a ors/o4. .frke 6N''pp Intending to be legally bound, the undersigned Applicant hereby agrees to construct the/ improvements shown on the final subdivision plat of ,SA / 44-1 tC 4 t41s b Subdivision, dated , 19 , Recorded on , 19 , in Book , Page No. Reception No . , the following schedule. All improvements shall be completed within I years from the date of approval of the final plat. Construction of the improvements listed in Exhibit "A" shall be completed as follows : (Leave spaces blank where they do not apply. ) Improvements Time for Completion Site grading 2. td« bc Street base z Q.,/cc Street paving / LOr r,k Curbs, gutters, and culverts / Sidewalk Storm sewer facilities Retention ponds Ditch improvements .2 14-)t.r ICS Subsurface drainage Sanitary sewers Trunk and forced lines Mains Laterals (house connected) On-site sewage facilities On-site water supply and storage Water mains I wr ks Fire hydrants z is Survey & street monuments & boxes �vz, Hs Street lighting Street name signs a rl, s Fencing requirements 2 iv y�As Landscaping 3 (LJ—Cc Park_______iap_rr_/eme_j:Lt_L Telephone Gas 7r .ks Electric 3 te..". c Water Transfer Sub-Total 7knonr& , / Wr.c,k icLy The County, at its option, and upon the request by the Applicant, may grant an extension of time for completion for any particular improvements shown above, upon a showing by the Ap licant that the above schedule cannot be met. \ H ( If corporation, to be signed\ by President and attested to by jr- Secretary, together with corporate seal . ) .4<a4 Gar Date: / — /y , 19ry . • Revised 10/20/93 aprivate.db 940250 i0 10 Hello