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Home My WebLink About910294.tiff AR2249770 RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND PLANNED UNIT DEVELOPMENT PLAN FOR AN EIGHT-LOT RESIDENTIAL SUBDIVISION - ANTELOPE HILLS, P.U.D. , C/0 GEFROH HATTMAN, INC. WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested O o u with the authority of administering the affairs of Weld County, Colorado, and 0 ^+ U WHEREAS, the Board of County Commissioners held a public hearing on the 10th day of April, 1991, at the hour of 10:00 a.m. in the Chambers of the Board afor the purpose of considering the Site Specific Development Plan and Planned 0 3 Unit Development (PUD) Plan submitted by Antelope Hills, P.U.D. , c/o Gefroh Hattman, Inc. , 145 West Swallow, Fort Collins, Colorado 80521, and o W hW 2 WHEREAS, said PUD Plan concerns the following described real estate, to- wit: W cog Part of the NW/4, Section 13, Township 6 ne North, Range 67 West of the 6th P.M. , Weld 1-1 1 County, Colorado e a WHEREAS, said applicant was represented by Rick Hattman, of Gefroh Hattman, cn U Inc. , and oz W WHEREAS, the Board of County Commissioners heard all of the testimony and in El ow statements of those present, has studied the request of the applicant and the a recommendations of the Weld County Planning Commission and all of the exhibits o W and evidence presented in this matter and, having been fully informed, finds that [.... r4 this request shall be approved for the following reasons: rn ✓ z 1. The submitted materials are in compliance with the application o requirements of Section 28.9 of the Weld County Zoning Ordinance. ,7+ a 2. The request is in conformance with Sections 28.14.1.6 et seq. , of the Weld County Zoning Ordinance as follows: CO ON ON CO N N a. The proposal is consistent with the Weld County Comprehensive ~ i Plan. The PUD District was approved on June 20, 1990. � w b. The PUD Plan conforms to the approved PUD District. The Utilities Coordinating Advisory Committee reviewed and approved the utility plan map at a meeting on January 10, 1991. 910294 p[.o 69O Page 2 RE: PUD - ANTELOPE HILLS, P.U.D. c. The uses, buildings, and structures permitted shall be compatible with the future development of the surrounding area as permitted by the existing zoning and with the future development of the surrounding area as projected by the Weld County Comprehensive Plan. d. The PUD Plan conforms with the performance standards outlined in Section 35.3 of the Weld County Zoning Ordinance. r', O e. The PUD Plan is not located in an overlay district area. oU NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld N O County, Colorado, that the Site Specific Development Plan and Planned Unit Development Plan on the hereinabove described parcel of land be, and hereby is, qapproved subject to the following conditions: oW 03 • 1. Within six months of approval by the Board of County Commissioners oCC W and prior to recording the PUD Plan, the applicant shall: 2 O a. Submit evidence to the Department of Planning Services that W the approved subdivision improvements agreement and `o c4 landscaping improvements agreement have been executed and tn •. w collateral for the improvements has been accepted by Board of x County Commissioners. a H .W7 b. Provide evidence to the Department of Planning Services that • U the required law enforcement authority has been created and is o z in effect. 1 H \ W c CO c. Provide evidence to the Department of Planning Services that x the $3, 705 contribution to mitigate expected impacts to o W Windsor School District RE-4 by this subdivision has been N• u, made. rn N z d. Provide evidence to the Department of Planning Services that o the pro rata share contributions have been made to the v a contributing property owners of Antelope Hills Local aImprovement District and Weld County Road 70 Local Improvement District. coo ON ON N N 2. A copy of the approved covenants shall be incorporated into the r-1 4-1 application materials and a copy shall be recorded as part of the e+ PUD Plan. 910294 Page 3 RE: PUD - ANTELOPE HILLS, P.U.D. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 10th day of April, A.D. , 1991. /[�/ J/, BOARD OF COUNTY COMMISSIONERS ATTEST: / U WELD COUNTY, LORADO o U Weld County Clerk to the Board 7 o Gordon ac , airma M U By: �a O Deputy Clerk to the Boar(: Geor a Kenn dy, ro-Tem 0 3 APPROVED AS TO FORM: �^ � o Constance L. Harbert W O �— •�' W ounty Attorney C. W. �� o W. H. Webster a W ., a ON U oz � N nE om a W o D r-- VI N 7-, N a O N C.) C4 W rz coHI 01 01 :V cV i H RI fs4 910294 i _ e 3g _ E a ,0 ,. 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G of "2 7 V kil 4si NI 0 ql 't13�` W.- t .n'::r' �.<r. s lam s� +Lh p n 2 3 V 1 0 c.n.w.evF 3.I.H.O iT.wyd y 0 a % it AV N O `.;wirL I t� �y a ti �t W k a t' 13 //�t� 0 >:„pZ n &° �N e° ea qik .?nit "a Ni W.1 : rt±r a pii e4 e o as �S .f �oa ., l\F v u� ? .1 2 N tat I \ k 1� rolls _ A. *"tea n •�ye 2� �V .osbsi :vaouro;v �\ �`�'.l+d,. • J0ie'o .C >KI 136 - d' O. n1 00 .c: \ '—*tat,. h� Jel• N C I 2 v0 u\ a� yi �� \� B\ 6/V!`� E A I 1, Ia \ 1,1,x. I It � Xt \ a �K ii , ' 4 °ti^ 4u \o� kwA m2 p'it% '�Ca a e a 4A 0 �lpY V—Y d e L+ QI. Me O� \\?a 4 /k W4tteW\ Vyt2 `---d-Sac, /904e-- . E'1O4 i oPiterfif ° 1l'°3 ZIM v a gnu --.+ Tega l,” UV in HEARING CERTIFICATION DOCKET N0. 91-17 RE: SITE SPECIFIC DEVELOPMENT PLAN AND PLANNED UNIT DEVELOPMENT (PUD) PLAN FOR AN EIGHT-LOT RESIDENTIAL SUBDIVISION - ANTELOPE HILLS, P.U.D. , C/0 GEFROH HATTMAN, INC. A public hearing was conducted on April 10, 1991, at 10:00 A.M. , with the following present: Commissioner Gordon E. Lacy, Chairman Commissioner George Kennedy, Pro-Tem Commissioner Constance L. Harbert Commissioner C. W. Kirby Commissioner W. H. Webster Also present: Acting Clerk to the Board, Shelly Miller Assistant County Attorney, Lee Morrison Planning Department representative, Keith Schuett The following business was transacted: I hereby certify that pursuant to a notice dated March 4, 1991, and duly published March 7, 1991, in The New News, a public hearing was conducted to consider the request of Antelope Hills, P.U.D. , c/o Gefroh Hattman, Inc. , for a Site Specific Development Plan and Planned Unit Development Plan for an eight-lot residential subdivision. Lee Morrison, Assistant County Attorney, made this matter of record. Keith Schuett, Planning Department representative, recommended the Resolution of the Planning Commission and the Planning staff's recommendation be entered into the record as written. Rick Hattman, of Gefroh Hattman, Inc. , represented the applicant, and stated they were agreeable to this. Mr. Hattman gave a brief outline of their intent and answered questions of the Board. Mr. Morrison said the Agreements pertaining to this application would be taken care of in a regular Board meeting; however, the specifics should be discussed in this hearing. In response to Chairman Lacy's questions, Mr. Hattman said they would post bonds for landscaping, pave according to County standards, and maintain the lots. Mr. Morrison explained the payment plan concerning the Weld County Road 70 Local Improvement District which is guaranteed by Condition of Approval #2d. There was some discussion concerning whether the collateral should be all up front or on a lot-by-lot basis. Mr. Schuett said there were concerns about heavy truck traffic. Mr. Hattman said there is a gas well near the property and, there will be excavation equipment during the construction period. Geraldine Brozinski, surrounding property owner, questioned the restriction of large farm animals and the time limit for the paving of the road. Mr. Hattman said only dogs, cats, and other household pets would be allowed, as outlined in the covenants. He also said the paving will be done immediately. Mr. Schuett said the Improvements Agreement states May and June for paving. After further discussion concerning the collateral for landscaping, Mr. Schuett recommended the total up front to be released lot by lot to alleviate problems. Duane Kunkel, representing Antelope Hills, P.U.D. , said it could be five to ten years before all the lots are sold; therefore, they would have to pay interest if the money was put into escrow. Commissioner Kirby explained the Board's position and need for financial security. Commissioner Kennedy asked if a bond or letter of credit would be agreeable. Mr. Hattman said either would be fine if they are available. Chairman Lacy suggested the County Attorney's staff, the applicant, and the Planning staff work together to get the Agreements in order. Mr. Morrison read the current provisions for financing stated in the Landscaping Agreement and recommended using Deeds of Trust if there is sufficient collateral. Commissioner Harbert moved to approve the request of Antelope Hills, P.U.D. , c/o Gefroh Hattman, Inc. , for a Site Specific Development Plan and Planned Unit Development Plan for an eight-lot residential subdivision based on the recommendation of the Planning staff 910294 Page 2 RE: HEARING CERTIFICATION - ANTELOPE HILLS, P.U.D. and the Planning Commission, with the Conditions of Approval as entered into the record, and with the total collateral up front. The motion was seconded by Commissioner Kirby, and carried unanimously. After further discussion, Commissioner Webster moved to set May 6, 1991, at 9:00 a.m. , as the date to review the Law Enforcement Authority. Commissioner Harbert seconded the motion, which carried unanimously. This Certification was approved on the 15th day of April, 1991. /+� �l/LCa'. ? APPROVED: ATTEST: BOARD OF COUNTY COMMISSIONERS WELD COUNTY COLORADO Weld County Clerk to the Board By: 47 �j�e-rz Gord a y hairman Deputy Clerk to the Board 1. Ge r e Kenne y, Pro-Tem / TAPE 1191-08 o�n51 . ali-t 4441-- Constance L. Harbert DOCKET 1191-17 >�f C. W. Kirby ��/,L/� SUBD t�� l J q_ W. H. Webster ( �lru� l[S� iYJJ 910294 ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS )O1± DAY OF j'it1 , 1994: DOCKET # r1l- I ') - CC*_tR ps 41.. �In PLlb - -PUS.) t)(-ct-t•- DOCKET # q I- 1 i6b $ V.Li �cf is DOCKET # DOCKET # DOCKET # \ PLEASE write or print your name legibly, your address and the DOC # (as listed above) or the name of the applicant of the hearing you are attending. . /NAME ADDRESS HEARING ,yATTENDING /� � y �wLt , 31.5'x �� tee_e-�e_i Ed, l r��1,_P gy . a-4,-,7-,...>1---L9).-c..-- i �4�`� /�a ,�l0// it/be An A kip e 77;1A l �� Q-�l�o�. 145 clJ Su�yN f�c�. ��crEvok �-1--\-ly�rctcy. 910291 PUBLIC NOTICE The Board of County Commissioners of Weld County, Colorado, on April 10, 1991, conditionally approved a Site Specific Development Plan and Planned Unit Development Plan for the property and purpose described below. Conditional approval of this plan creates a vested property right pursuant to Article 68 of Title 24, C.R.S. , as amended, for a period of three years. APPLICANT: Antelope Hills, P.U.D. c/o Gefroh Hattman, Inc. 145 West Swallow Fort Collins, Colorado 80521 LEGAL DESCRIPTION: Part of the NW/4, Section 13, Township 6 North, Range 67 West of the 6th P.M. , Weld County, Colorado TYPE AND INTENSITY OF APPROVED USE: Eight-lot residential subdivision SIZE OF PARCEL: 9.03 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: K� Deputy erk to the Board PUBLISHED: April 18, 1991, in The New News • STATE OF COLORADO ) )s.s. COUNTY OF WELD ) David H. Reynolds, being duly sworn , says that he is publisher of The New News, a weekly newspaper published in Keenesburg in said County and State; that said newspaper has a general circulation in said County and has been continously and uninterruptedly published therein, during a period of at least fifty-two consecutive weeks prior to PUBLIC NOTICE tY the first publication of the annexed The Board of weld col* notice; that said newspaper is a �' �a�edlo'a lsl2 newspaper within the meaning of the Deeom:21tam nn act of the General Assembly of the to vox , COndidi l es ad State ofColorado), legal rwaLtto regulate the to a m notices and advertisements, " and y �T ,wk1�pe mix, amendments thereto; that the notice pATpC 0—adw.F�eft ; of which the annexed is a printed Colorado8p oN: part de copy taken from said newspaper, was �+�igestTa theNortlhd published in said newspaper, and in ,� Co"Tiost of lot the regular and entire issue of uba visDroma��, every number thereof , s� op PARCEL: Fvbure to bide bye, win result in afoorfr��tions of PP of �CAU T�'y once a week for o�ce�e�rty� successive weeks; that said notice prgD,tiw of loTtAR0 was so published in said newspaper wewcourtcowxnel°u proper and not in any supplement $y'cr�xNxAT�°T�B° gy. Shelly he Miller Boar thereof , and that the first Deputy clerk 18, 1991, publication of said notice as �BNwNesAPrd aforesaid, \was on the — i u day of i`1 Viv 1 -, 19 9 / , and the last on then day of /e 19 -LS Subscribed and swor t before me this a5`74day of C14-c.cl , 19 //�.. yn / ! \I 91.0294 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 following proposed Planned Unit Development Plan are requested to attend and may be heard. Should the applicant or any interested party desire the presence of a court reporter to make a record of the proceedings, in addition to the taped record which will be kept during the hearing, the Clerk to the Board's Office shall be advised in writing of such action at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. BE IT ALSO KNOWN that the text and maps so certified by the Weld County Planning Commission may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. APPLICANT DOCKET NO. 91-17 Antelope Hills, P.U.D. c/o Gefroh Hattman, Inc. 145 West Swallow Ft. Collins, Colorado 80521 DATE: April 10, 1991 TIME: 10:00 A.M. REQUEST: A Site Specific Development Plan and a Planned Unit Development Plan for an 8 lot residential subdivision LEGAL DESCRIPTION: Part of the NW/4 of Section 13, Township 6 North, Range 67 West of the 6th P.M. , Weld County, Colorado LOCATION: East of Weld County Road 23 and south of Weld County Road 70; south of and adjacent to Antelope Hills Subdivision BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: DONALD D. WARDEN WELD COUNTY CLERK TO THE BOARD BY: Carol A. Harding, Deputy DATED: March 4, 1991 PUBLISHED: March 7, 1991, in The New News qq 91.003 4 • -- - STATE OF COLORADO ) _ _ 1s.s. COUNTY OF WELD ) NOTICE David B. Reynolds, being duly sworn , �,, �t laws ame do and the Weld says that he is publisher of Coaaty de , as pae me The New News, a weekly newspaper [gibe dCounty on published in Keenesburg in said County Center, .' tIdlOa,m and State; that said newspaper has a Floor, Greeter, Cotorado, at the general circulation in said County any manner- Interestedn ted'W meowing and has been eontinously and �Srevalo d PW. ea U„ uninterruptedly published therein, ea, ar�ang t r` eawP41444 during a period of at least presence of s desire tthhe re te fifty—two consecutive weeks prior to record of the the first publication of the annexed 4 "��"r Beet notice; that said newspaper is a +re u he melted In&jar ° of such action at least five Nam newspaper within the meaning of the e14sagingaecoanC° y14e act of the General Assembly of the nhy State of Colorado,, entitled "An Act teat and maps ao �Ied�hi}. tta Weld County Planting Conm,lesl to regulate the printing of legal may 6e eundned in the otiicc „ the Cleric to the Boa� a County notices and advertisements, and Commissioners, located in the Weld County Centennial Center, amendments thereto; that the notice 915 10th Street, Third Floor, Greele Colorado of which the annexed is a printed rN :sl.iy copy taken from said newspaper, was P.D.D.p-t, cehoh Ha�tt°mknH : Cdodg581 l F-' published in said newspaper, and in DATE: 10 1891 the regular and entire issue of TIME: MOOOOA.M. DevRelK t "Alt la aodka E.every number thereof , umt UevT¢�",arae�t p� f lot r4eident�ie�laayuyI�dtivi144n I&GAL DESCIiTPTION: Part of once a week for ' tthee NW/4 of Seccttiio dTa�Aic successive weeks; that said notice aM. W4yat,au„ tlemW was so LocATIDN` F yd published in said newspaper Bond 27 adI soutnWeW °u°t1' Road y0;aqu W er and nyaeem o proper and not in any supplement Antelope l9Ws Subdivision thereof , and that the first BOARD°F of WELD COUNTY ow publication of said notice as By: DONALD D WARDEN aforesaid, was on the s,: c BAT & Man:h 4 1991 MYRUNTYARnputy t`� c PUBLISHED• -1 dMarch 7,'1991, in day of i t I uA. , 19 I I , The New NeWs and the last on the 1 day of In 4 . 4r, 199 ' Subscribed and sworn before me this 12day of Atit.rC4 , 19_2L. qi,O73 STATE OF COLORADO ) )s.s. COUNTY OF WELD ) David B. Reynolds, being duly sworn, says that he is publisher of The New News, a weekly newspaper published in Keenesburg in said County and State; that said newspaper has a general circulation in said County and has been continously and un l n t@rru t@d l NOTICE OF PUBLIC REARING P y published therein, The Weld County Panning during a period of at least conmdssiun will hold a pubic fifty—two P hearing on Tuesday, January 22, consecutive weeks prior to 1991, al 1:39 p.m. or the urposc of co Wderiuig a tctrvai m the first publication of the annexed Developments psl a, notice; that said newspaper is a Unit nevelopmeml-for am nett described below. Approsal uesthe newspaper within the meaning of the rproucsryly nacrea4 rsuani Isle act of the General Assembly of the AP ado law. Planned Unit Dees opn ent lope Refs n State of Colorado, entitled An Act Gefmh Ratm an to regulate the printing of legal LEGAL DESCRIPTION: Part of u g R67WWof the 4 of Section PAL, %chi notices and advertisements, and count!,coloraao TYPE AbT1 INTENSI1l' OF amendments thereto; that the notice PROPOSED USE: A Plam ed Gnu Deveiopnlent:Pma 6r;an eight for o which the annexed is a printed sabairWoh -- LRO�CdATpgfO�� :r: East of weld counts copy taken from said newspaper, was Road TOandsoutb if weld county MTV - aiViXe' t published in said newspaper, and in to Ante*Rills Subdivision SIZE: 9.83 acres,mere or less the regular and entire issue of The umtc hoar ng wu be held drr every number thereof , the �teW Counts Conm ssioner's Rearing Room, First Floor, Wend Count)- -Centennial Center, 915 1 Tenth Street, Greeley; Colorado. once a week for / Comments or objections related to the above request should be successive weeks, that said notice submitted in writing to the weld County Department of Pdannayl was so published in said newspaper Services, 915 Tenth Street, R oom 342 Greeley, Colorado 80831 before he alurcc date or presented proper and not in any supplement at the public hearing on January thereof , and that the first 22,1991. Copies of the ' application are publication of said notice as available for public inspection.in the Department of Plannutig� aforesaid, Was on the Services,R Center, Weld CTenth Street Greeley;, Colorado 60631- day of 19 D 356-4880 Extension 4400. e feria IZ'iefer,Chairman Welr{County Planning Conmiisslc. To be published m the New News To be published one rL tune by and the last on the 13 day of January i, tiPUblished n the New News �— December 13, 1990. C.c. , 19 -f, Subscribed and swor to before me this LZLI‘day of Afece.„1.,_ . • 19262.-- : p iinnntq R'. .1/%..,.-.A<.N> L _�6-6 ?lr cr ..! . , Fr,.0 2 " IY7r. a91: • -� ..,_, . ri to r t. +'lardhhg bt rrtlBtssiei ate.:-?'a.-4 Affidavit of Publication STATE OF COLORADO ss. County of Weld, I, Anita C. Fletcher of said County of Weld, being duly sworn, say that I am an advertising clerk of THE GREELEY DAILY TRIBUNE, and THE GREELEY REPUBLICAN that the same is a daily newspaper of general circulation and printed and published in the City of Greeley, in said county and state; that the notice or advertisement, of which the annexed is a true copy, has . _ ' "ll 1 "."°?-ti `ir ;,fir,, been published in said daily newspaper for consecutive tit 'lips*gnina .14' (days) that the notice was published in the County m re a trK Head - a•,n Ow Chambers Y ) Gam; P ara.a�id� regular and entire issue of every number of said toil 0°" "tat l in newspaper durin the period and time of publication of ,IS ' Ad penoq h, rry nae�w}tst#aated hg P ' all Pend, �i° p1wtca�a■«'sdw said notice, and in the newspaper proper and not in a saga air7h�a.t.dPolt 'liaPat ?'ata supplement thereof; that the first publication of said na4 (a;„ *Ps a1 Mown ,n sawn to the thy* 'WMdt 1).ttapt40in uto ASlite it to es` notice was contained in the issue of said newspaper kistiowsppiahawbOasietkiwrtngono*AeonattWilitadays bearing date araniagina coast nrprxter erWl6e tonePali t - Twenty-first ig WMYfS Met*PM aetaniiisd iota weld Cawdy M.damn id�entionh•an watt �.ar Tn.wwtuvny day of March A.D. 19 91 . tesic.nw,oft lira ,traey capaa r and the last publication thereof; in the issue of said APPLIs;ANT Ardroa►HncsirA; newspaper bearing date the aaos mt Naamaa.hp. Twenty-first saswse sw.aw 'okra:Oyti'Ojai ' iL y day of March A.D. 19 91 RE TI�E:'f,Ti A Dint i,' .. : . Y °a.{fix n tia sp.dxb oaeeiopmsnt ti4n and a Planned Unit that said The Greeley Daily Tribune and The Greeley ladmr+ti .�IOhn art pdamid cut oFStn N� � IPrroN,iMrteiltsNw/raves.anonly.Township e Republican, has been published continuously and AQ P�fdy Weld(:WMf:Gabr t h gyp Hood za l d apwh of u codmy uninterruptedly during the period of at least six "It '� BbUAi�oPwaa nnwn sia+Qas months next prior to the first issue thereof contained ORADO said notice or advertisement above referred to;that said u�ry newspaper has been admitted to the United States BOARDry mails as second-class matter under the provisions of the "" Y ' 4:s Act of March 3, 1879, or any amendments thereof; and " that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. March 21, 1991 Total charge: $ 32.80 (Liu/Li U . ��I��GEY Advertising Clerk Subscribed and sworn to before me this 21st day of March A.D. 1991 r r. My commission s -�/� 9/oi Q Notary Public INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION Applicant: Antelope Hills c/o Gefroh Hattman Inc. Case Number: S-312 Submitted or Prepared Prior to Hearing At Hearing 1. Application 89 Pages X 2 . 5 Application plats 5 pages X 3. DPS Referral Summary Sheet X 4. DPS Recommendation X 5. DPS Surrounding Property Owner' s Mailing List X 6 . DPS Mineral Owner' s Mailing List X 7 . 3 DPS Maps Prepared by Planning Technician X 8 . DPS Notice of Hearing X 9. DPS Case File Summary Sheet X 10. Minutes from the Weld County Utilities Coordinating Advisory Committee X 11. Board of County Commissioners Resolution for Change of Zone from A to PUD X 12. Drainage Agreement Received December 7 , 1990 X 13 . Letter dated December 18, 1990 from Frank K. Riggle, Greeley Soil Conservation District X 14. Memo dated December 26, 1990 from Drew X Scheltinga 15 . Letter dated December 18 , 1990 from Dr. Bill Nelson, Windsor School District X 16 . Letter dated December 12 , 1990 from Lee Morrison X 17. Memo dated December 17, 1990 from Wes Potter, Environmental Protection Services X 18. Referral responses dated December 11, 1990 from Ed Jordan, Sheriff X 19. Referral response dated December 10, 1990 from Paul Felte , Roullard Lateral Ditch Co. X 20. Referral response dated December 12, 1990 from Barbara. Gomez, Town of Severance X 21. Referral response dated December 10, 1990 from Janet Lathrop, Town of Windsor X 22 . Referral response dated December 10, 1990 from R. Van Sickle, oil & Gas Conservation Commission X 23. Referral response dated December 6, 1990 from Lyle Nelson, North Weld County Water District X 24. Referral response dated December 20, 1990 from Dean Severni, West Greeley Soil Conservation District X 91.0291 C.Y,C14,6-c r `' " )ag l Antelope Hills c/o Cefroh Hattman Inventory of Items Page 2 After 25. A 5 page agreement dated January 21, 1991 Hearing between Mission Oil, Brooks Exploration and the developers of Antelope Hills PUD X I hereby certify that the 25 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commission hearing. I further certify that these items were forwarded to the Clerk to the Board's office on March 1, 1991. Cu anner STATE OF COLORADO ) COUNTY OF WELD ) SUBSCRIBED AND SWORN TO BEFORE ME THIS /Sf day ofjniS 1n 19q/ . ets .... .. r 4 SEAL N'f �. t. ulgfiy�' , : - -• .. �! C 1 t OT BL My Commission Expires M,COM1 cc " P n"k3 1,5. • E41 00 4 ;� biLaCie -y' "it - n 'KHIBIT "I�NVVE'N�TORY CONTROL D ,SHEET Case et-- (xi) P� — ayt�c,t�p�/11 . kkif e4, Exhibit Submitted By / Exhibit Description A. -3/7 � ///i,u„ttrei �fr �ivu�ic� B• -3/7 ELIAli id 2/LW nafiDU PA(94.1e.exiy firailtukiettpj C. 3/7 Pletitaii7a7nInthattD-)- jib/MAU 1)45q ilegiungi E. % ( DEAF ID eh it/ F. / LappiGC1�iYI t f turn- e.Yite1C ZZed cc',t PE "T G. // nn H. I. J. K. L. M. N. O. P. Q. R. S. T. U. V. W. 5-1 ") X. Y. Z. BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Jean Hoffman that the following resolution be introduced for passage by the Weld County Planning Commission. Be it resolved by the Weld County Planning Commission that the application for: CASE NUMBER: S-312 APPLICANT: Antelope Hills, P.U.D. , c/o Gefroh Hattman, Inc. ADDRESS: 145 West Swallow, Fort Collins, CO 80521 REQUEST: A Site Specific Development Plan and a Planned Unit Development for an 8 lot residential subdivision. LEGAL DESCRIPTION: Part of the NWk of Section 13, T6N, R67W of the 6th P.M. , Weld County, Colorado. LOCATION: East of Weld County Road 23 and south of Weld County Road 70; south of and adjacent to Antelope Hills Subdivision. be recommended favorably to the Board of County Commissioners for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 28.9 of the Weld County Zoning Ordinance. 2. The Planned Unit Development (PUD) plan application is in conformance with Section 28.13 of the Weld County Zoning Ordinance: The proposal is consistent with the Weld County Comprehensive Plan. The PUD district was approved on June 20, 1990. The PUD plan conforms to the approved P.U.D. District. The Utilities Coordinating Advisory Committee reviewed and approved the utility plan map at a meeting on January 10, 1991. The uses, buildings, and structures permitted shall be compatible with the future development of the surrounding area as permitted by the existing zoning and with the future development of the surrounding area as projected by the Weld County Comprehensive Plan. The PUD plan conforms with the performance standards outlined in Section 35.3 of the Weld County Zoning Ordinance. The PUD plan is not located in an overlay district area. FIL231 Ei-PJLi AA_r �� I RESOLUTION, ANTELOPE t LS S-312 PAGE 2 This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Planning Commission recommendation for approval is conditional upon the following: 1. Prior to scheduling this case before the Board of County Commissioners, the applicant shall: a. submit to the Department of Planning Services a ready-t°revised subdivision improvements agreement and a revised landscape agreement approved to form by a Weld County Attorney. b, amend the application materials to show all culverts within the subdivision to be no less than the equivalent of an 18 inch diameter pipe. c, submit to the Department of Planning Services a copy of the revised covenants approved to form by a Weld County Attorney.f d, submit to the Department of Planning Services a copy o a suitable document, mutually agreed upon by the applicant and to mitigate the expected impacts of this Windsor School District RE-4 to convey cash in the amount of $3,705 in lieu of land, subdivision on the Windsor School District RE-4. e, submit to the Department of Planning Services and be ready to execute a revised plan approved to form by a Weld County Attorney share and er reaown to ers execute,that c ntribu ed to a AntelopeonHilstlon to Local property Improvements Improvement his plant shall and includenays schedule of proposedpayment District. The p to contributing property owners of each district. 2_ Within six months of approval by the Board of County Commissioners and prior to recording the PUD plan, the applicant shall: a, submit evidence to the Department of Planning Services that the approved subdivision improvements agreement and landscaping improvements agreement have been executed and collateral for the improvements has been accepted by Board of County Commissioners. b, provide evidence to the Department of Planning Services that the required law enforcement authority has been created and is in effect. RESOLUTION, ANTELOPE HILLS S-312 PAGE 3 c, provide evidence to the Department of Planning Services that the $3,705 contribution to mitigate expected impacts to Windsor School District RE-4 by this subdivision has been made. d, provide evidence to the Department of Planning Services the pro rata share contributions have been made to the contributing property owners of Antelope Hills Local Improvement District and Weld County Road 70 Local Improvement District.ts shall be into the 3 appl P cation mater also and aved o copy nshall be recorded as incorporated part of the PUD plan. Bud Clemons seconded the motion. VOTE: For Passage Against Passage Richard Kimmel Ann Garrison Jean Hoffman Don Feldhaus Judy Yamaguchi LeAnn Reid Bud Clemons Jerry Kiefer 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 of the Weld County Planning Commission, do hereby certify that the above and foregoing Resolution is a true copy of t Resolution on 0 e n f u Colorado, January 22 , 1991 and recorded in Book No. XIII of the proceedings adopted the Planning Commission. Dated the 23r day o January, 1991 10(1(tA \-"cze Sharyn F. Ruff Secretary 91.0234. Planning Commission Summary January 22 , 1991. Page 2 The Chairman asked the. secretary to poll the members of the Planning Commission for their decision. Richard Kimmel - yes ; Ann Garrison - yes ; Jean Hoffman - yes ; Don Feldhau.s - yes ; Judy Yamaguchi. - yes ; LeAtn Peid yes ; sud Clemons - yes ; Jerry Kiefer - yes . Motion carried unanimously. ,.. ", CASE NUMBER: S-312 / APPLICANT: Antelope }fills Rianned Unit Development c/o Cefroh Hattaen, Inc . REQUEST: A Site Specific Dovelopmc Eft Plan and ,_ (BUD) Planned Unit Development Plan for an ei ,tht lot residential subdivision. LEGAL DESCR1PTION : Part of the HUG of� .Saction 13 , 16Ii , POi',: of the 6th P .M . , lie1d County, Colorado . LOCATION: East of Ue d Cointy Road 23 and south of Veld Couutv lgAid 70 , stilth of and adjacent. o Antelope. Hill. Subdivision, Rick Flsttman, representative for Gefroh Hat tmun , 'Inc . , defier ihet uhero the property is located and t.::pl .:.nerd that they propose ;; lots on 9-i t ., . .'.e•a plan to continuo the chi fitili;{ paving Ito ram, provide public tiaiadi and iniBineiaa.d :rptic syato -o for Gaeh of the lots: IL, also explain:id that they; have met al of the briterit required previously to this stage . Pad Clo7yais iralitcd to t_. .i if they had resolved the _ ituation addressed in the preliminary prosentation about access to an oil or sas well . Rick Eattri:nt toffilainod ehnt :; itr ion had been resolved . ie,In no f' :v.r;n ii ked if thry had received approval tor tho individual ,. - e.c s ,. tcme. Rick La,. eu.an said yes , porcoibit ion .,., l soil s.- T.;:1.e• construction. a �. e rr;t�; would be provided pu:>_er to e-ar Jc:, s I.of-1 mr.� also wanted to aid that she visited the site t.z_ie .iud there appears to be an orderly e ._tonsion of a uc11 developed and well mairmi.itined si.irlivt.sror. called Antelope. hills . The Chairman called for discussion from the audience , There was none . The Chairman asked lir. Nat_mnn if he was in agreemgrit with the coGatents of the Rico: Fla man stated that he iras . Staff comments were included with the record . pan Hoffman iotaiid that Case 9- 212 , Antelope !-Irks Planned Unit Development iopino:rt x' pchadttud to the Board of County Commissioners with a recoamen [ tio -i tor approval . Clemons s sec:a- Lino p.c ion. Tie Chairman t. weed tlie stittrittaitvto poll t'l,tc member = of thud britunins Coymiss ion tor their decision. Richard Kimmel Ann Garrison - of ..._. - sits; Don F_ldhaus -s ; Judv 1 ...;giuGni - - LeAnn Reid es ; Bcd t:lcar ns - 910294 i Cah84r C 1 MEMORAnDum Wilk Board of County To Commissioners Date March 4. 1991 COLORADO From Carol Harding, Deputy Clerk to the Board Subject. Hearing Schedule If you have no objections, we have tentatively set the following hearing for the date of April 10, 1991, at 10:00 A.M. Docket No. 91-17 A Site Specific Development Plan and a Planned Unit Development for an 8 lot residential subdivision - Antelope Hills The above mentioned hearing date and hearing time may be scheduled on the agenda as stated above. BOARD OF COUNTY COMMISSIONERS ,dens-s9S271; r -fed �AiMa;' Si '��`23A 2 E 4/4 r I\ January 22, 1991 CASE NUMBER: S-312 APPLICANT: Antelope Hills, P.U.D. , c/o Gefroh Hattman, Inc. ADDRESS: 145 West Swallow, Fort Collins , CO 80521 REQUEST: A Site Specific Development Plan and a Planned Unit Development for an 8 lot residential subdivision. LEGAL DESCRIPTION: Part of the NWk of Section 13 , T6N, R67W of the 6th P.M. , Weld County, Colorado. LOCATION: East of Weld County Road 23 and south of Weld County Road 70; _ south of and adjacent to Antelope Hills Subdivision. THE DEPARTMENT OF PLANNING SERVICES STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 28.9 of the Weld County Zoning Ordinance. 2. The Planned Unit Development (PUD) plan application is in conformance with Section 28. 13 of the Weld County Zoning Ordinance: The proposal is consistent with the Weld County Comprehensive Plan. The PUD district was approved on June 20, 1990. The PUD plan conforms to the approved P.U.D. District. The Utilities Coordinating Advisory Committee reviewed and approved the utility plan map at a meeting on January 10, 1991. The uses , buildings, and structures permitted shall be compatible with the future development of the surrounding area as permitted by the existing zoning and with the future development of the surrounding area as projected by the Weld County Comprehensive Plan. The PUD plan conforms with the performance standards outlined in Section 35.3 of the Weld County Zoning Ordinance. The PUD plan 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 the request, and responses from referral entities . c 'a7 a�AA ti The Department of Planning Services' staff recommendation for approval is conditional upon the following: 1. Prior to scheduling this case before the Board of County Commissioners, the applicant shall: a. submit to the Department of Planning Services a ready-to-execute revised subdivision improvements agreement and a revised landscape agreement approved to form by a Weld County Attorney. b. amend the application materials to show all culverts within the subdivision to be no less than the equivalent of an 18 inch diameter pipe. c. submit to the Department of Planning Services a copy of the _ revised covenants approved to form by a Weld County Attorney. d. submit to the Department of Planning Services a copy of a suitable document, mutually agreed upon by the applicant and Windsor School District RE-4 to convey cash in the amount of $3,705 in lieu of land, to mitigate the expected impacts of this subdivision on the Windsor School District RE-4. e. submit to the Department of Planning Services and be ready to execute a revised plan approved to form by a Weld County Attorney and be ready to execute, for a pro rata share contribution to property owners that contributed to Antelope Hills Local Improvement District and Weld County Road 70 Local Improvements District. The plan shall include a schedule of proposed payment to contributing property owners of each district. 2. Within six months of approval by the Board of County Commissioners and prior to recording the PUD plan, the applicant shall: a. submit evidence to the Department of Planning Services that the approved subdivision improvements agreement and landscaping _ improvements agreement have been executed and collateral for the improvements has been accepted by Board of County Commissioners . b, provide evidence to the Department of Planning Services that the required law enforcement authority has been created and is in effect. c. provide evidence to the Department of Planning Services that the $3 ,705 contribution to mitigate expected impacts to Windsor School District RE-4 by this subdivision has been made. d. provide evidence to the Department of Planning Services the pro rata share contributions have been made to the contributing property owners of Antelope Hills Local Improvement District and Weld County Road 70 Local Improvement District. 3. A copy of the approved covenants shall be incorporated into the application materials and a copy shall be recorded as part of the PUD plan. LAND-USE APPLICATION SUMMARY SHEET Date: January 15, 1991 CASE NUMBER: S-312 NAME: Antelope Hills Planned Unit Development c/o Gefroh Hattman, Inc. ADDRESS: 145 W. Swallow, Fort Collins, CO 80521 REQUEST: A Site Specific Development Plan and a (PUD) Planned Unit Development Plan for an eight Lot Subdivision. LEGAL DESCRIPTION: Part of the NW} of Section 13, T6N, R67W of the 6th P.M. , Weld County, Colorado. LOCATION: East of Weld County Road 23 and south of Weld County Road 70, south of and adjacent to Antelope Hills Subdivision. SIZE OF PARCEL: 9.03 POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The criteria for review of this Planned Unit Development plat is listed in Section 28.13 of the Weld County Zoning Ordinance. LAND USE INFORMATION Total area 9.03 acres Detached Single Family Homes 8 Average Lot Size 1 .128 Access Weld County Road 70 to Siasconset Road Water North Weld County Water District Sewer Individual engineer designed septic systems P.U.D. Road Privately built Fire Protection Windsor/Severance Fire Protection District School. District RE-4 Windsor School District Police Protection Weld County Sheriff's Office A copy of comments from referral agencies are included in this summary packet. The Department of Planning Services' Staff has not received any objections to this request. S� FT•O��{{]],y `V�.4�,yA:J��.b " / I .7 -— is iy - i. • I ty 4: il."..--Ltru. : L • • • •▪ i C,t(C\�v,,' a✓omaa LaY I ° _ • _ [J 1 If • 2'- • ! '! a • Packard! i xo z. • ° xz e. i• !. xi I i xC,3,7 •° J• a T . 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F+ 44 '*• •� j t x 1,\, 1' X:, «! 1. . x ;• .kt ,Mix 44x+}}.- et. 4 ...'R.4 >.. t •i S •;),* 3.y T{ s_y xk 'fit 5 tc ' .. 3 .at thy it ,#.. i 1:n4c a • } 'F. s1 •,8 r ,, • • ki • x + .is 3 4 �� "1. e x t.: n C.. .ik t " "_ • 4 .. . ... • kt .Gx`,x.c#,Ys.s i:t' t.,a `4 a: Mk; t y r'. « 09r .. <9.00' .r .. . -'..' MINUTES OF THE WELD COUNTY UTILITIES COORDINATING ADVISORY COMMITTEE January 10, 1991 A regular meeting of the Weld County Utilities Coordinating Advisory Committee was held on January 10, 1991, at 10:00 a.m. , in Room 329, Weld County Centennial Center, Greeley, Colorado. The meeting was called to order by the Chairman, Doug Melby. Tape 10 MEMBERS PRESENT: Doug Melby Evans Fire Department Wanda Grage Central Weld County Water District Don Carroll Weld County Engineering Department Mike Johnson Greeley Gas Company Glenn Stokes Public Service Drew Sheltinga Weld County Engineering Department MEMBERS ABSENT: Steve Bagley City of Greeley Also present: Keith Schuett, Current Planner, Sharyn Ruff, Secretary, and Gefroh Hattman, applicant. A quorum was present. The minutes of the last regular meeting held on March 22, 1990, were approved as distributed. CASE NUMBER: S-312 NAME: Antelope Hills Planned Unit Development c/o Gefroh Hattman, Inc. REQUEST: A Site Specific Development Plan and a (PUD) Planned Unit Development Plan for an eight Lot Subdivision. LEGAL DESCRIPTION: Part of the NW} of Section 13, T6N, R67W of the 6th P.M. , Weld County, Colorado. LOCATION: East of Weld County Road 23 and south of Weld County Road 70, south of and adjacent to Antelope Hills Subdivision. The Chairman asked Keith Schuett to review the request of the applicant. The different agencies reviewed the plan and all concurred with the proposed plan. MOTION: Drew Sheltinga moved this request be forwarded to the Weld County Planning Commission and the Board of County Commissioners with the Committee's recommendation for approval. Motion seconded by Don Carroll. es J,y Me. The Chairman called for discussion from the members of the Committee. Discussion followed. The Chairman asked the members of the Committee for their decision. Motion carried unanimously. The second item of business was election of officers for 1991, to serve until December 31 , 1992, or the first meeting of the year in 1992. The Chairman called for nominations for Chairman. It was moved that Doug Melby be re-appointed as Chairman and Drew Sheltinga as Vice-Chairman for 1991. Motion was carried unanimously. The meeting was adjourned at 10:20 a.m. Respectfully submitted �wtui\k%.9- 4 Sharyn F. Ruff Secretary C'1 R F".? "6 FIELD CHECK FILING NUMBER: S-312 DATE OF INSPECTION: A - /( - 'id NAME: Antelope Hills Planned Unit Development c/o Gefroh Hattman REQUEST: Site Specific Development Plan and a Planned Unit Development Final Plan LEGAL DESCRIPTION: Part of the NW} of Section 13, T6N, R67W of the 6th P.M. , Weld County, Colorado LOCATION: Fast of Weld County Road 23 and South of Weld County Road 70; south of and adjacent to Antelope Hills Subdivision I -Y /7 ` S '4'.15. i `6 i - S /'�&' dt l / f(./ r / V , 7 . - ZONING: N 46iei , � E A6 g/c s MGle '` _ W /CV,42 / C... • COMMENTS: AA K Q it r ti ; (�: f f Ae ' -, By: L °,ek/ °1gen n'', ..,,.a /, 0 ,� , s tiIJi )1_,v0 Div 10 1990 y5�,Y�y yM� PNt� �oinIsMa 531P 4S,?rtq� !REIN y . RAM M Y. �..J..:. .S('efeJ,I' 0 DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000,EXT.4400 ' 91510th STREET GREELEY,COLORADO 60631 C. COLORADO December 4, 1990 Antelope Hills Planned Unit Development c/o Gefroh Hattman 145 W. Swallow Ft. Collins, CO 80521 Subject: S-312 - Request for a Site Specific Development Plan and a Planned Unit Development Final Plan on a parcel of land described as part of the NW} of Section 13, TEN, R67W of the 6th P.M. , Weld County, Colorado Dear Mr. Hattman: Your application and related materials for the request described above have been received by our office. I have scheduled a meeting with the Weld County Planning Commission on Tuesday, January 22, 1.991, 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. It is recommended that you and/or a representative be in attendance to answer any questions 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 City of Windsor Planning Commission and Town of Severance Planning Commission for their review and comments. Please call Janet Lathrop, Windsor, at 686-7476 and Roberta Haas, Severance , at 356-4000, extension 4289, for further details regarding the date, time, and place of this meeting. It is recommended that you and/or a representative be in attendance at the Planning Commission Meeting 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 January 10, 1991, you or a representative should call me to obtain a sign to be posted on the site no later than January 12, 1991. 1.��.� M Antelope Hills Planned Unit Development c/o Gefroh Hattman December 3, 1990 Page 2 The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County Planning Commission. It is the responsibility of the applicant to call the Department of Planning Services' office a few days before the date of the Planning Commission hearing to obtain that recommendation. If you have any questions concerning this matter, please feel free to call me. Respectfully, 7K� eith- A, chuetE " Current Planner c.'q1 r^cy ,w • ?LANNED UNIT DEVELOPMENT PLAN AFLL.ICATION Department of Planning Services, 915 - 10th Street, Greeley, Colorado , PHONE: 356-4000 Ext. 41,00 FOR PLANNING DEPARTMENT LSE ONLY: 1 CASE N0. .S !, APPL. FEE EC ZONING DISTRICT //://) RE CORDING F : DATE j - 71,/ /u T RECEIPT NO. APPL. CHECKED BY TO BE COMPLETED BY APPLICANT: tPrint or type only except for required signatures) : I (we) , the undersigned, hereby request a hearing before the Weld County Planning Commission concerning proposed subdivision of the following described unincorporated area of. Feld County. LEGAL DESCRIPTION: See attached. "-- 7((, I ; '1 j ` • 4. • iP 1 1990 E ` i�'4. ik . (If additional space is required;-attach an additional sheet of this same size.) NAME OF PROPOSED P.U.D. SUBDIVISION ANTELOPE HILLS P.U.D. EXISTING ZONING P.U.D. PROPOSED ZONING P.U.D. TOTAL AREA (ACRES) 9.03 AC N0. OF PROPOSED LOTS 8 LOT SIZE: AVERAGE 1 . 128 AC MINIMUM 0.875 AC UTILITIES: WATER: NAME NORTH WELD COUNTY WATER DISTRICT SEWER: NAME INDIVIDUAL SEWAGE DISPOSAL SYSTEMS ON SITE GAS: NAME PUBLIC SERVICE OF COLORADO PHONE: NAME U.S. WEST DISTRICTS: SCHOOL: NAME WINDSOR SCHOOL DISTRICT RE 4 FIRE: NAME WINDSOR - SEVERANCE FIRE PROTECTION DISTRICT DESIGNERS' NAME GEFROH HATTMAN ADDRESS 145 WEST SWALLOW, FT. COLLIMON E (303) 223-7335 ENGINEERS' NAME _ STEWART AND ASSOCIATES ADDRESS 214 NORTH HOWES STREET, FT. COLLINS, CO 80521 PHONE (303) 482-9331 FEE OWNER OF AREA PROPOSED FOR P.U.D. SUBDIVISION NAME EDWIN D. KADULB AND MARJORIE A. KADLUB ADDRESS 625 OAK STREET, WINDSOR, COLORADO PHONE NAME - ADDRESS PHONE NAME ADDRESS PHONE I hereby depose and state under the penalties of perjury that all statements, proposals. and/or plans submitted with or contained within this application are true and correct to the best of my knowledge. COUNTY OF WELD ) STATE OF COLORADO ) S gnature: er of Authorized Agent Subscribed and sworn to before me this Kam( 1 day of auLxv1 krit , 1970 . SEAL AKQ,..TA"\LL-Nr\ \CS\KA:j4 NOTARY PUBLIC My commission expires: cA /f 1 rj /4.6% €0449-026 . -�{iCDP5-78-1 GEFROH HATTMAN INC. ARCHITECTS/PLANNERS CONSTRUCTION MANAGEMENT 135 West Swallow Road Fort Collins, CO 80525 (303) 223-7335 October 24, 1990 Mr. Keith Schuett Current Planner Weld County Government 915 10th Street Greeley, CO 80634 RE: LANDSCAPING COVENANTS Dear Keith: We wish to propose a covenant/improvements agreement that outlines the various responsibilities of the Developer, the homeowner, and the County regarding landscape improvements for the subdivision. It is our understanding that the County wishes to be assured that the landscaping proposed for the subdivision will be completed and enforced. As Developers for the project, it is our intent that this work be com- pleted also with the development. We see one major problem with this aspect of the project and that is timing. As you know, a commercial P.U.D. project can be started and completed in a relatively short period of time while a residential pro- ject is typically phased over time. It is not our intention to build houses on a speculative basis but rather on a custom basis of a home built for a client. This requires a substantially longer period of time which we foresee lasting through the 1996 building season. Our landscape plan is quite extensive and will create a beautiful street scape when completed. The nature of each individual home do to owner' s program will vary greatly from lot to lot To predict where drives, home, shrub areas, and trees will be best placed without knowing exactly what the home looks like would be a mistake. The chances are very high that landscaping that is established would be removed to accommodate the in- dividual styling of each home. Therefore, we are proposing the following: A. That a landscape budget be set for each lot at this time. B. That an annual review for inflationary factor provide adjustment to this cost. C. That at time of sale of the lot, this landscapefee be deducted and placed in an escrow account to provide for the landscaping. D. That the homeowner be given nine months from time of occupancy per- mit to complete the landscaping for his lot. 4A 'o,. Mr. Keith Schuett October 24, 1990 Page 2 E. That if the homeowner does not complete this work according to the schedule, that the account be drawn upon by the Developer to complete the work. F. If the Developer fails to complete the work in an additional three months, the County may draw against the account to complete the work. This is our proposal to complete the landscaping on a phased basis as the work progresses and protects the County by guaranteeing the completion of the landscaping. Sincerely yours, GEFROH HATTMAN /, Fredric J. attman Vice President kam Etr d?*;a STEWARTMSSOGATES Consulting Engineers and Surveyors October 19, 1990 Meld County, PIannino Commission 915 10th Street Greeley, CO 80631 Gentlemen: This is to certify to you, that all of the boundary corners for Antelope Ili 11s P.U.D., situate in the Northwest of Section 13, Township 6 North, Range 67 West of the Sixth P. M. , Weld County, Colorado, were found or set on the ground under my supervision. Ail of the pins, set are inch steel pins with an orange plastic cat„ No. 5078. The three pins found are irich steel pins. Sincerely, /C-c an—e CG. (�C Richard A. Rutherford, P. L. & I.. S. President 1 k k l I o � p�, 111 s5u la�f 'IBC, ;14 n Ili-,:; Shr<°I w� .'r.1' R'2r^b Pl> Ga< ;Y9 rl Col'un C(lHot)7,, 3U.1 ti;'-9.131 Cn GEFROH HATTMAN INC. ARCHITECTS/PLANNERS CONSTRUCTION MANAGEMENT 135 West Swallow Road Fort Collins, CO 80525 (303) 223-7335 September 14, 1990 Mr. Keith Schuett 915 10th Street Greeley, CO 80634 RE: IMPROVEMENT DISTRICT N0. 1986-1 WELD COUNTY ANTELOPE HILLS LOCAL Dear Keith: The following is a summation of the cost to which the current land holders of Antelope Hills Subdivision One and Two are paying with respect to the internal development costs. Cost $27,029.68 Cost $ 1 ,039.60/Lot Our estimated cost for base, asphalt, and shoulder are $15,590.00. This works out to a cost of $1 ,948.75 per lot in our portion of the street which is $909.15 per lot more expensive than the first two phases. We suspect that a cost sharing from them of costs would not be forthcoming. We propose that we will assume our total cost of our internal street. Enclosed you will find copies of the resolution for this District 1986-1 . Sincerely yours, (177L-1 L Fredric Vice President kam enc. 4.1''..?1 t u}.gip- STEWART8,ASSOCIATES Consulting Engineers and Surveyors September 4, 1990 Mr. Ric Hattman Gefroh/Hattman, Inc. 145 West Swallow Road Fort Collins, CO 80525 Dear Ric: This is the estimated cost for the construction of Siasconset Road in Antelope Hills P. U.D. There is approximately 1665 square yards of asphalt and base roadway and 465 square yards of gravel base shoulders. The estimated cost is as follows: 1665 S. Y. of 3" asphalt + gravel base $13, 730.00 465 S. Y. of 6" gravel base 1 ,860.00 Total $15, 590.00 If you have any questions regarding this estimate, please call. Sincerely, 62:.,>4,,,„c. c. a��t Richard A. Rutherford, P. E. & L. S. President lkk James H.Stewart ,.; �!? and Associates, Inc 214 N. Howes Street PO- Box 429 Ft_Collins,CO 80522 3u3%482-9331 GEFROH HATTMAN INC. ARCHITECTS/PLANNERS CONSTRUCTION MANAGEMENT 135 West Swallow Road Fort Collins, CO 80525 (303) 223-7335 September 14, 1990 Mr. Keith Schuett 915 10th Street Greeley, CO 80634 RE: IMPROVEMENT DISTRICT N0. 1989-4 Weld County Road 70/Antelope Hills Dear Keith: We have retrieved from the County Commissioners' office copies of the resolution regarding this district. As you will note, the assessment to the homeowners was based on $16,000.00. We propose to join this district with our eight lots in addition to the original 26 lots. This would work out to a total of 34 equal assessments. This provides a cost of $470.59 per lot. We propose to pay this fee to the County at time of building permit for each individual lot. We are including copies of the resolution for your review. Sincerely yours, GEFROH HATTMAN � ( U Fredric J. Hattman Vice President kam enc. 41)1 s c)-) A GEFROH HATTMAN INC. ARCH TEC'TS>PLANNERS ( IT';TIIUCTION MANAGEMENT Swaiiow uit 'e '?"7',. October 18, 1990 Mr. Paul Felte ROULLARD LATERAL DITCH COMPANY Route #2, Box 75 Eaton, CO 80615 RE: ANTELOPE HILLS P.U.D. PROJECT #88-528 Dear Mr. Felte: We are plarwing a subdivision called Antelope Hills P.U.L'. which ex- tends South of the existing Antelope Hills P.U.D. We have included a couple of drawings which better defines our location. As you may notice on your maps , this property begins West of lined ditch as it crosses the Kadlub property. It is our understanding that there is a lateral that comes off your major lined ditch and follows along the upper face of Antelope Hills until it reaches the barrow ditch for County Road 70. We understand that this ditch is owned and controlled by the Kadlubs and is not part of your property, system, or maintenance program. The Weld County Planning Department is asking us to verify that your system in this area is limited to the lined ditch. If you could ver- ify this for me, it would be greatly appreciated. I will give you a call Monday, October 22 , 1990, to clearify any item relating to the project that I can. Sincerely yours, Fredric J. 'liattman Vice President kam enc. GFFROH NATTIMAM INC. ARCHITECTS/PLANNERS CONSTRUCTION MANAGEMENT ;a Wesi Rnaa CO 80525 2'2 3.733;) September. 14, 1990 Mr. Keith Schuett 915 10th Street Greeley, CO 80634 RE: IMPROVEMENT D 1 STR i CT N0. 1986-1 WELD COUNTY ANTELOPE HILLS LOCAL Dear Keith: The following is a summation of the cast to which Zhe current land holders of Antelope Hills Subdivision One and Two are paying with respect to the internal development cost's. Cost $27,029.68 Cost $ 1 ,039.60/Lot Our estimated cost for base, asphalt, and shoulder are $15,590.00. This works out to a cost of 51 ,948.)5 per lot in our portion of the street which is $909.15 per lot more expensive than the first two phases. We suspect that a cost sharing from them of costs would not be forthcoming. We propuse that we will assume our total cost of our internal street. Enclosed you will find copies of the resolution for this District 1986-1 . Sincerely yours, /• / J ! J f redr i c J.: Hattman V►,.Q President t:alT. evs e" STEWART ASSOCIATES Consulting Engineers and Surveyors September 4, 1990 Mr. Ric Hattman Gefroh/Hattman, Inc. 145 West Swallow Road Fort Collins, CO 80525 Dear Ric: This is the estimated cost for the construction of Siasconset Road in Antelope Hills P.U.D. There is approximately 1665 square yards of asphalt and base roadway and 465 square yards of gravel base shoulders. The estimated cost is as follows: 1665 S.Y. of 3" asphalt + gravel base $13, 730.00 465 S.Y. of 6" gravel base 1 ,860.00 Total $15,590.00 If you have any questions regarding this estimate, please call. Sincerely, 62.4-- c. altin-0( Richard A. Rutherford, P. E. & L.S. President lkk James H. Stewart "- and Associates, Inc. 214 N. Howes Street P0. Box 429 Ft.Collins,CO80522 303/482-9331 GEEROH HATTMAN INC. ARCHITECTS/PLANNERS CONSTRUCTION MANAGEMENT West :vvallor: Road F o+l Collins. CO 30525 (303) 223.7335 September 5, 1990 Mr. Ralph L. Nelm Operations Manager MISSION OIL CORP 1600 West First Street Loveland, CO 80537 RE: ANTELOPE HILLS P.U.D. Dear Mr. Nelm: Your letter of May 1 , 1990, indicates that you have some concerns that need to be addressed. Our revised plan, we believe, addresses these concerns and we wish you would review the plan and comment. We find that through our resolution of these items that no agreement involving us at this time is necessary. Our itemized conflict/resolution state- ments follow: 1 . 300 FT. Limitation - We have provided a 300 FT. buffer from the well bore to our east property line which avoids the possibility of conflict with a home placed closer than :300.0 FT. 2. Access - The dirt access road adjacent to the Roulard Lateral is not being changed. This access road is totally off the property to be dedicated to the P.U.D. This property is to remain in the ownership of the Kadlubs' . 3. Additional Features - No additional features such as fencing, gates, or safety equipment are being requested by the Developer or the County with respect to the Kadlub/Miller //2 Well . Privacy fencing on lots that boarder the subdiv k ion would naturally be at the ex- pense of the person installing the fence. 4. Additional Well Improvements - We are purchasing this land from the Kadlubs at full market value. The Kadlubs own all the land adjacent to your operation. If you are upgrading your operation, it needs to be at your expense. If additional land foroperations need to be ac- quired from the Kadlubs, that needs to be between the two of you. We are not a party to the mineral rights and you and the Kadlubs benefit from the well improvements. 5. Piping - We have located the natural gas line and have adjusted our property line to be separated by at least ten FT. from its centerline. We see no interface with your line. • Mr. Ralph L. Nelm September 5, 1990 Page 2 6. Repairs to Pipeline - We foresee no relocation of your gas line being necessary. We, therefore, see no need to repair it. If in the course of construction of the subdivision, improvements, we would accept responsibility for damage to your piping facility. Our im- provements are entirely on our property and the chances of any dam- age are minimal approaching non-existent. We think that through our re-deign that we have alleviated any inter- face between your operation and our proposed development. We see no need for there to be an agreement between us due to problems, that through design, we have mitegated. We hope you see this matter in a similar fashion. if you still have some concerns, please let us know, and we will work to solve them. Sincerely yours, GEFR HATTMAN re ric J. H t n Vice Presid t kam _ ';s:3'' Z. GEFROH HATTMAN INC. ARCHITECTS/PLANNERS CONSTRUCTION MANAGEMENT 135 West Swallow Road Fort Collins, CO 80525 (303) 223-7335 October 18, 1990 Mr. Keith Schuett 915 10th Street, Room 342 Greeley, CO 80634 RE: COVENANTS, ANTELOPE HILLS P.U.D. PROJECT # 88-580 Dear Keith: This note is added to the file to verify that prior to sale of any lots in our P.U.D. that we will file our covenants with the County's Clerk and Recording office to run continuously with the property for the length of time outlined in the covenants. We also understand that association charter documents setting up a Colorado Non-profit Corporation to operate the homeowner' s association will also need to be filed, recorded, and corpor- ate status issued prior to the sale of any lot in the P.U.D. We understand these requirements and will take the proper ac- tions to file the required documents prior to any land sales. Sincerely yours, d. � _ Fredric . Hattman Vice President ka m sl_"f 2 >; ANTELOPE HILLS P.U.D. PLANNED UNIT DEVELOPMENT PLAN SUPPORTING DOCUMENTATION LOCATION: Section 13, Township 6N, Range 67, West of the 6th P.M. WELD COUNTY, COLORADO P.U.D. PLANNING OBJECTIVES ANTELOPE HILLS P.U.D. PLANNING OBJECTIVES 28.5. 1 .2 CONCEPT: The generating concept of the P.U.D. with respect to land use is to provide a rural setting for single-family horses that attain the following goals. A. Provides manageable parcels of land for the land owner with respect to landscaping , water usage, and general upkeep. a. Parcels of land that are approximately one acre in size can be properly managed by the owner of the land. The owner can properly irrigate the land to give the property a good curb appeal without excessive costs . Landscaping a parcel of this size can have a coherent plan that compliments the home and the neighborhood. Lawn maintenance can be manageable without consuming the homeowner' s entire time. These aspects have been proven ;and are finely demon- strated by the existing Antelope Hills subdivision. B. Provide housing in close proximity to personal services and govern- mental services . a. With the towns of Windsor and Severance within two miles and one mile respectively the service needs of the homeowners can be at- tended to without great expenditures of time and resources. Travel time to town is within minutes, while most areas of Greeley can be reached within 20 minutes of driving . C. Provide housing where existing public utilities exist . a. Currently public utilities of water and natural gas are stubbed to the site at Siasconset Road. Telephone cabling is currently pro- vided behind each lot. Paved street extends from the property to major arterials of the county. The infra-structures of suburban living are in place and underutilized. D. Provide housing in close proximity to major employment centers. a. Opportunities for employment are within three miles of the site with Kodak, container- corporating, and can manufacturing facility all located on the east side of Windsor. E. The project utilizes underutilized land and does not destory valuable farm land. a. The land that this project is proposed to occupy is currently dry- non agricultural land. This land currently and in the future has little or no agricultural value even if water was available due to soil types . The current revenues from taxes is minimum at this time. Development as residential uses would generate the highest and best usage of the property from both public and private advan- tage points. F. The project attaches to an existing residential district of high quality. The current Antelope Hills and Kennedy subdivisions, both of which are in this quarter section are high quality residential areas. r V31.4 a -.. ANTELOPE HILLS P.U.D. PLANNING OBJECTIVES Page 2 this project will incorporate similar features to these two high quality areas to maintain the high standard and value that is per- ceived by the public. The architectural style will be of a compatible nature to the land use concept and the existing character of the residential areas that surround the P.U.D. Homes of one and two story character of high quality constriction can be found in the neighborhood. The P.U.D. will strive to equal or surpass the quality of construction currently found in Antelope Hills subdivision. 28.5. 1 .3 COMPREHENSIVE PLAN The project fulfills many of the goals and objectives set out by the County's current comprehensive plan. The agricultural goals and policies are of prime importance and are achieved by this project by fulfilling Item One, Two, Four, and Six. The other four criteria are incompatible with the existing approved uses that boarder this property. Our project maintains agricultural uses in the County by not removing any productive property from agricultural production. Currently the property is taxed at an extremely low rate based on dry, non-productive land. The agricultural land that is adjacent to our project is physically separated by man-made structures such as service roads, irrigation laterals , and irrigation ditches. This separation keeps the two uses from direct inter- face, reducing the possibility of crop damage or disruption of agricultural business. The property is located within the defined boundaries of the urban growth boundary as defined by the County and the Town of Windsor. the property is contiguous and adjacent to a successful County subdivision that has no additional lots available. This property was originally planned along with the First and Second Filings of Antelope Hills Subdivision as a Third Phase. A preliminary plat for this phase was previously approved. Subsequent to this planning effort the regulations have been revised leading us to this application. The extension of this project in the fashion is a logical progression of the development. No additional tax consequence to the County for the• required public services required by the project are anticipated. All necessary services are existing to the site that are required for development. With the necessary infra-structures in place, development is a logical progression for this property. The potential revenue to the County is significant . Eight single-family homes and lots with potential evaluations of $125,000.00. or more will generate substantial sums for the County in place of acreage set a side as dryland. The soils mapping information previously submitted attests to the dryland nature of the property and its limited agricultural value. On-site inspec- tion bears this information out to be true. The land is sparsely vegetated and is moderate to steep terrain making it limited in desirability as agri- cultural land. The possibilities of providing the property with irrigation would be cost prohibited due to the need to obtain water rights, and provide ANTELOPE HILLS P.U.D. PLANNING OBJECTIVES Page 3 mechanical means to water delivery due to the topography. The lateral that could serve this property is below the property in elevation. These features point out the non prime agricultural nature of the property and point to utilization as residential property as being a higher yielding use. At the sketch plan review stage a comment was received from the Sheriff' s Office with regard to added strain to service delivery system. At this time the Antelope Hills Subdivison and the Kennedy Subdivison consist of a total of 35 home sites in this quarter section. Currently the Sheriff' s office would be making calls to the area on a demand/call basis. Our plan would add essentially 23 percent more homes to this area. Due to the nature of the development, we see no major or significant change in the demand for services over and above what is currently provided. Being lo- cated in a designated urban growth area and adjacent to an existing suburban residential onclave, we would suggest that a neighborhood watch system be provided in this area to help combat the potential of burglary in the area. If the Board determines another method of providing added ser- vice for this area is needed, renumeration to the County should be based on a per lot basis at such time as occupancy of the home occurs. With respect to mineral extraction, the rights for this quarter section are controlled by Mission Oil of Loveland and operated by Windsor Gas. No additional wells are planned which would affect the residential property outlined by this petition. We have discussed with the gas company a method of resolving any conflicts that may exist and have outlined under separate cover from them methods of resolving any unforeseen problems . Public utilities and services such as water, paved roads, fire protection, and schools are adequately provided by local authorities who are currently servicing the. area. No hardships are anticipated to result from this minor addition to the, current quality of these services. No major expan- sion of services is expected or warranted by this project of eight single- family homes. The urban growth area of Windsor is the sphere of influence involved with this project. At the sketch phase they expressed no conflict with the interest of the town. The property is not subject to annexation at this time. The goals and policies of the County with respect to this urban growth area reinforce the criteria already achieved by addressing the agricul - tural needs of the County. The County is anticipating growth in these areas. With the services currently provided and underutilized, this project is a logical and orderly expansion of the residential needs of the area. Developing a residential P.U.D. within the Count/ and within the Windsor urban growth area provides the public with the opportunity for a variety of home environments to choose from. The intention of this plan is to provide high quality suburban living on parcels of ground that are approximately one acre. This allows for a high level of quality due to the significant amount of private open space that will exist on each lot. Most every lot will have 75 percent to 80 percent open space. Personal controllable open space will allow for a high level of maintenance and lead to a richer aesthetic and monitary value for the public. (Al r .-"f9ro s ANTELOPE HILLS P.U.D. PLANNING OBJECTIVES Page 4 The environment that we are striving to achieve we think is unique among County subdivisions with the services that are provided such as paved streets, public water, public fire protection , natural gas, telephone, and on-site landscaping package. These featureswill deliver a package to the County and public that is superior with respect to single-family development. 28.5. 1 .4 USE COMPATIBILITY All of the uses within the P.U.D. are consistent. Our request is for eight single-family lots on nine plus acres. Each lot is essentially the same size with each home being programmed to be in the same price range and approximately the same size. 28.5. 1 .5 USE COMPATIBILITY The uses within the P.U.D. will be compatible with the uses surrounding the property. To the north and northeast of this property is the existing Antelope Hills subdivision. This property is bounded on the east by a dryland field of approximately six acres which has a gas well located 300± feet from our east boundary. This property being essentially passive open space presents no competing use. To the south and west of the property is irrigated farm land. Typically this property has been planted with corn or beans. The property is physically separated from this agricultural use by a 20 foot access road and a private irrigation lateral which is served from the Rouland lateral and is another 10 foot in width. This physical separation provides a good buffer zone between the uses, keeping them separated and making the uses compatible. 28.5. 1 .6 USES No commercial uses are planned within this P.U.D. This project is being planned as a residential P.U.D. The homes may vary in size from 1800 square feet to 4000 square feet in size. Each home may be up to 35 feet high. A minimum of a two-car garage will be provided for each home site. 28.5. 1 .7 OPEN SPACE No public open space is to be provided. Private open space is planned to be provided on each lot for the personal use of each homeowner and the aesthetic passive enjoyment of all the residents. Each lot will maintain 75 percent to 80 percent minimum open space. 28.5. 1 .8 WATER SOURCE The P.U.D, district is to be served with public water provided by the North Weld County Water District. The district has indicated that adequate pressure and excellent quality will be provided to this property. 28.5. 1 .9 SANITATION Sanitation will be handled on a lot-by-lot basis by means of private indi- vidual septic systems. These systems will be professionally designed to meet or exceed the requirements of the County.ond State Health Departments. ANTELOPE HILLS P.U.D. PLANNING OBJECTIVES Page 5 28.5. 1 . 10 TRANSPORTATION SYSTEMS The main arterial system that serves this site is State Route 392 which takes traffic in an east/west fashion. For travel from the site to Windsor, Greeley, or the Interstate this road would be taken. To circulate to the site two collector roads need to be taken. The first street is County Road 23 which intersects State Route 392• This is a paved improved street. This road provides north-south transportation with a southern route taking you to State Route 392 and a northern route taking you to Severance. County Road 70 intersects with County Road 23. County Road 70 extends east to west. Taking the east route which is paved, you will come to the intersection of Siasconset Road which is a local street within the existing Antelope Hills Subdivision. This road is paved con- tinuously to the end of the subdivision. It is from this point that we will continue Siasconset Road to serve all of our lots ending in a cul -de- sac total within the property. The entire Siasconset Road will be paved matching in width and design the existing street found within the Antelope Hills Subdivision. 28.5. 1 . 11 SOILS A soils study and survey has been prepared by professional engineers. It is their findings that the property has proper soils characteristics for supporting home construction, road construction, and sanitation needs. 28.5. 1 . 12 RESOURCES Our soils study indicates that there are no significant deposits of sand, gravel , or other resources that can be economically recovered. In re- viewing County maps the property is not within areas of known recoverable resources. 28.5. 1 . 13 FLOOD HAZARD This property is not identified as being in a flood hazard area as defined by the official maps adopted by Weld County. 28.5. 1 . 14 GEOLOGIC HAZARD This property is not identified to be within an geologic hazard area as defined by the official maps adopted by Weld County. ANTELOPE HILLS P.U.D. LEGAL DESCRIPTION A tract of land situate in a part of the Northwest 1/4 of Section 13, Township 6 North, Range 67 West of the Sixth P.M. , Weld County, Colorado, which considering the North line or the said Northwest 1 /4 as bearing N 88°59'02" E and with all bearings contained herein relative thereto is contained within the boundary lines which begin at a point which bears S 00°16'27" E 1687.64 feet to a point on a line that is parallel with and 20.00 feet Northerly and Easterly of the Roulard Lateral Irrigation Ditch, and again S 62°00'50" W 126.06 feet along said parallel line, and again N 76°04'03" W 138.38 feet , and again S 69°29' 14" W 211 .00 feet , and again N 87°43'28" W 239. 15 feet , and again S 84°34' 13" W 248.30 feet and again N 77° 18' 10" W 78.56 feet , and again again N 11 °12 '00" E 90.52 feet from the North 1/4 corner of said Section 13 and run thence along a line that is parallel with and 10.00 feet Northerly of an exist- ing gas line S 75°03'00" W 169.34 feet to a point the Northerly and East- ly line of the access road along the Roulard Lateral Irrigation Ditch; thence along said line N 77°18' 10" W 41 .75 feet , and again N 63°14'25" W 94.25 feet , and again N 47°38'42" W 83.78 feet , and again N 26°48'57" W 92.66 feet , and again N 21 °17'08" W 208. 10 feet, and again N 17°43'02" W 344.63 feet; thence N 73°56'33" E 301 . 10 feet to a point on the Easterly right-of-way line of Siasconset Road; thence along said line N 16°03'27" W 75.28 feet; thence N 73°56' 33" E 296.75 feet; thence S 12°23'00" W 199.55 feet ; thence S 16°03'27" E 196.00 feet; thence S 80°16'27" E 109.12 feet; thence S 11 °12'00" W 515.08 feet to the point of beginning, containing 9.0300 acres, more or less. REFERRAL LIST NAME: Antelope Hills Planned Unit Development CASE NUMBER: S-312 REFERRALS SENT: December 3, 1990 REFERRALS TO BE RECEIVED BY: December 17, 1990 COUNTY TOWNS and CITIES l-'1( Attorney Ault ^ ✓�C Health Department _Brighton Extension Service Dacono ^ Emergency Management Office _Eaton 1 Sheriff's Office Erie Engineering - Evans Housing Authority Firestone ! Airport Authority _Fort Lupton _ Building Inspection _Frederick _Garden City STATE Gilcrest Division of Water Resources - Greeley _ _Geological Survey Grover Department of Health Hudson Highway Department Johnstown Historical Society _- Keenesburg Water Conservation Board Kersey � T—Oil and Gas Conservation Commission _La Salle Lochbuie FIRE DISTRICTS - Longmont Ault F-1 Mead Berthoud F-2 Milliken _ Brighton F-3 _New Raymer _Eaton F-4 _Nunn Fort Lupton F-5 __-�,CC Platteville l Galeton F-6 ✓X Severance Hudson F-7 74C-Windsor _ Johnstown F-8 _ La Salle F-9 COUNTIES Longmont F-10 Adams _ ^ Milliken F-11 _Boulder _ Nunn F-12 Larimer _ Pawnee Platteville F-13 FEDERAL GOVERNMENT AGENCIES Platte Valley F-14 US Army Corps of Engineers _ Poudre Valley F-15 USDA-APHIS Veterinary Service Raymer Federal Aviation Administration Southeast Weld F-16 _Federal Communication Commission X Windsor/Severance F-17 _Wiggins F-18 Western Hills F-20 SOIL CONSERVATION DISTRICTS Brighton _ OTHER � Fort Collins X Central Colo. Water Conservancy Dist. //x Greeley Panhandle Eastern Pipe Line Co. Longmont ____ Planning Commission CeCat; West Adams �'�.�.;,�,i JX—North Weld County Water District X Mission Oil Inc. COMMISSION/BOARD MEMBER 71---Roullard Lateral Ditch Company ✓k Jean Hoffman 7X -RE-4 Windsor School District 1 \� mission oil corporation 7600 west first street•loveland,coloredo 80537•telex: rca 284909•telephone 303/6694885 r/ ' � JAM 5 tj 19yi January 28 , 1991 Weld Ce Ph** aim Fredric J. Hattman Vice President Gefroh Hattman, Inc . 145 West Swallow Road Fort Collins, CO 80525 Re: Planned Unit Development Re-Zoning Application Antelope Hills P.U.D. Portion of the NW/4-13-6N-67W Weld County, Colorado Dear Mr. Hattman: In regard to the above referenced property, please find enclosed duplicate originals of the fully executed Agreement entered into by Mission, Brooks, Kunkel and Gefroh Hattman. Upon approval of your Planned Unit Development Application, please record this Agreement in the public records of Weld County, Colorado, and provide both Mission and Brooks with a recorded copy of same . Your cooperation in this matter is appreciated. Yours truly, JI Wit h2- I Gfy N"-'C OLArd' aUld Denise Andrews Enclosures cc : Brooks Exploration, Inc . 621 17th Street , Ste. 2255 Denver, CO 80293 Keith Schuett Weld County Planning Department .r A ql 915 10th Street Greeley, Colorado 80631 WIND5.JR REAL ESTATE LJMPANY MARJORIE A.KADLUB,Owner-Broker Day or Evening: 424 Main St. (3O3)686-2437 Windsor,CO 8O55O We agree that in the matter of the sale of Antelope Hill property to Duane Kunkel , Fredric J. Rottman and James A. Gefroh by Edwin D. and Marjorie A. Kadlub, some in- creased rain drainage may enter an irrigation ditch that still will be on land owned by the Kadlubs. Buyers will provide their own large pipe/small culvert as needed under the field road, leaving the road in con- dition for and the pipe or culvert strong enough for the road's use by farm and oil trucks. Buyers agree that in event of crop damage attributed to this increased drainage, i .e. traceable to more ditch overflow than usual for the same amount of rain, the buy- ers will bear the cost of enlarging the ditch or otherwise solving the problem. In case of this unlikely damage by drainage, rainfalls will be compared with those of two previous years as recorded by weather observers. This agreement is valid only when, signed by all the above named buyers and sellers. �� - 4,? <_a_ctaj,____ Lei-. �. ji< Edwin D, Kadlub / r�, Duane Kunkel ^�c ._\ ( l A)- F edric J. H tman:A:::-- MarjorieA.:Kadlub amesloA. Gefro a.. . ii-__________'' ia ,,e-, .„0, . , 4 i U to 0 : 1550 i ..\1 y mfi r,ti Vl'omosnk „U111n,ls-Ai: Specializing in Commercial and Industrial Reai Estate UNITED STATES SOIL CONSERVATION 4304 W. 9th Street Road DEPARTMENT OF SERVICE Greeley , CO 80634 AGRICULTURE West Greeley Soil Conservation District 4303 W. 9th Street Road Greeley , CO 80634 December 18 , 1990 Dear Supervisors: I reviewed the proposed Antelope Hills Planned Unit Development . A site visit was made on December 17 , 1990 . The site is currently in grass . The soils are identified as having slight to moderate limitations for the proposed use because of slope and depth to bedrock . These type of limitations do not prevent residential development , but can be accomodated in the structure design . The main concern I would have is that adequate percolation tests be conducted to correctly size the septic systems . Any seepage from the septic systems will probably drain into the Poulard Ditch . Since the County Health requires on-site percolation tests , this may not be a concern that the SCD needs to be involved with . The proposed development doesn ' t occur on prime or important farmlands and appears to be compatible with surrounding landuse . Frank R. Riggle GL46....„ge,ez4. C( District Conservationist n Ri I T 1 i '�. 4 4 /.v Ji r''')9 44A� MEMORAnDum Keith Schuett, Planning Department December 26 \19 \ To Date COLORADO Fmm Drew Scheltinga, Engineering Department Antelope Hills PUD - S-312 subject The application materials are complete and well prepared. The following three items should be addressed: 1. The 12" culvert under Siasconset Road at Station 1+63 should be increased to an 18" culvert. This is from the standpoint of maintenance as opposed to a requirement for the volume of drainage. The small culvert sizes have a much higher tendency to clog and create problems. 2. The proposal for the newly created lots to pay an even share toward the improvement district for Road 70 seems fair. The legal aspects and mechanics of the proposed agreement should be reviewed by the County Attorney's office. The Board of Weld County Commissioners will have to accept the proposal during the hearing process. 3. The Geotechinal Report dated February 8, 1990, by Empire Laboratories, Incorporated, cites problems that should be addressed. The report indicates the sandstone-siltstone bedrock is only three to six feet below the surface and exhibits slight to moderate swell potential. Also, the sandy, clay silt on top of the bedrock exhibits slight to moderate swell potential. These two conditions create potential problems for foundations and septic systems. The recommendations in the soils report should be incorporated into the requirements of the PUD. cc: Planning Referral File ( tt Antelope Hills PUD S-312 13C0 I WCId Cu, vbirk,ak aitiosaiw '0 EDUCATION FOR LIFE 4W N DSOR James R. Raffle. Ed. D. Superintendent of Schools December 18, 1990 Mr. Keith Schuett Weld County Department of Planning Services 915 10th Street Greeley, CO 80631 Dear Mr. Schuett: The Weld County School District RE-4 Board of Directors has met and discussed the proposed expansion of the Antelope Hills subdivision in light of the county subdivision regulation 8-15 allowing for the dedication of land for public purposes. Since the need for schools is a unique public purpose, we would like to formally request consideration in this letter for dedication of land and/or cash in lieu of land for the purpose of escrowing money to purchase school sites in the future. The school district is continuing to grow at a steady rate, and new schools will be necessary in the not too distant future. Because of the fact that school sites will in all likelihood not be located within any one subdivision, we would expect it to be most convenient to have cash in lieu of land. As such, the district has developed a formula based upon several criteria which has established the cost per housing unit for land and buildings for the school district. Considerations are: Number of students per house at various levels, derived by determining the total housing units in the district divided by the number of students at each level ; the amount of land needed for each type of school ; and the cost of land within the area most likely used to build schools. I am attaching a formula printout which deals specifically with the Antelope Hills project. As you can see, the cost per housing unit for school land is $463.13. Total for the eight units is $3,705.00. It appears that our formula is specifically generic to school issues. The county formula may also be used to determine the required fee, given the fact that land purchased for schools will most likely be in a high density area where land costs could be higher. I would be happy to discuss this issue further with you. We hope that by escrowing these funds, we will be able to continue to provide quality educational facilities for our district's students. Sincerely, ~ _. Di 2,1 J�'�. t Dr. Bill Nelson Administrative Assistant `''� .' �' trIU r C, dw ^,;'5 y1 L.hL r,. „h!f€llasSttl Enc. Di WELD COUNTY SCHOOL DISTRICT REA '3..-ec-, . 1020 Main Street • P.O. Box 609 . Windsor, CO 80550 . (303)686-7411 Antelope Hills Subo , �ision Project Part One Student Elem MS HS Grand Impact Unit Type #of DU Rate Total Rate Total Rate Total Total Sing Fam 8.00 0.48 3.84 0.21 1 .68 0.21 1.68 7.20 TH/Condo 0.00 0.17 0.00 0.08 0.00 0.02 0.00 0.00 Totals 8.00 3.84 1 .68 1.68 7.20 Part Two Facility & Land Requirements Enrol Capac Number Acres perpup Total Elementary 3.84 300.00 0.0128 10.00 0.0333 0. 1280 Mid School 1.68 600.00 0.0028 20.00 0.0333 0.0560 High School 1.68 800.00 0.0021 30.00 0.0375 0.0630 Total 7.20 0.2470 Part Three Impact Computation A. Land Use Total Land Required 0.2470 Amounted of Dedicated Land Total Due District 0.2470 Cash In Lieu Amount 3,705.00 Land Fee Per Unit 463.13 B. Improvements 1. Total Facility Need a. Elementary 0.0128 b. Middle School 0.0028 c. High School 0.0021 2. Facility Cost a. Elementary 38,400.00 b. Middle School 22,400.00 c. High School 29,400.00 d. Total 90,200.00 3. Annual Cost 4,510.00 4. Pay in lieu of 6,765.00 Taxes 5. Unit Cost 845.63 Total School Fee 1 ,308.75 per Unit Page 1 -C'a?3. 46icit MEMORAnDum wokKeith Schuett December 12 , 1990 To Date COLORADO From Lee D. Morrison, Assistant County Attorney Antelope Hills PUD subject: I have the following comments but reserve the opportunity to make further comments as appropriate: 1 . The proposed agreement with respect to the existing Local Improvement District does not guarantee contribution until building permits issue (which could be at any time) . The best situation to insure payment and timely reimbursement to those who paid to pave the roads would be to require the reimbursement prior to recordation o£ the plat and put a time limit on recording the plat . The uncertainties of when payment would be received under any other scenario could mean increased administrative difficulties in reimbursement and a decrease in the actual value of the reimbursement over time. Additionally, the obligation as proposed would not technically be a special assessment, unless a new local improvement district is created, would fall behind any existing encumbrances in priority and may be uncollectable. I recommend that there be reimbursement directly by the developer to those who have already paid for the roads. I also suggest a review of the fact that the developer appears to propose not to contribute toward the internal paving of the existing subdivision. With respect to the collateral agreement, I recommend striking paragraph ? .2 and all of paragraph 5 as not applicable. The landscape improvements agreement needs clarification if the developer intends to escrow funds for each lot even though the work is to be performed by the lot owner. I would recommend that the guarantee be secured with the developer prior to recording the plat. Mfr k ee D. Morrison Assistant County Attorney LDM: sa piCi� '1ci\vo O `"" 1 Y 1in 990 *Ng 11 t voDkm .dour 44,, 5- - , .40.1-„ MEMORAnDUM Wine Keith o Schuett Weld County Planning Date December 17, 1990 To _ COLORADO From Wes Potter, Director, Environmental Protection ServicesIllJ Case Number: S-312 Name: Antelope Hills P.U.D. suniac.: Environmental Protection Services has reviewed this proposal and recommends for approval, subject to the following conditions: Weld County Septic Permit is required for the proposed home septic systems and shall be installed according to the Weld County Individual Sewage Disposal Regulations. Due to shallow overburden and the close proximity of bedrock to the surface, engineer designed systems will be required in some locations. WP930/dgc _r 11 i w l w ",fi R'b t::ra nk 414a1S aub � ll Ago ar, DEPARTMENT OF PLANNING SERVICES r.-:. - _ __--\ U F;ICt. DILL, UNDEhSIILRIFF= �l_� A,7 . ;. �� ,.: , lje G 4WELD COUNTY SHERIFF 'S OFFICE II C. ' �9C/(� f;REE:Lk_Y, CO Elii6=,i CASE NUMBER S-312 COLORADO Weld Co. WImlSsipFF December 3, 1990 TO WHOM IT MAY CONCERN: Enclosed is an application from Antelope Hills Planned Unit Development c/o Gefroh Hattman for a Site Specific Development Plan and a Planned Unit Development Final Plan. The parcel of land is described as part of the WWI of Section 13, 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 east of Weld County Road 23 and south of Weld County Road 70; south of and adjacent to Antelope Hills Subdivision. 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 December 17, 1990, so that we may give full consideration to your recommendation. Please call Keith A. Schuett 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 i26:(61. ur interests. �,�.i4:(.d/= EA) ��1, 611%PesiA Ole jufni T..5 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. lle e refer to the enclosed letter. _ Sig/ Signed: - Agency: 4/ ( Rf me 3r't Date: , / 77 ,,/ 9t DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000,EXT.4400 ir ci: 915 10th STREET GREELEY,COLORADO 80631 III C. CASE NUMBER S-312 COLORADO 0eal; t_i;gat\V/ :_ 'December 3, 1990 1 7 1990 ,_._ -__ -et— TO WHOM IT MAY.CONCERN: &IR Cit.. V136MUtll't< ammosswi Enclosed is an application from Antelope Hills Planned Unit Development c/o Gefroh Hattman for a Site Specific Development Plan and a Planned Unit Development Final Plan. The parcel of land is described as part of the NW4 of Section 13, 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 east of Weld County Road 23 and south of Weld County Road 70; south of and adjacent to Antelope Hills Subdivision. 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 December 17, 1990, so that we may give full consideration to your recommendation. Please call Keith A. Schuett 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 followina 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: (n� rt.-,-n 55..^y Please refer to the enclosed letter. L Signea idal Atv Agency: A900/4141/Atari / k;,,eJ 6,. Date; Aa_ /e),15 A •201 Ill�- i+ DEPARTMENT OF PLANNING SERVICES pEv PHONE(303)356-4000,EXT.4400 91510th STREET GREELEY,COLORADO 80631 11111 C. wem 14.Fiala CNIMISSKID CASE NUMBER S-312 COLORADO December 3, 1990 TO WHOM IT MAY CONCERN: . Enclosed is an application from Antelope Hills Planned Unit Development c/o Gefroh Hattman for a Site Specific Development Plan and a Planned Unit Development Final Plan. The parcel of land is described as part of the NW} of Section 13, 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 east of Weld County Road 23 and south of Weld County Road 70; south of and adjacent to Antelope Hills Subdivision. 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 December 17, 1990, so that we may give full consideration to your recommendation. Please call Keith A. Schuett 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. signe f ( /Di�_ Agency: h IV �t(/jf,�iteit Date: 4- /a-9© JJ ,/,' 91.02:94 it_ 13IU '6.; 1 195 DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000,EXT.4400 91510th STREET *Id Ch. #>)adurrt,, . Unk«,s I, GREELEY,COLORADO 60631 IlliC. _ CASE NUMBER S-312 COLORADO December 3, 1990 TO WHOM IT MAY CONCERN: Enclosed is an application from Antelope Hills Planned Unit Development c/o Gefroh Hattman for a Site Specific Development Plan and a Planned Unit Development Final Plan. The parcel of land is described as part of the NW4 of Section 13, 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 east of Weld County Road 23 and south of Weld County Road 70; south of and adjacent to Antelope Hills Subdivision. 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 December 17, 1990, so that we may give full consideration to your recommendation. Please call Keith A. Schuett 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: Y 5. Please ref r to the enclosed letter. L/%Gry�BI� Signed l �� V Agency: (----Lit, Date: I 81-0(29,9, tl rat DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000,EXT.4400 915 RECEIVED OLORADO 80631 10th STREET G REELEY,COLOR 111 lie DEC 6 ma COLORADO C0L0.0'L&GASC0NS COMM.CASE NUMBER S-312 December 3, 1990 Air „ y jy ) III i� TO WHOM IT MAY CONCERN: kid Lb. Plathun u�nulsaa: Enclosed is an application from Antelope Hills Planned Unit Development c/o Gefroh Hattman for a Site Specific Development Plan and a Planned Unit Development Final Plan. The parcel of land is described as part of the NW} of Section 13, 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 east of Weld County Road 23 and south of Weld County Road 70; south of and adjacent to Antelope Hills Subdivision. 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 December 17, 1990, so that we may give full consideration to your recommendation. Please call Keith A. Schuett 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: 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. lease re r to the enclosed //letter. /D /� Signed:" a„,/�..4,46 , Agency: CJ/L t 6746 C.ON5 , Co7477l, Date: /02 I0 9O Cs a e._ • ti DEPARTMENT OF PLANNING SERVICES i-; PHONE(303)3564000,EXT.4400 1 r 91510th STREET I GREELEY,COLORADO 80631 II4 Lk; 1 ") 1990 COLORADO P)'1Yoft .minms ,, CASE NUMBER S-312 December 3, 1990 TO WHOM IT MAY CONCERN: Enclosed is an application from Antelope Hills Planned Unit Development c/o Gefroh Hattman for a Site Specific Development Plan and a Planned Unit Development Final Plan. The parcel of land is described as part of the NW} of Section 13, 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 east of Weld County Road 23 and south of Weld County Road 70; south of and adjacent to Antelope Hills Subdivision. 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 December 17, 1990, so that we may give full consideration to your recommendation. Please call Keith A. Schuett 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. )K, 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. P e ref the enclosed letter. /� )) /��J / J /y//�/�, Signe Agency: /!/�.Pir/l/ 6(/,CGU f � Gd47itre 127-- Date: /o 7.) at.(.1 . 1 s 'r✓�T'y sicfit: cS too 1234ge DEPARTMENT OF PLANNING SERVICES ? PHONE(303)356-4000,EXT.4400 i S� 91510th STREET Orn es GREELEY,COLORADO 80631 O . C(, °‘k ttet ill CVCOLORADO -e��.y/�� s�tr��y CASE NUMBER S-312 lli(,� \ ' t December 3, 1990 �l, 2 6 4N' • ,' i ___ r TO WHOM IT MAY CONCERN: r.- 'f,°S 4v. Enclosed is an application from Antelope Hills Planned Unit Development c/o Gefroh Hattman for a Site Specific Development Plan and a Planned Unit Development Final Plan. The parcel of land is described as part of the NW} of Section 13, 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 east of Weld County Road 23 and south of Weld County Road 70; south of and adjacent to Antelope Hills Subdivision. 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 December 17, 1990, so that we may give full consideration to your recommendation. Please call Keith A. Schuett 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._,yr... 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 t I cG�:. letter. c Signed:ifea,, J � W. Agency: QS'F OY(D(Cy 59 � I 9t4apj,,a DO/ Date: 1„9._ — 2-® 6 D / ?g,-i /`°1'. x - /7,0 404 ftexJ ;tit, ..✓ tsar/0447 *e mat a-ea:Eva, zeze,grezeiaa&envoiet--2reW noPAW/ /942ed 7W do- /«l-6 if e,, led 7)-- 4.9-719', a d . n6/S �1( {, ,I,, J : 01.029 STEWARTgASSOC[ATES Consulting Engineers and Surveyors November 2, 1990 I :, I Mr. Keith Schuett - 1 f . Weld County Planning Dept. j ' 915 10th Street '' Greeley, CO 80634 Dear Keith: This is regarding the storm water runoff developed in Antelope Hills P.U.D. situate in Section 13, Township 6 North, Range 67 West of the Sixth P.M. , Weld County, Colorado. The area of the P. U. D. is 9.02 acres and using a runoff factor of 0.2 for the historic runoff from the undeveloped land, the quantities of runoff are as follows: Historic Q — 2 yr. = 3.25 c.f. s. Historic Q — 10 yr. = 5. 78 c.f.s. Historic Q — 100 yr. = 11 .96 c.f. s. The average lot size is 1.0 acre and using 6500 square feet of impervious surfacing per lot, the runoff factor increases to 0.3 for the developed runoff. The developed runoff quantities are as follows: Developed Q — 2 yr. = 4.61 c. f. s. Developed Q — 10 yr. = 7.86 c.f. s. Developed Q — 100 yr. = 16.25 c. f. s. Due to the low density, the increase of storm water is low. The facilities in the P. U.D. were designed for the two year developed storm. The lots on the Westerly side of Siasconset Road will continue to sheet flow to the Roulard Lateral after development, therefore, there is no concentrated points of discharge. The lots on the Easterly side of Siasconset Road discharge through a 12h pipe under both Siasconset Road and the Roulard Ditch road. The development of the eight large lots do not impact any adjacent property due to storm water discharge. The Roulard Lateral ends at the Northwest corner of Antelope Hills. Any flow left in the Lateral discharges into the borrow ditch on the South side of the County Road. The Roulard Lateral is privately owned adjacent to Antelope Hills P.U.D., and the owners have agreed to the storm water runoff entering the Lateral. The Roulard Lateral is of sufficient size to carry the increase of runoff due to development. The discharge will not cause erosion to the Roulard Lateral . James H. Stewart and Associates, Inc L12.,07- n 214 N. Howes Street ,r ''-:' P0. Box 429 Ft.Collins,CO80522 303/482-9331 a�294 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-312 for Antelope Hills Planned Unit Development in the United States Mail, postage prepaid First Class Mail by postal card as addressed on the attached list. this 7th day of December, 1990. TO: SURROUNDING PROPERTY OWNERS OR OWNERS AND LESSEES OF MINERALS i IN ACCORDANCE WITH WELD COUNTY'S NOTIFICATION REQUIREMENTS. The Weld County Planning Commission will hold a public hearing on Tuesday, January 22, 1991, at 1 :30 p.m, in the County r Commissioners' Hearing Room, first floor, Weld County Centennial L Center, 915 10th Street, Greeley, Colorado, concerning the request of: CASE NUMBER: S-312 APPLICANT: Antelope Hills Planned Unit Development c/o Gefroh Hattman REQUEST: Site Specific Development Plan and a Planned Unit . Development Final Plan LEGAL: Part of the NW$ of Section 13, T6N, R67W of the 6th P.M. , Weld County, Colorado LOCATION: East of Weld County Road 23 and south of Weld County Road 70; south of and adjacent to Antelope Hills Subdivision For more information call Keith A. Schuett, Current Planner. WELD COUNTY DEPARTMENT OF PLANNING SERVICES 915 10th Street - Room 342 Greeley, CO 80631 Phone 356-4000, Ext. 4400 SURROUNDING PROPERTY OWNERS AND MINERAL OWNERS ANTELOPE HILLS PUD FINAL PLAT S-312 Christopher M. and Peggy J. Tometich 33976 Siasconset Road Windsor, CO 80550 Paul and Glenda S. Rhodes 33906 Siasconset Windsor, CO 80550 Michael F. and Ruth Ann Sampson 11287 Madaket Windsor, CO 80550 Gerald R. and Dorothy A. Mongan Box 163 Eaton, CO 80615 Paul Henderson 11323 Madaket Windsor, CO 80550 William H. & and Dianna L. Rexford 11316 Weld County Road 70 Windsor, CO 80550 Dale and Connie S. Winder Box 1372 Windsor, CO 80550 David S. and Karen G. Woronoff Box 823 Windsor, CO 80550 Clara Rutz 413 Walnut Windsor, CO 80550 Ronald A. and Deborah L. Getz 75925 Gaylin A. RR 1 Windsor, CO 80550 David and Diane L. Gutierrez 33933 Cliff Road Windsor, CO 80550 Clifford and Barbara A. Roberts 11430 Madaket Windsor, CO 80550 p :' :+5k Page 2 Harold Wayne & Janet C. Smith 11330 Madaket Windsor, CO 80550 Robert G. Paul and Patricia D. Taylor 11320 Madaket Windsor, CO 80550 Jefrey G. and Nancy J. Manuel. 11286 Madaket Road Windsor, CO 80550 Gerard and Geraldine R. Brodzinski 33858 Siasconset Drive Windsor, CO 80550 David M. and Luella J. Dehrck 33973 Siasconset Drive Windsor, CO 80550 Margie A. Walker 33941 Siasconset Drive Windsor, CO 80550 Sheldon R. and Brenda L. Stroham 33901 Siasconset Windsor, CO 80550 Harold W. and Irene J. Drieth 33875 Siasconset Windsor, CO 80550 G. John and Sherron A. Brunner 33847 Siasconset Windsor, CO 80550 Edwin D. and Marjorie A. Kadlub 625 Oak Windsor, CO 80550 Mission Oil 1600 W. 1st Street Loveland, CO 80537 Planned Unit Development rlan AFFIDAVIT OF IFTEREST OWNERS SURFACE ESTATE Application No. Subject Property ANTELOPE HILLS P.U.D. STATE OF COLORADO ) ss. LEGAL ATTACHED 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 Field County Assessor of the owners of property (the surface estate) within five hundred (500) feet of the property subject to the application. This list was compiled from the re t rds of the Weld County Assessor, or an ownership update from a title or abstract company or attorney, derived from such records, or from the records of the Weld County Clerk and Recorder. The list compiled from the records of the Weld County Assessor shall have been assembled within thirty (30) days of the appli atio u is o ate. TZ-L.KE 111Z-Qt`70 7 � � The foregoing aain g instrument was subscribed and sweA to before me this (1 day S Slp.9t a eA , 19 a WITNESS my hand and official seal. My Commission expires: a 1 IS ) 911K 3 c o m \\NOWArry, 'rotary Public 531C'P J a ANTELOPE HILLS P.U.D. LEGAL DESCRIPTION A tract of iand situate in a part of the Northwest 1/4 of Section 13, Township 6 North, Range 67 West of the Sixth P.M. , Weld County, Colorado, which considering the North line of the said Northwest 1/4 as bearing N 88°59'02" E and with all bearings contained herein relative thereto is contained within the boundary lines which begin at a point which bears S 00°16'27" E 1687.64 feet to a point on a line that is parallel with and 20.00 feet Northerly and Easterly of the Roulard Lateral Irrigation Ditch, and again S 62°00'50" W 126.06 feet along said parallel line, and again N 76°04'03" W 138.38 feet, and again S 69°?_9' 14" W 211 .00 feet, and again N 87°43'28" W 239.15 feet, and again S 84°34' 13" W 248.30 feet and again N 77° 18' 10" W 78.56 feet, and again again N 11 °12'00" E 90.52 feet from the North 1/4 corner of said Section 13 and run thence along a line that is parallel with and 10.00 feet Northerly of an exist- ing gas line S 75°03'00" W 169.34 feet to a point the Northerly and East- ly line of the access road along the Roulard Lateral Irrigation Ditch; thence along said line N 77°18' 10" W 41 .75 feet , and again N 63°14'25" W 94.25 feet, and again N 47°38'42" W 83.78 feet, and again N 26°48'57" W 92.66 feet, and again N 21 °17'08" W 208. 10 feet, and again N 17°43'02" W 344.63 feet; thence N 73°56'33" E 301 . 10 feet to a point on the Easterly right-of-way line of Siasconset Road; thence along said line N 16°03'27" W 75.28 feet; thence N 73°56'33" E 296.75 feet; thence S 12°23'00" W 199.55 feet; thence S 16°03'27" E 196.00 feet; thence S 80°16'27" E 109.12 feet; thence S 11 °12 '00" W 515.08 feet to the point of beginning, containing 9.0300 acres, more or less. ' �' ' ;�. .. ., GEFROH HATTMAN INC. ARCHITECTS/PLANNERS CONSTRUCTION MANAGEMENT 135 West Swallow Road Fort Collins, CO 80525 ANTELOPE HILLS P.U.D. (303) 223-7335 ADJACENT PROPERTY OWNERS 0807-13-2-01-001 Christopher M. and Peggy J. Tometich 33976 Siasconset Road Windsor, CO 80550 0807-13-2-01-002 Paul & Glenda S. Rhodes 33906 Siasconset Windsor, CO 80550 0807-13-2-01-003 Michael F. and Ruth Ann Sampson 11287 Madaket Windsor, CO 80550 0807-13-2-01-004 Gerald R. and Dorothy A. Mongan Box 163 Eaton, CO 80615 0807-13-2-01-007 Paul Henderson 11323 Madaket Windsor, CO 80550 0807-13-2-01-008 William H. and Dianna L. Rexford 11316 Weld County Road 70 Windsor, CO 80550 0807-13-2-01-009 Dale and Connie S. Winder Box 1372 Windsor, CO 80550 0807-13-2-02-004 David S. and Karen G. Woronoff Box 823 Windsor, CO 80550 0807-13-2-02-005 Clara Rutz 413 Walnut Windsor, CO 80550 0807-13-2-02-006 Ronald A. and Deborah L. Getz 75925 Gaylin A. RR1 Windsor, CO 80550 0807-13-2-02-007 David and Diane L. Gutierrez 33933 Cliff Road Windsor, CO 80550 0807-13-2-02-008 Clifford and Barbara A. Roberts 11430 Madaket Windsor, CO 80550 0807-13-2-02-009 Harold Wayne & Janet C. Smith 11330 Madaket Windsor, CO 80550 0807-13-2-02-010 Robert G. Paul and Patricia D. Taylor 11320 Madaket Windsor, CO 80550 � q „ cT n +l:t7 )43 Page 2 0807-13-2-02-011 Jefrey G. and Nancy J. Manuel 11286 Madaket Road Windsor, CO 80550 0807-13-2-02-012 Gerard and Geraldine R. Brodzinski 33858 Siasconset Drive Windsor, CO 80550 0807-13-2-03-001 David M. and Luella J. Dehrck 33973 Siasconset Drive Windsor, CO 80550 0807-13-2-03-002 Margie A. Walker 33941 Siasconset Drive Windsor, CO 80550 0807-13-2-03-003 Sheldon R. and Brenda L. Stroham 33901 Siasconset Windsor, CO 80550 0807-13-2-03-004 Harold W. and Irene J. Drieth 33875 Siasconset Windsor, CO 80550 0807-13-2-03-005 G. John and Sherron A. Brunner 33847 Siasconset Windsor, CO 80550 0807-13-2-00-001 Edwin D. and Marjorie A. Kadlub 625 Oak Windsor, CO 80550 0807-13-2-00-004 Edwin D. and Marjorie A. Kadlub 625 oak Windsor, CO 80550 I , FREDRIC J. HATTMAN, DO CERTIFY THAT I RESEARCHED THIS ADJACENT PROPERTY LIST FROM THE WELD COUN Y ASSESSOR'S LIST WITHIN THE LAST 30 DAYS PRIOR TO THIS DAY' S SUBMISS ON OF DOC ATION. REDRIC TTMAN c_;11 Ccar 1 Planned Unit Development clan AFFID:XIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE Application No. Subject Property ANTELOPE HILLS P.U.D. MISSION OIL holds all mineral rights to this section. STATE OF COLORADO ) ss. COUNTY OF WELD ) LEGAL ATTACHED THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names and addresses of all mineral owners and lesses of mineral owners on or under the parcel of land which is the subject of the application as their names appear upon the records in the {veld County Clerk and Recorder's Office, or from an ownership update from a title or abstract company or an attorney. 4 The foregoing instrument was subscribed and11/Z4-1' • n to before me this G day of ,?,_ 4_,\-\-tQtriVll n , 19_20 WITNESS my hand and official seal. My Commission expires: a (i5 I93 Notary Public ANTELOPE HILLS P.U.D. LEGAL DESCRIPTION A tract of land situate in a part of the Northwest 1/4 of Section 13, Township 6 North, Range 67 West of the Sixth P.M. , Weld County, Colorado, which considering the North line of the said Northwest 1/4 as bearing N 88°59'02" E and with all bearings contained herein relative thereto is contained within the boundary lines which begin at a point which bears S 00°16'27" E 1687.64 feet to a point on a line that is parallel with and 20.00 feet Northerly and Easterly of the Routard Lateral Irrigation Ditch, and again S 62°00'50" W 126.06 feet along said parallel line, and again N 76°04'03" W 138.38 feet, and again S 69°29' 14" W 211 .00 feet, and again N 87°43'28" W 239. 15 feet, and again S 84°34' 13" W 248.30 feet and again N 77° 18' 10" W 78.56 feet , and again again N 11 °12'00" E 90.52 feet from the North 1/4 corner of said Section 13 and run thence along a line that is parallel with and 10.00 feet Northerly of an exist- ing gas line S 75°03'00" w 169.34 feet to a point the Northerly and East- ly line of the access road along the Roulard Lateral Irrigation Ditch; thence along said line N 77°18' 10" W 41 .75 feet, and again N 63°14'25" W 94.25 feet, and again N 47°38'42" W 83.78 feet, and again N 26°48'57" W 92.66 feet, and again N 21 °17'08" W 2.08. 10 feet, and again N 17°43'02" W 344.63 feet; thence N 73°56'33" E 301 . 10 feet to a point on the Easterly right-of-way line of Siasconset Road; thence along said line N 16°03'27" W 75.28 feet; thence N 73°56'33" E 296.75 feet; thence S 12°23'00" W 199.55 feet; thence S 16°03'27" E 196.00 feet; thence S 80°16'27" E 109. 12 feet; thence S 11 °12'00" W 515.08 feet to the point of beginning, containing 9.0300 acres, more or less. fiff4 — 1�'�1I11 �' tc�1��C _ ;HEETNO.___L— { 1 �, L c PROJECT No. —— A R- 9, 03 �1 U� f s 15 "7-c_mac_ l. a (i. - L ) D - - -- _ /• A -2 ( 1, r --0, 2.) 5-001A- 5 7 - - ---- J 0 Ai 6.7 73 _ Yr-- D. X 3. ' X S P /0oyR. A a 5-X 0,2. k s 3 X 9,0 = 11.1 6. c , ,r- bb - D = L l ? A 7 % 1' e F V c O u.s f� F' A F'f AI A //.1/NC, - -7 R c.. 8 6. ( 1 ).( D, 15L) / 0.-7;0 D cv. re. 7 8) r• — 0. 3 O) 700 lyZ j> (3% 4 At /..(,/, D��• Q _ Zy,z p. 3 x /, 7 x 9, 03 - . �,, 1 c . S G Q 1p•,� O. 3 X 6..9 x 9. 03 z?,Aiv,. h cu. Q ,a0 fR, f, L5 x o. 3 x 4.. 9.0.E //,,•z . c-. s, i � :L' '_� � =.:•• 1).1'�� L�.Y'lL a.:i^ �'r---� DATEa tit � '' ,EETNU.�_ .- - `,� _-c- G V f, �� PROJECT NO BAS I N C Ae cA Ly /Alm OF q. IAIGoNJET 0.4D .) A\ eEq : 3. 6, 7 A , ac.- t37 ( I. J -- 0.3) •- - S So YL L na /Aj, '3.8 �3 DES, Q2, t 0.3 X / 7,J x "167 _7- 1. 13 Dev. wye, - 0.3 X 3, s y I n 3.�� - 3. 4-r �. F-; be,U. Q loo yI� a, /, zs x o. x G 7 3x 4-� 1,71 c F J. • U s E I Z . Pr'e Z yeAe STO e.►-1. ' G• 1 , 911 ANTELOPE HILLS P.U.D. PLANNED UNIT DEVELOPMENT PLAN WRITTEN DOCUMENTATION m,a ANTELOPE HILLS P.U.D. WRITTEN DOCUMENTATION P.U.D. AREA - The P.U.D. consists of nine plus acres divided into eight single family home sites . Each lot will consist of a main structure for the dwelling unit on site. These dwelling units will range in size from 1800 S.F. to 4000 S.F. of living space. Each home will have a minimum of two interior parking spaces for autos and two spaces exterior. Each lot will have the ability to construct one detached building for purposes of storage up to 600 S.F. of footprint . No commercial or industrial activities will occur on these properties. The property density is related in two fashions. One dwelling unit per 1 .'287 A.C. and 0.88 dwelling units per acre. BUILDING USAGE - The primary use of the main structure on each site is to be a single family residence. Each home will have an attached garage for at least two autos. A secondary structure for storage may be constructed for each lot. Each lot will provide a minimum of four parking spaces with a minimum of two being interior. With homes being styled in a similar manner and at similar densities to the Antelope Hills Subdivisions compatibility will be insured. COMPATIBILITY - The lots will be landscaped with trees, grasses, and shrubs that will soften the appearance of the homes and provide screening from each other and the neighboring subdivision. OPEN SPACE - Due to the low density of the development no public open space is being proposed. Open space will be provided on the individual lots and due to covenants restricting farm animals the land will remain open. Each individual lot owner will be able to determine the best of us his land. The typical lot will be utilized to approximately 15 percent with the home, garage, storage building, and driveway. This will leave approximately 85 per- cent of the lot as open space. This would be at least 3/4 of an acre per lot. RESTRICTIONS - Easements are shown on the plat. Other restrictions are noted within the covenants attached. CONSTRUCTION SCHEDULE - The construction will be divided into two major packages. The first being that of infra-structure and the second being that of individual homes. At this time, it is estimated that construciton of the infra-structure , that of roads and utilities , will occur in the Spring of 1991 with the completion within a two month time frame. The Second Phase will be initiated in late Spring 1991 and continue with a probable build-out of all eight lots by Fall 1992. The on-site open space will be accomplished as each home is constructed and will be required to be completed within six months of occupancy of the home. FINANCING_ - The infrastructure cost will be privately financed and paid for through a combination of cash and bank finance. This will include the cost of extending water service, streets, paving, telephone, natural gas, and drainage system. Sewage collection system will be constructed on each indi- vidual lot at the time of the home construction. We estimate the cost of this construction to be $28,000.00. w„33;,47, ANTELOPE HILLS P.U.D. WRITTEN DOCUMENTATION PAGE 2 IRRIGATION - A letter from Marjorie Kadlub has previously been submitted noting acceptance of storm drainage runoff from this property. Mrs. Kadlub, along with her husband, are the owners and only users of the ditch that runs adjacent to the property. GEOLOGY - Reports and maps were previously submitted for review by the Colorado Geological Survey for review. Two copies are provided for your use. As a note on the P.U.D., District Plat requires a response to the two notes at this point. The first concerns the letter from the Colorado Geological Survey. The two points that they wish to consider are: 1 . The possibility of radon gas existing in the Pierre Shale Strata and 2. Soils inspection due to swelling potentials. With respect to the first comment, no evidence of radon gasses in significant amounts were found through site investigation. Testing for radon gasses at the excavation site and within the completed basement will be the approach used to establish any potential danger and de- termine if mitigation is required. Soils Engineers or Geologists will be used to carry out these tests on a case by case basis. If a level of radon gas is detected that is found to be above standards for human habitation radon gas evacuation systems will be included in the construction of the home in question. With respect to the Jecond item of soils swelling , our geotechnical investi- gation notes two methods for foundation designs to mitigate these potentials. These methods will be utilized in designing the foundations for these homes. The other geological concern has to do with the note on the District Plat concerning design for septic systems. We agree that this is a critical issue and agree that all the lots be constructed with an engineered septic system meeting state and county regulations. BUILDING STYLES - In preparing this portion of our documenation , we will present representations of the style of homes we may provide. We anticipate both ranch and two-story homes. We see a combination of materials such as brick, stone, wood, and manufacturers' siding for mall treatments. We see roofs of 5/12 and greater pitch and asphalt of shake shingle roofs. The protective covenants will provide the mechanism for an architectural control committee which will review and assure the quality of construction and on- going maintenance. 9100,49 REPORT OF A PRELIMINARY GEOTECHNICAL INVESTIGATION FOR ANTELOPE HILLS P. U. D. WINDSOR, COLORADO GEFROII HATTMAN , INC. FORT COLLINS, COLORADO PROJECT NO. 8:332-90 fY EMPIRE LABORATORIES, INC. 307 NORTH HOWES STREET FORT COLLINS, COLORADO 80527 91,029 I ABLE OF CONTENTS l able of Contents Letter of Transmittal Report Appendix A A-1 Test Boring Location Ilan A_2 Key to Borings A-3 Log of riarings A-4 Appendix L; L,-'I Summary of Test Results B-2 Appendix C C-7 Appendix I) D-1 Soils Map D-2 Soils Descriptions D-3 spoo�a7 Empire ,,,laboratories, Inc. CORPORATE OFFICE P O Box 503• 301 No Howes GEOTECHNICAL ENGINEERING 8 MATERIALS TESTING . . . Fort Collins,Coloratlo 80522 (3031 484-03 5 9 February 8, 1990 FAX No.13o314e4-0454 Cefroh [Littman , Inc. 135 West Swallow Road Fort Collins , Colorado 80520 Attention: Mr. Rick Ilattman Gentlemen: We arc pleased to submit our Report of a Preliminary Geotechnical Investigation prepared for the proposed single-family residential development to be located northeast of Windsor, Colorado. The accompanying report presents our findings in the subsurface and our recommendations based upon these findings. Very truly yours, EMPIRE LABORA /TORIES, INC. �� , % i �e I R. Sherrod Senior Engineering Geologist Reviewed by: �7 , Chester C . Smith, P. F. _ [003 President cic INa z� ..' 1 '/ . , ,t` (.8 �lpls . °df.tauhot'•:t''' pg0 kql� 31434291 4 .4 ,,,d1 Branch Offices !^ P.O.Box 16859 ColoratloS Senses LonP C) Box 1135 -Box 1744 it e Inge,CO 80935Lon moot,CO80502 PO.Box 5659 7 (n9159]-2116 1309776-3921Gsley,CO80632Cheyenne,wY 82003 /��// :Dm: 331 351-0460 (30]1632-9224 1 /f411Member of ConsulOng Engineers cil i REPORT OF A PRELIMINARY (iFOTL-CIINICAL INVESTIGATION SCOPE This report presents the results of <i preliminary geotechnical evaluation prepared for the proposed resider)Bail development located in the Antelope Bill area, northeast of Windsor, Colorado. The investigation included test borings and laboratory testing of samples obtained from these borings. The objectives of this study were to (1 ) determine the geologic characteristics at the site, (2) determine the m ilmurface conditions at the site relative to the proposed construction and (3) determine the suitability of Um silo for construction of individual sewage disposal systems. SITE_ L:XPLORATION The field exploration, carried out on January 31 , 1990 , consisted of drilling , logging , and sampling four ( 4) test borings and running three (3) percolation tests. The test borings were located by Empire Laboratories, inc. from the existing street located at the northern edge of the property using conventional chaining methods. The locations of the test borings are shown on the Test Loring Location Elan and Geologic Map included in Appendix A of this report. Loring logs prepared from the field logs are included in Appendix A. These logs show soils encountered, location of sampling , and ground water at the time of the investigation. The borings were advanced with a four-inch diameter, continuous- type, power-flight auger drill . Boring the drilling operations, a geotechnical engineer from Empire Laboratories, Inc. was present and pride continuous observations of the soils encountered. 91.07,, -1 SITF LOCATION AND DI SCI:IPTION 1 he proposed residential site is located south of County Road 70 northeast of Windsor, Colorado. More particularly, the site is described as Antelope Hills P. U.I . , a subdivision situate in the Northwest 1 /4 of Section 13, Township 6 North, Range 67 VJest of the Sixth P.M. , Weld County, Colorado. The site is located on a gently to moderately sloping west-southwest hillside: below the crest of Antelope: Hill, which is a high point rising above the surrounding area. The property is currently vegetated with prairie grasses and weeds. Siasconset Road is paved to the north edge of the site. Koulancl Lateral Ditch is located adjacent to the south and west property lines. The Antelope: Hills Subdivision is located to the north and coast. Several existing houses are located adjacent to the project area on the north and east. LAI.;ORATOI:Y 'I ESTS AND I:VAL_UATION Samples obtained from the test borings were subjected to testing in the laboratory to provide a scud basis for evaluating the physical properties of the soils encountered. Moisture contents, dry unit weights, unconfined compressive strengths, swelling potentials, and the Atterberg limits were determined. A summary of the test results is included in Appendix B. SOIL AND GROUND WATER CONDITIONS The soil profile at the site consists of strata of materials arranged in different combinations. In order of increasing depths, they are as follows: (1 ) `.silty Topsoil: The ;area tested is overlain by a six (6) inch layer of silty topsoil. The topsoil has lacers penetrated by root 01.0294 __2__ • growth and organic: mai ter and should not be used as tr bearing soil or as sill and/or backfill material. (2) Sandy Clayey Silt: This stratum underlies the topsoil and extends to the bedrock below. The silt contains varying remounts of sand and/or clay, is slightly to moderately plastic, and exhibits low to moderate bearing characteristics in its dry 10 damp p natural condition. When wetted, the clayier portions of the silt stratum exhibit slight to moderate swell potential. (3) Sandstone-Siltstone Bedrock: The bedrock was encountered in the borings drilled at the site at depths of three (3) to six (6) feet below the surface and extends to greater depths. The upper one: (1 ) to two (2) feet of the bedrock is highly weathered; however, the underlying sandstone interbedded with minor amounts of siltstone is firm to dense and exhibits very high bearing c haraclerktie.s. When wetted, the.: :,iltstone portion of the bedrock exhibits slight to moderate swell potent ial. (4) Ground Water: Twenty-four hours after drilling, no free ground water was encountered at the site to the depths explorcxl. Water levels in this area are subject to change due to seasonal variations and irrigation demands on and/or adjacent to the property. In addition, it is our opinion surface water may percolate through the upper subsoils and become trapped on the relatively impervious bedrock, forming a perched ground wailer condition. GEOLOGY The area under study is located within the Colorado Piedmont sect kill of the Urea Plains physiographic province. The Colorado Piedmont, formed during 1_ate Tertiary and Early Quaternary time (:approximately sixty-five million, (6;,000,000) years ago) , is a broad, -3-- 91,0294 erosional trench which separates the Southern Rocky tvlountairrs from the High Plains. Structurally, the property lids along the western flank of the Deaver Basin. During the Late Mesozoic and Early Cenozoic Periods (approximately seventy million (70,000,000) years ago) , intense tectonic activity occurred, causing the taplifting of the Front Range and the associated c.lownwarping of the Denver basin to the east. Relatively flat uplands and broad vralleys, characterize the present-day topography of the Colorado Piedmont in this region. The site is underlain by residual sand/or eolian silt soils of Pleistocene and/or Recent Age. Bedrock underlying the site consists of the Cretaceous Fox Hills sandstone. Bedrock underlies the site at depths of three (3) to six (6) feet below the surface. Relief at the site is approximately thirty-five (35) feet from the east to west, and the general slope of the land varies between five percent (5%) and ten percent (1U%) with a maximum slope located along the eastern c..dge of the site of approximately twenty percent (10%) . Vuc! to the: relatively gentle nature of the slope over the majority of the site, mass movements due to gravity, such as landslides, mudflows, and rockfalls, etc. , .are not anticipated on the property. The silt soils at the site are: :subject to erosion. Therefore, it is recommended that all areas stripped of vegetation clue to the construction of the proposed road and/or residences be reseeded to help minimize erosion. Positive drainage should he provided around the structures .and for the: existing cul- dr•-sac to be constructed at the site. With proper site grading and control of drainage, erosional problems at the site should be minimized. The site lies within the drainage basin of the Cache La Poncire River but lies well outside: the topographic flood plain of the stream and should not be subjected to flooding by the river or by any of its tributaries. f.xcavation of the dense bedrock at the site may require heavy-duty excavation equipment . However, it is not anticipated that blasting will be required to excavate the firm bedrock to normal basement excavation depths and for utilities to be constructed at the site. Geologic conditions at the: site are such that economic deposits of sand and gravel, quarry rock, coal or limestone are not present in our opinion to economic depths. Based on our knowledge of the geology of the area, it is not anticipated that excessive amounts of radioactive minerals will be encountered in the soil or bedrock in the area, and radiation hazards at the site, in our opinion, should be minimal. However, this should be verified by tests taken either in the residences after construction or from soil samples taken at the site. PLCOMMLNDAT IONS AND DISCUSSION II is our understanding the [tie is to be developed for single-family residences. The lots will be served by on-site sewage disposal systems. Siasconset Road is to extend into the site as a cul-de-sac. Site Grading , E=xcavation and Utilities Specifications pertaining to site grading are included below and in Appendix C of this report. It is recommended that the upper six (6) inches of topsoil penetrated by root growth and organic matter below building , filled and paved areas be stripped and stockpiled for reuse in planted areas. The upper six (6) inches of the subgrade below building, paved and filled areas should be scarified and recompacted between optimum moisture and two percent (2%) wet of optimum moisture to al least ninety percent (90`;I) of Standard Proctor Density ASTM D 648-78. (See Appendix C. ) Fill should consist of the on-site soils or imported granular material .approved by the geolechnical engineer. Pill should be placed in uniform six (6) to eight (8 ) inch lifts and I mechanically compacted between optimum moisture and two percent (2$) wet of optimum moisture to at least ninety-five percent (95%) of Standard Proctor Density ASTM D 695-78. I3edrock encountered at the site may be used as fill material in selected areas. Heavy-duty construction equipment equivalent to a D-8 tractor and ripper tooth or a track mounted excavator having a gross weight of ninety thousand (90,000) pounds may be needed to excavate the firm bedrock. Bedrock used as fill should be broken into pieces less than six (6) inches in diameter. Proper placement of the bedrock as fill may be difficult, and a disc or other mixing equipment may be r ,�- . needed to obtain uniform moisture and proper compaction. The bedrock should be used in open and planted areas or in the Ic►wer portion of fill below paved areas. In computing earthwork quantities, an estimated shrinkage factor of eighteen percent ( 18%) to twenty percent (2V,) may be used for the on-site subsoils compacted to the above-recommended density. All excavations should be dug on safe and stable slopes. It is suggested that excavated soil slopes be on minimum grades of 1-1/2:1 or flatter. The bedrock may be excavated on near-vertical slopes. The slope of the sides of the excavations should comply with local codes or OSHA regulations. The side slopes of the excavation should be maintained uncier sale: conditions until completion of back filling. fn addition, heavy construction equipment should be kept a safe distance from the edge of the excavation. Utility trenches dug four (4) feat or more into the upper soils should be excavated on stable and safe: slopes in accordance with OSHA regulations, or the excavations should be properly shored. All piping should be adequately 1:►edded for proper load distribution. Backfill placed in utility trenches in open and planted areas should be compacted in uniform lifts at optimum moisture to at least ninety percent (90%) of Standard Proctor Density ASTM D 698-78 the fall depth of the trench. The upper four (u) feet of backfill placed in utility trenches under roadways and paved areas should be compacted at or near optimum moisture to at least ninety--five percent (95c) of Standard Proctor Density. ASTM D 698-78, and the lower portion of these trenches should be compacted to at least ninety percent (90%) of Standard Proctor Density ASTM D 698-78. Addition of moisture to and/or drying of the subsoils may be needed for proper compaction. Proper placement of the bedrock as backfill may be difficult. Stripping, grubbing, subgrade preparation, and fill and backfill placement should be accomplished under continuous observation of the geolechnical engineer. Field density tests should be taken daily in the compacted subgracle:, fill, and backfill under the direction of the geotechnical engineer. 91.0294 Foundations In view of the loads transmitted by the proposed residential construction and the soil conditions encountered at the site, it is recommended that the structures founded a minimum of three (3) feet above, the bedrock stratum be supported by conventional-type spread footings and/or continuous yrades beams. Footings and/or grade beams should be founded on the original, undisturbed soils a minimum of thirty (30) inchr:, heluw finished grade for front protection and a minimum of two (2) feet above: the bedrock. The identification and undisturbed nature of the soil and the: depth to bedroelc should be verified by the geotechnical engineer prior to placement of foundation concrete. Based on preliminary test results, footings and/or grade beams founded at the above level may be designed for a maximum allowable tearing capacity of between one thousand ( 1000) to three thousand (3000) pounds per square foot (dead load plus maximum live load) . To counteract swelling pressures which may develop if the subsoils become: wetted, footings and/or grade beams should be designed for a minimum dead load of between two hundred fifty (250) to seven hundred fifty (750) pounds per square tool. All or portions of structures founded in or within three (3) feet of the bedrock should be supported by a drilled pier foundation system. Using this type: of foundation system, the structure is supported by piers drilled into the bedrock stratum and structural grade beams spanning the piers. Piers should be straight--shalt and should be drilled within plumb tolerances of one and one-half percent (1-1 /2%) relative to the length of the pier. The piers are supported by the bedrock stratum partially through end bearing and partially through skin friction. it is recommended that all piers have minimum ten ( 10) focal lengths and that they be drilled a minimum of three (3) feet into life firm bedrock stratum. Based on preliminary test results, piers founded at the above level may be designed for ci maximum allowable erect bearing pressure of between fifteen thousand (15,000) to twenty thousand (20,000) pounds per square foot. It is estimated that .r skin friction of between one thousand five hundred (1500) to two thousand (2000) pounds per square foot will be developed for that portion of the pier embedded three (3) feet into the firm bedrock stratum. To counteract swelling pressures which will develop if the subsoils become, wetted, all piers should be designed for a minimum dead load of between three thousand (3000) to five thousand (5000) pounds per square tout. It is recommended that all grade beams have a minimum tour (4) inch void between the bottom of the beam and they soil below. Drilled piers should be designed to resist ail induced lateral forces. Since no frees around water was encountered at the site, temporary casing of the drill holes will not be required. It is recommended that all piers should have minimum ten (10) to twelve (12) inch diameters. It is strongly reccnmoidec, that the geotechnical engineer- be present during the drilling operations to (1 ) identify the firm bedrock stratum, (2) iissure that: proper penetration is obtained into the sound bedrock stratum, (3) ascertain that all drill holes are thoroughly roughened, cleaned and dewatered prior- to placement of any foundation concrete, (4) check all drill heirs to assure that they are plumb and of the proper diameter, and (5) ensures proper placement of concrete and reinforcement. Basements, Dewatering Systems and Slabs on Grade Since no free ground water was encountered at the site: to the depths explored, it is our- opinion that basement construction is feasible at the site. However, due to the potential for a perched water table to develop at the: site, all basement slabs and other portions of the proposed structures placed within three (3) fec.a of the bedrock should be provided with complete dewvate;rrng systems designed to intercept potential perched ground water. Due to the expansive nature of the subsoils encountered at the tiitc:, it is recommended that all slabs on grade be designed structure;Ily independent of bearing members. Septic Systems In view of the percolation rirtes tsnd soil conditions encountered at the site, it is our opinion that portions of the site are suitable for _ ._..._ • 1 construction of standard-type septic systems. Suitable percolation rates were encountered in the borings drilled at the site. However, since bedrock is encountered at relatively shallow depths in portions of the project area, dither mounded type or other type engineered sewage disposal systems will be required in areas of shallow bedrock. Pavement It is our opinion that flexible pavement is suitable for the proposed street construction at the site. A flexible pavement alternate should consist of asphalt concrete underlain by crushed aggregate base course or asphalt concrete underlain by plant mix bituminous base course. The following pavement thicknesses al the site were determined using a group index of u: Asphalt Concrete 3" Crushed Aggregate Bare Course 6" Total Pavement Thickness Asphalt Concrete c" Plant Mix Bituminous Basco Course 3}" Total Pavement Thickness The crushed aggregate bast; course should meet Colorado Department of Highways Class 5 or 6 specifications. The subgrade below the proposed asphalt pavement should be prepared in accordance with the recommendations discussed in the "Site Grading, Excavation and Utilities" section of this report. Upon proper preparation of the subgrade, the base course should be placed and compacted at optimum moisture to at least ninety-five percent (95%) of Standard Proctor Density ASTM D 698-78. (See Appendix C. ) It is recommended that the asphalt concrete: and/or plant mix bituminous base course be placed in two (2) to three (3) inch lifts. All plant mix bituminous base course se and asphalt concrete shall meet Colorado; Department of Highways specifications and should be placed in - 9- accordance with these specifications. The crushed aggregate base course shall have an "R" values between 70 and 77, the plant mix bituminous base course shall have an Rt value of 90 or greater, and the asphalt concrete shall have an Rt value of 95 or greater. The "R" value of the pavement materials used should be verified by laboratory tests. Field density twits should be taker: in the aggregate base course, bituminous„ base course, and asphalt concrete tinder the direction of the geotechnical c nr�inec r . Rigid Pavement A feasible pavement alternate at the site would be rigid pavement. Using the eighteen (18) kip equivalent daily load application described above, a modulus of subgrade reaction of one hundred fifty (150) pounds per square inch per inch based on a group index of 4, a design life of twenty (20) years, and concrete designed with a modulus of rupture of six hundred (600) pounds per square inch, the following rTlirtiMUM pavement thickness recommended: Nor►r•einforc:ed Concrete - 5" • Subgrade below proposed street should be prepared in accordance with the recommendations discussed in the "Site: Grading , Excavation and Utilities" section of this report_ Concrete pavement should be placed directly on the subgrade: that has laser► uniformly and properly prepared in accordance with the above recommendations. All concrete used in the paving shall meet ASTM specifications, and all aggregate shall conform to ASTM C-33 specifications. The concrete should be designed with a minimum modulus of rapture of six hunCrecl (600) pounds per square inch in twenty-eight (28) clays. It is, recommended that laboratory mix designs be done to determine the proper proportions; or aggregates, cement, and water necessary to rr►eet these requirements. It is essential that the concrete have a low water -c► ment ratio, an adequate cement factor, and sufficient quantities of entrained air. Joints should be carefully designed and constructed in accordance with the Colorado -.10- ,��1.00149t. Department of Highways specifications to ensure good performance of the pavement. It is recommended that all concrete pavement be placed in accordance with Colorado Department of Highways specifications. If paving is done during cold weather, acceptable cold weather procedures as outlined in the Colorado Department of Highways specifications should be utilized. The concrete pavement should be properly cured and protected in accordance with the above specifications. Concrete injured by frost should be removed and replaced. It is recommended that the pavement not be opened to traffic until a flexural strength of four hundred (It00) pounds per square inch is obtained or a minimum of fourteen (Zit) days after the concrete has been placed. GENERAL COMMENTS It should be noted that this was a prelitoinary investigation and that the bearing capacities recommended in this report are based on preliminary tests. Due to variations in soil conditions and swelling pressures encountered at the site, it is recommended that additional test borinT:. be mule. ,prior io construction. Sapless obtained from the borings should be tested in the laboratory to provide a basis for evaluating subsurface conditions. I - i 1 P.1..f1294 APPENDIX A. II !,, I , !I ll:• I 2,9'11 -- - _ ._ -rein( goK.I nYi LOCA.(1o1.1 MA. 1 yllpIL�IG MAP _ Y 1 11 O Kfrn- CKFtacaouYiFoX RILL', I 0- ypNpyfoN6 1 I `- -Le--+ �\ 1 f • P�RLEN"( i,toPE- Kfm : 1 1 1 1 I 1 1 1 I 1 B 1 � \--------ki---- \ 1 I 1 1 1` 0 1 Z.1 � Pb. I ® i I o I ° �`� 1 j o- v., 1 1 �y ' °o \ 11 �, @ �_Z 1\ �gIM. i- neorER-(Y 1I 1 \ EL: lab o\ 1 \9% ` 3 tJa P-I ch , \ � 1 S 1 /4‘"\ N 1 \ \• A \ � Do \ % \ a� % \ • �� An. \\\ S .. �". \\ \ No�cf>•4 1 aq° \��T1 Ne 3 @ '—,— \ . \ `.. Kfr, Nk I'---,100' \ . A„ _ ruiRIRE LABORATORIES, INC. ._- - Aramon•T�� KEY TO BORING LUGS /;.„ TOPSOIL ••.••y GRAVEL 11 FILL SAND & GRAVEL [d.6 '1 SILT •� SILTY SAND & GRAVEL /. 1//1 CLAYEY SILT o00 COBBLES .� • SANDY SILT o�•i SAND,GRAVEL& COBBLES r, CLAY Pi WEATHERED BEDROCK SILTY CLAY [- 2 SILTSTONE BEDROCK r 1 real SANDY CLAY ii CLAYSTONE BEDROCK SAND SANDSTONE BEDROCK C... . :l %•' z. SILTY SAND an LIMESTONE . CLAYEY SAND i$ ryl a. It SANDY SIL 1 Y CLAY Il 1 ' SHELBY TUBE SAMPLE [I STANDARD PENETRATION DRIVE SAMPLER WATER TABLE 24 hrs. AFTER DRILLING C HOLE CAVED 5/12 Indicates that 5 Mows of a 140 pound hemmer falling 30 inches was required to penetrate 12 inches. 9`7119A.y � �A. A�� A-3 ENIPtilf: l_ApCf1P'TbP,IF.S 10r:. - - LOG OF BORINGS Ey/know I Pi.. N..3 16.4 ------- 85 13/12! 50 10 � BO rein 3 12 _ • - _ 10 75 - - 10 1. e -• e !--- ---- l0/12 70 50/5 - II 1 - 40 12 �• 65 ' • 0/7 50/4_! • - 60 . . — . . • _ 50/6 50/5 - 55 50 T.B.M. = Property pin; Elevation 100.0' — — A-4 '-' _ EMPIRE LABORATORIES, INC. -- APPENDIX B. 91'x, 4. r alt --------------- Q. N-_.,_�.__-- N O N N N N N i qZ .--1 r-1 •Zt r-1 r1 .--1 L l r-1 r-1 LO .-4 5-1 LO • t \ \ \ \ --... \ \ \ \ \ \ \ \ 1 O p CO 'Gr O •...-• M .�r7 CO Cl O O O O O O i 0) 1.0 LA ,-a LID M LO r-a d to Ln r--1 r•-1 L O �� I 9 x g S= cc .Cr ° � `s I _N y a J V Ca K 8 3 ul c cO t K_ -8 K cb 4 c-- CT v .- LA • 'v E K r--- V) JJ N I— _i D U In z W Cr I a o. W (r (/) O W r H a IL I C O m ct ti a,. w CC F. 2 = 'u. Ln w N N ..a ko I O O �LL Q E •- ckI ^ — + 3" 4 w OD Cb r<I Za0 • • boa n , 1 ct a' CT al 3_ M CO l0 r� V' 00 M CO N LC) •-1 O O � n O N. U0 . . . . . • o-- t0 Ln LQ .v Cpl Lr) -7 N. r� C_J o ko al c`l M N 00 2 r1 •1 ra ,-a r--1 .--1 r-a , — n O O O (• LA O O O Co Lc) O O O � k LA LA O O C In • LO • • • • •r , a 'Cr L.r: CT r-1 ,--1 LA co Ql .-1 i-a 4. a a N LC)CT .- ,-- 1 CO d LL --I I 1 1 1 1 1 1 I 1 I I I I I 1 I 1 1 LtI U O U U L11 C, U U O LO U O CJ U C if1 LC) ) C ) . . • O CO •=t CO d- O d 1--. 00 d' O O1 st 00 ct O r-1 .4' .--1 \ j ,-1 4-4 •"1 m a-) N CU g o i a.O. Az r-1 N C•-) Cl- E E O co cicn B-2 SUMMARY OF PERCOLATION TEST RESULTS Percolation Rate Depth to Depth to (Time required for water Hole No. Bedrock Groundwater (ft. ) to fall one (1) inch in Min. ) 1 6.0 27 2 4.5 10 3 3.0 11 q?02q. B-3 - ------ #DILL MAP= 53.... ... .'..'...'''*".C. :..'. .. • • \ce.................,.. 5L t t 1 % \ .......o....200,•\. i3 xi Wor 4 T .. �' sz 9.i.o.„9,, -- ►" '1001 .. D-2 EMPIRE LABORATORIES, INC. 13—Cascajo gravelly sand, eoarn, 5 to 20 percent Typically a surface layer of this Otero soil is brow slopes. 'Phis is a deep, excessively drained soil on terrace sandy loam about 10 inches thick. The underlying mater': edges and upland ridges ut elevations of 4,600 to 5,200 to a depth of li0 inches is pale brown calcareous fin feet. It formed in very gravelly calcareous alluvium. In- sandy loam. eluded in mapping are small areas of soils that are shall- Permeability is rapid. Available water capacity i low or moderately deep liver sandstone and shale. moderate. 'file effective rooting depth la fill inches o Typically the surface layer is brown gravelly sandy more. Surface runoff is Mediunn, and the erosion hazard i loam about 9 inches thick. 'file upper part of the underly- low. ing material is pale brown and light yellowish brown very This soil is used almost entirely for irrigated crops. 1 gravelly sandy loam about 22 inches thick. The lower part is suited to the crops commonly grown in the are: to a depth of 60 inches is light yellowish brown very Perennial grasses and alfalfa or close growing crop gravelly sand. A layer of atrong lime accumulation 22 *Mould be grown at least. 511 percent of the time. Contra) inches thick is below the surface layer. ditches and corrugations can be used in irrigating dos, Permeability is moderately rapid. Available water grown cro!as and pasture. Furrows, contour furrows, am capacity is moderate. The effective rooting depth is 00 cross slope furrows are suitable for row crops. Sprinkle inches or more. Surface runoff is slow to medium, and the irrigation is also desirable. Keeping tillage to a miniumu erosion hazard is low. and utilizing crop residue help to control erosion. !,lain 'Ube potential native vegetation is dominated by little laining fertility is important. Crops respond to applica bluestem, Hideouts grama, sand reedgrass, blue grama, lions of phosphorus and nitrogen. hairy grama, switchgrass, and needleandthread. Potential The potential native vegetation on this site i production ranges from 1,200 pounds per acre in (avert- dominated by sand b]uestent, sand reedgrass, and blu ble years to 700 pounds in unfavorable years. As range grama. Needleandlhread, switchgrass, sideoats gran: condition deteriorates, the tall and mid grasses decrease, and western whealgrass ore also prominent. Potentia blue grama and hairy grama increase, and forage 'inutile- production ranges from 2,200 pounds per acre in favors lion drops. ble years to 1,800 pounds in unfavorable years. As rang Management of vegetation should be based on taking condition deteriorates, the sand bluestem, sand reedgras: half or less of the total annual production. Seeding and and ewitchgrass decrease, and blue grama, sand dropseet mechanical treatment are impractical. Referred grazing is and sand sage increase. Annual weeds and grasses invad a practical measure in improving range condition. the site as range condition becomes poorer. Windbreaks and environmental plantings are suited to Management of vegetation on this soil should be base this soul. Low available water capacity and high calcium on taking half and leaving half of the total annual produt content are the principal hazards in catablishing trees and lion. Seeding is desirable if the range is In poor condition shrubs. Weed control is needed to insure establishment Sand bluestem, sand reedgrass, switchgrass, sideoal and survival of plantings. Supplemental irrigation also grama, blue grama, pubescent wheatgrass, and creste may be needed to insure survival. Trees that are best whe.atgrass• are suitable for seeding. The grass selecte suited and have goal survival are Rocky Mountain ju- should meet the seasonal requirements of livestock. It ca niper, eastern redcedar, ponderosa pine, and Siberian elm. be seeded into a clean, firm sorghum stubble, or it can b The shrubs best adapted are akunkbush sumac and lilac. drilled into a firm prepared seedbed. Seeding early i Wildlife uses are very limited because this soil lacks spring has proven most successful. potential for producing necessary habitat elements. Windbreaks and environmental plantings are general] Because most of the acreage is rangeland, only rangeland suited to this moil. Soil blowing, the principal hazard i wildlife, for example, scaled quail and antelope, are typi- eatablishing lreea and ahrubs, can be controlled by cu cal. Extreme care is needed in managing livestock grazing tivating only in the tree row and by leaving a strip r in order to provide suitable habitat on this soil. vegetation between the rows. Supplemental irrigatio Steepnens is the most limiting soil feature that must be 'nay be needed at the time of planting and during dr considered in planning homenites and the construction of periods. Trees that are best suited and have good surviv, roads. Other limiting features are the rapid permeability are Rocky Mountain juniper, eastern redeedar, penderoe, in the substratum and the resulting hazard of ground pine. Siberian elm, Russian-olive, and hnckberry. '1'h water contamination from sewage lagoons. Site prepara- ahrubs hest suited are skunkbusb sumac, lilac, and Sibe- tion for environmental plantings such as lawns, ahrubs, an peashrub. and trees is difficult because of the high content of gravel Wildlife is an important secondary use of this soi and cobbles. Capability subclass Vila nonirrigated; Gravel Ring-necked pheasant, mourning dove, and tnany not breaks range site. game species can be attracted by establishing areas fc nesting and escape cover. For pheasants, undistnrbe nesting cover is essential and should be included in plat T°' for habitat development, especially in areas of inlensiv (71 agriculture. C Rapid expansion of Greeley and the surrounding arc has resulted in urbanization of much of this Otero so' 52—Otero sandy loam, 3 l0 5 percent slopes. This is a The soil has excellent potential for urban and recreation, deep, well drained soil on plains at elevations of 4,7(H) to development. The only limiting feature is the moderate] 5,251 feet. It formed in mixed outwash and eolian rapid permeability in the substratum, which causes deposits. Included in mapping are small areas of soils that hazard of ground water contamination from sewn. have loam and clay loam underlying material. Also in- lagoons. Lawns, shrubs, and trees grow well. Capabilit eluded are small areas of soils that have sandstone and subclass Ille irrit;ate,d, Vle nunirreated; Sandy Plait I I •. lit L„ 11-'3 r:anrc site 53—01cro sandy loam, 5 to . ncent slopes. This is a Rapid exl. ion of Greeley and the surrounding area deep, well drained nail on plains at elevations of 4,700 to has resulted in urbanization of much of this Otero soil. 5,250 feet. It formed in mixed outwash and eolian 'phis soil has excellent potential for urban and recrea- deposits. Included in (napping are small areas of soils that recrea- tional development. The primary limiting feature is the moderately rapid permeability in the s have sandstone and shale within a depth of 00 inches. ubmtratuua, which Typically the eurface layer is brown eauty loam about ean91'm a haz:IrJ of ground water contamination from it) hadscs thick. The underlying material to n depth of G0 erwnge Ing . There nee nddl11011111 COMM In cite inches Is pale brown calcareous fine musty loam. preparation because of slope. Lawns, shrubs, and trees Permeability is rapid. Available water capacity is grow }cell. Capability subclass IVe Irrigated, Vie nonir- moderate. The effective rooting depth is fill inches or rigaled; Sandy Plains range site. more. Surface runoff is medium to rapid, and the erosion hazard is low. This soil is suited to limited cropping. Intensive cropping is hazardous because of erosion. The cropping system should be limited to such close grown crops as al- falfa, wheat, and barley. This soil also is suited to ir- rigated pasture. A suitable cropping system is 3 to 4 years of alfalfa followed by 2 years of corn and small grain and alfalfa seeded with a nurse crop. Closely spaced contour ditches or sprinklers can be used in irrigating close grown crops. Contour furrows or sprinklers should be used for new crops. Applications of nitrogen and phosphorus help in tnaintaining good produc- tion. The potential native vegetation on this range site is GI—Tassel fine sandy 1011111, 5 to 20 percent slopes. dominated by sand bluestem, sand reedgrass, and blue This is a shallow, well drained soil on upland breaks at grams. Needleandthread, ewitchgrass, sideoats grama, elevations of 4,850 to 5,200 feet. It formed in residuum and western wheatgrass are also prominent. Potential from sandstone. Included in mapping are small areas of production ranges from 2,2111) pounds per acre in favora— ble years to 1,800 pounds in unfavorable years. As range Typically the surface layer of this Tassel soil is light condition deteriorates, the sand bluestem, sand reedgrass, yellowish brown fine sandy loam about 7 inches thick. The Underlying material is light yellowish brown very fine and owilchgrass decrease and blue grama, sand dropseed, a sandy loam. Sandstone is at n depth of afoul ]1 Inches. and sand sage increase. Annual weeds and grasses invade Permeability is moderately rapid. Available water the site as range condition becomes poorer. t.t:magement of vegetation on this soil should be basedcapacity is low. The effective rooting depth is l0 to 20 on faking half and leaving half of the tidal annual produc- tion. inches. Surface runoff is medium, and the erosion hazard lion. Seeding is deairable if the range Is in poor condition. is moderate. Sand bluestem, sand reedgrass, switchgrass, sideoats The potential native vegetation Is dominated by sidconls grama, little bluestem, grmna, blue grama, pubescent wheatgrass, and crested blue grarna, threw<IlraC wheatgrass are suitable for seeding. The grass selected sedge, sand reedgrass, and needleandthread. Potential should meet the seasonal requirements of livestock. It can' production ranges from 1,750 pounds per acre in favora- be seeded into a clean, firm sorghum stubble, or it can be ble years to 950 pounds in unfavorable years. As range drilled into a firm prepared seedbed. Seeding early in condition deteriorates, the sideoats grama, little bluestem, spring has proven most successful. mad sand reedgrass decrease; yucca, sedge, and blue Windbreaks and environmental plantings are generally gruna increase; turd forage production drupe. suited to this soil. Soil blowing, the principal hazard in Management of vegetation should be based on taking establishing trees and shrubs, can be controlled by cul- half or less of the total amoral production. Deferred gran livatiug only in the tree row and by leaving a strip of ing is practical in improving range condition. Seeding and vegetation between the rows. Supplemental irrigation mechanical trenlmrnl are imprnct.ical. 'may be needed at the time of planting and during dry Windbreaks and environmental plantings are generally periods. Trees that are best suited and have good survival not suited to this soil. Onsite investigation is needed tc are Rocky Mountain juniper, eastern redcedar, ponderosa determine if plantings nre feasible. pine, Siberian elm, Russiatrolive, and hackberry. The Production of vegetation on this treeless soil is low shrubs best suited are ekunkbush sumac, lilac, and Siberi- especially during drought, when annual production can be an peashrub. ns low as x110 pounds per acre. Rangeland wildlife, such a! Wildlife is an important secondary use of this soil. antelope and scaled quail, can be attracted by managing Ring-necked pheasant, mourning dove, and runny non-l livestock grazing, installing livestock watering facilities game species can be attracted by establishing areas for and reseeding where needed. nesting and escape cover. For pheasants, undisturbed This soil has poor potential for urban development. TM nesting cover is essential and should be included in plans chief limiting feature is the shallow depth to sandstone for habitat development, especially in areas of intensive Capability subclass Vie irrigated, Vle nonirrigated; Sand agriculture. stone Breaks range site. D-4 q .forl°94 APPENDIX C. q1 v(c?lant 1 APPENDIX C. 8 i Suggested Minimum Specifications for Placement of Compacted Earth Fill and/or Backfills i GENERAL The geotechnical engineer shall be the owner's, architect's, engineer's or contractor's representative to observe placement of compacted fill and/or backfill on the project. The geotechnical engineer or his representative shall approve all earth materials prior to their use, the method of placement and the degree of compaction. MATERIALS Soils used for all compacted fill and backfill shall be approved by the geotechnical engineer or his representative prior to their use. Fill material shall be free from organic matter, frozen material and other unsuitable substance and shall not contain rocks or lumps having a diameter greater than six (6) inches. SUBGRADE PREPARATION All topsoil, vegetation, trees , brush, timber, debris, rubbish and all other unsuitable material shall be removed to a depth satisfactory to the geotechnical engineer or his representative. The material shall be disposed of by suitable means prior to beginning preparation of the subgrade. The subgrade shall be scarified a minimum depth of six (6) inches, moisture conditioned as necessary and compacted in a suitable manner prior to placement of fill material. Fill shall not be placed until approval by the geotechnical engineer or his representative; and in no case, shall fill material be placed on frozen or unstable ground. Subgrade which is not stable may require the use of imported granular material , geotextiles or other methods for stabilization as approved by the geotechnical engineer. FILL PLACEMENT Fill material shall not be placed during unfavorable weather conditions. Material proposed for use as fill shall be approved by the geotechnical engineer or his representative prior to use. Proposed import material shall be approved by the geotechnical engineer or his representative prior to hauling to the project site. Fill material shall be C-2 91.029, i uniformly mixed such as to preclude the formation of lenses of material differing from the surrounding material. All clods shall be broken into small pieces. Z he contractor shall construct the fill in approximately horizontal lifts extending the entire length of the fill. The thickness of the layers before compaction shall not be greater than eight (1 inches. Fill being placed on slopes or hillsides shall be benched into the existing slope. A minimum two (2) foot horizontal bench shall be cut into the existing excavated slope for each four (4) feet vertical of fill, or each lift should be benched slightly into the existing grade. MOISTURE CONTROL Prior to and during compaction operations, the fill material being placed shall be maintained within the range of optimum moisture specified. A general recommendation is to maintain the fill material within two percent (2%) plus or minus of optimum moisture so that proper compaction to the specified density may be obtained with a minimal effort. In building pad and paved areas, material exhibiting swelling potential shall be maintained between optimum moisture and two percent (2%) wet of optimum moisture content. The moisture content of the fill material shall be maintained uniform throughout the fill. The contractor may be required to add necessary moisture to the fill material and to uniformly mix the water with the fill material if, in the opinion of the geotechnical engineer , it is not possible to obtain uniform moisture content by adding water on the fill surface. If, in the opinion of the geotechnical engineer, the material proposed for use in the compacted fill is too wet to permit adequate compaction, it shall be dried in an acceptable manner prior to placement and compaction. Uniform mixing may require discing, blading or other methods approved by the geotechnical engineer or his representative. Adjustments of moisture content shall be made on the basis of determinations of moisture content by field tests as construction progresses. COMPACTION The contractor shall furnish and operate the necessary types and kinds of equipment to perform the operations required to obtain the specified compaction. This equipment may include approved tamping rollers, rubber tired rollers, smooth wheeled rollers and vibratory rollers. If a sheepsfoot roller is used , it shall be provided with cleaner bars so attached as to prevent the accumulation of material between the tamper feet. Fill areas which are not accessible to full-sized construction equipment shall be placed in maximum four (4) inch lifts and compacted with power tampers to the specified density. C-3 91.02,91. i i Compaction should meet the minimum percentages of maximum density as set forth in the project specifications or the recommendations of the report. The contract specifications supersede the recommendations given in this report. MOISTURE DENSITY RELATIONSHIP DETERMINATION Samples of representative fill materials to be placed shall be furnished by the contractor to the geotechnical engineer for determination of maximum density and optimum moisture or relative density. Sufficient laboratory moisture density or relative density curves will be made to determine the optimum moisture content and maximum density for the various soils placed as fill . Tests for this determination will be made using the appropriate method conforming to the requirements of ASTM D 698 (Standard Proctor) , ASTM D 1557 (Modified Proctor) or ASTM D 4253, D 4254 (Relative Density) . The materials used for fill shall be classified in accordance with ASTM D 2487 in order to permit correlation between the moisture density relationship data and the material being placed and compacted. Copies of the results of these tests will be furnished to the client and others as directed by the client. These test results shall be the basis of control for all compaction effort. FIELD DENSITY AND MOISTURE TESTS The in-place density and moisture content of compacted fill will be determined by the geotechnical engineer or his representative in accordance with ASTM D 1556 (sand cone method) or ASTM D 2922, D 3017 (nuclear methods) . Material not meeting the required compaction and/or moisture specifications shall be recompacted and/or moisture conditioned until the required percent compaction and/or moisture content is obtained. Sufficient compaction tests shall be made and submitted to support the geotechnical engineer's or his representative's recommendations. The results of density tests will also be furnished to the client and others as directed. C-4 r r•-% 'b r- I LANDSCAPE IMPROVEMENTS AGREEMENT THIS AGREEMENT, made and entered into this day of 1991 , between the County of Weld, State of Colorado, acting through its Board of County Commissioners hereinafter called 'County ' and Duane Kunkel , James A. Gefroh and Fredric J. Hattman, hereinafter called the 'Applicant ' . WITNESSETH WHEREAS, Applicant has a controlling interest in the following des- cribed property in the County of Weld, Colorado: NWk of Section 13, T6N R 67W of the 6th PM, Weld County, Colorado, consid- ering the North line of the said Northwest 4 as bearing N 88°59'02" E and with all bearings contained herein relative thereto bears S 00°16'27" E 1687.64 ft . to a point on a line and again S 62°00' 50" W 126.0 ft . , and again N 76°04'03" W 138.38 ft. , and again S 69°29' 14" W 211 .00 ft. , and again N 87°43'28" W 239. 15 ft. , and again S 84°34' 13" W 248.30 ft . and again N 77°18' 10" W 78.56 ft. , and again North 11 °12'00" E 90.52 ft. from the North 4 corner of said Section 13 and runs S 75°03'00" W 169.34 ft. , thence North 77°18' 10" W 41 .75 ft . , and again N 63°14'25" W 94.25 ft . , and again N 47°38'42" W 83.78 ft. , and again N 26°48' 57" W 92.66 ft. , and again N 21 °17'08" W 208. 10 ft. , and again N 17°43'02" W 344.63 ft. ; thence N 73°56' 33" E 301 . 10 ft. ; thence along said line N 16°03' 27" W 75.28 ft. ; thence N 73°56' 33" E 296.75 ft. ; thence S 12°23'00" W 199.55 ft . ; thence S 16°03'27" E 196.00 ft. ; thence S 80°16'27" E 109. 12 ft. ; thence S 11 °12' 00" W 515.08 ft. to the pt. of beginning. WHEREAS, a final subdivision plat of said property, to be known as ANTELOPE HILLS P.U.D. WHEREAS, Section 11-1 of the Weld County Subdivision regulations re- quire guarantee of public improvements. Estimated cost of said land- scaping improvements are listed in Exhibit 'A' and are made a part of this agreement. In consideration of the foregoing and acceptance of the Final Plat, the parties hereto agree as follows: 1 . The Applicant: Shall furnish the landscape design for general goals and contract, the individual lot owner may modify the concept with respect to planting placement, but content, quality, and quantity must conform to the approved landscape plan. 2. Construction: The Applicant shall furnish the approved plan to the lot owner at the time of closing on the lot. The lot owner shall be responsible for construction. a. Construction shall be in strict conformance to the approved landscape plan. b. All materials shall be purchased from a qualified nursery or sod farm. c. At all times during the construction, the County reserves the right to inspect the work. Any work not meeting the intent of the plan shall be replaced to conform to the approved plan at the lot owner' s expense. d. The work shall be conpleted in the time frame defined in Item 4. The County Commissioners may grant extensions at their discretion. 3. Release of Liability: All contractors and other employees engaged in construction of the improvements shall maintain adequate workman ' s compensation insurance and public liability insurance coverage, and shall operate in strict accordance with the laws and regulations of the State of Colorado governing occupational safety and health. 4. General Requirements for Collateral : 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 set up and fund the escrow account for collateral he intends to utilize to secure the improvements subject to final approval of the work. The improvements shall be completed within nine months after the issuance of a certificate of occupancy for the home. The Applicant may request that this Agreement be renewed at n-fai n least thrity (30) days prior to is 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. The Applicant may have a time frame of three months to complete the work. 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. Collateral is to be tied to the National Consumer Price Index adjusting capital of the account on a annual basis. 4. 1 The Applicant intends to develop in accordance with Exhibit "A". 4.2 Each individual lot owner will begin and complete his work in accordance to his construction time schedule and limited as noted above. 5. Improvement Guarantee: The five types of collateral listed below are acceptable to Weld County subject to final approval by the Board of County Commissioners. 5. 1 An irrevocable Letter of Credit from a Federal or State licensed finan- cial 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 1000 of the total value of the improvements as set forth in Section 6.0 and exhibits "A" and "B". - The Letter of Credit shall provide for payment upon demand to Weld County if the developer has not performed the obligations specified in the Improvements Agreement and the issuer has been notified of such default. - The applicant may draw from the Letter of Credit in accordance with the provisions of this policy. - The issuer of the Letter of Credit shall guarantee that at all times the unreleased portion of the Letter of Credit shall be equal to a minimum of 100% of the estimated costs of completing the uncompleted portions of the required improvements , based on inspections of the development by the issuer. In no case shall disbursement for a general improvement item exceed the cost estimate in the Improvements Agreement (i .e. , streets, sewers, water mains and landscaping, etc.) . The issuer of the Letter of Credit will sign the Improvements Agreement acknowledging the agreement and its cost estimates. - The Letter of Credit shall specify that 15% of the total Letter of Credit amount cannot be drawn upon and will remain available to Weld County until released by Weld County. - The Letter of Credit shall specify that the date of proposed expiration of the Letter of Credit shall be either the date of release by Weld County of the final 15%, or one year from the date of Final Plat approval , whichever occurs first. Said letter shall stipulate that, in any event, the Letter of Credit shall remain in full force and effect until after the Board has received sixty (60) days 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. 5.2 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 en- cumbrances. - A building permit hold shall be placed on the encumbered property. 5.3 Escrow Agreement that provides at least the following: - The cash in escrow is at least equal to 100% of the amount specified in the Improvements Agreement. - The escrow agent guarantees that the escrowed funds will be used for improvements as specified in the agreement and for no other purpose and will not release any portion of such funds without prior approval of the Board. - The escrow agent will be a Federal or State licensed bank or financial institution. - 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. 5.4 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. 5.5 A cash deposit made with the County equivalent to 100% of the value of the improvements. 6. Request for Release of Collateral : Prior to release of collateral for the entire work on a particular lot, the owner must present to the Applicant a letter and invoices of the completed work. Payment on said invoices is the responsibility of the lot owner. 6.1 The Applicant or his representative will make an on-site inspection of the construction to evaluate the completeness of the work and write a letter of substantial completeness to the County, and will submit copies of both its report and the let owner' s letter to the County for review. 7. Successors and Assigns: This Agreement shall be binding upon the heirs, executors, personal representatives, successors and assigns of the Applicant, and upon recording by the County, shall be deemed a covenant running with the land herein described, and shall be binding upon the successors in ownership of said land. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Weld County Clerk and Recorder and Clerk to the Board BY: Deputy County Clerk APPROVED AS TO FORM: COUNTY ATTORNEY C _3s sy.7" e 9 EXHIBIT "A" Name of Subdivision: ANTELOPE HILLS P.U.D. Filing: FIRST Location: NW4 SEC. 13, T 6N, R 67 W of the 6PM, Weld County Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout this subdivision and as shown on the subdivision final plat dated , 19 , recorded on > 19 _, in Book , Page No. , Reception No. , THE FOLLOWING IMPROVEMENTS. Estimated Improvements Unit Cost Construction Cost Trees, Shrubs, and Plantings $110 EA + 35 EA $ 4,880.00 Irrigation $0. 10/SF $ 7,585.92 Turf Cover $0.20/SF $15,171 .84 Total $27,637.76 The above improvements shall be constructed in accordance with all County requirements and specifications setforth by the Landscape Plan. LANDSCAPE COST/PER LOT BASIS LOT NO. IMPROVEMENTS UNIT COST COST 1 Trees/Shrubs $110/EA + 35/EA $ 610.00 Irrigation $0.10/SF $ 1 ,200.00 Turf Cover $0.20/SF $ 2,400.00 TOTAL $ 4,210.00 2 Trees/Shrubs $110/EA + 35/EA $ 610.00 Irrigation $0.10/SF $ 1 ,553.34 Turf Cover $0.20/SF $ 3,106.68 TOTAL $ 5,270.02 3 Trees/Shrubs $110/EA + 35/EA $ 610.00 Irrigation $0.10/SF $ 1 ,003.08 Turf Cover $0.20/SF $ 2,006.16 TOTAL $ 3,619.24 4 Trees/Shrubs $110/EA + 35/EA $ 610.00 Irrigation $0.10/SF $ 508.50 Turf Cover $0.10/SF $ 1 ,017.00 TOTAL $ 2,135.50 5 Trees/Shrubs $110/EA + 35/EA $ 610.00 Irrigation $0.10/SF $ 616.80 Turf Cover $0.20/SF $ 1 ,233.60 TOTAL $ 2,460.40 6 Trees/Shrubs $110/EA + 35/EA $ 610.00 Irrigation $0. 10/SF $ 748.20 Turf Cover $0.20/SF $ 1 ,496.40 TOTAL $ 2,854.60 7 Trees/Shrubs $110/EA + 35/EA $ 610.00 Irrigation $0. 10 SF $ 978.00 Turf Cover $0.20/SF $ 1 ,956.00 TOTAL $ 3,544.00 8 Trees/Shrubs S10/EA + 35/EA $ 610.00 Irrigation $0.10/SF $ 978.00 Turf Cover $0.20/SF $ 1 ,956.00 TOTAL $ 3,544.00 Signature of Applicant Signature of Applicant Signature of Applicant Date: > 19 15.31.1fi 91 Ug- T IMPROVEMENTS AGREEMENT ACCORDING POLICY REGARDING COLLATERAL FOR IMPROVEMENTS THIS AGREEMENT, made and entered into this day of , , by and between the County of Weld, State of Colorado, acting through its Board of County Commissioners, hereinafter called "County", and DUANE KUNKEL 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: NW4 of Section 13, T6N R 67W of the 6th PPM, Weld County, Colorado, considering the North line of the said Northwest 4 as bearing N 88°59'02" E and with all bearings contained herein relative thereto bears S 00°16'27" E 1687.64 ft. to a point on a line and again S 62°00'50" W 126.0E ft. , and again N 76°04'03" W 138.38 ft. , and again S 69°29' 14" W 211 .00 ft. , and again N 87°43'28" W 239.15 ft. , and again S 84°34' 13" W 248.30 ft. and again N 77°18' 10" W 78.56 ft. , and again N 11 °12'00" E 90.52 ft. from the North 4 corner of said Sec. 13 and runs S 75°03'00" W 169.34 ft. , thence N 77°18' 10" W 41 .75 ft. , and again N 63°14'25" W 94.25 ft. , and again N 47°38'42" W 83.78 ft. , and again N 26°48'57" W 92.66 ft. , and again N 21 °17'08" W 208.10 ft. , and again N 17°43'02" W 344.63 ft. ; thence N 73°56' 33" E 301 .10 ft; thence along said line N 16°03'27" W 75.28 ft. ; thence N 73°56'33" E 296.75 ft. ; thence S 12°23'00" W 199.55 ft. ; thence S 16°03'27" E 196.00 ft. ; thence S 80°16'27" E 109. 12 ft. ; thence S 11 °12'00" W 515.08 ft. to the pt. of beginning. WHEREAS, a final subdivision plat of said property, to be known as ANTELOPE HILLS P.U.D. has been submitted to the County for approval; and WHEREAS, Section 11-1 of the Weld County Subdivision Regulations provides that no final plat shall be approved by the County until the Applicant has submitted a Subdivision Improvement Agreement guaranteeing the construction of the public improvements shown on plans, plats and supporting documents of the subdivision, which improvements, along with a time schedule for completion, are listed in Exhibits "A" and "B" of this Agreement. NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the acceptance and approval of said final plat, the parties hereto promise, covenant and agree as follows: 1 .0 Engineering Services: Applicant shall furnish, at its own expense, all engineering services in connection with the design and construction of the subdivision improvements listed on Exhibit "A" which is attached hereto and made a part hereof by this reference. 1.1 The required engineering services shall be performed by a Professional Engineer and Land Surveyor registered in the State of Colorado, and shall conform to the standards and criteria established by the County for public improvements. 1.2 The required engineering services shall consist of, but not be limited to, surveys, designs, plans and profiles, estimates, construction supervision, and the submission of necessary documents to the County. 1.3 Applicant shall furnish drawings and cost estimates for roads within the subdivision to the County for approval prior to the letting of any construction contract. Before acceptance of the roads within the subdivision by the County, Applicant shall furnish one set of reproducible "as-built" drawings and a final statement of construction cost to the County. 2.0 Rights-of-Way and Easements: Before commencing the construction of any improvements herein agreed upon, Applicant shall acquire, at its o(yw�n^y■ 1 41� .✓'�iluJ KI #0-. expense, good and sufficient rights-of-way and easements on all lands and facilities traversed by the proposed improvements. All such rights-of-way and easements used for the construction of roads to be accepted by the County shall be conveyed to the County and the documents of conveyance shall be furnished to the County for recording. 3.0 Construction: Applicant shall furnish and install, at its own expense, the subdivision improvements listed on Exhibit "A" which is attached hereto and made a part hereof by this reference, according to the construction schedule set out in Exhibit "B" also attached hereto and made a part hereof by this reference. 3.1 Said construction shall be in strict conformance to the plans and drawings approved by the County and the specifications adopted by the County for such public improvements. Whenever a subdivision is proposed within three miles of an incorporated community located in Weld County or located in any adjacent county, the Applicant shall be required to install improvements in accordance with the requirements and standards that would exist if the plat were developed within the corporate limits of that community. If the incorporated community has not adopted such requirements and standards at the time the subdivision is proposed, the requirements and standards of the County shall be adhered to. If both the incorporated community and the County have requirements and standards, those requirements and standards that are more restrictive shall apply. 3.2 Applicant shall employ, at its own expense, a qualified testing company previously approved by the County to perform all testing of materials or construction that is required by the County; and shall furnish copies of test results to the County. 3.3 At all times during said construction, Ithe County shall have the right to test and inspect or to require testing and inspection of material and work at Applicant's expense. Any material or work not conforming to the approved plans and specifications shall be removed and replaced to the satisfaction of the County at Applicant's expense. 3.4 The Applicant shall furnish proof that proper arrangements have been made for the installation of sanitary sewer or septic systems, water, gas, electric and telephone services. 3.5 Said subdivision improvements shall be completed, according to the terms of this Agreement, within the construction schedule appearing in Exhibit "B". The Board of County Commissioners, at its option, may grant an extension of the time of completion shown on Exhibit "B" upon application by the Applicant subject to the terms of Section 6 herein. 4.0 Release of Liability: Applicant shall indemnify and hold harmless the County from any and all liability loss and damage county may suffer as a result of all suits, actions or claims of every nature and description caused by, arising from, or on account of said design and construction of improvements, and pay any and all judgments rendered against the County on account of any such suit, action or claim, 2 a eim9d/ together with all reasonable expenses and attorney fees incurred by County in defending such suit, action or claim whether the liability, loss or damage is caused by, or arises out of the negligence of county or its officers, agents, employees or otherwise except for the liability, loss, or damage arising from the intentional torts or the gross negligence of the county or its employees while acting within the scope of their employment. All contractors and other employees engaged in construction of the improvements shall maintain adequate workman's compensation insurance and public liability insurance coverage, and shall operate in strict accordance with the laws and regulations of the State of Colorado governing occupational safety and health. 5.0 • a licant, or owner may be reimbursed for off-site road improvements as pro ided in this section when it has been determined by the Boa of Count Commissioners that the road facilities providing access o the subdivi ion are not adequate in structural capacity, wi th, or function classification to support the traffic requireme s of the uses of the subdivision. 5.1 The sub eider, applicant, or owner shall enter int an off,-site improvemen s agreement prior to recording the fine plat when the subdivider, pplicant, or owner expects to rece ve reimbursement for part of th cost of the off-site improvemen s. 5.2 The off-site im ovements agreement shall co tain the following: - The legal des ription of the property be served. - The name of the owner(s) of the prop ty to be served. - A description of he off-site impro ements to be completed by the subdivider, app icant, or own r. - The total cost of th off-site provements. - The total vehicular tr s to generated at build-out by the subdivision, or resubdiv si n, as specified by the ITE Trip Generation Manual, or by ecial study approved by the Board of County Commissioners. - A time period for co letion f the off-site improvements. - The terms of reimbur event. - The current addres of the person be reimbursed during the term of the agree ent. - Any off-site mprovements agreemen shall be made in conformance w th the Weld County polic on collateral for improvement . 5.3 If the subdivi er, applicant, or owner fails to comply with the improvements agreement, the opportunity to obtai reimbursement under this ection is forfeited. 5.4 When it determined by the Board of County Commiss ners that vehicul r traffic from a subdivision or resubdivision w 1 use a road mprovement constructed under an improvement agreeme t, the sub quent subdivider, applicant, or owner shall reimburs the or ginal subdivider, applicant, or owner, for a portion of he riginal construction cost. In no event shall the origina subdivider, applicant, or owner collect an amount which exceeds r. .-. e total costs of improvements less the pro rata share of t to+-1 trip impacts generated by the original developme t. Evid= ce that the original subdivider, applicant, or owne has been r imbursed by the subsequent subdivider, applicant o • owner shall be submitted to the Department of Planning Services prior to recording he final subdivision or resubdivision plat. 5.5 The amount . f road improvement cost to be paid by t subsequent subdivider, a. licant, or owner of a subdivision o resubdivision using the road mprovements constructed under a prior improvement agreement will b: based upon a pro rata share •f the total trip impacts associated ith the number and type o • dwelling units and square footage and t •e of nonresidential de elopments intended to use the road improvem:nt . The amount o road improvement cost shall also consider inf ation as measur d by the changes in the Colorado Construction Cos Index used •y the Colorado Division of Highways. The cost of r impro ements may be paid by cash • contribution to the prior s •div :er, applicant or owner or by further road improvements whi benefit the prior subdivider, applicant, or owner's property. This decision shall be at the sole discretion of the Boar of aunty Commissioners based upon the need for further off-si a road i •rovements. 5.6 The report entitled TR GENERATIO (Third Edition, 1982) of the institute of Transportation Enginee s shall normally be used for calculating a easonable pro ra - share of the road improvement coast ction costs for : 1 subdivisions or resubdivisions. special transportation stu.y shall be used for land uses not isted in the ITE Trip Gener: ion Manual. Any question abou the number of trips a subdivision or resubdivision will generat shall be decided by the County Engine r. 5.7 The term f which the subdivider, applicant, or own is entitled to reimbursement under the off-site improvements agreement, entere into between the subdivider and the county, is en years from the date of execution of a contract for road impro ements. 5.8 Th provision is not intended to create any cause of ction ainst Weld County or its officers or employees by any subdivider, applicant, or owner for reimbursement, and in no • ay is Weld County to be considered a guarantor of the monies to b reimbursed -by the subsequent subdividers, applicants, ar-ownuTs. 6.0 Acceptance of Streetsec-- M^'^ ------n_hy the County: Upon compliance with the following procedures by the Applicant, streets within a subdivision may be accepted by the County -as-a-part of- the Coa„ty rldad Ry g£eHt-�Ad-6�11� i t^i ri .i i rl h3 ihu (`n,.nty 6.1 If desired by the County, portions of street improvements may be placed in service when completed according to the schedule shown on Exhibit "B", but such use and operation shall not constitute an acceptance of said portions. 6.2 County may, at its option, issue building permits for construction on lots for which street improvements detailed herein have been started but not completed as shown on Exhibit "B", and may 4 9.1-0430 ea. maiN 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 accept them ior- County. Partial maintenance consists of all maiotenance extant for actual repair of -streets, curbs and gutters, and related P4, “. -street-improvements. Not sooner than nine months afterAacceptance k �" _ rt ' - ' ofM1streets, 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 {,I I to County standards, he shall recommendnacceptance of streets ,for- t'el-l—malritettenee. Upon a receipt of a positive unqualified recommendation from the County Engineer for acceptance of streets within the development, the Board of County Commissioners shall accept said streets, as-publie€eeilities and County p.opeLtf, and -shall--be - responsible--€or--the--full maintenance of paid otrccts Including-repair 7.0 General Requirements for Collateral: 7.1 The value of all collateral submitted to Weld County must be equivalent to 100% of the value of the improvements as shown in this Agreement. Prior to Final Plat approval, the applicant shall indicate which of the five types of collateral he prefers to be utilized to secure the improvements subject to final approval by the Board of County Commissioners and the execution of this Agreement . Acceptable collateral shall be submitted and the plat recorded within six (6) months of the Final Plat approval. If acceptable collateral has not been submitted within six (6) months then the Final Plat approval and all preliminary approvals shall automatically expire. An applicant may request that the County extend the Final Plat approval provided the cost estimates are updated and the development plans are revised to comply with all current County standards, policies and regulations. The improvements shall be completed within one (1) year after the Final Plat approval (not one year after acceptable collateral is submitted) unless the applicant(s) requests that this Agreement be renewed at least thirty (30) days prior to its expiration and further provides that cost estimates for the remaining improvements are updated and collateral is provided in the amount of 100% of the value of the improvements remaining to be completed. If improvements are not completed and the agreement not renewed within these time frames, the County, at its.0<t l 5 discretion, may make demand on all or a portion of the collateral and take steps to see that the improvements are made. 7.2 The applicant way choose to provide for a phacod development by means of designating filings of a Planned Unit Development Plan or Final Plat Subdivision. The applicant would need only to provide cullateral for the impLvvemeuts fu eaLla Ettiug as appLuveal. The County will place restrictions uu those portions of the propeley that are not coveted by eollatesal which will p.uhibli th s unria mo=o«^tt �«erel io provided of until improvements are in place and approved pursuant to the aequiLementa for a Request for 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 Cbunty 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 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 6 1.0430 -� 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. - 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. 8.5 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 21.0-190 7 .>_ 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 8.0 thru 8.5 shall be noted on the final construction plans. 9.7 Following the submittal of the Statement of Substantial. Compliance and recommendation of acceptance of the streets for partial approval by the County, the applicant(s) may request release of the collateral for the project or portion of the project by the Board. This action will be taken at a regularly scheduled public meeting of the Board. 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 by the responsible governmental entity, special district or utility company. 9.9 The warranty collateral shall be released to the applicant upon final acceptance by the Board of County Commissioners. B ".x 11.34 90 r. • th one of the following alternatives, or as specified in the PUD plan, any. 1 . The required acreage as may be determined according to ection 5-B of the Weld County Subdivision Regulations shall be dedi ted to the County or the appropriate school istrict, for one of a above purposes. Any area so d icated shall be approved by a County or school district, an shall be maintained by the County o chool district. 10.2 The required acreag as determined acc ding to Section 8-15-B of the Weld County Subdi ion Regul ons may be reserved through deed restrictions as open ea, a maintenance of which shall be a specific obligation in deed of each lot within the subdivision. 10.3 In lieu of land, the C my may requi a payment to the County in an amount equal to the market value at he time of final plat submission of a required acreage as det fined according to Section 8-15- . Such value shall be determine by a competent land • apprai r chosen jointly by the Board and the Applicant. The cash col cted shall be deposited in an escrow account to be ex nded or parks at a later date. 11 .0 Successors and Assigns: This Agreement shall be binding upon the heirs, executors, personal representatives, successors and assigns of the Applicant, and upon recording by the County, shall be deemed a covenant running with the land herein described, and shall be binding upon the successors in ownership of said land. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Weld County Clerk and Recorder and Clerk to the Board BY: Deputy County Clerk APPROVED AS TO FORM: County Attorney APPLICANT: DUANE KUNKEL BY: PARTNER (title) Subscribed and sworn to before me this day of , 19_ My commission expires: Notary Public 9.1.04:90 9 APPLICANT: GEFROH HATTMAN JAMES A. GEFROH By: PARTNER (title) Subscribed and sworn to before me this day of 1.9• My commission expires: Notary Public FREDRIC J. HATTMAN By: PARTNER (title) Subscribed and sworn to before me this day of 19 My commission expires: Notary Public 10 9.1.®4291 e"•, EXHIBIT "A" Name of Subdivision: ANTELOPE HILLS P.U.D. Filing: FIRST Location: NW-- SEC. 13_ T 6N. R 67 W of the 6PM, Wald County Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout this subdivision and as shown on the subdivision final plat dated , 19_, recorded on , 19 , in Book , Page No. Reception No. , the following improvements. (Leave spaces blank where they do not apply.) Estimated Improvements Unit Cost Construction Cost Street grading S 1 .50/CY S 1 ,088.00 Street base S 4.00/Sy S 8.520.00 Street paving S 4.24/SY S 7,070.00 Curbs, gutters, and culverts S10.00/LF S 750.00 Sidewalk N/A Storm sewer facilities N/A Retention ponds N/A Ditch improvements $ 1 .50/CY $ 450.00 Subsurface drainage N/A Sanitary sewers N/A Trunk and forced lines N/A Mains N/A Laterals (house connected) N/A On-site sewage facilities N/A On-site water supply and storage N/A Water mains $12 00/IN. FT $500.00/Each Main Tap $ 9,584.00 Fire hydrants $1500.00/Each $ 1 ,500.00 Survey & street monuments & bores N/A Street lighting N/A Street name signs N/A Fencing requirements N/A Landscaping N/A Park improvements N/A SUB-TOTAL $z8,y6z.u0 Engineering and Supervision Costs $2,500.00 (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 $ 31 ,462.00 The above improvements shall be constructed in accordance with all County requirements and specifications, and conformance with this provision shall be determined solely by Weld County, or its duly authorized agent. Said improvements shall be completed according to the construction schedule set out in Exhibit "B". GEFROH HATTMAN Signature of Applicant (If corporation, to be signed by President and attested to by Secretary, together with corporate seal.) Date: 19 91.C 431 EXHIBIT "B" Name of Subdivision: ANTELOPE HILLS P.U.D. Filing: FIRST Location: NWT SEC. 13, T 6N, R 67 W of the 6PM, Weld County Intending to be legally bound, the undersigned Applicant hereby agrees to construct the improvements shown on the final subdivision plat of Subdivision, dated , 19 , Recorded on , 19_, in 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 Street grading May 31 , 1991 _ Street base June 15, 1991 Street paving June 30, 1991 Curbs, gutters, and culverts June 15, 1991 Sidewalk N/A Storm sewer facilities June 30, 1991 Retention ponds N/A Ditch improvements June 30, 1991 Subsurface drainage N/A Sanitary sewers N/A Trunk and forced lines N/A Mains N/A Laterals (house connected) N/A On-site sewage facilities N/A On-site water supply and storage ' N/A Water mains June 15, 1991 Fire hydrants June 15, 1991 Survey & street monuments & boxes Street lighting N/A Street name signs N/A Fencing requirements N/A Landscaping N/A Park improvements N/A SUB-TOTAL Completion June 30, 1991 The County, at its option, and upon the request by the Applicant, may grant an extension of time for completion for any particular improvements shown above, upon a showing by the Applicant that the above schedule cannot be met. Signature of, Applicant GEFROH HATTMAN: Signature of Applicant Signature of Applicant (If corporation, to be signed by President and attested to by Secretary, together with corporate seal.) Date: , 19_ 913473° • AGREEMENT OF PURCHASE AND SALE ((�� VvLc-�' THIS AGREEMENT, made and entered into this 7 1 At day of zlundl, 1989, by and between Edwin D. and Marjorie A. Kadlub, whose mailing address, for the purpose of this agreement , is 625 Oak Street , Windsor, Colorado 80550, hereinafter referred to as "the Seller", and Duane Kunkel , James A. Gefroh, and Fredric J. Hattman, as tenants in common, whose mailing address, for the purpose of this agreement , is 145 West Swallow Road, Fort Collins, Colorado 80525, hereinafter referred to as "the Purchasers." WITNESSETH: For and in consideration of the promise of the Purchasers to purchase and of the Seller to sell the real estate described in paragraph 1 herein- after, and other good and valuable consideration , the receipt and adequacy of which are hereby confessed and acknowledged, the parties agree to be legally bound whereby the Seller agrees to sell and the Purchasers agree to purchase subject to conditions of the said real estate on the terms and condi- tions hereinafter set forth. 1 . Description of Real Property. The real estate which is the subject matter of this Agreement of Purchase and Sale consists of approximately eight to ten acres 3 of vacant , undeveloped real estate located in the County of Weld, State of Colorado. Final acreage will depend on location of existing gas well to proposed property. Said real estate will be in accordance with Article 10-E described by Exhibit and attached hereto and incorporated herein by reference. Said real estate shall be hereinafter referred to as "the Pro- perty." The Property shall include and there shall be conveyed to the Pur- chasers at closing all of the Seller' s rights, titles, and interest in and to minerals and mineral rights, including gravel , and other minerals , ex- cluding oil and gas located in, on, or under the surface of the Property. 2. Sale and Purchase. The Seller agrees to sell to the Purchasers , and the Purchasers agree to purchase from the Seller, subject to the terms and conditions as set forth herein, the real estate hereinabove described as "the Property." The Property shall be conveyed at the time of closing to the Purchasers by general Warranty Deed, free and clear of all liens and encumbrances, except and subject to the following: A. All easements and rights-of-way in place or of record. B. All oil , or gas, leases , reservations, or exceptions of record. C. Any restrictions , reservations, or exceptions contained in any United States or State of Colorado Patents of record. D. All zoning and other governmental rules and regulations. E. Statutory lien rights resulting from the inclusion of the Property in any improvement districts. F. General property taxes for 1990 and all subsequent years. 3. Purchase Price. The purchase price of the Property shall be the sum of per acre of land. (For purposes of this Agree- ment, the amount of land shall be nine acres. ) The actual acreage to be purchased shall be determined prior to closing by Field Survey. A. The Purchasers shall bear the cost and 9<pense of seeking Weld County Planning appro% . An earnest money deposit in a amount of $1 ,000.00 is re- quired as a part of this agreement. Said deposit shall be returned to the Purchasers upon good faith effort to seek Weld County Planning approval . Sub- mission of the P.U.D, sketch plan to the County shall constitute good faith effort. Should the Purchasers not submit for sketch plan approval within four months from the date of this agreement, the earnest money shall be forfeited 1. (L. -t �_\ k C to the Seller. The deposit shall beheld in the trust account of Len661-y tl -Crampbe44--aad_As.soc i ate.-�'C.' ..e. i C . B. The adjusted, based on actual acreage, purchase price, subject to closing costs, prorations, and adjustments, as hereinafter provided, shall be payable in cash or certified funds by the Purchasers to the Seller at the time of closing, as hereinafter set forth. 4. Title Insurance. The Seller, at her expense, shall deliver to the Purchasers, or to the Purchasers' attorney, and A. L.T.A. Owner' s Title Insurance Policy, in the amount of the purchase price, issued by a Title Insurance Company authorized to do business in the State of Colorado. A Commitment for said Title Insurance Policy shall be delivered to the Pur- chasers, or to the Purchasers' attorney, at least three (3) days prior to the date of closing. 5. Survey. The Property (and the Retained Property, as hereinafter defined) shall be surveyed prior to closing by a certified engineer, and a copy of said survey has been furnished to the Seller and the Purchasers. The Purchasers shall be solely responsible for the expense of the survey and for the expense of any additional surveying or engineering work. 6. Closing. The closing of this transaction shall be specifically con- tingent upon the fulfillment of the conditions outlined in paragraph 10. Upon satisfaction by the Purchasers of the conditions a closing date shall be set at such reasonable time, date, or location as the parties may initially agree upon. Not withstanding, the Purchasers shall have a minimum of 90 days from date f Final P.U.D. aroval , to close this transaction. 9. Possession. Possession ot the Property shall be delivered to the Purchasers at the time of closing. The Seller expressly represents and warrants that there are no leases which would interfere with the Purchasers' possession of the Property. Notwithstanding the foregoing , the Purchasers, and any architects , engineers, or other agents, independent contractors, or employees of the Purchasers, shall have the right, after execution hereof, to enter the Property, from time to time, to show the Property, to make soil and water tests, to survey the Property, and to acquire engineering and other data with respect to the Property. The Purchasers hereby agree to indemnify the Seller against any liability or loss arising out of any injury to any person or damage to any property occurring in or about the Property, resulting from any surveying or other engineering studies or work performed or caused to be performed by the Purchasers, between the date hereof and the date of closing, and against any claim for compensation or otherwise by any person, firm, or corporation that performs any such work, and will promptly discharge, at their expense, any mechanic' s liens filed by any such person, firm, or corporation. 6. Prorations. Any insurance policies assigned to the Purchasers, real property taxes and assessments, water assessments, and similar expenses, in accordance with local practice, shall be prorated as of the date of closing. a- 91.02.3i* 9. Investigation by Purchasers. The Purchasers acknowledge that they will be purchasing the Property "as is," however, the Seller expressly warrants that no easements , rights-of-ways, burdens , or encroachment exist on the Pro- perty which may preclude development as proposed by the Purchasers and sub- mitted to the County for approval . Prior to closing, a careful and thorough investigation concerning all aspects of the Property which are or may be of concern to them, including, but not limited to, the purchase price of the Property, the location of the boundaries of the Property; the nature of the soil of the Property and the compaction, permeability, or non-permeability thereof; the easements, rights-of-way, burdens, and encroachments; the zon- ing classifications and building code requirements thereof; status of all utility extensions, oversizing, and all other on-site and off-site improve- ments; and all other matters or things relating to the Property will be com- pleted. The Purchasers acknowledge that neither the Seller nor his agents or attorneys have made any representations or warranties regarding the Property, except as expressly set forth herein. Except as otherwise expressly provided herein, the Seller shall have no responsibility or liability whatsoever to the Purchasers with respect to utility extensions, oversizing, or any other on-site or off-site improvements required for the development of the Property. 10. Purchasers' Contingencies. Without limiting any of the rights of the Purchasers elsewhere provided for in this Agreement , the obligations of the Purchasers to purchase the Property shall be subject to the fulfillment of each of the conditions set forth below. The Purchasers shall , however, have the right to waive all or any of such contingencies in writing , in whole or in part. If all of the contingencies set forth hereinafter are not satis- fied or so waived, the Purchasers shall have the right to cancel this Agree- ment by giving written notice thereof to the Seller and this Agreement shall be null and void and of no further effect; and all parties to this Agreement shall be released from all obligations hereunder. The aforesaid provision with respect to the rights of the Purchasers shall not limit or affect the remedies available to the Purchasers at law or in equity in the event of a wrongful failure or refusal by the Seller to convey title to the Property to the Purchasers in accordance with the provisions hereof, A. The Purchasers' reasonable determination to be made within three (3) days following the receipt by the Purchasers, or their attorney, of the Title Insurance Commitment and all required copies of title exceptions, that the title exceptions as set forth in subparagraphs 2.A, 2.B, 2.C, 2.D, 2.E, and 2.F of paragraph 2 of this Agreement will not hinder, prohibit, or unduly impede the Purchasers' contemplated development of the Property. B. The Purchasers' reasonable determination to be made on or before the date of closing that institutional financing for the acquisition and develop- ment of the Property will be available to the Purchasers, as needed by the Purchasers, on terms satisfactory to the Purchasers. C. The ability to legally attach to existing Siasconset Road must be granted. The conditions of the ability to attach must be on terms accept- able to us. -3- 91•fog 4 • D. The ,+—rchase would be contingent on a1.44,County agencies granting subdivision ap, .val on terms acceptable to eco. lc viability and to us as • Purchasers. Approval shall mean Final P.U.D. approval by the Board of County Commissioners - Final Reading. E. The potential for future gas or oil wells and the location of the exist- ing gas well are of particular concern to the development. The Purchasers will require a minimum distance from any well to any property line of 300 feet or as may be allowed by State statues. F. The purchase is contingent upon the Seller' s contribution of $1 ,000.00 toward payment (if required) to the Antelope Hills Association and or County for rebursement of existing or future road improvements. 11 . Brokerage Commission. The parties hereto expressly acknowledge and agree that, to the best of their knowledge, there are no brokerage com- missions payable in connection with this transaction. 12. Representations by Seller. The Seller represents and warrants as follows: A. The Seller has no knowledge of any pending or threatened condemna- tion or eminent domain proceedings with respect to the Property or any part thereof. B. There is no litigation or proceeding pending (or to the Seller' s knowledge threatened) against or relating to any part of the Property, nor does the Seller know of or has reasonable grounds to know of any basis for any such action. C. The Seller has not received notice of and to the best of the Seller' s knowledge there are no violations of any laws, orders, regulations, or requirements of any governmental authority affecting the Property or any part thereof. D. The Seller has the unconditional right and power to execute and deliver this Agreement and to consummate this transaction. E. The Seller has not received any notice of default or breach by her under any of the covenants, conditions, restrictions, rights-of-way, or ease- ments affecting the Property or any portion thereof; no such default or breach now exists or will exist on the date of closing; and no event has occurred and is continuing which, with or without notice and/or the passage of time, shall constitute such a default or breach under any thereof. 13• Remedies on Default: Time is of the essence hereof. If any note or check received as earnest money hereunder or any other payment due here- under is not paid, honored or tendered when due, or if any other obligation hereunder is not performed as herein provided (in this case, timely pursuit of the obtaining of County permissions needed) , there shall be the following remedies: A. If Purchaser is in default, then all payments and things of value received hereunder shall be forfeited by Purchaser and retained on behalf of Seller and both parties shall thereafter be released from all obligations hereunder. It is agreed that such payments and things of value are liquidated damages and are Purchasers' failure to perform the obligations of this con- tract. Seller expressly waives the remedies of specific performance and ad- ditional damages. B. If Seller is in default , Purchaser may elect to treat this con- tract as terminated, in which case all payments and things of value received hereunder shall be returned to Purchasers and Purchasers may recover such dam- ages as may be proper, or Purchasers may elect to treat this contract as be- ing in full force and effect and Purchasers shall have the right to an action for specific performance or damages, or both. C. Anything to the contrary herein notwithstanding, in the event of any litigation arising out of this contract, the court may award to the prevailing party all reasonable costs and expense, including attorneys' fees. 14. Attorneys' Fees and Costs. In the event either of the respective parties hereto shall default in any of Seller's or Purchasers' convenants or obligation herein provided and the party not in default commences legal or equitable action against the defaulting party, the defaulting party expressly agrees to pay all reasonable expenses of said litigation, including a reason- able sum for atter, fees. 91 14.47 t.. 15. Governing Law. It is expressly understood and agreed by and between the parties hereto that this Agreement shall be governed by and its terms construed under the laws of the State of Colorado. 16. Notices. Any notice or other communication given by either party hereto to the other relating to this Agreement shall be sent by registered or certified mail , return receipt requested, addressed to such other party at the respective addresses set forth below; and such notice or other com- munication shall be deemed given when so mailed: If to the Seller, to: Edwin D. and Marjorie Kadlub 625 Oak Street Windsor, CO 80550 If to the Purchasers , to: Duane Kunkel James A. Gefroh Fredric J. Hattman 145 West Swallow Road Fort Collins, CO 80525 17. Assignment. The Purchasers may assign all or any part of their interest in this Agreement , provided the. Seller is notified of any such assignment at least five (5) days prior to the date of closing; provided, however, that any such assignment shall not relieve the Purchasers of any of their obligations and liabilities hereunder, including payment in full of the purchase price of the Property. 18. Condemnation. In the event of the institution of any proceedings judicial , administrative, or otherwise which shall relate to the proposed taking of any portion of the Property by eminent domain prior to closing, or in the event of the taking of any portion of the eminent domain prior to closing, the Purchasers shall have the right to terminate this Agree- ment by giving the Seller written notice to such effect within ten (10) days after receipt of written notification of such occurrence or occurrences. The Seller agrees to furnish the Purchasers with written notice in respect thereof within forty-eight (48) hours after the Seller' s receipt of such notification. 19. Maintenance of the Property. The Seller shall keep, or cause to be kept, the Property, in its condition as of the date hereof until the closing of this transaction, subject to normal wear and tear and seasonal changes, and agrees not to commit or permit waste thereon. Specifically, the Seller will refrain from performing any grading or excavation, construc- tion, or removal of any improvements, or making any other change or improve- ment upon or about the Property. 20. Headings. Paragraph headings used herein are for convenience of reference and shall in no way define, limit, or prescribe the scope or in- tent of any provision under this Agreement. 21 . Construction. Words of the masculine gender shall include the feminine and neuter genders; and when the sentence so indicates, words of the neuter gender shall refer to any gender; words in the singular shall -5- -91001,� include the plural and vice versa. This Agreement shall be construed accord- ing to its fair meaning and as if prepared by both parties hereto, and shall be deemed to be and contain the entire understanding and agreement between the parties hereto. There should be deemed to be no other terms, condi- tions, promises, understandings, statements, or representations, express or implied, concerning this Agreement unless set forth in writing and signed by both parties hereto. 22. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, administra- tors, and assigns. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. EDWIN D. KADLUB "the S 1 ' MARJORIE XADLUB "the Seller" DUANE KUNKEL i I JAMES A. GEFROH /�t.K-mil -. FREDRIC J. ; ATTMAN "the Purchasers" -6- n .-h 3 2 4 8 9 5 THE SECURITY TITLE AJARANTEE CORPORATION OF BALTIMORE Commitment for Title Insurance THE SECURITY TITLE GUARANTEE CORPORATION OF BALTIMORE, a Maryland Corporation, herein called the Com- pany, for a valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby, in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor, all subject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the proposed insured and the amount of the policy or poli- cies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate one hundred eighty (180) days after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. This Commitment shall not be valid or binding until countersigned below by a validating officer of the Company. THE SECURITY TITLE GUARANTEE CORPORATION OF BALTIMORE By: Fit faj derre.cal RSIGNED: _ '//� f/�t President# 71174./.I��.... Attest // Authorized Signatory /// Secretary LW: MrOa�a �/ MEI 4worsr �'" t2msaa 91.0°94 ST-N-9 FILE NUMBER: 685 HOMESTEAD TITLE CO. OF GREE FY, INC. DATE: December 11, 1990 930 - 11th Avenue • REF: TBD/Kadlub P.O. Box 970 Greeley, Colorado 80632 Bus: (303) 353-7629 TRANSKEITAL/INVOICE: Fax: (303) 353-7976 REGULAR RATE Recordings Title TED Commitment 150.00 TOTAL DUE: $ 150.00 ORIGINAL TO: Weld County Planning & Zoning Original Attn: Keith 915 - 10th Street Greeley, Colorado 80631 CC: NONE 91 )291 Alta Commitment Schedule A File No. : 685 SCHEDULE A 1. Effective Date: December 6, 1990 at 7:45 A.M. 2. Policies to be issued: Amount a. ALTA Owner Policy $ Proposed Insured: TO BE DETERMINED b. ALTA Loan Policy $ PLopused Insured: c. PLeposed Insured: 3. The estate or interest in the land described or referred to in this Cannitment and covered herein is: A FEE SIMPLE 4. Title to the estate or interest covered herein is at the effective date hereof vested in: EUNIN D. KADLUB AND MARIORIE A. KADLUB 91.0294 (—Countersigned and va`idas of GI Authorized Signatory ALTA Cc miitment File No. : 685 Legal Description • SCHEDULE A Legal Description 5. The land referred to in this Ca nitment is located in the County of Weld, State of Colorado and described as follows: A tract of land situate in a part of the Northwest Quarter (NW1/4) of Section Thirteen (13) , Township Six (6) North, Range Sixty-seven (67) West of the Sixth (6th) P.M. , County of Weld, State of Colorado, which considering the North Line of the said NW1/4 as bearing North 88° 59' 02" East and with all bearings contained herein relative thereto is contained within the boundary lines which begin at a point which bears South 00° 16' 27" East, 1687.64 feet to a point on a line that is parallel with and 20.00 feet Northerly and Easterly of the Roulard Lateral Irrigation Ditch, and again South 62° 00' 50" West, 126.06 feet along said parallel line, and again North 76° 04' 03" West, 138.38 feet, and again South 69° 29' 14" West, 211.00 feet, and again North 87° 43 ' 28" West, 239.15 feet, and again South 84° 34' 13" West, 248.30 feet, and again North 77° 18' 10" West, 78.56 feet, and again North 11° 12' 00" East, 90.52 feet from the North 1/4 Corner of said Section 13 and run thence along a line that is parallel with and 10.00 feet Northerly of an existing gas line South 75° 03' 00" West, 169.34 feet to a point on the Northerly and Easterly Line of the access road along the Roulard Lateral Irrigation Ditch; thence along said line North 77° 18' 10" West, 41.75 feet, and again North 63° 14' 25" West, 94.25 feet, and again North 47° 38' 42" West, 83.78 feet, and again North 63° 14' 25" West, 94.25 feet, and again North 47° 38' 42" West, 83.78 feet, and again North 26° 48' 57" West, 92.66 feet, and again North 21° 17 ' 08" West 208.10 feet, and again North 17° 43 ' 02" West, 344.63 feet; thence North 73° 56' 33" East, 301.10 feet to a point on the Easterly right of way line of Siasconset Road; thence along said line North 16° 03' 27" West, 75.28 feet; thence North 73° 56' 33" East, 296.75 feet; thence South 12° 23' 00" West, 199.55 feet; thence South 16° 03' 27" East, 196.00 feet; thence South 80° 16' 27" East, 109.12 feet; thence South 11° 12' 00" West, 515.08 feet to the Point of Beginning. 910294 ALTA Commitment File No.: 685 Schedule B-1 SCHEDULE B Section 1 Requirements The following are requirements to be canplied with: 1. Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. 2. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to wit: 3. Record Deed of Trust fran present owner to proposed mortgagee. ail"l)(6494 ALTA Commitment File No. : 685 Schedule B-2 S(SECU F B Section 2 Exceptions The Policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company. 1. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date of the proposed insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. 2. Standard Exceptions: a. Rights or claims of parties in possession not shown by the public records. b. Roads, ways, streams or easements, or claims of easements, if any, not shown by the public records, riparian rights and the title to any filled-in lands. c. All matters and facts, including, but not limited to discrepancies, encroachments, overlaps, boundary line disputes, shortage in area, which would be disclosed by a correct survey or inspection of the premises. d. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 3. The lien of any unpaid taxes or assessments against said land, if any. No examination has been made. 4. All existing roads, highways, ditches, utilities, reservoirs, canals, pipelines, power lines, telephone lines, water lines, railroads and rights of way and easements therefor. 5. Right of way for county roads 30 feet wide on either side of section and township lines, as established by the Board of County Commissioners for Weld County, recorded October 14, 1889 in Book 86 at gage 273, Weld County Records. 6. An undivided one-half interest in and to all oil, gas and other minerals in and under the subject property, together with rights of ingress and egress for purposes of exploration, drilling, and mining, and removing the same therefrom, as reserved by David Miller and Frieda Miller in Warranty Deed to Gerhart Brunner and Mary Brunner, recorded November 17, 1969 in Book 617 under Reception No. 1539352, and any and all assignments thereof or interests therein. (Continued) ALTA Commitment File No. : 685 Schedule B-2 SCHEDULES Section 2 Exceptions (Continued) 7. An Oil and Gas lease, and any and all assignments thereof, dated November 17, 1980, executed by David Miller and Frieda Miller, as Lessor and Sulphur River Exploration, Inc. , of Dallas, as Lessee, for a term of Three (3) years, recorded December 8, 1980 in Book 922 under Reception No. 1843596. 8. Terns, conditions and obligations as contained in Agreement between Daniel Roberto Ponton and Gerhart Brunner and Mary Brunner, recorded December 17, 1970 in Book 637 under Reception No. 1559041, Weld County Records. 9. An Oil and Gas lease, and any and all assignments thereof, dated February 6, 1984, executed by Edwin D. Kadlub and Marjorie A. Kadlub, as Lessor and Oilcan Corporation, as Lessee, for a term of Two (2) years, recorded February 13, 1984 in Book 1020 under Reception No. 1955928. 10. Terms and Conditions of an Agreement between Windsor Gas Processing and Marjorie A. Kadlub and Edwin D. Kadlub, recorded February 12, 1986 in Book 1102 under Reception No. 2042697, concerning purchase of a right-of-way and easement for the purposes of constructing, operating, inspecting, repairing, removing, maintaining and replacing a natural gas pipeline across the following described property, to wit: A Portion of Section 13, Township 6 North, Range 67 West, and Addendums thereto, recorded June 5, 1986 in Book 1115 under Reception No. 2056148 and recorded June 5, 1986 in Book 1115 under Reception No. 2056149, Weld County Records. NOI__B TO PROSPECTIVE BUYERS OF SINGLE FAMILY RESIDENCES (PURSUANT' TO INSURANCE REGULATION 89-2) A. "GAP" PROTECTION When Security Title Guarantee Corporation of Baltimore or its authorized agent, (hereinafter referred to as "Copany") , is re5pcnisible for recording or filing the legal documents creating the estate or interest to be insured in a single family residence and for disbursing funds necessary to complete the transaction, the Company shall be responsible for any deeds, mortgages, deeds of trust, lis-pendens, liens or other title encuMbrances which first appear in the public records subsequent to the Effective Date of the Commitment but prior to the Effective Date of the Policy, provided the following conditions are satisfied prior to the Company's disbursement of the funds: 1. Properly executed documents creating the estate or interest are in the possession of the Company. 2. A fully executed Affidavit and Indemnity form signed by the seller and satisfactory to the Company is in the possession of the Company. No Coverage will be afforded against deeds, mortgages, deeds of trust, lis-pendens, liens or other title encumbrances actually ]mown to the proposed insured prior to or at the time of recordation of the documents. Public Records as used herein means those records established under state statutes for the purpose of imparting constructive notice of deeds, mortgages, deeds of trust, lis-pendens, liens or other title encumbrances to purchasers for value and without knowledge. B. MECHANICS' LIEN PROTECTION If you are a buyer of a single family residence, you may request coverage against loss because of unrecorded claims asserted by construction, labor or material suppliers against your home. If no construction, improvements or major repairs have been undertaken on the property to be purchased within six months prior to the Date of the Commitment, the requirements to Obtain coverage for unrecorded liens will be payment of the appropriate premium and the execution by the seller of an Affidavit and Indemnity form satisfactory to the Company. If there have boon construction, improvements or major repairs undertaken on the property to be purchased, within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and/or the contractor; payment of the appropriate premium; fully executed Indemnity Agreements satisfactory to the Company; and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which you have contracted or agreed to pay. NOTHING HEREIN CONTAIIED WI L, BE DEEMED TO OR,IGATE THE COMPANY TO PROVIDE ANY OF THE COVERIGFS REFERRED TO HE EEN UNLESS THE ABOVE CONDITIONS ARE FULLY SATISKUW. r- ( ) Conditions and Stipulations included under the definition of Insured in the form of 1. The term mortgage,when used herein,shall include deed policy or policies committed for and only for actual loss of trust,trust deed,or other security instrument. incurred in reliance hereon in undertaking in good faith 2. If the proposed Insured has acquires actual knowledge (a)to comply with the requirements hereof,or(b)to of any defect, lien,encumbrance,adverse claim or other eliminate exceptions shown in Schedule B,or(c)to matter affecting the estate or interest mortgage thereon acquire or create the estate or interest or mortgage covered by this Commitment other than those shown in thereon covered by this Commitment. In no event shall Schedule B hereof,and shall fail disclose such knowledge such liability exceed the amount stated in Schedule A fr to the Company in writing,the Comm pany shall be relieved for the policy or policies committed for and such liability from liability for any loss or damage resulting from any act is subject to the insuring provisions,the Conditions and of reliance hereon to the extent the Company a prejudiced Stipulations, and the Exclusions from Coverage of the Iby n failure to so disclose such knowledge.If the proposed form of policy or policies committed for in favor of the Insured shall disclose such knowledge to the Company or proposed Insured which are hereby incorporated by such Company otherwise acquires actual knowledge any reference and are made a part of this Commitment except such defect, lien,encumbrance,adverse claim or other as expressly modified herein. matter,the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment 4. Any action or actions or rights of action that the shall not relieve the Company from liability previously proposed Insured may have or may bring against the incurred pursuant to Paragraph 3 of these Conditions and Company arising out of the status of the estate or interest or the status title Stipulations. of the mortgage thereon covered by this Commitment must be based on an are 3. Liability of the Company under this Commitment shall subject to the provisions of this Commitment. be only to the named proposed insured and such parties 174 ey,04 rEm®RAn®usl ��•��. To Utility Board Members Date December 21, 1990 COLORADO From Keith A. Schuett Subject: January 10, 1991 , Utility Board Meeting I have scheduled a Utility Board meeting for January 10, 1991, at 10:00 a.m. The meeting will be held in Room 329, third floor, Weld County Centennial Center. The agenda and map will be mailed to you about one week before the meeting. Please call Sharyn Ruff at 356-4000, extension 4400, if you cannot attend on January 10, 1991. \LQ-,47-R RESOLUTION LAW ENFORCEMENT AUThORITY ANTELOPE HILLS P.U.D. WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the Authority of administering the affairs of Weld County, Colorado, and WHEREAS, in accordance with CRS, 30-I1-402, the County has the right to establish authorities that may better assist law enforcement agencies in prevention of crime. WHEREAS, pursuant to CRS, 30-11 -403, the applicant has controlling interest in all of the property that is bounded by the Authority and notice of final P.U.D. has been properly published and noted that along with the P.U.D. said district is being established. WHEREAS, in conformance to CRS 30-11 -405 and CRS 30-11-411 the Auth- ority may be expanded to by incorporating other properties that are with- in close proximity to the Antelope Hills P.U.D, by means of notification and public election. WHEREAS, the applicant has a controlling interest in the following described property in the County of Weld , Colorado: NW4 of Section 13, T6N R 67W of the 6th PM, Weld County, Colorado, considering the North line of the said Northwest 4 as bearing N 88°59'02" E and with all bearings contained herein relative thereto bears S 00°16'27" E 1687.64 ft. to a point on a line and again S 62°00' 50" W 126.00 ft. , and again N 76°04'03" W 138.38 ft . , and again S 69°29' 14" W 211 .00 ft . , and again N 87°43'28" W 239.15 ft. , and again S 84°34' 13" W 248.30 ft . and again N 77°18' 10" W 78.56 ft. , and again North 11 °12'00" E 90.52 ft. from the North 4 corner of said Section 13 and runs S 75°03'00" W 169.34 ft. , thence North 77°18' 10" W 41 .75 ft. , and again N 63°14'25" W 94.25 ft. , and again N 47°38'42" W 83.78 ft. , and again N 26°48'57" W 92.66 ft . , and again N 21 °17'08" W 208.10 ft. , and again N 17°43'02" W 344.63 ft . ; thence N 73°56' 33" E 301 .10 ft. ; thence along said line N 16°03'27" W 75.28 ft . ; thence N 73°56' 33" E 296.75 ft. ; thence S 12°23'00" W 199.55 ft. ; thence S 16°03'27" E 196.00 ft. ; thence S 80°16'27" E 109. 12 ft. ; thence S 11 °12_ 'nn" W 515.08 ft . to the point of beginning. WHEREAS, a final subdivision plat of said property, to be known as Antelope Hills P.U.D. has been submitted to the County for approval ; and 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 . Affective Date at such time as the improvements for the P.U.D. have been accepted by the County. 2. Perpetual Existence of the Authority shall be subject to Item 9 be- low. 3. Law Suits may be undertaken by the Authority or the Authority may be sued or be party to suits, actions, or proceedings as to the operations and functions of the authority. 4. The Weld County Sheriff' s Department will provide the services and functions of the Authority. 5• Taxes may be levied by the Authority or the Board of County Com- missioners , but cannot exceed five mills. Should the Authority pro- pose any increases of the mill levy they must comply with the requirements of CRS 30-11 -405. 6. The County Commissioners shall serve as or have the authority to appoint a governing board which will serve at the discretion of the County Commissioners. The Authority Governing Board shall consist of no fewer than three members and no more than five. All actions before the Board must be approved by a simple majority. The County Assessor shall by the 15th of September each year, cer- tify to the Board to the evaluation for assessments of all taxable property located within the Authority, the current mill levy, the projected revenues due the Authority. The Sheriff shall also re- port by the 15th of September of each year his activities within the Authority, expenses relating to the Authority and budget for the coming year for the Authority. 5.7.10234 7. The Governing Board shall be responsible for setting the mill levy if it is within set maximum. If the governing board determines that the levy limit needs to be exceeded , than advertising and election procedures in accordance to CRS 30-11 -405 and CRS 30-11-406.5 shall be followed. 8. Debt cannot be incurred by the Authority. 9. Dissolution of the Authority in part or in whole shall occur at said time that the property is annexed or incorporated into any other governmental entity. If more than 50 percent of the Authority is annexed or incorporated into any other governing entity, the Author- ity shall be dissolved by January 1 of the following year or for taxation purposes until the obligations of the Authority are satisfied. 10. Payments to the sheriff shall be only for the purpose of law en- forcement which shall include adminsitration, capital expenditures, and personnel . 11 . 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 written. DATE: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Weld County Clerk and Recorder and Clerk to the Board BY: Deputy County Clerk APPROVED AS TO FORM: COUNTY ATTORNEY APPLICANT: DUANE KUNKEL BY: PARTNER (title) Subscribed and sworn to before me this day of , 19 _ My commission expires: Notary Public APPLICANT: APPLICANT: JAMES A. GEFROH FREDRIC J. HATTMAN BY: PARTNER BY: PARTNER (title) (title) Subscribed and sworn to before me Subscribed and sworn to before me this this day of day of My commission expires: My commission expires: Notary Public Notary Public 4:1 117^ .7 �- Y.J oy DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR ANTELOPE HILLS P.U.D. 01.0294 n r� DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS ANTELOPE HILL This Declaration is made by Antelope Investments Partnership ( hereinafter referred to as "Declarant" ) on this 1st day of January 1991 . WITNESSETH: ARTICLE 1 — GENERAL 1 . 1 Subdivision. Declarant is the owner of property situated in the County of Weld , State of Colorado, described as Antelope Hills P.U.D. , located , according to the plat filed with the Weld County Clerk and Recorder on the day of , 1991 , in Book at Page Hereinafter , said property is referred to as Antelope Hills P.U.D. or the "P.U.D. " 1 .2 Purposes of Declaration . Declarant will develop and will convey lots to individual owners who will construct residences on such lots, together with other appropriate improvements pertaining to such residences. This Declaration establishes the rights and obligations of the owners of the residences to be constructed , provides for maintenance of common areas to be established in conjunction with such residences, defines restrictions relating to the residences, and such common areas, establishes an association to govern common areas, and otherwise provides for the creation of the residential development and the continued maintenance thereof . 1 .3 Declaration . Declarant, for itself , its successors and assigns, hereby declares that all property constituting the P.U.D. and each part thereof , shall , from the date hereof , be owned , held , transferred , conveyed , sold , leased , rented , hypothecated , encumbered , used , occupied , maintained , altered , and improved subject to this Declaration of Covenants , Conditions, and Restrictions and all provisions herein set forth for the duration thereof , all of which are declared to be part of , pursuant to, and in furtherance of a common and general plan of development, improvement, enhancement, and protection of the P.U.D. The provisions of this Declaration are intended to and shall run with the land and , until their expiration , shall bind , be a charge upon , and inure to the general benefit of ( i ) all of the property constituting the P.U.D. ; ( ii ) Declarant, its successors, and assigns; ( iii ) the Association and its successors and assigns; and ( iv) all persons having or acquiring any right , title, or interest in any property which is a part of the P.U.D. and their heirs, personal representatives, successors , and assigns. [(�4 91.`t 29 ARTICLE II - DEFINITIONS 2. 1 General . When used in this Declaration , unless the context clearly indicates otherwise, words and phrases defined in this Article shall have the meaning provided in the following sections of this Article. 2.2 Architectural Standards Committee. Architectural Standards Committee or Committee shall mean the Architectural Standards Committee established and created pursuant to Article VII of this Declaration and functionary for all common action undertaken by the Association . 2.3 Articles of Incorporation . Articles of Incorporation or Articles shall mean the Articles of Incorporation of the Antelope Hills Association which have been or will be filed in the office of the Secretary of State of Colorado as the same may be amended from time to time. 2.4 Assessment. Assessment shall mean a common assessment , a special assessment, or a reimbursement assessment as hereinafter defined . 2. 5 Association . Association shall mean and refer to Antelope Hills Association created pursuant to Article VIII of this Declaration . 2.6 Building Envelope. Building Envelope shall mean the area on an individual Residence Lot within which a residence may be constructed on the lot. Building Envelopes on lots shall be confine by setback , easements, zoning , or dead restrictions. 2.7 Bylaws. Bylaws shall mean the Bylaws adopted by the Association as amended form time to time. 2.8 Declarant. Declaration shall mean this Declaration of Covenants, Conditions, and Restrictions , on Antelope Hills P.U.D. , as the same may be amended from time to time. 2.9 Declaration . Declaration shall mean this Declaration of Covenants, Conditions , and Restrictions, Antelope Hills P.U.D. , as the same may be amended from time to time. 2. 10 Detached Single-Family Dwelling . Detached Single- Family Dwelling shall mean an independent structure designed and occupied as a residence for a single family . 2. 11 Lot or Residence Lot. Lot or Residence Lot shall mean and refer to the individual lots numbered 1 through 8, inclusive, as shown on the plat of the P.U.D. . -2- ,q cr,0 A4 2. 12 Member. Member shall mean a member of the Association as provided in Section 8. 3 of this Declaration . 2. 13 Mortgage. Mortgage shall mean an encumbrance upon a Lot securing a debt or obligation of the owner and may be in the form of a deed of trust, mortgage, or other similar encumbrance. First Mortgage shall be a Mortgage which has a first and paramount priority under applicable law. 2. 14 Mortgagee. Mortgagee shall mean a holder of a Mortgage. First Mortgagee shall mean a holder of a First Mortgage. 2. 15 Owner. Owner shall mean the person , including Declarant, or if more than one, all persons collectively , who own a Lot in the P.U.D. . A Mortgagee shall not be considered an Owner. Such term shall include the buyer under executory contracts of sale if the buyer has possession thereof and , in such event , the seller under the contract shall be considered a Mortgagee and not the Owner. 2. 16 Person or Party . Person or Party shall mean an individual , corporation , partnership, association , trust , or other legal entity or any combination thereof . 2. 17 Reimbursement Assessment. Reimbursement Assessment shall mean a charge against a particular Owner for the purpose of reimbursing the Association for expenditures and other costs of the Association in curing any violation of this Declaration or the rules and regulations, together with all interest , attorneys ' fees, and other charges provided for herein . 2. 18 Rules and Regulations. Rules and Regulations shall mean rules and regulations adopted by the Board of Directors in accordance with this Declaration . 2. 19 Subdivision . Subdivision shall mean and refer to Antelope Hills P.U.D. filed in Weld County , State of Colorado , according to the plat of said P.U.D. filed with the Weld County Clerk and Recorder. 2.20 Single Family . Single Family shall mean a group of persons related by blood or marriage living together as a family unit. 2.21 Other Terms. Other terms may be defined and specific provisions contained in this Declaration and shall have the meaning assigned by such definition . ARTICLE III - SCOPE OF DECLARATION 3. 1 Property Subject to Declaration . All of the property constituting the P.U.D. shall be subject to all provisions of this Declaration . 3.2. Plan of Development. The P.U.D. will be developed in accordance with Weld County Lots in the P.U.D. . Declarant will convey Lots in the P.U.D. to be used as sites for Single Family residential buildings to be constructed and occupied in accordance herewith. The Association will perform such duties and functions as are set forth in this Declaration . ARTICLE IV - PROPERTY RIGHTS 4 . 1 Owners' Rights, Subject to Provisions of Declaration . Each Owner shall own his own residence and Lot for use as a Single Family residence and shall have full and complete dominion thereof , subject to the provisions of this Declaration . 4 . 1 . 1 Any rights reserved by this Declaration to Declarant , Owners, or other Persons and the Association . 4.2 Street. The street in the P.U.D. is a dedicated R.O.W. . 4.3 Lease. Any Owner shall have the right to lease his residence upon such terms and conditions as he may deem advisable, provided that each lessee shall comply with this Declaration and all Rules and Regulations of the Association . Only an entire residence may be leased , not portions thereof , and only to a Single Family at any one time for residential use. ARTICLE V - GARAGES AND OUT BUILDINGS 5. 1 Coverage Required . Each owner will be required to construct a garage for storage of motor vehicles on his Lot. The size of such garage shall be subject to approval by the Architectural Standards Committee. In any event , there shall be enclosed storage (garage) for at least two cars for each residence unit. All garages are to be attached . 5.2 Garage Doors. Doors to garages are to be kept closed at all times except during ingress and egress. Each garage shall be equipped with an automatic garage door opener. 5.3 Out Building . All structures must meet the approval of the committee, match the house in materials, shape, color , and character. All structures must meet the confines of the easements, setbacks, and R.O. W. ' s. r � ARTICLE VI - USE AND OTHER RESTRICTIONS 6. 1 Residential Use. Each residence within the P.U.D. shall be used only for Single Family residential purposes . All buildings or structures erected upon Lots in the P.U.D. shall be of new construction and no buildings or structures shall be moved from other locations onto any Lot. No structures of a temporary character, such as trailers, tents, shacks, or the like, shall be placed on any portion of a Lot, except for the purpose of a construction trailer that must obtain approval from the Architectural Standards Committee. 6.2 Hanging Articles. No clothing or household fabrics or other articles shall be hung , dried , or aired on any Lot in the P.U.D, in such a way as to be visible from any other Lot . 6.3 No Further Subdivision . No Lot may be further subdivided , nor may any easement or other interest therein be conveyed by the Owner hereof without the prior written approval of the Architectural Standards Committee. 6.4 Lawful Use. Nothing shall be done or kept in or on any Lot within the P .U.D. which would be in violation of any statute , rule, ordinance, regulation , permit, or validly imposed requirement of any governmental body . 6. 5 Nuisance. No noxious or offensive activity shall be carried on upon any Lot in the P.U.D. , nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood . No activity shall be conducted on a Lot which is or might be unsafe or hazardous to any person or persons . No part of the Common Area may be used or maintained as a dumping ground for rubbish, trash, garbage, or other waste and the same shall be disposed of in a sanitary manner. All containers or other equipment for the storage or disposal of garbage or trash shall be kept in a clean and sanitary condition , stored in the garage, or within covered and enclosed shelter except on the day of service. Garbage, trash, or waste disposal shall be accomplished in such manner as may be established by the Association . 6.6 Signs. Except as specifically provided in this Declaration , no sign or advertising device of any nature shall be erected or maintained on any property in the P.U.D. ; provided , however, that the foregoing shall not apply to the business activities and advertising of Declarant while any Lots in the P.U.D. remain unsold . "For Sale" and similar signs shall be permitted subject to regulation of size and location of such signs by the Association through its Rules and Regulations and City sign codes. -5- .. taN 6.7 Animals. No animals, livestock , or poultry or any kind shall be raised , bred , or kept in the P.U.D. except as hereinafter provided . A reasonable number of cats, dogs, or other household pets may be kept on a Lot , provided that ( i ) they are not kept, bred , or maintained for any commercial purposes; ( ii ) in the Board ' s opinion , they do not make objectionable noises or otherwise constitute an unreasonable nuisance to other Owners; ( iii ) they are kept within an enclosed yard on the Lot occupied by the owner of such pets or on a leash being held by a person capable of controlling the animal ; and ( iv) they are not in violation of any other provision of this Declaration or the Rules and Regulations. A "reasonable number" as used in this section shall ordinarily mean no more than three pets per Lot, provided , however, that the Board may , from time to time, determine that a reasonable number in any instance may be more or less than two. The Association , acting through its Board , shall have the right to prohibit maintenance of any animal which, in the sole opinion of the Board , is not being maintained in accordance with the restrictions herein . The Board may further adopt and enforce additional Rules and Regulations governing the subject of pets in this P.U.D. . It shall be the absolute duty and responsibility of each owner of a pet to clean up after such animals to the extent they have used any portion of the lot of the Owner or another Owner . 6.8 Unsightly Uses. Refuse piles or other unsightly objects or materials shall be not allowed to be placed or to remain upon the exterior of any Lot or residence. The Association shall have the right to enter upon any property in the P.U.D. and remove any rubbish piles or other unsightly objects and materials at the expense of the Owner to remove any material specified in such notice. The cost so incurred by the Association shall be assessed against the Owner as a Reimbursement Assessment . The Association , in its adopted Rules and Regulations, may further regulate the location of trash receptacles on lots and prohibit placing such receptacles in any place not authorized by the Rules and Regulations. Any firewood stored on site must be confined within a screened area , no such storage area shall be visible from the street. 6.9 Recreational Vehicles. No recreational vehicle, camper , camper not on a truck , boat, mobile home, horse trailer , or other trailer , tractor, motor home, or truck (other than a pick-up truck ) shall be stored or parked for longer than ten ( 10 ) hours anywhere within the P.U.D. in such a manner as to be visible from any portion of the P.U.D. . Any such vehicle may be kept , for periods exceeding ten ( 10) hours, only within a garage or an enclosed structure approved by the Architectural Standards Committee for such purpose. No inoperable vehicles shall be repaired , constructed , or allowed to remain on any portion of the P.U.D. -6- 91G73"-1 /1 6. 10 In addition to garage parking previously stated , each lot must provide parking for two vehicles on site . These areas must be paved . 6. 11 Landscaping . Each lot owner shall submit plans for approval by the Architectural Standards Committee for Landscape Planning which plans must also conform to the approved Landscape Plans and covenants. Purchased but unused lot will be kept free of trash and grass will be cut to conform with the regulations of the Architectural Standards Committee. No storage of any type will be allowed that is not specifically approved by the Architectural Standards Committee. Each yard from pavement of front of the house is to be landscaped with trees, shrubs, sod , and mulch with a completely automatic irrigation system. Rear yards may be sodded , seeded , mulched , xerascaped , or provided with recreation areas. The entire lot landscaping must be addressed at the time of home plan approval . 6. 12 Rules and Regulations. Every Owner , his guests, members of his family , invitees, licensees, and tenants shall strictly adhere to and comply with all Rules and Regulations adopted by the Association in accordance with the provisions of this Declaration . ARTICLE VII - ARCHITECTURAL STANDARDS COMMITTEE 7. 1 Committee. There is hereby established an Architec tural Standards Committee which shall have the powers and duties set forth herein . Initially , the Architectural Standards Committee shall consist of the following three individuals: Duane Kunkel , James A. Gefroh, Fredric J . Hattman . These three individuals, in a orderly manner, will subdelegate other property owners to serve in this capacity . A majority of the Committee may designate a representative to act for it . In the event any vacancy occurs on the Committee for any reason , the remaining members shall have full authority to designate a successor . 7.2 Restriction . No building , storage structure, awing , exterior solar attachment, fence, patio cover , or any other structure shall be erected , placed , or altered on any Lot in the P.U.D, until the plans and specifications showing the nature, kind , height , shape, materials , and location of the same have been submitted to and approved in writing by the Architectural Standards Committee. The authority of the Committee shall extend to the quality of workmanship and materials for any structure proposed ; conformity and harmony of exterior designs and finish ( including exterior paint colors) with existing structures within the P.U.D. location of all structures; topography ; finished ground elevation ; and all other matters required to assure that such structures enhance the quality of the P.U .D. and are erected in conformance with the plan for the P.U. D. including landscaping . -7- �. 7.3 Submission . Any person desiring to erect any structure in the P.U.D. shall submit the plans and specifications for the same to the Committee. Such plans and specifications may be submitted to any current member of the Committee. The Committee shall maintain a record of all materials submitted to it for consideration , which shall reflect the date such materials were received and the action ultimately taken thereon . Two copies of each submitted item are required . 7.4 Action by Committee. The Committee' s approval or disapproval of any matters submitted to it shall be in writing . In the event the Committee or its designated representative fails to approve or disapprove any submission within thirty ( 30) days after it is received , or in any event if no suit to enjoin the construction has been commenced prior to substantial completion thereof , the approval shall not be required and the related covenants shall be deemed to have been fully complied with. 7. 5 Standards and Rules. The Architectural Standards Committee may adopt standards and rules governing the type of buildings to be permitted in the P.U.D. permitted construction materials, and the like. Such standards may include permitted exterior materials and finish, including colors which are approved for the exterior of structures in the P .U.D. . The standards and rules shall be as determined from time to time by the Committee, shall be in writing , and shall be available to all interested parties at any time. 7 .6 Main House Structure. Residential dwelling not to exceed two stories in height, except where constructed on a slope permitting a full walkout . The principal dwelling shall have a minimum fully enclosed ground floor area devoted to living purposes exclusive of basements, porches, terraces, and garages of 1600 square feet for a one-story dwelling , and a minimum of 1100 square feet on the ground floor of a two-story dwelling with a minimum of 1800 square feet required overall on the first and second stories. Roofs shall be shake, slate, tile or equivalent as approved by the Architectural Control COmmittee , and shall have a minimum pitch of five-twelfths ( 5/12) . The front building exterior shall be not less than thirty percent ( 30% ) masonry . 7 .7 Compensation . Members of the Architectural Standards Committee shall not be entitled to any compensation for services performed . They shall be compensated for any expenses incurred by them in performing the duties required by their membership on the Committee. ARTICLE VIII Duration and Amendment Section 6.01 . The Restrictions contained in this Declaration shall run with and bind the Property , shall inure to the benefit of and shall be enforceable by the Owner of any Lot included in the Property , their respective legal representatives, heirs, successors and assigns until the 31st day of December in the year 2020, after which time said restrictions shall be automatically extended for successive periods of ten years . This Declaration may not be amended in any respect except by the execution of an instrument signed by all of the Lot Owners , which instrument shall be filed for recording among the Land Records of Weld County , Colorado, or in such other place of recording as may be appropriate at the time of the execution of such instrument . After December 31 , 2020, this Declaration may be amended and/or terminated in its entirety by an instrument signed by not less than 70% of the Lot Owners which instrument shall be filed for recording among the Land Records of Weld County , Colorado , or in such other place of recording as may be appropriate at the time of the execution of such instrument. ARTICLE IX - WITNESS SIGNATURES IN WITNESS WHEREOF, Declarant has caused these Covenants , Restrictions and Conditions to be executed this day of , 1991 . By ANTELOPE HILLS INVESTMENT PARTNERSHIP The above and foregoing was acknowledged before me this day of . 1991 . WITNESS my hand and official seal . 73+l My commission expires. "J Notary Public ARCHITECTURAL CONTROL COMMITTEE REQUIREMENTS Documents required for submittal should be delivered to GEFROH HATTMAN, 145 W. Swallow Road , Fort Collins, Co. 80525 223-7335 I . Conceptual Review Submit one set. Conceptual review is not mandatory but is available to prospective purchasers in advance of preparing detailed submittal requirements. A. Elevations B. Plot plan (with square footing of all finished and unfinished space within the structure ) . II . Final Submittal Submit 2 complete sets of the items listed below. One will be returned to you after approval . All the following requirements must be met . All plans must be prepared by an Architect or previously approved professional capable of preparing architectural quality documents. A. Site Plan 1 . Owner' s name, address, phone number, signature, north arrow, scale of 1 "=20" or larger, lot number and dimensions , and street name and number. Builders name, address and phone number. 2. Building location with dimensions to property lines, location of setback , easements, all paved areas such as drives, patios and stoops as well as decks and other outdoor structures whether to be built initially or the future. 3. Existing and future grades at 2' intervals with lot corner elevations . Elevations of top of foundation and first floor levels relating to the contours of the site and lot corner elevations. B. Landscape Plan 1 . To be submitted by owner and approved by the A.C .C. before landscape installation . Plans to be prepared by a landscape professional . 2. Scale to match the site plan . 3. Locations of fence, type of fence all planting bed locations, sod or seed locations, edging and mulch types, storage, play areas, decks, etc. 4 . Plant material and sizes to be: Shrubs, min . 5 gal . Trees min . 3 shade of 1 3/4" caliper , b-8 foot conifers. Front yard to be sod or seed . 5. Installation and completion dates as per covenants. �. C. Architectural plans 1 . Complete working drawings including floor plans ( all floors ) , elevations ( all sides ) , building sections, etc . The first floor plan is to show the square footage of each floor , both finished and unfinished square footing plus a total of all . 2. Engineered foundation plan . 3. Elevations showing specifications of all materials: Trim, siding windows doors , roof , railings shade structures, ornamentation , garage doors, etc. (See Guidelines) . 4. Show the height of the building from the lowest point along the front lot line and from the grade at the front door . D. Samples - - Submit one set 1 . Siding and trim with color painted/stained on actual place of siding and trim (minimum 12" long ) 2. Masonry ( sample board from brick or stone supplier, 12" x 12" ) . 3. Typed list of materials with owner ' s name, lot number, manufacturer ' s name, color number , style number, etc. NO PARTIAL APPROVAL WILL BE GIVEN. NO CONSTRUCTION CAN START UNTIL FINAL APPROVAL IS GIVEN. All changes and comments from the Architectural Control Committee regarding submittal will be signed by the owner and contractor . Any deviation will result in legal action with all attorney and court costs assumed by the owner and/or contractor. -10- 9102.9A GUIDELINES FOR ANTELOPE HILLS P.U.D. Note: This outline is to be used as a guide for the Committee and homeowner' s. Covenants require all items to be submitted to the Committee for specific approval . ITEM GUIDELINE Design Scheme Traditional or Contemporary Roof Materials Asphalt shingles, 280 LB or better. Wood shingles, shakes ( #2 or better ) , tile (No exceptions) Roof Slope Minimum of 5/12 (No exceptions) Overhangs Minimum of 12" , (No exceptions) Masonry Stone or brick , no artificial brick or stone, wrap outside corners a minimum of 4 ' on lower and upper walls . A minimum of 30% of the first floor, street- facing elevation walls shall be masonry . The area to determine the 30% will include all door and window areas but not roof area. Siding Masonite or wood lap siding with a maximum 6" exposure. (Grooved siding , vertical , board and batt O. K. ) No T 1-11 . Trim 1 4 minimum at the windows ( all around ) 1 x 4 minimum at the corners 1 x 10 at the floor changes (optional ) 1 x 4 to 1 x 10 at the top of the siding adjacent to the soffit (optional ) 1 x 10 at the bottom of the siding above the foundation (optional ) Fascia 1 x 8 minimum ( 1 x 10 preferred ) with 1 x 4 trim or gutter (No exceptions ) Exterior vents To fit exterior design Plumbing and Locate on the back side of the ridge Furnace Vents facing the street. Colors Subtle, traditional colors to blend with the character of the neighborhood . All exterior railings, wood , trim, etc. , to match trim color . No clear finish ! -11- En.029 /". .-. Windows Double hung/casement clad or painted with color to match trim color . Window grills outside face to be painted to match trim. Fences As approved by Committee. Landscaping See submittal requirements. Antennas, Antennas to be located in the attic Dishes space and satellite dishes are not allowed , only if located in the rear of the home. Items that Storm doors , basketball hoops , Need Approval playhouses, dog houses , swing sets, signs, house numbers, clothes lines, site lighting , window air conditioners , swamp coolers, firewood storage, change in color scheme, RV, boat , and addition- al vehicle parking . -12- 01C291-4.1 .-. AGREEMENT TO REIMBURSE THE INDIVIDUAL MAKERS OF DISTRICT N0. 1989-4 WHEREAS the Board of County Commissioners of Weld County has previously created an improvement district for construction of the paving of Weld County Road 70; WHEREAS said work has been completed and said district has levied and collected fees; WHEREAS the applicant has submitted plans for an eight lot P.U.D. to the Board of County Commissioners of Weld County herein referrenced as "The Board" to be known as Antelope Hills P.U.D. which will benefit from said construction as do Antelope Hills Filing N0. 1 and Antelope Hills Filing N0. 2. THEREFORE, it is resolved that the applicant agrees to reimburse the individual lot owner who formed the district as follows: A. The owners of property described as Lots 1 through 26 of Antelope Hills Subdivision Fist and Second Filings are currently assessed a sum of $16,000.00 equally divided, B. That Antelope Hills P.U.D, adds eight lots to the existing twenty six for a total of thirty four units with equal at cost sharings of the $16,000.00 district expense. Each lot shall be assessed $470.59• C. The total contribution to the current land owners from Antelope Hills P.U.D. will be $3764.72. D. Payment: The full reimbursement to each lot of the First and Second filing will be $144.79• Each payment will be made prior to filing the plat for the Antelope Hills P.U.D. E. Successors and Assigns: This Agreement shall be binding upon the heirs, executors, personal representatives, successors and assigns of the appli- cant , 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 day of , 19 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Weld County Clerk and Recorder and Clerk to the Board BY: Deputy County Clerk APPROVED AS TO FORM: County Attorney 91.C,29 AGREEMENT KNOW ALL MEN BY THESE PRESENTS: THIS AGREEMENT, is made and entered into this 21—day of January, 1991 , between and among Mission Oil Corporation, 1600 West First Street , Loveland, Colorado 80537 ( "Mission" ) ; Brooks Exploration, Inc. , 621 17th Street, Suite 2255, Denver , Colorado 80293 ( "Brooks" ) ; Gefroh Hattman, Inc . , 145 West Swallow Road, Fort Collins, Colorado 80525 and Duane Kunkel, 139 Sunflower Drive, Windsor, CO 80550 ( "Developer" ) . WITNESSETH: WHEREAS , Mission and Brooks are the leasehold owners of 100% of the oil & gas mineral rights underlying the NW/4 of Section 13 , Township 6 North, Range 67 West of the 6th P.M. , Weld County, State of Colorado, and WHEREAS, Gefroh Hattman, Inc. , has submitted to the Weld County Planning Department , a Planned Unit Development Re-Zoning Application for Antelope Hills P.U. D. , covering a portion of said NW/4 of Section 13 , T6N, R67W as more particularly described on Exhibit "A" , attached hereto and made a part hereof , and WHEREAS, the parties hereto desire to minimize the effects that approval of said re-zoning application, and the subsequent development of said Antelope Hills P.U. D. , will have on the leasehold rights of Mission and/or Brooks . NOW THEREFORE, in consideration of the premises and of the covenants herein contained, the adequacy of which are hereby ;+ confessed,^the parties hereto covenant and agree as fol}ows : V\�(` F� � c to 5,a; ec+ 410 Purchase o-- +int he re; ngbovecle5cr,bed ptoperiy by DevelOpe; ‘XX.1 . In order to comply with the Rules and Regulations of the State of Colorado Conservation Commission, Developer shall maintain a 300 foot buffer zone around the well bore of the Kadlub/Miller #2 Well , located in the SE/4NW/4 of Section 13 , T6N, R67 , by locating all of the subdivided ground of the Antelope Hills P.U. D, outside of said buffer zone . 2 . Mission and Brooks shall access said Kadlub/Miller #2 Well , via the existing dirt road located adjacent to, and on the northeast side of , the Roulard Lateral Irrigation Ditch. Said access road is located outside of the P.U. D. boundary, and no restrictions that limit either the type of equipment that may used on the access road, or the time of day during which said road may be traveled (as oilfield operations are carried out on a 24 hour a day basis) , shall be imposed on Mission and/or Brooks , their contractors, employees, or 1 . s3,1 assigns . 3 . At the time of approval of the Antelope Hills P. U.D. , any/all safety equipment , fences, gates, etc . , in excess of the requirements of the State of Colorado Conservation Commission Rules and Regulations for wells located 300 ' from any residence, that the Weld County Commissioners require to be installed at the Kadlub/Miller #2 Well , shall be borne by the Developer. 4 . The Developer acknowledges the leasehold right of Mission and Brooks to lay and maintain natural gas pipelines; and agrees to maintain all of the subdivided ground of the Antelope Hills P.U.D. a minimum of 10 feet from either side of the center line of all existing natural gas pipelines located in the NW/4 of Section 13 , T6N, R67W, Weld County, Colorado. 5 . Any and all costs to repair pipelines located in the NW/4 of Section 13 , T6N, R67W, if damaged by the Developer , their contractors or employees, shall be borne by the Developer. 6 . The Developer does hereby agree to hold harmless, defend and indemnify Mission and Brooks, their employees or assigns , from and against any and all liability, claims, remedies, damages or causes of action for personal injuries, pain and suffering, or death, arising out of or connected with or resulting from damage to natural gas pipelines located in the NW/4 of Section 13 , T6N, R67W, caused by the Developer, their contractors or employees . 8 . The terms, covenants and conditions hereof shall be binding upon, and shall inure to the benefit of the parties hereto, their heirs, successors and assigns, and such terms, covenants and conditions shall be covenants running with the lands and leases herein described and with each transfer or assignment of said lands and leases. IN WITNESS WHEREOF, this instrument is executed as of the date first above written. DEVELOPER: GEFROH HATTMAN, INC . Attest : BY .� J/ Ng' Fredric J "Hattman Vice President ` Duane Kunkel 2 ,•-", r",, LEASEHOLD OWNERS : MISSION OIL CORPORATION Attest : }!��j r �f,`ft9c� 6GIl�l}sQ� By: ILJ Kargh Burgess / Ralph L. Nelms Assistant Secretary Vice President BROOKS LORATION, INC . Attest : ‘I_)G -1.O,1, .7)/a(n By: C/(------- Diana JU Pharo, Secretary B 1 J. Brooks President STATE OF COLORADO ) •// __ -- � �� . � � ) SS. COUNTY OF I�-�Yl.�t./ ) On J ais�,( . 2 I , 1991 , before me, the undersigned, a Notary Public in and for said County and State , personally appeared Fredric J. Hattman, known to me to be the Vice President of Gefroh Hattman, Inc . , a Colorado Corporation, and acknowledged to me that he executed the same, on behalf of Gefroh Hattman, Inc. , WITNESS my hand and official seal . "L� ir/�j�. dadf� Notary Public My Commission Expires: S- i6 - Q Z Address 1800 Wgi FIRST LOVELAND, COLD. F.'{:' STATE OF COLORADO ) gJ ) SS. COUNTY OF ) Before me, the undersigned, a Notary Public, in and for said County and State, on this Z.) day of Tacilinf , 1991 , personally appeared Duane Kunkel, to me knbown to be the identical person, described in and who executed the within and foregoing instrument of writing and acknowledged to me that he duly executed the same as his free and voluntary act and deed for the uses and purposes therein set forth. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal the day and year last above written. n •_ J IIXP.G'(. ;a 4, LGI�4t it(.[1�') 1 My Commission Expires: -14 -9z Notary PublicAddress 3 9')O 113* 44.414aigJ. CL,Gon, 91.0291 .� STATE OF COLORADO ) f ) SS . COUNTY OF (-la ;tau L-' ) On .1(auto' y I7 , 1991 , before me, the undersigned, a Notary Public in and for said County and State, personally appeared Ralph L. Nelms , known to me to be the Vice President of Mission Oil Corporation, a Colorado Corporation, and acknowledged to me that he executed the same, on behalf of Mission Oil Corporation. �y� WITNESS my hand and official seal . ///• Notary Public My Commission Expires : g -/(x -€12. Address it3W '.4ES; LOVELAND, COtri C: r STATE OF COLORADO ) ) SS . COUNTY OF Demuf,k ) on ,TA uLLAe 9 lR , 1991 , before me, the undersigned, a Notary Public in and for said County and State, personally appeared Bill J. Brooks , known to me to be the President Brooks Exploration, Inc . , a Colorado Corporation, an acknowledged to me that he executed the same, on behalf of Brook Exploration, Inc . WITNESS my hand and official seal . �!G / No ary Public My Commission Expires : Add ess 4 atC C29 et r � EXHIBIT "A" Attached to and made a part of that certain Agreement between and among Mission Oil Corporation, Brooks Exploration, Inc . , Gefroh Hattman, Inc . , and Duane Kunkel , dated Jnmv a47 al 1991 . DESCRIPTION OF LANDS COVERED BY THE P.U. D. (PLANNED UNIT DEVELOPMENT) RE-ZONING APPLICATION FOR ANTELOPE HILLS P.U. D. , AS SUBMITTED BY GEFROH HATTMAN, INC. , ON FEBRUARY 21 , 1990 : A tract of land situate in a part of the NW/4 of Section 13 , T6N, R67W of the 6th P.M. , Weld County, Colorado, which considering the North line of the said NW/4 as bearing North 88 degrees 59 minutes 2 seconds East and with all bearings contained herein relative thereto is contained within the boundary lines which begin at a point which bears South zero degrees 16 minutes 27 seconds East 1 , 687 . 64 feet to a point on a line that is parallel with and 20 . 00 feet Northerly and Easterly of the Roulard Lateral Irrigation Ditch, and again South 62 degrees zero minutes 50 seconds West 126. 06 feet along said parallel line , and again North 76 degrees 4 minutes 3 seconds West 138 . 38 feet , and again South 69 degrees 29 minutes 14 seconds West 211 . 00 feet , and again North 87 degrees 43 minutes 28 seconds West 239 . 15 feet , and again South 84 degrees 34 minutes 13 seconds West 248 . 30 feet , and again North 77 degrees 18 minutes 10 seconds West 78 . 56 feet , and again North 11 degrees 12 minutes zero seconds East 90. 52 feet from the North quarter corner of said Section 13 and run thence along a line that is parallel with and 10 . 00 feet Northerly of an existing gas line South 75 degrees 3 minutes zero seconds West 169 . 34 feet to a point on the Northerly and Easterly line of the access road along the Roulard Lateral Irrigation Ditch; thence along said line North 77 degrees 18 minutes 10 seconds West 41 . 75 feet , and again North 63 degrees 14 minutes 25 seconds West 94 . 25 feet , and again North 47 degrees 38 minutes 42 seconds West 83 . 78 feet , and again North 26 degrees 48 minutes 57 seconds West 92 . 66 feet , and again North 21 degrees 17 minutes 8 seconds West 208 . 10 feet , and again North 17 degrees 43 minutes 2 seconds West 344 . 63 feet ; thence North 73 degrees 56 minutes 33 seconds East 301 . 10 feet to a point on the Easterly right-of-way line of Siasconset Road; thence along said line North 16 degrees 3 minutes 27 seconds West 75 . 28 feet , thence North 73 degrees 56 minutes 33 seconds East 296 . 75 feet , thence South 12 degrees 23 minutes zero seconds West 199 . 55 feet , thence South 16 degrees 3 minutes 27 seconds East 196. 00 feet , thence South 80 degrees 16 minutes 27 seconds East 109 . 12 feet , thence South 11 degrees 12 minutes zero seconds West 515 . 08 feet to the point of beginning containing 9 . 0300 acres, more or less . 810294 11-^ MEMORANDUM OF AGREEMENT The parties to this document agree to the following stipulations regarding impact of new housing in Weld County School District Re-4 . The parties to this agreement are Weld County School District Re-4 hereafter known as RE-4, and Jim Gefro and Rick Hattman, Inc. as partners, hereafter known as DEVELOPER. The DEVELOPER agrees to: 1 . Negotiate with RE-4 prior to seeking building permits from Weld County or the Town of Windsor pursuant to Re-4 's procedure for dedication of land or payment of cash in lieu of land caused by construction which may impact student space needs in the future. 2 . As a result of negotiations concerning the Antelope Hills Subdivision development, DEVELOPER agrees to pay Re-4 $461. 25 per dwelling unit which represents a total of $3, 690, as cash in lieu of land. RE-4 agrees to: 1 . Issue a receipt upon the DEVELOPER'S payment of $3 , 690 so that appropriate permits may be obtained. 2 . Hold funds received as a result of this agreement and only use such funds to acquire land for school purposes. This sgr ement is entered into by the parties on this 1 7 day of Ilea& , 1991. Developer - Weld Re-4 MEMORANDUM OF AGREEMENT The parties to this document agree to the following stipulations regarding impact of new housing in Weld County School District Re-4 . The parties to this agreement are Weld County School District Re-4 hereafter known as RE-4, and Duane Kunkel, Owner and Developer, hereafter known as DEVELOPER. The DEVELOPER agrees to: 1 . Negotiate with RE-4 prior to seeking building permits from Weld County or the Town of Windsor pursuant to Re-4 's procedure for dedication of land or payment of cash in lieu of land caused by construction which may impact student space needs in the future. 2 . As a result of negotiations concerning the Antelope Hills Subdivision development, DEVELOPER agrees to pay Re-4 $461. 25 per dwelling unit which represents a total of $3 , 690, as cash in lieu of land. RE-4 agrees to: 1. Issue a receipt upon the DEVELOPER'S payment of $3 , 690 so that appropriate permits may be obtained. 2 . Hold funds received as a result of this agreement and only use such funds to acquire land for school purposes. This frg�reement is entered into by the parties on this / 9 -11% day of cycft , 1991. Developer / Weld Re-4 91 C7. A Hello