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Home My WebLink About930567.tiff RESOLUTION RE: APPROVE A SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED PLANNED UNIT DEVELOPMENT PLAN FOR DEL CAMINO CENTER PARTNERSHIP, ET AL. , C/O ED KANEMOTO WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, a public hearing was held on the 30th day of June, 1993, at 10:00 a.m. for the purpose of hearing the application of Del Camino Center Partnership, et al. , c/o Ed Kanemoto, 203 South Main Street, Longmont, Colorado 80501, requesting a Site Specific Development Plan and Amended Planned Unit Development Plan for a parcel of land located on the following described real estate, to-wit: A tract of land located in the W? of the NW,' of Section 14, Township 2 North, Range 68 West of the 6th P.M. , Weld County, Colorado WHEREAS, the applicant was represented by Michael Daley and Jim Neenan, and WHEREAS, Section 28.14 of the Weld County Zoning Ordinance provides standards for review of such a Planned Unit Development (P.U.D. ) Plan, and WHEREAS, the Board of County Commissioners heard all the testimony and statements of those present, has studied the request of the applicant and the recommendations of the Weld County Planning Commission and, having been fully informed, finds that this request shall be approved for the following reasons: 1. The applicant has complied with all the application requirements listed in Section 28.9 of the Weld County Zoning Ordinance. 2. The request is in conformance with Section 28. 14 of the Weld County Zoning Ordinance as follows: a. The proposed Amended P.U.D. Plan is located within the I-25 Mixed-Use Development Area. The uses proposed for the P.U.D. Plan are consistent with the uses described in the I-25 Mixed- Use Development Area and Activity Center's Section of the Comprehensive Plan. b. The Amended P.U.D. Plan conforms to the P.U.D. District. The Utility Coordinating Advisory Committee reviewed and approved the utility plan map at its April 22, 1993, meeting. 930567 jpL_ O I c!,2� AMENDED P.U.D. PLAN - DEL CAMINO CENTER PARTNERSHIP, ET AL. PAGE 2 c. The applicant's materials demonstrate that the uses allowed under the proposed P.U.D. Plan will be compatible with existing and future development of the surrounding area and also with future development as projected by the plans of affected municipalities. d. The Amended P.U.D. Plan is not located in an overlay district area. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Del Camino Center Partnership, et al. , c/o Ed Kanemoto, for a Site Specific Development Plan and Amended Planned Unit Development Plan on the above referenced parcel of land be, and hereby is, granted subject to the following conditions: 1. Prior to recording the P.U.D. Plan plat: a. Three subdivision improvements agreements shall be approved by the Board of County Commissioners. The agreements shall include any amendments recommended by the Weld County Attorney's Office. b. The off-site road improvements agreement for Weld County Road 22 shall be approved by the Board of County Commissioners. A cul-de-sac street may be substituted for the street which accesses Weld County Road 22. c. The applicant shall amend the note on the P.U.D. Plan plat changing the easements for oil and gas drill sites from the 150-foot radius to 200-foot radius as shown on the plat. d. The applicant shall amend the note on the P.U.D. Plan plat regarding the Longmont Fire Protection District to Mountain View Fire Protection District. e. The applicant may amend the P.U.D. Plan plat by deleting the property line between Lot 1, Block 2, and the remainder of Block 2 for the purpose of consolidating the property and future property of Hauser Chemical Research, Inc. 2. The requirements of the Colorado Division of Wildlife, as outlined in its letter dated April 21, 1993, shall be met. 3. The requirements of the Colorado Department of Transportation, as outlined in its letter dated April 21, 1993, shall be met. 4. The requirements of the Weld County Health Department, as outlined in its memorandum dated April 21, 1993, shall be met. 930567 AMENDED P.U.D. PLAN - DEL CAMINO CENTER PARTNERSHIP, ET AL. PAGE 3 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 30th day of June, A.D. , 1993. BOARD OF COUNTY COMMISSIONERS ATTEST:i0 (I 04/2:47 WEL COUNTY, COLORADO Weld County Clerk to the Board WEL Constance L. Harbert, Chairman BY: 7,2-4-71d // W P/I E Deputy C r to the B ar W. H. Webster, Pro-TemTem APPROV AS TO FORM: eorge ET. Baxter ounty Attorne Dale K. Hall arbara J. Kirkmeyer 930567 NOTICE The Board of County Commissioners of Weld County, Colorado, on June 30, 1993, conditionally approved a Site Specific Development Plan and Special Review Permit 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: Del Camino Center Partnership, et al. c/o Ed Kanemoto 203 South Main Street Longmont, Colorado 80501 LEGAL DESCRIPTION: A tract of land located in the Ws of the NW! of Section 14, Township 2 North, Range 68 West of the 6th P.M. , Weld County, Colorado TYPE AND INTENSITY OF APPROVED USE: Amended Planned Unit Development Plan SIZE OF PARCEL: 72.233 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 C\LE K TO THE BOARD BY: J /C_YY1.t �,. Deputy CYlerk to the Board PUBLISHED: July 8, 1993, in the Windsor Beacon J 930567 AFFIDAVIT OF PUBLICATION STATE OF COLORADO ss COUNTY OF WELD I, KEITH HANSEN, of said County of Weld, being duly sworn,say that I am publisher of WINDSOR BEACON a weekly newspaper having a general circulation in said County and State, published in the town of WINDSOR, a - OF APPROVED USE: in said County and State; and that the notice, of which Amended Planned Uni the annexed is a true copy, has been published in said The Board of County, Development Plan tanmleelonsa of weld weekly for / _successive weeks, that the notice County,Colorado, on SIZE OF -PARCEL: was published in the regular and entire issue of every June 30, 1993, 72.233 acres, more or number of the paper during the period and time of conditionally approved less a Site _Specificpublication, and in the newspaper proper and not in a Development Plan and Failure to abide by the supplement, and that the first publication of said notice Special Review Permit terms and conditions of was in said paper bearing the date of the for the property and approval wii result in a of purpose described forfeiture of the vested day of 1,A.D.,19 1 q 3 and below. Conditional prcpedydyd. "``�bbb approval of this plan the last publication eanng the date of the xreates a vested BOARD OF COUNTY properly dent pursuant COMMISSIONERS, day of , A.D., 19_ and to Male 68 of Title 24, WELD COUNTY, that the said WINDSOR BEACON has beenpublished C.R.S., as amended, COLORADO P for a period of three continuously and uninterruptedly for the period of 5 PIP • ,.,u .,...,..Elt.:,. DONALD'.A; consecutive weeks,in said County and State, prior to the WARDEN, CLERK TO date of first publication of said notice, and the same is a APPLICANT: Del THE BOARD Camino Center newspaper within'the meaning of an Act to regulate Partnership, et al.,d/o BY: SHELLY K. printing of legal notices an advertisements, approved Ed Kanemoto, 203 MILLER, Deputy Clerk May 18, 1931,and all prior cts ar as in force. South Main Street, to the Board Longmont,Colorado� la /I �t � Published in the DESORPTION: Beacon on LEGAL DESO A tract of land Wasted � ' P LISHER in the W1/2 of the 2 S( 1 .. NW1/4 of Section 14, Subscribed and sworn to before me this -c- day Township 2 North, of Q.i Li 191,2_ Range 68 West of the �$�_• camWeld co+ar, /"'ai1,e,1 or- 7 21-c-nt +,o NOTARY PUBLIC TYPE AND INTENSITY �, - - My commission expires 9-74-1, Zr / 9 f . • 930567 HEARING CERTIFICATION DOCKET NO. 93-38 RE: SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED PLANNED UNIT DEVELOPMENT PLAN - DEL CAMINO CENTER PARTNERSHIP, ET AL. , C/O ED KANEMOTO A public hearing was conducted on June 30, 1993, at 10:00 A.M. , with the following present: Commissioner Constance L. Harbert, Chairman Commissioner W. H. Webster, Pro-Tem Commissioner George E. Baxter Commissioner -Dale K. Hall Commissioner Barbara J. Kirkmeyer Also present: -Acting Clerk to the Board, Shelly Miller -Assistant County Attorney, Lee Morrison Planning Department representative, Chuck Cunliffe The following business was transacted: I hereby certify that pursuant to a notice dated June 2, 1993, and duly published June 10, 1993, in the Windsor Beacon, a public hearing was conducted to consider the request of Del Camino Center Partnership, et al. , c/o Ed Kanemoto, for a Site Specific Development Plan and Amended Planned Unit Development (P.U.D. ) Plan. Lee Morrison, Assistant County Attorney, made this a matter of record. Chuck Cunliffe, Planning Department representative, entered the favorable recommendation of the Planning Commission into the record as written. Michael Daley represented the applicant and referred to plat explaining the north 36 acres in the P.U.D. will be platted to the balance of the property to the south. He said two parcels are presently developed, Lot 1 of Block 1 and Lot 1 of Block 2, and will be extended for Hauser Chemicals' anticipated expansion to the south. Mr. Daley noted much is generally staying the same, and -most changes are to accommodate the user. He explained the proposed loop road with two accesses has been abandoned, and they are staying with the original culdesac in Lot 3, which has its own access. Mr. Delay said they will amend the easements and relocate the gas lines. He indicated the P.U.D. is zoned as C-1, C-2, C-3, I-1, and I-2, and the building character, landscaping concept and screening will remain the same. Robert Konkel and Marvin Hopper both stated concerns about the proposed correctional facility near the Del Camino area and the lack of representation in their area. Mr. Konkel also voiced concerns regarding lack of air quality control and no landscaping on the east side of the Center. In response to comments by Mr. Konkel, Mr. Morrison explained the process for amending the Comprehensive Plan, and Chairman Harbert explained the procedure to apply for an opening on the Planning Commission. Mr. Cunliffe said C-1, C-2, C-3, I-1, and I-2 uses have been -permitted in the P.U.D. since 1989. Mr. Morrison clarified the amendment is for further development, not a change in the allowed uses. There was discussion concerning the number of hearings and workshops and the large amount of public input when the P.U.D. was originally heard. Mr. Cunliffe said there is a condition in the Zoning Ordinance which would require an -emissions permit if necessary. Mr. Daley said the landscaping is consistent with what was originally approved, which required 20 percent of the property to be landscaped. Jim Neenan, also representing the applicant, explained the elevations of the buildings and indicated 40 percent of Hauser's lot is landscaped. He noted there is a 50-foot gas line easement which restricts trees on the east side; however, there are low-line shrubs along the east side. Mr. Morrison clarified a buffer on three sides and each lot being 20 percent landscaped is all that was _originally required. Mr. Cunliffe expanded that Commercial and Industrial Zones are required, by the Zoning Ordinance, to have a minimum of 10 feet 930567 -Pi o4 cics RE: HEARING CERTIFICATION - DEL CAMINO CENTER -PARTNERSHIP, ET AL. PAGE 2 of landscaping along public roads. Chairman Harbert questioned whether the applicant had submitted an executed agreement with the Sodding Ditch Company. Mr. Cunliff-e confirmed he received said agreement this morning, and the titch -companyis satisfied. Commissioner Webster moved to approve the request of Del Camino Center Partnership, et al. , c/o Ed Kanemoto, for a Site Specific Development Plan and Amended Planned Unit Development (P.U.D. ) Plan, based on the recommendations of the Planning staff and the Planning Commission, with the Conditions of Approval and Development Standards as entered into the Tecord. The motion was seconded by Commissioner Hall, and it carried unanimously. This Certification was approved on the 7th day of July, 1993. -APPROVED: ATTES i: /VI/ BOARD OF COUNTY COMMISSIONERS /duetWE COUNTY, COLORADO Weld County Clerk to he Board By: Constance L. Harbert, Chairman eputy C1e k o the Bo ii. /¢ /j /0-42W W. H. ebbs(/tteCr,, Pro-Tem TAPE #93-23 J eorge E/ Baxter DOCK-ET #93-38 Dale . a PL0425 -Barbara J. Kirkmeye Q 930567 ATTENJJANCE RECORD HEARINGS ARE AS FeLLOWS ON THIS 30th DAY OF June 1993: DOCKET 11 93-38 - Amended PUD Plan, Del Camino Center Partnership, et al. , c/o Kanemoto DOCKET 41 -93-43 - Special Review Permit, Shaw and Wright DOCKET 8 -93-42 — Change of Zone, Wald County BOCC DOCKET 8 PLEASE write or-print your-name legibly, your address -and the DOCKET 8 (-as limited above) or -the name of -the applicant or the hearing you are attending. NAME ADDRESS HEARING ATTENDING ;T i5 KAUCcu 7z) 70; S 4lAny LortZillauf Puss-),i q - 57 i\ � 7 �_r l a 12�c' . � ,s�_� 1 if C�G�� , « il2�i 3 3� j (G,, Fitt Lt.it, /&,11 IV 57 1)e-,.,ve✓ C-e 1<-2 '2-- 91 - 3X 0OA/AlAE SI ems) --I -3 IOC A, /$ J a-00/) d(^;/.3 /3 9� s4 JC/v.; n.„'/J7, Cpl i i' c a� STX�i✓ s��/ 7�G �> LU. L. t . �� 1 6 O ) 2-- L-cy, ff4y2c 6<950V �VVVitin) 4: It) 1Ie 9cp`7-d 'oc'k' // ,C,6hq/rto),-1 Cr) F0y0 (7 cn oer 36,6-4 ill, . R, )0z to/37(410oI- (c) Y(1-ce I _ Jim EfU61.Aivh 4'b79 WCR 2`1 A b.On e,,nzmn- CC) 8060/ C* Nk\cgiNFt%t. 4Es S AI c - - Win, $e, c.nP-:2 CO Qn$`6tI 7 {_ to;) , 7 %fit I_ l0c C,;,,,tebtL & ; ,24, &`I ,i o /,t C s,� �}- P ( • ��c_ is ti 9 / S30567 ThePrudential t LTM, REALTORS® 203 S.Main St. Longmont,CO 80501 (303)772-2222 `iiegr20-1/' 41 Cc'"?KJ V. ii -`� J x'93 . '. -11 June 4, 1993 N ,� �v��4#�� co, Mr. Jack Hill �l� StiEL 4719 Weld County Road 22 Longmont, Colorado 8D5D4 Dear Jack: This letter is to serve as confirmation of our discussion -earlier today, and as the agreement between the Godding Ditch Company endDel Camino Center partnership regarding the following two items. * The Del Camino Center -Partnership shall not perform -any future activities relating the Gadding Ditch, including but not limited to crossing the Gadding Ditch easement and or digging into, draining or dumping water into the Gadding Ditch -without approval from the Ditch Company prior to commencement of that work. * The Godding Ditch Company -has indicated that their _desire to receive the storm -water run-off from the Del -Camino Center property directly into the -ditch, provided that such release into the _ditch is done in a continued manner, using facilities such as holding ponds and/or detention ponds that allow for a rontrolled discharge into the ditch. This agreement is agreed to by the following parties as evidenced by the signatures below_ DEL VINO CENTER GODDING DITCH COMPANY aZ. ..--/ M-L--)7 Edwin S. Xanemotoril Title: -General Partner Tfl itle: ' Date: 4--4' �,s Date: //b,793 Anln tlepe ntle nlry Owned nntl Ope abed Mamber o�ThePmtle nu al Re al Estate AlPli¢�o s.Inc " 930567 THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICLY MAINTAINED ROAD RIGHT-OF- WAY. IN THE EVENT THE PROPERTY UNDER CONSIDERATION IS NOT ADJACENT TOA PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY, THE APPLICANT SHALL POST LINE SIGN IN THE MOST PROMINENT PLACE ON T-HE PROPERTY AND POST A SECOND SIGN AT -THE POINT AT WHICH THE DRIVEWAY (ACC-ESS DRIVE) INTERSECTS -A PUBLICLY MAINTAINED ROAD RIG-HT-OF-WAY. BOARD OF _COUNTY COMMISSIONERS SIGN POSTING CERTIFICAT$ I HEREBY CERTIFY UNDER T-HE PENALTIES OF PERJURY THAT THE SIGN PROVIDED $Y THE DEPARTMENT OF PLANNING SERVICES WAS POSTED ON T-HE PROPERTY AT LEAST 10 DAYS BEFORE THE -BOARD OF COUNTY COMMISSIONERS HEARING FOR CASE # S-336 THE SIGN WAS POSTED BY: £ GN SIGNATURE OF - PLICANT STATE OF COLORADO ) -ss. COUNTY OF WELD ) SUBSCRIBED AND SWORN TO ME THIS /1/1—DAY OF iCvycc , 19 73 , SEAL O �� OTARY PUBLIC MY COMMISSION EXPIRES Y.-6.23_. y.` . LAST DAY TO POST SIGN IS: June 19 19 93 PLEASE RETURN THIS FORM TO THE DEPARTMENT OF PLANNING SERVIC-ES' OFFIC-E ON OR BEFORE THE DATE OF THE HEARING. 930_567 NOTICE Pursuant to the zoning laws of the State of Colorado and the Wald 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 renter, 915 10th Street, First Floor, Greeley, Colorado, at the time specified. All persons in any manner interested in the following -proposed Site Specific Development Plan and Amended 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 tearing, the Clerk to the Board's Office shall be advised in writing of such action at least live 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 lath Street, Third Floor, _Cr-eeley, Colorado. APPLICANT DOCKET NO. 933-8 Del Camino Center-Partnership, at al. c/o Ed Kanemoto 203 South Main -Street Longmont, Colorado 80501 DATE: June 30, 1993 TIME: 10:00 A.M. REQUEST: A Site Specific Development Plan and Amended Planned Unit Development Plan LEGAL DESC-RIPTION: A tract of land located in the -Wf of the NW* of Section 14, Township 2 North, -Range 68 West of the 6th -P.M. , Weld County, Colorado LOCATION: South of and adjacent to Weld County Road 22; east of and adjacent to the east I-25 Frontage Road BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: DONALD D. WARDEN WELD COUNTY CLERK TO THE BOARD BY: Linda M. Dodge Deputy Clerk to the Eoard DATED: June 2, 1993 PUBLISHED: June 10, 1993, in the Windsor Beacon ,1 ) -_L' 1T_ L� 930567 AFFIDAVIT OF PUBLICATION STATE OF COLORADO ss COUNTY OF WELD NQI19E Thlyd Floor, Greeley, I, KEITH HANSEN, of said County of Weld, being duly Colorado.Pursuant to the zoning sworn, say that I am-publisher of laws of the State of DOCKET No. �g Colorado and the Weld WINDSOR BEACON County Zoning Ordinance, APPUCANT:Del ino a public hearing will be held in the Chambers of center Kanemot et al., a weekly newspaper having a general circulation in said the Board of County C° Ed Kenemoto, 203 Countyand State, published in the town of WINDSOR, Commissioners of Weld South Main :Street, County, Colorado, Weld L°"9monL Cglofad0 in said County and State; and that the notice, of which County Centennial 90501 the annexed ifataie copy, has been published in said Center,915 10thStreet, DATE: dune weekly for / successive weeks, that the notice First Floor, Greeley, -30.1983 Colorado, at the time was published in the regular and entire issue of every riad. al persons in TIME: 10A0AM. number of the paper during the period and time of any manner interested in publication, and in the newspaper-proper and not in a the following proposed REQUEST: A Site Site Specificbevappment Specific Development supplement,-and that the first_publication of said notice Plan and Amended Plan and Amended- was insaidpaper bearing the tateof the Planned Unit PID°v^annmennae h Unit Development-Plan are /Qda of requested to-attend and Y p. L� An, 19 6!3 and may be heard. LEGAL DESCRIpfl N.A the last publicatiof(-bearing the date of the tract olan locate In tithe tr Should the-applicant or day of _any k,4, .,ed. Section 14, Townehip 2 A.D., 19 and desire tl1a p d�a th° th Rang M wof -that the-said WINDSOR BEACON has been published coon Atha p.r#abaft(a the Colorado continuously and uninterruptedly forthe period of-5 it ed consecutive weeks,in said County-and State,prior to the ream Wild,all be kept tCCATIoH:Sow, date of first publication ofsaid notice, and the same is a duringyhe hearing the a*lacent to Web ty newspaper within the-meaning of an Act-to-regulate as G Road 22; east of and assrd'soaMe adjacent to theerat 415 printing of legal-notices an advertisements, approved shell be anted in waling Frpnyge Raetl PP o s rcn We May18, 1931,and-all prior dill r as in force. WOW Wiest fns days Mier M M BOARD OF COUNTY The cost of-engaginga COMMISSLONENS, court reporter shall be WELD COUNTY, borne by the requesting COLORADO Party flare b USHER BE IT ALSO KNOWN that WARDEN WELD Subscri nd sworn -to before me this Z9 day the text and maps so _COUNTY CLERK 1O. of ~z¢.-, 19 93 certified by the Weld THE BOARD County Planning ,�/ Commission -may be BY: Linda M.Dodge, /l ICA-ed 47LLrx_Airt examined in-the office of DeMdY Clark M the Beard the Clerk to the Board of NOTARY PUBLIC County Commissioners,. Dated:June 2,1993 �'�,located in are Weld My commission expires Z-4_41d4.. County Centennial dlYMnaate In the Center,S151aa,Shot Windsor bacon on MID Ala 93%67 CERTIFICATE OF MAILING The undersigned hereby certifies that a true and correct copy of the foregoing Notice of Hearing, Docket #93-38, was placed in the United States mail, postage prepaid, addressed to the following property owners. DATED this grit day of lin,_Q/ 1993. Deputy _Clerk to the Boa Rodney R. and M. Ernestine McDaniel 9762 I-23 Access Road East Longmont, CO 80501 Fredrick H. Griffin and Lynda Tripp 9748 I-25 Access Road East Longmont, CO 80501 Larry L. and -Regina K. McBrien 9518 I-25 Access Road East Longmont, CO 80501 James T. Jr. and Carolyn S. Westervelt 9762 -1-25 Access Road East Longmont, CO 80501 Stanley Olson 4306 Weld County Road 22 Longmont, CO 80301 Herbert M. or Lillie R. Olander 1800 Lakewood Court #63 Eugene, OR 97402 Flatiron Structures Company 10090 I-25 Frontage Road Longmont, _CO 80501 U.S. Army Corps of Engineers 215 N. 17th Street Omaha, NE 68102-4978 Harold Jr. and Ronald L. Reese Christine R. McCulloch 855 Sunrise Highway Lynbrook, NY 11563 930567 Michael P. and Virginia R. Haggerty 3909 Weld County Road 204 Longmont, CO 80501 Marvin D. and Sharon K. Hopper 3656 Weld County Road 204 Longmont, CO 80501 Raymond Befus 735 Wallace Road McMinnville, OR 97128 Samuel Befus 616 Terry Street Longmont, CO 80601 Reuben Befus 7823 Hygiene Road Longmont, CO 80501 James Befus 9465 Weld County Road 7 Longmont, CO 80504 Rose Hofferber 6590 Saulsbury Court Arvada, CO 80002 Basin Operating Company 633 17th Street, Suite 150-0 Denver, CO 80202 Greg D. Fisher The Neenan Company 2290 East Prospect Road Fort Collins, CO 80525 Del Camino Center Partnership c/o Ed Kanemoto 203 South Main Street Longmont, CO 80501 930567 SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING May 18, 1993 A regular meeting of the Weld County Planning Commission was held on May 18 , 1993 , in the County Commissioners' Hearing Room (Room #101) , Weld County Centennial Building, 915 Tenth Street, Greeley, Colorado. The meeting was called to order by the Chairperson, Judy Yamaguchi, at 1:30 p.m. Tape 437 Roll Call Richard Kimmel Present Jean Hoffman Absent Tom Rulon Present Bill O'Hare Present Judy Yamaguchi Present Juliette Kroekel Absent Don Feldhaus Absent Shirley Camenisch Present Bud Clemons Present Also present: Chuck Cunliffe, Director, Greg Thompson, Current Planner, Department of Planning Services, Lee Morrison, Assistant County Attorney, Sharyn Ruff, Secretary. The summary of the last regular meeting of the Weld County Planning Commission held on May 4, 1993, was approved as read. CASE NUMBER: S-3iti6 APPLICANT: Del Camino Center Partnership, et al. , c/o Ed Kanamoto REQUEST: A Site Specific Development Plan and an Amended Planned Unit Development Plan. LEGAL DESCRIPTION: Part of the W2 of the NW4 of Section 14, T2N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: South of and adjacent to Weld County Road 22; east of and adjacent to the east I-25 Frontage Road. Greg Fisher, the Neenan Company, representative, Del Camino Partnership explained this application will amend the existing Planned Unit Development. Specialty Products Company is already in existence and Hauser Chemical has applied for building permits. This application will bring the south half of the property into better line with the north half and revise easements to coordinate with the master project. Access roads into the property were shown and the completed project will consist of 10 to 15 buildings. The property is currently zoned Industrial and Commercial which allows a broad range of uses. Loading areas will be screened from public view and 20 foot landscape buffers will run along both roads, center island areas, and between houses located near the outer lots. Greg Fisher said they had reviewed staff' s recommendation and have no compliance problems. } ,c 930567 �i ', Io i cAibi/ C • SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING May 18 , 1993 Page 2 The Chairperson asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. Richard Kimmel moved Case Number S- , Del Camino Partnership, be forwarded to the Board of County Commissioners with the Planning Commission' s recommendation for approval. Bill O'Hare seconded the motion. The Chairperson asked the secretary to poll the members of the Planning Commission for their decision. Richard Kimmel - yes; Tom Rulon - yes ; Bill O'Hare - yes ; Judy Yamaguchi - yes; Shirley Camenisch - yes ; Bud Clemons - yes . Motion carried unanimously. CASE NUMBER: Amended SUP-460 APPLICANT: Art' s Fertilizer Company, Inc. REQUEST: A Site Specific Development Plan and a Special Review permit for Open Pit Mining (Extraction of Sand and Soil) in the A (Agricultural) zone district. LEGAL DESCRIPTION: The SE4 SW4 of Section 1, T1N, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 3 miles east of the City of Ft. Lupton. Art Suppi, applicant, explained the original permit issued in 1982, allowed them to work 10 acres. They now want to work the entire 38 acres. Bud Clemons asked if they were presently mining. Art said they don' t really mine, they remove sand they then use it for additives in planter mix. Bill O'Hare asked if the applicant agreed with staff' s comments . Discussion followed regarding the Weld County Health Department' s requirements. The applicant agreed to talk with the Health Department and comply with their wishes. Shirley Camenisch asked how many years the permit would allow them to operate. Art Suppi said there was no time limit. - The Chairperson asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. Bill O'Hare moved Case Number AM SUP-460, Art's Fertilizer Company, Inc. , be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for approval. Shirley Camenisch seconded the motion. The Chairperson asked the secretary to poll the members of the Planning Commission for their decision. Richard Kimmel - yes; Tom Rulon - yes; Bill O'Hare - yes; Judy Yamaguchi - yes; Shirley Camenisch - yes; Bud Clemons - yes. Motion carried unanimously. 930567 • BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Richard Kimmel 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-3.2"6.g.% O NAME: Del Camino Center Partnership, et al. , c/o Ed Kanemoto ADDRESS: 203 S. Main Street, Longmont, CO 80501 REQUEST: A Site Specific Development Plan and an Amended Planned Unit Development Plan. LEGAL DESCRIPTION: A tract of land located in the W2 of the NW4 of Section 14, T2N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: South of and adjacent to Weld County Road 22; east of and adjacent to the east I-25 Frontage Road. be recommended favorably to the Board of County Commissioners for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 28.9 of the Weld County Zoning Ordinance. 2. The Amended Planned Unit Development (PUD) plan application is in conformance with Section 28.14 of the Weld County Zoning Ordinance as follows: The proposed Amended PUD plan is located within the I-25 Mixed-Use Development area. The uses proposed for the PUD plan are consistent with the uses described in the I-25 Mixed-Use Development Area and Activity Centers Section of the Comprehensive Plan; The Amended PUD plan conforms to the PUD district. The Utility Coordinating Advisory Committee reviewed and approved the utility plan map at its April 22, 1993, meeting; The applicant' s materials demonstrate that the uses allowed under the proposed PUD plan will be compatible with existing and future development of the surrounding area and also with future development as projected by the plans of affected municipalities; and The Amended PUD plan is not located in an overlay district area. 930567 �,�h;b;f • RESOLUTION, USR32 S Del Camino Center Partnership, et al. Page 2 These determinations are based, in part, upon a review of the information submitted by the applicant, other relevant information regarding this request, and responses of referral entities reviewing the request. The Planning Commission's recommendation for approval is conditional upon the following: 1. Prior to recording the PUD Plan plat: a. The three Subdivision Improvements Agreements shall be approved by the Board of County Commissioners. The Agreements shall include any amendments recommended by the Weld County Attorney' s Office. b. The off-site road improvements agreement for Weld County Road 22 shall be approved by the Board of County Commissioners. A cul de-sac street may be substituted for the street which accesses Weld County Road 22. c. The applicant shall amend the note on the PUD Plan plat changing the easements for oil and gas drill sites from the 150 foot radius to 200 foot radius as shown on the plat. d. The applicant shall amend the note on the PUD Plan plat regarding the Longmont Fire Protection District to Mountain View Fire Protection District. e. The applicant may amend the PUD Plan plat by deleting the property line between Lot 1, Block 2, and the remainder of Block 2 for the purpose of consolidating the property and future property of Hauser Chemical Research, Inc. f. The applicant shall submit to the Department of Planning Services an executed agreement with the Godding Ditch Company that addresses the concerns outlined in Francis Gregerson's letter of April 12, 1993. 2. The requirements of the Colorado Division of Wildlife, as outlined in its letter dated April 21, 1993, shall be met. 3. The requirements of the Colorado Department of Transportation, as outlined in its letter dated April 21, 1993, shall be met. 4. The requirements of the Weld County Health Department, as outlined in its memorandum dated April 21, 1993, shall be met. 930567 S • RESOLUTION, USR-321,33/, Del Camino Center Partnership, et al. Page 3 Motion seconded by Bill O'Hare. VOTE: For Passage Against Passage Richard Kimmel Tom Rulon Bill O'Hare Judy Yamaguchi Shirley Camenisch Bud Clemons The Chairperson declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioners for further proceedings. CERTIFICATION OF COPY I, Sharyn Ruff, Recording Secretary for the Weld County Planning Commission, do hereby certify that the above and foregoing resolution, is a true copy of the resolution of the Planning Commission of Weld County, Colorado, adopted on May 18, 1993. Dated the 18th of May, 1993. tuff t4P F. RuffSecretary 930567 • • ... ,: ..INVlNTORY OF ITEMS SUBMITTED FOR CONSIDERATION Applicant: Del Camino Partnership, et al Case Number: S 32' 3 Submitted or Prepared Prior to Hearing At Hearing 1. Application 105 pages X 2. 4 Application plats 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. DPS Maps Prepared by Planning Technician X 8. Affidavit of Publication X 9. DPS Case File Summary Sheet X 10. DPS Field Check X 11. Referral response dated May 4, 1993, from X Tri-Area Planning Commission 12. Referral response dated April 26, 1993, from X City of Longmont 13. Referral response dated April 16, 1993, from X Weld County Sheriff 14. Referral response dated April 13, 1993, from X Longmont Soil Conservation 15. Minutes of April 22, 1993, Weld County Utilities X Advisory Committee Meeting 16. Memo dated April 21, 1993, from Weld County X Health Department 17. Letter dated April 12, 1993, from Godding X Ditch Company 18. Letter dated April 15, 1993, from Mountain View X Fire Protection District 19. Planning Commission member's field check X inspection report &A/hi/4 930567 • . INVENTORY OF ITEMS, S-3.2'6-33& Del Camino Partnership, et al. Page 2 Submitted or Prepared Prior to Hearing At Hearing 20. Letter dated April 21, 1993, from Colorado X Department of Transportation 21. Letter dated April 20, 1993, from KN Front Range X Gathering Company 22. Letter dated April 29, 1993, from Colorado X Division of Wildlife 23. Memo dated May 13, 1993, from Weld County X Engineering I hereby certify that the 23 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 May 20, 1993. c1 � c',-... Chuck Cunlif e, Director STATE OF COLORADO ) COUNTY OF WELD SUBSCRIBED AND SWORN TO BEFORE ME THIS a day of 195 SEAL NOTARY PUBLIC My Commission Expires MyL rawaSmaD SNana21,I of F ... wk ir. t 1 � y • - - t r '. 0 J O ��........ ray 53056/ i XH t I'1' INVENTORY ORY CONTROL SHEET Case An /2/./6 (s��. �) ,te-/CCm/naC2n/e►- rr. _rsh, c tet/ �d kezn.-Ana fa Exhibit Submitted By Exhibit Description -61,26 A. /2/?,1i)y 5, I/G Die -;/',/r r B• /G7/7n//?g L a-272/71/-515//SSA GYM / 5i/ Z 7 ,V4.--1 eti 7/ ?-ell 7o1-? /"`o C. f%/,n/i'' 67712irir.SSi�71 ir7rn.Cr 0/1 #fLLr/1_79 3-12-1, D. C'L�. Tz) I/ • c�- (]f /,&//rz, E. F. G. H. I. J. K. L. M. N. 0. P. Q. R. S. T. U. V. W. X. Y. Z. 930567 111 DATE: May 18, 1993 CASE NUMBER: S-32533 NAME: Del Camino Center Partnership, et al. , c/o Ed Kanemoto ADDRESS: 203 S. Main Street, Longmont, CO 80501 REQUEST: A Site Specific Development Plan and an Amended Planned Unit Development Plan. LEGAL DESCRIPTION: A tract of land located in the W2 of the NW4 of Section 14, T2N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: South of and adjacent to Weld County Road 22; east of and adjacent to the east I-25 Frontage Road. 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 Amended Planned Unit Development (PUD) plan application is in conformance with Section 28.14 of the Weld County Zoning Ordinance as follows: The proposed Amended PUD plan is located within the I-25 Mixed-Use Development area. The uses proposed for the PUD plan are consistent with the uses described in the I-25 Mixed-Use Development Area and Activity Centers Section of the Comprehensive Plan; The Amended PUD plan conforms to the PUD district. The Utility Coordinating Advisory Committee reviewed and approved the utility plan map at its April 22, 1993, meeting; The applicant's materials demonstrate that the uses allowed under the proposed PUD plan will be compatible with existing and future development of the surrounding area and also with future development as projected by the plans of affected municipalities; and The Amended PUD plan is not located in an overlay district area. These determinations are based, in part, upon a review of the information submitted by the applicant, other relevant information regarding this request, and responses of referral entities reviewing the request. 93056' • RECOMMENDATION, USA-325 Del Camino Center Partnership, et al. Page 2 The Department of Planning Services' staff recommendation for approval is conditional upon the following: 1. Prior to recording the PUD Plan plat: a. The three Subdivision Improvements Agreements shall be approved by the Board of County Commissioners. The Agreements shall include any amendments recommended by the Weld County Attorney's Office. b. The off-site road improvements agreement for Weld County Road 22 shall be approved by the Board of County Commissioners. A cul de-sac street may be substituted for the street which accesses Weld County Road 22. c. The applicant shall amend the note on the PUD Plan plat changing the easements for oil and gas drill sites from the 150 foot radius to 200 foot radius as shown on the plat. d. The applicant shall amend the note on the PUD Plan plat regarding the Longmont Fire Protection District to Mountain View Fire Protection District. e. The applicant may amend the PUD Plan plat by deleting the property line between Lot 1, Block 2 and Block 6 for the purpose of consolidating the property and future property of Hauser Chemical Research, Inc. f. The applicant shall submit to the Department of Planning Services an executed agreement with the Godding Ditch Company that addresses the concerns outlined in Francis Gregerson's letter of April 12, 1993. 2. The requirements of the Colorado Division of Wildlife, as outlined in its letter dated April 21, 1993, shall be met. 3. The requirements of the Colorado Department of Transportation, as outlined in its letter dated April 21, 1993, shall be met. 4. The requirements of the Weld County Health Department, as outlined in its memorandum dated April 21, 1993, shall be met. 930567 "/ 17- 36 Y �M� � � (2..)) r) / IBM \G1 °9pp �fL /; ) 4827 �� 1R ,J _ ��(/ _ -' j CHANCE \ I (, fie' I ^•'�/ --�j 1 4,_. L)),7-i),— IL_____„,v 1.95 \J v 1. el _ . • • I4aJ2_� —24, i J_ 0. 4 • 3 �� 2 �' 1 �-4ea31 I, V�. �t/.�� 4839 `V` J I 1 V i� Gravel Pit i3Oj4O4 J / • LA3 --�� ..J 1 7 1, / }48,--..--,-.' y r _� to L, 4850 tMtnO /� �� , i a 4855 ._.- - 10 r21Th �� _" Kr I1 12 9 . 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''' ice' ii. -' y(r\ii ( ,.. 7 V • LAND-USE APPLICATION SUMMARY SHEET Date: May 11, 1993 CASE NUMBER: S-..325.550 NAME: Del Camino Center Partnership, et al. , c/o Ed Kanemoto ADDRESS: 203 South Main Street, Longmont, CO 80525 REQUEST: A Site Specific Development Plan and an Amended Planned Unit Development Plan. LEGAL DESCRIPTION: A tract of land located in the W2 of the NW4 of Section 14, T2N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: South of and adjacent to Weld County Road 22; east of and adjacent to the east I-25 Frontage Road. POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The criteria for review of this Amended Planned Unit Development Plan is listed in Section 28.13 of the Weld County Zoning Ordinance. The Department of Planning Services' staff has received referral responses from the following agencies: 1. Mountain View Fire Protection District. 2. Weld County Sheriff's Department. 3. Weld County Health Department. 4. Weld County Engineering Department. 5. Colorado Department of Transportation. 6. Colorado Division of Wildlife. 7. City of Longmont 8. Longmont Soil Conservation District. 9. Godding Ditch Company. 10. Tri-Area Planning Commission. The Department of Planning Services' staff did not receive referral responses from the following agencies: 1. Weld County Emergency Management Office. 2. Colorado Oil and Gas Commission. The Department of Planning Services' staff has not received any objections from surrounding property owners. 930567 PLANNED UNIT DEVELOPMENT PLAN APPLICATION Department of Planning Services, 915 10th Street, Room 342, Greeley, Colorado PHONE: 356-4000 Ext. 4400 FOR PLANNING DEPARTMENT USE ONLY: CASE NO. APPLICATION FEE ZONING DISTRICT DATE RECEIPT NO. APPLICATION CHECKED BY RECORDING FEE RECEIPT NO. TO BE COMPLETED BY APPLICANT: (Print or type only except for required signatures. ) I (we) , the undersigned, hereby request a hearing before the Weld County Planning Commission and the Board of County Commissioners concerning proposed subdivision of the following described unincorporated area of Weld County. LEGAL DESCRIPTION: See attached sheet (If additional space is required, attach an additional sheet of this same size. ) NAME OF PROPOSED PUD SUBDIVISION Amended Del Camino Center P.U.D. - Filing No. 1 EXISTING ZONING PUD Industrial Park-(C1,c 0e 0 $R4P9$ED LOTS 10-15 (flexible lot line) TOTAL AREA (ACRES) 72.233 ac. LOT SIZE: AVgrUGE 5 ac MINIMUM 1.25 ac UTILITIES: WATER: NAME Central Weld Water SEWER: NAME St. Vrain Sanitation District GAS: NAME Rocky Mountain Gas PHONE: NAME US West ELECTRIC: NAME United Power DISTRICTS: SCHOOL: NAME RE1-0 (Longmont) FIRE: NAME Mountain View Fire Protection District DESIGNER'S NAME The Neenan Company - ( ran ADDRESS 2290 E. Prospect Rd. , Ft. Collins, CO 80525 PHONE 495-6323 ENGINEER'S NAME Park Engineering Consultants - Don Park PHONE 651-6626 ADDRESS 1240 Main St. , Longmont, CO 80501 FEE OWNERS OF AREA PROPOSED FOR PUD sumtvistouPrudential-LTM Realtors NAME Del Camino Partnership - c/o Ed Kanemoto PHONE 772-2222 ADDRESS 203 So. Main Street, Longmont, CO 80501 NAME Hauser Chemical Research, Inc. PHONE 443-4662 ADDRESS 5555 Airport Blvd. , Boulder, CO NAME Frank S. Bigelow - Specialty Products PHONE ADDRESS 4045 Specialty Place, Longmont, CO 80504 772-2103 APPLICANT OR AUTHORIZED AGENT (if different than above) NAME Same as Designer ADDRESS HOME TELEPHONE /) BUSINESS TELEPHONE 1/ I hereby depose and state under the penalties of perjury that all statements, proposals, and plans submitted with or contained within this application are true and correct to the best f my knowledge. COUNTY OF-WEL-D ) ) SS STATE OF COLORADO) &? :cFQ 'h : -! Si natur ne r or Authorized Agent Subscribed and sworn to before me this /i7 day of j 2e—<<_C 19 GJ3 rit.-41,-, NOT YyUBLIC My Commission expires ) 7 / y *c j. 930567 LEGAL DESCRIPTION LOT B OF RECORDED EXEMPTION NO. 1313-14-2-RE1009, RECORDED MAY 14 , 1987 IN BOOK 1156 AT RECEPTION NO. 2099770, A TRACT OF LAND LOCATED IN THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 14 , TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO. SAID TRACT OF LAND CONTAINS 72. 311 ACRES (PLAT 72. 233 ACRES) , MORE OR LESS , AND IS SUBJECT TO ANY RIGHTS-OF-WAY OR OTHER EASEMENTS AS GRANTED OR RESERVED BY INSTRUMENTS OF RECORD OR AS NOW EXISTING ON SAID TRACT OF LAND. 930567 March 3, 11993 To: Weld County Planning Department From: Del Camino Center Partnership Re: Mineral Owners and Lessees The following are the mineral owners of record on the parcel of land known as the Del Camino Center located in the W1/2 NW1/4 of Section 14, T2N, R68W, 6th P.M. : Del Camino Center Partnership Raymond Befus Samuel Befus Reuben Befus James Befus Rose Hofferber Del Camino Center Partership owns 50% of mineral rights, Raymond Befus owns 16.6667% and the balance of the owners own 8. 3333%. The present lessees of the mineral rights are: Basin Operating Company 633 17th Street, Suite 1500 Denver, Colorado 80202 Gerrity Oil & Gas Corporation 4100 East Mississippi Avenue, Suite 1200 Denver, Colorado 80222 We certify the above information to be correct per records of Weld County. At Aa.4.40. t.. ocs //6entoaL 230567 juniIARK EN-Gin EERINu CONSULTANTS March 20 , 1993 Mr. Keith Schuett Weld County Planning Department 1400 N. 17th Avenue Greeley, Colorado 80631 RE: Amendment to Mel Camino Center P. U. D. Tear keith: We have met with Central Weld County Water District and St . Vrain Sanitation District about service to the above referenced project . Water and sewer service is available to this site by the respective districts with existing lines adjacent to the property. A master plan for these utilities has been submitted which shows the intent of the design and layout of these lines . Final engineering drawings will be provided by our office that detail the proposed water and sewer improvements in accordance with the standards and specification of both districts . It is our professional judgement that the water and sewer systems can be provided without any engineering problems. The final engineering design drawings will be reviewed by each district for compliance to their standards . Gas , electric and telephone provide their own design for the project . Each has indicated to us that service is available and that they did not see any problems . If you have questions , please call . Respectfully Submitted, clZ 44/4 Tonald W. Park, P. E . ` -2 Engineer s * 10- U4 slitcc: file #107 26. 015 /t OF CO\-:,."` 4OM aaaH 1240 Main Street Longmont, CO 80501 (303651-6626 S30467 STATE OF COLORADO DEPARTMENT OF TRANSPORTATION Region 4 Ir POT 1420 2nd Street -®MEMINNEMEMM P.O. Box 850 Greeley,Colorado 80632.0850 Weld Co. , EFR I-25 (303)353-1232 Del Camino Center PUD Amendmt. Filing 1 1 Mi. S. SH 119 S. of WCR 22, E. side LETTER OP INTENT TO ACCEPT ROW DEDICATION March 19 , 1993 Mr. Keith Schuett, Current Planner Dept. of Planning Services 1400 N. 17th Ave. -Greeley CO 80631 Dear Keith, On March 15, 1993 I received correspondence from -Greg Fisher cf Neenan Company in regard to an Amendment to the Del Camino PUD, Filing 1. Attached to his letter was a list of application requirements outlined by Weld County. This letter is written in -order to fulfill requirement 0 3 of the list. The initial PUD approval required dedication of an additional 10 'feet of right-of-way in order to meet highway transportation needs, making a total of 60 feet east of the section line. This Amendment will require the same. This letter should serve as written notice that the Colorado Department of Transportation will accept the dedicated 10 foot strip of ROW for cur purposes . If you have questions please contact me at 350-2163 . Sincerely, Tet462 re L'Jones Region Developm Access Coordinator TGJ xc: Greg Fisher, Project Architect, NEENAN CO. file 330567 2 d 3DNUN31NICW A3133a9 1063 WdL0:2T 66. 61 abW AMENDMENT TO DEL-CANIINO CENTER P. T.D. PROJECT NARRATIVE March 22, 1993 Del Camino Center P.U.D. is an existing T.U.D. located at the southeast corner of the east I-25 Frontage Road and Weld County Road 22. The P.U.D. consists of approximately 36 acres. The P.U.D. was approved in 1989 and was set up under a flexible lot line concept, whereby lots could be created through a site plan review process. Since its approval, two lots have been created. Lot 1 Block 1 was created for Specialty Products, which has a completed facility in place. Lot 1 Block 2 was created for Hauser Chemical Research, Inc. Construction is currently underway on a facility for Hauser. The intent in amending the P.U.D. is two fold. Firstly, the southern half of Del Camino Center is not a part of the final P.U.D. plat. There is only a district P.U.D. plat in place. Our intent is to bring the south half into the final P.U.D. Secondly, there are some revisions required to the original P.U.D. to relocate easements for private drives and utilities, in order to make the north half of Del Camino Center _compatible with the south half. It is the intent of this amendment to maintain all the original concepts and directives of the original P.U.D. This amendment would create four blocks within Del Camino Center. Block 1 would consist of all land within the original P.U.D. with the exception of the land owned by Hauser (Lot 1, Block 2). Block 2 would consist of all the land on the east side of Del Camino Center which is south of the Godding ditch. This land is all planned to be purchased by Hauser. Block 2A is a portion of land at the_south end of the center which contains a 200' radius oil and gas drilling site. This block has been separated from Block 2 until that time when the drilling radius can be vacated from the site. It is the intent of the developer to sell this block to Hauser once the vacation is complete. Block 3 will consist of the remaining land fronting on the I-25 Frontage Road south of the original P.U.D. The total area of the amended P.U.D. plan, excluding dedicated right-of-way, is approximately 68 acres. The total number of structures will be dictated by the marketplace, however there will likely be 10 to 15 buildings in varying sizes, not exceeding a total floor area of 1,036,728 s.f. based on a 35% floor area ratio. Parking would be expected to average at approximately 1 space per 400 s.f. over the entire project. This would equate to approximately 2,592 spaces. Open storage areas and loading areas would vary depending upon the individual uses within the center. All storage and loading areas are to be screened from I-25 and from Weld County Road No. 22. H.t\HA USER l AMENDMEN.NAR X3O567 This center is zoned P.U.D. Industrial-Park (C-1, C-2, C-3,1-1 and I-2). Uses which are permitted within_this zone district and could occur within the c-enter are asiollows: Offices, manufacturing facilities, restaurants, schools, churches, public recreational facilities,police stations, fire stations, storage buildings, hotels, motels, -theaters, gas stations, car washes, vehicle service/repair establishments, warehousing and transfer facilities, vehicle sales establishments, contractors shops, equipment or appliance repair shops, and utility service facilities. The two buildings which are _currently approved for the center (Specialty Products and Hauser Chemical Research, Inc.) are manufacturing, research and development and office facilities. it is likely that most buildings in the center will be of this type. Business hours within the center will vary by use. 1-Iauser Chemical Research operates in three shifts each day with the 8:00 a.m. to 5:00 p.m. shift being the longest. Specialty Products operates primarily from 8:00 a.m. to 5:00 p.m. All buildings within Del Camino Center will be buffered from the I-25Frontage Road, Weld County Road No. 22 and the internal private drive (Specialty Place), by a 20'landscape belt consisting of deciduous trees spaced at an average of 20' on center. The residential outlot near the middle of the center will be buffered by a 20' landscape buffer. This buffer will consist of a 6' high solid fence and junipers at 20' on center or dense evergreen trees spaced at 40' on center. There will also be a 50' landscape buffer on the south side of Del Camino Center abutting the residence there. This buffer will be composed of deciduous trees in staggered rows of trees spaced 50' on center. Please refer to the landscapeplan for further explanation of these buffers. There will be no public orprivatelyshared open space within the center. All lot lines will be extended to the perimeter of Del Camino Center and to the center of the private drives. Please refer to the improvements agreement and attached exhibits for information pertaining to the PZJ.D. construction schedule and method of financing for the development of Del Camino Center. H 1 HAUSER\AMENDMEN.NAR 930567 MAR 22 '93 23:51PM -DOT GREE'LEY `,AINTENAN'CE K. Y, o/MP/Side: 125 ESR/238.59/R 7 • . COLORADO DEPARTMENT OF HIGHWAYS Local Jurisdiction: Weld County STATE#HIGHWAY-A-CCESS PERMIT' • Dlst/section/Patrol: 44/0 DOH�ermit fJo,: 489044015 0 • ,•$HMW: ;Mike Sanford (535-4757 between 7:45.8:20 a.m. ) Permit Fae: 375 ' _ �. . Date • , ,,,,,, Dof Trensmittae$/12/89 Tt7t'-PERMITTEE; • ' . , `� - _Del Camino Center Partnership °r3 ' 203 South -Main Street \A Longmont, CO 80501 • ( , �� , • V Phone: 772-7100 ,• is hereby granted permission to construct and use an acre s tot state highway-at the location noted below. -The-access shall be constructed, maintained and used in actor ante with the terms and conditions of this permit, including the State Highway Access Code and listed attachments. This permit may be revoked by the issuing authority If at any time the permitted access and its use violate any of the terms and conditions of this permit.The use of-advance warning and construction-signs,flashers, barricades and flaggers are required atall times during access construction within State right-of-way in conformance with the MANUAL ON UNIFORM TRAFFIC CONTROL 'DEVICES,Part VI.The issuing authority,the Department and their duly appointed agents-and employees shall be held harmless against anyictlon for personal injury or property damage sustained by reason of the exercise of the permit. 1 LOCATION: . • Access is to be located on State Highway 1-25 E.S.R. , a distance of 5227 feet north from riile. Post 238 on the east/right' side. ACCESS TO PROVIDE SERVICE TO: -A light industrial P.U.D. with an estimated maximum of 2,300 average •daily traffic. OTHER TERMS AND CONDITIONS: • • - 1. This permit is only for the use and purpose stated in the Application and Permit. A _change in use of the property which results .in a change in the type of driveway operation may require reconstruction, relocation, or conformance of the driveway to 'the Access Code. . 2. Reconstruction or improvements to the access may be required when the permittee has failed to meet required specifications of design or materials. If any con- struction element fails within two years due to improper c.onstruction-or material specifications, the permittee is responsible for all. repairs. **SEE -DESIGN ATTACHMENT "EXHIBIT Ae** 1,1tet42opj2� • a 4..' G >Pd If., • N%pi's co rn VSO , tg MUNICIPALITY OR COUNTY APPROVAL . Required only when the appropriate local authority retains issuing authority. • BY 00 . Date Title.___._ . 930567 Upon the signing of this permit the permittee agrees to the terms and conditions and referenced attachments contained ' herein.All construction shall be completed in an'expeditious and safe manner and shall-be finished within 45 days from initiotia„ The permitted access shall'be corppletgd'In accordance with the terms and conditions of the permit prior to 'being used,Tho permlttee shall notify fQA , Gip. ,,,y _ 'with the Colorado Departmentof-Hhtiways In Raul-der at 44,-4082 , ' -at least 41 hours prior to mmane! :ens ion within the State Highway de +ipay. • fh"enieP4bt(aighfng' tia •'e'Pme" u ltte ,- e,pwneroflegslrepresent'a$Veoft'heproperfyseived-bythe'permitted $ ie • .:,lb.. t _ x=aA •. ! ,+igd Iterma. ind oonrditipns. , . • • Marmites.(X) r�!?Gr1+t • Date �,2/17- . .-this'permit is of va'd u 1 ned bye dulyauthorized representative of the State Department of Hghways.. ' • ' `STATEOF COL D , t N OF HIGHWAYS ' 1iDBERT L CLE C EF ENGINEER' p • •ay(X) t r c • Date '?2 0 Title Maintenance Superintendent I ( ate issue) -COPY DISTRIBUTION: Required: Make necessarycopies is for; Previous Editlens are Obsolete and will not be used CZ)Istriet(Original) local Authority Inspector DOH Form 101 -2.Applicant MICE Petrol -Traffic Engineer • NS • 930567 MAR 22 '93 03:52PM CDOT CREELEY MAINTENANCE P.3 EXHIBIT A • DESIGN • 1: Driveway shall be constructed 36 feet -wide with S0 foot radii , as shown on -Exhibit "S". 2. The access approach shall be surfaced immediately upon completion of earthwork construction and prior to being used. 3. Surfacing shall Consist -of 4 inches H.B.P. -grading "EX" over 10 inches A.B.C. "Class -6" and shall extend from the highway travelled way to the right of way line. Ipecifications -for these materials -are attached. 4. •Compaction of the embankment shall comply with Section 203.11 of the Division 'of ' Highways Standard Specifications, see attached sheets. 5. Speed Change lanes shall be provided according to Exhibit "S". 6. The first 20 feet beyond the rl-osest highway lane, including speed 'change lanes, thall slope down and away from -the highway at a 2X grade to ensue proper drainage Control . 7. The horizontal -axis of the -access shall -be at a right angle to the -centerline of the highway and extend a minimum of 40 feet beyond the?outside edge of the nearest lane. 8. The side slopes of the access approach shall be 6 to 1. 9. Drainage to the State Highway right of way shall not exceed the historic-al -flow. 10. The area around the new work shall tie well graded to drain, top soiled, fertilized, multhed and reseeded. 11. An adequate length of new 18-inch corrugated steel pipe shall be provided. 12. If frost is present in the sub-grade, -no surfacing material shall be placed until all frost is gone or removed. -13. Owner is responsible for any utilities disrupted by the construction of this access and -all -expenses incurred for repair. • 14. Highway striting shall -be done by the permittee and coordinated with Buck • Shoemaker (353-9991) ,. Paint' Supervisor. 1-2.. COPY OF THIS PERMIT MUST BE ON THE JOB WITH THE _CONTRACTOR. • • 930567 M • 1 � IMPROVEMENTS AGREEMENT ACCORDING POLICY REGARDING COLLATERAL FOR IMPROVEMENTS THIS AGREEMENT, made and entered into this 22nd day of March 1993 , by and between the County of Weld, State of Colorado, acting through its Board of County Commissioners, hereinafter called "County" , and DEL CAMINO CENTER PARTNERS 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: that portion of Block 1 of Del Camino Center P.U.D. , located north of the Codding Ditch, WHEREAS, a final subdivision plat of said property, to be known as DEL CAMINO CENTER 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 own 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 1 930567 • 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, the County shall have the right to test and inspect or to require testing and inspection of material and work at Applicant's expense. Any material or work not conforming to the approved plans and specifications shall be removed and replaced to the satisfaction of the County at Applicant's expense. 3.4 The Applicant shall furnish proof that proper arrangements have been made for the installation of sanitary sewer or septic systems, water, gas, electric and telephone services. 3.5 Said subdivision improvements shall be completed, according to the terms of this Agreement, within the construction schedule appearing in Exhibit "B" . The Board of County Commissioners, at its option, may grant an extension of the time of completion shown on Exhibit "B" upon application by the Applicant subject to the terms of Section 6 herein. -4.0 Release of Liability: Applicant shall indemnify and hold harmless the County from any and all liability loss and damage county may suffer as a result of all suits, actions or claims of every nature and description caused by, arising from, or on account of said design and construction of improvements, and pay any and all judgments rendered against the County on account of any such suit, action or claim, 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 -Off-Site Improvements Reimbursement Procedure: The subdivider, applicant, sr owner may be reimbursed for off-site road improvements as provided in this section when it has been determined by the -Board of County Commissioners that the road facilities providing access to the subdivision are not adequate in structural capacity, width, or functional classification to support the traffic requirements of the uses of the subdivision. 5.1 The subdivider, applicant, or owner shall enter into an off-site improvements agreement prior to recording the final plat when the subdivider, applicant, or owner expects to receive reimbursement for -part of the cost of the off-site improvements. 5.2 The off-site improvements agreement shall contain the following: - The legal description of the property to be served. The name of the owner(s) of the property to be served. A description of the off-site improvements to be completed by the subdivider,, applicant, or owner. The total cost of the off-site improvements. 2 930567 The total vehicular trips to be generated at build-out by the subdivision, -or resubdivision, as specified by the ITE Trip Generation Manual, or by special study -approved by the _Board of County Commissioners. A time period -for completion _of the off—site improvements. The terms of reimbursement. The currant address of the person to be reimbursed during the term of the agreement. Any off site improvements agreement shall ba made in conformance with the Weld County policy oncollateral for improvements . 5.3 If the subdivider, applicant, or owner fails to comply with the improvements agreement, the opportunity to obtain reimbursement under this section is forfeited. 5.4 When it is determined by the Board of County Commissioners that vehicular traffic from s subdivision or resubdivision will use a road improvement constructed under an improvement agreement, the subsequent subdivider, applicant, or owner shall reimburse the original subdivider, applicant, or owner, for a portion of the original construction cost. In no event shall the original subdivider, applicant, or owner collect an amount which exceeds the total costs of improvements lass the pro ran share of the total trip impacts generated by the original development. Evidence that the original subdivider, applicant, or owner has been reimbursed by the subsequent subdivider, applicant or owner shall be submitted to the -Department of Planning Services prior to recording the final subdivision or resubdivision plat. 5.3 The -amount of road improvement cost to be paid by the subsequent subdivider, applicant, or owner of a subdivision or resubdivision using the road improvements constructed under a -prior improvement agreement will be based upon a pro rata share of the total trip impacts associated with the number and type of dwelling units and square footage and type of nonresidential developments intended to use the road improvement. The amount of road improvement cost shall also consider inflation as measured by the changes in the Colorado Construction Cost Index used by the Colorado -Division of Highways. The cost of road improvements may be paid by cash contribution to the prior subdivider, applicant or owner or by further road improvements -which benefit the prior subdivider, applicant, or _owner's property. This decision shall be at the sole discretion of the Board of County C-ommissioners based upon the need for -further off-site road improvements. 5.6 The _report entitled TRIP GENERATION (Third Edition, 1982) of the institute of Yr-ansportation -Engineers shall normally be used for calculating a reasonable pro rata share of the road improvement construction costs for all subdivisions or resubdivisions. A special transportation study shall be used for land uses not listed in the ITE Trip Generation Manual. Any question about the number _of trips a subdivision or resubdivision will generate shall be decided by the County Engineer, 5.7 The term for which the subdivider, applicant, or owner is entitled to • _reimbursement under the off-site improvements agreement, entered into between the -subdivider and the county, is ten years from the date of execution of a contract for _road improvements. 5.8 This provision is not intended to create any cause of action against Weld County or its officers or employees by any subdivider, applicant, or owner for reimbursement, and in no way is Weld County to ba consider-d a guarantor of the monies to be reimbursed by the subsequent subdividers, applicants, or owners. 6.0 Acceptance of Streets for Maintenance by the County: _Upon compliance with the following procedµres by the Applicant, streets within a subdivision may be accepted by the County as a part of the County road system and will be maintained and repaired by the County. 3 930567 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 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 applicants) may request in writing that the County Engineer inspect its streets and recommend that the Board of County Commissioners accept them for partial maintenance by the County. Partial maintenance consists of all maintenance except for actual repair of streets, curbs and gutters, and related street improvements. Not sooner than nine months after acceptance for partial maintenance of streets, the County Engineer shall, upon request by the applicant, Inspect the subject streets, and notify the applicant(s) of any deficiencies. The County Engineer shall reinspect the streets after notification from the applicant(s) that any deficiencies have been -corrected. If the County Engineer finds that the streets are _constructed according to County standards, he shall recommend -acceptance of streets for full maintenance. Upon a receipt of a positive unqualified recommendation from the County Engineer for acceptance of streets within the development, the Board of County Commissioners shall accept said streets as public facilities and County property, and shall be responsible for the full maintenance of said streets including repair. 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 mp_roveme t as sl}o,wp in this Agreement. Prior to VinalpFla,,roPP ovoin €dg prAl orrt a ta'lll�ndicate 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 discretion, may make demand on all or a portion of the collateral and take steps to see that the improvements are made. 7.2 The applicant may choose to provide for a phased development by means of designating filings of a Planned Unit Development Plan or Final Plat Subdivision. The applicant would need only to provide collateral for the improvements in each filing as approved. The County will place restrictions on those portions of the property that are not covered by collateral which will prohibit the conveyance of the property or the issuance of building permits until collateral is provided or until improvements are in place and approved pursuant to the requirements for a Request for Release of Collateral. 4 930567 7.3 The appli-cant intends to develop in accordance with Exhibits "A" and "B" 8.0 Improvements Guarantee: The five types of collateral listed below are acceptable to Weld County subject to final approval by the Board of County Commissioners. 8.1 An irrevocable Letter of Credit from a Federal _or State licensed financial institution on a form approved by Weld County. The letter of credit shall state at least the following: The The Letter of Credit shall be in an amount -equivalent of 1-00% of the total value of the improvements asset forth in Section 1.0 and exhibits "A" and "B" . The Letter of Credit shall provide for payment upon -demand to, Weld County if the developer has not Terformed the -obligations specified in the Improvements Agreement and the issuer bas been notified of such default. The applicant may draw from the -Letter of Credit in accordance with the provisions of this policy. The is-suer 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%, Dr 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 forte 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 tertified mail to the Clerk to the Board of County Commissioners. 8.2 Trust Deed upon all or some of the proposed development or ether 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 o₹ 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 Lost of the improvements as set forth in the Improvements Agreement plus all costs of sale of the property. 5 930567 A title insurance polity insuring that the Trust Deed creates a valid -encumbrance whi-ch 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 1-east equal to TODX -ef 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 Stat-e licensed bank or financial institution. If the County of Weld County determines ther-e 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 $mount -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 100X of the value of the improvements. 9.0 Request for Release of Collateral: Prior to release of collateral for the entire project or fox a portion of the project by Weld County, the Applicant must present a Statement of Substantial Compliance from an Engineer _registered in Colorado that the project or a portion of the project has been completed in substantial compliance with approved plans , and specifications documenting the -following: 9.1 The Engineer or his representative has made regular on-site inspections during the course of construction and the construction plans utilized are the same as those approved by Weld County. 9.2 Test results -oust 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 requesti-ng 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 Stat-ements of Substantial Compliance must be accompanied, if appropriate, by a letter of acceptance of maint-enance 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 firm -hydrants are in plac-e 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 thrtt 8. 5 shall be noted on the final construction plans. 9.7 Following the submittal of the Statement of Substantial Compliance and recommendation:of acceptance of the streets for_partial maintenance by the County, the applicant(s) may request release of the collateral for the proje-ct or _portion of the project by the Board. This action will be taken at a regularly scheduled public meeting of the Board. 6 920567 -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 for full maintenance under Section 5.3 herein. 10.0 Public Sites and Open Spaces: When the Board of County Commissioners, pursuant to a rezoning, subdivision or planned unit development, requires the dedication, development and/or reservation of areas or sites other than subdivision streets and utility easements of a character, extent and 1-ocation suitable for public use for parks, greenbelts or schools, said actions shall be secured in accordancewith one of the following alternatives, or as specified in the PUD plan, if any: 10.1 The required acreage as may be determined according to Section 8-15-B of the Weld County Subdivision Regulations shall be dedicated to the County or the appropriate school district, for one of the above purposes. Any area so dedicated shall be approved by the County or school district, and shall be maintained by the County or school district. 10.2 The required acreage as determined according to Section 8-15-B of the Weld County Subdivision Regulations may be reserved through deed restrictions as open area, the maintenance of which shall be a specific obligation in the deed of each lot within the subdivision. 10.3 In lieu of land, the County may require a payment to the County in an amount equal to the market value at the time of final plat submission of the required acreage as determined according to Section 8-15-B. Such value shall be determined by a competent land appraiser chosen ,jointly by the Board and the Applicant. The cash collected shall be deposited in an escrow account to be expended for parks at a later _date. 11.0 Successors and Assigns: This Agreement shall be binding upon the heirs, executors, personal representatives, successors and assigns of the Applicant, and upon recording by the County, shall be deemed a covenant running with the land herein described, and shall be binding upon the successors in ownership of said land. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Weld County Clerk to the Board BY: Deputy Clerk to the Board APPROVED AS TO FORM: County Attorney APPLICANT: BY: (title) Subscribed and sworn to before me this _ day of , 19 My commission expires: Notary Public S30567 -EXHIBIT "A" Name of Subdivision: Del Camino Center Y.U.D. Filing: West halt ot the northwest quarter, Section 14, '12N, R6SW ot the Location: 6th P M Wald County Colorado Intending to be legally bound, the undersigned Applicant hereby agrees to -provide throughout this subdivision and as shown on the subdivision final plat gated March 22 , 19 93 , recorded -on , 19_, in Book , Page No. , -Reception No. , the following improvements. NOTE: All improvements required for this block of land are currently in place. No new improvements are required. Estimated Improvements snit Cost Construction Cost Street grading n/a Street base n/a Street paving n/a Curbs, gutters. and culverts n/a Sidewalk n/a Storm sewer facilities nLa -Retention ponds pitch improvements „/a _Subsurface drainage n/a Sanitary sewers „/a Trunk and forced lines pi, Mains p/a Laterals (house connected) n/a On-site sewage facilities n/a On-site water supply and storage Water mains Fire hydrants '/a a/a Survey & street monuments & boxes n/a Street lighting n/a Street name signs Fencing requirements /n Landscaping r/a park improvements n/a SUB-TOTAL -U- Engineering and Supervision Costs (testing, inspection, as-built plans and work in addition to preliminary and final plat; -supervision of actual construction by contractors) TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $ 0- The above improvements shall be constructed in accordance with all County requirements and specifications, and conformance with this provision shall be determined solely by Weld County, or its duly authorized agent. Said improvements shall be completed according to the construction schedule set out in Exhibit "B" , Signature of Applicant (If corporation, to be signed by President and attested to by Secretary, together with corporate seal.) Date; , 19_ 8 S3D567 EXHIBIT "B" Name of Subdivision: Del Camino -Center P.U.D. Tiling: � t West halfof the northwest Section 14, T2N, R6SW of the Location: , county, Intending to be legally bound, the undersigned Applic-ant hereby agrees to construct the _improvements shown on the final subdivision plat of Subdivision, dated March 22. , 19A1, Recorded on , 19 , in Book , Page No. , Reception No. , the following schedule. All improvements shall be completed within one year from the date of approval of the final; site plan approval and building permit issuance Dr any lot within this property. (Leave spaces blank where they do not apply.) Improvements Time for Completion Street grading Street base Street paving Curbs. gutters. and culverts Sidewalk Storm sewer facilities Retention ponds flitch improvements Subsurface drainage Sanitary sewers Trunk and forced lines Mains Laterals (house connected) On-site sewage facilities On-site water supply and storage Water mains Fire hydrants Survey & street monuments & boxes Street lighting Street name signs Fencing requirements Landscaping Park improvements SUB-TOTAL, The County, at its option, and upon the request by the Applicant, may grant an extension of time for -completion for any particular' improvements shown above, upon a showing by the Applicant that the above -schedule cannot be met. Signature of Applicant (If corporation, to be signed by President and attested toty Secretary, together with corporate seal.) Date: , 19 930567 9 4 IMPROVEMENTS AGREEMENT ACCORDING POLICY -REGARDING COLLATERAL FOR IMPROVEMENTS THIS AGREEMENT, made and entered into this 22nd lay of March 1993 , by and between the County of Weld, State of Coloi'a`tlo, acting through its Board -of County Commissioners, hereinafter called "County" , and DEL C-AMINO CENTER -PARTNERS hereinafter called "Applicant". WITNESSETH: WHEREAS, Applicant is the owner of or has a controlling inter-est in the following described property in the County of -Weld, Colorado: Block 1 (exclusive of that area located north of .the Godding Ditch) and Lot 1, Tract A of Block 2 of the Del Camino Center Y.U.D. WHEREAS, a final subdivision plat o₹ said property, to be known as DEL CAMINO CENTER 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" -0f this Agreement. NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the acceptance and approval o₹ said final plat, the parties hereto promise, covenant and agree as follows: 1.D -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 9f, 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 jtights-of—Way and Easements: Before commencing the construction of any improvements herein agreed upon, Applicant shall acquire, at its own 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 accept-ed 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 mules 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 1 930567 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, the County shall have the right to test and inspect or to require testing and inspection of material and work at Applicant's expense. Any material or work not conforming to the approved plans and specifications shall be removed and replaced to the satisfaction of the County at -Applicant's expense. 3.4 The Applicant shall furnish proof that proper arrangements have been made for the installation of sanitary sewer or septic systems, water, gas, electric and telephone services. 3.5 Said subdivision improvements shall be completed, according to the terms of this Agreement, within the construction schedule appearing in Exhibit "B". The Board of County Commissioners, at its option, may grant an extension of the time of completion shown on Exhibit "3" upon application by the Applicant subject to xhe terms of Section_6 herein. 4.0 Release of Liability: Applicant shall indemnify and hold harmless the County from any and all liability loss and damage county may suffer as a result of all suits, actions or claims of every -nature and description caused by, arising from, or on account of said _design and construction of improvements, and pay any and all judgments rendered against the County on account of any such suit, action or claim, together with all reasonable expenses and attorney fees incurred ly County in defending such suit, action or claim whether the liability, loss or damage is paused 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 Off=Site Improvements Reimbursement Procedure: 'The subdivider, applicant, or -owner may be reimbursed for off-site road improvements as provided in this section when it has teen determined 'by the Board of County Commissioners that the road facilities providing access to the subdivision are not adequate in structural capacity, width, or functional classification to support the traffic requirements of the uses of the subdivision. • 5.1 The subdivider, applicant, or owner shall enter into an off-site improvements agreement prior to recording the final plat when the subdivider, applicant, or owner expects to receive reimbursement for part of the cost of the off-site improvements. 5.2 The off site improvements agreement shall contain the following: The legal description of the property to be served. - The name of the owner(s) of the property to be served. A description-of the off-site improvements to be completed by the subdivider, applicant, or owner. The total cost of the off-site improvements. 2 930567 The total vehicular trips to be generated at build-out by the subdivision, or resubdivision, as specified by the ITE Trip Generation Manual, or by special study approved by the Board of County 'Commissioners. A time period for completion of the off-site improvements. -The terms of reimbursement. The current address of the person to be reimbursed during the term of the agreement. Any off-site Improvements agreement shall be made in conformance with the Weld County policy on collateral for improvements. - 5.3 If the subdivider, applicant, or owner fails to _comply with the improvements agreement, the opportunity to obtain reimbursement under this section is forfeited. 5.L When It is determined by the board of County Commissioners that vehicular traffic from -a subdivision or resubdivis ion will use a road improvement constructed under an improvement agreement, the subsequent subdivider, -applicant, or owner shall reimburse the original subdivider, -applicant, or owner, for a portion of the original construction cost. In no event shall the original subdivider, applicant, or owner collect an amount which exceeds the total costs of improvements less the pro rata share of the total trip impacts generated by the original development. Evidence that the original subdivider, applic-ant, or owner has been reimbursed by the subsequent subdivider, applicant or owner shall be submitted to the Department of Planning Services prior to recording the final subdivision or resubdivision plat. 3.5 The amount of road improvement cost to be paid by the subsequent subdivider, applicant, or owner of a subdivision or resubdivision using the road Improvements constructed under a prior improvement agreement will be based upon a pro rata share of the total trip impacts associated with the number and type of dwelling units and square footage and type of nonresidential developments intended to use the road improvement. 'The amount of road Improvement cost shall also consider inflation -as measured by the changes in the Colorado Construction Cost Index used by the Colorado Division of Highways. The cost o₹ road improvements may be paid by cash contribution to the prior subdivider, applicant or owner or by further road improvements which benefit the prior subdivider, applicant, or owner's property. Ibis decision shall be at the sole discretion of the board of County Commissioners based upon the need for further off-site road improvements. 5.6 The report entitled TRIP GENERATION (Third Edition. 1982) of the institute of Transportation Engineers shall normally be used for calculating a reasonable pro rata share of the road improvement construction costs for all subdivisions or resubdivisions. A special transportation study shall be used for land uses not list-ad in the ITE Trip Generation Manual. Any question about the number of trips a suhdivision or resubdivision will generate shall be decided by the County Engineer. - 5.7 The term for -which the subdivider, applicant, or owner is entitled to reimbursement under the off-site Improvements agreement, entered into between the subdivider and the county, is ten years from the date of execution of a contract for road improvements. 5.8 'This provision is not intended to -create any cause of action against Weld County or its officers or employees by any subdivider, applicant, or owner for reimbursement, and in no way is Weld County to be considered a guarantor of the monies to be reimbursed by the subsequent subdividers, applicants, or owners. 6.0 Acceptance of -Streets for Maintenance by 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 County road system and will be maint-ained and repaired by the County. 3 930567 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 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 'a its streets and recommend that the Board of _County Commissioners accept them for partial maintenance by the County. Partial maintenance consists of all maintenance except for actual repair of streets, curbs and gutters, and related street improvements. Not sooner than nine months after acceptance for partial maintenance of streets, the County Engineer shall, upon _request by the applicant, inspect the subject streets, and notify the applicants) of any deficiencies. The -County Engineer shall reinspect the streets after notification from the applicant(s) that any deficiencies have been corrected. If the County Engineer finds that the streets are constructed according to County standards , he shall recommend acceptance of streets for full maintenance. Upon a receipt of a positive unqualified recommendation from the County _Engineer for acceptance of streets within the development, she Board of County Commissioners shall accept said streets as public facilities end County property, and shall be responsible for the full maintenance of said streets including repair. 7.0 teneral Requirements for Collateral: 7.1 The value of all collateral submitted to Weld County must be equivalent to 100X o�f3 the value e the�,,im roveme t as slow in this Agreement. Prior to Finar plaLrs$ProvakA e applicant :snall�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 shell automatically expire. applicant may request that the County extend the Final Plat approval provided the cost estimates ere 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 she 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 most 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 trot 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 sae that the improvements are made. 7.2 The applicant may choose to provide for -a phased development by means of designating filings of a Planned Unit -Development Plan or Final Plat Subdivision. The applicant would need only to provide collateral for the improvements in each filing as approved. The _County will place restrictions on those _portions of the property that are. not covered by collateral which will prohibit the conveyance of the property or the issuance of building permits _until collateral is provided or until improvements are in place and approved pursuant to the requirements fora-Request for Release of Collateral. 4 930567 7.3 The applicant intends to develop in accordance with Exhibits "A" and "B" . 8.0 Improvements Guarantee: The five types of collateral listed below are acceptable to Weld County subject to final approval by the Board of County Commissioners. 8.1 An irrevocable Letter of Credit from a Federal or State licensed financial institution on a form approved by Weld County. The letter of credit shall state at least the following: The Letter of Credit shall be in an amount equivalent of 100% of the total value of the improvements as set forth in Section 6.0 and exhibits "A" and "B" . The Letter of Credit shall provide for payment upon demand to Weld County if the developer has not performed the obligations specified in the Improvements -Agreement and the issuer has been notified of such default. The applicant may draw from the Letter of Credit in accordance with the provisions of this policy. The issuer of the Letter of _Credit shall guarantee that at all times the unreleased portion of the Letter of Credit shall be equal to a minimum of 100% of the estimated posts 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 (1.e. , streets, sewers, water mains and landscaping, etc. ) . The issuer of she Letter of Credit will sign the Improvements Agreement acknowledging the agreement and its cost estimates. The Letter of Credit shall specify that 15% of the total Letter of Credit amount cannot be drawn upon and will remain available to Weld County until released by Weld County. The Letter of Credit shall specify that the date of proposed expiration of the Letter of Credit shall be either the date of release by Weld County of the final 15%, or one year from the date of Final Plat approval, whichever occurs first. Said letter shall stipulate that, in any event, the Letter of Credit shall remain in full force and effect until after the Board has received sixty (60) days written -notice from the issuer of the Letter of _Credit of the pending expiration. Said notice shall be sent by certified mail to the Clerk to the Board of County Commissioners. 8.2 Trust Deed upon all or some of the proposed development or other property acceptable to the Board of County Commissioners provided that the following are submitted: In the event property within the proposed development is used as collateral, an appraisal is required of the property in the proposed -development by a disinterested M.A.I. member of the American Institute of-teal 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 accepte-d as -collateral by Welt County, then an appraisal is required of the property by a M.A.I. member of the Institute of Real Estate Appraisers indicating shat she value of the property encumbered in its current state of development is sufficient to cover 100% of the post of the improvements as set forth in the Improvements -Agreement plus all costs of sale of the property. 5 93O567 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 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 specifi-cations 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 he 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 As 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 ar-e 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 maintenance by the County, the applicant(s) may request release of the collateral for the project or portion of the project by the Board. This action will be taken at a regularly scheduled public meeting of the Board. 6 930567 9.8 The request for release of collateral shall be accompanied by "Warranty Collateral" in the amount of lOt of the value of the improvements as shown in this Agreement excluding improvements fully accepted for maintenance by the responsible governmental entity, special district or utility company. 9.9 The warranty collateral shall be released to the applicant upon final acceptance by the Board of County Commissioners for full maintenance under Section 5.3 herein. 10.0 Public Sites and Open Spaces: When the Board of County Commissioners, pursuant to a rezoning, subdivision or planned unit development, requires the dedication, development and/or reservation of areas or sites other than subdivision streets and utility easements of a character, extent and location suitable for public use for parks, greenbelts or schools, said actions shall be secured in accordancewith one of the following alternatives, or as specified in the PUD plan, if any: 10.1 The required acreage as may be determined according to Section 8-15-B of the Weld County Subdivision Regulations shall be dedicated to the County or the appropriate school district, for one of the above purposes. Any area so dedicated shall be approved by the County or school district, and shall be maintained by the County or school district. 10.2 The required acreage as -determined according to Section 8-15-B of the Weld County Subdivision Regulations may be reserved through deed restrictions as open area, the maintenance of which shall be a specific obligation in the deed of each lot within the subdivision. 10.3 In lieu of land, the County may require a payment to the County in an amount equal to the market value at the time of final plat submission of the required acreage as determined according to Section 8-15-B. Such value shall be determined by a competent land appraiser chosen jointly by the Board and the Applicant. The cash collected shall be deposited in an escrow account to be expended for parks at a later date. 11.0 Successors and Assigns: This Agreement shall be binding upon the heirs, executors, personal representatives, successors and assigns of the Applicant, and upon recording by the County, shall be deemed a covenant running with the land herein described, and shall be binding upon the successors in ownership of said land. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Weld County Clerk to the Board BY: Deputy Clerk to the Board APPROVED AS TO FORM: County Attorney APPLICANT: BY: (title) Subscribed and sworn to before me this _ -day of , 19_ • My commission expires: Notary Public 930567 7 EXHIBIT "A" Name of Subdivision: Del Camino Center P.U.D. Filing: vest half-of the northwest quarter, Section 14, T2N, K6814 of the Location: 6th P.M. Weld County Colorado Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout this subdivision and as shown on the subdivision final plat dated March 77 , 19 q' , 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 3.630 c.y. S 7 50 S q n75 Street base 10" 3. 500 s.y. S 4.25 S14,875 Street paving 3" 3.500 s c.1,_ S 4 5n $15 75n Curbs. gutters . and culverts 1 ea. S18.00 S I xnn Sidewalk n/a Storm sewer facilities n/a Retention ponds S 1 6nn Pitch improvements n/a 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 Fire hydrants n/a Pin Survey & street monuments & boxes n/a Street lighting n/-a Street name signs n/a Fencing requirements Landscaping n/a Park improvements n/a n/a SUB-TOTAL c43, 100 Engineering and Supervision Costs $8,800.00 (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 $ 51,900.00 37% = $19,203.00 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" . Signature of Applicant (If corporation, to be signed by President and attested to by Secretary, together with corporate seal. ) Date: , 19 8 930567 EXHIBIT "B" Name of Subdivision: Del Camino Center P.U.D. Filing: West halt of the northwest quarter, Section 14, T2N, R68W of the Location: "-h PM. , TTold Ccinry, Col^rsde Intending to be legally bound, the undersigned Applicant hereby agrees to • construct the improvements shown on the final subdivision plat of Subdivision, dated March 22 , 1993 , Recorded on , 19_, in Book , Page No. , Reception No. , the following schedule. 'I NOTE: All improvements required for this block of land are currently in place. No new improvements are required. Improvements Time for Completion $treat grading n/a Street base n/a Street paving n/a • Curbs. gutters. and culverts. n/a Sidewalls n/a Storm sewer facilities n/a Retention ponds n/a Pitch improvements n/a 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 n/a Fire hydrants n/a Survey & street monuments & boxes n/a $treet lighting n/a Street name signs n/a Fencing requirements n/a Jare.0,J'Ting n/a park improvements n/a SUB-TOTAL ' The Lounty, -at its option, and upon the request by the Applicant, may grant an extension of time for completion for any particular' improvements shown above, upon a showing by the Applicant that the above schedule cannot be met. Signature of Applicant (If corporation, to be signed by President and attested to by Secretary, together with corporate seal. ) Date: , 19 930567 9 • • IMPROVEMENTS AGREEMENT ACCORDING POLICY REGARDING COLLATERAL FOR IMPROVEMENTS THIS AGREEMENT, made and entered into this end day of March 1993 , by and between the County of Weld, State of Color'gtlo, acting through its Board of County Commissioners, hereinafter called "County" , and DEL CAMINO CENTER PARTNERS 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: Block 2 (exclusive of Lot 1, Tract A of Block 2) , and Block 3 of the Del Camino Center P.U.D. b WHEREAS, a final subdivision plat of said property, to be known as DEL CAMINO CENTER 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 Bights-of-Way and Easements: Before commencing the construction of any improvements herein agreed upon, Applicant shall acquire, at its own 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 approve,4 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 1 • 930567 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, the County shall have the right to test and inspect or to require testing and inspection of material and work at Applicant's expense. Any material or work not conforming to the approved plans and specifications shall be removed and replaced to the satisfaction of the County at Applicant's expense. 3.4 The Applicant shall furnish proof that proper arrangements have been made for the installation of sanitary sewer or septic systems, water, gas, electric and telephone services. 3.5 Said subdivision improvements shall be completed, according to the terms of this Agreement, within the construction schedule appearing in Exhibit "B". The Board of County Commissioners, at its option, may grant an extension of the time of completion shown on Exhibit "B" upon application by the Applicant subject to the terms of Section 6 herein. 4.0 Release of Liability: Applicant shall indemnify and hold harmless the County from any and all liability loss and damage county may suffer as a result of all suits, actions or claims of every nature and description caused by, arising from, or on account of said design and construction of improvements, and pay any and all judgments rendered against the County on account of any such suit, action or claim, 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 Off-Site Improvements Reimbursement Procedure: The subdivider, applicant, or owner may be reimbursed for off-site road improvements as provided in this section when it has been determined by the Board of County Commissioners that the road facilities providing access to the subdivision are not adequate in structural capacity, width, or functional classification to support the traffic requirements of the uses of the • subdivisi-on. 5.1 The subdivider, applicant, or owner shall enter into -an off-site improvements agreement prior to recording the final plat when the subdivider, applicant, or owner expects to receive reimbursement for part of the cost of the off-site improvements. 5.2 The off-site improvements agreement shall contain the following: The legal description of the property to be served. The name of the owner(s) of the property to be served. A description of the off-site improvements to be completed by the subdivider, , applicant, or owner. The total cost of the off-site improvements. 2 930567 The total vehicular trips to be generated at build-out by the subdivision, or resubdivision, as specified by the ITE Trip Generation Manual, or by special study approved by the Board of County Commissioners. A time period for completion of the off-site improvements. The terms -of reimbursement. The current address of the person to be reimbursed during the term of the agreement. Any off-site improvements agreement shall be made in conformance with the Weld County policy on collateral for improvements. - 5.3 If the subdivider, applicant, or owner fails to comply with the improvements agreement, the opportunity to obtain reimbursement under this section is forfeited. 5.4 When it is determined by the Board of County Commissioners that vehicular traffic from a subdivision or resubdivision will use a road improvement constructed under an improvement agreement, the subsequent subdivider, applicant, or owner shall reimburse the original subdivider, applicant, or owner, for a portion of the original construction cost. In no event shall the original subdivider, applicant, or owner collect an amount which exceeds the total costs of improvements less the pro rata share of the total trip impacts generated by the original development. Evidence that the original subdivider, applicant, or owner has been reimbursed by the subsequent subdivider, applicant or owner shall be submitted to the Department of Planning Services prior to recording the final subdivision or resubdivision plat. 5.5 The amount of road improvement cost to be paid by the subsequent subdivider, applicant, or owner of a subdivision or resubdivision using the road improvements constructed under a prior improvement agreement will be based upon a pro rata share of the total trip impacts associated with the number and type of dwelling units and square footage and type of nonresidential developments intended to use the road improvement. The amount of road improvement cost shall also consider inflation as measured by the changes in the Colorado Construction Cost Index used by the Colorado Division of Highways. The cost of road improvements may be paid by cash contribution to the prior subdivider, applicant or owner or by further road improvements which benefit the prior subdivider, applicant, or owner's property. This decision shall be at the sole discretion of the Board of County Commissioners based upon the need for further off-site road improvements. 5.6 The report entitled TRIP GENERATION (Third Edition. 1982) of the institute of Transportation Engineers shall normally be used for calculating a reasonable pro rata share of the road improvement construction costs for all subdivisions or resubdivisions. A special transportation study shall be used for land uses not listed in the ITE Trip Generation Manual. Any question about the number of trips a subdivision or resubdivision will generate shall be decided by the County Engineer, 5.7 The term for which the subdivider, applicant, or owner is entitled to reimbursement under the off-site improvements agreement, entered into between the subdivider and the county, is ten years from the date of execution of a contract for road improvements. 5.8 This provision is not intended to create any cause of action against Weld County or its officers or employees by any subdivider, applicant, or owner for reimbursement, and in no way is Weld County to be considered a guarantor of the monies to be reimbursed by the subsequent subdividers, applicants, or owners. 6.0 Acceptance of Streets for Maintenance by 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 County road system and will be maintained and repaired by the County. 3 930567 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 complete-d as shown on Exhibit "B", and may continue to issue building permits so long as the progress of work on the subdivision improvements in that phase of the development is satisfactory to the County; and all terms of this Agreement have been faithfully kept by Applicant. 6.3 Upon completion of the construction of streets within a subdivision and the filing of a Statement of Substantial Compliance, the applicant(s) may request in writing that the County Engineer inspect ' , its streets and recommend that the Board of County Commissioners accept them for partial maintenance by the County. Partial maintenance consists of all maintenance except for actual repair of streets, curbs and gutters, and related street improvements. Not sooner than nine months after acceptance for partial maintenance of streets, the County Engineer shall, upon request by the applicant, inspect the subject streets, and notify the applicant(s) of any deficiencies. The County Engineer shall reinspect the streets after notification from the applicant(s) that any deficiencies have been corrected. If the County Engineer finds that the streets are constructed according to County standards, he shall recommend acceptance of streets for full maintenance. Upon a receipt of a positive unqualified recommendati-on from the County Engineer for acceptance of streets within the development, the Board of County Commissioners shall accept said streets as -public facilities and County property, and shall be responsible for the full maintenance of said streets including repair. 7.0 General Requirements for CollateralL. 7.1 The value of all collateral suufbmitted to Weld County must be equivalent to 100X of the lalise ietha im rorvoem,e,{�tfsoTsesh}o�wn in this Agreement. Prior to Finalpplai ropprovanERE applicant sell indicate which of the five types of collateral ha preters 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 100X of the value of the improvements remaining to be completed. If improvements are not completed and the -agreement not renewed within these time frames, the County, at its discretion, may make demand on all or a portion of the collateral and take steps to see that the improvements are made. 7.2 The applicant may choose to provide for a phased development by means of designating filings of a Planned Unit Development Plan or Final P1-at Subdivision. The applicant would need only to provide collateral for the improvements in each filing as approved. The County will place restrictions on those portions of the property that are not covered by collateral which will prohibit the conveyance of the property or the issuance of building permits until collateral is provided or until improvements are in place and approved pursuant to the requirements for a Request for Release Dol. Collateral. 4 930567 7.3 The applicant intends to develop in accordance with Exhibits "A" and "B". 8.0 Improvements Guarantee: The five types of collateral listed below are acceptable to Weld County subject to final approval by the Board of County Commissioners. 8.1 An irrevocable Letter of Credit from a Federal or State licensed financial institution on a form approved by Weld County. The letter of credit shall state at least the following: The Letter of Credit shall be in an amount equivalent of 100% of the total value of the improvements as set forth in Section 6.0 and exhibits "A" and "B" . The Letter of Credit shall provide for payment upon demand to Weld County if the developer has not performed the obligations specified in the Improvements Agreement and the issuer has been notified of such default. The applicant may draw from the Letter of Credit in accordance with the provisions of this policy. The issuer of the Letter of Credit shall guarantee that at all times the unreleased portion of the Letter of Credit shall be equal to a minimum of 100% of the estimated costs of completing the uncompleted portions of the required improvements, based on inspections of the development by the issuer. In no case shall disbursement for a general improvement item exceed the cost estimate in the Improvements Agreement (i.e. , streets, sewers, water mains and landscaping, etc. ) . The issuer of the Letter of Credit will sign the Improvements Agreement acknowledging the agreement and its cost estimates. The Letter of Credit shall specify that 15% of the total Letter of Credit amount cannot be drawn upon and will remain available to Weld County until released by Weld County. The Letter of Credit shall specify that the date of proposed expiration of the Letter of Credit shall be either the date of release by Weld County of the final 15%, or one year from the date of Final Plat approval, whichever occurs first. Said letter shall stipulate that, in any event, the Letter of Credit shall remain in full force and effect until after the Board has received sixty (60) days written notice from the issuer of the Letter of Credit of the pending expiration. Said notice shall be sent by certified mail to the Clerk to the Board of County Commissioners. 8.2 Trust Deed upon all or some of the proposed development or other property acceptable to the Board of County Commissioners provided that the following are submitted: In the event property within the proposed development is used as collateral, an appraisal is required of the property in the proposed development by a disinterested M.A. I. member of the American Institute of Real Estate Appraisers indicating that the value of the property encumbered in its current degree of development is sufficient to cover 100% of the cost of the improvements as set forth in the Improvements Agreement plus all costs of sale of the property. In the event-property other than the property to be developed has been accepted as collateral by Weld County, then an appraisal is required of the property by a M.A.I. member of the Institute of Real Estate Appraisers indicating that the value of the property encumbered .in its current state of development is sufficient to cover 100% of the cost of the improvements as set forth in the Improvements Agreement plus all costs of sale of the property. 5 930567 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 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 maintenance by the County, the applicant(s) may request release of the collateral for the project or portion of the project by the Board. This action will be taken at a regularly scheduled public meeting of the Board. 6 930567 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 for full maintenance under Section 5.3 herein. 10.0 Public Sites and Open Spaces: When the Board of County Commissioners, pursuant to a rezoning, subdivision or planned unit development, requires the dedication, development and/or reservation of areas or sites other than subdivision streets and utility easements of a character, extent and location suitable for public use for parks, greenbelts or schools, said actions shall be secured in accordancewith one of the following alternatives, or as specified in the PUD plan, if any: 10.1 The required acreage as may be determined according to Section 8-15-B of the Weld County Subdivision Regulations shall be dedicated to the County or the appropriate school district, for one of the above purposes. Any area so dedicated shall be approved by the County or school district, and shall be maintained by the County or school district. 10.2 The required acreage as determined according to Section 8-15-B of the Weld County Subdivision Regulations may be reserved through deed restrictions as open area, the maintenance of which shall be a specific obligation in the deed of each lot within the subdivision. 10.3 In lieu of land, the County may require a payment to the County in an amount equal to the market value at the time of final plat submission of the required acreage as determined according to Section 8.15-B. Such value shall be determined by a competent land appraiser chosen jointly by the Board and the Applicant. The cash collected shall be deposited in an escrow account to be expended for parks at a later date. 11.0 Successors and Assigns: This Agreement shall be binding upon the heirs, executors, personal representatives, successors and assigns of the Applicant, and upon recording by the County, shall be deemed a covenant running with the land herein described, and shall be binding upon the successors in ownership of said land. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written, BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Weld County Clerk to the Board BY: Deputy Clerk to the Board APPROVED AS TO FORM: County Attorney APPLICANT: BY: (title) Subscribed and sworn to before me this _ day of 19_ My commission expires: Notary Public 930567 • EXHIBIT "A" Name of Subdivision: Del Camino Center P.U.D. , ;4 Filing: West half of the northwest quarter, Section 14, T2N, R68W of the Location: 6th P.M. . Weld County. Colorado. Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout this subdivision and as shown on the subdivision final plat dated March 22 , 19 93, recorded on 19_, in Book , Page No. , Reception No. , the following improvements. • Estimated Improvements Unit Cost Construction Cost Street grading 2,590 c.y. $10,360 Street base Street paving 2,590 s.y. $25,900 Curbs, gutters. and culverts 1@$2,000 $ 2,000 Sidewalk n/a Storm sewer facilities n/a Retention ponds n/a pitch improvements n/a Subsurface drainage n/a Sanitary sewers n/a Trunk and forced lines n/a Mains 1 .359 .f. (a 8" S16. Inn Laterals (house connected) A. manhole,s $ c nnn On-site sewage facilities n/a On-site water supply and storage n/a Water mains 1,060 l.f @1B" ring $" D I P • tf,Rn 1 f $57,pnn Fire hydrants n/a Survey & street monuments & boxes n/a Street lighting $ snn Street name signs %in Fencing requirements $ upon Landscaping pia Park improvements pin SUB-TOTAL. Engineering and Supervision Costs (6%) $7,140.00 (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 $ $126, 100.00 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" . Signature of Applicant (If corporation, to be signed by President and attested to by Secretary, together with corporate seal,) Date: , 19 g 930567 •Cons o gaga Box 2127 EEiighteenth Street Atrium POIBoxd182prings 2290 E. Prospect 1621 18th Street, Suite 250 Colorado Springs.CO Ft.Collins,CO 80522 Denver, CO 80202 80901-0182 (303)493-8747 (303)296-0383 (719)633-4713 Archistruction (303)493-5869 FAX (303)296-0382 FAX (719)633-9508 FAX March 22, 1993 Exhibit B Del Camino Center P.U.D. CONSTRUCTION SCHEDULE: Construction of improvements, as required for the development of individual lots, and as listed in Exhibit A, shall commence upon issuance of a building permit on any indivudual lot, and shall be completed no later than 12 months from building permit issuance. Construction will consist of the following: 1. Extension of water lines, sewer lines shall be completed as indicated on the approved utility plan. 2. The engineering and construction of the acceleration and deceleration lanes and turn lanes along the frontage road at the south entrance to the subdivision. 3. Fire hydrants to be installed as required by the Mountain View Fire Department. Such locations to be determined, based upon final site plan review. 4. All streets within Block 2 are private roads and installation of those streets shall be the responsibility of the property owner of Block 2. 5. Access to Lot 3 shall be from the south entrance with a 32' wide entrance road. This shall be completed with the development of Block 3. 6. Emergency access provided to Block 2 through Block 3 shall be as required by the Mountain View Fire District. 7. Extension of electric service to service lots in Block 2 and Block 3 as needed for development of future lots. 8. Extension of gas and telephone service planned as needed for development of future lots. 9. Construct drainage ditches to handle site drainage as required by the drainage plan. Sincerely, James J. Neenan Vice President Real Estate Development JJN:j1w 930567 Li 7 COUNTY OF WELD, STATE OF COLORADO • ROAD IMPROVEMENTS AND-MAINTENANCE AGREEMENT THIS ACREEMEN.T, made and entered into this 22nd -day of March 1993, by and between She -COUNTY OF WELD, STATE OF COLORADO, hereinafter called "County" and DEL IAMINO-CENTER PARTNERSHIP, hereinafter called "DCCP". WHEREAS, DCCP has applied to the County for a PUD Plan, Case No. for an industrial park development located-in-the Wk of the WW1/4, Section 14, T2N, R68W of the 6th P.M., -Weld County, -Colorado and WHEREAS, the development will increase traffic on County Road 22, and WHEREAS, the County Commissioners-have requested the paving-of a portion of Weld-County Road 12, • NOW,THEREFORE, in Consideration of.the mutual convenants and conditions hereinafter set forth, the tounth and DCCP mutually agree as follows: A. To execute an agreement purauan t.to the Weld County policy Regarding Collateral for Improvements.prior to the initiation.of any development activiites in the Del Camino Center PUD which shall include provisions as-follows: • 1. Access onto -Weld County-Road 22 from the property shall be limited to three, two of which-may.-be-shared accesses. 2. DCCP agrees to pay 37% of the_total improvement costs for Weld County Road 22. The total improvement costa are currently estimated to be $51,-000 by the County. DCC-P's share of the improvements is based upon•a projected-traffic count of 38.3 trips/acre on the property. adjacent to Weld County Road 22. 3. Weld County-Road 12_shall be,improved from DCCP's east property_line west to the existing pavement at the intersection of Weld -County -toad 22 and the I-25 frontage,road. The improvements shall consist -of a 3 inch thick by 24 foot'vide.hot bituminous asphault with (2) 6 foot-ride shoulders. The-base course_shall le 10 inches thick land shall be Highway Class 6 aggregate. -_ 4. DCCP, through.the paving contractor yet to-be named, will warranty and maintain the improved portion of.Weld County Road 22 for a period of.one year, after such time-the County shall be responsible for maintenance. . • 930587 • 5. All construction and materials shall be in accordance with the State Department of Highways, Division of Highways, State of Colorado, Standard Specifications for Road and Bridge Construction, latest edition. 6. The County will provide testing and inspection for the construction. 7. No lots shall be platted or sold that access Weld County Road 22 until such time that the above mentioned portion of Weld County Road 22 is improved. ' B. DCCP agrees to participate in a Local Improvement District-pursuant to CRS 530-20-601 et seq. in the event one is established to fund the. improvements to Weld County Road 22 provided that the projected assessment is equal to or less than the estimated cost of improve- menta in Paragraph A. In the event a Local Improvement District is established, DCCP shall root be required to enter into the agreement set forth in Paragraph A. DCCP shall agree to pay whatever amount is assessed according to the benefit to the property by the Local Improvement District which is currently estimated at $18,870.00 subject to the limitation state herein. C. "Development Activities" include any construction, or issuance of building permits. D. Parties agree that this agreement shall constitute a covenant running with the land. IN WITNESS WHEREOF, the parties hereto'have.duly.executed the agreement the day-and year first-above written. DEL CAHINO CENTER PARTNERSHIP BOARD OP COUNTY COMMISSIONERS • By: Title: - Title: • BY: - -. - Title: ATTEST: _ _ - - 930567 _. -. HIP. O3 93 O2:47 HELD NTt TITLE CLIMPIliH"r =•� _B 1236 R8C 02183814 06/27/89 10336 $21 .00 1/007 AR2183814 P 1293 MARY ANN PEUERSTEIN CLERK 6 RECORDER HELD CO, CO DEL CI MINO Mr= COVENANTS THIS DECLARATION made this let day of June 1989, by DEL CAMINO CENTER PARTNERSHIP, A COLORADO PARTNERSHIP, hereinafter called the "Declarant." WITNESSETH: WHEREAS, the Declarant is the present equity owner of property situated in the County of Weld, State of Colorado, more particularly described as follows, hereinafter called the "Premises"! Del Camino Center - Part of the West Half, Section 14-2-68 according to the recorded plat thereof; and WHEREAS, Declarant is desirous of subjecting said Premises to the conditions, covenants, restrictions and reservations hereinafter sat forth to insure proper use and appropriate improvements of said Premises as follows: 1. Wherever herein used, the term "building site" shall mean any plot of land lying within any Lot and Black in Del Camino Center, the size and dimensions of which shall be established by the legal description in the original conveyance from Declarant to the first fee owner of said plot of land, other than Declarant. A building site may also be established by Declarant by an instrument in Writing, executed, acknowledged and recorded by the Declarant and filed with Weld county, which designates a plot of land as a building site for purposes of these covenants. If -two -0r more building sites, as defined hereinabove, are acquired by the same -owner in fee, its commonly owned building sites may, 1 930567 8 1235 REC 02183814 06/27/89 10,36 521.00 2/007 F 1294 MARY ANN FEUERSTEIN CLERK 0 RECORDER WELD CO, CO at the option of said owner, be combined and treated as a single building site for purpose of the Covenants contained herein. 2. No noxious or offensive trades, services or activities shall be conducted on any building site nor shall anything be done thereof which may be or become an annoyance or nuisance to the owner, tenant or occupant of other building sites within the Del camino Center area by reason of unsightliness or the excessive emission of fumes, odors, glare, vibration, gases, radiation, dus₹. llagz3G waste, smo.Ye or noise. 1. No building shall at any time be erected on any building site within twenty-five (25) feet of any street easements adjoining the -same, or any perimeter property line of Del Camino Center. No building shall be constructed within ten (10) feet or one (1) foot for every two (2) feet of building height, whichever is greater from internal property lines. 4. All vehicles shall be parked within the building site when loading or unloading at a building site. No loading dock shall be erected on any building site #ranting on any street, unless the front of such loading platform shall be sat back at least one Hundred fifty (150) feet from the property line -abutting the street on which said loading dock fronts. 5. Any -owner, tenant or occupant of any building site shall provide on the Premises off-street automobile -parking facilities for each employee employed on the Premises 13y the original occupants thereof and appropriate visitor parking. All -off-street parking and access drives and all loading areas shall be hard surfaced and properly graded to assure proper _drainage. Parking lot lighting, poles, and fixtures shall not exceed thirty-five (35) -feet in height. 6. Any owner, tenant or occupant of any building site shall submit to the Declarant's Architectural Review 2 930567 MRP 03 '93 0'3:49 MELD CO Y TITLE COMPANY P.4 8 1236 AEC 02183814 06/27/89 10e36 821.00 3/007 F 1295 MARY ANN FEUER8TEIN CLERK i RECORDER WELD CO, CO Committee plans and specifications for any building, improvements, or landscaping to be placed on the Premises. No building improvements or landscaping shall be erected or placed on the Premises without the prior written approval of plans and specifications therefore given by the Architectural Review Committee. All buildings shall be constructed of concrete masonry units, tilt-up construction (excluding twin- tees) or brick. All other materials shall be reviewed by and must be approved specifically by the Architectural Review Committee. Landscaping must meet minimum requirements of the PUD plan recorded with Weld County. 7. No building site nor -any part thereof shall at any time be used for any of the following purposes* dump, riding academy, public incinerator, rodeo, junk yard, trampoline center, quarries, sewage disposal plants, or gravel pits. Permitted uces shall be those as defined in the PUD plan recorded and accepted by Weld County. B. Any owner, tenant or occupant of any building site agrees that the area between the building lines as herein defined and the street property lines shall be used only for either open landscaped and green areas or for service access to the building or to a parking lot. Landscaped areas shall be done attractively with lawn, trees, shrubs or similar treatment and shall be properly maintained in a sightly and well-kept condition. All landscaping required hereunder or otherwise to -be provided an any building site shall be completed within sixty (60) days after the completion of construction of improvements constructed on any building site; provided, however, if weather conditions do not at such time permit, then such landscaping shall be completed as soon thereafter as weather conditions permit. 9. Water towers, water tanks, -standpipes, penthouses, elevators, or elevator equipment, stairways, ventilating fans or similar equipment -required to operate and maintain any building, fire or parapet "Ills, skylights, tanks, cooling or 3 930567 MAR 03 '93 OS:49 HELD C0IIPV TITLE O0MPAN'Y B 1236 R£C 021 -T61A -06/27/09 10:36 $21.00 4/007 F 1296 MARY ANN 1ED£RST£IN CLERK 3 RXCWIDER' WELD CO, CO other towers, wireless radio or tslnvisions matte, 115JP chimneys, smoke stacks, gravity flow storage and mixing towers -or similar structures may exceed a height allowed by the uniform Building Code -from the established building grade, only with the prior written approval of the Architectural review Committee. built site TO. Any owner, tenant, -or occupant of any b oil ttea or its iew*signs shall submit to the Architectural v substituted, designee, all flans for aigns to be erected,including details of changed or modified on the premicesa including at-ai and design, materials, location, Changed or d lighting. No sign shall be erected, substituted, royar -modified on -the -Premises without the -prior stitten pp of plans and speciliaations therefore given by the Declarant, or Ate _designee. Sign shall also cast We14 County requirement-s. retains such - 11. The Property Owners -Association hereby Cr convenient rights-of-way and easements _as-may be necessary for the purpose of erecting, construction, maintaining, repairing and operating utility services over, across, under and through each building site An -the designated setback areas between the building lines and the property lines, including -public utility wires, and xonduite -for lighting, power and telephone, gas line, sanitary sewer, storm sewer and water, and the PeClarsnt shall have the right to grant rights-of way and/or easements to others to carry out this purpose. Any oontraot for the Saying of such lines, wires, conduits, pipes -or sewers shall also provide that the Premises shall be reasonably restored to the same condition they mere in prior to the -doing -of such work. i mant, 1-O. Storage yards on any building sits lot equ p raw -materials, -semi iniehed or finished products shall be all-owed only -with the -prior -written -approval of the Declarant, or its designee. Declarant zeserves the right to require ssncing, shrubs, hedges, or other foliage es to 4 9305S7 a 1236 REC 7}2183814 06/27/89 10,36 $21 .00 5/007 F 1287 MARY ANN FEUERSTEIN CLERK & RECOEtDER WELD CO, CO afflictively screen the view of such storage areas as deemed necessary in keeping the Premises in a neat and sightly condition. 11. Each owner, tenant, or occupant of any building site shall keep said building site and the buildings,, improvements, landscaped areas and appurtenances thereon in a. safe, clean, _maintained, neat, wholesome condition and shall comply in all respects with all governmental statutes, ordinances, regulations, health and police and fire requirements. Each such owner, tenant or occupant shall remove, at its own expense, any rubbish or trash of any character which may accumulate on its building site, and shall keep tin-landscaped areas maintained and free from weeds and other unsightly plant growth, rubbish and debris. Rubbish, trash, garbage and other waste shall be kept only in sanitary containers. All equipment for the storage or disposal of such materials shall be kept in a clean and sanitary condition. Rubbish and trash -shall not be disposed of on the Premises by burning in open fires. In the event any -owner, tenant, or occupant of any building site fails to keep landscaped or un••landscapod _ereas maintained as provided for herein, than in such event Declarant, or this Assignee, may within fifteen (15) days -after written notice of such failure to owner, tenant or occupant, cause such area to be maintained in accordance -herewith for the account and _at the expense of such owner, tenant or occupant of said -builAing site. 14. No fence, wall, hedge or shrub, plant or tree which obstructs -site lines at _elevations between three -and six feet above the -roadway shall be placed -or permitted to remain on any corner of any wilding site within the triangular exec formed by street property linos _end a line connecting them at points twenty-five (35) feet from the intersection of the street lines. 5 930567 8 1236 EEC 02183814 06/27/89 10136 $21 ,00 6/lul F 1298 MARY ANN FEUERSTEIN CLERK i RECORDER WELL) CO, CO 15. Each of the foregoing covenants, conditions and restrictions shall run with the land, and a breach of any one of them and continuance thereof, may at the option of the Declarant, its successors or assigns, be enjoined, abated or remedied by appropriate proceedings, in addition to any other remedy at law or in equity. It is understood, however, that the breach of any of the foregoing covenant-s, conditions and restrictions shall not defeat or render invalid the lien of any mortgage or deed of trust on the Premises made in good faith and for value; provided however, (i) that any breach or continuance thereof may be enjoined, abated or remedied by the proper proceedings as aforesaid; and (ii) that each and all of the foregoing covenants, conditions and restrictions shall at all times remain in full force and effect against said premises or any part thereof, not withstanding any foreclosure of any such mortgage or deed of trust. No assent, expressed or implied, to sny breach of any one or more of the within -covenants or agreement hereof shall be deemed to -be taken to be waiver of any succeeding or other breach. 16. If any provisions of these covenants are held invalid as a matter of law, such .invalidity shall not affect the other -provisions of these covenants, all of which shall remain in full force and effect as herein set forth. 17. These protective -covenants and amendments thereto shall remain in full force and effect until April 1, 2009, provided, however, by -written _recorded instrument, the Declarant may amend these protective covenants. la. Site security and facility protection will be provided through _private security arranged and compensated by the property owner■ association or -by individual property owners. The Weld Country Sheriff will respond to provide service only as required to investigate a crime. Random area patrol, general area and facility security are sot the responsibility of the Weld County Sheriff according to the Colorado Revised statutes. 930567 '9H 'J J Leo 51 Lk__S iJ-'..l i , _- i_ 'H'H -Y —• 1 8 1236 Rt:C 02'183814 08/27/89 10:36 $21 .00 7/007 F 1299 MARY ANN FEUSRSTSIN CLERK & RECORDER WELD CO, Co IN WITNESS WHEREOF, the Declarant ham caused these covenants to be executed the day and year first above written. DEL CAMINO CENTER PARTNERSHIP, A Co rado Partner pip t /, I Ad State of County of (r.- r. a foregoing instrument was acknowledged before me this d/ 5 F day of c�, 19 I 1 , by GU)iti/•.7. .1e4NL,n0'r0 {dtariY bm hand and official .sal. n expire. (; • I. 47/ a?.Y.",t..... s I` 4IPIARr v ! O —.11�� dIc. '7�1 : 7Scrdtf u)t,,pV p Blain NOTARY PUBLIC nor'' ... O�;o t' 704 ,d. Mewl • rt.oci U b( D ' 930567 GODDING DITCH COMPANY CORRESPONDENCE March 22, 1993 Thus far in the development of Del Camino Center there has not been an agreement put in place between the Godding Ditch Company and Del Camino Partnership. Each time a site plan review-procedure has been initiated (twice - Specialty Products and Hauser Chemical), Godding Ditch Co. has been a part of the routing and approval process. Through those review processes, Godding has indicated their requirements. Though the site plan review of Specialty Products water, sewer, electrical and gas line crossings of Godding ditch were required, these crossings took place under Godding Ditch Co. guidelines and requirements. Through the site plan review of Hauser Chemical Research, a ditch crossing was required for the rerouting of a Wyco gas line. This crossing has also taken place under the review and requirements of the Godding Ditch Co. Also, as a requirement for Hauser Chemical, Godding requested a letter from Hauser stating that hazardous materials would not be discharged into the ditch. That letter is enclosed. In discussing the projects with Jack Hill, of the Godding Ditch Company, over the past few weeks, he has not indicated a requirement for an agreement. It would be our suggestion that any agreements necessary would be created and executed through the review process of the project. H.1 HAUSER 1 GODDING.COR 930567 I, FI Hr_r• _ (i_ l4USER ii iai Caiwctr RESEARCH,SC. January 18. 1993 • Mr.Jack Hill Godding Ditch Company 473O Weld County Rood #22 Longmont CO 80504 • Dear Mr. Hill: This letter is to discuss routine, and potential emergency discharges into your irrigation ditch from Hauser's facility located at Del Camino Center. Hauser does not intend to discharge any materials from its operations into the irrigation ditch. Prccipitntion from the site will runoff into a holding Dona prior to discharging into the ditch. The runoff will not contain any substances other than those commonly present on parking surfaces. Hauser will incorporate several preventative features Into the facility design to ensure that processing materials will not be released. for example, processing and storage areas will bo diked and equipped with a segregated drain system that will act as secondary containment. This will prevent accidental spills from entering the Irrigation ditch. The collection areas in the drains will be equipped with a detection alarm to notify personnel of accumulation. The collected material will be 'transferred immediately tv a holdinu Ct.ntainer ru lie aualy/ed. Once the analysis is complete, the material will be handled accordingly leg. recycled or disposed). In addition, astormwater management plan will be implmeneted so that general operating procedures will conducted in a manner that will minimize material exposure-to precipitation. • In the event of-an accidental discharge, Hauser will contact you immediately and provide the following information: • The material accidentally discharged;• the quantity and rate of the material discharged; • the time of the discharge; • the estimated concentration of the material; and • have Material Safety Data Sheet (MSDS) information available. We do not anticipate this to-occur, but will be prepared nonetheless. I would appreciate it you would forward the nameand telephone number of the person to contact in an emergency situation. Any information on the Oudding Ditch Company and the adjacent Irrigation ditch would also be helpful. Please contact me if you have any additional questions or if I can further assist you. Sincerely, • / Steven L. Perich Manager, Regulatory Affairs 5555 Airport Blvd.•Boulder.Colorado 00301•Ph:(303)443er,<9•FAX mm 441.56400 ,; 00 • • 930567 Weld County Title Company 1221 8th Ave. Greeley,CO 80631 • (303)356-3232 Metro 623-3232 March 18, 1993 Weld County Title Company hereby certifies that it has made a search of its records, and finds the following owners, liens, judgments, encumbrances, easements, contracts and agreements of record for the following described properties: Parcel #1 Lot 1, Block 2, Del Camino Center P.U.D. , a subdivision of Del Camino Center P.U.D. , Weld County, Colorado, according to the plat _recorded February 2, 1993 in Book 1369 as Reception No. 2320408. Parcel #2 Lot 1, Block 1, Del Camino Center P.U.D. - Filing No. 1, a subdivision of Del Camino Center P.U.D. , Filing No. 1, Weld County, Colorado, according to the plat recorded August 2, 1989 in Book 1239 as Reception No. 2187026. Parcel #3 Del Camino Center P.U.D. - Filing No. 1, Weld County, Colorado, according to the plat recorded August 2, 1989 in Book 1239 as Reception No. 2187027, excepting therefrom Lot 1, Block 2, Del Camino Center P.U.D. and Lot 1, Block 1, Del Camino Center P.U.D. - Filing No. 1, all in Weld County, Colorado. Parcel #4 Lot B of Recorded Exemption No. 1313-14-2-RE1009, according to plat recorded May 14, 1987 in Book 1156 as Reception No. 2099770, Weld County, Colorado, excepting therefrom that portion platted as Del Camino Center P.U.D. — Filing No. 1 according to the plat recorded August 2, 1989 in Book 1239 as Reception No. 2187027. The following are the owners of the above listed parcels: Parcel #1 Hauser Chemical Research, Inc. 555 Airport Blvd. Boulder, CO 80301 930567 PAGE 2 Parcel #2 Frank S. Bigelow -990 Highway 119 Longmont, CO 80501 Parcels #3 and #4 Del Camino Center Partnership, a Colorado General Partnership 203 South Main Street Longmont, CO 80501 The following are a list of Liens, Agreements, Easements, and Plats showing easements: Deed of Trust from Del Camino Center Partnership, A Colorado General Partnership to FirstBank of South Longmont, N.A. recorded July 28, 1989 in Book 1239 as Reception No. 2186637. Right of Way Conveyance to Wyco Pipe Line Company, a Delaware Corporation recorded March 12, 1947 in Book 1199 at Page 435. Grant of Easement to Darlene L. Wilson recorded January 20, 1976 in Book 757 as Reception No. 1679275. Right of Way Grant to Panhandle Eastern Pipe Line Company, a Delaware Corporation recorded October 19, 1976 in Book 780 as Reception No. 1701680. Grant of Easement to James T. Westervelt, Jr. and Carolyn Sue Westervelt recorded June 4, 1979 in Book 870 as Reception No. 1792473. Easement as contained in Warranty Deed from James T. Westervelt, Jr. and Carolyn Sue Westervelt to Rodney R. McDaniel and M. Ernestine McDaniel recorded December 3, 1984 in Book 1051 as Reception No. 1990576. County of Weld, State of Colorado Road Improvements and Maintenance Agreement recorded August 7, 1989 in Book 1240 as Reception No. 2187557. Improvements Agreement according policy regarding collateral for improvements recorded August 7, 1989 in Book 1240 as Reception No. 2187558. Improvements Agreement Policy regarding collateral for improvements recorded August 15, 1989 in Book 1241 as Reception No. 2188568. Recorded Exemption No. 1313-14-2-RE1009 plat recorded May 14, 1987 in Book 1156 as Reception No. 2099770. Del Camino Center P.U.D. - Filing No. 1 plat recorded August 2, 1989 in Book 1239 as Reception No. 2187027. CONTINUED 930567 PAGE 3 -Del Camino Center P.U.D. District Plat recorded February 10, 1989 in Book 1224 as Reception No. 2170555. Lot 1, Block 1 Del Camino Center P.U.D. - Filing No. 1 plat recorded August 2, 1989 in Book 1239 as Reception No. 2187026. Lot 1, Block 2 Del Camino Center P.U.D. plat recorded February 2, 1993 in Book 1369 as Reception No. 2320408. Deed of Trust from Frank S. Bigelow to Ohio Natl Life Insurance Co recorded June 21, 1991 in Book 1302 as Reception No. 2254019. COPIES OF ALL REFERENCED DOCUMENTS ARE ATTACHED FOR REFERENCE. In Witness Whereof, Weld County Title Company has caused this certificate to be signed by its proper officer this 10th day of March, 1993 at 7:00 A.M. Weld County Title Company By: rT udy L. eis Title Officer 930567 AR2169261 B 1241 REC 02189281 08/22/89 15:x` 01 - '1338 MARY ANN BEUERSTEIN CLERK L CORDER WELD CO,OCO • WARRANTY DEED State ocumentary Fee THIS DEED,Made this 9th dry of August 1≥viteA I989.betwren• Del Camino Center Partnership, r � ��/„/, A Colorado General. Partnership of the 'County of and State of Colorado,grantor,and FRANK S. BIGELOW whnwlcgal.ddmnis 990 Highway 119, Longmont, CO 80501 I of the County of and State of Colorado.grantee: WITNE_SSF,TH,Thai the grantor for and in consideration of the sum of • Eighty Six Thousand Eight Hundred Twenty Nine and 20/100tha ************** tx)ILARS. ' I the we tips and sufficiency of which is hereby acknowledged.has granted.bargained.sold and conveyed,and by these presenndct grant.bargain.sell. l convey and confirm.unto the granite,hi.heirs nd assigns fomer,all the real property together with improvements.if any.situate.lying and being in the I County of Weld and Stag of Colorado described a+follows: ,I I Lot 1, Block 1, of LOT 1, DEL CANINO CENTER P.U,D., I According to the Plat recorded August 2, 1989 in Book 1239, at Reception No. 2187026, Ii County of Weld, State of Colorado. I u+known by street and number as: s' TOGETHER with all and singular the hereditament+and appurtenances thereto in below r in anywise a rtair.in reversion and belonging. PM F•and the ' meniom,mnainder and remainden,rents.Issues and profit.thereof.and all the estate.right,title,intent.claim and demand w hatstxer of the l I grantor,either in law or equity.of in and to the shoe bargained premises,with the hrmlimnwnts and appurtenances. I TO IlASt AND TO 1101.1)the mid premises also bargained and described,with the appunemnees.unto the grantee.his heirs arid assigns j!, former.And the grantor.for himself,hi.twin,and permmal reprvsenlat isvm.J,resanemni.grant.bargain.and agree us and a ith the grantee.his twin and I' assign.,that at the limed(the cnsealing and delivery of these presents,he is well wised of the premises oboe amv eyed.has pool•sure.perfect.absolute II and indefeasible[stale oltnherilaner,in law,in fee simple,and has good right.full power and lawful authority to grant•bargain•sell and cnemy the sane II in manner and form as aformaid,and that the same are free and clear from all former and other grants.bargains.sales.liens•use,.assessmcon. encumbrances and restrictions orwhatovr Lind or nature boon wept taxes for 1989 and subsequent years, which by reason of adjustment, the grantees assume and agree to pay and subject to ease— H gents, reservations, restrictions, covenants and rights of way of record, or in use if any. I: The grantor shall and will WARRANT AND IOREVER DEFEND thealmt.hargained premises in the quiet and peaceable I.nsossionof Ow grantee. ;. his heir and assigns,against all and racy person or persona lawfully claiming the whole or any pan thereof.The singular numlrr shall include the plural. I'i the plural the singular,and the use of any gentler shall be applicable to all gender.. IN WITNESS WHEREOF,the grantor haw devoted this eked tin the date set forth ahoe. /. I'. I Del Camino Center Partnership, A Colorado '; / / j' by: _—t-_ Ct_A gad.e./( i,'pttra ♦ /!t /` Cc%NG 4;t6e:A. , STATE OP COLORADO Coamynr Boulder }" The foregoing Inatntment was acknnw Iedgesi before me this 9th day n( August I9 89 by Frank S, Bigelow ere General Partner and Edwin S. Kanemoto a Gene General Paru)cr for Del Camino Center Partnership, a Colorado General Partnership My eommiitinn gplres July 28 .19 92 .Ritncn my hand and oflhial seal. :�• j; •J�\ sM. ,beet:. era.) Q91.?.1-, /`w 1Al.1.i. 'e / 0 Q.) �� ra..N,naa. �i y' 930567 q nitw tf:Ciy n�A w• 'II in lkoY B 1219 REC 02165787 12/21/98 15:46 $3.00 1/001 165767 F 1265 MARY ANN FEUERSTEIN CLERX & RECORDER WELD CO, CO I— TRADE NAME AFFIDAVIT STATE OF COIDRAtIO. a. County of Boulder Edwin S. Kanemoto of the County of Boulder .in the State of Colorado. being lint duly mom, upon oath deposes and says that DEL CANINO CENTER PARTNERSHIP, a Colorado General Partnership — bathe name under witkh a business tx trade Is king earned on at 201 So. Main street, Longmont, Co 80501 in the County or Boulder ,and Slate of Colorado. The full fast names and sumamc% and addresses of all persons who arc represented by the :Said name of DEL CANINO CENTER PARTNERSHIP, a Colorado General Partnership arc a,follaxs: J Edwin S. Kanemoto Kenneth Kanemoto Frank S. Bigelow 203 So. Main Street 203 So. Main Street 204 So. Bowen Street . Longmont. CO 80501 Longmont. CO 80501 Longmont. CO 80501 I James J. Neenan David G, Heenan ill . )- 400 So. NeCaslin Blvd. P205 P. 0. Box 2127 l, Louisville. CO 80027 Port Colli a. CO 80525 I; The aflant Is(one of the persons)(the person)'eanying on2sinew r the u e name. I II I, Suh,crilxd and swan to _ •. this 19t:h dry of December ,1918—, My(txnmiaknnp'-lie1}', Y 7: ` :88 //\1 Wilms.,my hand f( / �V L \��p_> \v,KN.`i.\V . l w, 520 Hain Ste , Longmont CO 800 •_4ae w�lk+hk . . l . w+ NOTE—Tclny,fnl An ."• bind hi ax nary In%Mt myrtxn. twxaiwkn,fr,+moalmin%„rmiasma a.k m as: Sl.e,f C,Arak,unk,wry teat MS the tit'wand norm of In nmvumi men ll n The AfLSnk I,In 1c rcul,J lr any clunr.sMlr,by.ashy...+t. .SWlrSl.n ticrsM.dae tulk„gnrntJ hype awls.Unka nkst.was le,Nkkm(JM, n.t ltaZ vN nJ lailua.111.wnra a nuwknccn (i,rye.hke Mtn rat e+lk+a Itne,t ne ka Si Sla.tu,nt inn'tM$Xt1.tn.CA.a.7.71.1111 tiv?JI vt ax. Nil.:NI.Rev.2.79. Txum:NAME AllltM ti Wd:N NtAAq.Nan W w,M,.11r..J.(u wrya—„fl,:11 on. 930567 I B 1369 REC 02320951 02/05/93 15:05 $5.00 1/001 t223209S1 == F 3 MARY ANN FEUERSTEIN CLERK 6 RE DER WELD CO, CO 1 VQAflfl TTY DEED ' THIS DEED, Made this day of February 2, 1993, between S DEL CAMINO CENTER PARTNERSHIP, A COLORADO GENERA!. ate 00{,'0 FEE PARTNERSHIP $ of the County of BOULDER and State of COLORADO, grantor, and NAUSER CHEMICAL RESEARCH, INC. whone legal address is 5555 AIRPORT BLVD., BOULDER, CO 80301 of the County of BOULDER and State of COLORADO , grantee: SIX HUNDRED FORTY-NINE THOUSAND FOUR HUNDRED NINETY and 25/100ths WITTUSEETN, that the grantor, for and in consideration of the sus of 5649.490.25DOLVAS, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the grantee, their heirs and assigns forever, all the real property, together with inprovenents, if any, situate, lying and being in the County of WELD and State of Colorado, described az follows: Lot 1, Block 2, DEL CAMINO CENTER P.U.D. I� II I i also known as street and number VACANT LAND TO2TBu with all and singular the hereditament' and appurtenances thereunto belonging, or in anywise appertaining and the reversion and reversions, remainder and reminders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the said grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaacts and appurtenances. TO NP.VE AC TO BOLD the said pre,ites above bargained and described, with the appurtenances, unto the said grantee, their heirs and assign' forever. And the said grantor, for himself, his heirs, and personal representatives, does covenant, grant, bargain and agree to and with the grantee, their heirs and assigns, that at the tine of the enaealing and delivery of these presents, is well seized of the praises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee single, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and fora aforesaid, and that the sue are free and clear fro,all former and other grants, bargains, sales, liens, taxes, aesestaents, encumbrances and restrictions of whatever kind or nature soaves, ENCEPT FOR TAXES FCR THE C0RRER TEAR, A LIEN BUT NOT re: DOE CR PAYABLE, ERSEHENTS, RESTRICTIONS, COVENANTS AND RIGHTS-Cr-NAT Cr RECORD, IT ANr, The grantor shall end will Viaaat AID raofA DEFEID the above-bargained praises in the quiet and peaceable ion of the grantee his Mire and assigns, against all and every person or parsons lawfully claiming the whole or any part thereof.The singular number shall include the plural, the plural the singular, and the use of any gender shall be fable to all getIN WI at, t gr has cited this deed on the date set fortPi above. yy i _ DE arm PAR AS , r�W0./Q � o GENERAL AARTNERSHIP STAR CF COLCR WO i Ins. COUNTY CT BCCIDER I The foregoing instrument was acknowledged before a this day of February 2, 1992 by Edwin S. Kanemoto, Kennet'. :anemoto, Frank S. Bigelow, James J. Neenan and David C. Neenan as partners of DEL CANINO CENTER PARTITASHIP, A COLCRADO GENERAL PARTNERSHIP My CoaaisafOn Aires July 28, 1996 : Witness my hand and official seal. . :i b \'.rzY .\ .N:;'-\-\..S i C \ I iota yublit: 930567 .. B 1219 REC 021¢5788 12/21/88 15:46 $6.00 1/002 AR2165788 • F 12 MARY ANN FEUERSTEIN CLERK L' REC 1ER WELD CO, CO Ii: --- — ______WARRANTY DEED Il I THIS DEED,Madc this 19th day of December • 'I i 19 88,between JAMES S. COBB of the County of Boulder and star of r :,:ole Dotumentoryin I • Date.12--al - us Colorado,grantor,and $ I S. ' I t DEL CAMINO CENTER PARTNERSHIP, I I il a Colorado General Partnership whoselegaladdmss is 203 So. Main street Longmont, CO 80501 I; of i' I County of and Stab of Colorado,grantee; ' I WITNESS ETH,That the grantor for and in consideration of the sum of d One Hundred Fifty-two Thousand and no/100ths ($152,000.00) DOLLARS. ,I the receipt and sufficiency of which is hereby acknowledged,has granted.bargained. 444 and cm,syni.and by these gametes don grant.bargain.sell. . ;I convey and confirm.unto the grantee.his heirs and assigns rsmvt all the red pmpcny together with imon..einem,.if any.situate,lying and being in the I,I County of Weld and State of Colorado described as rouos,: i • QQ II - An undivided 33.333% interest in and to the property described on "-N-Cs,10 i "Exhibit A", which is attached hereto and made a part hereof by this k,-1 °- reference. II . i 'I • O 'I i. as known by street and number u: ' I TOGETHER with all and singular the hrmditaments and appurtenances thereto belonging.or in anywise apftnaining.and the reversion and rominns.remainder and remainders,rents.issues and profits thereof.and all the estate.right,title,interest.claim and demand whaisomer of the grantor,either in line or equity.of in and to the abort bargained premises,with the hereditament%and appurtenances. TO HAVE AND TO HOLD the said premises abort bargained and described.with the appurtenances,unto the grantee-his heirs and digits forever.And the grantor,for himself.his heirs,and personal representatives.does covenant.grant,bargain.and agree to and with the grantee,his heirs and assigns.that at the time afihe mutating and delivery of these pesents,he is well seized of the premises above conveyed.has good.sure.perfect,absolute and indefeasible estate of inheritance.in law.in fee simple.and has good right,full power and lawful authority to grant bargain,sell and coma the same in manner end form as aforesaid,and that the same are free and clear from all former and other grants,bargains,sales.liens.taxes.assessments, encumbrances and restrictions of whatever kind a nature saver,except taxes and assessments for 1988 and subsequent years; subject to easements, rights-of-way, _covenants, restrictions • and reservations of record or in use, if any; The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the grantee; his heim and assigns,against all and nary gown or persons lawfully claiming the wholeor any part thereof.The singuiacnumber shall include the plural. the plural the singular,and the use of any gender shall be applicable to all gender. IN WITNESS N'IIEREOF,the grantor has executed this deed on the date set forth above. James . Cobb STATE OF COLORADO Count Y •�J Boulder The foregoing' nt was.cb*1 ed before me this 19th day of December •lq BB • M ,lames S. o (fj11Sy .o f ltIBERkI My commission es on, Usti j ,i9 92 .Witness my hand and official seal. id.' a rQp • Or:0(461. I 'If in Denver,insert"Cie and �/ y -. 93[1a,r' 6'7 `� ' o � I . (i a s y H s �.� c N 3' i Z c G o P. 0 PV a o 44. C $. I a y . o S g 1tl- el VA•— �o u ;'o I y l�J 0 ; a \d B 1219 REC 02165788 12/21/88 15:46 $6.W00 2/00002 - F 1267 MARY ANN FEUERSTEIN CLERK S RECORDER ELD CO, -r • EXHIBIT A Lot "B" of Recorded Exemption No, 1313-14-2-RE 1009, recorded May 14, 1987 In Book 1136 at Reception No. 2099770, being a part of the following de- scribed property; • All that part of the W1/2 of the NW1/4 of Section 14, Township 2 North, Range 68 West of the 6th P.N., being more particularly described ae follower BEGINNING at the Northeast Corner of the W1/2 of the NW1/4 of said Section 14 whence the North one—quarter corner bests North 90'00'00" East, 1310.50 feet; Thence South 00'12'30" tact, 2658.81 feet to the Southeast Corner of the W1/z of the NW1/4 of said Section 14, whence the center quarter corner of said Section 14 bears North 89'55'47" Eset, 1301.48 feet; Thence along the South line of said NWI/4 South 89°55'47" West, 900.98 feet; ;.'hence the Weatone-quarter corner of said Section 14 bears South 89'55'47" West., 400.50 feet; Thence North 00°24'08" West, parallel to the West line of said NW1/4, 110.00 fete; Thence South 89°55'47" West, 400.00 fest to a point on the West line of said NW1/4 whence the West one-quarter corner bears South 00'24'08'• East, 110.00 feet; Thence along said West line North 00'24'08" West (recorded North 00'05'Wese), 1081.80 feet; Thence North 89'35'52" East (recorded North 89'55' East), 299.00 feet; Thence North 00°24'08" West (recorded North 00'05' West), 175.00 feet; . Thence South 89°35'52" West (recorded South 89'55' West), 299.00 feet to • a point on the West line of said NWI/4; Thence North 00'24'08" West, 1293.66 feat to the Northwest Corner of said Section 14; Thence along the North line of the NW1/4 of said Section 14, North 90°00'00" East, 1310.49 feet to the POINT OP BEGINNING. County of Weld, State of Colorado. DEL CAMINO CENTER PARTNERSHIP ED KANEHOTO 203 S. Main Street Longmont, CO 80501 930567 • • ocl3ck_M.on Boo, Page AR21Gt,636 — $ 1239 REC 02186636 07/28/89 15:41 $10.00 1/002 F 0454 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO Quit ClaijnTait THIS DEED is a conveyance from the Individual(s), corporatlon(s) at other entity(ies) named below as GRANTOR to the individual(s)or entity((es)named below as GRANTEE of whatever interest the GRANTOR may have in the real property described below. The GRANTOR hereby sells and quit claims to the GRANTEE the real property described below with all its apputtcnanc es I he'pet dlc terms of this deed are: Grantor: (Owe nam.(•I end planets}of modems;d the spouse el the owner-venter a Immng m Ms Dyad to roue homatl.ed ogho. ,d.nlay pant«s da neitend and wide) FRANK S. BIGELOW, as to an undivided 33.3335 interest, EDWIN S. KANEMOTO, as to an undivided 16.6675 interest, KENNETH KANEMOTO, as to an undivide 8.667% interest, DAVID G. NEENAN, as to an undivided 4.0002 interest, and JAMES J. NEENAN, as to an undivided 4.000% interest. Grantee: )One n.m.l.l and addr.n(n);statement 01 edam,Including•.•gable toed ea street number,is(nutted.) DEL CAMINO CENTER PARTNERSHIP, A COLORADO GENERAL PARTNERSHIP Form of Co-Ownership: rumens are tee ee most grantees lamed,they wit be eona,der•d to sit.se tenant.in common unless the words 1n)elnl Ienancy or words el the sane moaning ma added in the space talon) Property Description: (Include county and Stan) r� ' See Exhibit A attached hereto and by this reference made a part hereof. REAL PROPERTY TRANSFER DECLARATION NOT RECEIVED BY CLERK AND RECORDER n Properly Address: 0 0 a Reseryallons-Reslrletlons: Ill me GRANTOR Intends le merve any tattiest In IN properly or to convryleu than"wr1,or 11 O Ins GRANTOR is restricting the GRANTEE'S tights N Ina d � g b property,mau alroroorel•lnaiutan 1 3 E.eculed by Inc Gunny en July 20 •Is O elenature Clwyd lee Cerperulen,PenwMlp ee M,edNleou tlenMwe Chum dMM.yq: Nerve of Gigolo( Corpoul,oe•Pulnerltup w As•oCULon F Bi• . G i nem •eemo 'L mes J. N an, Grantorv •'• , 'IO STATE F COLORADO ) gs 'avid C. Neena y, "'••,Cja Fo COON r F Weld 1 y Tne lm:gwnd,muum.nl wit utr.ewledged before me Inn 20th day of July - it 89 der. Frank S. Bigelow, Edwin S. Kanemoto, Kenneth Kanemoto, David C. Neenan and wllNtss,James . Neenan. ayeemmacennnewes: rot c,t3 mrt uyPwMC >� STATE OF COUN TY OF 1 SS_ Inv Incepting mtlrum.nl wit•Ctrowledeed Delos.In.INt day el .N or• r name me,adutl Gunmetal out Owlet is Corpbetea pann,nlYe 04 AllMeten.INnbenTly.,giwrl as pitudeal or ace president and tKUlary OT at''steal tea wary of Co.portion•Or e•perin•rhl of ganMlamp.cm al•vtaNged memoerlll of U1oC'ten I WITNESS my hand and o1LGr•I W el Tay C.mmNNon Caplan: NNM7 Plant 930567 r.n nrO+TF lff.Al FORMS EXHIBIT "A" The land referred to in this Quit Claim Deed is described as follows: B 1239 REC 02186636 07/28/89 15:41 $10.00 2/002 F 0455 MARY ANN FEDERSTEIN CLERK 6 RECORDER WELD CO, CO Lot "B" of Recorded Exemption No. 1313-14-2-RE 1009, recorded May 14, 1987 in Book 1156 at Reception No. 2099770, being a part of the following de- scribed property: All that part of the W1/2 of the NW1/4 of Section 14, Township 2 North, Range 68 West of the 6th P.H., being more particularly described as follows: BEGINNING at the Northeast Corner of the W1/2 of the NJ1/4 of said Section 14 whence the North one-quarter corner bears North 90'00'00" East, 1310.50 feet; Thence South 00'12'30" East, 2658.81 feet to the Southeast Corner of the W1/2 of the NW1/4 of said Section 14, whence the center quarter corner of said Section 14 bears North 89'55'47" East, 1301.48 feet; Thence along the South line of said NW1/4 South 89'55'47" West, 900.98 feet; Whence the West one quarter corner of said Section 14 bears South 89'55'47" West, 400.50 feet; Thence North 00'24'08" West, parallel to the West line of raid NW1/4, 110.00 feet; Thence South 89'55'47" West, 400.00 feet to a point on the West line of said NW1/4 whence the West one-quarter corner bears South 00'24'08" East, • 110.00 feet; Thence along said West line North 00'24'08" West (recorded North 00'05'Wust). 1081.80 feet; Thence North 139'35'52" East (recorded North 89'55' East). 299.00 feet; Thence North_00'24'08" West (recorded North 00'05' West), 175.00 feet; Thence South B9'35'52" West (recorded South 89'55' West), 299.00 feet to a point on the West line of said NW1/4; Thence North 00'24'08" West, 1293.66 feet to the Northwest Corner of said Section 14; Thence along the North line of the 11W1/4 of said Section 14, North 90'00'00" East, 1310.49 feet to the POINT OF BEGINNING. County of Weld, State of Colorado. ' 930567 • AR2166637 • . nchtt_ ir M.• Rccer • DEED OF TRUST I' THIS INDENTURE,blade this 27th day of July .19 89 ,between j II DEL CAMIN0 CENTER PARTNERSHIP, A COLORADO GENERAL PARTNE HIP II whom addrea is 203 South Hain Street, Longmont, Colorado 805 1 II Ihereinafter referred to as grantor.and the Public Trustee of the -'Canty of • ,I Weld A te dGoondo+, rtinaatt mJmas Tmsee. I' lb tLT:S,S TI1 THAT.WItVRE S.De� �am�no ["`enter artner gyp, a c orado General Partnership and 'I Edwin S. kanemoto, individually; Kenneth Kanemoto, Indi idually; Frank S. Bigelow{I I; Individually; James J. Neenan Individually and David have' fLttexecutd a pmntssory note or notes.hereinafter'erected to m the singular.dated July 2/, 19 r ,for the I prtndpal,umof Six Hundred Twenty-five Thousand and no/100 Dolian•pay,Ne to the order of l.; FirstBank of South Longmont, N.A. r' whavaddressu 600 Florida Avenue, Longmont, Colorado 80501 H Three Hundred Sixty—five (365) days afwnhe doe bere [.with intcm>I thereon from the date thereof 'I• atthe rate or pKKN,KNXLCxxxxxx 1.00 per cent in excess of the rate quoted by Tithe holder as the Commercial Base Rate. The rate of interest shall be adjusted I I'on the first business day of each month. Accrued interest shall be paid quarterly;' lcemmencing October 27, 1989, except if not sooner paid, the entire balance of II it (,principal remaining and interest accrued shall become due and payable July 27, 1996. 11 II AND WHEREAS,The grantor Is desinus of souring payment of the principal and interest of said rn w in whose hands six-sm he said n,daren,. II note or any of them may he. iI NOW.TI IIiR ER)R E.The grantor.in consideration of the pre mites and fur the purpose afore.aid.doe:hereby grant.bargain.sell and convey ' unto the said Public Trustee in trust forever the following described property,situate in the County of II.Weld .Stain of Colorado.to wit: ,I See attached Exhibit "A" incorporated herein by reference. II !, B 1239 REC 02186637 07/28/89 15:41 $15.00 1/003 '; F 0456 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO I II Togethernlh*linty and patent%atm tam eliej en appudauaMb di property et wNch en a may be used on Oren II trngctionwith the prop:tlyalthipfgeill Comas''EmeheresRerb$udla&bvtoa Gated 1b81e 1plgainr edludicatsds i.t r.:• -end decrees and primate:tutelar,una4Wiwlad[step nob and spprt9M:,4 data In moor from In::,::wry.' 1 r.;'::b.nury umrcra,e bettersur4aauMa0otvteadflixW+ndt tlittm'� ii Eh,...cif Of MUM federal,state a municipal aWtaktar dotty area Muundma9 basing ill,non{ :t l,1 un _rconlnctaachange.apiw olaupngnbyaLUdpglqunay,naer\drAp � tabr Wino dingbuclxi>::,t �' fr.mn and son DeiraiNmah,rnpe and ahelsLudat:':r r t reymg rater and al ddl6olunard sasemefh'"anise and rag awn ofateth attar hantingb eridencl,\g say w ah light te any fuel[rater bomM dmerlboi 1 v I alts known by street and number o TO IIAVE AND TO HOLD the'AMC.together within and singular the privileges and appurtenances!hereunto belongingg:In Trust neanheless.that II Iin case of default in the paynwnt of said none or any of thent.ur any pan thereof.or in the payment of the interest thereon.aceoruing to the knot and effect of 1' said mile or any of then[.or in the payment of any prior encumbrances•principal or interest,if any.or in rase default hall be made in or in ease of violation or breach of any of the terms.conditions,eomenanls or agreements herein contained.the beneficiary hereunder or the legal holder of the indebtedness I' secured hereby may declare a violation of any of the covenants herein contained and elect to advertise said pntperly for sale and demand such tale,then. I upon filing not we of such election and demand for sale with the Public Trustee,who shall upon receipt of such notice of election and demand pot sole cause ae•py of the same to be weeniestin the cou nty the in which said real estate Is situated,it shall and may be lawful for the Public InflictI lto s:II and dispose of the same fen muse or in separate parcels,as the said Public Trustee may think be:tl.and all the right,title and interest of the grantor. I hts heirs or assigns therein.at public auction at the ma In front door of the Court House.in the County of Weld f same will Min State raof Colorado. lorad.(r on said premise.,or any part thereof as may be specifier]in the notice of said sale.for the highest and best putt the II g' public notice having been ptesitwsly given of the time and place of such sale,by advertisement,weekly,in some Inewspaper of general circulation at that time published in said County of Weld ,a copy of which notice shall be mailer]within ten days from the date of the lint publication thereof to the grantor al the address herein given and to such person or persons appearing to have acquired a subsequent record interest to said teal estate at the address gist,in the recorded Instrument:where only the county and state Is given as the I. address then such notice shall be nailed to the county seat.and to make and give to the purchaseror purchaser Mooch ptu etty al such salt,a certificate or certificate,in writing describing such pngeny purchased.and the sum or toms paid therefor,and the lime when the purchaser or ppeurchasan(or other person entitled Motto)shall he entitled to a deed or deeds therefor,unless the same shall be redeemed ash pan idcd by law;and said Public Trustee shall, i. upon demand by to person or persons holding the said certificate or certificates of purchase,when said demand is made,or upon demand by the penom entitled to it deed to and fur the pnryeny purchased,at the lime such demand is ntxk,the time for redcmpr ion having expired.make and execute In such f pcntm or matins a deed or deeds to the said property purchased,which said deed or deeds shall he in the ordinary firm of a conveyance,and shall be ;signed.acknowledged and delimnd by the said Public Trustee and shall empty and quitclaim to such person or persons entitled to such deed,the said II pntl+eny purchased as aforesaid and NI the right,title.Interest,benefit and equity of nvkmption of the grantor,his heirs and assigns therein,and shall 'I recite the sum nr sums for which the said property was sold and shall refer to the power of sac therein contained.and to the sate or ales made by virtue thereof:and in ease of an assignment of such certificate or certificates of purchase.nr in ease of the redemption of such property,by a subsequent encumbrancer,such assignment or redemption shall also he refereed to in such deed or dints;hut the notice of sale need not be set nut in such deed or II deeds and the Public Trustee shall.out of the proceeds or mails of such sate,after first paying and retaining alt fees,charges and cuss of making said sale. I. iI pay to the beneficiary hereunder or the legal holder of said nine the principal and interest due on mid note according to the tenor and effect thereof,and all IImoneys advanced by such beneficiary or legal holder of said note for Insurance.tales and assessments,with interest thereon at 36.00 per cent per I annunm,rendering the mtrptus.if any.unto the grantor,his legal representatives or assigns;which sale or sales and said deed or deeds so made shall be a ferpm mil bar.Nutt in law and equity,against the grantor.his heirs and assign,,and all other persons claiming the said property.or any port thereof,by,(runt,though or under he grantor.or any of tam.The holder or holden of said note or notes may purhaa said property or any part hereof;and it shall me be obligatory urym the purthatr or purchasers at any such sale In see to the application of the purchase money.Ifs release deed be rquimed,it is j agreed that the granter.his he in or assigns,will pay the expense thereof. II 'If in Iknver,inset—City and" 930567 .�,e„ ._a__.-,_.�a-.a...+.. ...::.r.u,w.raary ruallueuu,.,x.. .t..•..emu, .:r.Ya�luu D 1239 02186637 07/28/89 15:41 $1 t0 2/003 rS F 0457 t...aaY ANN FEUERSTEIN CLERK & RECORDLA WELD CO, CO e And the grantor,for himself and his heirs.personal representatives or a,'gna covenants and agrees to and wish the Public Trustee,that at the lime of the cnscaling of and delivery of these presents he is well scired of the said land and tenements in fee simple,and has good right,full pwct and lawful authority es grant.bargain.soil and convey the same in the manner nd romt a,aforesaid:hereby fully and absolutely waiving and releasing all rights and claims he may have in or to said lands,tenements,and pmpeny as a Homestead Exemption,or other exemption,under and by vinue of any act of the General Assembly of the Slate of Colorado,or as any exemption under and by vinue of any act of the United States Congress.now existing or which may hereafter be passed in relation thereto and that the same are free and clear of all liens and encumbrances s•haoer.caeep None and the above bargain«,property In the quiet and peaceable possession of the Public Trustee.his successors and assigns.against all and es<ry person or • pe mans lawfully claiming or to claim the whole or any pan thereof,the granite shall and will Warrant and Pon yr Defend. Until payment in full of the indebtedness,the grantor shall timely pay all Ines and assessments levied on the pnspeny;any and all amounts due on account of principal and interval mother sums on any senior encumbrances,if any:and will keep all impnweneno that may be on mid lands insured aping any casualty loss,including extended commie,in a company or companies meeting the net worth requirements of the beneficiary hereof in an amount not less than the Then natal indebtedness.Each policy shall contain a loss payable clause naming the beneficiary as mortgagee and shall funher pnwide that the insurance may not be canceled upon less than lendays written notice to the beneficiary.Al theoption of the beneficiary.the original policy or policies of insurance shall he delivered to the beneficiary as further security for the indebtedness.Should the grantor fail to insure and deliver the pdiciesar its pay lases orassessments as the same fall due,or to pay any amountspayable upon senior encumbrances•of any.the beneficiary may make any such payments or procure any such insurance,and all monies so paid with interest thereon at the rate of 36.0' per annum shall he added to and becaddition.and pan of t of hindebtedness umedhe s'eucd by this Deed of Trust and may he paid out of the proceeds of the sale of the property if mwprid by the grantor In fw y ay declare the indebtedness secured hereby and this Deed of Trust to he in default for failure to mare insurance or nuke any of the payments required by this paragraph, If all or any part of the property or an interest therein is sold or transferred by the grantor w ithout beneficiary's prior written consent,excluding lathe creaii,n of a lien or encumbrance subordinate its this Deed of Trust,Iha the creation of a purchase money security Imrrest for household appliances.(Oa transfer by devise,descent or by operation of law upn the death of a joint tenant or lin the grant of any leasehold interest of three years or less not containing an rep ion to purchase,beneficiary may al beneficiary's option.declare all the sums securest by this Deed of True In be immediately due and pay-able.Beneficiary shall have waived such option to accekrate if.prior tome sale or transfer.beneficiary and the person to whom the progeny is to be Mild or transfened reach agreement in writing that the credit of such person is satisfactory to beneficiary and Mat the interest payable on the sums secured by this Deed of Trust shall be at such rate as beneficiary shall request, AM)Ill AT IN CASE OF ANY DEFAULT,ks%crcby the right of foreclosure ocean hereunder.the Public Trustee or the holder of said note or cenitieae of purchase,shall at once become entitled to the pnsessan,use and enjoyment of the pmpeny aforesaid.and to the rents,issues and profits thereof,from the accruing of such right and during the pendency of Lnednsure meet-dings and the period of redemption.if any there he:and such possession shall at once he delivered to the Public Tmstec or the holder of said now or ten iMate of purchase on request,lint son refusal,the delivery of such possession may he enforced by the Public Trustee or the holder of said mite or canilicale of purchase by any appn ppriah civil suit or proceeding.and the Public Trustee,or the holder of said note or certificate of purchase,or any thereof,shall be cntitled to a Receiver hr said pm ny,and of the rents, issues and profits thereof.after such default,including the time em eel by foreclosure proceedings inside period of redemption,if any there be.and shall he entitled thereto as a mattered right without meant to the solvency or inmivencyof the grantororof the then caner of mid pna eny and without regard to the hereby elue thereof. andsh Receiver may be appointed by any court of cantpetentjuriwlietitmupm ex paneapplication and without notice—malice being P Y waived and all rents,issuesi d.pmdis,Income and revenue therefrom shall be applied by such Receiver to the payment of the indebtedness hereby secured,according:In the law and The"lien gel directions of the court. 'ls AND,That incase of default in any of said pymenit ofpHneipai orinineu:seceding to the tenor and effect of said promissory note afuneaid,or any of them,or any pan thereof.or of a breach or violation of any of she covenants Mapaecnenu herein,by the granor,his personal representatives or assigns. then and in that ease the whole of said principal aunt hereby secured,and the tremors thereon to the time of the sale.may at once,at the option of the legal holder thereof,become due and payable,and the said property be sold ih the canner and with the yore effect as if said indebtedness had matured,and that iffondmut he nudehy theeublieTm.ce.anatuenrysfre J0LYfx% as described in the note OCI.IAK for services in the supervision's(said foreclosure pnaevdings shall be aboard by the Public Trustee as a pan of the cost of foreclosure,and if foreclosure be made through the courts a reasonable atmrncyl fee shall be taunt by the court as a part of the cost of such ftrecl su proceedings. The singular nu niter shall include the plural,the plural the singular,and the we of ny gender shall he appli le to all genders. ore Cami•: Executedthis 27th days July N g• er Par nerahip, a lora•. Al P tnerehip by: Mtn • anem/a rr, enera Par4nerc, a_ /itaS.,a .ten i,,jh 4 ne nic ennet anemo o, enera 'arttl Dade C Neenan, G' ral Partner =--�� .,• �Q� State of Colorado 1,s. n „ ,� enera ,partner : ' r County of Boulder {/fit, -^ '• •0 i,;..C r� J•••es J. N en n, General Pardn..ie —' it • The fmrgwng instrument was acknovkdged behrt me the 27th day of u ..:I9 A q Sdwin S. Kanemoto, General Partner; Ken th Kanem , General Partner; Frank S. Big, General Partner; James J. Neenan, General Partner and David C. Neenan, General Partner Witr ssntyhandand seal. Del Camino Center Partnership,�a Colorado enera! Partnership ,Yr Q lV a k My commission expires July 13, 1993 �' 600 Florida Avenue, Longmont, CO 80501 ' T ,-ti S1 1 1 s 5 i z Iiy JJ at I ° 8 I•. - B S o � � � _ 1 r . o 5 930567 tai EXHIBIT "A" B 1239 REC 02186637 07/28/89 15:41 $15.00 3/003 F 0458 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO As to a Deed of Trust dated July 27, 1989, for $625,000.00 to Del Camino Center Partnership, a Colorado General Partnership. Lot "B" of Recorded Exemption No. 1313-14-2-RE 1009, recorded May 14, 1987 in Book 1156 at Reception No. 2099770, being a part of the following de- scribed property: All that part of the W} of the NWI of Section 14. Township 2 North, Range 68 West of the 6th P.H., being more particularly described as follows: BEGINNING at the Northeast Corner of the WI of the NWct of said Section 14 whence the North one-quarter corner bears North 90 00'00" East, 1310.50 feet; Thence South 00°12'30" East, 2658.81 feet to the Southeast Corner of the WI of the NWI of said Section 14, whence the center quarter corner of said Section 14 bears North 89°55'47" East, 1301.48 feet; Thence along the South line of said NWI South 89°55'47" West, 900.98 feet; Whence the West one-quarter corner of said Section 14 bears South 89°55'47" West, 400.50 feet; Thence North 00°24'08" West, parallel to the West line of said NWI, 110.00 feet; Thence South 89°55'47" West, 400.00 feet to a point on the West line of said NWI whence the West one-quarter corner bears South 00°24'08" East, 110.00 feet; Thence along said West line north 00°24'08" West (recorded North 00°05' West), 1081.80 feet; Thence North 89°35'52" East (recorded North 89°55' East), 299.00 feet; Thence North 00°24'08" West (recorded North 00°05' West), 175.00 feet; Thence South 89°35'52" West (recorded South 89°55' West), 299.00 feet to a point on the West line of said NWI; Thence North 00°24'08" West, 1293.66 feet to the Northwest Corner of said Section 14; Thence along the North line of the NW} of said Section 14, North 90°00'00" East, 1310.49 feet to the POINT OF BEGINNING. County of Weld, State of Colorado. 'It edt July , 1989 7 I \A, U!I/hi/llYnt',w ESK FSB JN DGN 930567 y mrtshattra: c.,drEdcT roc 1199 fart 4 = RIGHT OF WAY CONVEYANCE , : l' ; tcotow�col . . . Pee sal l.rnrldw.Ya al se nrrnr ay l r na7 CentsX ma ad j Y: Ia ash rod d PP.Ere m.ereerd set a- ag a haaal.r b.peal r der dins W ha td memos►adashr act 1 — Tardaa btlt it anal L -.— — hminhar e.0d peat*.,de harby es.sy ad~rem a WYCO PIPE LINE COMPANY,. Delos,. corporation,S assist*and wit.. hennaing called• distil{hl he lay. merman,lisps, operas, spies, chums to onion • pip. list for dui sin apta' Uwe al all.seam a sha Vsd was eMd um minas r salsa{a In d by town.en,and nilw th, nh the following described !end, owned NS their t Earnfl Mr appear of regard In is b said puns I.Set Cora*d _ Et a.._.__._.._.._.__.._ Stara id Colu bas u dsasb.d a falbwe • • ltit in* . i.cu... 14. Township... W . RA"' ...GUT! towhee with the risk,sal mars and sten m rd from W hod foe any W all p.upw* *memory or modem to ii.< e.t,,,se id me mhos husky ginned. Said puts.sea to pay the mmeadormicm eons road a Veleta Th.moo of T dos And.No1100 . . . . . . - — a D.Wre(6..._.._10.00 ........).,pan the execution heed. ;mops ul which a hereby.rkm,.Iadpd. The balance due under du reins hams/r la paid alias r wawa a any a al dem or by depositing ad aura to ..edit of era mamas.or any one of tda la the C.LESl.Ott. bd.1..Luscponta Colorado alter ur.tr Am been made and rove d r.V W. has rs bee ebliaSS --- •rd bdru.sdhsursb. •cusnen.d. Grantors,upon the froths( ermaidormicos .d 0.. Dols ({1.001 a head paid,inapt d salad. a hadsy acknowledged. bitchy ci and stint to idgrua.., saielain,florae, Saps, replace. dhanaa y additional pipe her r lit. trydctdII.rh, alum d< ol�anr previously nm.unmtd lime r�Iv Yh. \ eab.ae y lath, sad lorwe.cl additional line cuntrutod hrs. Ned ender.mid menus.pew to pay the further no d_eassx C Dta Per aananarn —n---en, such p.ycem to he made on m helm,the time al the COMIlleaCt pipe pIp. Ma Ir d .d alp cane sad line a knee ia like mums; m herein prorddd fix the paymon .4 the consideration for the original a reran, It is agreed that in the even, d s inn fails to canal n lb d M al said line on e J .,r lint coin ence unuorn Arms on ul the As within tan 1131 month.from the orn hed,41 nlhu hereby grimed.lull team anddacnnitot Any rinpe line r tin consorted .y mid grr w kaeuda Sall,a the time d the u theme, to buried in much dgnl u ell ...tricot twn h the cubnumn d the f...,the d which,ably m the Oahu Amonneu and, u J to .nmu,,. Gents .anew to pa any damsel rued by gr.mni operation henwda r is posseenu now ad land, and to gro.mt r p, anncs gth berm, and nce k e .tams qt ilt Th. sent diei wood and selected cannoton anon .m un ..I nth Jos e. f endthe t dull h twddetermined meal sire t p e by r,.ntm.,i. by snotty,and the third by the too w rivaled sal the written award el tuck.thin peon.shall la Gn.l and cundwum. It ii steed that the tams.condition and pewhlw Wool shell steed to and be binding upon the hum.. ueu t n, .donnmsi,�,. personal repossess.. nacres 'and angry. d des d pas bane. i . IN�� pea WITNESS WHEREOF, the .ae ►m s ra Sys h m to LLB Seat send swab dram ._.... ._der d.../u u--. IP Y./? Signed sad d lead Ca }alt _ ••••f,real n rt - !=.Y2�^'+ ./. on .— .._ I ,� .�C.,..—_i'��.t — ""� ,. ',in• -.0...r 'p.., f 0Eida 'PA- Y i ; S „ - a 930567 °p°K 0711JAN 2 0 7976 / • Ree No. 16'75275 S. Lee Sholme, Jr., I e. -I GRANT OF EASEMENT FOR AND IN CONSIDERATION of the payment of Ten and No/100 ($10.00) dollars, and other valuable consideration, receipt whereof is hereby acknowledged, the undersigned hereby grant unto Darlene L. Wilson and to her heirs, succesors and assigns, an easement for the maintenance and repair of a leaching field over and across the following described property: _ J Beginning at the Southwest corner of the Northwest quarter (NW}) of Section fourteen (14), Township two (2 ) North, Range sixty- : eight (66) West of the 6th P. M., thence North 00° 05' West 1366.8 feet to the true point of beginning; thence continuing North 00° 05' West sixty (60) feet; thence Southeasterly to a point which lies for.y-five (45) feet East of the true point of beginning; thence West forty-five (45) feet to the true point of beginning. Dated this 29th day of August , 1975. G //t i 1>, STATE OF COLORADO) ss. COUNTY OF BOULDER) The foregoing instrument was acknowledged before me this day of August , 1975, by Reuben J. Befus and Patricia Eefus. -) T• A0 ARV''. ' : r 154.- %'•^ My commission expires December 21, 1977. • N•. PUR1_`.G WITNESS my hand and official seal.ni.JQ 930567 tsEJ th Recorded at_In_ S)p_o'cicci Rec. No. ._:11016.811.Mary Ann FevenaNn, Recorder RIGHT-OF-WAY GRANT KNOW ALL MEN BY THESE PRESENTS, that REUBEN J. BEFUS and PATRICIA J. BEFUS, Husband and Wife, of the Post Office of Longmont , in the State of _Colorado, hereinafter referred to as "Grantor" (whether one or more), in consideration of One ($1.00) Dollar, to them, in hand paid, receipt of which is hereby acknowledged, and the further consideration of $15.00 per linear rod, to be paid before the pipe line hereinafter specified is laid do hereby grant and convey unto PANHANDLE EASTERN PIPE LINE COMPANY, a Dela- ware Corporation, having an office in Kansas City, Missouri, its successors . and assigns, hereinafter referred to as "Grantee," a Right-of-Way to lay, ' construct, maintain, lower, inspect, repair,-operate, and remove a pipe line and all appurtenances convenient for the maintenance and operation of said line and for the transportation of oil, gas, or other substances therein, under the premises hereafter described in the County of Weld in the State of Colorado, to-wit: That part of the East Half of the West Half of the Northwest Quarter of Section 14, Township 2 North, Range 68 West, Weld County, Colorado, more particularly described as a strip of land 50.00 feet in width, the centerline of which is described as follows: Beginning at a point on the South line of said Northwest Quar- ter, said point being North 90 Degrees 00 Minutes 00 Seconds East on an assumed bearing a distance of 1283.81 feet from the Southwest corner of said Northwest Quarter; thence North 00 Degrees 25 Minutes 03 Seconds West for a distance of 2659.40 feet to a point on the North line of said Northwest Quarter, said point being South 89 Degrees 55 Minutes 24 Seconds East a distance of 1278.13 feet from the Northwest corner of said Northwest Quarter. TO HAVE AND TO HOLD said easements, rights, and right-of-way unto the said PANHANDLE EASTERN PIPE LINE COMPANY, its successors and assigns. All pipe installed hereunder shall be buried a minimum of forty-two (42") inches. Grantor shall not place anything over or so close to any pipe line or other facility of Grantee as will be likely to interfere with Gran- tee's access thereto by use of equipment or means customarily employed in the maintenance of pipe line nor intentionally cause the original cover over any pipe line to be reduced below whichever is the greater of a 930567 `,``4780 i'2U.zti�o 141 -minimum cover of two (2) feet or below the minimum cover required at any time by any applicable pipe line safety code. All damage to growing crops, drainage tile, fences, irrigation ditches, buildings and roadways of Grantor occasioned by the construction or repair of any of the facilities herein authorized to be maintained and operated by Grantee shall be paid by Grantee after damage is done. Grantee agrees that should a crop deficiency occur as a result of the con- struction of said pipeline the Grantee will pay such deficiency each year it exists for a period not to exceed three (3) years, commencing with the crop of 1977; provided, however, Grantors or their tenant notifies Grantee in writing, at the local field office, at least fourteen (14) days prior to harvesting said crop in order that Grantee's agent may view said a crop deficiency. Grantee shall maintain the pipeline and fill all ruts, holes, or sunken backfill caused by the construction or maintenance of the pipeline. Grantee also agrees that should Grantor be unable to irrigate across ditch line due to construction it will pay for crop deficiency on lower end of field. It is agreed and understood that Grantor will make reasonable effort to establish water flow across said ditch line. Grantee agrees to separate the top soil from any gravel, or subsoil, and to restore said top soil to as near its original condition as nearly as practicable as it existed prior to construction of said pipeline. further consideration for the execution of this Grant, Grantee shall compact backfill over the ditch by water packing same, provided, however, Grantors or its tenant will supply water in ditch at a point designated by Grantee, its contractor or agents, to water pack said ditch line. Ingress and egress shall be confined to the above described right-of-way. In exercising the rights provided hereunder, Grantee shall make reasonable efforts to contact Grantor prior to entering the above described property for any purpose unless an emergency exists whereby such contact cannot reasonably be made. Nothing herein shall be construed as permission to Grantee or to anyone acting by, through or under Grantee, to cross other 930567 1701680 qt.? . lands of Grantor, other than for ingress and egress as approved by Grantor, which approval shall not be unreasonably withheld. ALL facilities installed hereunder shall be underground except pipe line markers and test leads which may be installed at property lines and fences only. - Oil spills or oil scattered on the above described land by Grantee shall be considered to be permanent, total and complete loss by Grantor of said land and will be paid for as a penalty by Grantee at a rate of $3,000.00 per acre, or fractions thereof, which shall be considered as total com- pensation for the value of the land including damages sustained thereto. If Grantee should exercise any rights conveyed under terms of this ease-. ment, in future years, the obligations and responsibilities assumed here- under shall continue to apply. Payment of damages for initial operation shall not constitute damaee pay- ment for future operations. Payment of all moneys becoming due hereunder may be paid to REUBEN J. BEFUS AND PATRICIA J. BEFUS, 9536 I-25 Access Rd. E, Longmont, Colorado This Grant shall be binding upon the heirs, executors, administrators, successors, and assigns, of the parties hereto, and it is understood that this Grant cannot be changed in any way except in writing, signed by the Grantor, and a duly authorized agent of the Crantcc. IN WITNESS WHEREOF, the Grantors have hereunto set their hands and seals on the 17th day of September A.D. , 1976 ,,(a REUBEN J. BEFUS a ' gt etc_e -i_ PATRICIA J. FUS /' STATE OF COLORADO ) ss. ,'tib ..'ODUNTY OF held ) a : t •;w .41.. \\OTAiriipi.t.Foregoing instrument was acknowledged before me this 17th , day of e O JH /Jon t ceS. tember 19 76 , by REUBEN J. BEFUS and PATRICIA J. ....RgFUs, Husband and Wife. OF..cC t'. nit,,i pc, 'OT /AR1 PUBLIC Esther E. Ware My Commission Expires: January 7, 1:177 93056''7 L9SOC6 • • • _ J W N N cl LO u p. r�; i z N g ii C 5 M— H .n ,� cl _4 m W ~ r < ~ E J ea 0 p Y O.: "Y{ m H p 3 - 5, o W O V ,_ •?`\\ 7 6 U O V O Q ] `" V f+ v w - r zc.C <t — a CI Li I z a . — z '1 H P. 0991".!.s Recorded of /o1_ ,JUN4 1979 BOOK 8 0 Rec.No. 17924%3 //.. •at/6t+�1^' State of Colorado, Weld County Clerk & Recorder GRANT OF EASEMENT FOR AND IN CONSIDERATION of the payment of One Dollar ($1.00) ana other good and valuable consideration, receipt whereof is hereby acknowledged, the undersigned does hereby grant unto JAMES T. WESTERVELT, JR. , and CAROLYN SUE WESTERVELT, as joint tenants, and to their heirs, successors, and assigns , an easement for the maintenance and repair of a leaching field over, across , and under the following described property: Beginning at the Southwest corner of the Northwest Quarter of Section 14, Township 2 North, Range 68 West of the 6th P.M. , thence North OG'05' West 1366. 8 feet; thence North 89°55' East 50.0 feet to the True Point of Beginning; thence North 00°05' West 60.0 feet; thence Southeasterly to a point which lies 45 feet East of the True Point of Beginning; thence West 45 feet to the True Point of Beginning. DATED the /711day of / (c , 1979. • AIL; 1--. 7g eft. B s Vu : . a �/ Patricia J. efus STATE OF COLORADO ) ) ss. COUNTY OF /C4FLO ) "�•�...A'1 Subscribed ppd sworn to before me by Reuben J. Befus ` fli.s 4.(t/1..,:day of /l..,/ 1:77.-4,4c 1979. f %,/ ••.rj1y, commission/expires: T we 7 /Aft, 1" k0TAR t r / / •, Notary Public i ne ct, STATE OF COLORADO ) ) ss. COUNTY OF -"&t A ) Subscribed and worn to before me by Patricia J. Befus this //1rA day of �1�� , 9-37";-,‹ /�/� My commission a Tres: 7 Notary Public `\GTA� u• %-O-<r_ • � e : 930567 s -- !Sett :leg,S.Vtraitlfej,:lir., R 1051 •R. 0199057b'412/03/84'�13 5t?. :: $. 0 1/002 81990576. L;pt F 0590 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO WARRANTY DEED II TIISDEED Slade this 26th day.of November S:cle DDcur::n cry f:^ 19 �4 ,between ooze...1!FC U..19�.. JAMES T:''.WESTERVELT JR. and, $ nr1kAROLYN-SUE-S(c,A,T)F,?VELT . and L — - J�` Stale of Colorado.grantor.and RODNEY R:` MCDANIEL-, and Ma ERNESTINE MCDANIEL , %haw legal address is 9762 1-25 Access Road East gLongmont, CO 8050! of the County or - Boulder and Slalc td Colorado,gtantccc r •\ WITNESS.that he grantor.for and in consideration Idihe man *** ($95. 000. 00) "` ixiL1.ARS. the receipt and sufficiency of which i.hereby a.knralrdged.has panted.bargained.sold and um,ned.and by the pie cnt.J•ct, grant.bargain.sell.come)and confirm unto the grantees.then beds and assigns linnet,nit in tenons y m o mitium.but in h aim tens y. all the teal property.together with Imprinements.if any.situate.I)mg and he mg in the C'•,unn •d • Weld and State of Colman.Jew shed a.hulh... •_� (complete legal description attached reverse side) • °"'Ah -9762 1-25 Access Road East al.ukn•ran by spent and number a. Longmont. CO 80501 if N;LIII ER woh all and singular the hereditament.and appurtenance.Men-unto Iel•mgttig.•n in any,i,....;tetlatittnj a::d aim re.er.0 to and rmcr.nms,remainder and trnutnJet..rent.,issues and pndn,thereof.ant all the coats%right.mle.mtcrc.L.Lrm no.: demand xtaL.•ov of the grantor.elder in law or equity.of.in and 1a the aline bargained prcnn.e., .n4 the hcncdnan,ctu...c.t appurtenant.. 1f l II.cVE A s1)71)1101.11 the said premise,a!ne bargained and•kv nhd.w rah the a;....ncron.c..moo dm gten:cc..the::hen, andassigns Lance And the granto&for himself.his beits and lers•mat reprc.ettati'c..d,s's,•nenar•t a rand ,'.tram at,!ai:ve t.•and with tin prancer,.their hens and assign..that at the time of the cn.eatmg and ddnc n••t pm,e proven,lot t,a CI I.e✓c•!•d om pet n.i... at..rte am,ned.has p•W.sure.petted.absolute and tnklcavhk estate td mh•waos e.ui lax.in tee.duple.and has p.st tel t p Fact and lax lul autMrs it,to pant.bargain.,c11 and eon,cy m.,ate In manner a:W bntn atne.ael.JIM!Ilia:ie.a raw arc Itee JIM:.Ic.C Iron all former and other grants.bargain.,ale,.len..Wes.a.sc,.venl,.ern unttran e•and testO.n•n.•d xhair C:Lint••t n .a.r.rr.ncepl general taxes for 1984 which grantees assume by reason of adjustment; except any easements, restrictions , covenants and reservations of record; and the aline bargained premises in the quiet and peacahk pin enlon of the grantees.the wet istr,d gem.their..sago.and UK.he.: and assigns of such sun not.against all and entry person or persons In lull)claiming or to slam ire s.h le it am pan Melo . -grantor hall andwdl WARRANT NJ Dli IN) The angular number shall in.lude the plmat.the plural the.mguln.al.: the use of any gentler shall to appltcahk In all genders. 1`1 K.IT1'I_SS K'IIERIQEah Au ctn.red this,deed on the date set bath h ab.ne G � )ct4 /• ��J a,V - 1 L41etn- s.Sa_,iC,1 tf•i�i+laf-- James T. Westervelt, Jr. Carolyn Sue Westervelt uca.mu wt MORAdovw Al -- STATE ('UIf 1H,\1Xl tla[7iL 10:1 ClCa att;tCAliov. THIS IN. t WA: ioui4D to et daC(ty..'ATI ,pip Lot et;r ptsOrOcW.pn.C r.tpyotcticti •. e1UV.[ OF RTC.ill it'.CAABO, G0.Pn0i0 (tinny of Boulder CCwL Ot$O[CkLD Pp'?LR. etc. • 11e foregoing instrument was alkM1N'edited before Inc in the County ul Boulder cnlmadtt.this they of November .N84 ,b. James T. Westervelt. Jr. Carolyn Sue Westervelt K nne.s nn hand and nllwal wool V)Cimtm,s nom e.pne. r, Do w IOTA s(vmycot(MncR N UMW 71.1985 o-< .f,-�G 2130MOUNTA1vVIlW AVC LOeor.MO`IT p` C COLORAU080301 -rn•eleart,.\Sref' a. , 330567 .:� Q 1+ Ery f+.,,,k4—a ..+a 21.,,;.' 3y 4'. `F3' :i: Le •`. T b 4k'7 _ o C a - a? 2_ I -; G y ?. _ Z _ • Y ' i • = _ I d Itri C 2. 1 a r -ALL'THAT PORTION OF THE WES: 1/2 OF THE NORTHWEST 1/4 OF SECTION 14, TOWNSHIP 2 NORTH, RANGE 68 WEST. CF THE 6TH P.M., DESCRIBED AS — FOLLOWS; -BEGINNING AT THE SOUTHWEST CORNER OF SAID NORTHWEST 1/4 OF SECTION 14; :HENCE NORTH 00 DEGREES 5 MINUTES WEST 1191.80 FEE: ALONG THE WEST LINE OF SAID NORTHWEST 1/4 OF SECTION 14; THENCE NORTH 89 DEGREES 55 MINUTES EAST 165 FEET TO :HE TRUE POINT OF BEGINNING; THENCE NORTH 00 DEGREES 5 MINUTES WEST 75.0 FEET PARALLEL TO THE WEST LINE OF SAID NORTHWEST 1/4; THENCE SOUTH 89 DEGREES 55 MINUTES WEST 115 FEET; THENCE NORTH 00 DEGREES 05 MINUTES WEST 59 FEET ALONG THE EAST RIGHT OF WAY LINE OF HIGHWAY NO. 87; THENCE NORTH 89 DEGREES 55 MINUTES EAST 249 FEET; THENCE SOUTH 00 DEGREES 05 MINUTES EAST 175.0 FEET PARALLEL TO AND 249.0 FEE: EAST OF THE RIGHT OF WAY LINE OF HIGHWAY NO. 87; THENCE SOUTH 89 DEGREES 55 MINUTES WES: 134 FEET TO :HE TRUE POINT OF BEGINNING, AND AN EASEMENT FOR :HE MAINTENANCE AND REPAIR CF A LEACHING FIELD OVER AND ACROSS :HE FOLLOWING DESCRIBED PROPERTY: BEGINNING AT THE SOUTHWEST CORNER OF THE NORTHWEST 1/4 OF SECTION 14, TOWNSHIP 2 NORTH, RANGE 63 WEST OF THE 6TH P.M.; THENCE NORTH 00 DEGREES 05 MINUTES WEST 1355.8 FEET; :HENCE NORTH 89 DEGREES 55 MINUTES EAST 50.0 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY OF STATE HIGHWAY NO. 87 AS THE :RUE POINT OF BEGINNING; THENCE NORTH 00 DEGREES 05 MINUTES WEST PARALLEL WITH :HE RIGHT OF WAY OF STATE HIGHWAY NO. 67 A DISTANCE OF 60.0 FEET; THENCE SOUTHEASTERLY :0 A POINT WHICH LIES 45 FEET EAST OF THE TRUE POINT OF BEGINNING; THENCE SOUTH 89 DEGREES 55 MINUTES WEST 45 FEET :0'HE TRUE POINT OF BEGINNING; COUNTY OF WELD, STATE OF COLORADO. • B 1051 R.EC 01990576 12/03/84 13:56 46.00 2/002 F 0591 MARY ANN FEUERSTEIN CLERK E RECORDER WELD CO, CO • r, r: 930567 ,i7 COUNTY OF WELD, STATE OF COLORADO , ROAD-IMPROVEMENTS-AND MAINTENANCE AGREEMENT i. THIS -ACREEMENT, made and entered into this 2l0 7N day _o-f (,7Lyy , M7a 1929, by and between the COUNTY OF WELD, STATE OF COLORADO, hereinafter called o Ha "County" and TEL CAHINO CENTER PARTNERSHIP, hereinafter called "DCCP". '"^' w a N a t` WHEREAS, DCCP has applied to the County for a PUD Plan, Case No. 5-300, for an industrial park development located-in the Wei of the NWk, Section 14, d i T2N, R68W-of the 6th P.H., Weld-County, Colorado and 'eli 0 • -ton: WHEREAS, the development will increase traffic on County Road 22, and 4Pc;', '- J WHEREAS, the County Commissioners have requested the paving M of a portion N of Weld County Road 22, - c; J • o NOW, THEREFORE, in consideration of.the mutual convenants and conditions N o m hereinafter set forth, the Counth and DCCP mutually agree as follows: H a z Z J A. To_execute an agreement-pursuant•to the.Weld •County-Policy Regarding rt oo _Collateral for Improvements prior to.the initiation o-f any development r'v' • activiites in the Del Camino Center PUD which shall include provisions M F, as -follows: a 1. Access onto Weld County Road 22 from the property shall be limited W w to three, two of which may.be shared accesses. r ttr • o 5' 2. DCCP agrees to pay 37% of the total improvement costs for Weld County „• !s -toad 22. The total improvement costs are currently estimated to be 7i 0 t $51,000 by the County. DCCP'a share of the improvements is based m o i upon'a projected-traffic count of 38.3 trips/acre on the property t% o f adjacent to Weld County Road 22. 0 i 3. Weld County-toad 22 shall be.improved from DCCP's East property line o" west to the existing pavement at the intersection of Wald County o Road 22 and the I-25 frontage road. The improvements shall consist n co of a 3 inch thick by 24 foot.wide-hot bituminous asphault with (2) 6 foot vide shoulders. the•base course shall be 10 inches thick and shall be Highway Class 6 aggregate. 4. DCCP, through.the paving contractor yet to be named, will warranty • and maintain the improved portion of.-Weld County Road 22 for a period of one year, after such-time the County shall fie responsible for maintenance. 5-qOa,9 930567 1 5. All construction and materials shall be in accordance with ' the State Department ot-Highways, Division of Highways, State of Colorado, Standard Specifications for Road and Bridge Construction, latest edition. ca ts 6. The County will provide _testing and inspection for the a construction, a • wa W G 7. No lots shall be platted or sold _that access-Weld County Road 22 until such _time that the above mentioned portion of Weld fl County-Road 22 is improved. K B. DCCP agrees to-participate in a Local Improvement District-pursuant Z co to TRS 530-20-601 xt seq. in the event one is established to fund the improvements to Weld County Road 12 provided that the projected '^ assessment is equal to or less than the-estimated coat of improve- ments in Paragraph A. In the event a Local Improvement District 1s y o established, DCCP shall not be required to enter into the agreement M set forth in Paragraph A. DCCP shall agree to pay whatever amount +. o is assessed according to the benefit to-the property by the Local Z Improvement District•which is currently estimated at $18,870.00 r: cc subject to the limitation state herein. C. "Development Activities" include any construction, or issuance of building permits. a .. D. Parties agree that this agreement shall constitute a covenant running with the land. IN WITNESS-WHEREOF, the parties hereto have.duly-executed the agreement the day and year first-above written. to DEL CAHINO CENTER PARTNERSHIP BOARD OF COUNTY COMMISSIONERS 0 C ON 4Y Title: ra�rtne / ON Title: BY: Edwin S. Kanemoto Title: General Partnerl ATTEST: Weld County Clerk and Recorder and Clerk to the Board By: 9301567 S 6 ;iiyy.;`: ..'.: INPROVEHENTS AGREEMENT ACCORDING POLICY REGARDING COLLATERAL 1.OR IMPROVEMENTS •. t `.- THIS AGREEHENT, -tads and entered into this 3�eday of July , ♦i • 1989 , by and between the County of Weld, State of Colorado, acting through j ?Yy.`4`: its Board of 'County Commissioners, hereinafter called "County", and •"` 1r ` EEL-(7t1x13 CEltR p i a hereinafter called �, , "Applicant". r ' PP1 . WITNESSETlit y „ aa. WHEREAS, applicant is the owner of mr has -a controlling_intermit in the :� ++, _s following described-ptbperty in the County of Weld, -Colorado; s'r4.1"rntit •``': M W li q P N , W A ` '. , .: yr 1;.;U co 9�4 -4 : WHEREAS, a final subdivision lac f saidm"' yt r p -property, to be known as 'o to oa ''r P LEL i'AMI10 CFStiER P.U.D. w ,. ..„- has been submitted to the County for 'approval; and • S m ' _ WHEREAS, Section 11-1 of the Weld tawny Subdivision Regulations ;42 -ip ¢ .. provides that no final plat shall be approved by the County -until the r-c; fk f r., • r:9' Applicant has eubmittyd-a Subdivision Tmprovwanf Agreement guaranteeing the 10_ ,, v: �ri{construction of the-public improvements show on plans, platsandsupportings~. ! ",,document-s of thesubdivision, which improvements, along with a time schedulea e4for completion, are listed Sn Exhibits "A" and "b" of thisAgreement, t. jt :P. .wNOW, T-HERETORE, IN'CONSIDERATION OTthe foregoingand -oftheacceptance ,iii.and approval of said final plat, the parties hereto prouise, -covenant and a ''_:.agree ■s follow' om) "7f1.0 EngineeringServices; Applicant shall furnish, at its own expense, all L s`rengineering services in-connection -with the designandconstruction of the subdivision improvements listed on Exhibit "A" which is attached o '15 4 hereto and tade a-part hereof by this reference. o `ra vi, 1.1 The required engineering services shall Se performed by a �_' Professional:Engineer and Send Surveyor registered in the State of cwt, t : 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 VA limited t gn o, surveys, 'lesia, plans and -profiles, estimates, , • `` ? i=? construction supervision, and the submission of neceasery documents to the County, • . li 1.3 Applicant shall furnish drawings -and _cost notimates for roads 'within the subdivision to the 'County for approval prior to the letting of any construction contract. Before acceptance of tilt: roads -within the -subdivision by the County, Applicant -shall E. furnish one set of reproducible "ae—built" drawings and a -final statement of construction coat to the County. 2.-0 RfRhts-of-Way and Easements' Before ootm,encing the construction of ony r-930.567 -930.567 improvsm,nt■ herein agreed upon. Applicant shall mcou(-r.. rr 1,^ '..,•- i."...- 01_, -cal-- a N expense, good and sufficient rights-of and -easements on all lands N o and facilities traversed by she proposed improvements. All such . r .f'`s';' rights-of-way and easements used -for the construction of roads so be ,&;..r) ,t,.7 accepted by the County shall be _conveyed to -the County and the ) w <.o,- " documents of conveyance shall be furnished to the-County for recording. T, .<`;y � ;: 3.0 Construction: Applicant shall furnish and instill, at its own expense, K teal it,. the subdivision improvements listed on Exhibit "A" which is ,attached z 5£'. hereto and..nadd .a. part hereof tyahi-s -reference; according to the ..--)o y: ts� construction schedule set out ih'.Exhibit '?H" also attached hereto and y 2 , .;1S made a part hereof by thin-reference. 0 , rm 3.1 Said construction shall be le strict conformance to the plans and to drawings approved by-the _County and -the 'specifications adopted by " ••• . ' y the County for much• public improvements. Whenever a subdivision aPI '''� is -proposed within three -miles cf- an incorporated toantnity SiY';• located 1n Weld County or located in any -_adjacent county, the d ,: to. , 45',' Applicant-shall be required to install improvements in accordance z O ,,o ' with the requirements and standards that would exist if the plat tom were developed-within the corporate limits of that -community. If o • S the' incorporated community has not adopted such requirements ead p N `' 4. K'standards at the time. the subdivision is proposed, the .: n,- • :Z., ,„ requirements and standards of the County shall +e adhered to. If O�' ' 1 both the incorporated community end•the County have. requirements ... and standards, those requirements and standards that are. more. 47, restrictive shall apply. .i:; 3.2 Applicant shall -employ, at Its own expense, a p qualified testing Y company previously approved SS '' P Y P �' by the -County to perform all toatSug h �'�r:. • ye, of•materials or construction that is required by- the -County; and 3 shall furnish copies of test results to the County. a " ^1`. 2 33 At all times during said construction, she _County shell have the {'�� right to seat and inspect or to require testing and inspection of 0 tE;; ; u material and work at Applicant's axpense,A Any material or work g <4. ' not conforming to the approved plans and ,specificationa shall be. �ti . removed and replaced to the satisfaction of the County -at ` . Applicant!. expense. • 4 , 3.4 The Applicant obeli furnish proof that g V. ;� : proper Arrangements have 'fit been made for the installation of sanitary sewer or septic g c systems, eater, gas, electric and telephone services. ' " 3.5 Said subdivision improvements shall he completed, according to the _ terms of this Agreement, within the constructi-on schedule e7. appearing in Exhibit "B". The Board of County -Commissioners, at !e. its option, may;rant an extension of the time -of -completion shown i.: . on Exhibit "-B" upon application by the Applicant subject to the R. terns of Section 6-herein. 4.0 Release of Liability- -Applicant shall indemnify -and -hold -harmless the County from any and ell -liability loss -and damage county may suffer an l. a _result of all suits, actions or claims of every nature and It' description caused by, arising from, Jar on account -of said design and construction of improvements, and pay any and all judgments rendered i ogainet the _County on account_of`any such suit, 'Inttnn (Jr ctefn• -930513;7 SIIL 26 '89 08:41 FEE . CO. FT C 840 Pt 6? ti3=• ,.n §Ir-: t?q I pp • * v„ together -with all reasonable expenses _and attorney foie incurred by County _in defending such suit, -action or claim'-whether the liability, ,. Joss or damage _is caused by, mr arises out-of the negligence of bounty or ire officers, Atlanta. employees or otherwise except for the `a liability, loess or dosage arising Iron the _intentional torte or the t ro rfik. grove negligence ct the County or its employees while dating within the o'° ocops-of their employment. All contrnctors and other employees engnned E• in cmutrutition• of•• the inprovstsnts shall•saintain adequate vurkadn'e 'yy4 0 ; f comp Son Snsuranos, and 4ubrlo liability insurance coverage, end 2 AI shall operate_in-atriet.:gccordance with'the lava-and regulations of the J a u4'1 'f . state of Color- do governing occupational safety and health. C-03 ' ti 5.0 Tnaaryoratinn qj' Provision-0f Road Zsarovement and Haintnnnnca gnn harsoaent: • .,. vowcc- FIO Provisi-ono A.l, through *,7, are hereby 3-noorporatsd by this z raleranas• as sat -forth heroin. . 0W • u�o A G 6ti4 in * - f'� tn., t49 ' O � rtV n O W ;.c ` O H • {:. • • • pK.. • tF•� F:- • • 930567 .., Y ' . Ith:, • 4. • ,l: Ni ,4c M to f: . O,•-• • ;:. AN N', 6Jo 1 J• ,yCOI is .4 o • K"`a _ 'yam'• r 2.4 . J chi: • t]U [4 N ik. tt a y m * • - H. H a 'L•--I n'. . .t . •[r Jam, N • • P u M MA A + o • •p A0 l,.i. . r c i O p . o a_ • 0.• off ,1. it I I:11 6.0 , with s following Procedures. by the Applicant, streets within a r; subdirie;on be'Jcaapted butte County-aa a;art of the County road ti, system and-will be ntained and repaired by the County.. F 6.1 1E -desired by the Co e portions oL styes! ieprorsnenta nsy be placed in Jetties when comp d according to the schedule ithoun on Exhibit "Is, but such use and bps on shall not conotitute an r acceptance of said portions, CC • l 6.2 County way, at Ito option, issue building pet-alto -construction $ on lots 'for which street iaprora,ents detailed herein b • Lain iaiu nll, 930567 1 ^w" F4 o the subdivision improvements in that phase of the development ₹y�fi' �r} le a tiafactory to the County' and all tarns of this Agreement i have be faithfully kept by Applicant. a'i 6.3 Upon cos etlon of the • construction of streets within a . 4 h•.ipt, subdivision nd the filing of a Stetosent of Substantial y" dpi ,. 1 Compliance, th applicant(,) may request in writing that the -lc l�yi '�°k': County Engineer i pact its streets -and recomtnd that the Board ^ of County Cosoeieeione a accept than for partial e�aintaoance by the ,.a ,, '+M c„a °. ; County. . Partial. maint ace consists of all maintenance except t a Y'�t'-14°. y,; • for actual , repair of it ate,. curbs••and gutters, and related street improvmaaco. Not ■oo r than nine months after also �, { ,` for ,partial.. acceptance n P l taintenance• of eft ate, the County Engineer shall, 0 upon equest by the applicant, in et the subject ■tzeata and w , � notify the • liana' a DP ( ) of any delis cite, S 'hhe County Engineer 4 "# shall re—inspect the streets after notification from the C 0 ' ^4f. applicent(s) that any. deficiencies have b n corrected. If the w o �'t.;_ County _Engineer finds 1j co '. .- that the streets -are c ,eructed -according tin f;;.. • to _County standards,. h• shall-recommend-accept• a of streets for Z ,we- :4 F a . full _maintenance. Upon a. receipt of a posit a unqualified rn co' ,.li( recommendation from the County E g p �`' �`'''�Engineer for_acceptant -of 'treats +• within -the development, the 'oerd'-of -County Cormiasion a shall ' ',.% �7 l'7.1-r: y proper , and � ' . accept said streets as public facilities and Count .w , ':ti}'t:. shall be responsible . for the lull salntenance' of said st is d ' 7.0 Central-naquiremente for Collateral" N 97,:m 0 1.. 7.1 The value -f all -collateral submitted to Held County must b ° o r equivalent to 1002 of the -reinof the improramrnte se shown in r 'chic-Agreement, Prior to find. pht-approval, the applicant ,hail u' �ITS*, , r indicate which of the fiva .types of collateral ha prefers to be ° 1.. 1 0 . '.y_ utilized to secure the improvements subject to final approval pproval by a. the Board of County Comissionera and• the -execution of this „.. Agreement. Accept-able collateral shall Abe submitted end the plat z. recorded within six (6) months -of the final Plat -approval. If - - ( ) months acceptable -collateral has not been submitted within six G ' then the final Plat approval and all preliminary apprdvais shall •automatically expire, An applicant may request that;the _County cc C.,',' . ixtend the Final list approval provided the cost estimates -are ≥: updated -and the development plans are revised;to comply with -ell 2' current County standards, policies and regulations. the = improvements shall be _completed -within -one (1) year -after the • final P1-at approval (not one year after acceptable collateral is submitted) unless the applicant(-) -request* that thin (lgreaoent`be renewed -at least thirty (30) days prior to its expiration and t{ further provides that. cost astitates for the remaining k improvements are updated and collateral is provided in the amount of 100% of the value of the improvements remaining to be r completed. If improvement' are note ompleted and the egraceGeat , not renewed within these time frames, the County, at its 930_567 • diecret-on, may make demand on all or a portion of the collateral and take ateps to see that the improvements are made. ,.7.2 The applicant may choose to provide for a phased development by means of designating portions of a Planned Unit Development, Subdivision, or Change of Zone, that the applicant wishes to Zls -: develop. The applicant would need only to provide collateral for {~ the improvements in each portion of said Planned Unit Development,• ;• Subdivision, or Change of Zone as he proposes to develop them; the N W f; i 'County will 'place restrictions on• those portions .of the Planned 21t ; Unit Development, Subdivision, or Change of Zone, which are not a da.o ,` covered by collateral vhich:will• prohibit the conveyance of the r, property or the Issuance of building permits on said portions K until collateral is provided for those portions ' or until• improvements are in place end approved pursuant to the N t, requirements for a Request for Release of Collateral. M `•'' 7.3 Applicant intends to develop in One c m pilule(*) in accordanea .P • with Exhibits "A" and "B". to t . Hm 8.0 Improvements Cuarantee, The five types of collateral listed below are 2� acceptable to Wald County -subject to final approval by the Board of p;„., County Commissioners. • Pq '8.1 An irrevocable Letter of Credit from a Federal or State licensed 0 t financial institution on a form approved, by Weld County. The z a latter of credit shall state at least the following: n - o � The Letter of Credit shall be in an amount equivalent of 100X o of the total value of the improvements as set forth in ' o ; Section 6.0 and exhibits "A" and "B". £ o . t o - The Letter of Credit shall provide for payment upon_demand to o Weld County if the developer has not performed the p m 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 100X of the estimated costa of completing the uncompleted portions of the required • improvements, based on•inapectioae 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, severs, water mains and landscaping, etc.). The issuer of the Letter of Credit will sign the Improvements Agreement acknowledging the agreement and its cost eetimatee, • — The Letter of Credit shall specify that 15Z 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 Crodit -shall be either the data of release by Weld County of the -final 15X, or one year free 930567 • the date of Final Flat approval, whichever. occurs first. Said letter shall stipulate that, in any event, the Letter of .H. 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 sant by certified mail to the Clerk to the Board of County Commissioners. w 'n a 8.2, trust Deed upon all or some of the proposed development or other >N• property acceptable to the:Board of..County. Conasiesionere provided that the following are submitted: 3j�r_ M - In the-avent property.within the proposed development is used x M, as collateral, an appraisal is .required of the property in Z7 r z co -, the proposed development .by a disinterested H.A.I. member of .1 ;4, z'? the American Institute of Real .Estate Appraisers indicating c No that the value of the property encumbered in its current t degree of development is sufficient to cover 1001 of the cost of the improvements ea at forth in the Improvements Agreement plus ill costa of sale of the property. riot c — In the event property other than the property to be developed has been accepted as _collateral b `' y Weld County, than an ,, .'.' appraisal is required' of the property by a H.A.I.• member of z a the Institute of Reel Estate Appraisers indicating 'that the' p r. value of the property encumbered in its currant state of'. o k development is sufficient to cover 1001 of the cost _of the o improvements as set forth-in the Improvements. Agreement plus t• • , all costs of sale of the property. o — A title insurance policy insuring that the Trust Deed crectea o a valid encumbrance which Ss senior to all other liens and 2 [ encumbrances. p• ,... — A building permit hold shall be -placed on the encumbered property. . 8.3 Escrow Agreement that provides at least the following: - The each 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 vill ha a Federal or State licensed bank or financial idstitution. If the County cf 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 th:. County. 8,4 A surety bond given by a corporate surety . authorised to do business in the State of Colorado in en -amount equivalent to I00I of the value of the improvementa as specified in the Improvements Agreement. 930567 8.5 A St it made with the County equivalent to 100Z of the value of the improvements. *` 9.0 !sanest for Release of Collateral: Prior to release of collateral for the entire project or for a portion of the project by Weld County, the An: Applicant must present a Statement of Substantial Compliance from an r.E Engineer registered in Colorado that the project or a portion of the g .project has been completed in substantial compliance with _approved .1,,,• , plane and specifications documenting the followings • 9.1 The En ineer• or 'g •his. representative has made regular on-cite 'I m „•- inspectioss during the coerce of construction-and the construction a ia N • • plans utilised are the same as those approved by•-weld County. -o 9.2 Test results must be submitted for all phases of this project ae En A• . per Colorado Department of Highway Schedule #or minimum materials K o Aev sampling, testing and inspections found in CDOS Materials Manual. z tv ° tt: 9.3 "As built" plans shall be submitted. at• the time the letter z m1.7 J requesting trines of collateral is•submitted. The Engineer shall a m ~ certify that the project "as built" is in substantial compliance y o .1..P.±. with the plans and specifications -as approved or that any material Ho deviations have received prior a to approval from the County Engineer.8:near. ZJ T 9.4 The Statements-of Substantial Compliance must be accompanied, if r.a no r, appropriate, by a letter of acceptance of maintenance and ,.. . responsibility by .the appropriate utility company, special a district or tow for any utilities. � • •9,5 A letter must be submitted from the appropriate Fire Authority o , 73 a to indicating the fire hydrants are in place in -accordance -with the • approved plans. H Tha letter shall indicate if the fire hydrants z _ ars operational and state the results of fire flow taste. 9.6 The requirement! in 8.0 thru 8.5 shall be noted on the final • O •construction plans. n 3' 9.1 Following the submittal of the Statement of Subatantial.Compliance o,, c . and recommendation of -acceptance of. the streets for partial o maintenance by the County, the applitant(s) may request release of ik' the collateral for the project or. portion of. the project by the StBoard. This action will be taken 4t a•regularly scheduled public meeting of the Board. • 9.8 The request for release of collateral shall be accompanied by € .1' "Warranty Collateral" in the amount of 10% of the value of the improvements as shown in this Agreement excluding nts fully accepted for maintenance -by the responsible governmen•tal ' improvements 5 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 Cormi-asionvrs for full 1• maintenance. b_ 10.0 Public Sites and Open Space!: When the. Board of County Cotmniealonere, pursuant to a rezoning, subdivision or planned unit development, r requires the dedication, development and/or reservation of areas or 1 site■ other than subdivision _streets and utility easements of a icharacter, extent and location imitable for public use far packs,' : greenbelts or schools, said actions shall be secured in scco rd trace 930567 842 F06/08 4 y;'` with one of the following alternatives, or as specified in the PUD plan, if 44 any: 10.1 The required acreage as may �' y be determined according to Section n 8-15-8 of the Weld County Subdivision Regulations shall be = {. dedicated to the County or the appropriate school district, Eck 'r one of the above purposes. Any area so dedicated shall be approved by the County or school district, and shall be maintained ' by the County or school district. • -11 10.2 The required acreage as determined according to Section -15-B of m m $ o.• the Weld -County Subdivision Regulations may _t y be reserved through sit ao FT deed restrictions as open area,; the. maintenance of which shall be. ...w .2 a specific obligation' in• the deed of �•• each lot within the 5 M :?', subdivision. K ,_� 0 10.3 In lieu of land, the County may require 'a payment a to the 5'ist County in '° i an amount equal to the market value at the time of final plat ty to Mv, a submission of the required acreage an determined according. to m o Section 8-1S-B. Such value shell be determined by a competent y m land O ro ti •• H o appraiser chosen jointly by the Soerd and the Applicant. She cash no r_ collected ♦hall be deposited in an escrow account to be expended ttu for parks at a later data. 11.0 Successor', end Assigns: This Agreement shall be binding upon the Qe Y i' Heirs, executors, personal representatives, suCceaeors•aad assigns of n> the Applicant, and upon recording by the County, shall be deemed •a. z -�` covenant -running with the land herein described, and shill be binding M c upon the successors in ownership of said land. o IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be. t o r ``i executed on the day and year first above written. E fr BOARD OP COUNTY•COM IISSIONERS O la t: WELD county, COLORADO o . 4.:t e /( l- Ar43TN:.y. •� fitt •• 2-- Weli! lo4nfy a;1t-fnd Recorder and a'h0 tto:1 help d . BS: / GGl/ty • _ Depot/ Cove er • . . ��AFPROVED AS TO�'ORHt •_ . . County Attorney •.`. ' te, • • APP • ( �•• 4. U , jJ' =.iii //YiG7LHZt - i C i J t Subaeiibed Qd s, ro to before ne• this y9. Hy connieslg9: piree: 6_./-q/ o��o jdey•af /.� ! 190 f ( , O 93056"' • • -.<41: .•E:O(IDIT "A" ' h Name of Subdivision! Pal Canino fhntar p (1.n. Filing= No. i }�) Location: )1411• ca,•tinr 14 TN, ucfaa of +ha S+h o M WalA n,m+yy, n-11n-11.0-at,ry Intending to be legally bound, the undersigned Applicant hereby agree ,.. to provide throughout this subdivision and as shown on the subdivision final plat dated 19 , recorded on a.A 19 , in book . page No. on No.Rece li u o _00,1 p . the yr.+_ following improvements. x • Er K o . (Leave spaces blank where they do not apply.) - ^' xm Estimated �' M ,n Improvements Unit Cost to " Construction•Cost M m Street grading 3,630 c.y. . $ 2.50 $ 9,075 H o • f Street base 10" 3,500 s.y. $ 4.25. $14,875 [7 Street paving 3" 3,500 s.y. $ 4,50 $15,750 N o Curbs, putters, and culverts 1 ea, $18.00 $ 1.800 n© h • Sidewalksr e �,.. Storm Sever facilities n/R [n Retention ponds n/n ,. s. Ditch improvements n/a > $ 1.600 °' xl Sub-surface drainage a rj Sanitary sewers "/s t: n/a •Trunk and forced lino o Mains >y/n Laterals (house conn) ^/p - M On-site Sewage facilities ^/" On-aita Water -supply and storage 'i° m o Haler ulna n/p t,o • Fire hydrants 1/41 • o Survsy 6 street monuments i boxes 'Lfa f7I- i Street lighting -lie o o *t,Ca o Street name signs Fencing requirements .,L, p,.. Landscaping p,/. Park improvements n/a • SUB-TOTAL • • 541 I nn Engineering and _Supervision Coats $8,800:00 . • (testing, _inspection, as-built plans and work in a dition to preliminary end final plat; -supervision of actual construction by contractors) TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION f 51 qnn nn The above improvements shall be constructed in accordance$19th ell. requirements and specifications, and conformance with this provision ell lshall'County • determined-solely by Weld County, or its duly authorised agent. Said improvements shell be completed ac n t • he�n otruction schedule set out in Exhibit "_S". • Signature of Applicant • (If corporation, to be signed by. President and attested to by' Secretary, together with corporate seal.) Date: , I9 __ 930567 t. EXHIBIT "B" Refer to A.7 in the Road Improvements and Maintenance Agreement Dated July 28; 1988. M O r+ F• a s S.ao �o y N w v t Mo ICo N O Ai f M\ . HO • O a • re ro >4a• • a P •- 714,3 M r. 0 M roy .t7 0 O O r O 0'- Or • \ a 930567 ? 'W2188568 ri i IMPROVEMENTS AGREEMENT ACCORDING POLICY REGARDING COLLATERAL FOR IMPROVEMENTS I t THIS AGREEMENT, made and entered into this 31st day of July 1989 by and between the County of Weld, State of Colorado, acting through i I its Board of County Commissioners, hereinafter called Count} "County", and Del Camino Center Partners hereinafter called "Applicant". i WITNESSETE: r WHEREAS, Applicant is the owner of or has a controlling interest in the following described property in the County of Weld, Colorado: i Exhibit "B" m0 .+0 0 4 '"0 WHEREAS, a final subdivision plat of said property, to be known as Del u 0 Camino Center P.U.D. has been submitted to the County for approval; and a 0 3 WHEREAS, Section 11-1 of the Weld County Subdivision Regulations c u: provides that no final plat shall be approved by the County until the yr w P Applicant has submitted a Subdivision Improvement Agreement guaranteeing the 0 construction of the public improvements shown on plans, plats and supporting `o N documents of the subdivision, which improvements, alcng with a time schedule,d `r for completion, are listed in Exhibits "A" and "B" of this Agreement. ..x o.a NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the acceptance ---0 and approval of said final plat, the parties hereto promise, covenant and In el W agree as follows: CO. 1.0 Engineering Services: Applicant shall furnish, at its own expense, all m engineering services in connection with the design and construction of in w the subdivision improvements listed on Exhibit "A" which is att-ached m '4 hereto and made a part hereof by this reference. o 1.1 The required _engineering services shall be performed by a Ua w Professional Engineer and Land Surveyor registered in the State of a Colorado, and shall conform to the standards and criteria I- H`r`° established by the Count N o y for public improvements. cork 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 net of reproducible "as-built"drawings and a final statement of construction cost to the County. 93056' 3 4 I 2.0 Rights-of-Way and Easements: Before commencing the construction of any improvements herein agreed upon, Applicant shall acquire, at its own 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 d accepted by the County shall be conveyed to the County and the A documents of conveyance shall be furnished to the County for recording. - 3.0 Construction: Applicant shall furnish and install, at its own expense, : k' the subdivision improvements listed on Exhibit "A" which is attached ,n o hereto and made a part hereof by this reference, according to the • f 3 .-, U o construction schedule set out in Exhibit "B" also attached hereto 3ncd i i `' aa made a part hereof by this reference. 4 a 3.1 Said construction shall be in strict conformance to the pions 1:m.,! 1 a -c. ,y drawings approved by the County and the specifications adopc 1 or:T.: the County for such public improvements. Whenever a subdivision Q le proposed within three miles of an incorporated community u located in Weld County or located in any adjacent county, the .o CVno Applicant shall be,required to install improvements in accordance ti with the requirements and standards that would exist if the plat w were developed within the corporate limits of that community. If 1 ma �mu the incorporated community has not adopted such requirements and NZ ''c standards at the time the subdivision is proposed, the ri �w o a requirements and standards of the County shall be adhered to. If co N both the incorporated community and the County have requirements I .o w 1 VI W and standards, those requirements and standards that are more co I ti R restrictive shall apply. o cc 3.2 Applicant shall employ, at its own expense, a qualified testing mg company previously approved by the County to perform all testing 1111; c-IN of materials or construction that is required by the County; and 1 c�N shall furnish copies of test results to the County. .-I° I o7 W 3.3 At all times during said construction, the County shall have the j right to test and inspect or to require testing and inspection of s material and work at Applicant's expense, after notification to t the Applicant. Any material or work not conforming to the i i approved plans and specifications shall be removed end replaced to i 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 930567 A I 1' s a result of all suits, actions or claims of every nature and h description caused by, arising from, or on account of said design and S construction of improvements, and pay any and all judgments rendered •' against the County on account of any such suit, action or claim, ` together with all reasonable expenses and attorney fees incurred by County in defending such suit, action or claim whether the liability, I 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 y scope of their employment. All contractors and other employees engaged iii ti O no in construction of the improvements shall maintain adequate workman's a 0 compensation insurance and public liability insurance coverage, and re 0shall operate in strict accordance with the laws and regulations of the o W State of Colorado governing occupational safety and health. o 5.0 Off-Site Improvements Reimbursement Procedure: The subdividet, co w cc applicant, or owner may be reimbursed for off-site road improvements as provided in this section when it has been determined by the Board of t O County Commissioners that the road facilities providing access to the ] 1toX raka + subdivision are not adequate in structural capacity, width, or .4.X functional classification to support the traffic requirements of the 1 j III uses of the subdivision. at r7`f 5.1 The subdivider, applicant, or owner shall enter into an off-site in { m I-1 improvements agreement prior to recording the final plat when the o z subdivider, applicant, or owner expects to receive reimbursement j 5 for part of the cost of the off-site improvements. I i co W 5.2 The off-site improvements agreement shall contain the following: .`°-iy The legal description of the property to be served. N .C 1 U N - The name of the owner(s) of the property to be served. - A description of the off-site improvements to be completed by ,y,^ the subdivider, applicant, or owner. P na N N - The total cost of the off-site improvements. N O ,qty - The total vehicular trips to be generated at build-out by the subdivision, or resubdivision, as specified by the ITE Trip • Generation Manual, or by special study approved by the Board of County Commissioners. - A time period for completion of the off-site. improvements. - The terms of reimbursement. - The current address of the person to be reimbursed during the term of the agreement. - Any off-site improvements agreement shall be made in conformance with the Weld County policy on collateral for improvements. 5.3 If the subdivider, applicant, or owner fails to comply with the improvements agreement, the opportunity to obtain reimbursement under this section is forfeited. 930567 qI 7 5.4 When it is determined by the Board of County Commissioners that k� t I vehicular traffic from a subdivision or resubdivision will use a road improvement constructed under an improvement agreement, the subsequent subdivider, applicant, or owner shall reimburse the original subdivider, applicant, or owner, for a portion of the original construction cost. In no event shall the original subdivider, applicant, or owner collect an amount which exceeds 1 the total costs of improvements less the pro rata share of the e total trip impacts generated by the original development. t Evidence that the original subdivider, applicant, or owner has t been reimbursed by the subsequent subdivider, applicant or owner el o shall be submitted to the Department of Planning Services prior to { i o J t recording the final subdivision or resubdivision plat.- '141 U 5.5 The amount of road improvement coat to be paid by the subsequent CI o N subdivider, applicant, or owner of a subdivision or resubdivision Ul O3: using the road Improvements constructed under a prior improvement l ti.paj agreement will be based upon a pro rata share of the total trip 03 impacts associated with the number and type ype of dwelling units and a3square footage and type of nonresidential developments intended to ';; VI use the road improvement. The amount of road improvement cost � I .i % shall also consider inflation as measured by the changes in the 1 a. m °j Colorado -Construction Cost Index used by the Colorado Division of Highways. The cost of road improvements may be paid by cash In t: '4f' contribution to the prior subdivider, applicant or -owner or by o ei ui further road improvements which benefit the prior subdivider, �� applicant, or owner's property. This decision shall be at the • o el In a, sole discretion of the Board of County Commissioners based upon ea • .`. ;% the need for further off-site road improvements. IN A, ›. 5.6 The report entitled TRIP GENERATION (Third Edition, 1982) of a1• the institute of Transportation Engineers shall normally be used ,y a. for calculating a reasonable pro rata share of the road eV la improvement construction costs for all subdivisions or -•C, q p, resubdivisions. A special transportation study shall be used for land uses not listed in the ITE Trip Generation Manual. Any question about the number of trips a subdivision or resubdivision will generate shall be decided by the County Engineer. 5.7 The term for which the subdivider, applicant, or owner is entitled to reimbursement under the off-site improvements agreement, entered into between the subdivider and the county, is ten years from the date of execution of a contract for road improvements. 5.8 This provision is not intended to create any cause of action against Weld County or its officers or employees by any subdivider, applicant, or owner for reimbursement, and in no way is Weld County to be considered a guarantor of the monies to be reimbursed by the subsequent subdividers, applicants, or owners. 6.0 All of Section 6 has been deleted. 930567 { tit 7.0 General Requirements for Collateral: 7.1 The value of all collateral submitted to Weld County must be 1 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 i the Board of County Commissioners and the execution of this Agreement. Acceptable collateral shall be submitted and the plat �-r 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 { rt O automatically expire. An applicant may request that the County 1� H extend the Final Plat approval provided the cost estimates are { U updated and the development plans are revised to comply with all ' .Q7 , current County standards, policies and regulations. The improvements shall be completed within one (1) year after the g Final Plat approval year P N.'A pp (not one after acceptable collateral is submitted) unless the applicant(s) requests that this Agreement be renewed at least thirty (30) days prior' co 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 CO `s completed. If improvements are not completed and the agreement z W not renewed within these time frames, the County, at 'its Wo y discretion, may make demand on all or a portion of the collateral and take steps to see that the improvements are made. co Ln w 7.2 The applicant may choose to provide for a phased development by m m z means of designating filings of a Planned Unit Development Plan or 0 Final Plat Subdivision. The applicant would heed only to provide N collateral for the improvements in each filing as approved. The County will place restrictions on those portions of the property H ut N N that are not covered by collateral which will prohibit the H conveyance of the property or the issuance of building permits until collateral is provided or until improvements are in place and approved pursuant to the requirements for a Request for Release of Collateral. 7.3 The applicant intends to develop in 3 phases(-s) in accordance with Exhibits "A" and "B". 8.0 Improvements Guarantee: The five types of collateral listed below are acceptable to Weld County subject to final approval by the Board of County Commissioners. . 8.1 An irrevocable Letter of Credit from a Federal or State licensed financial institution on a form approved by Weld County. The letter of credit shall state at least the following: The Letter of Credit shall be in an amount equivalent of 100% of the total value of the improvements as set forth in Section 6.0 and exhibits "A" and "B". 930567 I 1 - The Letter of Credit shall provide for payment upon demand to 1 Weld County if the developer has not performed the j - 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 1 accordance with the provisions of this policy. — The issuer of the Letter of Credit shall guarantee that at r' ! all times the unreleased portion of the Letter of Credit fj Ishall be equal to a minimum of 100% of the estimated costa of I completing the uncompleted portions of the required + • improvements, based on inspections of the development by the • '+U o issuer. In no case shall disbursement for a general %....O I improvement item exceed the cost estimate in the Improvements 0 i n Agreement (i.e., streets, sewers, water mains and 5 o call landscaping, etc.). The issuer of the Letter of Credit will o: O g sign the Improvements Agreement acknowledging the agreement ts Al 2 and its cost estimates. } U - The Letter of Credit shall specify that 15% of the total er a Letter of Credit amount cannot be drawn upon and will remain v b available to Weld County until released by Held County. H { w - The Letter of Credit shall specify that the date of proposed % w c..) expiration of the Letter of Credit shall be either the date ,j \w of release by Weld County of the final 15%, or one year from Ji CO F the date of Final Plat approval, whichever occurs first. I o y CC W Said letter shall stipulate that, in any event, the Letter of co a • w Credit shall remain in full force and effect until after the wt W CO •. z Board has received sixty (60) days written notice from the o NN Q issuer of the Letter of Credit of the pending expiration. O >" Said notice shall be sent by certified mail to the Clerk to i the Board of County Commissioners. .a a 8.2 Trust Deed upon all or some of the proposed development or other N N '-t o property acceptable to the Board of County Commissioners provided `it l` that the following are submitted: i — In the event property within the proposed development is used i as collateral, an appraisal is required of the property in the proposed development by a disinterested H.A.I. member of the American Institute of Real Estate Appraisers indicating that the value of the property encumbered in its current 1 degree of development is sufficient to cover 100% of the cost Iof the improvements as set forth in the Improvements I Agreement plus all costs of sale of the property. 1 — 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 H.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 - _ 930567 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 F t property. 1 s 8.3 Escrow Agreement that provides at least the following: — The cash in escrow is at least equal to 1002 of the amount ` specified in the Improvements Agreement. - The escrow agent guarantees that the escrowed funds will he E used for improvements as specified in the agreement and for no other purpose and will not release any portion of such en 0PA 0 funds without prior approval of the Board. r U - The escrow agent will be a Federal or State licensed bank or q financial institution. `x o 7.7 - If the County of Weld County determines there is a default of 0 1. a the Improvements Agreement, the escrow agent, upon request by 2 the County, shall release any remaining escrowed funds to the u County. N a surety 8.4 A bond given by a corporate surety authorized to do " 'a business in the State of Colorado in an amount equivalent to 1002 v .i CG 77 of the value of the improvements as specified in the Improvements ON 4 m on Z .i I i Agreement. 8.5 A cash deposit made with the County equivalent to 1002 of the CO [ value of the improvements. OM y a 9.0 Request for Release of Collateral: Prior to release of collateral for o w the entire project or for a portion of the project by Weld County, the 1 tist Applicant must present a Statement of Substantial Compliance from an o0 eC Engineer registered in Colorado that the project or a portion of the 0 U ii project has been completed in substantial compliance with approved a t plans and specifications documenting the following: i ef e 9.1 The Engineer or his represeutative has made regular on-site N CI r'o inspections during the course of construction and the construction I CO 7, plans utilized are the same as those approved by Weld County. j 9.2 Test results must be submitted for all phases of this project as per Colorado Department of Highway Schedule for minimum materiels I 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 pad responsibility by the appropriate utility company, special district or town for any utilities. 930567 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 bo noted on the final construction plans. 9.7 Following the submittal of the Statement of Substantial Compliance and positive recommendation by the County Engineer, 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 en 0 ti U "Warranty Collateral" in the amount of 10% of the valve of the o improvements as shown in this Agreement excluding improvements ro 0 o fully accepted for maintenance by the responsible P governmental ,. 0 w entity, special district or utility company. 0 3 9.9 The warranty collateral shall be released to the applicant upon r a } v0itka�j final acceptance by the Board of County Commissioners for full a F maintenance under Section 5.3 herein. -8p 10.0 Public Sites and Open Spaces: When the Board of County C i' e Commissioners, 'a pursuant to a rezoning, subdivision or planned unit development, .Pi ;d requires the dedication, development and/or reservation of areas or usites other than subdivision streets and utility easements of a N character, extent and location suitable for public use for parks, �{~j greenbelts or schools, said actions shall be secured in accordance . Wo a with one of the following alternatives, or as specified in the POD t co p plan, if any: i ig t W 10.1 The required acreage as may be determined according to Section . .0a 8-15-B of the Weld County Subdivision Regulations shall be ' ry 0 dedicated to the County or the appropriate school district, for N Cg one of the above purposes. Any area so dedicated shall be ,y m approved by the County or school district, and shall be maintained N c by the County or school district. W 10.2 The required acreage as determined according to Section 8-15-B of the Weld County Subdivision Regulations may be reserved through deed restrictions as open area, the maintenance of which shall bt a specific obligation in the deed of each lot within the subdivision. 10.3 In lieu of land, the County may require a payment to the County in an amount equal to the market value at the time of final plat submission oT the required acreage as determined according to Section 8-I5-B. Such value shall be determined by a competent land appraiser chosen jointly by the Board and the Applicant. The cash collected shall be deposited in an escrow account to be expended for parka at a later date. 930567 • I AUG 15 1989 EXHIBIT "A" PHASE I �l ___ a ,n r n + n m"z w Name of Subdivision: Del Camino Center P.U.D. � Filing: Number 1 Location: NW4, Section 14, T2N, R68W of the 6th P.M., Weld County,'CO Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout this subdivision and as shown on the subdivision final x plat dated , 19 , recorded on 19 , in Book , Page No. , Reception No. � ' , the following improvements. (Leave spaces blank where they do not apply.) - i` r _ Estimated Improvements Unit Cost Construction Cost rip o`� Street gradin g 9.fig1 FY rn O Street base $15,472 U Street paving 6,645 SY 54,785 n Curbs, gutters, and culverts 15,100 owSidewalks G 3 Storm Sever facilities 8,058 c x Retention ponds Ditch improvements 2 Sub-surface drainage U Sanitary sewers 8" PVC 1200 IF 10" PVC 526 28.243 N a Trunk and forced lines 6 manholes :-Mains eta a Laterals (house conn) " g On-site Sewage facilities aOn-site Water supply and storage oN co u Pater mains 18" DIP 801 TF b a" niP Rqi 1F 40 705 E N Z Fire hydrants b part t ei H Survey 6 street monuments 6 boxes m F Street lighting ` a Street Dame signs 500 I co Fencing requirements va w Landscaping ' )21 In co Park improvements co RI' 77 092 0 N W SUB-TOTAL a ,y o` Engineering and Supervision Costs 517 Rill Cr N (testing, inspection, as-built plans and work in addition to preliminary and ri o . final plat; supervision of actual construction by contractors) CAN TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $ $201,259 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 authorised agent. Said improvements shall be completed accord g to the co raction schedule set out in Exhibit "B". Signature of Applicant (If corporation, to be signed by, President and attested to by Secretary, together with corporate seal.) Date: , 19 9,30567 i :. 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 1 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. i. BOARD OF COUNTY COHHISSIONERS WELD COUNTY, COLORADO f/Q .,,Ak_ ATTESTyJC e15 :till Recorder ClO , , o and,Qe� • ' ..„, . oar$1.: . ., +3 00: RY: �• `"w Deputy unty le 2 J APPROVED S TO • ' e N a _ e County Attorney " ri 41 IICAhT• id .l on I-1 co U X • to w BY: 0 F (title) '{' o a /S{ �. Subscribed and sworn to before me this 4 day of �isee...i ` , 1912. , m My coWmisaion expires: 6../-9/ ict,%;''' ',C... • Aiu L!(/14.6 rid =o jOTAr ..qo • Notary Public p0s71 t o Yes- pi : 0003 / '� i � � / N N ''''HPu,na"' 1. el 0 ) • E 9630567 L+V:t fYllLt( SYi4'•� — ••.i+ _r ♦i+..r rL.. . .`' .-n�nWw.u•uL.•.u.Aaei.J.LYf. • • FXHTBIT "B" Owners: Del Camino Center Partnership LEGAL DESCRIPTION LOT B OF RECORDED EXEMPTION NO. 1313-14-2-RE1009, RECORDED MAY 14, 1987 IN BOOK 1156 AT RECEPTION NO. 2099770, A TRACT OF r 0 LAND LOCATED IN THE WEST HALF OF THE NORTHWEST QUARTER OF o O SECTION 14, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL .-ip MERIDIAN, WELD COUNTY, COLORADO. SAID TRACT OF LAND CONTAINS O 72.311 ACRES (PLAT 72.233 ACRES) , MORE OR LESS, AND IS SUBJECT TO A ANY RIGHTS-OF-WAY OR OTHER EASEMENTS AS GRANTED OR RESERVED BY ,>a INSTRUMENTS OF RECORD OR AS NOW EXISTING ON SAID TRACT OF LAND. 0 .n.w • O O O w a V 00 aJ in N W aF O N co ew in 44 fV ly an 0 O Aw 11 930567 • EXHIBIT "C" • gag/ . a FDenve./Eoulder 403S ort Corm PO sox 2127.2270 E.F:osoect•Ft.Conine CO 80.522•(303(493-8747 Ccbr000 r 4008 McCm4:Bap_Ste.205 Lo.is.:se.Co 80027.(303)466-7775 Springs:PA.Box 182.Cobr000 Bpgs,CO 80701.0182•(717)633-4713 June 1, 1989 Del Camino Center P.U.D. FINAL PLAN • CONSTRUCTION SCHEDULE: PHASE I el D .+ U • Phase Iconstruction will commence within 60 days of final rq u approval of subdivision. This phase will be completed within one year of commencement. a o Phase I construction will consist of the following: 2 w 1. Acceleration and deceleration lanes and turn lanes along the frontage road at the entrance to the subdivision. Culvert improvements as shown on drawings. 2. A 32' wide asphalt private drive extending to the east from 3-4 the park entrance at the frontage road with a 90' diameter graveled cul-de-sac. mu 3. Extension of the sewer service to service Phase I. (Sized to eventually service the balance of the project.) - Per :L drawings 0 of 4. Extension of the water main along the frontage road and m along the private drive to service Phase I. (Sized to eventually service the balance of the project.) — Per ck drawings mz • • .iz 5. Extension of electric service to initially service Phase I (and eventually service balance of the property.) CJK 1,:141 SC 6. Gas and telephone service to service Lot 1 with future , N extensions planned as needed for development of future lots. V r c 7. Construct drainage ditches to handle all site drainage w according to the drainage plan. incerely, J•mes J. a nan V. ce Pre id nt :eal Est•. Development JJN:csp red!ccxa!e? ",m'rt,r,reMr;....r:,,.•• fl••�..—.- 930567 ,1:11BAN( #SOUR-i LONGMyff 1O31DA AND VAIN P.O Box 1499 LONGMONT,COLORCO 80501 300-m-)000 M 0 n August 1, 1989 co 0 .-4u Cl a o pl 03 _ ti W Mr. Chuck Cunniliff a9 Weld County Planning Department O P.O. Box 459 WW Greeley, CO 80532 N a;- Dear Mr. Cunniliff: a, ,.- a1 According to your request this letter will verify that FirstBank of m v South Longmont, N.A. has reviewed.and ratified the terms of the In Improvements Agreement submitted by Del Camino Center Partnership. W This review is in conjunction with Letter of Credit No. 1064 pre- ▪ 41 viously submitted to Weld County for this project. o o to Please contact me if there are further questions or needs regarding °J this matter. oW tow c m Si cer y, cc: O U W 1 m B. Shoemake -+ r5 President Nr n N "1 WBS/ds .• o now crf 1u6 41989 lien to 9v,...°4 ;•'••••"4,. S30567 e d a\t/! ] n. %6 + .•Ltt: .2.44.;.L3.� S " %.,,t-...••:.:. °p' b l J . J r r ky R erg + (;i c . •.a.:mS.0. �..w++l—s.�. e:ua..•,....w:. '_S{:.,...e..A :w_,..... .. y3 ... .c.,-r o';. igiecbleogo EXEA1Prio*, 'sN01313-I4-2-REI00 oU 0 ti File # AR2091770 EnJ it,1540��t[, o NW enc. A We Cat o X IeC./6 •.. I.14 W t i� Wfr•NWM t w'lobe'oo• n4: JtC./!rtAfLtI L b rN. 1 { m a NN....re'''.Z0. I 1 . u,w r- i 4 'Nw NXF[aC. t r W �. —'\ 44,. III Pi..,. µ t �ar t r .... �'Jj �`\` /a rwrs nncii *,_.,• I II 1 o '^ +C • r CuI i o .. • w v rv0 r. CO' a v II I p t .a lc k;;. .Itl n F \ I i• N'' o rc c so.•.n..u.. e a w0 ru [ k..•. L...•rwuw a r+,: or W pl I ' o h' P w ii3pp ss N 'fie a X O • s[J[f•/••Jte' rn a r i. c 0,1YL•J/ $ te w h 1 LOT B LorA•�293Ae. •�� ';i, 5•L7 Z .I �. Lora•722331k.I 14 0,• 0 "� \ %; •••... !.La..•. rau•7IS1lAc. '� �d r � f0 w I tJJ.w y o i2i1 t srunw a .., i+, i ii o j y,iii Noo7f'et•w A n zw .��.%a ''w'L Nw;61; Soar ;awe o ] 0 •• i. %11:4fr WHY trifler J'S�:.: Mc.It I tJJ.N' 0 CC �Z 5t zy a�i l •Y •;[fj� a 0 in e. • 2 14 i ,t 84l of I .53.0.7e''t:it At, —A NfJYL7J•W %;fW ;PLOT et., �!'Sr i .n. r ttna u•'.` i 7 NOo rell-W I' {NIL' ?e I JIYfJLT'W /Jo.oce BO 7J.T./• eke I :iVf, Cie1K.µ r— SIF cat seL.is F1. L... in., l.t(.p Noi fat.etc.H. II v;.. I.•4. ' ova OP et•+i.+aet 41 Fi I or 1. S111 TN..L•t.J.$JM44, N1o.oe'w•. •-.M• r,1( I Mep YMSMTp N SHOWN. r. tTh rPifis loft !l Ir-1 � /01!1.00/00 Mite iHA T ^NA ,, tr .JYT`h, t [ 'r;� r•ra 'mfr L ° r I o-'.f" r 4 . it I 1 IL '4y. L•• Ht 930567 Ytti ,:".1-7,„,--nit-,-.7. r.-I^ YJEj"t, `•{S i,ky .. S` r�r+ �+,..,w�``y;Y•q�� .N.4F Jr`d.. e.1 ;ar'.; '.4} r�J Y � ty",,fir aftutS1, 'a'la fad a 11 .1` not �' ✓1:,,,--„,,,,,,,c,„...„0-.,,,-,,., 'y w+y,� If r� ..� tzEc 1op�a gxEMP-noN N2- -14= =RF 1 n(Q4 legal Description��'c/, O All that portion of the West half of the Northwest Quarte Section 14, 7 Township 2 North, Range 68 West of the 6th Principal Meridian, Weld County, ._ Colorado, being more particularly described as follows: Beginning at the Northeast corner of the West half of the Northwest quarter of F said Section 14 whence the North one-quarter corner bears North 90.00'00• East 0 O 131(`.50 feet; thence South 00'12'30' East 2658.81 feet to the Southeast corner of the West half of the Northwest quarter of said Section 14. whence the center \ o quarter corner of said Section 14 bears North 89'55'47' East 1301.48 feet; r u thence along the South line of said Northwest quarter South 89.55'47' West 900.98 feet; thence North 00.24.08' Nest 110.00 feet; thence South 89'55'47• r.;a West 400.50 feet to a point on the West line of said North-West quarter whence :,; mow the West one-quarter corner bears South 00'24'08' East 110.00 feet; thence along .( said West line North 00.24'08' West 1081.80 feet; thence North 89'35'52' East e a: 299.00 feet; thence North 00.24'08• West 175.00 feet; thence South 89.35'52' l h a West 299.00 feet to a point on the West line of said Northwest one-quarter; ��,r o thence North 00.24'08' West 1293.66 feet to the Northwest corner of said Section 'o 14; thence along the North line of the Northwest quarter of said Section 14 es' wiz North 90'00'00' East 1310.49 feet to the Point of Beginning containing 77.526 6 t,. acres more or less. x F:, cc m cou SURVEYOR'S CERTIFICATE ''f I m U [1y H I hereby certify that this plat was prepared under my supervision and is correct µ -.m to the best of my knowledge and belief. 4`i{��.� ,nF F m F ,1 �m ?,��i nw ar 02 ona ems, . . . '344; I 7e;:;,� .. rite m wm PROPERTY OWNER'S APPROVAL �`e. a= I, James T. Westervelt, Jr. and Carolyn Sue Westervelt being the sole owners in ft ' fee of the above described property do hereby subdivide the same as shown on the ^r— attached map. mw _ dames I. Westerr �A / e t, r. (!r�- a-mr.l}' aro yn' ue�tcrre ''t NOTARY :{ T e for going certiffutio was acknowledged before me this 15+L day of e � alp A.D., 198 , by James T. Westervelt, Jr. and Carolyn Sue j+• . tness my han and seal.• rq 1 11f1/fU ion Eaplres: ` , 6-11)11 /r- AotaryO pub�c/� /c., (/ n . The atetepanyIng plet Is accepted and approved for filing, u �1 •'� - tri `ys111�f-�( � r 'f 1C r oar"` f^C^L o; r''e'�'rin9 ery ces or �. The Y� fore'loinq certification was acknowledged before mle this 1`��a of y iI l% _.., A.D.. 19%1 . V i{.,,,• My Commission esoires• ._ --- w,_- a�. - Notary Public: (fit . a Witness my hand *d Seal ��`'-- .V ww "'n1K ___ . 930567 . 54:119 tf 1302 REG 022540/9 / 13:54 1/015 F 1166 MARY ANN FEUERSTi:IN CLERK L RECORDER WELD CO CO • COLORADO DEED OF TRUST THIS DEED OF TRUST is made as of the 19th day of June, 1991, by and between FRANK S. BIGELOW, whose address is 990 East Highway 119, Longmont, CO 80504 (hereinafter referred to as "Grantor"and the Public Trustee of the County of Weld, State of Colorado (hereinafter referred to as "Trustee") . WITNESSET H: WHEREAS, Grantor has executed one certain Promissory Note, dated of even date hereof, made payable to the order of-The Ohio National Life Insurance Company, whose address is 237 William Howard Taft Road, Cincinnati, Ohio 45219, Attn: Mr. Michael D. Stohler (hereinafter referred to as "Beneficiary") at the offices of United Mortgage Company, 1700 Broadway, Suite 2100, Denver, Colorado 80290, or at such other place as the holder thereof may designate in writing, for the principal sum of One Million One Hundred Seventy-Five Thousand and no/100 Dollars ($1, 175,000.00) with interest thereon as provided in said Promissory Note and having a maturity date of July 1, 1996 (hereinafter referred to as • "Promissory Note" or "Note") ; and WHEREAS, Grantor desires to secure the prompt payment of the Promissory Note, the repayment of any advances made pursuant to this Deed of Trust and prompt payment and performance of all obligations of Grantor under any instrument, document, or agreement relating to the indebtedness evidenced by the Promissory Note (collectively the "Loan Documents") . NOW, THEREFORE, in consideration of Ten and 00/100 Dollars ($10.00) and other good and valuable consideration and for the purpose aforesaid, Grantor hereby grants, bargains, sells and conveys unto Trustee in trust forever the real property located in the County of Weld, State of Colorado (the "Premises") , and more particularly described as follows: Lot 1 - DEL CAMINO CENTER P.U.D. According to the Plat thereof recorded August 2, 1989, in Book 1239 at Reception No. 2187026, Weld County, Colorado, and all of Grantor's right, title, and interest therein to secure the prompt payment of the Promissory Note, the prompt repayment of any advances made pursuant to this Deed of Trust, and the prompt payment and performance of all obligations of Grantor under any Loan Document. This Deed of Trust also includes and encumbers the following: (1) All buildings, improvements, tenements, easements, appurtenances now and/or at any time or times 930567 B 1302 REC 02254019 06/21/91 13:54 'i 75. 13/015 F 1178 MARY ANN FEUERSTE1N CLERK S RECORDER 1.) C , CO which may arise from or out of the use, storage or existence of any Hazardous Materials upon the Mortgaged Property or any portion thereof. -If at any time it is determined that there are any Hazardous Materials located in, on, under, around, or above the Mortgaged Property which are subject to any federal, state or local envi- ronmental law, statute, ordinance or regulation, court or admin- istrative order or decree, or private agreement ("Environmental Requirements") , including Environmental Requirements requiring special handling of Hazardous Materials in their use, handling, collection, storage, treatment or disposal, Grantor shall commence with diligence within thirty (30) days after receipt of notice of the presence of Hazardous Materials and shall continue to diligently take all appropriate action, at Grantor's sole expense, to comply with all Environmental Requirements. Failure of Grantor to comply with all Environmental Requirements shall constitute an Event of Default under this Loeed of Trust. The provisions and indemnity of this Section 30 shall continue in full force and effect and shall survive any payoff of the indebtedness secured hereby or any release of this Deed of Trust of record or foreclosure hereof. IN WITNESS WHEREOF, Grantor has executed and delivered this Deed of Trust as of the day and year first above written. • Frank S. Bigelow STATE OF COLORADO ) -CITY AND ) ss. COUNTY OF DENVER The Foregoing instrument was acknowledged before me this 19th slay of June, 1991, by Frank S. Bigelow. WITNESS my hand and official seal. My commission expires 3/..1 i fs \; Notary Public i ' DEhr• k ,f 1��9rEOF.... -13- • • 93056'7 • LEGAL DESCRIPTION to the attached Certificate of Conveyances Parcel #1; The South 110 feet of the East 100 feet 6 inches of the West 400 feet 6 inches of the NW 1/4 of Section 14, Township 2 North, Range 68 West of the 6th P.M. , together with oil and gas lease, dated July 21, 1972 , between Marvin D. Glantz and Mary Jane Glantz, Lessor, and Fred C. Julander, Lessee, for a term of 1 year and as long thereafter as oil or gas of whatsoever nature or kind is produced from said leased premises or on acreage pooled therewith, or drilling operations are conducted, recorded August 4, 1972 in Book 673 under Reception No. 1595006, Weld County Records, and any and all assignments thereof or interests therein, together with the improvements thereon situate . Parcel #2 ; The South 110 feet of the West 300 feet of the NW 1/4 of Section 14 , Township 2 North, Range 68 West of the 6th P.M. , together with oil and gas lease, dated July 21, 1972, between Marvin D. Glantz and Mary Jane Glantz, Lessor, and Fred C. Julander, Lessee, for a term of 1 year and as long thereafter as oil or gas of whatsoever nature of kind is produced from said leased premises or on acreage pooled therewith, or drilling operations are conducted, recorded August 4, 1972 in Book 673 under Reception No. 1595006, Weld County Records, and any and all assignments thereof or interest therein, together with the improvements thereon situate . In W tnes Whereof, Commonwealth Land Title Insurance Company, has caul d this certificate to be sined by its proper officer this ,' day a of �- , 19 , at \ \ r� COMMONWEALTH LAND TITLE INSURANCE COMPANY 4 95 :2 15'33 ,.:, as5> \EEA\ TW001/002 itag Og P.O. Box 2127 2290 B. Prospect Fort Collins, CO 80525 (303)493-8747 (303)493-5869 FAX • FACSIMILE COVER LETTER • TO: C.Itmck C(alti4ftt, FAX #: *51-o470 Wad CowviS pLi.,,,,,n,, FROM: 64/O41 5kW . DATE: (24/244 lg“ RE: 4L{ Cs, wu Ckk fr v ?U.f +k,P,VMIi °mum acdesscs No. of pages (including cover letter): A COMMENTS: 'use. LetlitAL VAA.Aw 1'F itm K ti cvit. . tt,wtftcw APR 5 '93 08:49 303 493 5869 PAGE.001 930567 STATE OF COI1"-slADO CfRTIFIf Fir OF TAXES DUE S.S. dk COUNTY Of WELD I, the undersigned, County Treasurer in and for said County,do hereby certify that there are no unpaid taxes, or unredeemed tax sales,as appears of record in the office,on the following described property,to-wit: TR NO. ,, .. PARCEL �tJr1::.1..�t "..:I.:.: !.}....J) f..... ::3Wr11'NAI�I 2 68 BEG'(7 �y''7 r::: NAME •:'.; ':1.: :1.3:1.40000 7() R CUR SEC 1.4 6'891)35 ' W:1.31()- i 2 , . ::w ;:3:1.:`a�'.=�:1 .. •J1 Ti••IE::i'•I(: E:: ':: ,:: `�:( :.:�..� DEL CAN CENTER I I:::I PARTNER W40:I. ..:3'6 ' N73-!9 ' :3;`.0D24 'E 44 „96 ' THENCE Nt:39.04 6 ' VENDOR IA)'•.5!.5(?„.70 ' N1006„ :1:1. ' TO BE0( 1. ..r):t:'.li) NO. I.I••11::: NE:ENAN txli1E'ANY E XC.EPT.- Ht..... I-I Fir E N CO LOAD't I::.R C,:ON SI::.1•R.:V ANC Y :J.9�y2 TAXES DUE r' •- (62.1.3:1.,'::14000070 WOO) f �1 :3..f.t:3.. Jt� TOTAL... AMOUNT DUE FOR TTI-I:rS PARCEL. IS $106„ 52 •T Ax Au rI.•IuI: :I:.T.y. LEVY .1.AX 'TAX Al...IH0RI T•Y I...EVY TAX WELD D COUNTY 22..45x' 67..37 Sc::HOOI... DJ .... RRR?E.:::1. 5:1. .. :1.20 :15: ..3x' NC:W WATER :I. .,000 3„00 CWC WATER I...tiNONON 1 1- I RE 9,,•:':: :I. 2..V.. 1.9 r,-•1 VRA:I N SAN '29 {;.9 8`9-of CARBON VF'tl... REC 7..04:I. 2:I. „ :I. ' WELD I.......MAR J. „ 500 4..50 This does not Include land or improvements assessed separately unless specifically requested. Information regarding special taxing districts and the boundaries of such districts may be on file or deposit with the Board of County Commissioners,the County Clerk and Recorder, or the County Assessor. FRANCIS M. LOUSTALET TREASURER OF WELD COUNTY 9304,67 Ely_Q....5-_ _ d'- .1----re-!.. DEPUTY STATE OF COL nRADO CERTIFIC 'TE OF TAXES DUE S.S. �� COUNTY Dv WELD I, the undersigned, County Treasurer in and for said County,do hereby certify that there are no unpaid taxes,or unredeed tax sales,as appears of record in the office,on the following described property,to-wit: TR NO. PARCEL 0°42°9° .. : 1 :Ut I LOT DEL—CC-1-1 I I ! - ! . I ! � I f:; ! ;. DEL L::."d'IIIUO CENTER RUC) NAME 1 ,1. i 1411000 00:1. I:: t,Y 4 1 SEEr:j d...Pi/ ! l . .: VENDOR NO. EXCEPT— :1¶10'20 ri^;;:....::i $45. 186.C54 TOTAL Af91 it I! I l Dlili. NSF THIS) PARCEL C ri . IS $45, 186.:J4 TAX AUTHORITY l LEVY TAX Tax: AU IHORITY LEVY TAX WELL' COUNTY 22.452 8260.81 ..i .l-!( q 1 .L s.: ! R".1 51 . 120 1I;...,n.+S„ 5Ci RCN WATER 1 .000 :367.85 :::bjf:; I;)(tll:i:l !_i!I !t.il•li ii l r F IRE: :I. I '. I nil SAN l! I AM AN l VA L. I�,I i. ri 5'l '.:. i. ;..:i b!I:a... I Li I,i. l._...,; 1 ;.li This does not include land or improvements assessed separately unless specifically requested. Information regarding special taxing districts and the boundaries of such districts may be on file or deposit with the Board of County Commissioners,the County Clerk and Recorder,or the County Assessor. FRANCIS M. LOUSTALET TREASURER OF WELD COUNTY By IL-C._ 5 I9 30S67 DEPUTY STATE OF COI^gADO S.S. C-ERTIFII TE OF TAXES DUE CA COUNTY at WELD I, the undersigned, County Treasurer in and for said County,do hereby certify that there are no unpaid taxes,or unredeemed tax sales,as appears of record in the office,on the following described property,to-wit: Tit NO. PARCEL `'�'f4"'" *' } DEI...••••c):: DEL CAM:I:NO CENTER PUD I :XC. L_:I. ELI...K1. CW LOT 4. NAME 62131314000000 R DEI... CAlYl:l:NO CENTER F UI) ( 1 .81R 1D) ) ;:)I:::I... CAlYla:i to CENTER PARTNER VENDOR NO. THE IE.: AII:::I:::l'•IAN c:c:lYlF'i°il;lY M/352 EXCEPT,— l TOTAL AMOUNT DUE FOR THIS PARCEL I._ IS $395.. 54 TAX AUTHORITY LEVY TAX TAX AUTHORITY LEVY TAX Lc11:;:I...D COUNTY 22..457 72.3:1. SCHOOL. I):I.S T I•+'I::.:i. 51...:1.20 161 .61 NOW WATER 1 .000 3.22 CWC WATER ...(. N •eM(:11••I..I. FIRE 9..7::a:l. ,:=.I. ..::i:: ST 4+FifI:LI'•t wryF'tN .c:.9..99r') ��:,:•. ;::..., CARSON VA1... REC 7.04:1. 22.,6"' WI"L..C) LIBRARY 1 . 500 4 This does not Include land or improvements assessed separately unless specifically requested. Information regarding special taxing districts and the boundaries of such districts may be on file or deposit with the Board of County Commissioners,the County Clerk and Recorder,or the County Assessor. MARCH 19.. :1.99:. FRANCIS M. LOUSTALET TREASURER OF WELD COUNTY ' By (-------\'51e-,-- ! Gr DEPUTY 930W7 • REFERRAL LIST • NAME: Del Camino Partnership, et al. CASE NUMBER: S.-3115.)0(12 REFERRALS SENT: April 8, 1993 REFERRALS TO BE RECEIVED BY: April 29, 1993 COUNTY TOWNS and CITIES X Attorney _Ault X Health Department Brighton Extension Service _Broomfield X Emergency Management Office Dacono X Sheriff's Office _Eaton X Engineering _Erie Housing Authority _Evans _Airport Authority _Firestone _Building Inspection Fort Lupton _Frederick STATE Garden City _Division of Water Resources Gilcrest _Geological Survey Greeley Department of Health Grover X Highway Department _Hudson Historical Society Johnstown Water Conservation Board _Keenesburg X Oil and Gas Conservation Commission _Kersey X Division of Wildlife La Salle FIRE DISTRICTS Lochbuie _Ault F-1 X Longmont _Berthoud F-2 Mead Briggsdale F-24 Milliken Brighton F-3 _New Raymer _Eaton F-4 _Northglenn _Fort Lupton F-5 Nunn Galeton F-6 _Platteville _Hudson F-7 _Severance _Johnstown F-8 _Thornton La Salle F-9 Windsor X Mountain View F-10 _Milliken F-11 COUNTIES _Nunn F-12 Adams Pawnee F-22 Boulder _Platteville F-13 _Larimer Platte Valley F-14 _Poudre Valley F-15 FEDERAL GOVERNMENT AGENCIES _Raymer F-2 US Army Corps of Engineers Southeast Weld F-16 _USDA-APHIS Veterinary Service _Windsor/Severance F-17 Federal Aviation Administration Wiggins F-18 Federal Communication Commission Western Hills F-20 SOIL CONSERVATION DISTRICTS OTHER _Brighton Central Colo. Water Conservancy Dist. _Fort Collins X Panhandle Eastern Pipe Line Co. Greeley X Tri-Area Planning Commission X Longmont X Godding Ditch Company _West Adams 4730 Weld County Road 22 Longmont, CO 80504 X Wyco Pipeline Company COMMISSION/BOARD MEMBER X Shirley Camenisch 930567 DEPARTMENT OF PLANNING SERVICES ' PHONE (303) 353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES WI IC. EY,140 N. ORAAVENUEO631 GREELEY, COLORADO80631 COLORADO April 7, 1993 CASE NUMBER: S-c3.2'63374, TO WHOM IT MAY CONCERN: Enclosed is an application from Del Camino Partnership, et al. , for an Amended Planned Unit Development Plan. The parcel of land is described as part of the W2 NW4 of Section 22, T2N, R68W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is the southeast corner of Weld County Road 22 and east I-25 Frontage Road. 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 April 21, 1993, so that we may give full consideration to your recommendation. Please call Chuck Cunliffe, Director, 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. VWe 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. eas ref to e : : t : loed let . Sign : sip E, Date: 3 2il OLrcrN I IIMAY 0 6 1993 9305w STATE OF COLORADO Roy Romer, Governor • REFER TO DEPARTMENT OF NATURAL RESOURCES DIVISION OF WILDLIFE d`4,��,.\°µ, AP EOuAL OPPORTUPITt EMPLOYER 3 ti Perry D. Olson, Director Jjo �4) 6060 Broadway 4'OF Denver, Colorado 80216 Telephone: (303) 297-1192 Danielle Stevens , District Wildlife Manager Lon Hagler S . W . A . u cal Vo, 4307 County Road 16E Loveland , CO 80d APR 2 7 1993 Department of Planning Services " ` • rinnnir" Weld County Admin . Services 1400 N . 17th Avenue Greeley, CO 80631 Re : Case Number S-1.3...2- 3(> To Whom It May concern : This letter is in response to the proposed amendment to the P . U . 0 from the Del Camino Partnership , Case number S-326 . I have examined the area as well as all of the information that was provided in the comment packet , and 1 find the following_ items to be vague and of some concern . In reference to the holding container described by Hauser Chemical for the waste coming from the building . Is this a covered container , or more of a holding pond? If it is an open water source , my concern is on its use by wildlife , and if any toxic effluent were to come out , that it may cause damage or death to any songbirds , waterfowl or other wildlife that may find it , and use it as a watering source . My recommendation would be to use a completely enclosed tank, or provide a cover for a pond that would prevent use by wildlife . Ground water is also of concern . The letter to Gadding Ditch Company from Hauser mentioned that there were no intentions of. intentional of accldcud.al spillage reaching the irrigation ditch . I would like to see the same considerations being made for the intermittent stream to the Fast or the Hauser building . This area has the most wildlife use in the area , and any compromise of its habitat would he detrimental . The large trees that are in the riparian area appear to be nesting sites for some birds , and shelter for other wildlife . If this is or will he considered for construction I would recommend that no construction take place around the area so as to affect its benefit to wildlife . Any disturbance that may take place should he revegetated with trees on a one to one basis ( one replaced for any one removed ) , and any ground that is disturbed , be reseeded with an appropriate mixture of mid to tall native grasses and legumes . DEPARTMENT OF NATURAL RESOURCES, Hamlet J. Barry. Executive Director WILDLIFE COMMISSION, George VanDenBerg, Chairman • Robert L. Freidenberger. Vice Chairman • William R. Hegberg. Secrera•, Eldon W. Cooper. Member • Rebecca L. Frank, Member • Dennis Luttrell, Member • Gene B. Peterson. Member • Larry M. Wright. Member 9430567 • Based on the plans for Del Camino , 1 see no problem with the landscaping . The buffet. areas between the roadways and housing will provide additional shelter Y �.,, ifdli_fe .li �we er that t ie landscaping utiii i use )1 would request of grasses , trees and shrubs . Water conservation; consery ation should specie incorporated into any front range development . Also , by avoiding the bluegrass species in the landscaping of this area , potential conflicts with Canada Geese foraging may be avoided . I appreciate you providing the Division an opportunity to comment on this proposal . 1 would be happy to meet with you , the developers , or the Planning Commission to discuss and questions -or comments . My hope is that this development if planned properly , can benefit wildlife as well as serve its designed purpose . Sincerely yours , 1 Danielle Stevens 1567 K N FRONT RAN. • K N Front Range Gathering Company 635 N.7th Ave. GATHERING COMPANY Brighton,CO 80601 �s7oes�m,aTroF� (303)659-5922 April 20, 1993 Weld County Colorado Department of Planning Services Mr. Chuck Cunliffe 1400 North 17th Avenue Greeley, Colorado 80631 Re: Case Number S-326 .5310 Gentlentn: We are in receipt of the application Ulm Del Camino Partnership et al, for an Anended Planned Unit Developnent Plan covering lands in the WzNW4 section 22, T2N, R68W. As successor in interest to Panhandle Eastern Pipe Line Conpany we have no objections to said emended plan as long as our existing pipe line easenent is honored. Should you have any questions please so advise. Sincerely, e D ley APR 2 2 1993 93056'7 (es Ctir: DEPARTMENT OF PLANNING SERVICES Will PHONE (303) 353-3845, EXT. 354C 2L. • -,Q} WELD COUNTY ADMINISTRATIVE OFFICES C. 1400 N. 17TH AVENUE GREELEY, COLORADO80631 COLORADO April 7, 1993 CASE NUMBER: S-2,1"6 3Yv TO WHOM IT MAY CONCERN: Enclosed is an application from Del Camino Partnership, et al. , for an Amended Planned Unit Development Plan. The parcel of land is described as part of the W2 NW4 of Section 22, T2N, R68W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is the southeast corner of Weld County Road 22 and east I-25 Frontage Road. 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 April 21, 1993, so that we may give full consideration to your recommendation. Please call Chuck Cunliffe, Director, 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-nw-c.unflicr i4-th s .intaret s 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please refer to the enclosed letter. / Signed: Alt..SGY�,I4 Agency: GI LCIJC1110117 Date: 4 Z6 Q2) r rgaNcll 2 8 1 nson 3O56� STATE OF COLORADO DEPARTMENT OF TRANSPORTATION � Region 4 _ 'OT 1420 2nd Street ,_[�Vi_I -- P.O.Box 850 Greeley,Colorado 80632-0850 Weld Co. , EFR I-25 (303)353-1232 Del Camino Partnership Amended PUD Plan 1 Mi. S. SH 119 S. of WCR 22, E. side April 21, 1993 Mr. Chuck Cunliffe, Director Dept. of Planning Services 1400 N. 1.7th Ave. Greeley CO 80631 Dear Chuck, We have reviewed the Del Camino Partnership Amended PUD Plan, and offer the following comments: ACCESS The Site Access Study appears to be reasonable, and the auxilary lane needs and dimensions are correct. It is important to note the following recommendations for the future: 1) re-evaluation of the conflicts at the Specialty Products driveway upon full-build out of the Del Camino Center (page 6) . 2) Auxilary lanes for the South Access when that access is designed (page 7) . 3) Paving of WCR 22 adjacent to Lots A and B upon their development (page 7) . PLANTINGS The 20 ' road buffer canopy trees and 50 ' road buffer trees shown on the Master Landscape Plan which border and abut the ROW shall be maintained so as not to impair sight distance at any highway access. Our comments are offered based upon the submittal as received April 12 , 1993 . Thank you for the opportunity to review the Del Camino Partnership Plan. If you have questions please contact me at 350-2163 . Sincerely, Tere G. Jones Region Developm t/Access Coordinator TGJ xc: D. Yost G. Sisson may ` file "I,( �L APR 2 3 1993 U , mgennin- mEmoRAnDum V I I Chuck Cunliffe To Weld County Planning Date April 21, 1993 COLORADO From John S. Pickle, M.S.E.H. , Director, Environmental Health Subject: Case Number: S-3-215.3342 Name: Del Camino Partnership Environmental Protection Services has reviewed this proposal; the following conditions are recommended to be part of any approval: 1. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 2. No permanent disposal of wastes shall be permitted at this site. 3. The Division requires that this facility utilize the existing municipal sewer treatment system. 4. The Division requires that this facility utilize existing public water supply. 5. All construction activities that disturb more than five (5) acres will be required to obtain a stormwater discharge permit from the Colorado Department of Health, Water Quality Control Division. JSP/cs-707 v c�1 APR 2 11993 93056'7 SI • • ,.\--- pito t ral DEPARTMENT OF PLANNING SERVICES PHONE(303)353-3845, EXT. 3540 I II B Ce f. f v V WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE GREELEY,EY, COLORADO 80631 Ih APR 2 u 1993 \I COLORADO . I . _...®,Annie• April 7, 1993 CASE NUMBER: S-x.2.633' 62 TO WHOM IT MAY CONCERN: Enclosed is an application from Del Camino Partnership, et al. , for an Amended Planned Unit Development Plan. The parcel of land is described as part of the W2 NW4 of Section 22, T2N, R68W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is the southeast corner of Weld County Road 22 and east I-25 Frontage Road. 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 April 21, 1993, so that we may give full consideration to your recommendation. Please call Chuck Cunliffe, Director, if you have any questions about the application.'12"1— i.Li L1/11� w�..6-C li c... - (J-�'<'� '-haWA4 yU eat-a-?La-di-6 vA-'.. F - i,cGS c, f iCn-4/7 'y c S. - , ' q ci N Lo 7— .�5 i S:Lev- �� a_�� - , ,, _ ( 2 - e,„,,,,,,,,,,6„4 „...„4„/..„ , /z.„_„_. i 4.„.„.„).ett-/ /, c�ae , l < c2a�t� , 2 q . - ,q,,,,,scv _4 . y, ,,, ,� G k 2 cJ ffr'z t o � 4'iu a % I" i le e � . , i �y{� l�(r2�., r FIELD CHECK FILING NUMBER: S-336 DATE OF INSPECTION: April 22, 1993 APPLICANT'S NAME: Del Camino Partnership, et al. REQUEST: Amended Planned Unit Development Plan LEGAL DESCRIPTION: Part of the W2 NW4 of Section 14, T2N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: The southeast corner of Weld County Road 22, and the east I-25 Frontage Road. LAND USE: N Flatiron Structures E Agricultural production. S Agricultural production. W I-25 ZONING: N Planned Unit Development E A (Agricultural) S A (Agricultural) W A (Agricultural) COMMENTS: Specialty Products is located on one of the proposed lots and is existing. Hauser Chemical is currently under construction on the second lot. The internal road to the proposed subdivision is paved and existing. The vacant property is currently in either pasture or natural grasses.C ' AL ., Chuck Cunliffe, Director S30567 ellMou"7"'" OUNTAIN VIEW FIRE PRTION DISTRICT F e Administrative Office: g 700 Weaver Park Road• Longmont, CO 80501 8 (303) 772-0710 Metro (303) 666-4404 E NEW April 15, 1993 Mr. Chuck Cunliffe, Director Weld County Department of Planning Services 1400 N. 17th Avenue Greeley, CO 80631 RE: Case Number S-..3326-350 Amended Planned Unit Development Plan Del Camino Partnership Dear Mr. Cunliffe: The Fire District has no objections to the proposed amendments to the Planned Unit Development Plan if the final agreements provide for access and hydrants as shown in the copies of the agreements included with this referral. The concerns of the Fire District for access and hydrants have been addressed by those agreements. If you have any questions, please contact me. Sincerely, CSe- C v r,t Charles E. Boyes Fire Prevention Specialist CC: Jerry Ward, Chief of the District cv William N. Bailey, Deputy Chief, Support Services V Mark A. Lawley, Assistant Chief, Fire Prevention ( APR y^ +993 fil Station 1 Station 2 Station 3 Station 4 Station 5 Station 6 Station 7 9119 Cnty Line Rd. 10971 WCR 13 P.O.Box 575 P.O.Box 11 10911 Dobbin Run P.O.Box 666 P.O.Box 40 Longmont.CO Longmont.CO 299 Palmer Ave. 8500 Niwot Road Lafayette,CO 600 Briggs 100 So.Forest St. 80501 80504 Mead,Co 80542 Niwot.Co 80544 80026 Erie.CO 80516 Dacono,CO 80514 930567 IIII III DEPARTMENT OF PLANNING SERVICES PHONE(303) 353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES WI I D C. 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 COLORADO April 7, 1993 CASE NUMBER: S-..3�6 236, TO WHOM IT MAY CONCERN: Enclosed is an application from Del Camino Partnership, et al. , for an Amended Planned Unit Development Plan. The parcel of land is described as part of the W2 NW4 of Section 22, T2N, R68W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is the southeast corner of Weld County Road 22 and east I-25 Frontage Road. 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 April 21, 1993, so that we may give full consideration to your recommendation. Please call Chuck Cunliffe, Director, 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: /7 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. e efer to the enclosed letter. / / Signed: / Agency: 54(12.) 1'/-r J Date: II APR 16 1993 hi 93054"7 i • DEPARTMENT OF PLANNING SERVICES PHONE(303) 353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 140C. GREELEY, N. ORAAVENUEO631 COLORADO 80631 COLORADO April 7, 1993 CASE NUMBER: s-.3.2.63,% TO WHOM IT MAY CONCERN: Enclosed is an application from Del Camino Partnership, et al. , for an Amended Planned Unit Development Plan. The parcel of land is described as part of the W2 NW4 of Section 22, T2N, R68W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is the southeast corner of Weld County Road 22 and east I-25 Frontage Road. 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 April 21, 1993, so that we may give full consideration to your recommendation. Please call Chuck Cunliffe, Director, 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. Signedr- Agenc} Date: j"'/3-7 93O5R7 S April 12, 1993 Department of Planning Services Weld County Administrative Offices 11:00 N. 17th Greeley, Co. 80631 Case Number: S ;2'63 (, Gentlemen: We received the application from Del Camino Partnership for an Amended Planned Unit Development Plan and find no con- flict. We want to go on record by saying we do want any fu- ture activity that may include crossing our easement, digging into, draining or dumping into it to be discussed with us and a mutual agreement arraigned before work is commenced. We also continue to want to be notified immediately of any acci- dent or spill that has potential of contamination of our ditch and water supply. Very truly yours, -I/frt./Q.4 Francis D. Gregerson President, Godding Ditch Co. FDG:m Il r� J V APR 113 j993 930567 Alt mEmoRAnDum WIIDe Chuck Cunliffe To Planning Date May 13, 1993 COLORADO From Donald Carroll subject: Del Camino Partnership S-,,326 %1N, In the Improvements Agreement Exhibit A the unit costs seem to be in line with what we've been biding this year. There doesn't seem to be a problem with that at all. The access remains to be off the I-25 frontage road. That would be controlled by the state. The access road is calling for 10" of base, 3" of asphalt. That is adequate for this design. I have reviewed the amended drainage report and calculations. It appears to be adequate. After reviewing everything that was submitted on the amended application, I find no conflict with this application. cc: Commissioner Baxter File S-326 mchuck3.pds MAY 1 7 1993 ci • 930567 DEPARTMENT OF PLANNING SERVICES PHONE(303)353.3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 140C. GREELEY, N. ORA O8 UE 631 COLORADO 80631 COLORADO April 7, 1993 CASE NUMBER: S-.33'633(p TO WHOM IT MAY CONCERN: Enclosed is an application from Del Camino Partnership, et al. , for an Amended Planned Unit Development Plan. The parcel of land is described as part of the W2 NW4 of Section 22, T2N, R68W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is the southeast corner of Weld County Road 22 and east I-25 Frontage Road. 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 April 21, 1993, so that we may give full consideration to your recommendation. Please call Chuck Cunliffe, Director, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please refer to the enclosed letter. Signed: Agency: Date: 930567 0 IIIIP AFFIDAVIT OF PUBLICATION STATE OF COLORADO NOTICE OF MtFN If' the Weld County 55 BantaDepMmSM of Planning COUNTY OF WELD 9eMces, 1400 N. 17th Avenue, Greeley, I, KEITHILANSEN, of said County of Weld, being dui The Weld County Colorado 80631, Planning Commission before the above date or sworn, say that I am publisher of will hold a public hearing presented at the public on Tuesday, May 18, hearing on May 18, WINDSOR BEACON 1993,at 1:30 p.m.for 7993 the purpose of considering a Site Copies of the application a weekly newspaper having a general circulation in sai Specific Development are available for public County and State, published Plan and an Amended Inspection in the tae; in the town of WINDSOF Planned unit in said County and State; and that the notice, of whit: Plan for Department of Planning the property Development Plan for Services, 1400 N. 17th the annexed is a true copy, has been published in sai below. Approval described the e Avenue, Greeley, weekly for / _successive weeks, that the node request may create a Colored°48631-Phone was published in the regular and entire issue of ever vested properly right - 353-3845, Extension pursuant to Colorado ' number of the paper during the period and time o La,,, publication, and in the newspaper proper and not in ; I Judy Yamaguchi, supplement, and that the first publication of said notice APPLICANT: Del Chairperson, Weld County in said paper bearing the date of the Camino Partnership,et commission Planning was at. /S day of a�� - P , A.D., 1993 ant LEGAL DESCRIPTI0N:I windser In the the last publication berarin the date of the Part of the W2 NW4 et W11Waer 93. on g Section 14,T2N,ROM Alms 16,1993. of the 6th P.M.,Wild day of , A.D., 19 an( County,Colorado. that the said WLNDSOR BEACON has been publishec continuously and uninterruptedly for the period of TYPE AND INTENSITY consecutive weeks,in said County State, prior to the OF PROPOSED USE: and Amended Planned Unitdate of first publication of said notice, and the same is e Development Plan. newspaper within'the meaning of an Act to regulate printing of legal notices an advertisements, approvec LOCATION: The May 18, 1931, and all prior cts ar as in force.southeast corner of Weld County Road 22 and east I-25 Frontage f Road. SIZE: 72.233 acres, P LISHER more or less The public hearing will Subscri d and sworn to before me this /1/p day be held in the Weld of `fiD t-je 19 County Commissioners' DD �` Hearing Room, First 4944.1 r-n- �� "r, Floor, Weld County --' Centennial Center, 915 NOTARY PUBLIC Tenth Street, Greeley, /'� Colorado. Comments or `_ ii"--1.r C'°,c-f" objections related to the My commission expires S' / / 7`"/ above request should be submitted in writing to • IlL')rEli * I I\I MAY 0 `; 1993 9304%7 AtE \11:1 .411141111H 411 DEPARTMENT OF PLANNING SERVICES ' PHONE (303)353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 140C. GREELEY, N. O17RAAVENUEO631 COLORADO 80631 COLORADO DATE: April 8, 1993 TO: SURROUNDING PROPERTY/MINERAL OWNERS CASE NUMBER: S--326 ,j34p There will be a Public Hearing before the Weld County Planning Commission on Tuesday, May 18, 1993, at 1:30 p.m. , in the County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado concerning the request of: NAME: Del Camino Partnership, et al. FOR: An Amended Planned Unit Development Plan. LEGAL DESCRIPTION: Part of the W2 NW4 of Section 22, T2N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: The southeast corner of Weld County Road 22 and east I-25 Frontage Road. Your property is within five-hundred (500) feet of the property on which this request has been made. For additional information write or telephone Chuck Cunliffe, Director. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 1400 N. 17th Avenue, Greeley, Colorado 80631, on or before the date of public hearing. 930567 e # 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 accord ce with the notification requirements of Weld County in Case Number S-3.2$x. r Del Camino Partnership, et al. , in the United States Mail, postage prepaid First Class Mail by letter as addressed on the attached list. this 8th day of April, 1993. 930567 • . SURROUNDING PROPERTY OWNERS AND/OR SURFACE ESTATE/MINERAL OWNERS Del Camino Partnership, et al. S-3-76 33e, Rodney R. and M. Ernestine 9762 I-25 Access Road East Longmont, CO 80501 Frederick H. and Lynda Tripp Griffin 9748 I-25 Access Road East Longmont, CO 80501 Larry L. and Regina K. McBrien 9518 I-25 Access Road East Longmont, CO 80501 James T. Jr. , and Carolyn Sue Westervelt 9762 I-25 Access Road East Longmont, CO 80501 Stanley Olson 4306 Weld County Road 22 Longmont, CO 80501 Herbert M. or Lillie R. Olander 1800 Lakewood Court #63 Eugene, OR 97402 Flatiron Structures Company 10090 I-25 Frontage Road Longmont, CO 80501 U.S. Army Corps of Engineers 215 N. 17th Street Omaha, NB 68102-4978 Harold Jr. and Ronald Lane Reese Christine R. McCulloch 855 Sunrise Highway Lynbrook, NY 11563 Michael P. and Virginia R. Haggerty 3909 Weld County Road 20-1/2 Longmont, CO 80501 93056'♦ • SURROUNDING PROPERTY OWNERS AND/OR SURFACE ESTATE/MINERAL OWNERS Del Camino Partnership, et al. S 1j 2540 Marvin D. and Sharon K. Hopper 3656 Weld County Road 20-1/2 Longmont, CO 805(4 Del Camino Center Partnership 203 S. Main Street Longmont, CO 80501 Raymond Befus 735 Wallace Road McMinnville, OR 97128 Samuel Befus 616 Terry Street Longmont, CO 80501 Reuben Befus 7823 Hygiene Road Longmont, CO 80501 James Befus 9465 Weld County Road 7 Longmont, CO 80504 Rose Hofferber 6590 Saulsbury Court Arvada, CO 80002 Basin Operating Company 633 17th Street, Suite 1500 Denver, CO 80202 930567 PROPERTY OWNERS WITHIN 500t -OF DEL CAMINO CENTER P.U.D. 1313-14-0-00-006 McDaniel, Rodney R. & M. Ernestine 9762 I-25 Access Road East Longmont, CO 80501 1313-14-0-00-007 Griffin, Frederick H. & Lynda Tripp 9748 I-25 Access Road East Longmont, CO 80501 1313-14-0-00-008 McBrien, Larry L. & Regina K. 9518 I-25 Access Road East Longmont, CO 80501 1313-14-0-00-046 Westervelt, James T. Jr. & Carolyn Sue 9762 I25 Access Road East Longmont, CO 80501 1313-14-0-00-004 Olson, Stanley 4306 WCR 22 Longmont, CO 80501 1313-14-0-00-054 Olander, Herbert M. or Lillie R. 1800 Lakewood Ct. #63 Eugene, OR 97402 1313-11-0-00-003 Olson, Stanley 4306 WCR 22 Longmont, CO 80501 1313-11-0-00-067 Flatiron Structures Company 10090 I-25 Frontage Road Longmont, CO 80501 1313-11-0-00-070 Flatiron Structures Company 10090 I-25 Frontage Road Longmont, CO 80501 1313-11-0-00-071 Flatiron Structures Company 10090 I-25 Frontage Road Longmont, CO 80501 230567 1313-11-0-00-072 US Army Corps of Engineers 215 N. 17th Street Omaha, NB 68102-4978 1313-15-0-00-094 Reese, Harold Jr. & Ronald Lane & McCulloch, Christine Reese 855 Sunrise Highway Lynbrook, NY 11563 1313-15-0-00-095 Reese, Harold Jr. & Ronald Lane & McCulloich, Christine Reese 855 Sunrise Highway Lynbrook, NY 11563 1313-15-0-00-022 -Haggerty, Michael P. & Virginia R. 3909 Weld County Rd. 20-1/2 Longmont, CO 80501 1313-13-0-00-073 Hopper, Marvin D. & Sharon K. 3656 Weld County Rd. 20-1/2 Longmont, CO 80501 1313-10-0-00-041 Reese, Harold Jr. & Ronald Lane & McCulloch, Christine Reese 855 Sunrise Highway Lynbrook, NY 11563 I certify that the above list was obtained from the Weld County Assessors Office on March 16, 1993. • By: ritfriSitir reg D. F,µher The Neenan Company u4/05,S3 u8:5S 22303 49J 669 NEENAN f?JO02/002 AID R - 2-S S 1 R Z ? :-0 2 . .,r - 01:u2 I 1x:33 '303 493 6889 NEENAN ;�� , 4<93-5t 7 Mar, h 3, 191%4 To: -Weld *minty Planning Department From: tbel Camino Center l artnership Re; - Mineral Owners and Lessees The following are the mineral owners o2 record on the parcel o:: land known as the Del Camino Center located in the W1J2 NW1!4 rf Sertion 14, T2N, R6BW, 6th P.N. : Del Camino Center Partnership 203 S. Main 1St. , Lunpmni c,CO 805" Raymond Beaus 735 Wallace I''d., McMinnville, OR 9/1.24 -Bamusl Beaus 616 Terry Strret, Longmont, CO 80501 Reuben Helve 7823 Hygiene Toad, Longmont, to 2030 James-Bohan 9465 OCR 7, -Longmont, CO -80504 -Ross llofterber 6.590 Saulatury Ct., Arvada, CO A(1U(1.' Dal Camino Center Part-erehip owns 30% of mineral rights, Raymond Befus owns 16.6667% and the balance of the owners own 8.3333% . Tho present lessees of the mineral rights are: Basin Operating -Company 633 17th Street, Sults 1500 tenver, Colorado -80202 Gerrity oil a Gas Corporation -6100 East Mississippi Avenue, suite 1200 Denver, Colorado 80222 We '-srt..i.fy the abavn information to be correct per records O! 14014 Cr it ty. A rz2 ;xci+.,ds'' dad., dommwoz. nmn, APR 5 '93 00:50 303 493 5869 PfGE.002 c • *tot 4444;4r DEPARTMENT OF PLANNING SERVICES PHONE (303)353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES WILD C. 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 COLORADO April 8, 1993 Mr. Greg Fisher 2290 E. Prospect Road Ft. Collins, CO 80525 IP Subject: S- 1 - Request for approval of a Site Specific Development Plan and an Amended Planned Unit Development Plan on a parcel of land described as part of the W2 NW4 of Section 22, T2N, R68W of the 6th P.M. , Weld County, Colorado. Dear Mr. Fisher: Your application and related materials for the request described above are complete and in order at the present time. I have scheduled a meeting with the Weld County Planning Commission for Tuesday, May 18, 1993, at 1:30 p.m. This meeting will take place in the Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado. In addition, I have scheduled a meeting with the Weld County Utilities Advisory Committee for Thursday, April 22, 1993, at 10:00 a.m. This meeting will take place at our office located in the Weld County Administrative Offices, 1400 N. 17th Avenue, Greeley Colorado. 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 Tri-Area Planning Commission and the City of Longmont for their review and comments. Please call Jay Curtis, Tri-Area, at 659-8112, and Brad Schol, in Longmont, at 651-8330 for information regarding the date, time and place of the meetings and the review processes. It is recommended that you or a representative be in attendance at each of the meetings described above in order to answer any questions that might arise 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 May 5, 1993, you or a representative should call me to obtain a sign to be posted on the site no later than May 7, 1993. The sign shall be posted adjacent to and visible from a publicly maintained road right-of-way. In the event the property under consideration is not adjacent to a publicly maintained road right-of-way. In the event the property under consideration is not adjacent to a publicly maintained road right-of-way, the applicant shall post one sign in the most prominent place on the property and post a second sign at the point at which the driveway (access drive) intersects a public maintained road right-of-way. Your sign posting certificate must be returned to the Department of Planning Services' office on or before the date of the hearing. 930567 2 Del Camino Partnership, et al - S�633&0 April 8, 1993 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 contact the Department of Planning Services office a few days before the date of the hearing to obtain that recommendation. If you have any questions concerning this matter, please call me. Sincerely, cL'r\ Chuck Cunliffe, AICP Director CAC/sfr pc: Del Camino Partnership Hauser Chemical Research, Inc. Frank S. Bigelow 930567 1;-"sir IP qi DEPARTMENT OF PLANNING SERVICES Will PHONE (303)353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES C. 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 COLORADO April 8, 1993 Mr. Jim Soule Colorado Geological Survey 1313 Sherman Street, Room 715 Denver, CO 80201 Subject: S , Amended Planned Unit Development Plan. Dear Mr. Soule: I would like you to review the application from Del Camino Partnership, et al. , for an amended Planned Unit Development Plan and provide an estimate for the cost of reviewing the application by your agency. If you have any questions, please call me. Sincerely, Chuck Cunliffe, AICP Director CAC/sfr 930567 nver o' e ' A ' Po ori Collinsx 7 Eighteenth Street Atrium POI Box 182prings 2290 E. Prospect 1621 18th Street, Suite 250 Colorado Springs,CO Ft.Collins,CO 80522 Denver, CO 80202 80901-0182 (303) 493-8747 (303) 296-0383 (719) 633-4113 Archistruction'" (303) 493-5869TAX (303) 296-0382 FAX (719) 633-9508 FAX March 22, 1993 Keith Schuett Department of Planning Services Weld County Administrative Offices 1400 N. 17th Avenue Greeley, CO -80631 Re: Amendment to_Del Camino Center P.U.D. Weare-enclosing the following information for yourapproval and files: 23 P.U.D. application forms 23 P.U.D. illustrations 10 utility maps 3 drainage plans/reports 3 utility plans 23 landscape plans 23 P.U.D.plat maps 1 certificate of title 1 certificate from county treasurer showing no delinquent taxes on the property 25 certificate from civil Engineer 1 improvements agreement 25 project narrative 25 state highway access permit 25 narrative regarding Godding Ditch Co. 25 certified list of property owners and addresses 25 certified list of mineral owners 25 copies of the Del Camino Center Covenants 2 copies of-the site access study Check-#48958 in the amount of$880.00 for P.U.D. submittal fee Check-#48965 in the amount of-$380.00 for reviews to Colorado Geologic Survey Please let me know if you need anything further or if you have any_questions. Sincerely, Greg 8 Project Architect GF/dln cc: Ed Kanemoto - Prudential LTM Realtors Greg-Huc-kabee— Hauser Chemical Research, Inc. 9.30567 Fort Collins Denver Colorado Springs '4=4,4 P.O. Box 2127 Eighteenth Street Atrium PO. Box 182 2290 E Prospect 1621 18th Street, Suite 250 Colorado Springs,CO Ft.Collins,CO 80522 Denver, CO 80202 80901-0182 (303)493-8747 (303) 296-0383 (719) 633-4/13 Ar(Histruction (303)493-5869 FAX (303) 296-0382 FAX (719)6339508 FAX TRANSMITTAL LETTER DATE March 31, 1993 TO: Chuck Cunliffe Weld County Planning Department Weld County Administrative Offic-es 141)0 N. 17th Avenue Greeley, CO 80631 JOB: Del C-amino Center P.U.D. WE TRANSMIT FOR YOUR: INFORMATION X APPROVAL X FILES X CORRECTION RETURN 15 COPIES OF: Del Camino Center Improvements Agreements and 25 REMARKS: If you need anything further, please feel free to give me a call. Also if you could please notify me onc-e hearing dates have been set. Thank you for your help. I will fAX 'fu¢, twit&f,veU atmA_Qtrt.S adrMsSCS i1331,4 Gd So_on as 1 Vr l utl um- J 0.1 R A S \9141THE NEE AN COMPANY raleolly Greg D. isher tat Project Architect 930567 CPARK ENGINEERING CONSULTANTS AMENDED DRAINAGE REPORT DEL CAMINO CENTER P. U. D. WELD COUNTY, COLORADO 9305E-7 1240 Main Street Longmont, CO 80501 (303)£51-662-6 AMENDED DRAINAGE -REPORT DEL CAMINO CENTER P. U.D. WELD COUNTY, COLORADO Prepared for: THE NEENAN COMPANY 2291) E . PROSPECT FORT COLLINS , COLORADO 80522 (303 ) 493-8747 Prepared by: PARK ENGINEERING EONSULITA-NTS L240 MAIN STREET LONGMONT, COLORADO 80501 (303)651-6826 March 20, 1993 PEC Job #107-26. 014 930=567 Y "I hereby certify that this report (plan) for the amended drainage design of Del C-amino C-enter was prepared by me ( or under my direct supervision) in accordance with the provisions of Weld County subdivision regulations for the owners thereof. " Registered Professional Engineer State of Colorado No. 16726 ( Seal ) s Op a - 4 iii2C) 441.2. r ©v � 930167 AMENDMENT TO THE DEL CAMINO CENTER P. U. D DRAINAGE REPORT DESCRIPTION This report amends the master drainage plan for the Del Camino Center P . U. D . Currently the Y. U. U . is being amended which has minimal affect on the original drainage concepts provided in the "Drainage Report for Del Camino Center P. U. D . " dated January 20 , 1989 and prepared by Park Engineering Consultants . This report will be a supplement to the original report mentioned above and will only address those items that have changed due to the Amendment . SITE CHANGES The amended Y. U. D . creates Blacks and some Lots to identify property lines for different ownerships . Proposed utility and access easements have also been modified somewhat . The change that affects the drainage concepts is the adjustment of the access drive that extends north and south through the center of the P . U. D . This alignment change causes a -minor change to Basins C , E and F as to their areas . No other changes are being considered as part of this amendment to the drainage plan. DRAINAGE FACILITY DESIGN An "Amended Drainage Plan" showing the revised P . U. D . concept and the revised basins is located in the map pocket at the end of this report . The Plan references two lots with existing structures that have been developed as part of the "Custom Lot" policy for this P. U. D . Both sites were required to provide on-site detentioning -per the requirements for -development . For specific details of these sites , please refer to "Drain-age Report Lot 1 (Specialty Products , Inc. ) " dated 4/9/89 and "Drainage -Report Lot 1 , Block 2 ( Hauser Chemical ) " dated 12/15/92 both prepared by Park Engineering Consultants . The revised basin information and calculations follow this report . Basin areas for basins C, E and F are the only adjustments required. 930567 CONCLUSIONS The drainage concepts for this project are consistant with current policies and practices for storm drainage management . The site will continue to maintain the flow patterns and release rates as have been experienced historically. As each lot is developed on the site , detentioning will be require. Through a series of roadside ditches and drainage swales , the release runoff from each lot will be directed to the historic discharge points which is the existing irrigation ditch for most of the site. Final drainage and grading plans will be submitted with each lot that will conform to the intent of this drainage plan . 930567 a JOB �O 7- L/CL L.Ai-, /A o c___c it i c.C.' PARK ENGINEERING CO( JLTANTS SHEET NO. OF / ?- 1240 Main Street LONGMONT, COLORADO 80501 CALCULATED BY °Cu ° DATE /-/?- & 5 (303) 651.6626 AnIMOOD 3- 20 -93 CHECKED BY �n/ DATE SCALE 1J(LA/bin.6 C. Kt rtze T 1 ' I r F; O, I CC Deist 1 i i' ii iF II Q = C// F I I e2 = p. / A, : ;(96- I i , CQ ' a3 oG t - 1. (/ I - C;j _ 5= 2.. % Z - SW c'4- 0/5 . Zi _ h)t Cl- I -az sw 2‘.--9mi...,,2 :.j 5 - 2-07_, 2. . ,,U0 c-1 G a O. 1,4 L ISUo Q ' GW/ _) - Zca(2.t) ` /1 .9 ,;-. C4 1, ..1Ef_..: 26. ?_ + ir. 1 : 38. G , it - l. 3 INAL- i l5 = I.5 F.f, 51„,.. Z I 3 9.2,j w I i .1 hu 3 3, 7 2.5.0 Q = e2 I A, = n, 1 (/- 3) <<i =, -4-cirs 3.8 QS; ,Q, = Cr c Ac_ ° 0. 2_ (0. 9 ) 3er< 1 /1. 4c4--. /1 0 Ors S... . CoC � !\ � 1 (2-26-) 1� T/' � `/,� cryi ,,, = 4,,,A__ • a. G. ( 3R)- jai. A O.9e.14 QT. 4c I 1 , wouA,ss„A81Fc.Wua..Ma Mill To POTS ruEimaman 930567 JOB /(7f'-`I t GC �Aa-.,v u `t--.vii-,t PARK ENGINEERING CO ULTANTS SHEET NO. Z of / 1240 Main Street LONGMONT, COLORADO 80501 CALCULATED BY nc....r° DATE /-,7 -5'5 (303) 6514626 CHECKED BY AMVlIfNrairQ 3 -20- 93 y� DATE SCALE DA4A,NA(.,ti- /• h r1.)K r iiil I - j I ; i Hi I 322 I3A$iN E ( Des )4. gr: 4 A 0. C, PIO f� (. .�ft f. _ i• X(/. i- c,) Di 5 = 2 %, % _ Soo -t} 5 i 7 15C /i -a• t) liTC _ a? a,- ?1. _'ti L,j-2 4 : S -- 021. L = /0504' .,ss< 1 s--./< v: 2. / Fri L / -4 = z .1-6 = 23, 8 -I S.3 = 3 '7-. 1 i, It = I.'3 /,‘,//tic rr ;. 1. 93- , S 4' z c Q2 2= � t �,F ` o. ( ( c s) �-: 3 = -�--�-�� _ 2,o cis .i Cps - CC r5 At?. _ 0. ' ) 4 . c, �. r c c/s � to eft, -tea 'Aw ' a 3 (2. 3 ) lc). (3 Ga /O. 3 e -s t C,.,...ZA„ Aa ° ' d.C, (3•b) / 4 • I c-(a 35.6 C J-s , j AiCCOCrat�s�m.wm.YS 0)47t To ae,ND.E TOLL FRU taw 2254360 33Ci`J`b a JOB /v 7' - 'y / /1"/ l.._ 4 rn ,n. ,; 7, ,! PARK ENGINEERING CC ULTANTS 1 SHEET NO. 3 OF T 1240 Main Street LONGMONT, COLORADO 80501 CALCULATED BY 1266) IA DATE /— / - (303) 6514626 AM ilk,V 3 -2v- 93 CHECKED BY j ATE SCALE DQA/}yd'e 1)`/Crt'e1<T .A som Th' t I . Ii I j Q: IA A C2 _ _0. 1 1 A-S CI G'S O. Z Ay ' vc C/EJ = O. 3 o• 6 .e - / b (/. I (� S = 3 ,3 %, L =: 2vc� I . s5 tA - e b (/. I - o.‘ z /3-A »,;,, ezi ; S - / .. L 7 4,so Gfr,„, , x.1: 1`4 v= /. G I. -i so 1 T 7 99 / = t IGI 1 L l• Zc o � _. � 15141E 3 go h;� ft /. 9 /,./the Ir v f _ I. r S4 TA, 3. 25 " _.7 . . I- i j 3 S,S Q. 7 CZ rz 4,. = of ( i.s ) = O. 8 c -1s /. O c Qs 3 Qw ' C.,, . .z A,_ _ Q//3 (3.2c)i �._ ` 1. tt eL5 S... c Gi,, ' C ,Iw. AF 4 a ( 5'.3 #11" 13,4 ,, L / 7S C i I ! PAODI.T 10<IIABIllc.Gea Mr OM leas PHONE IOU MPEE'62254110 DEL CAMINO CENTER (HAUSER CHEMICAL RESEARCH, INC. ) SITE ACCESS STUDY WELD COUNTY, COLORADO MARCH 1993 Prepared for : The Neenan Company 2290 East Prospect Road Fort Collins , CO 80525 Prepared by : MATTHEW T . DELICH, P .E. 3413 Banyan Avenue Loveland, CO 80538 Phone : 303-669-2061 930567 EXECUTIVE SUMMARY Del Camino Center is a proposed industrial park development located east of the I-25 Frontage Road and south of Weld County Road 22 in Weld County . This traffic impact study involved the steps of trip generation, trip distribution, trip assignment, capacity analysis , and traffic signal warrant analysis . This study assessed the traffic impacts of the development of Del Camino Center on the road system at various phases of development . As a result of this analysis, the following is concluded: - The development of the Del Camino Center is feasible from a traffic engineering standpoint . At full development as proposed, approximately 4400 trip ends will be generated at this development daily . - Current operation at the Frontage Road/Specialty Place -and Frontage Road/Weld. County Road 22 intersections is acceptable . - In the various incremental futures with each proposed phase of the Hauser Chemical Research manufacturing campus , all key intersections will operate acceptably . The existing auxiliary lanes at the Frontage Road/Specialty Place intersection are proper. - In the long rancve future (2015 ) with full development of Del Camino Center , auxili-er. y lanes will he required at the Frontage Road/South Access intersection and at the Frontage Road/Weld County Road 22 intersection . Acceptable operation will occur at the key intersections with full development of the Del Camino Center. -- Weld County Road 22 should be paved adjacent to the Del Camino Center when Lots A and B are developed . 930567 I . INTRODUCTION This traffic impact study addresses the capacity, geometric , and control requirements at and near the Del Camino Center development in Weld County, Colorado . It is an industrial park development located on the east Frontage Road of I-25, approximately one mile south of Interchange 240 . Hauser Chemical Research, Inc . is proposing to develop a manufacturing campus in a five phase program over a 15-20 year development period. During the course of the analysis, numerous contacts were made with the project planning/engineering consultant (The Neenan Company) . This study generally conforms to the format set forth in typical traffic impact study guidelines . The study involved the following steps : - Collect physical , traffic, and development data; - Perform trip generation, trip distribution, and trip assignment.; - Determine peak hour traffic volumes and daily traffic volumes ; - Conduct capacity and operational level of service analyses on key intersections ; - Analyze signal warrants ; This report is prepared for the following purposes : - Evaluate the existing conditions at key intersections; - Estimate the trip generation by the proposed development; - Determine the trip distribution of site generated traffic ; - Evaluate operation at key intersections ; - Determine the geometrics at key intersections; - Determine the impacts of site generated traffic on key intersections . I. I . EXISTING CONDITIONS The location of Del Camino Center is shown in Figure 1 . It is important that a thorough understanding of the existing conditions be presented. Land Use Land uses in the area ate primarily commercial or agricultural . A commercial use (Flatirons building) exists on the north side of Weld County Road 22 . There is an existing manufacturing use (Specialty Products ) within the Del Camino Center. it is in the northeast quadrant of the Frontage Road/Specialty Place intersection . There are commercial uses on 1 930567 9 m 5 VI N / Cr_ / U l 7;H/ I \\ 1 A© MIXED 1' i �IBdo_. ct ZONI4VG , O S`1 W9' //9 ,r •? . \ WCR 24 o q1" • � .,1 DEL CA/≥NQ — _ e •o i+� i AREA T1/4 ° v M/XED �" !y o • ZONINO'v k._- ' > o • (7 ' • -. •-- , • N FI cr_ J I ✓ —7-7' i. IVA....... a 1O r:w lir, .. a`y W I -11X ---_/- / /^ C: rn\ k � •00'ii\, ZONING di ç (d%' Ør; • 111 v AGE/C. USE I�' . ogl7 I� J AGfi/G ZONING o j� �r�m. j / DE AM4vo `— / ' \\..?E ER t ) i.� -�dRinn • _ • � - i 15 / • a9ia / • 1/ �\ --Al ) Ib 7 AG IC. USE l , ', 1 AGR/ ZONING .:. \� \ =r • '\ I� i r— / u _ ryw 1 . 3M �. • •• /• f / � (\ QOM __ WCR 2 __ / 48ez • • � , e, A920 •`\ i 49z51 t\ I` NO SCALE SITE LOCATION Figure 1 930567 the west side of I-25 near Interchange 240 . Most of the remaining nearby land is in agricultural use . Land in the area is flat from A traffic operations perspective . Roads The primary roads near the Del Camino Center are shown in Figure 2 . The Frontage Road is west of the Del Camino Center. It is a north-south road designated as a Category 5 Highway by the Colorado Department of Transportation (CDOT) . The Frontage Road has a two lane cross section with auxiliary turn lanes at the Specialty Place intersection. Intersections along the Frontage Road are stop sign controlled with the Frontage Road having the right of way . There is a signal at the Frontage Road/Weld County Road 24/SH 119 intersection approximately one mile north of Del Camino Center, The posted speed limit is 55 mph. Weld County Road 22 borders Del Camino Center to the north. It is a two lane gravel road . It intersects the Frontage Road at a stop sign controlled T intersection . Specialty Place is a subdivision street that accesses Del Camino Center . It serves the only developed lot (Specialty Products) in Del Camino Center. It intersects with the Frontage Road at a stop sign controlled T intersection . There are right- and left-turn deceleration lanes and a right-turn acceleration lane on the Frontage Road at. the Specialty Place intersection. Existing Traffic Peak hour turning movements at the Frontage Road/Specialty Place and Frontage Road/Weld County Road 22 intersections were obtained in March 1993 and are shown in Figure 3 . Raw traffic count data is provided. in Appendix A . Existing Operation The two counted intersections were evaluated regarding operational efficiency . They were evaluated using the existing stop sign control . The peak hour operation is shown in Table 1 . Calculation forms are provided in Appendix B. Appendix C describes level of service for unsignalized intersections from the 1985 Highway Capacity Manual . Both intersections _operate acceptably . All movements at. the intersections are at level of service A. The Frontage Road/Weld County Road 22 intersection was evaluated with a combined right- and left-turn lane and as separate turn lanes . Both analyses are reflected in Table 1 . 2 930 367 1 N NO SCALE S.H. 119 I I WELD COUNTY ROAD 24 Interchange 240 -" G O ac W Q N Z H re L F- 0) tuWELD COUNTY ROAD 22 Z �♦�►�i♦ice♦�♦♦i♦�i�i�♦♦♦�i� SPECIALTY i� ♦�♦i ��'Y;♦ii j♦r L CAMIN• �♦� PRIMARY ROADS Figure 2 930567 a N Ia 4/2 1 /—s/1 WELD CO. RD. 22 N^ N a M1 N N 3/23 SPECIALTY /—, (� O /3 PLACE \ cc co W "' C7 H AM / PM z 0 cc 1993 PEAK HOUR TRAFFIC Figure 3 930567 Table 1 1993 Peak Hour Operation With Existing Traffic Intersection AM PM Frontage Road/Specialty Place WB LT A A WB RT A A SB LT A A Frontage Road/Weld County Road 22 WB LT A A WB RT WBLT/RT A A A A SB LT A A 930567 III . PROPOSED DEVELOPMENT Del Camino Center is an industrial park development located east of the east Frontage Road and south of Weld County Road 22 in Weld County. Figure 4 shows a schematic of the site plan of Del Camino Center indicating the proposed phasing of the project. Specialty Products is the only portion of the Del Camino Center that has been developed . Hauser Chemical Research, Inc . is proposing to build five buildings on the east side of Del Camino Center. These buildings would be built in 2-4 year phasing programs, covering 15-20 years . All access to the Hauser Chemical Research buildings is proposed via Specialty Place. The lots labelled A - F are within the Del Camino Center, but are not proposed for development at this time . In this study, these lots were assumed to be developed by the year 2015 . It was assumed that lots A and B would access Weld County Road 22 . For analysis purposes, one access was assumed. Multiple access points would be possible , depending upon the nature of the development . Lots C and D would access Specialty Place . Lots E and F were assumed to access the Frontage Road via the South Access . The South Access is intended to serve only these two lots . It is not intended to serve any of the Hauser Chemical Research buildings . Trip Generation Trip generation is important in considering the impact of a development such as this upon the existing and proposed street system. A compilation of trip generation information, prepared by the Institute of Transportation Engineers dated 1991 , was used to project trips that would be generated by the uses at Del Camino Center . The land use code " Industrial Park" ( 130) was used to determine the trip generation . Table 2 shows the trip generation expected from the various phases of Del Camino Center. Trip Distribution The directional distribution of the generated trips were determined for Del Camino Center . The counts at the Frontage Road/ Specialty Place intersection reflect a trip distribution of 88% to/from the north and 12% to/from the south . The State Highway Access Code indicates that unless acceptable analysis shows otherwise, a full movement intersection (T) should use 50% to the left and 50% to the right . It is likely that the trip distribution will temper toward a 50/50 split over time. Therefore, a 50% to the north and 50% to the south was used for the proposed uses . The Specialty Products trip distribution remained as counted in all traffic assignments . 3 930567 9 4 i I. WELD COUNTY RD. 22 N r I NO SCALE - B ' A NE--____________H_H.. Specialty i Products C N. , , ,\ ' I re 1 SPECIAL* PLACE j I to w w t , a a D O c W ' O d , a w C ix Pes`Nec co : a N d w , E t a South Access' O in 0 i , w , co s F a 1 cf) m I w ea - N E. N 1 ' 1 _I SITE PLAN Figure 4 930567 Table 2 Trip Generation Daily A .M. Peak P .M. Peak Land Use Trips Trips Trips Trips Trips in out in out HAUSER CHEMICAL Building 1 - 48 KSF 335 35 8 9 35 Addition - 34 KSF 235 24 5 6 24 Building 2 - 48 KSF 335 35 8 9 35 Addition - 34 KSF 235 24 5 6 24 Building 3 - 48 KSF 335 35 8 9 35 Addition - 17 KSF 120 12 3 3 12 Building 4 - 48 KSF 335 35 8 9 35 Addition - 24 KSF 165 17 4 5 17 Building 5 - 48 KSF 335 35 8 9 35 Addition - 40. 5 KSF 280 29 6 8 29 Hauser Subtotal 2710 281 63 73 281 OTHER LOTS IN DEL CAMINO CENTER Lot A 170 23 5 6 23 Lot B 170 23 5 6 23 Lot C 200 27 6 7 27 Lot D 400 36 8 10 36 Lot E 200 27 6 7 27 Lot F 250 33 7 9 33 Lots Subtotal 1390 169 37 45 169 93Ms7 Background Traffic Background traffic is defined as the traffic that is and/or will be on the area streets that is not related to the proposed developments . Future analysis years were 1995 , 1999, 2003, 2007 , 2011 , and 2015 . Background traffic was increased incrementally by 2 percent per year on the Frontage Road for each of the future analysis years . This increase in background traffic, coupled with the site generated traffic , will increase traffic in excess of the normal growth for most state highways . Trip Assignment Trip assignment is how the generated and distributed trips are expected to be loaded on the street system. The assigned trips are the resultant of the trip distribution process . Figures 5, 6, 7, 8, and 9 show the morning and afternoon peak hour site generated traffic plus background traffic at the key intersections in 1995 , 1999, 2003 , 2007 , and 2011 , respectively . These reflect development of the various phases of Hauser Chemical Research, Inc . Figure 10 shows the long range peak hour assignment of the site generated traffic plus background traffic with build out of lots A - F as indicated earlier in this report. Signal Warrants As a matter of policy, traffic signals are not installed at any location unless warrants are met according to the Manual on Uniform Traffic Control Devices . No new signals are anticipated at any of the key intersections based upon traffic projections in this study. Operations Analysis Capacity analyses were performed on key intersections adjacent to and near the Del Camino Center . Analyses were performed for each phase of development of the Hauser Chemical Research manufacturing campus . An analysis was also performed for full development of the Del Camino Center . Using the traffic volumes shown in Figure 5, the key intersections operate in the 1995 Phase 1 condition as indicated in Table 3 . Calculation forms for these analyses are provided in Appendix D. Both key intersections will continue to operate acceptably during the peak hours at level of service A for all movements . In actuality, Phase 1 , Building 1 has been reduced to approximately 48, 000 square feet . The additional 34, 000 square feet used in the trip generation table for this building will 4 93( 567 aS N ^N _ 5/3 if-6/2 WELD CO. RD. 22 Sc ` 10/53 SPECIALTY L r-6/32 PLACE 0 AM / PM z 0 U- PHASE 1 PEAK HOUR TRAFFIC (1995) Figure 5 N N 2 6/4 1 L X7/3 WELD CO. RD. 22 o � �r 17/83 SPECIALTY 12/61 PLACE 0 W a [O 0 AM / PM z O Q PHASE 2 PEAK HOUR TRAFFIC (1999) Figure 6 9311.567 a N N b- 7/5 fr-814 WELD CO. RD. 22 cocci to\ m N N M 23/107 SPECIALTY f-17/94 PLACE } ( rd . cc �N Ln iu am 0 z AM / PM O a PHASE 3 PEAK HOUR TRAFFIC (2003) Figure 7 a M N 6/6 r9/5 WELD CO. RD. 22 1 I tor- � -- '-29/133 SPECIALTY j / 23/no PLACE cc C7 z AM / PM O re u_ PHASE 4 PEAK HOUR TRAFFIC (2007) Figure 8 930567 a N N cr' °\ n � g lc-1016 WELD CO. RD. 22 N I/3 36/165 SPECIALTY L. r-30/142 PLACE G i ¢ C� W "' C7 zAM / PM O iL PHASE 5 PEAK HOUR TRAFFIC (2011) Figure 9 M\ c.-4c, —15/29 --21/15 N f-15/27 fir 5/1 WELD CO. RD. 22 18/19 Nci r 4,/111/11 I na � M\ o n 2 43/197 SPECIALTY r--r37/173 PLACE � I on N .+ CNI CN 00 m 2 -7/30 SOUTH r-6/3o ACCESS CCD tr < O n l AM / PM 2z O �M FULL BUILD-OUT OF DEL CAMINO CENTER PEAK HOUR TRAFFIC Figure 10 Table 3 1995 Peak Hour. Operation With Building 1 Intersection AM PM Frontage Road/Specialty Place WB LT A A WB RT A A SB LT A A Frontage Road/Weld County Road 22 WB LT A A WB RT WBLT/RT A A A A SB LT A A Table 4 1999 Peak Hour Operation With Buildings 1 and 2 Intersection AM PM Frontage Road/Specialty Place WB LT A A WB RT A A SB LT A A Frontage Road/Weld County Road 22 WB LT A A WB RT WBLT/RT A A A A SB LT A A 930567 likely be built in one of the later phases . This analysis shows a conservatively high level of development in Phase 1 . -The following auxiliary lanes exist on the Frontage Road at Specialty Place : o Right-turn deceleration lane -- approximately 480 feet long plus 220 feet of taper; o Right-turn acceleration lane -- a continuous lane between Specialty Place and Weld County Road 22, approximately 670 feet long; o Left-turn deceleration/storage lane -- approximately 450 feet long plus 230 feet of taper . The taper for the auxiliary left-turn lane ends at Weld County Road 22 . It is recommended that these lanes remain as is through the Hauser Chemical Research phases of development. The right-turn deceleration lane is a function of the posted speed on the Frontage Road. Storage length is not required for this lane . The continuous right-turn lane is the maximum necessary for acceleration from Specialty Place . The only lane that requires storage (a function of the turning volumes) is the left-turn deceleration lane . Increasing traffic volumes will require an incremental increase in storage length for this lane . However, this lane currently extends to Weld County Road 22 . It is recommended that this lane not extend through this intersection. The existing lane design should be retained. Extension of this lane through the Frontage Road/Weld County Road 22 intersection would be detrimental to the public health, welfare, and safety. Using the traffic volumes shown in Figures 6, 7, 8, and 9, the key intersections operate at each phase of development of Hauser Chemical Research as indicated in Tables 4, 5, 6, and 7, respectively . Calculation forms for these analyses are provided in Appendix E, F, G, and H, respectively . The operation at all of these phases of development is acceptable . Using the traffic volumes shown in Figure 10, the key intersections operate in the long range future conditions as indicated in Table 8 . Calculation forms for these analyses are provided in Appendix I . At this level of background traffic and full development of the Del Camino Center, all intersections operate acceptably . A sensitivity analysis indicates that the background traffic on the Frontage Road can double over that shown in this study before unacceptable operation occurs . The auxiliary lanes on the Frontage Road at Specialty Place, indicated earlier in this report, remain the same . When the South Access intersection is built (Lots E and F) , the following auxiliary lanes are needed at that location: o Right-turn deceleration lane -- 450 feet (assume a 15 mph turn) plus 220 feet of taper. 5 930567 Table 5 2003 Peak Hour Operation With Buildings 1 , 2 , and 3 Intersection AM PM Frontage Road/Specialty Place WB LT A A WB RT A A SB LT A A Frontage Road/Weld County Road 22 WB LT A A WB RT WBLT/RT A A A A SB LT A A Table 6 2007 Peak Hour Operation With Buildings 1 , 2, 3, and 4 Intersection AM PM Frontage Road/Specialty Place WB LT A A WB RT A A SB LT A A Frontage Road/Weld County Road 22 WB LT A A WB RT WBLT/RT A A A A SB LT A A 930567 Table 7 2011 Peak Hour Operation With Buildings 1 , 2, 3, 4, and 5 Intersection AM PM Frontage Road/Specialty Place WB LT A A WB RT A A SB LT A A Frontage Road/Weld County Road 22 MB LT A A WB RT WBLT/RT A A A A SB LT A A Table 8 2015 Peak Hour Operation With Buildings 1 , 2 , 3 , 4, and 5 and Lots A, B, C, D, E, and F of the Del Camino Center Intersection AM PM Frontage Road/Specialty Place WE LT B B WB RT A A SB LT A A Frontage Road/Weld County Road 22 WE LT A A WB PT WBLT/RT A A A A SB LT A A Frontage Road/South Access WB LT A A 44B RT WBLT/RT A A A A SB LT A A Weld County Road 22/Access NB LT A A NB RT NBLT/RT A A A A WB LT A A 930567 o Right-turn acceleration lane -- This should be a continuous lane between the South Access and Specialty Place, approximately 1000 feet . o Left-turn deceleration lane -- 485 feet plus 220 feet of taper. Based upon traffic projections , storage length is not required . With development of Lots A and B along Weld County Road 22, the following auxiliary lanes will be required at the Frontage/Weld County Road 22 intersection: n Right-turn deceleration lane -- This lane already exists as part of the continuous lane between Specialty Place and Weld County Road 22 . o Right-turn acceleration lane -- 960 feet plus 270 feet of taper . o Left-turn deceleration lane -- 485 feet plus 220 feet of taper . Based upon traffic projections , storage length is not required . No auxiliary lanes are required at the Weld County Road 22/Access intersection for Lots A and B. Weld County Road 22 should be paved as a two lane road adjacent to the Del Camino Center when Lots A and B are developed . Based upon the full build-out of the Del Camino Center, the westbound left-turn lane on Specialty Place should be approximately 100 feet long to accommodate the design hour volume . Left turns into the Specialty Products driveway will need to be accommodated also . These conflicting left turns may create some geometric concerns . These should be evaluated as development occurs . The Specialty Products driveway may need to be shifted to the east if conflicts occur . IV. CONCLUSIONS This study assessed the traffic impacts of the development of Del Camino Center on the road system at various phases of development . As a result of this analysis , the following is concluded: - The development of the Del Camino Center is feasible from a traffic engineering standpoint . At full development as proposed, approximately 4400 trip ends will be generated at this development daily. - Current operation at the Frontage Road/Specialty Place and Frontage Road/Weld County Road 22 intersections is acceptable . - In the various incremental futures with each proposed phase of the Hauser Chemical Research manufacturing campus, all key intersections will operate acceptably . The existing auxiliary lanes at the Frontage Road/Specialty Place intersection are proper. 6 930567 - In the long range future ( 019 ) with full development of Del Camino Center, auxiliary lanes will be required at the Frontage Road/South Access intersection and at the Front-age Road/Weld County Road 22 intersection . Acceptable operation will occur at the key intersections with full development: of the Del Camino Center. - Weld County Road 22 should. be paved adjacent to the Del Camino Center when Lots A and B are developed . 7 93 567 • APPENDIX A 930557 f t u F N !�l --- a— NC° 4M M II 1111 - -- - -- - - --- — — Q V) J 15 ,1 ; fn NI NI eJ C- ON 1— a I tn E e w Y i M 0 0 a- o N1 - o (Y) ,7i E — Ill CL: to , e N J aao S < _ - ------- - o ft � c,c 0 c cr d` _ 1i1 v Z cl M Fiu0i — COO (Q NN4to M h A• Oa c 6, o o �S _ d M K1 ) oo u) v ▪ 5 CC E \ *7t— — N N IJ)— 5 Q !,, e 44 o- (.- 1� M N ti J �, ------- - - - - -- - - - m > (J Q <) .1- -- Q tsi N - JO M • (N CJ 11F - - - - - O J � •_ FI CJ — v 0 • Z Z I- G «. s — - - - - - - - - M � 0 F.• • (-3 r RJ S,•, * J1 in r 3056'7 0 E 6 oc 4- . 3 ._ J o- OCr) ir N J - - - - - - - - - II ii ii 6 M I � v U Nl 1� J I� � N Q N J 1- �Y' 1U h ti O " e N • 7 V J l4 N, Fr 111 P U• U .J J - - - - - - - - - _ e -4 v :) 0 0 0 0 0 0 rn• I E ill g-U ffi L O \:t: o r� Q 0 `I) O O rn M O `n 4n I r r N +i) --i z CC M, F i N -- M' NV) ON N N a ig at CJ o O V M t M N \,n V1 G J O CC J ' i e N r crI —� M t l - - - -- --- - r, L M e � - ¢ O cJ vi rJ <4 J ee C '0 m - - - -- --_ - - ---_ __ N o )-- Q `fdEtI — - - -- - - - —r, - 1 Z LL -I in � '' \i -- (.7)+ O N o O N — — - -- - — - -..- - o �� E N --) N2- K N In � ,P 7 — 2 Li_ — - - - - — -- — — — — — - - It N — == — — — J — — - — — —— — - — —I wz O `,po iqr O +n O VI cu M - -- _ O FELLA C- N •n ,& o -3 d o In �y' APPENDIX B ..'1 Vi a 4 4 0 L J 0. 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E a.* C > I.I e -4 4 a - 3 2 4 0 .r .LI i = a .-* -. 4 0. 4 O .- C. ... -• 2 U r .3 - C.C S 9aC;67 APPENDIX C 93056'7 Level of Service Criteria for • Unsignalized Intersections Level -of s-ervice criteria For unsignalized intersections are stated in very general terms , and are related to general delay ranges . Analysis for -a stop or yield controlled intersection results in solutions for the capacity of each lane on the minor approaches . The level -of service criteria are then based on the reserve , or unused, capacity of the lane in question, expressed in passenger cars per hour (PCPH) . Reserve Capacity Level of Expected Delay to (P2PH) Service Minor dtreet Traffic >41O0 A Little or no Belay 300-599 B Short traffic delays 20-0--299 C Average traffic delays 100-199 D Long traffic delays 0-99 E Very long traffic delays A F A " When demand volume exceeds the capcity of the lane, extreme delays will be encountered with queuing which may cause severe congestion affecting other traf-fic movements in the intersection. 'This condition usually warrants improvement to the intersection. Reference : flighway_Capacity Manual . Special Report 209, Transportation Tesearch Board, National -Research Council , Washington, U.C. 1985 . 93067 APPENDIX D 93'0567 J• 4 4 4 0 I J 1 > u).i.. O ,j. 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