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Home My WebLink About940261.tiff — And4thij 3� RESOLUTION RE: ACTION OF BOARD CONCERNING MINOR SUBDIVISION FINAL PLAT (WHITETAIL #1) - IVAR AND DONNA LARSON WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners held a public hearing on the 23rd day of February, 1994, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the application of Ivar and Donna Larson, 925 North County Road, Route 1, Berthoud, Colorado 80513, for a Minor Subdivision Final Plat (Whitetail #1) on the following described real estate, to-wit: Part of the E; of Section 14, Township 4 North, Range 68 West of the 6th P.M. , Weld County, Colorado WHEREAS, at said hearing on February 23, 1994, the Board deemed it advisable to continue said matter to March 9, 1994, at which said matter was again continued to March 16, 1994, 10:00 a.m. , to allow the presence of the applicants' attorney, and WHEREAS, at said hearing on March 16, 1994, John Chilson, Attorney, represented the applicants, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, studied the request of the applicant and the recommendations of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that this request shall be denied for the following reasons: 1. There would be only one road in and out of the subdivision, with no emergency access. 2. Weld County does not have the funding to bring Weld County Road 46 up to the necessary standards, and Weld County Road 46 is not currently adequate in functional classification, width, and structural capacity to meet the traffic requirements of the subdivision. B 1434 REC 32331583 04/01/94 16 : 53 F 1862 MARY ANN FECERSTEIN CLERK E X0 ' 00 /00O4 & R..CORDEP. WELD 940261 �0 , C NL�q�a an : Pt Larscni C41567) MINOR SUBDIVISION FINAL PLAT - LARSON (WHITETAIL #1) PAGE 2 3. It is the opinion of the Board of County Commissioners that the applicants have not shown compliance with Section 4.5. 16 of the Weld County Subdivision Ordinance as follows: a. The proposed Minor Subdivision Final Plat is not consistent with the Weld County Comprehensive Plan, which compliance is required by the express terms of the Weld County Subdivision Ordinance adopted pursuant to State law and the Weld County Home Rule Charter, and is not compatible with the surrounding area of rural residences and agricultural uses. b. This property is zoned A (Agricultural) . The Agricultural Zone District was established to maintain and preserve the agricultural base of the County. This proposal will take 191 acres of farm land out of production. The Comprehensive Plan _ attempts to minimize the incompatibilities that occur between agricultural and urban uses, and this request will not only increase incompatible uses, but it will make current farming practices in the area far more difficult. c. The Comprehensive Plan discourages the conversion of agricultural land to urban uses. This policy is intended to promote the use of agricultural land and to support a phased growth plan in the County. While low density single-family residential developments have been permitted in the area it is not a policy which is encouraged by the Comprehensive Plan. d. The potential for increased interference with the neighboring rural uses is probable. Additionally, maximum efficiency and economy cannot be achieved because the cost of this development will be far greater for the general public than any revenues generated by this development. The proximity to the river creates an issue as to contamination from a concentration of septic tanks. e. The Weld County Comprehensive Plan encourages minimizing the — costs to taxpayers but providing additional public services in rural areas for uses that require services on an urban level. Police and fire protection, as well as public road maintenance provided to non-urban areas, becomes increasingly less cost effective as rural areas continue to be subdivided. f. There are four soil types located on this site, three of which are identified as prime farmland if irrigated with adequate water. Two of these soils, Nunn Clay Loam 1-3% slope, and Weld Loam 3-5Z slope are considered to have high potential for B 1434 REC 02331533 04/01 / 714 ?6 : 53 30 . 00 ' '0C4 940261 F 1863 MARY ANN _ EUERSTE_. __32- & 2-nOR ?2 W7 L' , MINOR SUBDIVISION FINAL PLAT - LARSON (WHITETAIL 41) PAGE 3 dry crop land as well. These soils have been further classified as "farmlands of statewide importance." (U.S. Department of Agricultural Soil Conservation Service) September 7, 1993. It is not the policy of the Comprehensive Plan to convert these farmlands into urban uses. These lands are more than adequate for farm production. The past limitations on the use of the property as productive farm ground were related to poor farming practices, not poor farm ground. The last year of farming using a sprinkler by the applicant proved that the land is productive and prime land when properly farmed. The applicant did not show that the soil drainage and erosion problems interfered with farming practices. g. The current general use of the surrounding area is agricultural. The Centennial Farm is located close to this site. The scale and density of this proposal far exceeds the current nature of the area. Based on census data this site will generate 34 additional people in this area. With an increase in density, noise levels, and traffic generated, the general overall appearance of this area will change from rural to urban. h. The applicants are proposing to subdivide 191 acres of farmland into 12 acreages with an average lot size of 15 acres, more or less. However, in a previous application (Mountain View) the applicants stated the difficulties they were having in farming their 25-acre farm. Staff is concerned with this contradiction, if they are not able to adequately farm their small farm then how will the owner of Whitetail lots be able to farm similar size lots. i. This proposal does not encourage the preservation of agricultural uses in Weld County. Staff has received verbal opposition to this request and 11 letters of clarification. The surrounding property owners are concerned about preserving their rural lifestyle, the impact this development will have on their present farming practices, and the increase in density this subdivision will produce. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Ivar and Donna Larson for a Minor Subdivision Final Plat (Whitetail #1) on the hereinabove described parcel of land be, and hereby is, denied. B 1434 REC 02381583 C4/01/94 16 : 53 $O , Cn 3 / 001 1864 MARY ANN rEUERSTRI*I CLE 1 & RECORDER WELD CC , CO 940261 MINOR SUBDIVISION FINAL PLAT - LARSON (WHITETAIL 1i1) PAGE 4 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 16th day of March, A.D. , 1994. • BOARD OF COUNTY COMMISSIONERS ATTEST: 4 ''a./U107 WELD COUNTY, COLORADO Weld Count .Clerk to gm Board . . Webster,/C ai an 7 ' Deputy G to BY: .. y to the Board Dale Hall, Pr Tem APPRO AS TO FORM: Geor e . Baxter ounty At torn y ce L. Harber Barbara Barbara J. Kirk eyer B 1434 REC 02381583 04/01/94 16 : 53 $0 . 00 4/004 F 1865 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO. CO 940261 \',_ CLERK TO THE BOARD P.O. BOX TSe GREELEY,COLORADO.0632 1111111 (303)3S64000 EXT.4426 C. COLORADO STATE OF COLORADO ) ) ss COUNTY OF WELD ) I, Donald D. Warden, Clerk to the Board of County Commissioners, in and for the County of Weld, State of Colorado, do hereby certify that the attached Case Numbers S-349 and S-350, Minor Subdivision Final Plats (Whitetail #1 and #2) - Ivar and Donna Larson, are the original cases, as received in the office of the Clerk to the Board of County Commissioners, which include the Planning Commission files. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County at Greeley, Colorado, this 42-i, --day of .,,- l9 . _---- •••1 : .7.,,,,*--Y t Leialtivteh y CLERK TO THE BOARD " y.:.y > Deputy Clerk to the Board - --- ' 940261 HEARING CERTIFICATION DOCKET NO. 94-21 AND NO. 94-23 RE: A MINOR SUBDIVISION FINAL PLAT (WHITETAIL #1 AND WHITETAIL #2) - IVAR AND DONNA LARSON A public hearing was conducted on March 16, 1994, at 10:00 A.M. , with the following present: Commissioner W. H. Webster, Chairman Commissioner Dale K. Hall, Pro-Tem Commissioner George E. Baxter Commissioner Constance L. Harbert Commissioner Barbara J. Kirkmeyer Also present: Acting Clerk to the Board, Shelly Miller Assistant County Attorney, Lee Morrison Planning Department representative, Monica Mika County Engineer, Drew Scheltinga The following business was transacted: I hereby certify that pursuant to notices dated February 7, 1994, and duly published February 10, 1994, in the Windsor Beacon, a public hearing was conducted on February 23, 1994, to consider the request of Ivar and Donna Larson for two Minor Subdivision Final Plats (Whitetail #1 and Whitetail #2) . At said hearing on February 23, 1993, the matters were continued to March 9, 1994, at which time said matters were again continued to March 16, 1994. Lee Morrison, Assistant County Attorney, made this a matter of record. Monica Mika, Planning Department representative, recapped the parcel is 190 acres and the requests are to split the parcel into 12 homesites. Whitetail #2 is 86.92 acres and the average lot size would be 14.5 acres, and the average lot size in Whitetail #1 would be 16.4 acres. Ms. Mika indicated two additional letters had been received and submitted them to the Board for review. One letter, Exhibit T. was from Mr. Larson requesting clarification on the Centennial Farm; and Exhibit U was a letter responding to said request for clarification from the Colorado Historical Society. John Chilson, Attorney, represented the applicants and indicated the Minor Subdivision Regulations were amended subsequent to the Larsons filing their applications and questioned the exact dates of the amendments. Mr. Morrison clarified the actual change was to the Zoning Ordinance which amended the areas where minor subdivisions can be located and stated he would find out what the dates were. Mr. Chilson explained the amendment required rezoning to Estate Zoning prior to applying for a minor subdivision; however, the Larsons are proceeding under the previous regulations in an Agricultural Zone. Commissioners Hall and Kirkmeyer questioned the relevance of Mr. Chilson's statements, and Mr. Chilson indicated these subdivisions are unique and there are few similar requests. Mr. Chilson then began to question staff's position on a number of issues. Commissioner Hall stated a meeting with staff should have been arranged prior to this hearing if there were unanswered questions and requested Mr. Chilson provide his testimony to the Board, not to staff. Mr. Chilson stated the burden of proof to show the requirements of the Subdivision Regulations have been met is on the applicants, and he needs staff as a witness in this case. Commissioner Kirkmeyer indicated if the applications had been incomplete, the matters would not have been brought before the Board, and she also requested Mr. Chilson proceed with his testimony to the Board. Mr. Morrison suggested Mr. Chilson present the preliminary facts and staff would in turn identify any points that may be of issue. Mr. Chilson indicated he would make statements and staff could contest any discrepancies, and Mr. Morrison and the Board concurred. Mr. Chilson stated the applications do not require a Change of Zone and the 940261 /2940262 RE: HEARING CERTIFICATION - LARSON (WHITETAIL Al AND WHITETAIL #2) PAGE 2 applicants have complied with all regulations except Section 4.5. 16. 1, which requires compliance with the Comprehensive Plan. Ms. Mika referenced for the Board Page 23 of the Subdivision Ordinance, dated December 15, 1992, Section 4.5.9. 1. Mr. Chilson stated he had referenced the 1993 regulations, and the Minor Subdivision Regulations do not define Urban Growth Boundary as referred to on Page 30 of the Comprehensive Plan. He pointed out the site is in the Urban Growth Boundary area of Johnstown, and the Planning Commission's recommendation for denial was based on the Comprehensive Plan. Mr. Chilson also stated no referral agencies objected or recommended denial, and the file is complete. At Mr. Morrison's request as a point of clarification, Mr. Chilson indicated he intended to point out that the Agricultural Zone contains a bulk requirement of 80 acres per lot size, but the method of reducing the requirement in the Subdivision Regulations provides the legal lot definition and two methods in which it may be met. Ms. Mika referred to the Subdivision Ordinance, Page 27, Section 4.5.9.5, concerning soil classification criteria not satisfied in the Comprehensive Plan. She clarified Gerrity Oil and Gas did state concerns in its referral recommendation and that Section 31.2. 1 allows one dwelling per lot in the Agricultural Zone, and these applications propose turning two lots into twelve; therefore, the question is whether the lots are existing or being created. Ms. Mika confirmed for Mr. Morrison that Section 4.5.9.5 is the same in the new and old regulations. She referred to a letter from the applicants requesting clarification of noncompliance, and she stated Section 4.5. 1 refers to the Comprehensive Plan and Section 4.5.9 refers to soils. Ms. Larson stated her presentation would be on compliance with the Comprehensive Plan and submitted an aerial photo, with an overlay of the proposed minor subdivision layout as Exhibit V, and three pages of aerial photos illustrating an eleven-year history of the area as Exhibit W. She also submitted a letter from Continental Insurance agreeing to provide a Surety Bond for $192, 100 for an improvement agreement as Exhibit X, and a soil classification overlay with highly erodible areas cross-hatched in red as Exhibit Y. (Changed to Tape #94-14. ) Ms. Larson explained their agricultural history and background and, referring to Exhibit V, how the proposal would be compatible with the surrounding area. She referred to Exhibit W and said the ground had not been successfully farmed since 1983, and they had removed excessive trash and noxious weeds since buying the property in 1992. Referring to Exhibit Y, Ms. Larson indicated the good soils would be preserved for agricultural use and they are in the process of building a dryland base. She stated the soil is highly erodible and close to the river, and it has been seeded to grass. Ms. Larson indicated agricultural productivity will not change much because both Lots 1, of Whitetail #1 and #2, and Lot 2, of Whitetail #1, will remain intact as historically farmed, and the proposal will not adversely affect the surrounding farms since only two houses will be seen from Weld County Road 46, with access to the ditch and Schmidt Lake for irrigation. She referred to Sections 4.5. 16.2 through 4.5. 16.16 and explained how each Section was satisfied, as well as how the Subdivision requirements have been met. Ms. Larson indicated they have invested $150,000 at this point and are prepared to spend another $190,000 for internal improvements. In response to questions from the Board, Ms. Larson explained both Lots 1, of Whitetail Al and #2, and Lot 2, of Whitetail #1, would be alfalfa and grass. She said Lots 2 through 5 are part of the non-farmed ground due to the slope; however, they too have been turned into pasture and irrigation is feasible. She explained Lot 2 is productive now only because of the installation of the pivot sprinkler, which will be moved. Ms. Larson reiterated that only the two homes, on Lot 1 of Whitetail #1 and on Lot 1 of Whitetail #2, should be visible from Weld County Road 46 because of the 100-foot slope. She indicated the farm was 100 percent weeds in 1992, and it raised marginally productive corn, with the installation of the sprinkler in May 1993, and hay was baled in 1993. Mr. Larson explained the chemicals, irrigation, etc. , used and said the corn yield was 130 bushel. At this time, Chairman Webster stated there was a request for a short lunch break and reminded the Board of an appointment at 1:30. Mr. Chilson indicated their presentation was almost complete and requested that Mark Zahn, Gerrity Oil and Gas, speak. Mr. Larson indicated he and 940261 940262 RE: HEARING CERTIFICATION - LARSON (WHITETAIL #1 AND WHITETAIL #2) PAGE 3 Ms. Larson own the minerals through a lease with Gerrity. Mr. Zahn indicated they have a producing gas well in the northeast quarter of the northeast quarter of the property. He said they are concerned with the development zones which are in the center of each 40-acre tract being included in the subdivisions. Responding to questions from the Board, Mr. Zahn said there are five more possible drilling sites on the property to which they have rights and are interested in developing in the near future. Mr. Larson stated he has reviewed the lease and Gerrity cannot interfere with the irrigation system; however, he feels they can work with Gerrity satisfactorily and the homesites will be conducive to compatibility. Mr. Zahn requested they be given reasonable access and four acres per site to drill and concurred there will be further conversations with the Larsons. At the request of Mr. Chilson, Mr. Larson explained the water and pumping system on the lake which will service all homes in the area for fire protection. He said there are no hazardous soils on the property, percolation rates are not a problem, and there should be no problems with standard footings and foundations. Mr. Larson also confirmed that all Conditions of Approval are agreeable. Mr. Chilson advised the Board that his legal position concerning the applicants' compliance with the Comprehensive Plan is that the Comprehensive Plan only provides guidelines, not regulations. Mr. Morrison clarified for the record the Zoning Ordinance was amended December 29, 1992, which amended Section 31, and March 8, 1993, which deleted the provision of minor subdivision creating legal lots in the Agricultural Zone. Gene Ostermiller, surrounding property owner, stated his objections and concerns about the proposed development and answered various questions from the Board. Bob Lebsack, present neighbor of the Larsons, spoke in support of the proposed development and improvements. Bruce Fickel, Attorney from Berthoud, agreed that tremendous improvements have been made to the property; however, after further comments, he said even though the proposal may make good economical sense, it makes bad planning sense. Let the record reflect a 45-minute recess was taken at this time. Upon reconvening, David Ostermiller, Mike Soleta, and Evelyn Ostermiller, surrounding property owners, stated their opposition to and concerns about the proposed development and also answered various questions from the Board. Mr. Chilson explained during his rebuttal that his reason for questioning staff this morning was to stress the fact these applications were two of very few that were submitted when the regulations permitted, and this is a very limited proposition. Again at the request of Mr. Chilson, Mr. Larson explained in more detail the water system and how it would provide for fire protection. He said they own the water rights, which will be deeded to the Subdivisions. Mr. Larson stated Mr. Cook from the Little Thompson Water District is drafting a letter indicating a 6-inch line would be required to provide water to anything beyond two water taps. He also stated they are committed to paying for said improvements. In response to further questions from the Board, Mr. and Ms. Larson, again referring to Exhibit Y, explained considerable time was spent locating the homes out of the prime soils and the flood plain. Ms. Mika clarified that she does not classify the soils; however, four of the soil types were classified as prime farm ground. She also stated 75 percent of the soils in Weld County are considered highly-erodible, and overall this ground would be good compared to Weld County as a whole. Ms. Larson clarified that this erodible soil is in combination with the Little Thompson River. Commissioner Baxter questioned the plans to irrigate lots since there have been past problems with flood irrigation and why the sprinkler is being removed. Ms. Larson explained nine people handling smaller acreages will make it more manageable with the lake available and the pasture will not require as intensive farming as row crops. She reiterated it has been established into native grass and has lower requirements now. Mr. Larson added that the runoff would be low, with the wastewater flowing into detention/retention ponds, then to the river. He reiterated the land is not suitable for row crops because it is erodible and has extreme slopes; however, it will work with grass. At the request of Commissioner Hall, Drew Scheltinga, County Engineer, reviewed his 940261 940262 RE: HEARING CERTIFICATION - LARSON (WHITETAIL #1 AND WHITETAIL #2) PAGE 4 written comments regarding access to Weld County Road 46 and said presently there are 92 to 126 vehicles per day, which is acceptable for the present condition of the road. He said he can reasonably estimate the development will generate 100 more vehicles per day, which would double the road demand. The increase would put the road at the 200 vehicle per day threshold where the public is usually not satisfied due to problems with dust, washboard conditions, etc. Mr. Scheltinga indicated it would be appropriate to establish an improvements and maintenance agreement with the applicants, to support the traffic, and he noted that Planning staff recommended such an agreement prior to recording. He then recommended paving the road. Responding to questions from the Board, Mr. Scheltinga indicated the Engineering Department completed the traffic study, which is normally the burden of the applicant, and improvements from I-25 to the access would probably be adequate; however, that would be the applicants' decision. Commissioner Harbert indicated, since the site is in the Johnstown School District, the road would probably need to be widened, with drainage, etc. Mr. Scheltinga concurred and said major improvements would be involved ranging from $100,000 to $130,000. In response to questions from Mr. Chilson, Mr. Scheltinga indicated both his March 16, 1993, and December 16, 1993, memos clearly indicated the need for road improvements and it is the applicants' burden to mitigate impacts. He clarified he submitted his recommendation to staff and it is not his duty to provide specifics to the applicants. Chairman Webster made a point of order that cross examination is not appropriate and the Board does not expect Mr. Scheltinga to make recommendations to the applicants. Mr. Chilson indicated the applicants are entitled to basic fairness of being advised. Commissioner Kirkmeyer questioned whether the applicants had copies of Mr. Scheltinga's memos and informed Mr. Chilson that his attitude is inappropriate. After further comments from Mr. Chilson, Mr. Morrison recommended that Mr. Chilson confine his comments to making a record and clarified that due process does not mandate cross examination. In response to a question from Commissioner Baxter, Mr. Morrison indicated a factual determination as to whether the applicants were deprived of information concerning Engineering's recommendation could be made by the Board. Commissioner Harbert said similar problems have arisen with other subdivisions; however, no one had ever questioned staff as they have today. Mr. Scheltinga clarified that it is not uncommon for specifics to be determined after the Board has approved or denied an application, and Engineering funds are not usually expended at this point in a hearing. Mr. Chilson stated there has been some miscommunication and there are no regulations in the minor subdivision for road improvements. Chairman Webster clarified that the Board asked the Engineer to make a recommendation, and pointed out that it is only a recommendation. He stressed that it is up to the Board to decide on the required Conditions of Approval, which has not been done yet, but which the Board has the right to do. Mr. Chilson explained he had misunderstood and thought the applicants were going to be required to pave the road. Commissioner Harbert referred to Section 4.5.9. 7 regarding road requirements and stated the Board would not be out of order to require an agreement. Mr. Morrison said it would actually be Section 4.5.16. 7 which refers to the Board of Commissioners standards and, with the improvements to the road, it could be functional for the proposed use. He further stated, as indicated in the memos, that the road as it exists is not satisfactory, and if the plat is approved, the applicants can work out an agreement. At the request of Commissioner Hall, Mr. Morrison explained the Comprehensive Plan, by its terms, is a policy document; however, it serves additional functions, and the case law Mr. Chilson referred to is distinguishable. Weld County's Subdivision Regulations include specific criteria for compliance with the Comprehensive Plan, and under Home Rule there is more flexibility with rules and regulations. He also clarified that Mr. Chilson contended there is no basis for denial other than noncompliance with the Comprehensive Plan; however, staff does not agree. Commissioner Harbert moved to deny S #349 for Whitetail #1 and stated her reasons as being the Comprehensive Plan discourages urban uses outside municipalities; there is a fine line between poor farm ground and poorly farmed ground; there are too many discrepancies concerning soil, drainage, erosion, etc. ; the land could be 940261 940262 RE: HEARING CERTIFICATION - LARSON (WHITETAIL #1 AND WHITETAIL #2) PAGE 5 prime farm ground; septic drainage would be too close to the river; there would be only one road in and out of the subdivision, with no emergency access; Weld County does not have the funding to bring Weld County Road 46 up to the necessary standards; and there would be difficulties between the subdivision and the farming community. The motion was seconded by Commissioner Hall who agreed with Commissioner Harbert's concerns and added that the Board does have the authority to use the Comprehensive Plan's criteria, which has not been met. He included the Planning Commission's concerns and stated the proposal does not meet agricultural policies. He also referred to Section 4.5. 16.7 concerning the necessary road improvements, which Weld County cannot pay for, and Section 4.5. 17. 16 concerning the burden placed on Weld County to provide more services. Mr. Morrison questioned whether it was the intent to include the Planning Commission's recommendation in the motion, and both Commissioners Harbert and Hall confirmed it was. Commissioner Baxter said the applicants should be applauded for the work and improvements they have completed; however, by doing so, he believes they have proved the ground can be farmed. He agreed the Comprehensive Plan discourages growth outside municipalities and it would create a problem by not complying. Chairman Webster also agreed the development would not be contiguous to a municipality; therefore, the infrastructure would not be available. He said the ground was upgraded with the sprinkler, which increased productivity on soils which are adequate to raise prime agricultural crops. On a roll-call vote, the motion carried unanimously. Commissioner Harbert moved to deny S 11350 for Whitetail #2 for the same reasons as stated in her motion to deny S 0349, including the Planning Commission's comments. Commissioner Hall seconded the motion, and it carried unanimously. This Certification was approved on the 21st day of March, 1994. Odd? BOARDVOD: ATTEST: G / � BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Weld County Clerk to heBoard /� i le ) �� By: �7 --/ k s r/-+��fJ 4H• Webster, hair 'h Deputy Cler to the Board . Hall, em TAPE 1194 13 and 1194 14 / ' r /Geor E. Baxter DOCKET #94-21 and #94-23 (� Constance L. Harbert PL0942 , A- G�gAet-I ,—/Abi_fci[A Barbara J. Kirk yer a 940261 940262 INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION Applicant: Ivar and Donna Larson Case Number: S-350 Whitetail #1 Submitted or Prepared Prior to Hearing Ac Hearing 1. Application 101 pages X 2. 1 Application plat 3 pages X 3. DPS referral summary sheet and letter X 4. DPS letter to applicant X 5. DPS Recommendation X 6. DPS Surrounding Property Owner/Mineral Owner Mailing list, letter and certificate. X 7. 3 DPS Maps Prepared by Planning Technician X 8. DPS Notice of Hearing X 9. DPS Case File Summary Sheet X 10. DPS Field Check X 11. Referral from the Colorado Oil and Gas Conservation Commission November 22,1 993 X 12. Referral from the Colorado Division of Wildlife December 6, 1993 X 13. Referral from the Town of Johnstown November 30, 1993 X 14. Referral from the Weld County Sheriff' s Office November 23, 1993 X 15. Weld County Cooperative Extension Agent November 23, 1993 X 16. Johnstown Fire Protection District November 29, 1993 X 17. Referral from Weld County Health Department December 20, 1993 X 18. Department of Planning Services field check November 30, 1993 19. Planning Commission field check November 30, 1993 X 20. Planning Commission sign posting December 11, 1993 X 21. Referral from Weld County Assistant Attorney Lee Morrison November 30, 1993 X 22. Referral from Gerrity Oil and Gas Corp December 20, 1993 X 23. Referral from the Weld County Engineering Department December 16, 1993 X 24. State of Colorado Geological Survey December 16, 1993 X 25. Letter from Michael and Barbara Soleta December 16, 1993 X 26. Letter from Lorraine and Albert Michell December 16, 1993 X 27. Letter from Allen Sittell December 20, 1993 X 940261 INVENTORY OF ITEMS Ivar and Donna Larson S-350, Whitetail #1 28. Letter from Guy W. and Bertha Bryant December 20, 1993 X 29. Letter from Wade and Dan Dones December 20, 1993 X 30. Letter from Mark Van Thuyne December 20, 1993 X 31. Letter from R.B. Fickel D.D.S. December 20, 1993 X 32. Letter from Lawrence Barker, Marie Schlautman, and Florin and Sally Schlautman December 18, 1993 X 33. Letter from Gene and Evelyn Ostermill December 19, 1993 X 34. Letter from Glenda Moore December 20, 1993 X 35. Letter from Bacon Lakes Farm December 20, 1993 X 36. Staff handout Soil Survey of Weld County December 21, 1993 X I hereby certify that the 36 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 December 27, 1993. S— �1ci�� onic Danie a, Current Pla er STATE OF COLORADO ) ) COUNTY OF WELD ) nn SUBSCRIBED AND SWORN TO BEFORE ME THIS d... day of 19 '7,,3. SEAL /tLPQ4 tLi-Yk./�J i NOT 4Y PUBLIC My Commission Expires /// Rico 94'40261. AFFIDAVIT The Affiant, Kimberlee A. Schuett, states as follows: 1. That I am a Deputy Clerk to the Board of Weld County Commissioners. 2. That the inventory of items submitted for consideration by the Planning Department (Exhibit A) contained an error. 3. That exhibits numbered 37 through 43 were not listed on the inventory list however, were included in the file submitted to the Clerk to the Boards Office by the Planning Staff. Further, the Affiant sayeth naught. a, \LA(c il Ki berlee A. Schuett SUBSCRIBED AND SWORN �TO before me this day of lipiLL 19111. WITNESS my hand and official seal % i1 Notary Public My commission expires: MX COMMISSION EXPIRES JAN. 1, 1996 940261 EXHIBIT INVENTORY CONTROL SHEET Case S-350 Ivar and Donna Larson (Whitetail #1) Exhibit Submitted By Exhibit Description 37. Hazel Carlson Letter of Opposition 38. Cindy DeMott Letter of Opposition 39. Donald & Valeria Brehm Letter of Opposition 40. Steve Olander Letter of Opposition 41. Lawrence & Mary Starck Letter of Opposition 42. Purushottam Dass Division of Water Resources 43. Applicant Addendum to Covenants 9110261. - 650 DEC h/ E MINOR SUBDIVISION FINAL PLAT APPLICATION N0V I 0 1993 Department of Planning Services, 1400 N. 17th Avenue, Greeley, i . • s . Phone: 353-3845, Ext. 3540 Weld rauntyPlanning FOR PLANNING DEPARTMENT USE ONLY: CASE NO. APPLICATION FEE lf '`�1 ZONING DISTRICT RECEIPT NO. DATE APPL. CHECKED BY TO BE COMPLETED BY APPLICANT: (Print or type only except for required signatures) I (we) , the undersigned hereby request the Department of Planning Services to review a minor subdivision final plat on the following described unincorporated area of Weld County. LEGAL DESCRIPTION: That portion of the East Half and that portion of the Northwest Quarter all beina in Section 14, T4N, R68W of the 6th P.M. , County of Weld as described on the attached sheet. (If additional space is required, attach an additional sheet) . NAME OF PROPOSED MINOR SUBDIVISION Whitetail Acres 1 (Previously called AgView Estates I ) EXISTING ZONING Agriculture TOTAL AREA (ACRES) 105.31 ± Acres NO. OF PROPOSED LOTS 6 (Six) LOT SIZE: AVERAGE 16.4± Acres MINIMUM 6.0- Acres UTILITIES: WATER: NAME Little Thompson Water District SEWER: NAME On-lot septic CAS: NAME Propane ELECTRIC: NAME Public Service PHONE: NAME U.S. West Communications DISTRICTS: SCHOOL: NAME Johnstown RE-5J FIRE: NAME Johnstown Fire District NAME OF APPLICANT Ivar W. Larson PHONE (303) 532-3361 ADDRESS 925 N. County line Road, Rte. 1. Berthoud. CO 80513 NAME OF APPLICANT PHONE ADDRESS NAME OF APPLICANT PHONE ADDRESS I hereby depose and state under the penalties of perjury that all statements, proposals, and/or plans submitted with or contained within this application are true and correct to the best of my knowledge. COUNTY OF WELD STATE OF COLORADO ) • Signature. wner or A thorized Agen Subscribed and sworn to before me this/7,4/f day of(//442114-et, , l9/. (SEAL) ( " Notary Publ / My Commission Expires //---,..10 414 • -X/06)// 91 O 'G 1 Application Requirements For WHITETAIL ACRES 1 The following statements and attachments are in response to the items listed as Application Requirements in the Minor Subdivision Final Plat Procedural Guide. The statements are listed by number as they appear in the Procedural Guide. Item 1. Please see the attached application form. Item 2. This minor subdivision is in compliance with the Weld County Comprehensive Plan. Please refer to the attached letter from Intermill Land Surveying dated July 7, 1993. The attached aerial view color photo illustrates the poor farmland involved in these subdivisions. Lot 1 in both Whitetail Acres 1 and 2 keep the only farmable pieces intact. Item 3. The minor subdivision is located within a 3 mile radius of the existing city limits of Johnstown, Colorado. Please refer to the March 1, 1993 verification letter from Intermill Land Surveying. Item 4. The Little Thompson Water District has made a commitment to provide domestic water service to Whitetail Acres 1 and Whitetail Acres 2. Please refer to the attached commitment letter dated February 6, 1993 and the commitment extension letter dated November 9, 1993 . Item 5. The proposed sewage disposal system is that of individual septic tanks for each lot of the proposed minor subdivision. Percolation Tests were performed and the soils were determined to be adequate. These septic systems will follow the guidelines and criteria set forth in the Individual Sewage Disposal System Regulations, as prepared by Weld County Health Department. Please refer to the attached March 1, 1993, engineering statement regarding percolation tests. Item 6. No hazardous soils exist within the proposed minor subdivisions. The southern property line borders the Little Thompson River and the property below elevation 4850 ' is in the flood plain. The planned building sites are all located above 4860 ' and a minimum distance of 150' west of the centerline of the drainage swale below Schmidt Lake in the Whitetail Acres I . No building sites will be allowed in the southerly part of Lot Two (2) , Whitetail Acres I, in the Colby Loam soil directly south and east of Schmidt Lake below the 94026'1 lake outlet and easterly running irrigation ditch. For more information, please refer to the attached geology report and April 20, 1993, letter from the Colorado Geological Survey Department. Item 7. All roads within the proposed minor subdivisions are to be 24 ' wide with a road section consisting of 4" of gravel with 6" of pit run. This road design will provide adequate width and structural capacity. Item 8 . All offsite streets or highways are adequate in functional classification, width and structural capacity to meet the traffic requirements of the proposed minor subdivision. If off-site road improvements are required as a part of the Final Plat approval, the applicant will address those improvements. Item 9. The construction, maintenance, snow removal and other matters pertaining to or affecting the road and rights-of-way for Whitetail Acres 1 and Whitetail Acres 2 are the sole responsibility of the land owners in the aforementioned minor subdivisions. Item 10. Whitetail Acres 1 and Whitetail Acres 2 are not part of a minor subdivision previously approved by Weld County. Item 11. There will be no on-street parking in the minor subdivision. Item 12. The access to Weld County Road 46 from Whitetail Acres 1 and Whitetail Acres 2 will accomplished by an existing access point to Weld County Road 46. Item 13. Ingress and egress to all lots within Whitetail Acres 1 and Whitetail Acres 2 will be to an internal road circulation system. Item 14. As indicated in the Final Drainage Report, stormwater detention will not be required. The existing drainage facilities are adequate to convey the on-site and off-site stormwater runoff. Please refer to the attached Final Drainage Report for Whitetail Acres 1 and 2. 2 94th?a1 Item 15. All lots with the minor subdivision will be greater than 2.5 acres. Item 16. The maximum number of lots within the minor subdivision will not exceed six. Item 17. The proposed minor subdivision will not cause an unreasonable burden on the ability of local governments or districts to provide fire and police protection, and other services. Please refer to the responses from the Town of Johnstown, Weld County Sheriff and the Johnstown Fire Protection District. Item 18. Please see the attached title commitment dated November 12, 1993 and endorsement deleting two exclusions dated November 17, 1993. Comments are as follows: Item 9 - The 30 foot easement along Weld County section and township lines is shown on the Final Plat. Item 13 - The Panhandle Eastern Pipe Line right-of-way is shown on the Final Plat. Item 14 - The Development standards mentioned were for a horse, cattle and hog special use permit which would be irrelevant now. Item 15 - Easements from the previous recorded exemption are coordinated with current easements on the Final Plat. Item 19. The proposed use for the minor subdivision will be that of single family residential housing with minor agricultural use. Item 20. The items of concern expressed during the minor subdivision sketch and our responses are as follows: March 16, 1993 Memo from Drew Scheltinga WCR 46 is an excellent graveled county road maintained regularly by Weld County. Additional traffic load will be insignificant as grading and maintenance are performed periodically, especially after moisture is received, regardless of traffic count. Most of the traffic will go west 3/4 mile to the frontage road along I-25 and the eastbound 3 9CO261 traffic reaches a black topped road 1 1/4 mile from the Whitetail access. The impact of this traffic is insignificant compared to the traffic that now exists and this county road is already designed for loaded farm truck and rural traffic. The access to this development provides excellent visibility and safety. A stop sign will be placed at the exit for safety. The road plan conforms to the geometric standards of the subdivision ordinance. A 60 foot right-of-way has been platted along with the appropriate easement and is shown on the Final Plat. The storm drainage repairs have been completed since the minor subdivision sketch plan was submitted and can now be inspected by Mr. Scheltinga. It starts with a silt pond dam that releases to Schmidt Lake which has been repaired with an emergency overflow releasing into the drainage way. It contains an elevation control pipe functioning as a principal spillway and a separate drain gate valve. An independent headgate and related pipe have been installed for irrigation to each of the eastern lots that will be served by an underground pipe and alfalfa valve risers. The offsite drainage entering Schmidt Lake provides approximately 120 acre/feet of water annually and is supplemented by other irrigation water deeded to the homeowners that can be ordered through the Home Supply Ditch on an as needed basis. The majority of the drainage improvements have been completed. The end result is a network of detention/retention control of storm runoff enhancing wildlife, wetland and residential development. The only work item to be finished is the installation of two parallel 36" CMP culverts where the road crosses the drainage swale. (Please See the Road Plan) . Elevations of all structures will be well above impact from 100 year storms and the Little Thompson flood plain. Please refer to the Final Drainage Report and the attached correspondence from the Department of Army, Corp of Engineers. March 16, 1993 Memorandum from John S. Pickle, M.S.E.H. , Director, Environmental Health. Conditions 1, 2, and 3, regarding liquid and solid waste storage and disposal have been addressed in the covenants for the Minor Subdivision. Individual septic systems for each residence will be designed according to the Weld County Individual Sewage Disposal Regulations. Water supply for these subdivisions will by the Little Thompson Water District. 4 9402G1 March 19, 1993 Letter from Marion E. Anderson, former property owner, asking for a copy of the covenants. A copy of the proposed covenants has been given to Mr. Roger Steinke, the new property owner. The covenants have been written so as to maintain equal to or better residential housing and related building than the existing surrounding properties. March 22, 1993 Letter from Michael and Barbara Soleta. Item 1 - The Soletas live on an approximately 15 acre lot, smaller than some and similar in size and use to the proposed lots in the Whitetail subdivisions. Item 2 - Beef cattle and horses would probably be raised as well as other agricultural uses on the Whitetail lots and would be compatible with Soletas' agricultural use for beef cattle and horses. Item 3 - Whitetail Acres is located 1/2 mile east of I-25 on Weld County Road 46 in an area that is designed and maintained for traffic. The addition of 12 families would constitute a small percentage of the traffic on this road. Item 4 - The Soletas' approximate 15 acre property would be bordered by Whitetail Acres 2, Lot 1, which is 25 acres in size with one residence allowed. There is a swale between the two properties and the Whitetail building site would be at such a distance from the Soletas' house that it is difficult to understand how it could block their view. Item 5 - This subdivision application is limited to six lots and the covenants state that it is not subject to further subdivision. Item 6 - Whitetail Acres 1 and 2 will not require a public sewer system and the Town of Johnstown, the Fire Department of Johnstown and the Sheriff of Weld County have not expressed a concern for cost of services. The cost impact to Weld County would be less than the increased taxes will supply. Summary - We do not find valid concerns that we can correct or address. March 29, 1993 letter from Timothy T. Carey, Department of the Army, Corp of Engineers. This minor subdivision is designed around the existing wetlands. Recent repair work has enhanced, restored and continues to preserve the existing wetlands. 5 940261 June 10, 1993 letter from Colorado Oil and Gas Commission. There is one producing gas well in Whitetail Acres 2. All building sites will be located at the required, distance from the existing well. Item 21. The total number of lots proposed for Whitetail Acres 1 is 6 . Item 22. The minor subdivision road circulation system consists of a single road with access to Weld County Road 46 and a cul-de- sac at end. The road is 24 feet wide with a 4" gravel surface and 6" of pit run base. The borrow ditch will have 4 (H) : 1(V) side slopes with a depth of 2 feet and a minimum longitudinal slope of 0.6%. There will be no on-street parking within the minor subdivision. Item 23. There will not be a school site, open space or park within the minor subdivision. Item 24. The applicant for this minor subdivision is not dedicating land for schools, parks or other. Item 25. The Little Thompson Water District has committed to serving the minor subdivision's water supply needs. Please refer to the attached commitment letter dated February 6, 1993 and commitment extension letter dated November 9, 1993. Item 26. For each lot in the proposed minor subdivision, a septic system will be designed to handle an average flow of 265 GPD with a maximum flow being 150% of the average flow. The design of the septic systems will follow the criteria and guidelines set forth in the Individual Sewage Disposal Regulations, as prepared by the Weld County Health Department. Please refer to the attached engineering statement dated March 1, 1993. Item 27. Please refer to the attached letters from Public Service Company of Colorado for electricity and the Little Thompson Water District. Item 28 . The list of covenants for the minor subdivision is 6 940261 attached. All easements within the minor subdivision are shown on the Final Plat. The easements are as follows: 20 foot drainage and irrigation easements, 50 foot Panhandle Eastern Pipe Line Company right-of-way, 30 foot section and township line easement, 25 foot postal, irrigation and utility easement, 30 foot drainage, utility and lake access easement, 20 foot drainage and utility easement and 20 foot irrigation easement. All residential structures will be within 500 feet of a fire hydrant. No buildings or trees shall be located within the future reserved right-of-way. Item 29. No access permit is required as a result of these developments. Item 30. No ditch company agreements are required for this minor subdivision. Item 31. There are no existing easements contiguous to easements in the proposed minor subdivisions. Item 32. No subdivision improvement agreements were proposed by the Planning Department. If required as a part of the Final Plat approval, the applicant will address such improvement agreements. Item 33 . No offsite road improvements or agreements were required for this minor subdivision. If required as a part of the Final Plat approval, the applicant will address such improvement agreements. Item 34. Please see the attached Final Drainage Report for Whitetail Acres 1 and Whitetail Acres 2. Item 35. The certified list of names, addresses and parcel identification numbers dated November 17, 1993 is attached. Item 36. Ivar and Donna Larson own the mineral rights within the boundary of the minor subdivision and these rights are leased. Please refer to the attached Affidavit of Interest Owners Minerals and/or Subsurface Estate. Item 37. An erosion control plan was not required as a result of the minor subdivision sketch plan. 7 940261 Item 38. Please see the attached Road Plan and Profile Drawings and Cost Analysis. Item 39. The Paid Tax Receipt from the Weld County Treasurer is attached. Item 40. No public dedications are a result of this minor subdivision. Item 41. Please see the attached warranty deed. 8 a&0211 THAT PORTION OF THE EAST HALF AND THAT PORTION OF THE NORTHWEST QUARTER ALL BEING IN SECTION 14 , TOWNSHIP 4 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONSIDERING THE NORTH LINE OF SAID EAST HALF AS BEARING EAST-WEST AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO: BEGINNING AT THE NORTH ONE-QUARTER CORNER OF SAID SECTION 14; THENCE ALONG SAID NORTH LINE EAST 955.95 FEET; THENCE LEAVING SAID NORTH LINE SOUTH 03°13 '14" EAST 221.02 FEET TO THE BEGINNING OF A TANGENT CURVE; THENCE ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 40°51'08" AND A RADIUS OF 349. 05 FEET, A DISTANCE OF 248.87 FEET; THENCE TANGENT FROM SAID CURVE SOUTH 44°04'22" EAST 308. 40 FEET; THENCE NORTH 88°41'22" WEST 270.96 FEET; THENCE SOUTH 01°18'38" WEST 400.00 FEET; THENCE SOUTH 88°41'22" EAST 360.00 FEET; THENCE NORTH 89°08'52" EAST 30. 02 FEET; THENCE SOUTH 03°00'54" EAST 969.57 FEET TO THE BEGINNING OF A TANGENT CURVE; THENCE ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 07°56'17" AND A RADIUS OF 470. 00 FEET, A DISTANCE OF 65. 12 FEET; THENCE TANGENT FROM SAID CURVE SOUTH 10°57'11" EAST 147.77 FEET TO THE BEGINNING OF A TANGENT CURVE; THENCE ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 31°04'38" AND A RADIUS OF 230.00 FEET, A DISTANCE OF 124 .75 FEET; THENCE TANGENT FROM SAID CURVE SOUTH 20°07'27" WEST 68.39 FEET TO THE BEGINNING OF A TANGENT CURVE; THENCE ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 66°12'33" AND A RADIUS OF 280. 00 FEET, A DISTANCE OF 323. 56 FEET; THENCE TANGENT FROM SAID CURVE SOUTH 86°20'00" WEST 152. 61 FEET; THENCE SOUTH 11°58'48" EAST 871. 35 FEET; THENCE SOUTH 89°16'03" WEST 797 . 34 FEET; THENCE SOUTH 35°30'02" WEST 805. 64 FEET, MORE OR LESS, TO A POINT ON THE WEST LINE OF SAID EAST HALF; THENCE ALONG SAID WEST LINE NORTH 00°30'36" EAST 167. 19 FEET, MORE OR LESS, TO THE CENTER SOUTH ONE SIXTEENTH CORNER OF SAID SECTION 14 (AS MONUMENTED IN FIELD BY 1/2" REBAR AND CAP MARKED L.S. 7242) ; THENCE CONTINUING ALONG SAID WEST LINE NORTH 00°30'30" EAST 2444 . 11 FEET; THENCE LEAVING SAID WEST LINE THE FOLLOWING ELEVEN (11) COURSES AND DISTANCES: NORTH 09°54'30" WEST 300.00 FEET; 940261 NORTH 19°49'30" WEST 400.00 FEET; NORTH 60°04'30: WEST 255.00 FEET; NORTH 38°50'30" EAST 50.00 FEET; SOUTH 77°19'30" EAST 155. 00 FEET; NORTH 34°40'30" EAST 58.50 FEET; SOUTH 33°44'30" EAST 58.00 FEET; SOUTH 57°29'30" EAST 85.00 FEET; SOUTH 31°44'30" EAST 88 .07 FEET; NORTH 70°29'37" EAST 17.36 FEET; SOUTH 65°22'25" EAST 34 .98 FEET, MORE OR LESS, TO A POINT ON THE SAID WEST LINE OF THE EAST HALF; THENCE ALONG SAID WEST LINE NORTH 00°30'30" EAST 857. 50 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 105. 31 ACRES, MORE OR LESS. 940261 I-ntermill Land Surveying •Reg.slered in Colorado 6 Wyoming IMN 1301 N. Cleveland Ave. Loveland, Colorado 80537 a .. (303) 669-0516 July 7, 1993 Mr. Chuck Cunliffe, Director Department of Planning Services 1400 N. 17th Avenue Greeley, Colorado 80631 RE: AgView Estates I and II Minor Subdivisions CASE #: S333 and S334 Dear Mr. Cunliffe: • This letter is drafted to present information to the Weld County Planning Department relative to establishing the compliance of the AgView Estates Projects with the Weld County Comprehensive Plan. The projects, as proposed, represent the minor subdivision of two contiguous tracts in the East 1/2, 5.14, T.4N., R.68W. The projects have frontage on Weld County Road 46 and an existing public assess easement. The two parcels of land are located within three miles of Johnstown in the Urban Growth Area. The properties in the immediate vicinity are existing farm houses and recently subdivided property that will have new homes. At present, there are 10 houses within one- quarter mile of this property, a recently approved minor subdivision borders the east boundary and the Northmoor subdivision is located approximately 1 mile to the-southeast— The proposed subdivisions are compatible with the surrounding homesites in that the proposed lots are similar to those in the immediate area, but larger than Northmoor's, and the proposed homes will be of equal or better quality than the homes which currently exist in the area. All services except natural gas currently exist in the vicinity of the site. The applicants, Ivar and Donna Larson, acquired this property in 1992 from a lender who had foreclosed on it. This was not the first foreclosure as the ground is not economical to farm. As you may or may not know, the Larsons operate several farms in Colorado and Kansas. The Larsons are well aware of the agricultural characteristics of this property and have first hand experience with how difficult these pieces are to properly farm. The Larsons have had to use intensive farming procedures such as continual spraying, installing a circle irrigation system, rebuilding water storage dams and constant"hand"labor in order to clean up and control the massive noxious weed problems and bring some productivity to the 940261 Mr. Chuck Cunliffe Page 2 July 7, 1993 ground. Specific difficulties are indicated below: 1. The properties contain a rolling, south sloped 209 acre drainage way to the Little Thompson River from the surrounding area to the north,west and east. From the road you can see two small flat fields (approximately 20 acres each) - but the rest is cut up into irregular patches making row crops difficult to manage and impossible to flood irrigate because of the rolling, sloping hillside. The farmers who have tried in the past have lost the property through bankruptcy. 2. The property is highly infested with noxious weeds because of the inability to farm it with normal, economically feasible procedures. The Larsons are currently using intensive,non-economical procedures in order to clean up this eyesore and establish some productivity. Once some control is accomplished, the Larsons plan to put the properties into grasses to better manage this drainage way and establish pastures for the proposed lots. The Weld County Comprehensive Plan addresses the various concerns which the Larsons have in the section entitled "Concerns of Farming as an Industry". The two tracts of land proposed for subdivision are not economically viable farms as demonstrated by-the previous bankruptcies. The additional production expense the Larsons are currently incurring to manage them is not feasible long term. It should be emphasized that the proposed minor subdivision properties will be of similar size and quality to the rural properties already existing in this area and that these parcels are not economical or accessible for farming for profit The only two farmable tracts are kept intact by the proposed lot splits and would be economically feasible for the individual owners to handle with smaller equipment, custom hire and concentrated effort. The lot sizes proposed for each subdivision will allow more concentrated care of each piece, especially noxious weed control and flood irrigation management, by each individual landowner and will enhance the overall rural atmosphere of this area. The pipeline installed to service the overhead sprinkler will provide a year around, pressurized fireline for the subdivisions and the hardware can be transferred to another more productive farm. The lot splits in the two subdivisions have all been arranged by slope so that each owner will be able to flood irrigate his lot The additional time required will be possible because of the smaller area each owner will have to manage and cover with water. The highest and best use of this sloped, drainage area would be rural homesites placed in pasture grasses to enable focused soil,water, weed control and drainage management The area is currently served by public water, Weld County Road 46 access and is within the / three mile Urban Growth area to the City of Johnstown. 94026i Mr. Chuck Cunliffe Page 3 July 7, 1993 The above facts illustrate that the development of the subject properties will be in compliance with the spirit of the Weld County Comprehensive Plan. Sincerely, • INTERMILL LAND SUR YING INC.,( . .d.e.Larry G. termill Colorado LS. 12374 LGI/dml 940261 NF . iti_sii ... . . .., gt , - I ' -is./. / u •% a i raN ; . /.. f. ... - , / _ \•�1 •� .tom �' ' . s_ ... a. . r 7 a _n !• \ . ..0 ^: Pcr . M es2 o lir d' it . , 'Ng- — • • > • - 1 ...4Ak Not e ' riE Includedto cc •• ` � , v 1~ (di Whitetait ores _' , �ti a a 1'�Fi • ., �• 1 rde „!� North 9 l um ilet .............__4t. .. J P .,..1InterstaT�2� �� •Msmmoi••"'"•rlrs"a". ate -v1_ . ♦_ r 940261 -/legrsieied m Goloteoo& Wyoming 1301 N. Cleveland Ave. 1 Loveland, Colorado 80537 (303) 669-0516 . 4_ • Hatch 1 , 1993 • • Department of Planning Services Weld County Administrative Services . 1400 N. 17th Avenue Greeley, CO 80631 • RE: Ag View Estates I and II - Verification of site location to be within a 3 mile radius of an existing city limit. East 3, Section 14, Township 4 North, Range 68 West , County of Weld. Dear Sir/Madam; This letter is to verify that the proposed site for Ag View Estates I and II is situated within a three mile radius of the existing city limits of the City of Johnstown. If you should have any questions or concerns, please feel free to call me at 669-0516. Sincerely, INTERMILLLAAND SURVEYING C. Larry . Intermill, Colo. LS #12374 940261 — •Registered in Colorado& Wyoming 1301 N. Cleveland Ave. Loveland, Colorado 80537 • ` r (303) 669-0516cptiy • March 1 , 1993 • Department of Planning Services Weld County Administrative Services . 1400 N. 17th Avenue Greeley, CO 80631 RE: Ag View Estates I and II - Verification of site location to be within a 3 mile radius of an existing city limit. East 3, Section 14, Township 4 North, Range 68 West, County of Weld. • • Dear Sir/Madam; This letter is to verify that the proposed site for Ag View Estates I and II is situated within a three mile radius of the existing city limits of the City of Johnstown. If you should have any questions or concerns , please feel free to call me at 669-0516. Sincerely, INTERMILL LAND SURVEYING.TN C. Larry . I termill, Colo. LS #12374 • 940261 LITTLE i HOMPSON WATER LASTRICT DIRECTORS: Telephone 532-2096 Glenn W.Gown November 9, 1993 307 Welch Avenue President Drawer G Leo Batel Berthoud.Colorado 80513 Keith Croonoum Tom Reynolds Dew Anderson Carey J.Saiomonson Jaynes W.Svon MANAGER: Richard H.H.Whitbt Mr. Ivar Larson 925 North County Line Road Berthoud, Colorado 80513 Re: Service Commitment Dear Mr. Larson; This letter supersedes our letter to you of February 6, 1993 in which we made a formal commitment for service to the property described as follows: Property located in the NE 1/4 of Section 14 , Township 4N, Range 68 West of the 6th Principal Meridian in Weld County, Colorado. It is proposed that the existing parcel be divided into 12 lots of undetermined size for residential use. The request is for twelve (12) standard 5/8" X 3/4" residential water taps (one per lot) . We currently have a 3" diameter water line located along the north side of Weld County Road 46 in the above described area with additional capacity available. Therefore, we will commit to provide service to these lots via one standard residential water tap per lot with the following conditions: 1. A line extension will be required to provide service. This line extension and associated appurtenances will be the financial responsibility of the developer. 2 . All other improvements to District facilities required to provide service will be the financial responsibility of the developer in accordance with District Rules and Regulations. All improvements must conform to District Specifications. 940261 November 9, 1993 page two 3 . It is my understanding that fire flow has been addressed by means of a charged pipeline from a lake on the property. This letter is intended to update the previous commitment issued on February 6, 1993 , and extend the expiration date to November 8, 1994 . This commitment will expire one year from the date of this letter if the taps have not been purchased and installed by that date. The current fee for the above described water tap(s) is $4 , 000. 00 (each) and is subject to change without notice. If you have any questions, or should you need additional information, please contact our office. Best Rega\rds, eac c,A Ji Barry 4R1cke Operations Manager o4n�c, LITTLE T''OM'IPSON WXI'LR DI`'"[TIC I Telephone 532-2096 Gle 307 Welch Avenue Glenn i O GS W Gibson February 6 , 1993 Drawer Berthoud.Colorado 8051 Leo Haim ? re,m Cloonoull Tom R.y„oiea Dean Argenon Ca cy.1 Selomonson Jere,W.5uon MANAGER: Rlcnud H.H.WNllel . Mr. Ivar Larson 925 North County Line Road Berthoud, Colorado 80513 • Re: Service Commitment Dear Mr. Larson; This letter is in response to your request that the Little Thompson Water District commit to provide domestic water service to _ property described as follows: Property located in the NE 1/4 of Section 14 , Township 4N, Range 68 West of the 6th Principal Meridian in Weld County, Colorado. It is proposed that the existing parcel be divided into 12 lots of undetermined size for residential use. The request is for twelve (12) standard 5/8" X .3/4" - residential water taps (one per lot) . We currently have a 3" diameter water line located along the north side of Weld County Road 46 in the above described area with additional capacity available. Therefore, we will commit to provide service to these lots via one standard residential water tap per lot with the following conditions: 1. A line extension will be necessary to provide service. This line extension and associated appurtenances will be the financial responsibility of the developer. 2 . All other improvements to District facilities required to provide service will be the financial responsibility of the developer in accordance with District Rules and Regulations. All improvements must conform to District Specifications. 3 . Conventional fire flow is not available to this area without major improvements to the District' distribution system. We recommend the use of residential fire sprinkler systems or on-site water storage to accommodate fire suppression requirements. 940261 • February 6, 1993 page two This commitment will expire one year from the date of this letter if the taps have not been purchased and installed by that date. The current fee for the above described water tap(s) is $4 , 000 . 00 (each) and is subject to change without notice. The fee for residential fire sprinkler system taps varies according to size requirements. Please check with our office to determine those tap . fees if necessary. If you have any questions, or should you need additional information, please contact our office. Best Regards, -73 cQke 3 Barry Operations Manager • • 940261 LITTLE I HOMPSON WATER L (STRICT DIRECTORS: Telephone 532-2096 Glenn W.Gloacn November 9 , 1993 307 WelCh Avenue President Drawer G Leo Bake Berthoud.Colorado 80513 Keith Croonguist Tom Reynolds Dean AMenon Carey J.Salomonson James W.Shen MANAGER: Richard H.H.Whitten Mr. Ivar Larson 925 North County Line Road Berthoud, Colorado 80513 Re: Service Commitment Dear Mr. Larson; This letter supersedes our letter to you of February 6, 1993 in which we made a formal commitment for service to the property described as follows: Property located in the NE 1/4 of Section 14 , Township 4N, Range 68 West of the 6th Principal Meridian in Weld County, Colorado. It is proposed that the existing parcel be divided into 12 . lots of undetermined size for residential use. The request is for twelve (12) standard 5/8" X 3/4" residential water taps (one per lot) . We currently have a 3" diameter water line located along the north side of Weld County Road 46 in the above described area with additional capacity available. Therefore, we will commit to provide service to these lots via one standard residential water tap per lot with the following conditions: 1. A line extension will be required to provide service. This line extension and associated appurtenances will be the financial responsibility of the developer. 2. All other improvements to District facilities required to provide service will be the financial responsibility of the developer in accordance with District Rules and Regulations. All improvements must conform to District Specifications. 940261 November 9, 1993 page two 3 . It is my understanding that fire flow has been addressed by means of a charged pipeline from a lake on the property. This letter is intended to update the previous commitment issued on February 6, 1993 , and extend the expiration date to November 8 , 1994 . This commitment will expire one year from the date of this letter if the taps have not been purchased and installed by that date. The current fee for the above described water tap(s) is $4, 000. 00 (each) and is subject to change without notice. If you have any questions, or should you need additional information, please contact our office. Best Regards, Operations Manager 940261 FINAL DRAINAGE REPORT FOR WHITETAIL ACRES 1 & . WHITETAIL ACRES 2 CDS ENGINEERING CORPORATION 1714 TOPAZ, SUITE 215 LOVELAND CO 80537 P93-7548 NOVEMBER 16, 1993 \o�ammmr°nnii� Prepare • Approved HY= % 110177" �n d +J•�,• c� ... X52 ' Richard B. Thornton J . 690:911y, PJ �ii;'�i�9+...wad�,.•�: 940261 1 A. Location The site is located approximately 1. 5 miles to the southwest of Johnstown on Weld County Road 46. More precisely, the site is located in a portion of the east half of Section 14 , Township 4 North, Range 68 West of the 6th Principal Meridian. This information can be seen on "Exhibit 1", entitled Vicinity Map. B. Existing Conditions The site is approximately 190. 3 acres with ground slopes ranging from 1% to 6%. The site is presently used for agricultural purposes and is irrigated by a center pivot sprinkler system that draws water from Schmidt Lake. Also, an irrigation ditch follows the north boundary of the site and a drainage swale borders the northeast property line. Furthermore, another drainage swale is located along the east boundary of the site. This swale collects tailwater from the farm land to the west and conveys it to Schmidt Lake and the Little Thompson River. This information is shown on "Exhibit B", entitled Drainage Plan. Minor irrigation and agricultural drainage structures have been constructed and installed since the submittal of the Sketch Plan. The storm drainage improvements that are in place at the time of this report are being considered as existing features. The existing storm drainage features were designed to pass off-site stormwater runoff through the site. These existing features consist of a sediment pond 2 with a 36" CMP outlet releasing water into Schmidt Lake. Schmidt Lake has an emergency spillway and 12" CMP pipe controlling the pond elevation by acting as a principal spillway. Schmidt Lake also has a drain gate valve and an independent headgate and pipe system that delivers irrigation water to the east portion of the site. The emergency spillway and principal spillway release into a natural drainage swale that carries water to a pond located approximately 500 feet north of the Little Thompson River. This pond also has an emergency spillway and a principal spillway with the principal spillway consisting of a 24" CMP pipe. From this point, stormwater flows to the Little Thompson River by a natural drainage swale. All previously installed modifications were made for purposes of optimizing the irrigation system on this property and were reviewed by the U.S. Army Corps of Engineers for compliance with wetlands criteria. This information is shown on "Exhibit B" , entitled Drainage Plan. Schmidt Lake Dam is not proposed to be modified as a part of this development. The applicant recognizes that modifications to dams are under the jurisdiction of the Colorado State Engineer. No homes will be constructed in the floodway below the dam. Therefore, the hazard rating of the structure will remain unchanged. 940261 3 C. Proposed Development The proposed development of this 190. 3 acre site consists of creating two minor subdivisions with a combined total of 12 lots. A private 24" wide gravel road will be constructed through the center of the site along the property line that divides the two minor subdivisions. A borrow ditch is proposed to be constructed on either side of the roadway carrying stormwater runoff in a southerly direction. The proposed development will be that of single family residences with light agricultural use. D. Design Methodology The Rational Method was used to compare the post- development conditions to the existing conditions. A weighted average relationship was used to determine the post-developed runoff coefficient. The percent increase in the runoff coefficient was used to determine if stormwater detention would be required. This report follows the criteria set forth in the Larimer County Stormwater Management Manual. E. Results For the existing conditions, the runoff coefficient was determined to be 0. 30. For the proposed conditions (post- developed) a composite runoff coefficient was determined to 940261 4 be 0. 31. This is only a 3 . 3% increase which will result in a minimal increase in stormwater runoff. P. Conclusions and Recommendations Based on the above small increase in the runoff coefficient and the fact that stormwater discharges directly to the Little Thompson River, it is proposed that stormwater detention is not necessary. Borrow ditches along either side of the road are to be 2 . 0 feet deep, 4 : 1 side slopes and at a longitudinal slope greater than or equal to 0. 6% . Two 36" CMP culverts are proposed to be installed under the roadway where it crosses the natural drainage swale downstream of Schmidt Lake (see "Exhibit B") . The roadway elevation at this crossing will be high enough so that low frequency storms will not overtop the roadway. It is also recommended that the roadway embankment be rip-rapped at this location. The elevations of all residential structures will be above 4850 feet which corresponds to the Little Thompson flood plain elevation. Other recommended building elevations for the remaining lots in this development are shown on "Exhibit B" , entitled Drainage Plan. It is also recommended that the dam for Schmidt Lake and the dam for the southern pond be rip-rapped for erosion protection. 940261 " If'Y.-7701.)/ZT 6._� CO. . 116 ..-sr-oere is:A..1zr" k . iA I . LOT 1 ^+.'✓2 IT-7,4:T.1 LCT 1 , \ CM? c.1L:KT I AAA -j91 O @ \ . iI II ;.2"CT- OLt2 r7 '^J// I I. 0 LOT 2 Ed c2hc`—Y..Y e,/al' 1 o y yq07 • LOT 2 III LOT 3• ^' OT 3 I O \ a LOT 4 ,-* .., '1) N ^ S LOT 4 c `5F'J LOTS ` -�,/ d• =T /• '`.i'� O r Y67O - LOT /^ • EXHIBIT B Ly----- DRAINAGE ?LAN SCALE: i"=s00' -EYD2 % fn —Lima- ToNP.s2w '3vZX Agin` C '� — Al--✓ ft Tr' ;i t-, ;.U�Pr,,� — .i (14112G1K l `fy—n_ � \ ---. ply — rC \\ y ' \' ' r . _- \ N. 1. V N �, vi• . \\ _ �, C am` // \ JA J I N. 10 efl - \ 0 ' r^ t� 7. .I'.' 'a eo air i' r m c__ o / \ �`• ,` III \ - — I.1'I• �• 6 C= 3 L' II -- = `\ r. ' ;: I •1 C p l u ? � ., —� j� SH 60 ;Id \ ,S . I / 1.--Weld Co. Rd 11 f6 `1 to c e e _--_ ' \_ s i.e.?'• i Slte _ a N � �' 1 0 °' EXHIBIT/ A-- �t� - =J�, , w ill VICINITY MAR i Iro --N\r e LE: 1'-10A0' e l II •�d— �_ - 1-25 ` ' 1.(1" N.\\ DEPARTMENT OF PLANNING SERVICE'S i PHONE (303)353.3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICE p Ce O ORAOAVENU C5 GREELEY,DINI COLORADO E 31 COLORADO Ore. March 11, 1993 CASE NUMBER: S-333 TO WHOM IT MAY CONCERN: Enclosed is an application from Ivar and Donna Larson for a Minor Subdivision Sketch Plan. The parcel of land is described as part of the E2 of Section 14, T4N, R68W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 2-1/2 miles southwest of Johnstown. 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 1, 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. v 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. }l 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: O-1244-6Q-7,64-7--- Agency-Thv:IN\ C�rc lcMN�TQL �,iV Dace. kg93 N . MAR 2 7 1993 aram ro+•Itty Planning a4n2Gt *ie ( rnEfflORAf1DUI1i II�MAR 1 7�_ �� 1993W ilk To Chuck Cunliffe n3 Data 4nrth 36 1993 COLORADO From Drew Crhel tinges_ Subjacr. Tvar and Donna Larson Ag View Estates #1 & #2 S-333 & S-334 Section 4 of the Weld County Subdivision Ordinance allows for the creation of minor --subdivisions with less than 6 lots. Ag View Estates #1 & #2 have 6 lots each and a part of the same development. I can see no reason for separate applications except to avoid the extra requirements of a normal subdivision submittal. My review and comments are for both Ag View Estates #1 & #2. WCR 46 is a gravel county road with traffic counts- varying from 92 to 126. A development of an additional 12 lots would generate between 75 and 100 cars a day. This would nearly double the maintenance requirements of Weld County. The applicant should address the impact of additional traffic. The sketch plan indicates a 60' access, utility and irrigation easement serving the 12 lots. It should be a dedicated right-of-way with appropriate utility easements throughout the subdivision as called for in the subdivision regulations. On the southern part of the , roadway, the sketch plan indicates a crooked alignment with no curves. The road needs to be designed to the geometric standards required by the subdivision ordinance. Irrigation uses are also indicated in the right-of-way. I do not recommend irrigation ditches be included in the road right-of-way. The portion of the road that serves lots #3, #4, #5 and #6 in Ag View Estates #1 lies in a downstream drainage area of Schmidt Lake. Particular attention should be paid in the final design process to keep the road away from any drainage problems and out of saturated soils. The typical cross section is adequate, but the minimum culvert size should be 18" as opposed to the 12" shown. There is no technical material supplied to back up the information supplied in the drainage report. Many general statements are made that will require detailed engineering submittals if this project proceeds to final plating. The supplemental storm drainage information dated March 8, 1993, under Sec. 10.11.1 indicates an overall off and on site review was completed by the Department of Army, Corps of Engineers. This information should be provided. The last page of the supplemental storm drainage information contains a sketch which indicates quite a bit of work is to be done on. the Schmidt Lake dam and its drainage way. The work includes rebuilding an emergency overflow, installing a headgate, repairing underground drains, and additional work around the facility labeled detention\retention pond. No information is supplied on Schmidt Lake or the off site area draining to it. I suspect work on these dams may be under the purview of the State Engineer's Office. Detailed and extensive information on the proposed work must be supplied at the final plat stage. Minimal information was supplied for the sketch plan review. Therefore, other concerns may arise in future reviews that are not addressed in this memo. DS\pds:mchuckl • cc: Commissioner Baxter S - 333 & S - 334 940261 . If' t‘aI • 4 DEPARTMENT OF PLANNING SERVICES. Wiige PHONE(303) 353.3545, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES140 N. RA AVENUE GREELEY, COLORADO 50631 COLORADO March 11, 1993 CASE NUMBER: S-333 TO WHOM IT MAY CONCERN: Enclosed is an application from Ivar and Donna Larson for a Minor Subdivision Sketch Plan. The parcel of land is described as part of the E2 of Section 14, T4N, R68W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 2-1/2 miles southwest of Johnstown. 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 1, 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. P1 se er to the enclosed letter. Signed: Agency: Sf 1 FP- Date: II 211 ,r rryy MAR 1 7 1993 .. _ • 940261 IVAR W. LARSON, Professional Engineer State of Colorado No. 13879 925 North County Line Road, Route 1 Berthoud, Colorado 80513 Telephone and Fax: (303) 532-3361 March 1, 1993 Department of Planning Services Weld County Administrative Services 1400 N. 17th Avenue Greeley, CO 80631 RE: Percolation Tests on Ag View Estates I and II East 1/2, Section 14, Township 4 North, Range 68 West, County of Weld Dear Sir/Madam: As requested, percolation tests and open hole pit were researched on the soil of said property. The results were found to be within acceptable limits set forth by the Weld County Health Department. If you have any questions concerning this report, please contact this office. Sincerely, 1 • Ff i r rl .i)• r ar W. Larson, P.E. #13879 r 940261 • ENGINEERING GEOLOGY REPORT AG VIEW ESTATES I AND II WELD COUNTY, COLORADO IVAR W. LARSON, Professional Engineer State of Colorado No. 13879 925 North County Line Road, Route 1 Berthoud, Colorado 80513 Telephone and Fax: (303) 532-3361 March 1, 1993 940261 • AG VIEW ESTATES I AND II • SCOPE AND USE This report presents geologic data, interpretation, and evaluation which pertains to the development of the proposed Ag View Estates I and II in Weld County, Colorado. Ag View Estates I and II are proposed 103 and 86 acre (respectively) developments on a parcel of land southwest of the Town of Johnstown, Weld County, Colorado. The intent of this subdivision is to provide lots for residential development with limited agricultural use. More particularly, the sites are located in that portion of the East Half and that portion of the Northwest Quarter all being in Section 14, Township 4 North, Range 68 West of the 6th Principal Meridian, County of Weld, State of Colorado. SITE INVESTIGATION This investigation included a site inspection by me and information obtained from the Soil Survey of Weld County. Colorado: Southern Part, by the U.S.D.A. Soil Conservation Service and the Potentially Swelling Soil Land Rock in the Front Range Corridor. Colorado, by the Colorado Geological Survey. 940261 AG VIEW ESTATES I AND II - Page 2 GEOLOGY General Location • The site lies in the Colorado Piedmont section of the Great Plains Physiographic Province. Slopes at the site are gentle to steep with drainage generally flowing to the southeast with a maximum slope of approximately seven percent (7%). Each building lot contains a high spot to eliminate water problems and provide excellent drainage away from improvements. The existing soils show low to moderate swell potential with no existing radiation hazards. Potential Geologic Hazards Geologic hazards caused by gravity, such as landslides, rockfall, mud and debris flows, and snow avalanches will not be a problem on this site. The SCS described the soils at the site as: �1. Nunn Clay Loam (1% to 3% slopes) 2. Colby Loan (5% to 9% slopes) . Weld Loam (3% to 5% slopes) 4. Otero Sandy Loam (5% to 9% slopes) These soils are described by the SCS as well suited for urban and recreational development and irrigated farm land and/or dryland pasture. The soils which are to support foundations, are well suited to support the 940261 AG VIEW ESTATES I AND II - Page 3 foundation loads. Each building site should be evaluated by an engineering geologist prior to construction with an engineered foundation so as to minimize the effects of clay- . loam soils on the structures. Flood Plain No building sites should be allowed in the flood plain which exists below elevation 4850' as shown on the vicinity map. The planned building sites are located above 4860' and a minimum distance of 150' west of the centerline of the drainage swale below Schmidt Lake in the Ag View Estates I. No building site should be allowed in the southerly part of Lot Two (2), Ag View Estates I, in the Colby Loam soil directly south and east of Schmidt Lake below the lake outlet and easterly running irrigation ditch. The building site for this lot is planned above the east-west irrigation ditch in this lot. The other building sites are the highest points within each lot. In summary, each building site planned for Ag View Estates I and II is considerably above the flood plain. GROUNDWATER RESOURCES Potable water is to be supplied by the Little Thompson Valley Water District. Live water and ponds may be used for livestock water pending acceptable water tests and applicable permits. SUMMARY, CONCLUSIONS AND RECOMMENDATIONS A geotechnical investigation should be performed for each lot to determine the 940261 AG VIEW ESTATES I AND II - Page 4 recommended soil bearing capacities, followed by an engineered foundation for each structure, and construction performed as per the existing codes and regulations and such testing. Based on the data mentioned in this report, these sites are suitable for the proposed Ag View Estates I and II provided the recommendations in this report are met. Ivar W. Larson;P.E. #1.f18792tc. 940261 STATE OF COLORADO • COLORADO GEOLOGICAL SURVEY a ca,o� Department of Natural Resources 1 313 Sherman Street, Rm. 715 Z Denver,Colorado 80203 • D • ton Phone(303)866-2611 FAX(303)866-2115 Roy Romer Governor Ken Salazar — Executive Director • Wm.'Par Rosen Acting Director 6 April 20, 1993 stem Geologist Mr. Chuck Cunliffe Department of Planning Services Weld County Administrative Offices • 1400 N. 17th Avenue Greeley CO 80631 • WE-93-0O09 Re: AG View Estates I Dear Mr. Cunliffe: • We have reviewed the materials submitted in support of this - subdivision application and the general and engineering geology of the site: • With the exception of some potential for swelling soils and radon accumulation, there are no geology-related problems on this tract. . Both the soils and radon potential can be easily mitigated by standard engineering design and construction practices and we, therefore, have no objection to the approval of this application. Yours very truly, Jeffrey L. Hynes Senior Engineering Geologist • JH:B: \gs • II PR 2 3 1993 yllllll • 940261 �r_h s DEPARTMENT OF PLANNING SERVICES RHONE (303) 353- a5, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 11 1400 N. 17TH .:VENUE GREELEY, COLORADO 50631 t Nf' - • COLORADO March 11, 1993 CASE NUMBER: S-333 TO WHOM IT MAY CONCERN: Enclosed is an application from Ivar and Donna Larson for a Minor Subdivision Sketch Plan. The parcel of land is described as part of the E2 of Section 14, T4N, R68W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 2-1/2 miles southwest of Johnstown. 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 1, 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. X We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please refer to the enclosed letter.Signed: &V/ r aea-teti Agency: ,4.(C , - ,-i I/7 .42 . Date: ,g I\ MAR 1 6 1993 940261 STEWART TITLE OF GREELEY, INC. 916 10th Street Greeley, Colorado 80631 Phone No. (303) 352-4571 Fax No. (303) 352-1815 November 17, 1993 ORDER NO. 93002607 RE: LARSEN/TBD IVAR AND DONNA LARSON 925 NORTH COUNTY ROAD BERTHOUD, CO 80513 Original In connection with the above Order No. we are transmitting the following: Title Commitment _ Endorsement _XX_ Policy Tax Certificate Foreclosure Certificate Other THANK YOU for your 'Title Insurance and Escrow Closing" business! Please specify "STEWART TITLE SERVICES" in the future! If you have any questions regarding this endorsement, please call WAYNE CRAVEN at (303) 352-4571. Amer urr _dfU .t a ASSoc.atRon ,.urn .u.n ent .o..! ie� ....,. - -1 se: COMMITMENT FOR TITLE INSURANCE Y•• ISSUED BY 7; - ., ' :ri•J STEWART TITLE GUARANTY COMPANY .1.s ...IC,: At., •M _. ter, 'em• STEWART TITLE GUARANTY COMPANY, A Texas Corporation, herein called the Company, for valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in 'Al' Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate - e or interest covered hereby in the land described or referred to in Schedule A, upon payment of the sr; premiums and charges therefor;all subject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof. . ti i This Commitment shall be effective only when the identity of the proposed Insured and the amount - ; M; of the policy or policies committed for have been inserted in Schedule A hereof by the Company, ,-t;• t either at the time of the issuance of this Commitment or by subsequent endorsement. y This Commitment is preliminary to the issuance of such policy or policies of title insurance and all =y. ,i,.:t,, liability and obligations hereunder shall cease and terminate six months after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that the , , v failure to issue such policy or policies is not the fault of the Company. This Commitment shall not be G valid or binding until countersigned by an authorized officer or agent. IN WITNESS WHEREOF, the Company has caused this Commitment to be signed and sealed, to become valid when countersigned by an authorized officer or agent of the Company, all in accordance with its By-Laws This Commitment is effective as of the date shown in Schedule A as"Effective Date." e STEWART TITLE •k:' / GUARANTY COMPANY nD,,,./ /J �,(��, ,0 Chairman of the Boar :as President i Countersigned by: 7.-e% 19 0 8 e,e rc"x'asrm" t . 4 Authorized Si tory : .V; ' STEWAR TITLE OF GREELEY , Company 916 10m Street ' Greeley, CQ 80631 .;1, City,State t. s i dt � ...� .V . se.iallo:C1601 294325 . - .. ,� .� " . � 165 940?`'t STEWART TITLE OF GREELEY, INC. 916 10th Street Greeley, Colorado 80631 Phone No. (303) 352-4571 Fax No. (303) 352-1815 November 16, 1993 ORDER NO. 93002607 RE: LARSEN/TBD IVAR AND DONNA LARSON 925 NORTH COUNTY ROAD BERTHOUD, CO 80513 Original In connection with the above Order No. we are transmitting the following: Title Commitment _XX_ Endorsement to Policy Policy Tax Certificate Foreclosure Certificate Other THANK YOU for your "Title Insurance and Escrow Closing" business! Please specify "STEWART TITLE SERVICES" in the future! If you have any questions regarding this endorsement, please call WAYNE CRAVEN at (303) 352-4571. 940261 ENDORSEMENT TO TITLE Cv...MITMENT ISSUED BY STEWART TITLE GUARANTY COMPANY, HEREIN CALLED THE COMPANY. DATE: November 17, 1993 ORDER NUMBER: 93002607 SELLER: LARSON BUYER: TBD ADDRESS: ENDORSEMENT NO. 1: ITEM NO. 1 OF SCHEDULE B SECTION 1 is DELETED. ITEM NO. 12 OF SCHEDULE B SECTION 2 is DELETED. This endorsement is made a part of said commitment and is subject to the schedules, conditions and stipulations therein, except as modified by the provisions hereof. Nothing herein contained shall be construed as extending or changing the effective date of said commitment unless otherwise expressly stated. Signed under seal for the Company, but this endorsement is to be valid only when it bears an authorized countersignature. Carloss Morris Stewart Morris Chairman President Countersigned: BY: WA E. 2gv- AUTHO ZED COUNTERSIGNATURZ�'` 94©261 SCHEDULE B - SECTION 1 ORDER NUMBER: 93002607 COMMITMENT NUMBER: N/A REQUIREMENTS THE FOLLOWING ARE THE REQUIREMENTS TO BE COMPLIED WITH: ITEM (A) PAYMENT TO OR FOR THE ACCOUNT OF THE GRANTORS OR MORTGAGORS OF THE FULL CONSIDERATION FOR THE ESTATE OR INTEREST TO BE INSURED. ITEM (B) PROPER INSTRUMENT(S) CREATING THE ESTATE OR INTEREST TO BE INSURED MUST BE EXECUTED AND DULY FILED FOR RECORD, TO WIT: 1. Correction deed from L. & L. , INC. , A COLORADO CORPORATION to IVAR W. LARSON AND DONNA M. LARSON. This requirement is necessary because in the deed from L & L. , INC., A COLORADO CORPORATION to IVAR W. AND DONNA M. LARSON recorded MARCH 5, 1993 in Book 1372 at RECEPTION NO. 2324103, the legal description appeared as "RANGE 63." whereas subject property is described as "RANGE 68." 2. THE REQUIREMENTS FOR THIS COMMITMENT SHALL BE DETERMINED AT A LATER DATE 3. NOTE: "The COMPANY reserves the right to make any additional REQUIREMENTS AND/OR EXCEPTIONS to this commitment and any subsequent ENDORSEMENTS thereto, once the NAME(S) of the INSURED(S) and the AMOUNT(S) of LIABILITY have been DISCLOSED" 4. Payment of all taxes and assessments currently due and payable, if any. 940261 SCHEDULE A ORDER NUMBER: 93002607 COMMITMENT NUMBER: N/A 1. EFFECTIVE DATE: November 12, 1993 at 7:45 A.M. 2. POLICY OR POLICIES TO BE ISSUED: AMOUNT OF INSURANCE A. ALTA OWNER'S POLICY $ TBD PROPOSED INSURED: TBD B. ALTA LOAN POLICY. $ PROPOSED INSURED: C. ALTA LOAN POLICY $ PROPOSED INSURED: D. $ 3. THE ESTATE OR INTEREST IN THE LAND DESCRIBED OR REFERRED TO IN THIS COMMITMENT AND COVERED HEREIN IS FEE SIMPLE AND TITLE THERETO IS AT THE EFFECTIVE DATE HEREOF VESTED IN: IVAR W. LARSON AND DONNA M. LARSON 4. THE LAND REFERRED TO IN THIS COMMITMENT IS DESCRIBED AS FOLLOWS: SEE ATTACHED LEGAL OWNERS: $ 243.00 Policy or Policies committed to be issued hereunder are ALTA Owner and/or Loan Policy - (4-6-90) . STEWART TITLE ` /CRAVEN OF GREELEY, INC. 916 10th Street AUTHOR D Greeley, Colorado 80631 COUNTERSIGNATURE Phone No. (303) 352-4571 Fax No. (303) 352-1815 940261 CONTINUATION SHEET SCHEDULE B - SECTION 2 ORDER NUMBER: 93002607 COMMITMENT NUMBER: N/A or intersect the premises hereby granted, as reserved in United States Patent recorded August 20, 1892 in Book 34 at Page 356 and re-recorded June 17, 1897 in Book 34 at Page 410. 11. Oil and gas lease between Sekich & Echeverria Company, a Partnership and M. R. Diggs, Jr. recorded September 2, 1977 in Book 807 at Reception No. 1729441, and any and all assignments thereof, or interests therein. 12. All minerals as granted to D-J Land and Cattle Company by an instrument recorded June 20, 1979 in Book 872 at Reception No. 1794273, and any and all assignments thereof or interests therein. 13. Right of way granted Panhandle Eastern Pipe Line Company by instruments recorded March 12, 1980 in Book 897 under Reception No. 1819449 and recorded December 15, 1980 in Book 922 under Reception No. 1844279. 14. Covenants, conditions and restrictions as contained in the Development Standards of the map recorded June 26, 1981 in Book 940 under Reception No. 1861795. 15. Reservations, restrictions, easements and right of way as set forth on the map of Recorded Exemption No. 1061-14-1-RE 1373, recorded October 7, 1991 in Book 1313 under Reception No. 2265460. oan2c1 SCHEDULE B - SECTION 2 EXCEPTIONS ORDER NUMBER: 93002607 COMMITMENT NUMBER: N/A THE POLICY OR POLICIES TO BE ISSUED WILL CONTAIN EXCEPTIONS TO THE FOLLOWING UNLESS THE SAME ARE DISPOSED OF TO THE SATISFACTION OF THE COMPANY: 1. RIGHTS OR CLAIMS OF PARTIES IN POSSESSION NOT SHOWN BY THE PUBLIC RECORDS. 2. EASEMENTS, OR CLAIMS OF EASEMENTS, NOT SHOWN BY THE PUBLIC RECORDS. 3. DISCREPANCIES, CONFLICTS IN BOUNDARY LINES, SHORTAGE IN AREA, ENCROACHMENTS, AND ANY FACTS WHICH A CORRECT SURVEY AND INSPECTION OF THE PREMISES WOULD DISCLOSE AND WHICH ARE NOT SHOWN BY THE PUBLIC RECORDS. 4. ANY LIEN, OR RIGHT TO A LIEN, FOR SERVICES, LABOR OR MATERIAL HERETOFORE OR HEREAFTER FURNISHED, IMPOSED BY LAW AND NOT SHOWN BY THE PUBLIC RECORDS. 5. DEFECTS, LIENS, ENCUMBRANCES, ADVERSE CLAIMS OR OTHER MATTERS, IF ANY, CREATED, FIRST APPEARING IN THE PUBLIC RECORDS OR ATTACHING SUBSEQUENT TO THE EFFECTIVE DATE HEREOF BUT PRIOR TO THE DATE PROPOSED INSURED ACQUIRES OF RECORD FOR VALUE THE ESTATE OR INTEREST OR MORTGAGE THEREON COVERED BY THIS COMMITMENT. 6. WATER RIGHTS, CLAIMS OR TITLE TO WATER. NOTE: "MECHANIC'S LIEN" AND/OR "GAP" PROTECTION (EXCEPTIONS 4 AND 5 ABOVE) MAY BE AVAILABLE WITH AN OWNER'S POLICY OF TITLE INSURANCE ON RESIDENTIAL PROPERTY UPON COMPLIANCE WITH STEWART TITLE OF WELD COUNTY'S REQUIREMENTS. PLEASE CALL FOR FURTHER INFORMATION AS TO THOSE SPECIFIC REQUIREMENT(S) NECESSARY TO OBTAIN THIS COVERAGE. 7. Any and all unpaid taxes, assessments and unredeemed tax sales. 8. All existing roads, highways, ditches, utilities, reservoirs, canals, pipelines, power lines, telephone lines, water lines, railroads and rights of way and easements therefor. 9. Rights of way for County Roads 30 feet wide on either side of section and township lines, as established by the Board of County Commissioners for Weld County, recorded October 14, 1889 in Book 86 at Page 273. 10 Right of the Proprietor of a Vein or Lode to extract and remove his ore therefrom, should the same be found to penetrate Continued on next page 940261 SCHEDULE A PROPERTY DESCRIPTION ORDER NO: 93002607 Lot B, Recorded Exemption No. 1061-14-3-RE 341, being more particularly described as follows: All of the NE1/4 and all that part of the SE1/4 lying North of the Little Thompson River in Section 14, Township 4 North, Range 68 West of the 6th P.M. , Weld County, Colorado, being more particularly described as follows: Beginning at the Northeast Corner of said Section 14, and considering the East line of said section as bearing South 00 Degrees 27' 42" West with all other bearings contained herein relative thereto; Thence South 00 Degrees 27' 42" West along said East line of Section 14, 2,806.66 feet; Thence South 51 Degrees 56' 55" West, 1,009.81 feet; Thence North 79 Degrees 46' 23" West, 479.70 feet; Thence South 83 Degrees 30' 48" West, 934.92 feet; Thence South 34 Degrees 56' 38" West, 699.73 feet; Thence North 89 Degrees 29' 50" West, 66.47 feet to a point on North South Center line of said Section 14; Thence North 00 Degrees 30' 10" East, along said North South Center line, 4,022.58 feet to a point on the North line of said Section 14; Thence North 90 Degrees 00' 00" East along said North line of Section 14, 2,650.77 feet to the Point of Beginning. EXCEPT, the following described property: Part of the NE1/4 of Section 14, Township 4 North, Range 68 West of the 6th P.M. , Weld County, Colorado, being more particularly described as follows: Beginning at the Northeast Corner of said Section 14, and considering the East line of said section as bearing South 00 Degrees 27' 42" West with all other bearings contained herein relative thereto. Thence along said East line, South 00 Degrees 27' 42" West, 1821.68 feet; Thence North 34 Degrees 46' 24" West, 344.55 feet; Thence North 27 Degrees 31' 32" West, 153.49 feet; Thence North 19 Degrees 32' 43" West, 124.90 feet; Thence North 16 Degrees 11' 32" West, 259.48 feet; Thence North 30 Degrees 01' 40" West, 487.79 feet; Thence North 26 Degrees 22' 29" West, 399.87 feet Thence North 47 Degrees 08' 52" West, 375.00 feet to a point on the North line of Section 14 and County Road 46; Thence continuing along said North line, North 90 Degrees 00' 00" East, a distance of 1,092.92 feet to the Point of Beginning. FURTHER EXCEPT, the following described property: Continued on next page 940261 SCHEDULE A PROPERTY DESCRIPTION CONTINUED ORDER NO. 93002607 PROPERTY DESCRIPTION CONTINUED That portion of the East Half of Section 14, Township 4 North, Range 68 West of the 6th P.N. , County of Weld, State of Colorado, more particularly described as follows: Considering the North line of the Northeast Quarter of said Section, as monumented by a 1/2" rebar at the Northeast corner and the North Quarter corner of said Section, to bear West with all bearings contained herein relative thereto. Beginning at the Northeast corner of said Section 14; thence along the North line of the Northeast Quarter of said Section West 1723.92 feet to the centerline of that certain 60.00 foot wide access, utility and irrigation easement described in Book 1064, at Reception Number 02005185, records of said County; thence along said centerline the following three courses: South 03 Degrees 13' 14" East 222.70 feet to the beginning of a curve concave to the East, having a central angle of 40 Degrees 51' 08" and a radius of 379.05 feet, the chord of said curve bears South 23 Degrees 38' 48" East 264.58 feet; thence Southerly along the arc of said curve 270.26 feet to the end of said curve; thence South 44 Degrees 04' 22" East 278.02 feet to the TRUE POINT OF BEGINNING; thence continuing along said centerline the following three courses: South 44 Degrees 04' 22" East 115.09 feet to the beginning of a curve concave to the Southwest, having a central angle of 45 Degrees 23'00" and a radius of 167.41 feet, the chord of said curve bears South 21 Degrees 22' 52" East 129.16 feet; thence Southeasterly along the arc of said curve 132.60 feet to the end of said curve;thence South 01 Degrees 18' 38" West 200.00 feet; thence North 88 Degrees 41' 22" West 360.00 feet; thence North 01 Degrees 18' 38" East 400.00 feet; thence South 88 Degrees 41' 22" East 228.25 feet more or less to the TRUE POINT OF BEGINNING, also known as Lot B, Recorded Exemption No. 1061-14-11-RE-1373. • 940261 CONDITIONS AND STIPULATIONS 1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and the Conditions and Stipulations and the exclusions from coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the title to the estate or interest or the lien of the insured mortgage covered hereby or any action asserting such claim, shall be restricted to the provisions and Conditions and Stipulations of this Commitment. STE`VART TITLE GUARANTY COMPANY All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at P.O. Box 2029, Houston, Texas 77252, and identify this commitment by its printed COMMITMENT SERIAL NUM- BER which appears on the bottom of the front of the first page of this commitment. Page 5 940261 r <—. :fi• r o m r. c _ ": ;« '.. :. Z p z O H > �. Cl) >Z m N D v mD z k. j�'.. m pm Z D ( . —7 (Cn Z � m m T J ~ ice. G, O s r m D CO rn Ha D r CO 77 r- r (: •••fix, cn < .. y, .•r�acT .SY-.. V` Ia J 0 C p x o > • m O .. OW 1' m N n J , • • v ro a v cc" dry y,Y • yi 1 n • �; m T 3 TC W 3 W M .; . • D Z + Z 1 ,•.. A '-. ,I. • M [be,A.% :: �t2Ci'�Si-�1 •��e -.- - - S ,--1-r..- '!3'�Lw�5"s..•:. -L•a.'5a'"T' �> ... * Sici 940261 BACON LAKE FARMS Colorado and Kansas Isar W.and Donna M. Larson, Owners and Operators 925 North County Line Road, Route 1 Berthoud, Colorado 80513 November 21, 1992 Mr. Terry McKee T« U.S. Army Corp of Engineers 9307 State Highway 121 Littleton, Colorado 80123-6901 Lot Dear Mr. McKee: I appreciate your review of Schmidt Lake in the N 1/2 of Section 14-4-6., d cussing restoration of the lake for use on the irrigated farm located in the NE/4 f 14-4` Ind the SE/4 North of the Little Thompson River, all in Weld County. Lei 7Th The steps we either have started or plan to perform are: 1. Remove silt in the lake that has collected over the past 60 years. 2. Repair the cut in the dam made in the last few years to allow flood irrigation. Install a culvert or pipe to feed a center pivot irrigation system southeast of the lake. 3. Remove trees on the dam and sleeve or repair the outlet pipe to drain the lake and control with a new headgate. 4. Develop an emergency overflow on the west end of the dam in case of a flood and prevent overtopping of the top of dam. 5. Install a new outlet pipe to irrigate the west and southwest parts of the property not covered by the center pivot. 6. Repair the plugged underground drainage pipe that causes a wet condition below the base of the darn. 7. Develop a secondary silt and trash collection pond above the lake and install a culvert through the dam at a properly designed invert elevation to spill into the lake. This silt pond would be small enough that it could be cleaned every year or two with a small backhoe thus preventing the majority of silt from entering the supply lake and subsequently the pivot, allowing pumping of the water through a standard pivot system. 8. Develop a road around the lake enabling spraying of noxious weeds. The attached drawing illustrates these points. Our plan will reestablish this irrigated farm with a clean water source as it was years ago. Public Service has quoted 3 phase, 480 volt power. When installed, we can proceed with the center pivot system. 940261 r Mr. Terry McKee Page 2 November 21, 1992 I understand that we need your response on a 404 permit and would appreciate your qualifying this project as exempt because it is a reconstruction. Thank you for your consideration. Sincerely, Ivar W. Larson, P.E. #13879 303 532-3361 IWL/dnil 940261 r N 1/4 COR. N-•-46 C,:I '4._9 r/ .. - .• ••. N.C. CON_ ,.i/>"r " �_ "1"" _ _ �+ 10'3 O.40 .%.`�'-- r 95440 -37 J[ C I lr 00.O0 nl'.i.. JIII'ln "a 000'25 „ 1 ,))r f" 61• hold .1-• 326.25 9C \1"`nnR_" N 393 eT 35)'19 JOC in- w~ .:,. ` 135.00' ww " $, .y, `). ' = NJBf0.00 C """Z" O YL�i+/hJP p • ♦6'� \. \ `tl SJOeg.40 C n60.O43?. 79. " 51L I r5._C(+I �:� `,'� I \ 253.00' LA 0 .xU , "- 1•119•49.30.4 � � jcS� •1� , _-�-\`il3'4]E C .00.00' ue.... I ••;...•a 9.C:e • 9 Pt^ _ L y \ ( I p — r ' 1 �° l}�p(J 319.33':.9 9 N9J00.1350:t.r / �( `" /15 '•11 1 Y� 13•.90 ( /% / . \ )� Y ," ‘‘ 32,•31]Z C S1� / / Ac. in:/..t 03..3 344.33 —usr 3.50. �. O y� ,\ 1 1 . 1 O,I'r 190.3 � LOT 'it'.„1„ \\ 1 i II 1 • y1 `e r• ' 2: l "',.i;:` 1 4 " w = ceisirE4 ` -/ / „ : i t''oi d),' -4 C. I/4 COR. b 14-•-6e • � pp 061«« /.Uf�'��`� t 25 ' A/4 P/37 - • xoo•Seoi L Sce.0o' vv�1�- An:. • Nct" J'iee, . I kD / {y/��(}� Lib $ �'.= i t e- 1 �r`(Fk 50- a m.,in 0 " . 17.0 1i-e333•••��r�2� I. �� r?• , •on nods = 1 -. I ae:o Woos la xcc. • c•si ,� ulu.no Yi. C//� `O ‘. 0- L 16 li pAP7 D�l/"'YF'O . ;`• CLIE" rte- va. CCN. 3.1/16 7 c3� gCItp0/I Mt-a N I S t LJrG, ow to N 00•]O SQL 16r•19� " i47 �M id // • IC:47117 4A;_.0 ' /l -zc - yy f�E/ 138'11 940261 sr7 of DEPARTMENT OF THE ARMY 40 c tai- °f,., CORPS OF ENGINEERS.OMAHA DISTRICT • ye TRI-LAKES PROJECT OFFICE.9307 STATE HWY 121 f 'en LITTLETON.COLORADO 901 23-6901 S. ` REPLY To '•......,.4'` Ai.tni PUN Of November 25, 1992 Mr. Ivar W. Larson Bacon Lake Farms 925 North County Line Road, Route 1 Berthoud, Colorado 80513 Dear Mr. Larson: Reference is made to your proposed Schmidt Lake and unnamed pond restoration and maintenance projects located in Section 14, Township 4 North, Range 68 West, Weld County, Colorado. This letter is to inform you that the proposed work is the kind of activity which is included in the exemption portion of the Federal Register dated November 13, 1986 found at 33 C.F.R. Part 323.4 (a)(3). Therefore, the proposed work will not require a Department of the Army permit and will not require further processing by this office. Although a Department of the Army permit is not required for your proposed work, this does not obviate your obligation to obtain any other Federal, state or local authorizations as may be required by law. If there are any questions concerning this matter, please feel free to contact Mr. Terry McKee of this office at 303-979-4120 and reference action ID #199280640. Sincerely, Tim y T Car Project anager 940261 mEmORAnDUm I I L D C. Chuck Cunliffe To Weld County Planning Date March 16, 1993 COLORADO �> From John S. Pickle, M.S.E.H. , Director, Environme nythp Subject: Case Number: S-333 Name: Larson, Ivar and Donna 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. Wood shavings, saw dust, and waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 4. An individual sewage disposal system, is required for the proposed facility and shall be installed according to the Weld County Individual . Sewage Disposal Regulations. 5. The Division requires that this facility utilize existing public water supply. 6. Individual Sewage Disposal System permit must be finalized and approved by an Environmental Protection Specialist within one (1) year of the application date. JSP/jg-512 ilr MAR 1 7 1993 940261 MARION F . ANDERSON 4686 Weld County Road 46 Berthoud , Colorado 80513 Telephone : ( 3031532-4511 Marcn 19 , 1983 )EPARTMENT OF PLANNING SERVICES Weld County Administrative Offices 1400 North 1 /th Avenue Greeley , Co !nrado 90631 Attention : Chuck Cunlifte Dear Mr. Cunliffe Per our meetings on April 16th & 17th, 1993 I am submitting concerns raised at the meeting with you , Roger Steinke and John Baranway . Mr. Steinke has just purchased my property and Mr. Baranway is the Realtor handling the sale of the property. We would like your clarification of how the existing easement is to be involved with the proposal submitted by Ivar and Donna Larson . We would like to review the proposed covenants as we don't want the value of existing structures to be reduced by allowing structures of lesser value constructed . Very truly yours , Marion E. Anderson • 940261 MICHAEL and BARBARA SOLETA 4912 Weld County Road 46 Berthoud, CO 80513 March 22, 1993 Mr . Chuck Cunliffe III MAR 2 6 1993 LI Department of Planning Services Weld County Administrative Offices 1400 N . 17th Avenue Greeley, CO 80631 Dear Mr . Cunliffe : We are writing in response to your letter of March 11, 1993, Case number : Amended RE-1373 ; Ivar and Donna Larson 's request to amend a 190 acre parcel to 86 . 92 . We would like to voice our objection to this proposal . We feel that this proposed subdivision , and subsequent potential subdivisions, would affect us in the following ways : 1 . We moved to an agricultural area for an agrarian life- style with the intention of raising livestock. The quietness and absence of urban noise and pollution was a major factor in our purchasing this particular parcel of land as the surrounding land was being used for agricultural purposes . Our quality of life would be impacted . 2. We raise beef cattle and have horses . There is a potential for curious or mischievous children to bother our stock, and since we have a bull and stallion, a potential of harm to those children . We would have a constant worry for our livestock and potential trespassers . 3 . Increased population will create increased traffic on Road 46 creating greater dust problems than already exist . The increased dust would create aesthetic as well as health problems . 4 . Our view to the west is a lovely mountainous vista which could be blocked by a future housing development . 5 . One subdivision could lead to further subdivisions and possible zoning changes which could become a pervasive element in the existing agrarian environment . 6 . Recently there was an article in the Greeley Tribune which stated that "Weld County" was becoming concerned about the increasing number of residential subdivisions on non- developed land which require costly infrastructure projects such as sewer systems . In a time of severe budget 940261 i constraints we believe that development and expansion should be adjacent to existing developments where the existing infrastructure can be tapped into , thus limiting the need for tax increases . Thank you for your time and the consideration of our input regarding this situation . Sincerely, Barbara Soleta 940261 6nT:.•� DEPARTMENT OF THE ARM'. .•<� ^*•>,, CORPS OF ENGINEERS.OMAHA DISTRICT I. 2 TRI-LAKES PROJECT OFFICE 93O7 STATE HWY 121 W LITTLETON.COLORADO 13O 1 23-6 9O 1 i 5 REPLYTO March 29, 1993 I'••� • �r+tas {•r' At ILnirONOF yy„>Wr• Mr. Chuck Cunliffe Weld County Department of Planning Services Weld County Administrative Offices 1400 North 17th Avenue Greeley, Colorado 80631 . Dear Mr. Cunliffe: Reference is made to a March 23, 1993 wetlands determination conducted by Mr. Terry McKee of the Tri-Lakes Project Office which concerns your case number S-333 located in Section 14, Township 4 North, Range 68 West, Weld County, Colorado. Your project has been reviewed in accordance with Section 404 of the Clean Water Act under which the U.S. Army Corps of Engineers regulates the discharge of dredged and fill material into waters of the United States including wetlands. Please see the enclosed map that shows approximate locations of wetlands at this site. If a proposed activity requires work in the wetlands at this site, the wetlands should be delineated and mapped prior to any work. This office should be contacted prior to the work for proper Department of the Army permits. Please find the enclosed list of Environmental Consultants who may assist in the wetland delineations and mapping. If you have any questions concerning this matter, please feel free to contact Mr. Terry McKee of this office at 303-979-4120 and reference action ID #199380189. Sincerely, Timo . T Care Project anager Encl • MAR 3R 1993 • I •.-Ia n--..-t.�1te,e7n� 940261 STATE OF COLORADO OIL AND GAS CONSERVATION COMMISSION DEPARTMENT OF NATURAL RESOURCES DENNIS R. BICKNELL SUITE 380 LOGAN TOWER BUILDING Director 1580 LOGAN STREET PATRICIA C. BEAVER Technical Secretary DENVER, COLORADO 80203 (303) 894-2109 FAX ROY ROMER (303) 894-2100 Governor June 10,1993 Chuck Cunliffe Weld County Planning Services 1400 North 17" Avenue Greeley CO 80631 s_-�- Dear Mr. Cunliffe: Cases S-333 and S-334 have been reviewed by this office. We would like to point out that there currently is one producing gas well in the northeast quarter of Section 14, Township 4 • North, Range 68 West, Weld County. There are also existing producing wells in all of The sections surrounding section 14, indicating that there is potential for further development in that section. As always, any development for oil and gas will be subject to applicable Rules and Orders of the Colorado Oil and Gas Conservation Commission. If you have any further questions please contact the Commission staff at the above address or phone number. Sincerely yours, •• Robert J.'Van Sickle Petroleum Engineer c.nnwcwa,e • • to V -I Jtn41993i ; • -immure - - - - - - 940261 _ Public Service C) Public Service Company of Colorado 1901 E.Horsetooth Rd. November 17. 1993 Fort Collins,CO 80525-2941 Mr. Ivar W. Larson 925 North County Line Rd.. Rt.Y1 Berthoud. CO 80513 Dear Mr. Larson: This letter is intended to confirm Public Service Company's ability to provide electric service to 12 residential lots in "Whitetail Acres 1 & 2" in the NE 1/4 of Sec. 14-T4N- R68W. Extension of said electric service will have to be done in accordance with Rules and Regulations currently on file with the Public IItililties Commission of the State of Colorado, and is contingent on prior dedication of adequate utility easements and site preparation. Application for said electric service extension should be made early on in the site development process by contacting Dick Ogle in our Windsor Office at 422 Main Street (Phone: 225-7890). ____yttsgfc___ GH:hr Gary Huett Supervisor of Engineering 940261 ,°°orb Jj, .-7 /,((i '� . ' — ' ° �/. i a9e2 `�_/'`� \ )l r.i Ruaruoir �� r� ten, i,� �; �� °$ 9402 1: DECLARATION OF PROTECTIVE COVENANTS WHITETAIL ACRES 1 AND WHITETAIL ACRES 2 both minor subdivisions situated in Weld County, Colorado, This Declaration of Protective Covenants running with the land is made by the Owners of all of the real Property to be known as WHITETAIL ACRES 1 AND WHITETAIL ACRES 2 , which Property is described in those certain subdivision plats recorded for WHITETAIL ACRES 1 AND WHITETAIL ACRES 2 , located in: Section 14 Township 4 North, Range 68 West of the 6th Principal Meridian, Weld County, Colorado. RECITALS 1. Declarant is the Owner in fee of all of the above-described land in those minor residential developments sometimes referred to hereafter as Whitetail Acres 1 and Whitetail Acres 2 or the "Property" . 2 . It is the intention and desire of the Declarant to set forth this Declaration of Protective Covenants in order to promote the harmonious and attractive development of the Property for the health, comfort, safety, convenience, and general welfare of the present and subsequent Owners of the Property and each portion thereof. NOW THEREFORE, Declarant hereby declares that the Property is subject to the following protective covenants which shall run with the land for the benefit of and be binding upon each present and subsequent Owner of any portion of the Property and their respective grantees, successors, personal representatives, and assigns. ARTICLE I DEFINITION OF TERMS 1. 01 As used in this Declaration, the following terms shall have the meanings indicated: Architectural Control Committee. The committee described in Article V of this Declaration. Association( Mountain view Estates land 2 Owners Association. The members of which snail be all—Sr" e everal Owners of the lots within the Property. Board. The duly elected Board of Directors of the Association. 1 4G1n7[,11 Bylaws. The duly adopted Bylaws of the Association as the same may be amended from time to time. Colorado Common Interest Ownership Act (sometimes also referred to herein as "CCIOA") . The applicable provisions of Colorado statutes known as the "Colorado Common Interest Ownership Act" , which is now codified as Article 33 . 3 of Title 38 , Colorado Revised Statutes, as may from time to time hereafter be amended. Common Elements. The Plats of WHITETAIL ACRES 1 AND WHITETAIL ACRES 2 . Describes roads, irrigation and utility easements as shown upon the Plat. Those are called common elements. Declarant. The Owner of the Property whose signature is affixed to this Declaration. Owner. The record fee Owner or Owners if more than one of a lot, including Declarant so long as any lot remains unsold. Plats. The Plats of Whitetail Acres 1 and Whitetail Acres 2, located in Section 14 , Township 4 North, Range 68 west of the 6th Principal Meridian, Weld County, Colorado Property. All of the real Property known as WHITETAIL ACRES 1 AND WHITETAIL ACRES 2 . ARTICLE II LAND USE CONTROL 2. 01 Land Use and Building Type. No lot shall be used except for residential and related purposes. No building other than outbuildings permitted by paragraph 2 . 02 , shall be erected, altered, placed, or permitted to remain on any lot other than one (1) detached single family dwelling not to exceed two and one-half (2 1/2) stories in height above finished grade level, which must include a private attached garage for no more than three (3) automobiles. The Architectural Control Committee may authorize a garage for more than three automobiles if the Architectural Control Committee determines that the same is compatible with the harmonious and attractive development of the area. Dwellings must be built on-site, and no pre-fabricated, previously built, or modular homes shall be permitted upon the Property. Dwelling construction must be completed within one (1) year after the date of construction commencement. Out buildings are permitted in accordance with Section 2 . 02 . 2 940261 2 . 02 Out Buildings. Subject to the prior approval of the Architectural Control Committee, permitted out buildings are stables, barns, pool houses, or other structures determined by the Architectural Control Committee to be compatible with the purposes and intent of this Declaration. In no case shall out buildings exceed the height of one (1) story above finished grade level. Out buildings must be of similar color, design, and quality with the principal dwelling on the Property. Machine sheds are not permitted out buildings. 2 . 03 Dwelling Quality and Size. No dwelling shall be erected on any lot having an enclosed floor area on the main level of less than one thousand four hundred (1, 400) square feet, exclusive of porches, garages, and basements. For purposes of this section, the main level shall be that level of the dwelling at or closest to finished grade level which is most immediately reached by the front entrance to the dwelling. If any dispute arises as to what constitutes the main level of a dwelling, the decision of the Architectural Control Committee shall be conclusive and controlling. No trailer, basement, tent, shack, garage, barn, or other building shall be used as a residence, temporarily or permanently at any time, nor shall any structure of a temporary character be used as a residence. All dwellings shall possess wood, brick, or stone exteriors, or a combination thereof. No building, fence, out building, or other structure shall be erected, placed, or altered on any lot until the proposed building plans, specifications, exterior color and finish, plat plan (showing the proposed location of such building or structure, driveways and parking areas) , and construction materials shall have been approved by the Architectural Control Committee. The Architectural Control Committee shall have the full discretion to approve and deny such plans so as to insure the best use and the most appropriate development and improvement of each building site, to protect the Owners of building sites against inappropriate use of surrounding building sites as will depreciate the value of the Property; to preserve, so far as is practicable, the natural beauty of the Property; to guard against the erection of poorly designed structures, and structures built of improper or unsuitable materials; to obtain harmonious color schemes; to insure the highest and best development of said Property; to encourage and secure the erection of attractive homes and other permitted structures thereon, with appropriate locations thereof on building sites; to prevent haphazard and inharmonious improvement of building sites; to secure and maintain proper setbacks from streets and in general to provide adequately for a high type and quality of improvements on said Property and thereby enhance the value of improvements on the Property. 2. 04 Repairs. Any repairs to or reconstruction of dwellings, out buildings, fences, etc. , whether due to wear and tear or natural causes (such as wind, hail, fire, flood, etc. ) , shall be subject to and in accordance with the covenants herein. Removal of damaged 3 940261 . • structures, or the repair and reconstruction of such damaged structures, shall be promptly undertaken and completed no later than one (1) year from the date of damage. 2 . 05 Nuisance. No lot shall be used in such a manner as to obstruct or interfere with the enjoyment of Owners of other lots or annoy them by unreasonable noises, lights, odors, or otherwise, nor shall any nuisance or illegal activity be committed or permitted to occur on any lot. No exterior horn, whistle, bell, or other sound devices except security devices used exclusively to protect the security of the Property and the Owners or occupants thereof shall be placed or used on any part of the Property. 2 . 06 Animals. One animal unit per acres is allowed. One animal unit is as the definition is now used by the Weld County Zoning Regulations that define an animal unit. Dogs, cats, and other household pets and small animals may be kept provided they are not kept, bred, or maintained for any commercial purposes and further provided that the number thereof do not result in unsanitary conditions or a nuisance or annoyance to the Owners of other lots. The Board may adopt from time to time such rules and regulations as it deems appropriate regarding the type, quantity and requirements for keeping such household pets and small animals. Notwithstanding the foregoing, unless hereafter approved by the Board, no swine may be kept on a lot, and no chickens, ducks, geese, pea hens, or other non-household birds or poultry may be kept on any lot. All animal enclosures shall be erected and maintained in accordance with the covenants herein and the rules and regulations regarding the same as may from time to time be adopted by the Board. Any decision by the Board regarding type and number of animals which may be kept upon any lot, shall not be effective unless and until it has been reduced to writing. Any such decision may be later rescinded or modified by the Board, and any lot Owner affected by such recision or modification shall have a reasonable time, not to exceed forty-five (45) days to comply with such recision or modification. 2 . 07 Keeping of Animals. Non-household animals maintained on any lot pursuant to Section 2. 06 must be kept within an enclosed corral, pen, or other enclosure, which enclosure must be kept in a neat, clean, and orderly condition at all times. Small animals shall be properly housed or penned to confine them on the lot. Appropriate measures must be maintained to control flies and other pests on the lot and within such enclosures and for the disposition of waste and similar matter. The Board shall have the authority to establish standards for the maintenance of animals, including the minimum and maximum size of permitted enclosures, the type of materials which may be used in their construction, and other similar matters which, in the judgment of the Board, shall be deemed appropriate for the health, safety, and maintenance of the 4 :. : : 940261 Property and its occupants. It is specifically understood that the Board may require Owners to take such measures as may be necessary to prevent the overgrazing of each lot and the destruction of vegetation on each. lot. 2 . 08 Rubbish. No lot shall be used or maintained as a dumping ground for rubbish. All trash, garbage, and other waste shall be kept in sanitary containers, and all such containers shall be maintained in a good, clean condition. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. Wood shavings, saw dust, and waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 2 . 09 Slang. No sign of any kind shall be displayed to the public view on any lot except: (i) one sign of not more than five (5) square feet advertising the lot for sale or rent; (ii) signs used by a builder to advertise the Property during the construction and sales period; and (iii) such other signs as the Board may, from time to time, approve. 2 . 10 Easements. A. Utility and Irrigation Easements. Easements for the installation and maintenance of utilities and irrigation and related Elements are reserved as shown on the recorded plats of the Property. Within these easements, unless approved by the Board, no structure, planting, or other materials shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities, or which may change the direction of flow, or obstruct or retard the flow of water in and through the easements. The easement area of each lot and all improvements in it shall be maintained continuously by the Owner of the lot except for those improvements for which a public authority, or one or more utility companies, or the Association is responsible. The Association shall have the right to enter upon such easements from time to time as the Board may determine necessary or appropriate to construct, maintain or repair any ditches or other Elements for irrigation purposes which benefit the Association. The Association shall not be responsible for any damage to any property or landscaping of any lot Owner, including any damage occurring outside the easement area from equipment or operations, if such damages are reasonably unavoidable. If any such work is done by the Association as a result of failure of a lot Owner to comply with these covenants or to properly maintain the easement area, the cost shall be assessed against such Owner and shall be recoverable by the Association in the same manner and fashion as general and special assessments with all the remedies and rights for recovery and collection as provided in Article IV of this Declaration. B. Private Access Easement and Public Utility Easement. Each lot Owner shall have the joint and mutual use of the private access easement and public utility easement shown upon the plat of the 5 940261 Property. No lot Owner shall interfere with the usage of such easement area for such purposes. The maintenance and repair of the easement and any improvements thereon shall be the responsibility of the Association. 2 . 11 Fences. All fences, walls, hedges and plantings adjacent to public roads shall be in compliance with any applicable site line requirements established by the governmental authority having jurisdiction. All fences, walls, hedges, and shrub plantings shall be maintained in a clean, neat, and orderly condition at all times. Wire, metal fabric, and chain link fences are not permitted on any portion of a lot in front of the dwelling. 2. 12 Vehicles. No trucks, vans, campers, or vehicles other than passenger cars, or pickup, or utility trucks with a capacity of one (1) ton or less shall be parked overnight on the private access easement. No work of automobile repair or maintenance shall be performed except within the confines of an Owner's lot. No abandoned, inoperable, or junk vehicle may be stored on any part of the Property. All motorized equipment including motor vehicles, motorcycles and motorbikes, tractors, and any other motorized equipment used on any lot must be properly equipped with mufflers so as to reduce to the greatest degree practicable the noise of operation. The hours of operation of any motorized equipment shall be confined to the period of time commencing at 7 : 00 a.m. and ending at 7 : 00 p.m. , unless the Board establishes different hours hereafter. No bus, large commercial-type vehicle (including, but not limited to, any dump truck, cement mixer truck, oil or gas truck, delivery truck, back hoe, bulldozer, or semi-tractor or trailer) shall be parked, stored or kept on the Property. No vehicle or equipment shall be kept, parked or stored on or within the private access easement area. 2 . 13 Fires and Firearms. There shall be no exterior fires permitted on the Property except barbecue fires contained within elements or receptacles specifically designed for such purposes, or those fires for which a permit has been granted by governmental authority. No Owner shall permit any conditions on his lot which create a fire hazard or are in violation of fire prevention regulations. No firearms shall be discharged within the Property. 2 . 14 Towers. Masts, Antennas, and Satellite Dishes. No radio or television antennas, masts, or towers shall be permitted which rise (at the highest point of extension) higher than six feet (6' ) above the uppermost point of the roof of the principal building being served. No more than one (1) such antenna, mast, or tower shall be permitted for any dwelling unit, and no such antenna, mast, or tower shall be affixed to or serve a stable or other accessory building. The allowance of and the placement of satellite dishes is restricted to the discretion of the Architectural Control Committee. 6 4dl[17se 2 . 15 Outside Storage. A. Outside storage of more than one (1) piece of farm equipment on any lot is prohibited. No construction machinery shall be stored outside on any lot. B. All storage tanks for propane, must be placed indoors or below ground and in compliance with all applicable safety standards and regulations. C. No gasoline, paint or any other toxic, hazardous or flammable liquid or gas, other than propane, shall be stored on any lot in quantities in excess of fifteen (15) gallons, unless written approval thereof is obtained from the Board, and such storage is in compliance with all applicable safety standards and regulations. D. All unsightly conditions and equipment shall be enclosed within a structure approved by the Architectural Control Committee, including any snow removal equipment or garden or maintenance equipment except when in actual use. 2 . 16 Agricultural Use. The agricultural use of each lot shall be limited to a produce garden and/or orchard unless proper conservation measures are utilized to prevent blowing dust and soil erosion. Weeds must be kept continuously cut or otherwise continuously controlled on all grounds including grounds not used for lawns or gardens. 2 . 17 Building Location. Unless otherwise approved by the Architectural Control Committee, no building shall be located on any lot nearer than twenty-five feet (25' ) to the front lot line, nor fifteen feet (15' ) to any side lot line. No building or any portion thereof including eaves and overhangs shall ever encroach upon any adjacent lot. 2 . 18 No Subdivision of Lots. No lot shall hereafter be subdivided. ARTICLE III OWNERS ASSOCIATION 3 . 01 The Association. Each Owner of each lot within the Property shall be a member of the Association. Status as an Owner of a lot is the sole qualification for membership, such membership being deemed an incident of Ownership of a lot. For purposes of this Section, a husband and wife, or other individuals who jointly own a lot, shall be deemed to constitute a single Owner of a lot. An individual's membership in the Association shall commence as of the date that he receives title to a lot and shall terminate on the date of termination of his Ownership of a lot. 3 . 02 Classes of Membership and Voting Rights. The Association shall have two classes of voting membership. Class A members shall be the Owners of lots except the Declarant, and each Class A membership shall be entitled to one (1) vote for each acre lot owned by a Class A member. The Class B membership shall be the Declarant, and 7 940261 the Class B member shall be entitled to three (3) votes for each acre lot owned by the Declarant. In the event a lot is owned by (2) or more persons, whether by joint tenancy, tenancy in common, or otherwise, the vote for such lot shall be exercised as the Owners thereof shall determine but the vote attributable to such lot shall be cast by only one (1 ) of the Owners of such lot who shall be designated by the several Owners of such lot in writing prior to or at the time the vote is cast. In the absence of such designation by such Owners and until such designation is made, the Board of Directors of the Association shall make such designation. No vote may be cast or counted for any lot for which assessments, fees, dues, or other monies are in default of payment at the time votes are counted. 3 . 03 Board of Directors. The affairs of the Association shall be conducted by a Board of Directors (the "Board") . The powers and duties of the Board shall include, but not be limited to the following: A. To enforce all of the applicable provisions of this Declaration. B. To maintain the Common Elements as provided in Section 4 . 01. C. To contract for and pay for the cost of providing the maintenance functions described in Article IV out of funds collected by the Board. D. To levy and collect the costs of maintenance as provided in Article IV hereof and to make or authorize the expenditures therefrom as hereinafter described. E. To receive and process complaints from Owners with respect to any provisions of this Declaration. F. To adopt such rules and regulations as the Board from time to time may deem necessary or appropriate to carry out the provisions of this Declaration. G. To render such discretionary decisions as are vested in the Board pursuant to this Declaration. H. To obtain and exercise usage of water rights to the benefit of the Association and its members, and to comply with and fully perform any requirements related to the waters located on or flowing on the Common Elements. I. To impose charges for late payment of assessments, recover reasonable attorney fees and other legal costs for collection of assessments and other actions to enforce the power of the Association, regardless of whether or not suit was initiated, and, after notice and an opportunity to be heard, levy reasonable fines for violations of the Declaration, Bylaws, and Rules and Regulations of the Association, and to establish the rate of interest to be assessed for all sums which may be payable to the Association. J. To obtain and keep in force such insurance as the Board may from time to time deem appropriate including, but not limited to, casualty and liability, worker's compensation, errors and omissions coverage for officers, directors, employees and members of the Association, insurance for indemnification of officers, directors and members of the Association acting on behalf of and for the 8 940261 benefit of the Association, and such other insurance that the Board may deem appropriate. K. To exercise all powers and rights granted to the Association by the provisions of- the Colorado Common Interest Ownership Act, as from time to time amended. L. To take such other action or to incur such other obligations whether or not herein expressly specified as shall be reasonably necessary to perform the Association's obligations hereunder, subject to the approval of the members of the Association. 3 . 04 Election of Board Members. The initial Board of Directors shall consist of one (1) person appointed by the Declarant, who shall serve until his or her successor(s) is elected at the first annual meeting of the members of the Association. The number of directors shall be three (3) and the term of each director shall be one (1) year. Each Class A member in the Association shall have the right to cast one vote per acre for each vacancy to be filled on the Board of Directors at each annual meeting. Each Class B member shall have the right to cast three (3) votes per acre for each vacancy to be filled on the Board of Directors at each annual meeting. Cumulative voting shall not be allowed. The candidate, or if more than one (1) vacancy exists, the candidates, receiving the most votes shall be deemed elected. 3 . 05 Meetings of the Association and Officers. The number and type of officers, and the provisions for regular and special meetings of the Association shall be as provided from time to time by the Bylaws of the Association. 3 . 06 Coordination with Bylaws. Except as may be otherwise provided herein for action of the Board regarding interest upon unpaid assessments, the provisions of this Declaration provide the minimum substantive terms for the enforcement of this Declaration by the Board and the Architectural Control Committee. Further an additional provisions for the operation of the Board and the Architectural Control Committee may in the future be, set forth by the Bylaws of the Association, and by appropriate resolutions or rules and regulations adopted by the Board or the Architectural Control Committee which supplement and further the intent and purposes of this Declaration. In the event any conflict occurs between the provisions of this Declaration and such Bylaws or resolutions, then this Declaration shall control and to the extent possible, the conflicting Bylaws, resolutions or rules and regulations shall be construed to be effective where it promotes the interest of the provisions of this Declaration and invalid where in derogation of these Declarations. 3 . 07 Transfer. The membership held by any Owner shall not be transferred, pledged or alienated in any way, except upon the sale of the Owner's lot, and then only to the purchaser of such lot. A prohibited transfer is void and will not be reflected upon the books and records of the Association. 9 flc, 12:1 3 . 08 Delegation of Use. The Board may from time to time establish rules and regulations regarding the delegation by an Owner of rights of use and enjoyment of the Common Elements to such Owner's tenants or purchasers. ARTICLE III MAINTENANCE, BUDGET, ASSESSMENTS 4 . 01 Maintenance of Common Elements. The Association shall be responsible for the maintenance of the private access easement within the Property until and unless such maintenance obligation is assumed by the County of Weld, Colorado, or by any other governmental body. As long as the Association is responsible for road maintenance, the Association shall take all steps necessary to insure that the private access easement is maintained, repaired, and improved to appropriate standards as determined by the Board. The Association shall be responsible for providing for such snow removal during winter months as the Board shall deem appropriate and shall have the authority to contract for such work as necessary. 4 . 02 Failure of Association to Maintain Common Elements. In the event the Association shall fail to maintain the Common Elements in a reasonable order and condition in accordance with the original plan submitted to the Board of County Commissioners with the final subdivision Plat for the Property, the Board of County Commissioners for Weld County may serve written notice upon the Association, or upon the Owners, setting forth the manner in which the Association has failed to maintain the Common Elements in a reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be cured within thirty (30) days thereof, and shall state the date and place of a hearing thereon, which shall be held within fourteen (14) days of the notice. At such hearing, the County may modify the terms of its original notice as to the deficiencies, and may give an extension of time within which they shall be cured. If the deficiencies set forth in the original notice or in the modifications thereof are not cured within said thirty (30) days, or any extension thereof, the County, in order to preserve the taxable values of the Property and to prevent the Common Elements from becoming a public nuisance and public liability, may undertake to maintain the same for a period of one (1) year. Before the expiration of said year, the County, upon its initiative or upon the written request of the Association, shall call a public hearing upon notice to the Association and to the Owners, to be held by the Board of County Commissioners, at which hearing such Association, or the Owners, shall show cause why such maintenance by the County shall not, at the election of the County, continue for a succeeding year. If the Board of County Commissioners shall determine that the Association is ready and able to maintain the Common Elements in a reasonable condition, the County shall cease to maintain the Common Elements at the end of 10 940261 said year. If the Board of County Commissioners shall determine that `the Association is not ready and able to maintain the Common Elements in a reasonable condition, the County may, in its discretion, continue to maintain said Common Elements during the next succeeding year subject to a similar hearing and determination in each year thereafter. .. ' The cost of such maintenance by the County shall be paid by the Owners in the manner set forth in Section 4 . 03 , and any unpaid assessments shall become a tax lien upon the lot owned by a defaulting Owner. The County shall file a notice of such lien in the Office of the County Clerk and Recorder upon the Property affected by such lien within the subdivision, and shall certify such unpaid assessments to the County Treasurer for collection, enforcement, and remittance in the manner provided by law for the collection, enforcement, and remittance of general Property taxes. 4 . 03 Costs of Maintenance. The costs of maintenance functions imposed on the Association pursuant to Section 4 . 01, together with the expenses of administration and operation of the Association and its boards and committees (including any appropriate indemnity to members thereof) , shall be divided equally between all of the Owners of each lot on a per acre basis. (i. e. the total assessment will be divided by the total acres, to get a per acre cost) . Each Owner, by the acceptance of a conveyance of a lot, shall be obligated to pay his share of such costs. An Owner shall be responsible for his full share of maintenance costs whether or not his lot is improved with a home. 4 . 04 Establishment of Maintenance Budget. The Board will establish a maintenance and operations budget each year and shall submit such budgets to the members of the Association for review and approval prior to the end of each year. Notice of such budget, and meetings for adoption shall be in accordance with the provisions of the Colorado Common Ownership Interest Act, as from time to time amended. The amount of each maintenance budget shall be assessed on a per acre basis against each lot in monthly installments. Should the Association fail to approve a budget and set the amount of monthly maintenance charges prior to the commencement of any calendar year, the Board shall continue to levy and collect monthly maintenance assessments at the level of the previous calendar year, plus an increase of not more than twenty-five percent (25%) until the Association shall adopt the current budget. Without in any way limiting the nature and type of expenses upon which the budget may be based, the budget may include anticipated expenses for reasonable contingency reserve and working capital and sinking funds, legal and other professional expenses, for casualty and liability insurance for the Common Elements, and for errors and omission or other insurance protection designed to provide defense and insurance coverage to the officers of the Association in connection with any matters arising from Association business and the performance of the officers of the Association or related to 11 94 02(x.1 their status as officers. 4 . 05 Special Assessments. In addition to the monthly maintenance charge to be assessed against each Owner pursuant to Section 4 . 04 , the Board may, from time to time, levy and collect special assessments to cover extraordi*rY charges or expenses not anticipated by the annual budget approved by the Association. Unless approved by a majority of all the voters, the aggregate of all special assessments levied in any calendar year shall-not exceed twenty-five percent (25%) of the budgeted gross expenses of the Association for such fiscal year. Notwithstanding the foregoing, the costs incurred by the Association to remedy any default by an Owner of the Owner's obligation under this Declaration, may be assessed against such Owner without establishment of any special assessment or other procedure, and may be collected from such Owner in the same manner as provided in paragraph 4 . 07 and paragraph 4 . 08 below. Any charges imposed for late payment, attorney fees and costs, and fines shall be deemed to be assessments against the Owner's lot and recoverable and subject to the same rights and remedies available to the Association for all other assessments. 4 . 06 Accounting. All funds collected by the Association shall be promptly deposited into a commercial bank account and/or a savings and loan account in an institution to be selected by the Board. No withdrawal shall be made from said account except to pay the obligations of the Association. No later than ninety (9O) days from the end of each calendar year the Board shall distribute to each Owner an operating statement reflecting the income and expenditures of the Association for the previous calendar year. The Board shall maintain complete and accurate books and records of its income and expenses in accordance with generally accepted accounting principles consistently applied and shall file such tax returns and other reports as shall be required by any governmental entity. The books and records shall be kept at the office of the Association and shall be open for inspection by any Owner or by the holder of any first deed of trust or mortgage of record at any time during normal business hours following reasonable advance notice of the request for inspection. 4. 07 Creation of Lien and Foreclosure. The monthly maintenance charge, together with any special assessment or other penalty, cost or charges which an Owner is obligated to pay, shall be a debt of such Owner to the Association on the date when each installment thereof becomes due. In the event of the default of any Owner in the payment of any installment of maintenance charges or special assessments, .such amount, and any subsequently accruing unpaid assessments, together with interest thereon at the rate of eighteen percent (18%) per annum, or such other rate as may hereafter from time to time be established by the Board, and together with all costs which may be incurred by the Association in the collection of such amount, together with reasonable attorneys' fees shall be and 12 940261 become a lien on the interest of the defaulting Owner in his lot. The Association may, but is not required to, execute and record in the Weld County Recorder's Office of a Notice of Assessment Default setting forth the name of the defaulting Owner as indicated by Association records, the amount of the delinquency, and the fact that additional delinquencies may accrue and increase such amount, and the legal description of his lot. Such lien shall attach and be effective from the due date of the assessment, and may be enforced by foreclosure by the Association of the defaulting Owner's interest in the Property. The lien provided herein shall be in favor of the Association for the benefit of all Owners who are Association members. In any such foreclosure, the defaulting Owner shall be required to pay the costs and expenses of such proceedings, the costs and expenses for filing any notice or claim of lien, and all reasonable attorneys' fees in connection with such foreclosure. The lien shall include and the defaulting Owner shall also be required to pay to the Association the monthly maintenance charge and any other assessments for the lot whose payment comes due during the period of foreclosure, and the Association shall be entitled to a receiver to collect the same. The Association, on behalf of the member Owners, shall have the power to bid on the lot at foreclosure sale and to acquire, hold, lease, mortgage, and sell the same. Such lien provided herein shall have the priority provided by the Colorado Common Interest Ownership Act. The Association may, but is not required to send notice of default to an Owner, and a copy of such notice may, but is not required to, be mailed to the holder of any deed of trust or mortgage of record constituting a lien on such lot. Upon the payment of the amounts due, if the Association recorded a Notice of Assessment Default, the Association shall cause to be recorded a certificate setting forth the satisfaction of such lien. 4. 08 Owner's Obligation for Payment of Assessments. The amounts assessed by the Association against each lot and any interest, costs, and attorney fees in connection with default in payment thereof, shall be the personal and individual debt of the Owner thereof at the time the assessment is made. Each person, if more than one (1) , composing the Owner shall be jointly and severally liable therefore. Suit to recover a money judgment for unpaid expenses shall be maintainable without foreclosing or waiving the lien securing same. No Owner may exempt himself from liability for contribution toward the common expenses by a waiver of the use or enjoyment of the Common Elements or by abandonment of his lot. 4 . 09 Statement of Assessment Status. Upon payment to the Association of a reasonable fee, as may from time to time be established by the Board, accompanied by the written request of the Owner or any mortgagee or prospective Owner of a lot, the Association shall issue a written statement setting forth the amount of unpaid assessments and any other charges outstanding with respect to the subject lot, and the date when the same became due. Such statement shall also include credit for any 13 940261 advanced payments of common assessments, but no credit shall be given for any accumulated amounts for reserves or sinking funds, if any. The statement issued by the Association shall be binding upon the Association and its officers and each Owner in favor of persons who rely thereon in good faith. The manner and time for providing such statements shall be as provided by the terms of the Colorado Common Interest Ownership Act, as from time to time amended. 4 . 10 Liability upon Transfer. Any Owner who sells his or her lot in good faith and for value shall be relieved of the obligation for payment of assessments thereafter attributable to the lot, as of the date of the recordation of the deed transferring such lot to the subsequent purchaser. Except as may otherwise be provided by the Colorado Common Interest Ownership Act, as from time to time amended, the Owner transferring, and the purchaser of the transferred lot, shall be jointly liable for payment of all assessments and any related interest, costs and attorney fees attributable to the lot accrued through the date of such recordation, and the lien for recovery of the same shall remain in force against such lot. ARTICLE V APPOINTMENT OF ARCHITECTURAL CONTROL COMMITTEE 5. 01 Appointment of Committee. The Declarant has established an Architectural Control Committee, the initial member of which is Ivar Larson. Until all lots within the Property have been sold by the Declarant, the Declarant shall appoint the Architectural Control Committee, which may consist of one (1) or more persons as determined by the Declarant At such time as the Declarant has sold all lots, or on December 31, 2000, whichever date occurs first, the number of members of the Architectural Control Committee shall be established and appointed by the Board. No member of the Architectural Control Committee shall be entitled to any compensation for services as a member of the Committee. The address of the Architectural Control Committee shall be at the principal office of the Association. 5. 02 Architectural Control. No building, fence, out building, or other permanent improvements shall be erected, placed, or altered on any lot until the construction plans and specifications and a plan showing the location of the improvements have been approved by the Architectural Control Committee as to quality of workmanship, quality and type of materials, the esthetics and harmony of exterior design with the character of the community and the existing structures, and as to location of structures with respect to topography and finished grade elevation, and compliance with these covenants. 5. 03 Rules of Procedure. The Architectural Control Committee may adopt rules and regulations from time to time establishing design 14 940261 criteria not inconsistent herewith. The Architectural Control Committee shall meet at the convenience of the members thereof as often as necessary to transact its business. Request for approval of design shall be made to the Committee in writing, accompanied by two (2) complete sets of plans and specifications for any and all proposed improvements to be constructed on any lot. Such plans shall include plot plans showing drainage and grading plans, the location on the lot of the building, wall, fence, or other structure proposed to be constructed, altered, placed, or maintained thereon, together with the proposed construction material, color scheme for roofs and exteriors thereof, architectural renderings, and proposed landscape plantings. The Architectural Control Committee may require submission of additional plans, specifications, and of samples of materials and colors prior to approving or disapproving the proposed improvement. Until receipt by the Architectural Control Committee of all the required materials in connection with the proposed improvement to the Property, the Committee may postpone review of any material submitted for approval. 5. 04 Approval of Plans. The Architectural Control Committee shall approve or disapprove plans, specifications, and details within thirty (30) days from the receipt all materials requested by the Committee and shall notify the Owner submitting them of such approval or disapproval in writing. If all samples, plans, specifications, and details requested by the Committee have been submitted and are not approved or disapproved within such thirty (30) day period they shall be deemed approved as submitted. One set of plans and specifications and details with the approval or disapproval of the Architectural Control Committee endorsed thereon shall be returned to the Owner submitting them and the other copy thereof shall be retained by the Architectural Control Committee for its permanent file. Applicants for Architectural Control Committee action may, but need not, be given the opportunity to be heard in support of their application. Refusal of approval of plans, location, or specifications may be based by the Architectural Control Committee upon any reasonable grounds, including purely aesthetic considerations, which in the sole and uncontrolled discretion of the Architectural Control Committee shall seem sufficient, reasonable, and not capricious. The Committee may condition its approval of any proposed improvement to property upon the making of such changes therein as the Committee may deem appropriate. 5. 05 Filing Fees. As a means of defraying its expenses, the Architectural Control Committee may require a reasonable filing fee to accompany the submission of plans to it in an amount to be fixed by the Board of Directors of the Association from time to time No additional fees shall be required for resubmission of plans revised in accordance with Architectural Control Committee recommendations. 5. 06 Completion of Improvements. Any improvements approved by the 15 940261 Architectural Control Committee shall be timely commenced and in no event commenced later than one (1) year from the date of such approval . If not commenced within such time, the approval of the Committee shall automatically expire and the applicant must thereafter resubmit all plans to the Committee for reconsideration. The fact that a proposed improvement has previously been approved by the Committee shall not require the Committee to again approve such proposed improvement if the approval has expired pursuant to the terms of this paragraph. Once approved improvements have been commenced all such improvements shall be completed no later than one (1 ) year from the date of commencement. 5. 07 Inspection of Work and Notice of Completion. The members of the Architectural Control Committee, and any agent or representative thereof, shall have the right to inspect any improvement to property prior to and after completion, provided that the right of inspection shall terminate three days after the Committee has received from the applicant a notice of completion. 5. 08 Estoppel Certificates. Upon the reasonable request of any interested party, and after confirming any necessary facts with the Architectural Control Committee, the Board shall furnish a certificate with respect to the approval or disapproval of any improvement to property or with respect to whether any improvement to property is made in compliance herewith. Any person without actual notice to the contrary shall be entitled to rely on said certificate with respect to all matters set forth therein. 5. 09 Non-Liability. No member of the Architectural Control Committee, the Board, the Association, or any other agents, shall be liable for any loss, damage or injury arising out of or in any way connected with the performance of the Architectural Control Committee. In reviewing any matter, the Architectural Control Committee is not responsible for reviewing, nor shall its approval of any improvement to property be deemed to be, and approval of the improvement to property from the standpoint of safety, whether structural or otherwise, or conformance with any building, zoning or other codes or governmental laws or regulations. ARTICLE VI GENERAL PROVISIONS 6. 01 Term. These covenants as set forth in this Amended and Restated Declaration are to run with the land and shall be binding on all parties and all persons claiming under them for a period of twenty-five (25) years from the date they are recorded after which time said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by seventy-five percent (75%) of the then Owners of the lots has been recorded agreeing to terminate said covenants or change them in whole or in part. 16 940261 6. 02 Amendments. Except as set forth in Section 6 . 03 hereof, the Owners of seventy-five percent (75%) of the lots may at any time modify, amend, augment, or delete any of the provisions of this Declaration provided however that: (i) no amendment shall be effective with respect to any person not having actual knowledge thereof, until such time as notice of such amendment is filed for record in the Office of the Weld County Clerk and Recorder; (ii) no amendments may be adopted which would be inconsistent with any condition or covenants imposed by Weld arimer County as a condition of approval of or any matter as set forth in the recorded Plat thereof,; (iii) the Association may not be dissolved without the prior permission of the Board of County Commissioners of Weld County; (iv) no amendment may be adopted which affects the obligations of the Association to comply with any mined land reclamation plan or requirements related to water augmentation plans; and (v) any of the following amendments to be effective must be approved in writing by the record holders of all encumbrances on the lots at the time of such amendment: A. Any amendment which affects or purports to affect the validity or priority of any encumbrance; or B. Any amendment which would necessitate a mortgagee after it has acquired a residential lot to pay any portion of any unpaid assessment or assessments accruing prior to foreclosure, to the extent the amounts would exceed the priority of such assessments over that provided by the Colorado Common Interest Ownership Act, as amended from time to time. 6. 03 Mortgagee Protection Clause. Except as otherwise provided by the terms of the Colorado Common Interest Ownership Act, as amended from time to time, with respect to the priority of the lien for assessments, no breach of the covenants or restrictions herein contained, nor the enforcement of any lien provided for herein, shall defeat or render invalid the lien of any mortgage or deed of trust made in good faith and for value, but all of said covenants and restrictions together with any preexisting liens for maintenance assessments shall be binding upon and effective against any Owner whose title is derived through foreclosure or through trustee sale or through deed given in lieu thereof. 6. 04 Enforcement. The provisions of these covenants may be enforced by any Owner or by the Board of Directors of the Association. In addition to lien foreclosure, enforcement may be by proceedings at law or in equity against any person or persons violating or attempting to violate any of these covenants either to restrain violation, or to recover damages, or both. All remedies provided are cumulative, and pursuit of one shall not bar pursuit of any other, independently, or jointly, and in any sequence. 6. 05 Severability. Invalidation of any clause, sentence, phrase, or provision of these covenants by judgment or court order shall not affect the validity of any other provisions of this Declaration which shall remain in full force and effect. 17 9W0261 6 . 06 Application of Colorado Common Interest Ownership Act - Conflicts and Provisions. The Property which is subject to this Declaration consists of fewer than ten (10) units, and the Declarant has not reserved rights to add additional units or real estate, or to subdivide or withdraw units or real estate, or to convert units to Common Elements. Declarant hereby adopts those portions of the CCIOA which are required by Section 38-33 . 3-117, C.R. S. , and those other provisions of the CCIOA as are referred to in these Declarations. Further, the Declarant hereby elects to apply the other provisions of CCIOA, but only to the extent that they are not in conflict with any other provision of this Declaration. Notwithstanding the provisions of 38-33 . 3-203 , C.R. S. , if a conflict arises between the terms of this Declaration, and the provisions of CCIOA, this Declaration shall control unless the CCIOA specifically provides that such provisions of the CCIOA are mandatory or not subject to the ability of the Declarant to elect not to apply such provisions. This Declaration and the CCIOA are to be construed and applied in such a way as to be complementary and supplemental to each other, and the remedies provided by this Declaration and the CCIOA are cumulative. No conflict between this Declaration and the CCIOA shall be deemed to exist by virtue of the lack of any specific provision appearing in either, and a conflict shall only arise if specific provisions of the two cannot be reasonably reconciled. The Board shall have the power and authority to determine and resolve any such conflicts in accordance with the foregoing principles. IN WITNESS WHEREOF, this Declaration has been executed by the Declarant who is the Owner of all lands in the Property, and mortgagees holding any lien against- the Prop ty, whose signatures and identification of Ownership in ere far set forth below. Iva -W. L soon Donna M. Larso STATE OF COLORADO ss. COUNTY OF LARIMER Sworn and subscribed to before me personally by Ivar W. and Donna M. Larson this /74/, day of 1/4-726-1,c.(e,t(,.e4 , 1993 . WITNESS my hand and official seal. My commission expires: ,3 - //- 0-90 / Notary Public V 18 940261 s � t � pams. 1/314444 ` chat$,: __ t __ 4-4 Lf6 . Lw d Cason.* Vide Cower Oat b Rat Right-of-Way Gram • Jams Jo Darla KNOW All.MEN NT THESE PRESENTS.Oho - - .. a . ._ a of tee Post a the Office of Greeley ; e Sate of Colorado 1 bw;safter(sierrad to u'Greater"hhoeher oat or men),is c000Atvnto.of One Dollar($1.001,to him is heed paid,receipt of which is hereby aekadedted,sad the further cardmtie.of I 1O_M Rain rd,to bepaid before the specified doe. per pipe lime hrnsdtP • •D ;a laid. berth peat ad easy sole PANHANDLE EASTERN PIPE LIKE COMPANY,•flotation Caperatlee,hang a .I office re Kagan City Missouri.its•ercessere sad an;pas,he ai.4I.r mend to r"Gene;•a RI�Mf•Nav t. .: lay,ewewct,wut•is,lora,uapect,repair,replace,relocate,chugs the site of,open,sad neon•pipe line. y> f drips,pipe lin east...,valves,'archers.reseler*.cathodic ry.;pwnt,tear lead.,sad all appanueeres eaves- ,-...4-:: ri' d Hat for he v;ansoaco ad await=of said lite sod for iktruspertatioa of oil,gasl or taker substances penis, - ce ado.,w,rev sad throat*ha predate hereafter described.sad the Gamin is pasted the right of Irma sad ern.. el to,w,fm sad owe he Irlesi described eoa for ha 6 e of pre.•elan .t;ad is he Corey r Weld ;e the Slate of Coloretle � .trait: l r •• All of the Northeast Quarter and .11 that pert of the Southeast Quarter lying North of the Little • bspeon Slyer in Section 14, township 4 North, tangs 6S Vest of the r' 1 1 - 6th F.M., Weld County, Colorado t . P de �.. r- 1 ii: TO HAE'E AND TO HOLD..id eaeeeeere,rights.ad right-of-way sate the said PANHANDLE EASTERN PIPE ^c e I ' UNE COMPANY,i oars ad.sips. i •1., l Caseate is have the right to select awl dam the rest*of IS.pipe Rae steno eetL«ieed to M laid.ids,.pa. -a'av Y _ one and hreedt the*ewe doaerikd premises.All pipe installed heno•da•shell he burieda minims.f_t.inches errata*r "c. �: Grate shelter errata piece wilds;ever or al clue to the pipe has r other facility et Galan a will he - ,: likely I.tpterfere with Grants.•aurveillaa el r stens thereto by see al egaipeeat or seas eeremrily oaplojed -' r A is the sr.eillgee of or sointesace r pipe lines se Weria.11y seer ha original core eon the pipe line le he t ' -^,'.... . nt&teed belw Whichever is the greeter of•=juiciest cater of two 121 feet or below the whiner aver narked at say ,2-.• ., � time by any applicable pipe lite safety code.All dosage to growls'crap.,drainage G sa d d fosses ses of Gorr ace s- -n,•.• sindd% 1.ca.rnctia or repair of say of the facilities hue;.ashoriad to he wo od by ista;sad awe operstGera -at:�t_.'t 'shall he prey Grantee after die dsep;a doss. 7; , ' i_ Ft } ,It-4 Y' L Protect of all mossy*broods.dr kneeler way be paid tag Jane. I• Ont. -',.. r 1721 Sth Avenue. Suite a Creels, CO 80611 _ ' This Great Jell he hiadiag apse the hairs,.curer.,ads;a;stn se ter.aeear ad.. assign ti the pall.s t r henna,ad ell nibs.knit greeted.at ay of hew rpranly.say ha abased or oedipal is whole r IN pro.It Is adr.teed due his Great Cana he che.gd is ay way incept is teitfag,signed by he Greater ad•duly a.henad 1' sent al he Gratee. 71is leetn let prepared by Co Y. kaki= P.0.Boa 1SU.Kan.City. • t — Nuoari µlet pamelz �1O1>L PIPE L18< CO@1Blp also hawing a Lpl, address of - P. 0. Sox 127 tightens Colorado 80601. 6th."! d d II Fehrui H E0 the Gears lure Manic at Hsi r k As ad seals this _ Fah ,A.D.,19 Cate^r t - - Jot. Jo DiKt -.moo. 11 i r,tr ... _ I ,. � p I�.v-�—..� -.... a -i:, �1 n r r- dg. A.' ly t. t Y' A(INOILE00NENT FOR RUBBAND AND 91FF: 1819449 SPATE OF 1 4 1as.Y _T COUNn OF 1 _ 4 Tba r..ego:mg ie.vreat r..ackanrledpd berate we ib:•_,day of 19 .. by ud b6.ife. •t- / _� .3.;' 1%. My CaY:M:.a expire.: '1 . �.�t a t. e INDIVIDUAL v.-.r,- " ACKNO*LEDGNFNT FOR SEIROCOMNSIODER •,ll':s 1 .Z.. - Tqa ::;1_•,.. . _1 SPATE OF Colorado )Wld t!--• i COUNTY OF ) d .)-;.,,.'%:• .‘-."1: yam+ a Tb•fongo:ag ia•tteeat was acknowledged Inlets es tile 8th,day a 4brtury 19 80 . •; s.•.+:: Janes J. Data t•„:;•r•.._�::-. by ..a..,.t :Ir 4) r I naf.,,a 5.t :. J. ,. '� January 18, 1983 Nancy 5. rawer -i.faatax.:F • aa1.f'UBl:o:8 • -av ,• 4%. ....00# ACC?OSLEDGUFNT FOR CORPORATION '-a :kb.' t p: STATE OF 1 ( • 1 ) ... n"•- COUNTY OF 1 - ^' •.' "fk . < Y ne f.ngo:eg iaawra was acknowledged kern ea ibis_.day•r 19—. •Fr 7 be . • e Si cap.r ila,a banana the capatat:o•. . at...t.e.tt . My Coaairoioa',plies: .: A gt 1 y, • . _.. .... a 9 = 8 • _ . . . . � .� { V •, jT. j { a. g T Ill 1 F d s g a _.,, ' - P. ' 4..01. r yE g = i b jI t of 1,..1 I .yfS ! i O •tf i Al 4.4 U 1 S 3 t• o N WgZ L. 0 : i .,,,,„••:,... r � 7 gt O - z i £•' - co ! I• I 4( b .. Y c T .....:fl 8 "� i . 1-: 1 .� i ;t 1 <•. r. y s�z' qw /4 DEC 15 19111 ' • e. *,.ware a p�.4r}m9yddsh 1von et Ceased*,, wed COw clew 0 ewes J r? COLORAI)Q . ...tare' . F Right-of-Way Grant ;r d l 4 -!A. y t l 6 • KNOW ALL MEN Hl E l (1IIJ YREN:N IN. 11/41 James J. Darla •Y< .”."•: • • at the Pet()Okra Crosby ,g the stew a Colorado hereinafter mewed to se Cu- nt, •I.hrther s m awe ar e me rarderaties of O..Dallas(II 001,to hia _.ahead paid,receipt of which is hereby a6.akdpd..d the fonhee .101.4iltiera d •. .. $ 20.00 per linen red,t.•be paid beton die line pipe line hreiaaher epectflac s let does M, _ 'J"' • bent sot ad ratty to PANHANDLE ESSIERN PIPE IJNF COMP\9Y, • Delman, Cepsalioa, baring .e t r vwi _,'�'. Ake is ha•... Cite. Vi..wi, its• cees...a ad•wiry,hentnee«evicted is ea"Drama."•q•h,•at-Ray a lay, emoemotive.rv , et eve n n,Ie.n. spect repair,replace,relocate,cheese tie see of,agents,sad revue a pipe lint i '- • r 'Fti• and from tare to time addtued v pipe line lines, drape,pipe leer raven,%are*.labn ar ,rec•trets -LSa1H9t x c ,cathodic ' r .-- r raiment. tot leads. ad r all sppsaesenc•s (weeniest(or the w.....e.d(amities el sad Nee.sad fee the 1: er roc .y i Ir.aapvaue .f ail. en. other erbeaac.s ante.seder,r r end threash the premise bendier described, - sad the Granter is grand the right d u d. to,na,fan sad ever the fallowing dear'bed (s v:.. o rtes r peat•n I 1 d R premises the pupa.aforementioned a de Ceram cot is the Sate el Colorado,reek: y. - The Northeast Quarter of Section 14, Township 4 North, Range 68 Vest of the 6th Tail.', :- F3 Veld Cotmty, Colorado, except Warranty Deed recorded in Book 881, Reception No. 1802949.n., , 'acre. cti1-•r' .: ", r • - c:a .tF•i. ill a v -',far sal. F:a,•' s 1 F_:: c de ` c Sets. e TO HAVE AND TO HOLD •ad ea•rneea.rights.sad right.eb.ay ate the said PANHANDLE FASTF-RN PIPE !y.) LINE COMPANY, its*recesses tad assays. • ' a,o, .ay.N ,r3 t. r I •:1•7:;:e.“;:.,..f4.1;:. Ge.tea to has die right to.el«t eel chose the roaled(.l a pipe IiaZheni•medicated to be a .� laid Oder.epos, am d •above described premises.All pipe installed hereunder shell be bald•mine k t no at ilarin inches,Crater skit I net cwarat er place anything over or so closet*ay pit.I or ash«facility 5 y el Crate es all he likely is;seder*with Gatev'a surveillance el or access thereto by.se of egalpmeal or meta csst•aurily employed to the 'realism( of Or ri.teaace of pipe Iiaa new tateattsedly cease the stripiest cover _- over ay pipe line to be reduced below whichever is the realm el a muiwn cave of two 12)feet s beta the mist. am r•labed at say time by oar applicable pip It..safety Bade.All damage to rowing crnes dninne tile j _, t• ad faces of Grantor occasioned be the ceaswmtir v repair of ter et the(militia herein ethereal a he mss• .e. tamed sad apemd by Grose shall be paid by Gates after the damage is dos. sad dare.8 mat redly area , was, to be .aerated od determined ar three dieintereetd petases,age to be appoint:d by the Croats,ow to be appointed by the Grote.ad the third to a chat.by the tee so appointed.The arnica awvd of such dime anon ' shall be real ad conclusive, -" •r•James J. Davis v Payment et dl rower.6ma.ias dw amender may be sled to_ t e -.► .. at 1221 Eighth Avenue. Suits D,,,treeler. Colorado 80631 - This Crest shell Is bidies spa the heirs, eamrters, dnnimatm. .saesson, sad ...ign.at the parties bent*, ad all rights aegis road,or say al then separately,me be released or assigned in whole at in pert.It is ' endorsed that dilating:cense be cleated a say wag meta in.rating.sited by the Qatar ad•duly adverted spec at the Grasse. This imbuement prepared by C. R. Jenkins P.a 8m 1248.teas..City, Nasal 64141. PADRARDLE EASTERN ?In LINE COMPANY, also having a legal address of 7; 0. Ear 127, Brighton. Colorado 80601. 22nd 1 15 WITNESS WHEREOF.the Creston have hereunto set their had.ea Scala this der d Ottober /1 a t } .1etas J. Davie U .;.•-;-::-v 'ciiy.;,r... b- `e t` r' "':i c: 'f .., • ....1..v. ..;..: . ..y ;N•rt•:v+. :n#. C tr IY'rii : '.71. !- rat'::':. . glad ?i•:i1,0..2_;;;'Ihh.:i . +.Jaira ,.}'/::7, RI/f flirter , , • . , .t + F . knee 0°°K 922 •- • -a ACILNOuLFDO1GE`!T FOR HUSBAND AND ■IFE STATE OF COLORADO ) a.. •^ COUNTY OF I 't'• Ter foregoes'I,tnmeat wee sch.neledgsd bete r ma di. .clay a l9_. _ .. .... ky bwhwd sod.ife. - '�'- ' x is - . . - ....My Comm...on atone: Y4 y 3 iA."w. . L....- I'; ACCNOvLEDOIENT FUR INDIVIDUAL i W A . ' STATE OF COLORADO 1 f S t �I-1 COUNTY OF WELD ) 1< s.;. i, ,r, The faegofog inseam's%was cc tnwledged before me,bis 2 nd .day of [Ober 19 BO » Ierk \.t,.( J• G f Sy James 3. Davis t' t • � STAR `; Y •"�.e,.:,t, .. F} 't s is r isyi. January 18. 1983 m . +tea �C r . � AC L%OVLTQ)QiT FOR CORPORATION STATE OF COLORADO 1 ' ) s.. COUNTY OF ) e • n The(engrain w selao.4 a, _.dged bet no this day et 19_. _ be • . of .a is x-•'- erepststios.ea babel(-f the cotpr.iiw. - s. .u.a. .ertc ^ off. M I: a 11. i 's 7 •.. 4 W.• 1 , ^ t. 3 N . `LID o j • . a •45i. o O . `8 I 2 e i j t...:.. t 6 C • a V i• 2 •so •. WZ8 0 a ai amp.. .Y W U 4 S d 2 .'N4 8 aLI€ o ° s e t R .t-...,.. Yxrn. �.'j'.." .a 1.... . .y. v::, k. . •:�.nY., ;'t'.':n. .. a. . a_ ,+`1::. .. �'jvL'.l'-a's4 ..a ..,..:..k:• . .c a �.z 'cA.�'%'s S'.>a' ytat 33 . 'i .it) I ROAD CONSTRUCTION COST ESTIMATE: 1. Materials & Installation = $60, 700.00 2. Seed for borrow ditch = $ 6,500. 00 3 . Culverts = $ 5, 200.00 TOTAL = $72 ,400. 00 940261 ' C N N R'\ w m • - . I •-i,N !f w `m . 2 W N(t(!JI� cdw ¢ m m._8� ¢ = < w r0t - W ,,tit. W -1 - UI oFW nW ! C(y� Ed 5 -' a. Z - - 'Si aJr< CO CC ooco in C //w ¢ .-0.1J N m. C w. up , e 8 6 J w r--44 -- Q -<--1-- .--�-p o .W a Z• c in_C0 } � W OmWZ ' C - d .o O m mm in.. - = ( f CC au=a 'J- - = J hit TZ U emut 2- } _ _ - ‘6:.• <" - 7.1 r,o. ---.- :,...-. :,.:. Y • ..2'ZJ ' - g70 t52 Z - a ,mS O- Z . r t p ¢ . ::...,:....,........:.,..,..:.,, . O > xn_zo .. - — m� 'e_8m LL: ZQ . la:� In 1.- -1NF- - c -. W= WO 4 ' n. - o p e W W : n oR 3 w C • r I,i, f - O .: - Ij § S . E - Z - < N 0C_O •,- • O 0.81 c� O _ _ . ma NOt7ID �:C —_�__.. ...1 _ .fig ¢ Jx m W - - > . N D ... z Q b - _ L :- Q -' i. e o :2W o- cm -oon- W LL -, O c _ r OinNNC• -i-- - m o • c n Y et° . in -i •u,.- u) N.NC Cm •0-. C Z -i N _ t- O . M 'a p C N -i '••D ti_ _ Co .- 0 • m Cr ;'. -.4 a - X N u) _ - - D c U ,-. -i3 .. .r , C _` w a - y .C O 3 r - % I znmO pi . CD NO W K3 • - 4 - Z . - w -' CC2 `> ' W O - ] — - _ . Q -'' Ir H U • C h l.4 L' W b• V L_ ... uio - • • = m O inNOOvo- O -- U - y c < O -iMN; W o -i w - _ .� vi C CO - - -. - ---- . . . . W N m •-i C c •-I- IC': I- •Q C - N c - C L. c me_ C zW -0 - • M - O V.IcoQ - rd) W N — c � OU <o O Z 0- _ I- F- lJ > O J C.- N J - n : m - O U in W W O - - - W N -4 C Z O O -i C. CC U - - - O W ONLL -i ••• U O •- )- W I-- • O — - -i O LQ >- I- CC Li_ CCC - - CC to C -o _t Z2 - or i= i- wW O_ c X C • -O3 0: O F- 3 COQ -Z-3ZCN -. • C a � oo C N W 5 C O 3 O - � - ' r- O • 3.^ as -- J Cr CO E ¢ X UJ N-7J _ - u� NOO 35 W -7 1- I.- 0 O m _. Ih � N -0 �. • - .. o (-12,.., OO zmo �.. x w O O O r W a. N M1A m I- 3mZnQ3 - - - - -- a I:. .. .`lOAii.Tkt •-, B 1412 REC 02360017 11/17/ 93 09 : 37 $20 . 00 1/004 ?3360J17 F 0894 ' Ty ANN FEUERSTEIN CLERK & 'CORDER WELD CO, CO CORRECTION WARRANTY DEED THIS DEED, Made this 17TH day of NOVEMBER, 1993, between L. & L. , INC. , a Colorado Corporation located in the County of Larimer and the State of Colorado, of the first part, and IVAR W. AND DONNA H. LARSON, Tenants in Common, of the County of Larimer and State of Colorado, of the second part: WITNESSETH, that the said party of the first part, for and in consideration of the sum of Ten Dollars and other good and valuable considerations to the said party of the first part in hand paid by the said party of the second part, the receipt whereof is hereby confessed and acknowledged, has granted, bargained, sold, and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the said party of the second part, his heirs and assigns forever, all the following described parcels of land, situate, lying and being in the County of Weld and State of Colorado, to-wit: ALL OF THE NE1/4 and all that part of the SE1/4 lying North of the Little Thompson River in Section 14, Township 4 North, Range 68 West of the 6th P.H. , Weld County, Colorado: EXCEPT, the following described property: Part of the NE1/4 of Section 14, Township 4 North, Range 68 West of the 6th P.H. , Weld County, Colorado, being more particularly described as follows: Beginning at the Northeast Corner of said Section 14, and considering the North line of said NE 1/4 as bearing East and West with all other bearings contained herein relative thereto. Thence South 00°27'42" West, 1821.68 feet; Thence North 34°46'24" West, 344.55 feet; Thence North 27°31'32" West, 153.49 feet; Thence North 19°32'43" West, 124.90 feet; Thence North 16°11'32" West, 259.48 feet; Thence North 30°01'40" West, 487.79 feet; Thence North 26°22'29" West, 399.87 feet; Thence North 47°08'52" West, 375.00 feet to a point on the north line of said NE 1/4 and the approximate center line of Cnty Rd 46; Thence continuing along said North line, North 90°00'00" East, a distance of 1,092.92 feet to the Point of Beginning. FURTHER EXCEPT, the following described property: That portion of the East Half of Section 14, Township 4 North, Range 68 West of the 6th P.H. , County of Weld, State of Colorado, more particularly described as follows: Considering the North line of the Northeast Quarter of said Section, as monumented by a 1/2" rebar at the Northeast corner and the North Quarter corner of said Section, to bear East and West and with all bearings contained herein relative thereto. Beginning at the Northeast corner of said Section 14; thence along the North line of the Northeast Quarter of said Section West 1723.92 feet to the centerline of that certain 60.00 foot wide access, utility and irrigation easement described in Deed recorded in Book 1064, at Reception Number 02005185, records of said County; . thence along said centerline the following three courses and distances: 940261 3 1412 EEC r 360017 11/17/93 09 : 37 220 .00 2/004 F 0895 MARY ..NN FEUERSTE'_N CLERK & PECC_ JER WELD CO, CO South 03°13'14" East 222.70 feet to the beginning of a tangent curve concave to the East, having a central angle of 40°51'08" and a radius of 379.05 feet, the chord of said curve bears South 23°38'48" East 264.58 feet; thence Southerly along the arc of said curve 270.26 feet to the end. of said curve; thence tangent from said curve South 44°04'22" East 278.02 feet to the TRUE POINT OF BEGINNING; thence continuing along said centerline of said easement the following three courses and distances: South 44°04'22" East 115.09 feet to the beginning of a tangent curve concave to the Southwest, having a central angle of 45°23'00" and a radius of 167.41 feet, the chord of said curve bears South 21°22'52" East 129.16 feet; thence Southeasterly along the arc of said curve 132.60 feet to the end of said curve; thence tangent from said curve South 01°18'38" West 200.00 feet; thence North 88°41'22" West 360.00 feet; thence North 01°18'38" East 400.00 feet; thence South 88°41'22" East 228.25 feet more or less to the TRUE POINT OF BEGINNING. TOGETHER WITH A one-half interest in that certain 60.00 foot wide access, utility and irrigation easement described in deed recorded in Book 0983, at Reception No. 01910315, records of Weld County, Colorado, for access to the above excepted property and all the interest in the remaining easement described in the deed recorded in Book 0983 at Reception 01910315 , records of Weld County, Colorado. TOGETHER WITH THE land in the SE1/4 lying North of the Little Thompson River more particularly described as follows: ALL THAT PART of the East half of the Southeast Quarter of said section Fourteen (14) described as follows: Commencing at a point on the East line of said Section 138 rods north of the Southeast corner of said section; thence running in a southwesterly direction to a point 110 rods North and 40 rods West of the southeast corner of said section; thence due West 40 rods to the west line of said East half of the Southeast Quarter; thence North on said west line 51 rods to the North line of said SE 1/4; thence East on the north line of said SE 1/4 to the East line of said SE 1/4; • thence South on the east line of said SE 1/4 23 rods to the place of beginning, containing 22 acres more or less. Also beginning 70 rods North of the Southwest corner of the West Half of the Southeast Quarter of said Section Fourteen(14) ; thence northeasterly to a point 110 rods North and 28 rods East of same point; thence East 52 rods to the east line of said eighty; thence North 51 rods to the north line of same; thence West along the north line of same to the northwest corner thereof; and thence South along the west line of said SE 1/4 91 rods to the place of beginning, containing 29 acres more or less. Also commencing at a point on the east line of the Northwest Quarter 2 940211 ' 2 1412 PEC 0236001' 11/17/93 09 : 37 $20 . 0' 3/004 F 0896 MARY ANN FE ,RSTEIN CIERK & RECORDER WL D CO, CO of said Section Fourteen (14) whence the north one-quarter corner of said section bears North 0°20' a distance of 933 feet; thence South along the east one-quarter line a distance of 599 feet; thence North 10°45' West a distance of 300 feet; thence North 20°40' West a distance of 400 feet; thence North 60°55' West a distance of 255 feet; thence North 38°0' East a distance of 50 feet; thence South 78°10' East a distance of 155 feet; thence North 33°50' East a distance of 58.5 feet; thence South 34°35' East a distance of 58 feet; thence South 58°20' East a distance of 85 feet; thence South 32°35' East a distance of 186 feet to the point of beginning containing 2.01 acres more or less. TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the said party of the first part, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO RAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the said party of the second part, his heirs and assigns forever. And the said party of the first part, for itself, its successors and assigns, does covenant, grant, bargain and agree to and with the said party of the second part, his heirs and assigns, that at the time of the ensealing and delivery of these presents, it is well seized of the premises above conveyed, as of 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 convey the same in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and encumbrances of whatever kind or nature soever, and easements and restrictions of record, and the above bargained premises in the quiet and peaceable possession of the said party of the second part, his heirs and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said party of the first part shall and will WARRANT AND FOREVER DEFEND. The singular number shall include the plural, the plural the singular and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, The said party of the first part hath caused its corporate name to be hereunto subscribed by its President, and its corporate seal to be hereunto affixed, attested by its Secretary/Treasurer, the day and year first above written. L. LL INC. BY Iil '" ' �},0'rST e�dent ATTEST: '-p "" _ gcretary/T as rer • ;Ord; : ,, ,.. : :... , ... .,.. „ca ... ... .:. .•.......0 , ,...„ 40RItVO 3 9402G1 3 1412 PEC 02360' 7 11 /17/93 C9 : 37 3220 1 4 /004 F 0897 MARY ArN : -UERSTElN CLERK & RECORDER . £LD CO, CO STATE OF COLORADO ) ss. COUNTY OF LARIMER ) Sworn and subscribed to before me personally by Ivar W. and Donna M. Larson this 17th day of November, 1993 . WITNESS my hand and official seal. My commission expires: 11-30-96 Notary Public: 4 940261 ' 440201 Hello