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T• a. eau; W". �` /� IQS t k 4 .€ - - i---J- ' 3 0 �� a e ^2 \ \ °� s f / >•y Z c P, `` ``'' — - c . . 47 i 9 r O J� i Yrt pw { m .4 a . 1A �e a rp a ^. u d 4 2UP e Ti AR2247O41 RESOLUTION d, o RE: GRANT CHANGE OF ZONE FROM A (AGRICULTURAL) TO PUD (PLANNED o U UNIT DEVELOPMENT) FOR R-1 (LOW DENSITY RESIDENTIAL) USES EXCLUDING ANIMAL UNITS AS DESCRIBED IN THE WELD COUNTY ZONING ' o ORDINANCE U 4 a 0 3 WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home o ,rw Rule Charter, is vested with the authority of administering the x • affairs of Weld County, Colorado, and 0 a WHEREAS, a public hearing was held on the 20th day of June , rn n 1990 , at 10 :00 a.m. for the purpose of hearing the application of .. w Antelope Hills PUD, c/o Duane Kunkel , 139 Sunflower Drive , o x Windsor, Colorado 80550, requesting a Change of Zone from A x• (Agricultural) to PUD (Planned Unit Development) for R-1 (Low -44 Density Residential) uses excluding animal units as described in ON U the Weld County Zoning Ordinance for a parcel of land located on u-) z the following described real estate, to-wit: o0 F Part of the NW} , Section 13 , Township 6 North, wRange 67 West of the 6th P.M. , Weld County, + 5 Colorado nw ow WHEREAS, the applicant was represented by Fredric Hattman, N Z and N a ✓ WHEREAS, Section 28 .8 of the Weld County Zoning Ordinance Uwa provides standards fur review of such a Change of Zone , and LI1 WHEREAS, the Board of County Commissioners heard all the ry HI testimony and statements of those present, has studied the request "I of the applicant and the recommendations of the Weld County a w Planning Commission , and, having been fully informed, finds that this request shall be approved for the following reasons: 1. The applicant has complied with all the application requirements listed in Section 28 .5 et seq. , of the Weld County Zoning Ordinance. 2 . The request is in conformance with Section 28 . 8 of the Weld County Zoning Ordinance as follows : X0690 900535 Page 2 RE: CO2 - ANTELOPE HILLS PUD a. The proposed PUD (Planned Unit Development) district is located within the Urban Growth Boundary Area of the towns of Windsor and Severance. The proposed PUD district is in d o compliance with the Urban Growth Boundary Area o Goals and Polices. The Windsor Planning Commission • 0 reviewed this request in its meeting of April 5, 1990 . The Town Board of Severance reviewed this request in its meeting of April 11 , 1990 . Both the A Planning Commission of Windsor and the Town Board o 0 3 of Severance found no conflicts with their interests . The attached Conditions of Approval w make the uses associated with the proposed PUD district compatible with the Urban Growth Boundary O Area section of the Weld County Comprehensive Plan. w cn b. The uses allowed in the proposed PUD district will • w conform with the performance standards contained in o x Section 35.3 of the Weld County Zoning Ordinance. ai a c. The uses permitted will be compatible with the • v existing surrounding land uses and with the future Li) H development of the surrounding area as permitted by � w the existing zone district. ✓ E o cn a d. North Weld County Water District will provide water ▪ wservice to the PUD district. o R., ^ e. Individual sewage disposal systems will be used to NZ serve the needs on each lot. 0 U f. Weld County Road 70 and Siasconset Road provide z adequate accesses to the property in functional classification, width, and structural capacity to ul co meet the traffic requirements of the uses of the 01CO N N proposed zone district. r-Icv g. The subject site is not located within an overlay district and does not contain any known commercial mineral deposits. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Antelope Hills PUD for a Change of Zone from A (Agricultural) to PUD (Planned Unit Development) for R-1 (Low Density Residential) uses excluding animal units as described in the Weld County Zoning Ordinance on the above referenced parcel of land be, and hereby is, granted subject to the following conditions: 900535 Page 3 RE: COZ - ANTELOPE HILLS POD 1 . Prior to recording, the following notes shall be placed on the PUD district plat: a. Prior to issuance of building permits , a law enforcement authority shall be formed according to 0 State Law. The law enforcement authority to be o C_) formed shall be capable of expanding to serve other areas to avoid duplication of overhead and other m o operating costs. o w b. All internal streets within the PUD district shall 0 3 be built to Weld County Standards. The internal c a PUD streets shall remain private unless other n w arrangements are approved by the Board of County a Commissioners. 0 c. A Weld County Septic Permit is required for each proposed individual home septic system and the rn system shall be installed according to the Weld o x County Individual Sewage Disposal Regulations. w Some sites may require Engineer Designed Septic H u Systems due to geologic conditions at the location. m tn H d. The following items shall be included as part of �H the PUD plan application materials: 0U1 Written evidence indicating the proposed PUD w district will comply with Mission Oil, Inc. ' s o w requirements as expressed in a letter dated z April 17, 1990. � z 0 ii. Written evidence indicating the concerns expressed by Colorado Geological Survey in its a A letter dated April 2 , 1990, shall be mitigated. Ln rn CO ro H iii. Written evidence explaining how contributions N on pro rata share basis will be accomplished CO w to the existing local Road Improvements District for Antelope Hill and Weld County Road 70. iv. Written evidence identifying lots requiring engineered septic systems. 2. Prior to recording the district plat, the plat shall be amended to show utility easements on the rear lot lines of each lot with a minimum total width of 20 feet apportioned equally on abutting properties . 900535 Page 4 RE: COZ - ANTELOPE HILLS PUD The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 20th day of June , A.D. , 1990.-k-1741144,;*zuelt“,;‘,, BOAR O COUNTY COMMISSIONERS ATTEST: WEL TY, COLORADO Weld County Clerk and Recorder and Clerk to"the Board ene R. Brant airman ti . )1- rBYs p y yy� ' "�j Geo ge 1�ennedy, Pro-Tem t eputy County Clerk i, 44y�� b APP OVED AS O FORM: onstance L. Har ert C. . Ki c v County Attorney a Go a' o U za a oo o a h w O ai 0 U W rna �• x s� �+ a CA C.) Z i H > W a E a U1 174 .4 D v W � W r <r Z N Z N 4 O s) a a P1 0 C7N � N 1 ri N CI. 1)00535 HEARING CERTIFICATION DOCKET NO. 90-14 RE: CHANGE OF ZONE FROM A (AGRICULTURAL) TO PUD (PLANNED UNIT DEVELOPMENT) FOR R-1 (LOW DENSITY RESIDENTIAL) USES EXCLUDING ANIMAL UNITS AS DESCRIBED IN THE WELD COUNTY ZONING ORDINANCE - ANTELOPE HILLS PUD A public hearing was conducted on June 20, 1990, at 10:00 A.M. , with the following present: Commissioner Gene R. Brantner, Chairman Commissioner George Kennedy, Pro-Tem Commissioner Constance L. Harbert Commissioner C.W. Kirby Commissioner Gordon E. Lacy Also present: Acting Clerk to the Board, Mary Reiff Assistant County Attorney, Jan Bnndus _Planning Department representative, Rod Allison The following business was transacted: I -hereby certify that pursuant to a notice dated May 9, 1990, and Auly published May 17, 1990, in The New News, a public hearing was -conducted to consider the request of Antelope Hills PUD for a Change of Zone _from A (Agricultural) to PUD (Planned Unit Development) for R-1 (Low Density Residential) uses excluding animal units as described in the Weld County Zoning Ordinance. Jan Rundus, Assistant County Attorney, made this matter of record. Rod Allison, representing the Planning Department, entered the favorable recommendation of the Planning Commission into the record. Fredric Hattman, of Gefroh Hattman, came forward to represent the applicant. Mr. Hattman explained this request to the Board. Commissioner Kirby asked if provision has been made whereby the owners of these lots would share in the costs of recent road improvements in the area. Commissioner Kennedy expressed concerns about the size of the lots, making certain each would be large enough for the installation of a septic system. No public comment was offered concerning this -request. Commissioner Lacy moved to approve this Change of Zone from A (Agricultural) to TUD (Planned Unit Development) based upon the recommendation of the Planning Commission. Seconded by Commissioner Kirby, the motion carried unanimously. This Certification was approved on the 25th day of June, 1990. -APPROVED: //n ����'' BOARD COUNTY COMMISSIONERS ATTEST: ""�'�' ��'�'� """'� WELD TY, COLOP.AD Weld County Clerk and Recorder and Clerk to the Boar ene . B Brant Chairman BY: /^-iJc-02.r v i h Deputy County Cle k Georree Kennedy, pro-Tem i Constance L. Harbert TAPE #90-25 ��-[.-L/ C.W. Kir DOCKET #90-14 PL0690 Gor ac 900535 c i'/ A T T £ N D A N C £ RECORD PLEASE -write or print legibly your name, address and the -name of the applicant or Docket # for the hearing you are attending. TODAY'S HEARINGS -ARE AS FOLLOWS: JUNE 20, 1990 DOCKET 4 90-14 CHANGE OF ZONE FROM -A (AGRICULTURAL) TO PUD (PLANNED UNIT DEVELOPMENT) - ANTELOPE HILLS PUD DOCKET # 90-19 SPECIAL REVIEW PERMIT - AGRICULTRAU SERVICE ESTABLISHMENT - _ROGGEN FARMERS ELEVATOR ASSOCIATION DOCKET # 90-21 INCREASED FEE FOR SPECIAL REVIEW _PERMIT APPLICATIONS FOR _SOLID WASTE DISPOSAL SITES AND FACILITIES NAME ADDRESS HEARING ATTENDING gAi GEFROH HATTMAN INC. ARCHITECTS/P_LANNERS CONSTRUCTION MANAGEMENT Fredric J. Hattman 135 West Swallow Road Fort Collins, CO 80525 (303) 223-7335 9005 3rz NOTICE Pursuant to the zoning laws of the State of Colorado and the -Weld County Zoning Ordinance, a public hearing will -be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th -Street, First Floor, Greeley, Colorado, at the time specified. All persons in any manner interested in the following proposed Change of Zone are requested to attend and may be heard. Should the applicant or any interested party desire the presence -of a court reporter to make a record of the proceedings, in addition to the taped record -which will -be kept during the hearing, the Clerk to the Board's Office shall be advised in writing of such action at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. BE IT ALSO KNOWN that the text and maps so certified by the Weld County -Planning Commission may be examined in the office of'the -Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, -Third Floor, Greeley, -Colorado. APPLICANT DOCKET NO. 90-14 Antelope -Hills PUD c/o Duane Kunkel 139 Sunflower Drive Windsor, Colorado 80550 DATE: June 20, 1990 TIME: 10:00 -A.M. REQUEST: Chan-ge of Zone from A (Agricultural) to PUD (-Planned Unit Development) for -P-1 (Low DQnsi-ty -Residential) uses excluding animal units es described in the Weld County Zoning Ordinance LEGAL DESCRIPTION: -Part of _the NW} of -Section 13, Township -6 North, Range 67 West _of the 6th P.M. , Weld -County, Colorado LOCATION: -Past of Weld County Road 23 _and south of Weld County Road 70; south Df _and adjacent to Antelope Hills Subdivision BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: -Shelly Miller, Eeputy DATED: May 9, 199D PUBLISHED: May 17, 1990, in The New News 900535 • = . COUNTY OF WELL` ) tX31`iid B. PeY ._`ids. bei-ng iiiy Iwo-n . says thzt he 3`- publi.iher of the New News , c weekly newspaper 7;J , 1_.. d + . Keeresturc in said Count; and IWTICK State; -that sa,d newspaper has a � tto�esaainelawsdthe tare of Colorado and fhe Weld g L.. E:r a : c 1 r c u:a t 1 on in said County County zoning Ordinance, a-public hearing will- be held in the and n a s been continuously as n.d chambers of the Board of County ,` _ r F .d • . 4.. J `h Cog ationers of Feld '..r:1� 4.:r. u�:� �•,., . y ;]to t:.� i L� e.. F�r_ .;�, redo, Weld County Cent�ennitayl Center, 915 i0th Street First during :a period orf at least Floor, Greeley, Colorado,at the time specified. 1 y fifty-two consecutive weeks prior to manner interestedin�th oe rfolLovring the first h n , r, p;.• i proposed Change of Zone are he` f1. .,. oval Cation Lf the _an .ed requested to attend and may be re r.O:t i G t': that said n-evim p a p e r is u Should the applicant or any interested party desire the newspaper within the meaning of the presence of a court reporter to ` r- e; ? * t make a record of the proceedings a o t the:. 3 e_r-.e r a l Assembly_-e<m t. / of e in addition to the taped record `; i• , c t�,� �! r , t Act will be kept during the t o � o _ o r a o, Br � L d "A i A c . hearing,_the Clerk-to the Board's Office shall be advised in riting to regulate the p r 1 n t i r_g of legal of such action at least five days + r?, , t•a �� and prior to the hearing The cot of notices and ca :e r t i-s e m e ,a I.d engaging a court re r s1mB be borne by the •eques� amendments thereto; that th-e notice BE TC ALSO KNO tiat _the test and maps so certified by]he of which t i 1 e annexed is cz printed Weld County Planning Commission may be-examined in the office of cep/ take-7- from s a i-d n e: F a r e . was the Clerk to the Board of County Commissioners, located _inn the r:; _ i_�.h c.e C: i saf.d newspaper , and ::? Weld County Centennial Center, 915 10th Street, Third Floor, "'"'s rp^yu ' ar and entire issue of G Colorado. every number .h c:. e o f , �•n e e a/�!', caNT: Ar,telooppee mus PAD c/o Duane Kunitel, 139 t." -4.rer week for 1 w e e i,.S r that s_a i d Sua lower _Drive, Windsor, Colorado 80550 notice was BO puolished in rte_-`.._.... DATE: June 20 1990 TIME: 10:00 A.M. newspaper proper and not_ ir any Change ofy�frail ARn�tural) to PUDnned _,u p r-I e:r,��l:i thereof , a r l d 1...Hat,�s �. t -, : U t �lt�iaential)HH-1 (Low uses i i rst pub . icat.ie�n of sa.ic` �-.otic-e as g3el arimm umta as desert in the Weld County a t i r.e c a i d, was c.n t h ` Ordinance LEG DESCRIPTION: Part of the NWi/4 of Section]3 'Tawnstup 1 8 Norm Range G7 Wesi of the Bth day f U� r t ---- `, ` `?':'�� P.114. Weld Counttyy Colorado. LOCATION: East of Weld County and the last on the RRoad 23 and south �Weld 1Antelope Hills Subdivision. BOARD OF CO _ NTYC°_ISSIOIJE \(N i\ BY MAARRLD Y ANN FEUEA CLE {AN �C � RECORDER ANDS RK T� r 111 k � ,7). -_ . B y� �0ARD y _._._ M:17b1tili M.�'trW News r �:, bs.c•e' tPd ar` ,.;wo: n. t. before ,f.e, th:lc. / 7kd.:-. ., of n,ia-7 , 1:?90. No .ary Public is My commission expires -471.-7 -9,9- 3 -/5--9-2, 900535 • • ArrIUAV1[Ur PUBLICATION NOTICE SI-I E OF_COLORADO Pursuant to the zoning laws of the State of Colorado and the Weld County T.00mg SS. Ordinance.a public hearing win be beard4s COON 11" OF W-ELU the Chambers of the Board of Com* Commissioners of Weld Cnty.S , °on Weld Connty CentetdelYaaMr. 9115 liath / Street.Pint Floor,Greeley.Coibt.dorat the II Q�j'a/ /J I r/l�in-s" ,of sand County of time specified. All pernom in thy manner • Weld, being duly sworn, say that 1-am (Alice malinger of interested m1M following proposed C1a�1 ��are requested teitlend and may is 1 I IE W INDS9R BEACON, INC. Should the applicant or any interested party M weeks newspaper hnvin n etteral client:Bon in said desire the presence of a court retorter to weeklyli I.'- matea_ ,ecordofshe-pm��_e�te_d �= County and Stele, published In the town of WINDSOR. in •tte6e�te ,the Clod the sOsna said Comity and Stele; end lhel the notice, of which the shall vised m+rridng of such action d anlle][ed Ism true copy, Ines been least five days_prior to the hearing.-The oat °rmgagi°g�. reporter`Wu bo ast published insnldweeklyfor / successive the-requesting u weeks, then the notice was published in the regular and BE 1T-ALSO KNOWN dial the test and maps ClintC Isstte of every number of the paper doting the period so certified by the Wet County-Plamir 1•1 g I Commission may be esadmed in the eBkeB ntul time of publication, end in the newspaper proper mill the perk to the Hoard of lam DOI In aan p plemetd,aml that the first publication of seid Commissioners,located m the weld c.� I 1 Centennial renter,415 10th Street, •l'giA notice was In said 'leper bearing the_date of the I'loa.Greeley,Colorado. ' e.4a- APPI1CANt n DOCKET NO.9044 -Antelope Hills POD dray of �/ WA-9--- A.U., 19 c/o Duane Karl and the last publication bearing the dale of the 139 Sunflower Drive Windsor,Colorado 110550 day-of A.U., 19 DATE,June 20.1990 I and Dint the-said WINDSOR BEACON has been published flat 10:00A.M. - continuously Mill uninlertuptedly for the period of 52 consecutive weeks, in-said County nod Slnle, prior to the REQDesr, change or zone from A dnle Ot first DlibilcriliOll of Said nollce, mud the same Is a (Agricultural) to PUD (Planned DiR Development) for R-1 (Low.Density 4lesh • newsy:ffper within the meening of nn Act to regulate printing dentia0 rases eseladmg animal ynin.a of Irgnl minces and ndvertisenicnls, -improved Mn 18. described bed the W County TarY Ordinance. 1931,bud all prior eel so far as In force. LEGAL 13,Township 6 cart atange wy.R C Suction IJ,Township 6 North,Barge b7lYast /(K of the 6th P.M.,Weld County,Colorado OFFI CE T I ANAUtit LOCATION,East of Weld County Road-23 and south of Weld County Road 70;-southof and adjacent to Antelope Hills Subdivision al‘w ONERS Subscribed and sworn to before-me this &.1I-) day BT+MART ANN FE Cm COUNTY AND CLERKCmTHERK BOARD of Lit LA i' 19 BY,Shay Mmm,.DeMy.. CO/1h( P ., CS-LIAVLA.C_— DATED,May 9;1990 - NOTAII I-THEIC 1Pa dm,MWm ecileawnna Jr7, •� My commission expires 1 - J3 q3 , . , ", a 9C053� DATE: May 9 , 1990 TO: -'he -Beard of County Commissioners Weld County, Colorado FROM: Clerk to the _Board Office Commissioners: If you Lave no objections, we have tentatively set the following hearing for the 20th day of Uune, 199-0 , at 10 :U0 A.M. Docket No. 90-14 - Change of Zone from A (Agricultural) to -PIID (Planned -Unit Development) for R-1 (Low Density -Residential) uses excluding animal units as described in the Weld County Zoning Ordinance - Antelope Hills PIM OFFICE OF THE CLERK , CLERKK _TO nTHE BOARD BY:�C1�. �f 141Qs �Deputy The above mentioned hearing date and hearing time may t e scheduled on the agenda as stated above. BOARD OF COUNTY COMMISSIONERS WELD NTY, COLORADO lereAtT4--- .� 7 F. 9(.:0535 WINDSOR REAL ESTATE COMPANY MARJORIE A.-KAD1U8,Owner-Broker Day or+vening: 424 Main St. (3O3)686-2937 Windsor,CO-8O-55O June 1-9, 1990 To: Planning Department and Weld County Commissioners From: Edwin and Marjorie Kadlub This is to restate more clearly our previous assertion that the storm drainage facility from the proposed new houses in -Antelope Hills third filing will culminate in a tile under the field road to _our irrigatian ditch, by agreement between the develapEr and ourselves. lir d in Th D. Kahl u-b� � / � n Marjor -iC. Kadlub L ,, l EXHI T 900.5_35 G Specializing in Commercial and Industrial Real Estate Q #��_ly r� 4 AI. J �Q J mission OII corporation Y TO 1800 west first street•loveland,colored°80537•telex:rca 284909•telephone 303/669-4885 June 13 , 1990 Board of County Commissioners Weld County, Colorado Re : Antelope Hills PUD - Zone Change Submission NW/4 of Section 13 , T6N, R67W Weld County, Colorado Docket No. 90-14 Dear Sirs: We are in receipt of your notice in regards to the Antelope Hills PUD. One of the stipulations for approval by the Weld County Planning Department was that an agreement be signed by all parties which would protect Mission Oil Corporation' s pipelines and future production facilities. To date we do not have signatures on the agreement from all parties. Those lacking include the Developer, Geofroh Hartman, Inc. , and Mr . Duane Kunkel , the building contractor . We have no objection to the development contingent upon the agreement being finalized by all parties to ensure that our pre- existing mineral rights for development of the property are protected. Sincerely Yours, (R 02-- 91 4 Ralph L Nelms Operations Manager cc: Mr . Kieth Schutt 9005 35 Weld County Planning Department v A Ai*/e/TF Summary of the Weld County Planning Commission Meeting May 1, 1990 Page 3 The Chairman asked the applicants if they had reviewed the staff's recommendation and if they had any objections to these. They have no objections. MOTION: Ann Garrison moved Case Number USR-909 for DPC Industries for a Site Specific Development Plan and a Special Review permit for a water treatment chemicals packaging and distribution facility be forwarded to the Board of County Commissioners vith the Planning Commission's recommendation for approval based upon the recommendation, conditions as amended, and Development Standards presented by the Department of Planning Services' staff, and the testimony presented by the applicants and audience. Motion seconded by Ernie Roes. The Chairman called for discussion from the members of the Planning Commission. Discussion followed. The Chairman asked the secretary to poll the Planning Commission members for their decision. Ann Garrison - yes; Judy Yamaguchi - yea; LeAnn Reid - yes; Rick Iverson - yes; Bud Clemons - yes; Ernie Rosa - yes; Jerry Kiefer - yes. Motion carried unanimously. The Chairman declared at recess at 2:20 p.m. The meeting was reconvened at 2:45 p.m. CASE NUMBER: Z-453 APPLICANT: Antelope Hills PUD, c/o Duane Kunkel REQUEST: A Change of Zone from A (Agricultural) to PUD (Planned Unit Development) for R-1 (low Density Residential) uses LEGAL DESCRIPTION: Part of the NW} of Section 13, T6N, R67W of the 6th P.M. , Weld County, Colorado LOCATION: East of Weld County Road 23 and south of Weld County Road 70; south of and adjacent to Antelope Hills Subdivision APPEARANCE: Rick Hattman, Gefroh Hattman, Inc. , represented the applicant. This request is for eight lots adjacent to Antelope Hills, the average lot size will be 1 .87 acres. This is a residential subdivision and they would not want livestock on any of the lots. Antelope Hills is a unique area in the County, and no prime farmland will be removed from production. He also discussed soil types in the area. 900535 � ,7- hi hi+ C. • Summary of the Weld County Planning Commission Meeting May 1, 1990 Page 4 The Chairman called for discussion from the members of the audience. Harold Drieth, surrounding property owner, stated existing property owners want all streets in this addition paved. They also ask that proper drainage for the lots be installed prior to any building permits being issued. Lee Morrison explained these are County maintained roads, but maintenance of internal roads in subdivisions have a very low priority. Ralph Nelms, Production Manager, Mission Oil, distributed an outline of the Company's concerns regarding the natural gaa line running through this property, and possible impacts on current and future oil and gas production in this area. This was retained as Exhibit f24. Gerrie Brodzinskf, area resident, stated they are pleased with the way this has been designed. However, they do not want livestock allowed on these parcels. Keith Schuett stated tha Weld County Zoning Ordinance allows two animal units per lot in the R-1 (Low Density Residential) zone district. The request of the applicant was to amended the application to read: "A Site Specific Development Plan and a change of zone from A (Agricultural) to PUD (Planned Unit Development) for R-1 (Low Density Residential) uses excluding animal units as described in the Weld County Zoning Ordinance. Lee Morrison stated covenants could be placed on the eight lots or restrictions can be placed in the standards, but this cannot be done until the last step in the Planned Unit Development process. The Chairman asked Keith Schuett to read the recommendation of the Department of Planning Services staff into the record. Rick Hattmanistated he had reviewed these with the staff and they have no objections to them. He is also in favor or amending the request to exclude animal units. Marg Kadlub, area property owner, reported they do have an agreement with the developers, but it has not been submitted. This will be drawn up to comply with the necessary requirements and resubmitted. NOTICE: 3:20 p.m. LeAnn Reid left the meeting. John Brunner, surrounding property owner, inquired about the law enforcement district. 9C053S Summary of the Weld County Planning Commission Meeting May 1, 1990 Page 5 MOTION: Bud Clemons moved Case Number Z-453, Antelope Hills Planned Unit Development, for a Change of Zone from Agricultural to Planned Unit Development for R-1 (Low Density Residential) uses excluding animal units as described in the Weld County Zoning Ordinance be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for approval based upon the recommendation and conditions prepared by the Department of Planning Services staff and the testimony heard by the Planning Commission from the applicant and the audience. Judy Yamaguchi seconded the motion. The Chairman called for discussion from the members of the Planning Commission. Discussion followed. The Chairman asked the secretary to poll the Planning Commission members for their decision. Ann Garrison - yes; Judy Yamaguchi - yes; Rick Iverson - yes; Bud Clemons - yes; Ernie Rose - yes; Jerry Kiefer - yes. Motion carried unanimously. The meeting was adjourned at 3:28 p.m. Respectfully submitted, �6A.>.0*-AJ Coos Bobbie Good Secretary 9C0535 1;01 i' �.' t'3bh1. i MAY 4199Q ': __ BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSI aei�.a� aotu. /�l-n/ �o RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Bud Clemons that the following resolution be introduced for passage by the Weld County Planning Commission. Be it Resolved by the Weld County Planning Commission that the application for: CASE NUMBER: Z-453 NAME: Antelope Hills PUD, c/o Duane Kunkel ADDRESS: 139 Sunflower Drive, Windsor, CO 80550 REQUEST: A change of zone from A (Agricultural) to PUD (Planned Unit Development) for R-1 (Low Density Residential) uses excluding animal units as described in the Weld County Zoning Ordinance. LEGAL DESCRIPTION: Part of the NW} of Section 13, T6N, R67W of the 6th P.M. , Weld County, Colorado LOCATION: East of Weld County Road 23 and south of Weld County Road 70; south of and adjacent to Antelope Hills Subdivision. be recommended favorable to the Board of County Commissioners for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 28.5 of the Weld County Zoning Ordinance. 2. It is the opinion of the Weld County Planning Commission that the applicant has shown compliance with Section 28.8 of the Weld County Zoning Ordinance as follows: a. The proposed PUD (Planned Unit Development) district is located within the Urban Growth Boundary area of the towns of Windsor and Severance. The proposed PUD district is in compliance with the Urban Growth Boundary Area Goals and Polices. The Windsor Planning Commission reviewed this request in its meeting of April 5, 1990. Town Board of Severance reviewed this request in its meeting of April 11, 1990. Both the Planning Commission of Windsor and the Town Board of Severance found no conflicts with their interests. The attached conditions of approval make the uses associated with the proposed PUD district compatible with the Urban Growth Boundary Area section of the Weld County Comprehensive Plan. b. The uses allowed in the proposed PUD district will conform with the performance standards contained in Section 35.3 of the Weld County Zoning Ordinance. 9C0535 Exhibit- 8 Antelope Hills PUD Z-453 Page 2 c. The uses permitted will be compatible with the existing surrounding land uses and with the future development of the surrounding area as permitted by the existing zone district. d. North Weld County Water District will provide water service to the PUD district. e. Individual sewage disposal systems will be used to serve the needs on each lot. f. Weld County Road 70 and Siasconset Road, provide adequate accesses to the property in functional classification, width, and structural capacity to meet the traffic requirements of the uses of the proposed zone district. g. The subject site is not located within an overlay district and does not contain any known commercial mineral deposits. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Planning Commission's recommendation for approval is conditional upon the following: 1 . Prior to recording, the following notes shall be placed on PUD district plat: a. Prior to issuance of building permits, a law enforcement authority shall be formed according to State Law. The law enforcement authority to be formed shall be capable of expanding to serve other areas to avoid duplication of overhead and other operating costs. b. All internal streets within the PUD district shall be built to Weld County Standards. The internal PUD streets shall remain private unless other arrangements are approved by the Board of County Commissioners. c. A Weld County Septic Permit is required for each proposed individual home septic system and the system shall be installed according to the Weld County Individual Sewage Disposal Regulations. Some sites may require Engineer Designed Septic Systems due to geologic conditions at the location. 90053 a Antelope Hills PUD Z-453 Page 3 d. The following items shall be included as part of the PUD plan application materials: - Written evidence indicating the proposed PUD district will comply with Mission 011, Inc. 's requirements as expressed in a letter dated April 17, 1990. - Written evidence indicating the concerns expressed by Colorado Geological Survey in their letter dated April 2, 1990, shall be mitigated. - Written evidence explaining how contributions on pro rata share basis will be accomplished to the existing local Road Improvements District for Antelope Hill and Weld County Road 70. - Written evidence identifying lots requiring engineered septic systems. 2. Prior to recording the district plat, the plat shall be amended to show utility easements on the rear lot lines of each lot with a minimum total width of 20 feet apportioned equally on abutting properties. Motion seconded by Judy Yamaguchi. VOTE: For Passage Against Passage Ann Garrison Judy Yamaguchi Rick Iverson Bud Clemons Ernie Moss Jerry Kiefer The Chairman declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioners for further proceedings. 900535 Antelope Hills PUD Z-453 Page 4 CERTIFICATION OF COPY I, Bobbie Good, Recording Secretary of the Weld County Planning Commission, do hereby certify that the above and foregoing Resolution is a true copy of the Resolution of the Planning Commission of Weld County, Colorado, adopted on May 1, 1990, and recorded in Book No. XII of the proceedings of the Planning Commission. Dated the 2nd day of May, 1990. --ocl.l>ats c\o ma. -Bobbie Good Secretary 9O0535 INVENTORY OF ITEMS SDBMITTED FOR CONSIDERATION Applicant Antelope Hills Planned Unit Development Case Number 7.-453 Submitted or Prepared Prior to Hearing At _Hearing 1. Application 16 Pages X 2. One Application _plat, 1 page X 3. DPS Referral Summary Sheet X 4. -DPS Recommendation X 5. MPS Surrounding Property Owner's Mailing List X 6. DPS Mineral Owner's Mailing List X 7. -Three DPS Maps -Prepared by Planning Technician X 8. DPS Notice of -Hearing X 9. DEB Case File Summary Sheet X 10. DPS Field Check X 11. Memo dated 4-13-90 from Lee Morrison, Assistant X County Attorney 12. Memo fated 4-5-90 from Wes Potter, Director, X Environmental Protection Servcies 13. -Letter dated 3-28-90 from Stephen Pott, X Colorado Oil and Gas Conservation 14. Letter, dated 3-28-90 from Candace L. Jochim, X Colorado -Geological Survey 15. Letter dated A-2-90 from It Jordan, Weld County X Sheriff 16. Referral response dated 4-3-90 from Greeley R Soil Conservation District 17. Referral response -dated 4-2-90 from Windsor X Fire Protection District 18. Referral -response dated 3-36-9A from North Weld X County -dater District 19. Referral response dated 4-5-90 from _Division X of Wildlife 20. Referral response dated 4-11-90 from Barbara X Gomez, Town of Severance 21. -Referral response dated 4-11-90 from Janet X Lathrop, Town of Windsor 22. Letter dated 4-5-90 from Ralph Nelms, Mission X Oil Corporation 23. Letter dated April 17, 1990, from Ralph Nelms, X Mission Oil 24. Letter _dated May 1, 1990, from -Ralph Nelms, X Mission Oil (c)chi h, i- A � � � Z-453 -Antelope Hills Planned Unit Development -Page 2 I hereby certify that the 2-4 items identified -herein were submitted to the Department of Planning _Services at _or prior to the scheduled Planning Commission hearing. I further certify that these items were forwarded to the Clerk to the Board's office on May 4, 1990. rent rent lanner STATE OF COLORADO ) COUNTY OF WELD ) • is GO O ‘&) St�gg,�ikkIAip lI ID. SWORN -T0 BEFORE ME THIS 4 — day _of ��\ 19 uG . \Tin '. _ B L\G.3yo q Q rForr.oc R\e„ C�,� NOTARY UBLI-C My Commission Expires My Commission E-xpirtnieb. 13, 1993 9005-35 //�� /� -} ,, /� jEXH�I��B"IToI/NVENTORY CONTROL SHEET Case l_ oz ' l n l�l!_X-(3Q_ Y-El,l pap) ek ki1A'l izis Exhibit Submitted By Exhibit Description A. D B. C• Pa /11/1,t rvr < ,15rnMA M Kn.) \AU !it/YlGlh_c.{.-. • D• efinkthi) E. l 21 Uz c .L lVia( 167u / /fr F. 722.4204,0-7z2" ! (.022 - '✓ 1)3 4.pliCA$ H. I. J. R. L. M. N. 0. 90053.- Date: May 1 , 1990 CASE NUMBER: Z-453 NAME: Antelope Hills PUD, c/o Duane Kunkel ADDRESS: 139 Sunflower Drive, Windsor, CO 80550 REQUEST: A change of zone from A (Agricultural) to PUD (Planned Unit Development) for R-1 (Low Density Residential) uses. LEGAL DESCRIPTION: Part of the NW} of Section 13, T6N, R67W of the 6th P.M. , Weld County, Colorado LOCATION: East of Weld County Road 23 and south of Weld County Road 70; south of and adjacent to Antelope Hills Subdivision. THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 28.5 of the Weld County Zoning Ordinance. 2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 28.8 of the Weld County Zoning Ordinance as follows: A. The proposed PUD (Planned Unit Development) district is located within the Urban Growth Boundary area of the towns of Windsor and Severance. The proposed PUD district is in compliance with the Urban Growth Boundary Area Goals and Polices. The Windsor Planning Commission reviewed this request in its meeting of April 5, 1990. Town Board of Severance reviewed this request in its meeting of April 11, 1990. Both the Planning Commission of Windsor and the Town Board of Severance found no conflicts with their interests. The attached conditions of approval make the uses associated with the proposed PUD district compatible with the Urban Growth Boundary Area section of the Weld County Comprehensive Plan. B. The uses allowed in the proposed PUD district will conform with the performance standards contained in Section 35.3 of the Weld County Zoning Ordinance. C. The uses permitted will be compatible with the existing surrounding land uses and with the future development of the surrounding area as permitted by the existing zone district. D. North Weld County Water District will provide water service to the PUD district. 9C 0535 Antelope Hills PUD Z-453 Page 2 E. Individual sewage disposal systems will be used to serve the needs on each lot. F. Weld County Road 23 and Siasconset Road, provide adequate accesses to the property in functional classification, width, and structural capacity to meet the traffic requirements of the uses of the proposed zone district. G. The subject site is not located within an overlay district and does not contain any known commercial mineral deposits. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Department of Planning Services' staff recommendation for approval is conditional upon the following: 1. Prior to recording, the following notes shall be placed on PUD district plat: A. Prior to issuance of building permits, a law enforcement authority shall be formed according to State Law. The law enforcement authority to be formed shall be capable of expanding to serve other areas to avoid duplication of overhead and other operating costs. B. All internal streets within the PUD district shall be built to Weld County Standards. The internal PUD streets shall remain private unless other arrangements are approved by the Board of County Commissioners. C. A Weld County Septic Permit is required for each proposed individual home septic system and the system shall be installed according to the Weld County Individual Sewage Disposal Regulations. Some sites may require Engineer Designed Septic Systems due to geologic conditions at the location. D. The following items shall be included as part of the PUD plan application materials: a. Written evidence indicating the proposed PUD district will comply with Mission Oil, Inc. 's requirements as expressed in a letter dated April 17, 1990. 9C 053r)CC �t 53 Antelope Hills PUD Z-453 Page 3 b. Written evidence indicating the concerns expressed by Colorado Geological Survey in their letter dated April 2, 1990, shall be mitigated. c. Written evidence explaining how contributions on pro rata share basis will be accomplished to the existing local Road Improvements District for Antelope Hill and Weld County Road 23. d. Written evidence identifying lots requiring engineered septic systems. 2. Prior to recording the district plat, the plat shall be amended to show utility easements on the rear lot lines of each lot with a minimum total width of 20 feet apportioned equally on abutting properties. 900535 GEFROH HATTMAN INC. ARCHITECTS/PLANNERS CONSTRUCTION MANAGEMENT 135 West Swallow Road Fort Collins, CO 80525 (303) 223-7335 March 20, 1990 Mr. Keith Schuett WELD COUNTY PLANNING 915 10th Street Greeley, CO 80634 RE: ANTELOPE HILLS P.U.D. Dear Keith: This letter is prepared to outline your comments concerning our project and density to that of the R-1 Zoning. In reviewing the bulk requirements for the R-1 Zoning, we meet or exceed the expectations for the zoning district. Our lot size greatly exceeds that expected by the R-1 Zoning Dis- trict with our average lot sized at 1 .19 Acres. We are pro- viding approximately seven times the land area per lot than is required in the R-1 Zoning District. Sincerely yours, redric attman Vice President kam Cas,r r GEFROH HATTMAN INC. ARCHITECTS/PLANNERS CONSTRUCTION MANAGEMENT 135 West Swallow Road Fort Collins, CO 80525 (303) 223-7335 March 13, 1990 Mr. Keith Schuett WELD COUNTY PLANNING 915 10th Street Greeley, CO 80631 RE: DRAINAGE AT COUNTY ROAD 70 AND SIASCONSET ROAD Dear Keith: As we discussed over the telephone, a potential drainage problem may exist at the intersection of County Road 70 and Siasconset Road. As you explained, the capacity of the culvert under Siasconset Road may be at capacity at present. We can understand the con- cerns that may arise if we add more drainage water into this drainage pattern. In order to alleviate a potential drainage complication from our development, we are proposing that a 15-inch diameter conduit across Siasconset Road at the point our construction begins will stop any drainage from our development impacting this intersec- tion. The water that would then flow on the West Barrow Ditch instead of the East side Barrow Ditch. In this fashion we in- tend to avoid the potential problem at the intersection. Sincerely yours, GEFROH HATTMAN INC. .M I C2 Fredric J. Hattman Vice President kam SCC53 a ri) (FLANNED UNIT DEVELOPMENT) REZONING APPLICATION Case 4: Dent, of Planning Services App. Ch'd By: Date Ree'd: 915 10th Street App. Fee: brim... , Receipt 114t1, Greeley, Colorado 80631 Record. Fee:_ Receipt #: Phone: 356-4000, Est. 4400 TO BE COMPLETED BY APPLICANT. Please print or type, except for necessary signature. I (we) , the undersigned, hereby request hearings before the Weld County Planning Commission and the Weld County Board of County Commissioners concerning the proposed rezoning of the following described unincorporated area of Weld County, Colorado: LEGAL DESCRIPTION: A tract of land situate in a part of the NW ,'4, of Sec. 13, Township 6 N, R 67 W of the 6TH P.M. , Weld County, CO, which considering the N line of the said NW ,'4, as bearing N 88°59'02" E and with all bearings contained herein relative thereto is contained within the boundary lines which begin at a point which bears S 00°16'27" E 1 ,687.64 FT. to a point on a line that is parallel with and 20.00 FT. northerly and Easterly of the Roulard Lateral Irrigation Ditch and again along said parallel line S 62°00'50" W 126.06 FT. , and again N 76°04'03" W. 138.38 FT. , and again S 69°29' 14" W 211 .00 FT. and again N 87° 43'28" W 239. 15 FT. , and again S 84°34' 13" W 248.30 FT. , and again N 77°18' 10" W 78.56 FT. from the N. z corner of said Sec. 13 and run thence along said parallel line N 77°18' 10" (If additional space is required, attach an additional sheet) See Attached Property Address (if available) : ANTELOPE HILLS P.U.D. PRESENT ZONE Agricultural PROPOSED ZONE P.U.D. TOTAL ACREAGE 8,64 OVERLAY ZONES Nwe SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR REZONING: Name: Duane Kunkel Home Telephone ii: 686-9354 Address: 139 Sunflower Drive Bus. Telephone ii: Windsor, ND Name: Home Telephone 'i: Address: Bus. Telephone #: Name: Home Telephone if: Address: Bus. Telephone 4: Applicant or Authorized Agent (if different than above) : Name: Fredric J. Hattman/GEFROH HATTMAN INC. Home Telephone ll: 223-7335 Address: 145 West Swallow_ Road Bus. Telephone li: 223-7335 Fort Collins, CO 80525 Owner(s) and/or lessees of mineral rights on or under the subject properties of record in the Weld County Assessor's Office: Name: MISSION OIL Address: 1600 West First Street, Loveland, LO 80537 t Name: Address: Name: Address: n I hereby depose and state under the penalities 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 ) r ignature: r or Authorized Agent Subscribed and sworn to before me this al day of y- ps6-„„,„.., 1970. SEAL Ru v (--SC'<v7.c ' I c 3 NOTARY PUBLIC ' *?y fcccadssi,cn e�ires: 900535 ANTELOPE HILLS P.U.D. 1EGAL DESCRIPTION (CONTINUED) W 195.00 Feet, and again N 63°13' 37" W 97.36 Feet, and again N 47°31 '46" W 88.00 Feet, and again N 22°39'28" W 303.62 Feet, and again N 16°03'27" W 345.06 Feet, thence N 73°56' 33" E 301 .10 Feet to a point on the Easterly right-of-way line of Siasconset Road, thence along said Easterly line N 16°03'27" W 75.28 Feet, thence N 73°56' 33" E 296.75 Feet, thence S 12°23'00" W 199.55 Feet, thence S 16°03'27" E 196.00 Feet, thence S 80°16'27" E 109.11 Feet, thence S 11 °12'00" W 605.59 Feet to the point of beginning containing 9.3515 Acres, more or less. SC 053c P.U.D. LONE CHANGE SUBMISSION ANTELOPE HILLS P.U.D. PLANNED UNIT DEVELOPMENT DISTRICT TIAT SUPPORTING DOCUMENTATION LOCATION: Section 13, Township 6N, Range 67, West of the 6th P.M. WELD COUNTY, COLORADO P.U.D. PLANNING OBJECTIVES Wo A ?age i WWP a 3, - -.-+i¢kIG.RS1p, 9...C535 ANTELOPE HILLS P.U.D. PLANNING OBJECTIVES 28.3. 1 .2 CONCEPT: The generating concept of the P.U.D. with respect to land use is to provide a rural setting for single-family homes that attain the following goals. A. Provides manageable parcels of land for the land -owner with respect to landscaping, water usage, and genaral upkeep. a. Parcels of land that are approximately one acre in size can be properly managed by the owner of the land. The owner can J3roperly irrigate the land to give the property a good curb appeal without excessive costs. Landscaping a parcel of this size can have a coherent plan that compliments the home and the neighborhood. Lawn maintenance can be manageable without consuming the homeowner's entire time. These aspects have been proven and are finely demon- strated by the existing Antelope Hills subdivision. B. Provide housing in close proximity to personal services and govern- mental services. a. With the towns of Windsor and Severance within two miles and one mile respectively the service needs of the homeowners can be at- tended to without great expenditures of time and resources. Travel time to town is within minutes, while most areas of Greeley can be reached within 20 minutes of driving. C. Provide housing where existing public utilities exist. a. Currently public utilities of water and natural gas are stubbed to the site at Siasconset Road. Telephone cabling is currently pro- vided behind each lot. -Paved street extends from the property to major arterials of the county. The infra-structures of suburban living are in place and underutilized. D. Provide housing in close proximity to major employment centers. a. Opportunities for employment are within three miles of the site with Kodak, container corporating, and can manufacturing facility all located on the east side of Windsor. E. The project utilizes underutilized land and does not destory valuable farm land. a. The land that this project is proposed to occupy is currently dry- non agricultural land. This land currently and in the future has little -or no agricultural value aven if water was available due to soil types . The current revenues from taxes is minimum at this time. Development as residential uses would generate the -highest and best usage of the property from both public and private advan- tage points. T. The project attaches to an existing residential district of high quality. The current Antelope Hills and Kennedy subdivisions , -both of which are in this quarter section are high quality residential areas. aL.0535 ANTELOPE HILLS P.U.D. PLANNING OBJECTIVES Page 2 this project will incorporate similar features to these two high quality areas to maintain the high standard and value that is per- ceived by the public. The architectural style will be of a compatible nature to the land use concept and the existing character of the residential areas that surround the P.U.D. Homes of one and two story character of high quality constriction can be found in the neighborhood. The P.U.D. will strive to equal or surpass the quality of construction currently found in Antelope Hills subdivision. 28.5.1 .3 COMPREHENSIVE PLAN The project fulfills many of the goals and objectives set out by the County' s current comprehensive plan. The agricultural goals and policies are of prime importance and are achieved by this project by fulfilling Item One, Two, Four, and Six. The other four criteria are incompatible with the existing approved uses that boarder this property. Our project maintains agricultural uses in the County by not removing any productive property from agricultural production. Currently the property is taxed at an extremely low rate based on dry, non-productive land. The agricultural land that is adjacent to our project is physically separated by man-made structures such as service roads, irrigation laterals, and irrigation ditches. This separation keeps the two uses from direct inter- face, reducing the possibility of crop damage or disruption of agricultural business. The property is located within the defined boundaries of the urban growth boundary as defined by the County and the Town of Windsor. the property is contiguous and adjacent to a successful County subdivision that has no additional lots available. This property was originally planned along with the First and Second Filings of Antelope Hills Subdivision as a Third Phase. A preliminary plat for this phase was previously approved. Subsequent to this planning effort the regulations have been revised leading us to this application. The extension of this project in the fashion is a logical progression of the development. No additional tax consequence to the County for the required public services required by the project are anticipated. All necessary services are existing to the site that are required for development. With the necessary infra-structures in place, development is a logical progression for this property. The potential revenue to the County is significant. Eight single-family homes and lots with potential -evaluations of $125,000.00. or more will generate substantial sums for the County in place of acreage set a side as dryland. The soils mapping information previously submitted attests to the dryland nature of the property and its limited agricultural value. On-site inspec- tion bears this information out to be true. The land is sparsely vegetated and is moderate to steep terrain making it limited in desirability as agri- cultural land. The possibilities of providing the property with irrigation would be cost prohibited due to the need to obtain water rights, and provide 13O353r ANTELOPE HILLS P.U.D. RLANNING OBJECTIVES Page 3 mechanical means to water delivery due to the topography. The lateral that could serve this property is below the property in elevation. These features point out the non prime agricultural nature of the property and point to utilization as residential property as being a higher yielding use. At the sketch plan review stage a comment was received from the Sheriff's office with regard to added strain to service delivery system. At this time the Antelope Hills Subdivison and the Kennedy Subdivison consist of a total of 35 home sites in this quarter section. Currently the Sheriff' s office would be making calls to the area on a demand/call basis. Our plan would add essentially 23 percent more homes to this area. Due to the nature of the development, we see no major or significant change in the demand for services over and above what is currently provided. Being lo- cated in a designated urban growth area and adjacent to an existing suburban residential onclave, we would suggest that a neighborhood watch system be provided in this area to help combat the potential of burglary in the area. If the Board determines another method of providing added ser- vice for this area is needed, renumeration to the County should be based on a per lot basis at such time as occupancy of the home occurs. With respect to mineral extraction, the rights for this quarter section are controlled by Mission Oil of Loveland and operated by Windsor Gas. No additional wells are planned which would affect the residential property outlined by this petition. We have discussed with the gas company a method of resolving any conflicts that may exist and have outlined under separate cover from them methods of resolving any unforeseen problems. Public utilities and services such as water, paved roads, fire protection, and schools are adequately provided by local authorities who are currently servicing the area. No hardships are anticipated to result from this minor addition to the current quality of these services. No major expan- sion of services is expected or warranted by this project of eight single- family homes. The urban growth area of Windsor is the sphere of influence involved with this project. At the sketch phase they expressed no conflict with the interest of the town. The property is not subject to annexation at this time. The goals and policies oT the County with respect to this urban growth area reinforce the criteria already achieved by addressing the agricul- tural needs of the County. The County is anticipating growth in these areas. With the services currently provided and underutilized, this project is a logical and orderly expansion of the residential needs of the area. Developing a residential P.U.D, within the County and within the Windsor urban growth area provides the public with the opportunity for a variety of home environments to choose from. The intention of this plan is to provide high quality suburban living on parcels of ground that are approximately one acre. This allows for a high level of quality due to the significant amount of private open space that will exist on each lot. Most every lot will have 75 percent to 80 percent open space. Personal controllable open space will allow for a high level of maintenance and lead to a richer aesthetic and monitary value for the public. 90535 ANTELOPE HILLS P.U.D. PLANNING OBJECTIVES Page 4 The environment that we are striving to achieve we think is unique among _County subdivisions with the services that are provided such as paved streets, public water, public fire protection , natural gas, telephone, and on-site landscaping package. -These featureswill deliver a package to the County and public that is superior with respect to single-family development. 28.5.1 .4 USE COMPATIBILITY All of the uses within the P.U.D. are consistent. Our request is for eight single-family lots on nine plus acres. Each lot is essentially the same size with each home being programmed to be in the same price range and approximately the same size. 28.5. 1 .5 USE COMPATIBILITY The uses within the P.U.D. will be compatible with the uses surrounding the property. To the north and northeast of this property is the existing Antelope Hills subdivision. This property is bounded on the east by a dryland field of approximately six acres which has a gas well located 300± feet from our east boundary. This property being essentially passive open space presents no competing use. To the south and west of the property is irrigated farm land. Typically this property has been planted with corn or beans. The property is physically separated from this agricultural use by a 20 foot access road and a private irrigation lateral which is served from the Rouland lateral and is another 10 foot in width. This physical separation provides a good buffer zone between the uses, keeping them separated and making the uses compatible. 28.5. 1 .6 USES No commercial uses are planned within this P.U.D. This project is being _planned as a residential P.U.D. The homes may vary in size from 1800 square feet to 4000 square feet in size. Each home may be up to 36 feet high. A minimum of a two-car garage will be provided for each home site. 28.5. 1 .7 OPEN SPACE No public open space is to be provided. Private open space is planned to be provided on each lot for the personal use of each homeowner and the aesthetic passive enjoyment of all the residents. Each lot will maintain 75 percent to 80 percent minimum open space. 28.5. 1 .8 WATER SOURCE The P.U.D, district is to be served with public water provided by the North Weld County Water District. The district has indicated that adequate pressure and excellent quality will be provided to this property. 28.5. 1 .9 SANITATION Sanitation will be handled on a lot-hy-lot basis by means of private indi- vidual septic systems. These systems will be professionally designed to meet or exceed the requirements of the County ;and State Health Departments. gc0535 ANTELOPE HILLS P.U.D. PLANNING OBJECTIVES Page 5 28.5. 1 . 10 TRANSPORTATION SYSTEMS The main arterial system that serves this site is State Route 392 which takes traffic in an east/west fashion For travel from the site to Windsor, Greeley, or the Interstate this road would be taken. To circulate to the site two collector roads need to be taken. The first street is County Road 23 which intersects State Route 392. This is a paved improved street. This road provides north-south transportation with a southern route taking you to State Route 392 and a northern route taking you to Severance. County Road 70 intersects with County Road 23. County Road 70 extends east to west. Taking the east route which is paved, you will come to the intersection of Siasconset Road which is a local street within the existing Antelope Hills Subdivision. This road is paved con- tinuously to the end of the subdivision. It is from this point that we will continue Siasconset Road to serve all of our lots ending in a cul-de- sac total within the property. The entire Siasconset Road will be paved matching in width and design the existing street found within the Antelope Hills Subdivision. 28.5. 1 . 11 SOILS A soils study and survey has been prepared by professional engineers. 12 is their findings that the property has proper soils characteristics for supporting home construction, road construction, and sanitation needs. 28.5. 1 . 12 RESOURCES Our soils study indicates that there are no significant deposits of sand, gravel , or other resources that can be economically recovered. In re- viewing County maps the property is not within areas of known recoverable resources. 28.5. 1 . 13 FLOOD HAZARD This property is not identified as being in a flood hazard area as defined t>y the official maps adopted by Weld County. 28.5. 1 . 14 GEOLOGIC HAZARD -This property is not identified to be within an geologic hazard area as defined by the official maps adopted by Weld County. p FiLiTi i 7 in • MAP 2 1990 AGREEMENT OF PURCHASE AND SALE _tK 'NM CD. MI Jul THIS AGREEMENT, made and entered into this 7 A day of dtmd 1989, by and between Edwin D. and Marjorie A. Kadlub, whose mailing address, for the purpose of this agreement, is 625 Oak Street, Windsor, Colorado 80550, hereinafter referred to as "the Seller", and Duane Kunkel , James A. Gefroh, and Fredric J. Hattman, as tenants in common, whose mailing address, for the purpose of this agreement , is 145 West Swallow Road, Fort Collins, Colorado 80525, hereinafter referred to as "the Purchasers." WITNESSETH: Tor and in consideration of the promise of the Purchasers to purchase and of the Seller to sell the real estate described in paragraph 1 herein- after, and other good and valuable consideration, the receipt and adequacy of which are hereby confessed and acknowledged, the parties agree to be legally bound whereby the Seller agrees to sell and the Purchasers agree to purchase subject to conditions of the said real estate on the terms and condi- tions hereinafter set forth. 1 . Description of Real Property. The real estate which is the subject matter of this Agreement of Purchase and Sale consists of approximately eight to ten acres t of vacant, undeveloped real estate located in the County of Weld, State of Colorado. Final acreage will depend on location of Existing _gas well to proposed property. Said real estate will be in accordance with Article 10-E described by Exhibit and attached hereto and incorporated herein by reference. Said real estate shall be hereinafter referred to as "the Pro- perty." The Property shall include and there shall be conveyed to the Pur- chasers at closing all of the Seller' s rights, titles, and interest in and to minerals and mineral rights, including gravel , and other minerals , ex- cluding oil and gas located in, on, or under the surface of the Property. 2. Sale and Purchase. The Seller agrees to sell to the Purchasers, and the Purchasers agree to purchase from the Seller, subject to the terms and conditions as set forth herein, the real estate hereinabove described as "the Property." The Property shall be conveyed at the time of closing to the Purchasers by general Warranty Deed, free and clear of all liens and encumbrances, except and subject to the following: A. All easements and rights-of-way in place or of record. B. All oil , or gas, leases, reservations, or exceptions of record. C. Any restrictions, reservations, or exceptions contained in any United States or State of Colorado Patents of record. D. All zoning and other governmental rules and regulations. E. Statutory lien rights resulting from the inclusion of the Property in any improvement districts. F. General property taxes for 1990 and all subsequent years. 3. Purchase Price. -he purchase price of the Property shall be the sum of per acre of land. (For purposes of this Agree- ment, the amount of land shall he nine acres. ) The actual acreage to be purchased shall be determined prior to closing by Field Survey. at®_53,5, A. The Purchasers shall bear the cost and c „-f seeking Weld County Planning approval An earnest money deposit in tht amount of $1 ,000.00 is re- quired as a part of this agreement. Said deposit shall be returned to the Purchasers upon good faith effort to seek Weld County Planning approval . Sub- mission of the P.U.D. sketch plan to the County shall constitute good faith effort. Should the Purchasers not submit for sketch plan approval within four months from the date of this agreement, the earnest money shall be forfeited to the Seller. The deposit shall be held in the trust account of -genA y='L1 ; -00iiipbei-l-and Associate. `c"c! ) d ei �i '' B. The adjusted, based on actual acreage, purchase price, subject to closing costs, prorations, and adjustments, as hereinafter provided, shall be payable in cash or certified funds by the Purchasers to the Seller at The time of closing, as hereinafter set forth. 4. Title Insurance. The Seller, at her expense, shall deliver to the Purchasers, or to the Purchasers' attorney, and A.L.T.A. Owner' s Title Insurance Policy, in the amount of the purchase price, issued by a Title Insurance Company authorized to do business in the State of Colorado. A Commitment for said Title Insurance Policy shall be delivered to the Pur- chasers, or to the Purchasers' attorney, at least three (3) days prior to the date of closing. 5. Survey. The Property (and the Retained Property, as hereinafter defined) shall be surveyed prior to closing by a certified engineer, and a copy of said survey has been furnished to the Seller and the Purchasers. The Purchasers shall be solely responsible for the expense of the survey and for the expense of any additional surveying or engineering work. 6. Closing. The closing of this transaction shall be specifically con- tingent upon the fulfillment of the conditions outlined in paragraph 10. Upon satisfaction by the Purchasers of the conditions a closing date shall be set at such reasonable time, date, or location as the parties may initially agree upon. Not withstanding, the Purchasers shall have a minimum of BO days from date /. Ffiossession.D. aPossessionn otlothe-Propertysshallnbe delivered to the Purchasers at the time of -closing. The Seller expressly represents and warrants that there are no leases which would interfere with the Purchasers ' possession of the Property. Notwithstanding the foregoing , the Purchasers , and any architects, engineers, or other agents, independent contractors, or employees of the Purchasers, shall have the right , after execution hereof, to enter the Property, from time to time, to show the Property, to make soil and water tests, to survey the Property, and to acquire engineering and other data with respect to the Property. The Purchasers hereby agree to indemnify the Seller against any liability or loss arising out of any injury to any person nr damage to any property occurring in or about the Property, resulting from any surveying or other -engineering studies or- work performed or caused to be performed by the Purchasers, between the date hereof and the date of closing, and against any -claim for compensation or otherwise by any person, firm, or corporation that performs any such work, and will promptly discharge, at their expense, any mechanic' s liens filed by any such person, firm, or corporation. 8. Prorations. Any insurance policies assigned to the Purchasers, real property taxes and assessments, water assessments, and similar expenses, in accordance with local practice, shall be prorated as of the date of closing. 900535 -z- ` 9. Investigation by Purchasers. The Purchasers acknowledge that they will be purchasing the Property "as is," however, the Seller expressly warrants that no easements, rights-of-ways, burdens, or encroachment exist on the Pro- perty which may preclude development as proposed by the Purchasers and sub- -pitted to the County for approval . Prior to closing, a careful and thorough investigation concerning all aspects of the Property which are or may be cif concern to them, including, but not limited to, the purchase price of the Property, the location of the boundaries of the Property; the nature of the soil of the Property and the compaction, permeability, or non-permeability thereof; the easements, rights-of-way, burdens, and encroachments; the zon- ing classifications and building code requirements thereof; status of all _utility extensions, oversizing, and all other on-site and off-site improve- ments; and all other matters or things relating to the Property will be com- pleted. The Purchasers acknowledge that neither the Seller nor his agents or Attorneys have made any representations or warranties regarding the Property, Except as expressly set forth herein. -Except as otherwise expressly provided herein, the Seller shall have no responsibility or liability whatsoever to the Purchasers with respect to utility extensions, oversizing, or any other on-site or off-site improvements required for the development of the Property. 10. Purchasers' Contingencies. Without limiting any of the rights of the Purchasers elsewhere provided for in this Agreement, the obligations of the Purchasers to purchase the Property shall be subject to the fulfillment of each of the conditions set forth below. The Purchasers shall , however, have the right to waive all or any of such contingencies in writing, in whole or in part. If all of the contingencies set forth hereinafter are not satis- fied or so waived, the Purchasers shall have the right to cancel this Agree- ment by giving written notice thereof to the Seller and this Agreement shall be null and void and of no further effect; and all parties to this Agreement shall be released from all obligations hereunder. The aforesaid provision with respect to the rights of the Purchasers shall not limit or affect the remedies available to the Purchasers at law or in equity in the event of a wrongful failure or refusal by the Seller to convey title to the Property to the Purchasers in accordance with the provisions hereof. A. The Purchasers ' reasonable determination to be made within three (3) days following the receipt by the Purchasers, or their attorney, of the Title Insurance Commitment and all required copies of title exceptions, that the title exceptions as set forth in subparagraphs 2.A, 2. B, 2.C, 2.D, 2.E, and 2.F of paragraph 2 of this Agreement will not hinder, prohibit, or unduly impede the Purchasers ' contemplated development of the Property. B. The Purchasers' reasonable determination to be made on or before the date of closing that institutional financing for the acquisition and develop- ment of the Property will be available to the Purchasers, as needed by the Purchasers, on terms satisfactory to the Purchasers. C. The ability to legally attach to existing Siasconset Road must be granted. The conditions of the ability to attach must be on terms accept- able to us. -3- 900-53‹ D. The pur se would be contingent on all r my agencies granting subdivision a pros o- ter—s acre=:able to eco oci lability and to us as Purchasers. ,Approval shall -mean Final P.U.D. approval by the Board of County Commissioners — Final Reading. E. The potential for future -gas or oil wells and the location of the exist- ing gas well are of particular concern to the development. The Purchasers will require a minimum distance from any well to any property line of 300 feet or as may be allowed by State statues. F. The purchase is contingent upon the Seller's contribution of $1 ,000.00 toward payment (if required) to the Antelope Hills Association and or County for rebursement of existing or future road improvements. 11 . Brokerage Commission. The parties hereto expressly acknowledge and agree that, to the best of their knowledge, there are no brokerage com- missions payable in connection with this transaction. 12. Representations by Seller. The Seller represents and warrants as follows: A. The Seller has no knowledge of any pending or threatened condemna- tion or eminent domain proceedings with respect to the Property or any part thereof. B. There is no litigation or proceeding pending (or to the Seller' s knowledge threatened) against or relating to any part of the Property, nor does the Seller know of or has reasonable grounds to know of any basis for any such action. C. The Seller has not received notice of and to the best of the Seller's knowledge there are no violations of any laws, orders, regulations, or requirements of any governmental authority affecting the Property or any part thereof. J). The Seller has the unconditional right and power to execute and deliver this Agreement and to consummate this transaction. d:. The Seller has not received any notice of default or breach by her under any of the covenants, conditions, restrictions, rights-of-way, or ease- ments affecting the Property or any portion thereof; no such default or breach now exists or will exist on the date of closing; acrd no event has occurred and is continuing which, with or without notice and/or the passage oT time, shall constitute such a default or broach under any thereof. 13. Remedies on Default: Time is of the essence hereof. If any note or check received as earnest money hereunder or any other payment due here- under is not paid, honored or tendered when due, or if any other obligation hereunder is not performed as herein provided (in this case, timely pursuit of the obtaining of County permissions needed) , there shall be the following remedies: A. If Purchaser is in default, then all payments and things of value received hereunder shall be forfeited -by Purchaser and retained on behalf of Seller and both parties shall thereafter be released from all obligations hereunder. It is agreed that such payments and things of value are liquidated damages and are Purchasers' failure to perform the obligations of this con- tract. Seller expressly waives the remedies of specific performance and ad- ditional damages. B. If Seller is in default , Purchaser may elect to treat this con- tract as terminated, in which case all payments and things of value received hereunder shall be returned to Purchasers and Purchasers may recover such dam- ages as may be proper, or Purchasers may elect to treat this contract as be- ing in full force and effect and Purchasers shall have the right to an action for specific performance or damages, or both. C. Anything to the contrary herein notwithstanding , in the event of any litigation ari-sing out oT this contract, the court may award to the prevailing party all reasonable costs and expense, including attorneys' fees. 14. Attorneys' Fees and Costs. In the event either of the respective parti-es hereto shall default in any of Seller' s or Purchasers' convenants or obligation herein provided and the party not in default commences legal or equitable action against the -defaulting party, the defaulting party expressly agrees to pay all reasonable expenses of said litigation, including a reason- able sum for attorneys' fees. -4- 90O53r. 15. Governing Law. It is expressly understood and agreed by and between the parties hereto that this Agreement shall be governed by and its terms construed under the laws of the State of Colorado. 16. Notices. Any notice or other communication given by either party hereto to the other relating to this Agreement shall be sent by registered or certified mail , return receipt requested, addressed to such other party at the respective addresses set forth below; and such notice or other com- munication shall be deemed given when so mailed: If to the Seller, to: Edwin D. and Marjorie Kadlub -625 Oak -Street Windsor, CO 80550 If to the Purchasers, to: Duane Kunkel James A. Gefroh Fredric J. Hattman 143 -lest Swallow -toad Fort Collins, CO 80525 17. Assignment. The Purchasers may assign all or any part of their interest in this -Agreement , provided the Seller is notified of any such assignment at least five (5) days prior to the date of closing; provided, however, that any such assignment shall not relieve the Purchasers of any of their obligations and liabilities hereunder, including payment in full of the purchase price of the Property. 18. -Condemnation. In the event of the institution of any proceedings judicial , administrative, or otherwise which shall relate to the proposed taking of any portion of the Property by eminent domain prior to closing, -or in the event of the taking of any portion of the eminent domain prior to closing, the Purchasers shall have the right to terminate this Agree- ment by giving the Seller written notice to such effect within ten (10) -days after receipt of written notification of such occurrence or occurrences. The Seller agrees to furnish the Purchasers with written notice in respect thereof within forty-eight (48) hours after the Seller' s receipt of such notification. 19. Maintenance of the Property. The Seller shall keep, or cause to be kept, the Property, in its condition as of the date hereof until the closing of this transaction, subject to normal wear and tear and seasonal changes, and agrees not to commit or permit waste thereon. Specifically, the Seller will refrain from performing any grading or excavation, construc- tion, or removal of any improvements, or making any other change or improve- ment upon or about the Property. 20. Headings. Paragraph headings used herein are for convenience of reference and -shall in no way define, limit , or prescribe the scope or in- tent of any provision under this Agreement. 21 . Construction. Words of the masculine gender shall include the feminine and neuter genders; and when the sentence so indicates, words of the neuter gender shall refer to any gender; words in the singular shall -5- 90053x' <se include the plural and vice versa. This Agreement shall Le construed accord- ing to its fair meaning and as if _prepared by both parties hereto, and shall be deemed to be and contain the entire understanding and Agreement between the parties hereto. -There should be deemed to be no other terms, condi- tions, promises, understandings, statements, or representations, express or implied, concerning this Agreement unless set forth in writing and signed by bath parties hereto. 22. Binding Effect. This Agreement shall be binding upon And inure to the benefit of the parties hereto and their respective heirs, administra- tors, and assigns. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year -first above written. DWIN D. KADLUB "the 1 1,I Y) UL 7c,c (- A k <- MARJORIE)KADLUB "the Seller" I �� ,t DUANE KUNKEL NAME , A. GEFRUH I FREDRIC J. , ATTMAN "the Purchasers" -6- 900-5-3 ` PLANNING E0:111ISSION SIGN POSTING CERTIFICATE I HEREBY CERTIFY UNDER THE PENALTIES OF PERJURY THAT THE SIGN PROVIDED _BY THE DEPARTMENT OF TIANNING -SERVIDES WAS -POSTED ON -THE PROPERTY AT LEAST TEN - (10) DAYS PRECEDING THE PLANNING COMMIS-SION HEARING FOR CASE 0 Z / g THE -SIGN WAS POSTED J3Y: NAME DF PERSON POSTING -SIGN SIGNATURE OF APPLICANT STATE OF COLORADO ) COUNTY OF WELD ) ¢41 n - SUBSCRIBED AND SWORN TO BEFORE ME THIS / 0 DAY OF ji_LS , 199-C. SEALS-7\ NOTARY PUBLIC 70/ t; MY COHMISSION EXPIRES LAST DAY TO -POST SIGN IS: 19 I An 2 5 1950 ^tom �..]{_�•�.. CD, . GEFROH HATTMAN INC. ARCHITECTS/PLANNERS CONSTRUCTION MANAGEMENT 135 West Swallow Road Fort Collins, CO 80525 (303)223-7335 March 27, 1990 Mr. Keith Schuett 915 10th Street WELD COUNTY GOVERNMENT Greeley, CO 80634 RE: ANTELOPE HILLS Dear Keith: This letter is to follow-up onyourtelephone call of Thursday, March 22, 1990. At that time you wished for us to resolve several small issues that needed clarification. 1 . The legal description as found on the P.U.D. Zone Request Plat i-s correct as to the size of the project. The property con- sists of 9.3633 Acres. 2. Density is one unit per 1 . 17 Acres. 3. Density can also be expressed as 0.85 units per Acre. 4. The change of zoning from an Agricultural to P.U.D is consis- tant to R-1 low density residential as described in the Weld County Zoning Ordinance. I hope this meets your needs as to clarification of any of our sub- mitted information. Sincerely yours, Fredric J. Hattman kam o p„ 5 5\17-075-q. 1' MAR F n 1990 I Vieth O. Milo* coromossooi 9, X535 s ' << 1 �, 1,0 ,‘,;,41, DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000, EXT.4400 91510th ST-BEET GREELEY,ZOLUHADO 80631 y U k t COLORADO NOTICE OF TUBLIC HEARING The Weld County Planning Commission will hold a public hearing on Tuesday, May 1, 1990, at 1 :30 p.m. for the purpose o₹ considering a Site Spenific Development Plan and a Change of Zone for the property described below. Approval of the request may _create a vested Troperty right pursuant to Colorado Law. APPLICANT: Antelope Hills PUD, c/o Duane Kunkel LEGAL DESCRIPTION: _Part of the NWi of Section 13, -T6N, R67W of the 6th P.M. , Weld County, Colorado TYPE AND INTENSITY -0F _PROPOSED USE: A Change of Zone from A (Agricultural) to PUD (Manned Unit Development) for R-I (Low Density Residential) uses as described in the -Weld County Zoning Ordinance LOCATION: East of Weld County Road 23 and south of Weld County Road 70; south of and adjacent to Antelope Hills Subdivision SIZE: 9.35 acres, more or less The public hearing will be held in the Weld County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 915 Tenth Street, Tcoom 342, Greeley, Colorado 80631, lefore the above date or presented at the public hearing on May 1, 1990. Ccpies of the application are available for _public inspection in the Department of Planning Services, Room 342, Weld County Centennial Oenter, 915 Tenth Street, Greeley, Colorado $0631 — Phone - 356-4000, Extension 4400. Ernie Ross, Chairman Weld County _Planning Commission Tole published in the New News To be publishes o , (1) t'me y Apr 12, E Received by: t1fE Lr� 7 /7 Date: ryo 9C0535 NOTICE-OF-PUBLIC HEARING The Weld Commission will County a�lil�ic hearing on Tuesday, May 1, 11D0 ' at 1:36 p.m. for the purpose of Site Specific Deven and a (ha o of Zone for the property described below. Approval of the request ns create a vested property n (pursuant to Colorado Law. PLICPUD,dooDDuane Kunkel Hull LEGAL DESCRIPTION: -Part of the NW1/4 of Section 13, T6N R67W of the 6th P.M., Weld County,Colorado TYPE AND INTENSITY -OF PROPOSED USE: A Change of Zone from A (Agricultural) to PUD (Planned Unit Developmerl for R-1 (Low Density, Residential _uses as described m the Wel Countyy Zomm'nngg Ordinance LOCATION:—East of Weld County -Road 23 and south of Weld County -Road 70; south of and adjacent to Antelope Hills-Subdivision SIZE: 9.35 acres,more or less The public hearing will be held in the Weld County Comndssioners' Hearing Room,First Floor, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado. Continents above r request objections related be submitted in writing to the Weld County Department of Planning Services, 915 Tenth Street, Room 342 Greeley, -Colorado 80631 before the above date or presented• at the public hearing on May 1, 1990. Copies of the application are available for public inspection,in the Department of Planning Services, Room 342, Weld County Centennial Center, 915 Tenth _Street, Greeley, Colorado 80631 - Phone-356 40D',Extension 44110• Ernie Real Cif Ian Weld Cavity Planning Comndasion Published in The New News, March 19,1990. APR A 1990 Weld Ca. Planning Commission .).cl 1)\ (l.A...c� ")l 1--\ tl...‹.� l � qiyi-to:4,-- ,) _, _ --� a‘ /&e-4(C----- �i11- .- CERTIFICATE OF MAILING I hereby certify that I have placed a true and correct copy of the surrounding property owners and owners -and lessees of minerals in accordance with the notification requirements -of Weld County in the case #Z-433 for Antelope -Hills Planned Unit Development 3r the United States Mail postage prepaid -First Class Mail by postal card as addressed on the attached list. This 27th day of March, 1990. r-elo>v,,.;.3. ot5cyr‘. T0: SURROUNDING PROPERTY OWNERS OR OWNERS AND LESSEES OF MINERALS IN ACCORDANCE WITH WELD -COUNTY'S NOTIFICATION REQUIREMENTS. The Weld County Planning Commission will hold a Public -hearing en Tuesday, May 1, 1990, at 1:30 p.m. in the -County Commissioners' Hearing Room, first floor, Weld County Centennial _Center, 913 10th it(Street, Greeley, Colorado, concerning the request of: CASE NUMBER: Z--453 APPLICANT: Antelope Hills PUD, c/o Duane Kunkel REQUEST: A Site Specific Development Ylan and a Change of Zone from A (Agricultural) to PUD (Planned Brat Development) for R-1 (Low Density -Residential) uses as described in the Weld County Zoning Ordinance LEGAL: Part of the NW} of Section 13, T6N, R67W of the 6th P.M. , Weld County, _Colorado LOCATIDN: Past of Weld County :toad 23 and south of Weld County Road 70; south of and adjacent to Antelope Hills Subdivision For morn information call Keith Schuett, Current Planner. WELD COUNTY DEPARTMENT OF PLANNING SERVICES 913 10th Street - Room 342 Greeley, CO 80631 Phone 35-6-4000, Ext. -4400 -9C0535 GEFROH HATTMAN INC. ARCHITECTS/PLANNERS CONSTRUCTION MANAGEMENT 1 '5 West Swallow Road Fort Collins, CO 80525 (303) 223-7335 0807-13-2-01-001 Dhristopher M. and Peggy J. Tometich 33-976 Siasconset Road Windsor, CO 80550 0807-13-2-01 -002 Paul & Glenda S. Rhodes 33906 Siascon-srt Windsor, CO $0550 0807-13-2-01-003 Mixhael F. and $uth Ann Sampson 11287 Madaket Windsor, CO $0550 0807-13-2-01-004 Gerald R. and Dorothy A. Mongan Box 163 Eaton, CO 80615 0807-13-2-01-007 Paul Henderson 11323 Madaket Windsor, CO $0550 0807-13-2-01 -008 William H. and Dianna L. Rexford 11316 Weld County Road 70 Windsor, CO 80550 0807-13-2-01-009 Dale and Connie S. Winder Box 1372 Windsor, CO 80550 0807-13-2-02-004 David S. anA Karen G. Woronoff Box 823 Windsor, CO 80550 0807-13-2-02-005 tiara Rutz 413 Walnut Windsor, CO 80550 0807-13-2-02-006 Ronald A. and Deborah L. Getz 75925 Gaylin A. RR1 Windsor, CO 80550 0807-13--2-02-007 David and Diane L. Gutierrez 33933 Cliff -Road Windsor, CO 80550 0807-13-2-02-008 Clifford and 13arbara A. Roberts 11430 Madakel Windsor, CO 80550 0807-13--2-02-009 Harold Wayne & Janet C. Smith 11330 Madaket Windsor, CO 80550 0807-13-2-02-010 itobert G. Paul and Patrisi-a D. Taylor 11320 Madaket Windsor, CD 80550 9C C535 Page 2 0867-13-2-02-011 Jefrey G. and Nancy J. Manuel 11286 Madaket Road Windsor, CO 80550 0807-13-2-02-012 Gerard and Geraldine R. Brodzinski 33858 Siasconset Drive Windsor, CO 80556 0807-13-2-03-001 David M. and Luella J. Dehrck 33973 Siasconset Drive Windsor, CO 80550 0807-13-2-03-002 Margie A. Walker 33941 Siasconset Drive Windsor, CO 805-50 6807-13-2-s13-003 Sheldon R. and Brenda L. Stroham 33901 Siasconset Windsor, CO 86550 0807-13-2-03-004 Harold W. and Irene J. Drieth 33875 Siasconset Windsor, CO 86550 0807-13-2-03-005 G. John and Sherron A. Brunner 33847 Siasconset Windsor, CO 80550 0807-13-2-00-001 Edwin D. and Marjorie A. Kadlub 625 Oak Windsor, CO 80550 0807-13-2-00-004 Edwin D. and Marjorie A. Kadlub 625 Oak Windsor, CO 80550 I , FREDRIC J. HATTMAN, DO CERTIFY THAT I RESEARCHED THIS ADJACENT PROPERTY LIST FROM THE WELD COUNTY ASSESSOR' S LIST WI-THIN THE LAST 30 DAYS PRIOR TO THIS DAY' S SUBMISS ON OF DOC ATION. REDR I C/i. TTMAN LIST OF MINERAL RIGHTS OWNERSHIP I , MISSION OIL 16O0 WEST FIRST STREET LOVELAND, COLORADO 80537 MISSION OIL HOLDS THE MINERAL aIGHTS TO THIS ENTIRE QUARTER SECTION OF WHICH THIS PARCEL IS A SMALL PART. I , FREDRIC J . +IATTMAN DO CERTIFY THAT I RESEARCHED THE HOLDER OF THE MINERAL RIGHTS E I D FROM COUNTY RECORDS. FREDRIC J, -H MAN 90G535 LAND-USE APPLICATION SUMMARY SHEET Date: April 24, 1990 CASE NUMBER: Z-453 NAME: Antelope Hills Planned Unit Development, c/o Duane Kunkel ADDRESS: 139 Sunflower Drive, Windsor, CO 80-551 REQUEST: A Site Specific Development Plan and a Change of Zone for A (Agricultural) to PUD (Planned Unit Development) for R-1 (Low Density Residential) uses. LEGAL DESCRIPTION: Part of the NW} of Section 13, T6N, R67W mf the 6th P.M. , Weld I;ounty, Colorado LOCATION: East of Weld County Road 23 and _south of Weld County Road 70; south of and adjacent to Antelope Hills Subdivision SIZE OF PARCEL: 9.366 Acres, more or less POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The criteria for review of this Special Review permit is listed in Section 28.7 of the Feld -County Zoning Ordinance. The Department of Planning Services' staff -has received specific recommendations from the Assistant County Attorney, Environmental Protection Services, Mission Oil Corporation, Oil and Gas Conservation Commission, Colorado Geological Survey, and Weld County Sheriff's Department. No objections have teen received by the Department of -Planning Services' staff from surrounding property owners. Department of Rlanning Services' staff has received four inquires _from surrounding property owners in Antelope Hills Subdivision about this application. JL.0J3.5 Lk.../. <J o �A. v �� �. ,04 , l H4tii . „ 2• ( „ � 1 . -- -- • .. p111i i i . • Sx a1 It .� _ = 4 — ic^ Rew°mi o�_ -- - 8. .. . • , y ila '. • • a0 • C•90 • v .}momi sv_ �� •76. .. . Agra, � -- !� - -- - ® • - •f- o` . il•i"• welt! ,. "42_ cs3si₹i■ITS II•crlligi r�l, - • - - •• Ir,� I) I .1• . 1. f fi e, ! • pi ' Eniyy i w ai / '�F�1/' Lob ,. Inn ' 03':\* 1 Ili'.\\* 1 Nal: . : . P" . • . I this Ill 70. . . . - — a . ,, . , t 11 :°. 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II FIELD CHECK FILING NUMBER: Z-453 DATE OF INSPECTION: April 19, 1990 NAME: Antelope Hills Planned Unit Development REQUEST: A Change of Zone from A (Agricultural) to PUD (Planned Unit Development) for R-1 (Low Density Residential) uses LEGAL DESCRIPTION: Part of the NW} of Section 13, T6N, R67W of the 6th P.M. , Weld County, Colorado LOCATION: East of Weld -County Road 23, south of Weld County Road 70, adjacent to Antelope Hills Subdivision LAND USE: N Residential, Weld County Road 70, farm production E Residential, oil and gas production, liryland pasture, farm production S Irrigation ditch, farm production W Irrigation ditch, farm production, residential development ZONING: N Agricultural E Agricultural S Agricultural W Agricultural COMMENTS: Access to the site is of Weld County Road 70 and Siasconset Road. The property slopes from the east down to the west. A local irrigation ditch is along the south and west side of the Change of Zone area. One gas well is located to the east of the Change of Zone area. By'S� Ce e h A. $c uett Current Planner 9C O535 REFERRAL LIST NAME: Antelope Hills PUD CASE NUMBER: Z-453 REFERRALS SENT: March 23, 1990 REFERRALS TO BE -RECEIVED BY: April 6, 1990 COUNTY TOWNS and CITIES ✓ X Attorney Ault X Health Department _Brighton Extension Service Dacono Emergency Management Office Eaton X Sheriff's Office Erie X Engineering Evans Housing Authority Firestone Airport Authority Fort Lupton Building Inspection Frederick _Garden City STATE Gilcrest v' X Division of Wildlife (Larry Rogstad) Greeley ,,, X Geological Survey _Grover Department of Health Hudson -- --Highway Department Johnstown Historical Society Keenesburg -- --Water Conservation Board Kersey ✓ X Oil and Gas Conservation Commission La Salle Lochbuie FIRE DISTRICTS Longmont _Ault F-1 Mead _Berthoud F-2 Milliken Brighton F-3 New Raymer __Dacono F-19 ^_Nunn _Eaton F-4 Platteville Fort Lupton F-5 ` X Severance �Galeton F-6 i X Windsor Hudson F-7 Johnstown F B COUNTIES La Salle +'-9 _Adams Longmont F-l0 _Boulder _Milliken F-11 _Larimer _Nunn F-12 _Pawnee Platteville -F-13 FEDERAL GOVERNMENT AGENCIES _Platte Valley F-14 US Army _Corp of Engineers Poudre Valley F-13 _USDA-APHIS Veterinary -Service Raymer _Federal Aviation Administration Southeast Weld F-1-6 Federal _Communication Commission X Windsor/Severance F-17 Wiggins F-18 Western Hills F-20 SOIL CONSERVATION DISTRICTS Brighton OTHER _Fort Collins X -Central Colo. Water Conservancy Dist. Greeley X Roullard Lateral Ditch Company Longmont R North Weld County Water District X West Adams COMMISSION/BOARD MEMBER X Ernie Ross 9 .0535 r n mErORFIIDUM \ •4 To Keith Schuett Dace April 13, 1990 COLORADO Trom see D. Morrison, Assistant County Attorney suh]em Antelope Hills Subdivision There are currently two local improvement districts applicable to the Antelope Hills Subdivision, 1st and 2nd _Filings. Those improvements to the subdivision and the county road accessing the subdivision do provide access to the proposed PUD. The question hat arisen, can the PUD lots be assessed along with the subdivision lots for the two local improvement. districts. So my knowledge, the local improvement district law would not allow amending a district after the assessment has been certified and liens attached to the -properties and payments made. This information was made available at the time of the creation of the second local improvement -district through the Comissioners and Engineering- The next possibility is to _use Section 11-2 of the Subdivision Regulations to -reimburse the contributors to the Improvements. That section _generally applies to roads constructed under a road improvements agreement by a prior developer. The roads within the subdivision improved by the Antelope Hills Local Improvement District 41986-1 -actually completed work agreed to by the developer in 1972 but never completed. The second district performed work on WCR 70 (#198_9-4) and was done essentially by an agreement by petition and Bosrd action to create the local Improvement District. My conclusion is that the subdivision regulations could be read to compel the developer to contribute a share of expenses back to the contributors towards WCR 70 and the subdivision streets. The share should be calculated as lots in PUD t total lots in the subdivision and PUD combined for the expenses in improving the roads proposed to be used by the PUD. L e D. Morrison Assistant County Attorney LDM:5 a It" APR 1 3 1990 A _ 9C0535 MEMORAnDum Weld County Planning April 5, 1990 To Date Environmental Protection Services Vile)COLORADO From Case Number: Z-453 Name: Antelope Hi is PUD, Subject. c/o Duane Kunkel Environmental Protection Services has reviewed this _proposal and recommends for approval, subject to the following conditions: 1. Weld County Septic Permit is required for the proposed home septic system and shall be installed accordingto the Weld County Individual Sewage Disposal Regulations. Some sites will require Engineer Designed Septic Systems due to geologic conditons at the location. WP231/cs 'f ,rJ�r \v/3�J-1 �I I I {' ;Hu i990 d ,ice i� I;b. *40,,,Hy -.`sB8a.i1, 9C0535 Y1.4 E L.n C 0 IJ T SHIER ff GREELEY , TE .806:51 1•1•..11 , v1 ,- Ll11Y IV IIVU .7CPlV I1./ES I\. PHONE(303)356-4000,EXT.4400 91510th STREET • GREELEY,COLORADO 80631 • x a t a CASE NUMBER Z-453 COLORADO NRakt March 23, 1,90 i�`} MAR-3--_ 990 ° ICI' TO WHOM _IT PLSY CONCERN: f 11V�h that1ttiti immosoki Enclosed is an, application from Antelope Hills PUD, c/o Duane Kunkel for a Site Specific Development Plan and a Change of Zone from A (Agricultural) to PUD (Planned Unix Development) for R-t (Low Density Residential) uses. The parcel of land is described as part of the nil of Section 13, T6N, R67W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is east of Weld County Road 23 and south of Weld County Road 70; south of and adjacent to Antelope Hills Subdivision. This application is submitted to you for review and recommendation.. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by April 6, 1990, so that we may give full consideration to your recommendation. Please call Keith A. Schuett, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed _above. L. We have reviewed thi_s request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. ELD 2. We do not have a Comprehensive Plan, but we feel this request .o -, :.? .J 7 : 4 ! (is/is Lot) 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: �q 5. lea refer to the enclosed letter. P/Ign--.O Signed: Agency: 571-E217F Date: ©3 rs71a3J� 4 (N, i - r� . !L i'r11SSion oil corporation 1600 west first street•loveland,colorado 80537•telex: rca 284909•telephone 303/669-4885 April 17 , 1.990 Mr. Keith S-chuett Weld -County Planning Department 915 10th Street Greeley, Colorado 80631 -- RE : Antelope Hills PUD Dear Mr . Shuett , Mission is in receipt of the maps for the Antelope Hills PUD development located in the NW/4 of Section 13 , T6N, R67W, Weld County, Colorado. The mineral rights under this quarter section are held jointly by Mission ail Corporation and Brooks Exploration, Inc . We have several concerns in regards to the development . Please find attached a copy of the State of Colorado rules and regulations in regards to the location of surface production equipment from occupied dwellings. Our concerns are as follows : 1 . 0 It appears as if the access to the Kadlub/Miller #2 well , located in the SE/4 NW/4 of Section 13, T6N, R67W will be limited to the_usage of Siasconset Road 440 the 30 ' easement at the end of -the *bad. First the developer :-must build both the Siasconset Road and the access road in such a manner as to withstand all weather heavy duty truck traffic with Gross Vehicle Weights in excess of 120, 000# and width' s of 25 ' . In addition, no restrictions shall be placed on any type of equipment that can utilize the road or times of day, since most oilfield operations ara 24 hour a day basis. We will also require a waiver from the developer releasing Mission Oil Corporation. and Brooks Exploration, their contractors, employees, or assigns from any and all damage to the road caused by equipment accessing the location. Mission and Brooks will agree that no equipment will utilize the road unless said equipment is tru-ck mounted as would be standard or _restricted on any _paved -hi ghway in the State of Colorado . 1 ' 9C� 535 Page 2 Antelope Hills Development 2 . 0 Also that Mission and Brooks will not bs required to install any additional safety equipment , fences, gates, etc . Any additional equipment installed, in excess of -that required by the State of Colorado Conservation Commission mules and regulations for wells located 300 ' from any residence, - shall be bore by the developer . 3 . 0 The movement the ecoess xoad from its current location to the proposed location by the developer may or may not _be acceptable to the surface owner . Any and all costs to relocate or rebuild the access road to the Kadlub/Miller #2 shall be the sole expense and liab, 4ity af the developer. The relocated access road to the well -must be built as an all weather road to withstand truck traffic .in excess of 120 , 000# Gross Vehicle Weight in order that Brooks and` Mission can access the location to sell oil or pump the well . 4 . 0 We will also require an agreement from the surface owner that if Mission or Brooks must install an tank battery, or surface facilities at the well site, that if special considerations mast be made as to locate the =facilities in such _a location that additional farm ground is taken up or the facilities are located such that they cause a burden to the farmer or surface owner , that such costa shall be reimbursed to the farmer or surface owner by the developer: 5 .0 The developer shall not build any houses on top of any existing pipelines and that a 25 ' right of way _easement shall be maintained on tap _of any existing natural gas_ _pipelines. 6 . 0 Any costs to relocate or replace any damaged pipelines , as a result of the deVelopment , shall be bore by the developer . 7 . 0 Any right of way or surface damages required to be paid by Mission or Brooks _in order to get the gas from the lease to a sales line , if any existing gas line must be moved, shall be bore by the development. 910535 Page 3 Antelope Hills Development Again we will require an agreement , :-":addressing the above concerns, be signed stating any addition Gists, over and above those which would normally be required, fox :the operation of the Kadlub Miller #24_` which result from restrictions or limitations on the mineral vtiners, as a result of the diVelopment , be bore by the developer . I will be present at the May 1 , 1990 meeting to express our concerns in the :,Amvelopment of the property, • Sincerely Yours , :44 14*-#4" Ralph L: Nelms Operaticns Manager cc. Mr. Bill Brooks Brooks Expllaration, Inc . • • • • • • • • •• 0 —11611 `11`f NV 1 ,; APR 1 9 190• '. _• . 1Y�f� 1;u• ' 9(? 3535 \ \ ��7u \� Steve ra nx�'e \`, �\ \\ • \\\ \\ 1 mite 1 `, • • \ '• \ \ 1.- 1 �`_ 1 - 11 \ / `.., `• • • `` I ` / set,,11 1 �1 ' ,-., sec. 1.2� �,- v , , ` �•� \ 1 ��• •/ `. • ._� - ' '.�. �71�u,w Gas � I Ni1 1 \ U S ,. ; ; 1 r -- \\ psi + �d.�7fl ----- -N y 1 49 Gay W6( �' ', i t � be �a ect- ---, \ - i -___� _ � � . A� I j, .�KttoW DI11 N 1 vc pt.l \` 1 k \\ pR.r � • 1 1 ` • i 1 Gahhl��l `. •• , , At -. 1, \ / HI a. . 1 �, -Nt % \ lateral` -,. \ \ _, "' 1t PICNA1 it"- _ i / 4G1fCIGLil\(T1RaL i �\ �1 \1 �'ir�'�r`-�i -- \ � ek,• I 1 \ i / �d ' 1 . �� i' / _ \ �' i , (% -• Q -� / 1/ • j / !I =r rzr,�ltxutto� /,'ANTELOPE` ' _ NILL�, PUD ; a4s \`\ \ � r �K.ENNEDY - �: \ y- - ;"".;a, r t#., � : ,''..`K SUBDIVISION -, e unty.Rd. 23 - ' •— q k,. --_ - ;;. 300535 , :. „. _ r ,p � t d ,-444,-•:w45,..,.�"R` 4'ttatc #C 4"4,4"'Y ivi,e-E `� ! 'C.;•�241 '. ea� ^e�.^i.3 '� ,c, 4t. tigAl '.x ^ N,Y r�. ` �' b t d* ( ra. §sa .- L' ,,,.;; ' 3; If`,,, ' d n ac,',"' -',--1 -r, ' ' - #4�1 -r .� + tIt N e' ' '''',":.:^4; k i` bz,e^ fi �y ' '� e tl did �l1,m r�`h^.. a 'k ,` x +C/ -,� 4 . r r g t r it-A. + �" �" d � °��� me-,',.•7^ a 5'. k,n / e Y� s %,. � ^r� a �. v , ha <. ``%.444,7 �s .2' ' "4;-..., „ +'-4P x why, w;y 'S '',Sa 0.'``.X f `'''Y' _: c' s,? l y 1 . I' NEPAL NOTES Water and fire protection prOvlded by North Weld County Water Dis- trict and Windsor-Severance Fire Protection District . Sanitary is provided on each lot through individual septic systems. Circulation system will be through public right-of-way local street standards. We will connect to the current end of Siasconset Road. A tract of land situate in The right-of-way to be dedicated to the County will be 60 feet wide. North, Range 67 West of the The cul -de-sac will be by easement and be 120 foot diameter. All the North line of the said public streets will be paved to a width of 24' -0 The barrow bearings contained herein r ditches will be 6 feet wide. The type of pavement will be asphalt . lines which. begin at a polr Street standards will comply with Weld County regulations. point on a line that Is par Open space is provided on each individual lot. All lots are ap- the Roulard Lateral irrigat proximately one acre in size and will allow ample space for recce- 62°00' 50" W 126.06 Feet, e ation, children ' s play area, and individual vegetable gardens. 69°29'14" W 211 .00 Feet , ar No water ways, drainages, ditches, or canals exist on the parcel . 84°34'13" W 248.30 Feet anc It is noted that the West and South property boundaries are 20 ft. corner of said Section 13 t from the center line of a lateral that flows from the Roulard Lat W 195.00 Feet, and again N eral Ditch. 88.00 Feet, and again N 22' A natural gas well head exists approximately 300 feet East of the 345.06 Feet; thence N 73'5E P.U. D. 's East boundary. right-of-way line of Slascc NO known geologic natural or manmade hazard zone overlays this 16°03'27' W 75.28 Feet; the property. W 199.55 Feet; thence S 16° Feet; thence S 11'12'00" W mission Oil of Loveland, Colorado, holds the mineral rights to 9.3515 acres, more or less. this portion of the property. (303) 669-4885• No geological ha ` hazards areknbwn to exist within the proposed P.U.D. district. . No flood hazard areas are known to exist within the proposed P.U.D. Aistnvct. . No storm drainage facility is planned for the project. landscaping will be provided on a lot-byalot basis. . Recorded ditch easement centerline is 20 foot from the prescribed west and south boundry of the P.U.D. \\ \\ � �' \ t0 c,\ \\ s\ 1 `, 1 mile ; ' t �\ i I t \ / St" tS:-is -set 11 1 �\ sec. 12 , � �j >A- scr ixilL is H BP 1oo°doa I 4? Co O171 Z -,:., ' 134 oi35 01(.4 • - . 01340 En) II-90 ica°) 0156 ed VI 2 N r ......_ � ., CU DNC-Y - SANS TEPT -- _ I "::* Olf06 moot II 9O 15(0 �_ : :'" I�°b to, i-Esb Ir-- f I ii.:•;..1.1:1 illl� , , , 12 .LC ■C"i i'�1 ::,i:: :a:rv{:}LYE' I ■■ • •" •"••••••••••••••••• \JIntDS0R C,11.S PLANT ,'`k. .- l Ka,t_u 9/ 'Ai LL ER # I �■ 'vii r��.i 012E I1 11'lc lIteu , 1 - 46P I,Age e " LUIo / IAILLER #z - -� I J' M 13 la 1 \JINTR listC RU TZ # I y `JIMQSON it AD LIT--12- # I i i tea, aye 2.3 24 19 waist_k 4 N , Rd dab SC0535 w n. If a well is _deepened for the purpose of producing oil and gas from a lower stratum, such deepening to and completion in the lower stratum shall be conducted in such a manner as to protect all upper productive strata. o. Whenever applicable, and after proper notice and hearing, the commission intends to issue field-wide or area-wide orders covering the general _drilling rules, or without -a hearing under authority granted to the Director. p. If the well is abandoned, the surface must be reclaimed, all pits filled and all debris removed. q� In cultivated areas, as soon as conditions permit, following the e completion of chilling and completion operations, all the material associated with the drilling of the well that have been brought onto the premises and which no longer are needed shall be removed including but not limited to concrete, sack bentonite and other drilling mud additives, sand, plastic, pipe, cable, waste material and paper. No such material shall be burned or buried on the premises unless approved by the surface owner. A notice shall be sent to the surface tenant at the same time. r. As soon as conditions permit and recognizing the needs of the surface owner, drilling locations shall be restored within a reasonable time, not to exceed six (6) months, to their original conditions or to the size necessary for a normal producing location insofar as is practicable. The unit operator shall notify the surface owner, within fire (5) ;days prior, that such restoration is to take glace and, if requested by land owner shall consult with respect to the proposed reclamation operations and any special considerations that are necessary. s. Upon written protest by the land owner regarding any of the above rules involving them, the Director shall take such action as he may deem appropriate. 31-8. LOCATION OF WELLS All -wells drilled for oil or gas to a common source of supply in excess of 2, 500 feet in depth shall be located not less than 600 feet from any lease line, and shall to located not less than 1,200 feet from any other producible or drilling oil or gas well *when drilling to the same common source of supply, unless authorized by order of the Commission upon hearing; provided and except that in drilling to a known common source of supply that is less than a _depth of 1,500 feet below the surface, the -weal shall be located not less than 21)0 feet from any lease line, and not less than 300 feet from any other producible oil or gas well, or drilling well, in said source of supply, unless authorized by order o₹ the Commission; provided, however, that the completed depth of the 110 =discovery -well shall be recognized as the depth of the pool - 27 - 9C0,535 for spacing purposes; provided further that the Commission may grant an exception to the requirements of this rule because of /is topographical conditions, archeological conditions or irregular sections; provided further , that the Director may grant exceptions to this rule where the owners proposing to -drill a well, file with the Commission a waiver or consent signed ty the lease owner toward whom the well location is proposed to be moved, agreeing that said well may be located at the point at which the owner proposes to drill the well and where correlative rights are protected; provided that if the owner o₹ the proposed well is also the owner of the lease on the property toward which the well is proposed to be moved, a waiver shall be obtained from the mineral interest owner of the lands covered by the offset lease. If a waiver cannot be obtained or the parties cannot reach an agreement, the operator may apply to the Director for relief from this requirement. This rule shall not apply to authorized secondary recovery projects; provided further that this rule shall apply to fracture or crevice production found in shale, except from fields previously exempt from this rule; provided further that in a unit operation, approved by Federal or State authorities, the rules herein set forth shall not apply except that no well in excess of 2,500 feet in depth shall be located less than 600 feet from the exterior or interior (if there be one) boundary of the unit area and no well less than 2,500 feet in depth below the surface shall be located less than 200 feet from the exterior or interior (if there be one) boundary of the unit area unless otherwise authorized by the order of 40 the Commission after proper notice to owners outside the unit area. No well drilled for oil or gas shall be located within 200 feet of a shaft or entrance to a coal mine mot definitely abandoned or sealed, nor shall such well be located within 100 feet of any mine shaft house, mine boiler house, mine engine house, or mine fan; and the location o₹ any proposed well must insure that when drilled it will be at least fifteen (15) feet from any mine haulage or airway. 319. ABANDONMENT The requirements for abandoning a well shall be as follows: a. Plugging. (1) A dry or abandoned well, seismic, core, or other exploratory hole, must to plugged in such a manner that oil, -gas, water, or other substance shall be confined to the reservoir in which it originally occurred. Any plug shall be a minimum of fifty (50) feet long and shall -be placed across or above and below each zone to be protected. The material used in plugging, whether mud-laden fluid, cement, mechanical _40 plug, or some other suitable material, must to placed in the well in a manner to permanently -prevent migration of oil, -gas, water , or other substance from the formation or horizon in which it originally occurred. 90053 i — 28 - t SAFETY REGULATIONS _601. INTRODUCTION The rules and regulations in this section are promulgated to protect the health, safety and welfare of the general public during the drilling, completion and operation of oil and gas wells and producing facilities. They do not apply to parties or requirements regulated under the Federal Occupational Safety and Health Act of 1970 (See Rule 212) . 602. GENERAL The training and action of employees, as well as proper location and operation of equipment is an important part of any safety program. While this section is general in nature, it is considered a basic part o£ the foundation of any safety program. a. employees shall be familiarized with these _rules and regulations as provided herein as they relate to their function in their respective jobs. Each new employee should have his job outlined, explained and demonstrated. b. Unsafe and potentially dangerous conditions as -defined by these rules, should be reported immediately by employees to the supervisor in charge and if the condition 0 cannot be remedied as soon as practical, the company representative shall contact the Commission, as well as appropriate local authorities. Where unsafe or potentially dangerous conditions exist, the owner or operator shall respond as directed by an agency with demonstrated authority to do so (such as sheriff, fire district director, etc.) . c. Vehicles of persons -not involved in -drilling, production, servicing, or seismic operations shall be located a minimum distance of one hundred (100) feet from the wellbore, or a distance equal to the height of the derrick or mast, whichever is -greater. Equivalent safety measures shall be taken where terrain, location or other conditions do not permit this minimum distance requirements- d. Existing wells are exempt from the provisions of these regulations as they relate to the location of the well. e. Existing producing facilities shall be exempt from the provisions of these regulations with respect to minimum distance requirements and setbacks unless they are found by the Director to be unsafe. r - 61 - Se053 A f. The Director shall -have the authority to grant variances to these regulations after consultation and concurrence of local authorities. In the absence of concurrence, the Director shall bring the matter before the Commission at public hearing. 603. Drilling and Well Servicing Operations. a. Wells shall be located a distance of 150 feet or one and one-half times the height of the derrick, whichever is greater, from any occupied building, public road, major above ground utility line or railroad. b. Wells shall be a minimum distance of 150 feet from a surface property line. If it is not feasible for the operator to meet this spacing requirement, a waiver from the offset surface owner shall be obtained. Such waiver shall be written and filed in the appropriate office of record and with the Director. If it is not feasible for the operator to meet this spacing requirement and the parties can not reach an agreement, the operator shall apply to the Director for relief from this requirement. c. When drilling or well servicing operations are in progress on a well where there is any indication the well will flow hydrocarbons, either through prior records or present conditions, there shall be on the rig floor a safety valve with connections tool joint or coupling being used eonithe job.th each size and type of d• Rig substructure, -derrick, or mast shall be designed and operated to prevent accumulation of static charge. e. Prior to initiating well servicing operations, the well shall be checked for pressure and steps taken to remove pressure or operate safely under pressure before commencing operations. f• Well control equipment and other safety requirements are: (1) When there is any indication that a well will _flow, either through -prior records, present well conditions, or the planned well work, blowout prevention -equipment shall be installed in accordance with Rule 317 or any special orders of the Commission. (2) Blowout prevention equipment mhen required by Rule 317 shall be in accordance with API RP 53 : CO Recommended Practices for Blowout Prevention Equipment CO Ll0 Systems, or amendments thereto. CO (3) While in service, blowout tn equipment shall be inspected daily and a prevention tn , nter operating test shall be preverip, but not more than once every 24-hour each round trip, of operating tests shall be made on the daily reps Notation - 62 - n.. y.- (4) All pipe _fittings, valves and unions placed on or connected with blowout prevention equipment, well casing, casinghead, drill pipe, or tubing shall have a working pressure rating suitable for the maximum anticipated surface pressure and shall be in good working condition as per generally accepted industry standards. (5) blowout preventers shall contain pipe rams to -enable closure on the pipe being used. -The choke line(s) and kill line (s) shall be anchored, tied or otherwise secured to prevent whipping resulting from pressure surges. (6) Pressure testing of each component of the blowout prevention equipment, if such equipment is required, shall be conducted prior to drilling out any string of casing except conductor pipe. Drilling operations shall not proceed until blowout prevention equipment is found, upon test, to be serviceable. (7) if the blind rams are closed for any purpose except operational testing, the valves on the choke lines or relief lines below the blind rams should be opened prior to opening the rams to bleed off any pressure. 0 (8) All rig employees shall have adequate understanding of and be able to operate the blowout preventer equipment system. New employees shall be trained in the operations of blowout preventer system as soon as practicable to do so. (9) Drilling contractors shall place a sign or marker at the point of intersection of the public road and rig access road. (10) The -number of the public road to be used in accessing the rig along with all necessary emergency numbers shall be posted in a conspicuous place on the drilling rig. i g. All locations, including wells and surface production facilities, shall be kept free of weeds, rubbish and waste material. #04. production Facilities. a. Crude Oil Tanks (1) Atmospheric tanks used for crude oil J storage shall be built in accordance with the following standards as applicable: - b3 - 900535 (a) Underwriters Laboratories, Inc. , No. UL-112, "Standard for Steel above ground Tanks for Flammable and Combustible Liquids" (b) -American Petroleum Institute Standard No- b50, "Welded Steel Tanks for Oil Storage" (c) -American Petroleum Institute Standard No. 12B, Bolted Tanks for Storage of Production Liquids" (d) American Petroleum Institute Standard No. 12D, "Field Welded -Tanks for Storage of Production Liquids" or (e) American Petroleum Institute Standard No. 12F, "Shop 'Welded Tanks for Storage of production Liquids" . (2) Tanks shall be located at least 2 diameters or 350 feet, whichever is smaller , from the boundary of the property on which it is built. Where the property line is a public way the tanks shall be 2/3 of the diameter from the nearest side of the public way or easement. (=a) Tanks less than 3 ,000 -barrels capacity shall be located at least 3 feet apart. (b) Tanks 3,000 or more barrels capacity shall be located at least 1/6 the sum of the diameters apart. When the -diameter of one tank is less than 1/2 the diameter of the adjacent tank, the tanks shall be located at least 1/2 the diameter of the smaller tank apart. (3) -Tanks shall be a minimum of 700 feet from residences, normally occupied buildings, or well defined normally occupied outside -areas. (4) Berms shall be constructed around tanks, in the absence of remote impounding both methods shall enclose an area with sufficient volume to contain the entire contents of the largest tank in the enclosure. Berms shall be inspected at regular intervals and maintained in good condition. When a berm is provided around tanks no potential ignition sources shall be installed inside that area. (5) Tanks shall be a minimum of 75 feet from a fired vessel or heater-treater. (6) Tanks shall be a minimum of 50 feet from a separator, well test unit or other non-fired equipment. MW -9C0 35 64 - be a minimum 7-5 feet compressor with nasratinglof 2-00 horsepower, r mare. from a (8) Tanks shall be a -minimum of 75 feet from a wellhead. (9) Gauge hatches on atmospheric tanks used for crude oil storage shall be closed at all times when not in use. (1D) Vent lines from individual tanks shall be joiners and ultimate discharge shall be directed away from the loading racks and fired vessels in accord with API RP 12R-1. b• Fired Vessel, -Heater-Treater (1) Fired vessels (FV) heater-treaters (HT) shall be minimum of 50 feet o_from separators or well test units. (2) FV-HT shall be a minimum of 50 feet from a lease automatic custody transfer unit (LACT) . (3) FV SIT shall be a minimum of 40 feet from a pump. well. (4) TV-HT -shall be a minimum of 75 feet from a (5) TV-HT -shall te a minimum of 200 eet from residences occupied -buildings, or well defined f normally occupied outside areas. terminate (6) a manner so nts on essure safety devices shall a or adjoining facilities. They _shall endanger the publicd to be clear and free of debris and be designedso as water at all time s c. Special Equipment Under unusual circumstances special equipment may be required to protect public safety, The Director shall determine if employed to such equipment should be protect public safety and if SD operator to employ same. If the o require the part does concur with the Per at ion a or the affected shall bring the matter before the Commission a atn'the director public hearing. (1) All wells located within 15D feet of a residence(s) , normally occupied buildings, or well defined normally occupied outside area (s) , shall be equipped with an automatic control valve that will shut the yell in when a sudden change of pressure, either a rise or drop, occurs- Automatic control valves shall be designed so they fail safe. S00535 - 65 - (2) Pressure control valves required in (a) shall be activated by a secondary gas source supply, and shall be inspected at least every three (3) -months to assure they are in good worki=ng order and the secondary gas supply -has volume and pressure sufficient to activate the control valve. (3) All pumps, pits, and producing facilities shall be adequately fenced to prevent access by unauthorized persons when the producing site or equipment is easily accessible to the public and poses a -physical or health hazard. (4) Sign(s) shall be posted at the boundary of the producing site where access exists, identifying the operator, lease name, locationL and listing a phone number, including area code, where the operator may be reached at all times sunless emergency numbers #gave been furnished to the county commission or it's designee. i d. Mechanical Conditions All valves, pipes and fittings shall be securely fastened, inspected at regular intervals and maintained in -good mechanical condition. 605. Seismic -Operations a. All explosives will be legally and safely stored and accounted for in magazines when not in use in accord with the Alcohol, -Tobacco and _Firearms Division of the Federal Department of the Treasury. b. -Blasting shall be kept a safe distance from an occupied building, well or spring, unless by special written permission of the surface owner or lessee, according to the following minimum distances: Up to 2 lbs. -charge 20D feet 2 to 5 lbs. charge 30D feet 5 to 10 lbs. charge 60O feet 10 to 30 lbs. charge 100O feet over 21 lbs. charge 1320 feet c- Unstable soils within road right—of-ways shall be avoided when in a saturated condition.. d� All shot holes shall be preplugged or anchored to prevent public access if not immediately shat. 606. Fire Trevention and -Protection. a. Gasoline-fueled engines -shall be shut _down -during fueling operations if the fuel tank is an integral part of the engine. 900535 - 6b - 410 _`� '' v ...-- p@'COIO. \--LI 45 rya,,` WE--9D-0008 HF rapt OI ROY4i.ROMER ',* P * JOHN W. BOLD DIRECTOR GOVERNOR \ * > */ */876*' COLORADO GEOLOGICAL SURVEY DEP-ARTMENT OF NATURAL RESOURCES 713 STATE CENTENNIAL BUILDING- 1313 SHERMAN STREET DENVER,COLORADO 80203 PHONE(303) 66-2611 April 2, 1-990 Mr. Keith A. Schuett Weld County _Department of Planning Services 915 10th Street Greeley, CO 80631 i1E: Z-453, Antelope Hills P.U.D. Dear Mr. -chuett: We have reviewed the -above referenced application for development and rezoning. Geologic conditions that may affect development -on the site include: {potentially swelling soils and bedrock, shallow bedrock, potential perched ground water, erosion, locally steep slopes, and potential radon gas hazard. The site does not lie within a 100-year flood plain and there is no record of any underground mining having occurred on the site. Bedrock on the site is mostly the Fox Hills Sandstone. There may be some Pierre Shale near the Aitch. Although the Fox Hills is fairly stable on slopes, all _cut and fill operations should be designed and supervised by a geotechnical engineer in order to minimize the potential for slope failure or severe erosion. The Pierre Shale has been found to produce high levels of radon gas in areas along the Front Range. Therefore, we recommend that houses either be constructed using ra-don gas reduction techniques; or be tested for radon after completion, and any necessary remedial measures be implemented. Because of the potential for adverse subsurface conditions, site-specific foundation excavation inspections and soils tests should be conducted as necessary. The presence of shallow bedrock on the site will adversely affect the performance of septic systems. Specially engineered systems may be required. Furthermore, even though community water is being supplied, it would be preferable if lots were larger. i_0 �� i ir\V) i� APR b 1990 'I L. GEDLOGY NW a �t'''' ..:4 STORY OF THE PAST...-KEY TO THE FUTURE SC4 35 Mr. Keith A. Schuett —2- April 2, 1-990 In conclusion, there appear to be no major -geologic constraints on the site which would preclude approval of ,the proposed development. Therefore, if our recommendations, and those ipf Impire Laboratories are followed, we have no objection to the approval of this application. Sincerely, i Candace L. Jochim y {Tgineeriny Geologist 5557K 900515 STATE OF COLORADO OIL AND GAS CONSERVATION COMMISSION DEPARTMENT OF NATURAL RESOURCES SUITE 380 LOGAN TOWER BUILDING WILLIAM R. SMITH 1580 LOGAN STREET Director DENVER,_COLORADO 80203 DENNIS R.-BICKNELL ROY ROMER Deputy Director (303)-894-2100 Governor March 28 , 1990 Lanell J. Curry y Department of Planning Services MAR .3 Q 1990 915 10th Street Greeley, CD 80651 ia_.._ Re: application for a Site Specific Development PlAW6COOfti7tligl 4ftlow and a Change of Zone. Antelope Hills PUD . Case # Z-453 Sec 13—bN-67W This letter is in regard to your request to review and comment on the Antelope Hills site specific plan for a low residential use area in sec 13-6N-67W. I have reviewed the application and do not find any conflicts with the plans presented. I must compliment the responsible party who clearly plotted the gas wells in thQ planned unit area . _This helps our review tremendously . I have enclosed an area well plat for your information. Future drilling in this area, should it occur , will have to comply with our safety rules, specifically: Rule 605 (a) Wells shall be located a distance of 150 feet or one and one-half times the -derrick, whichever is greater , from any occupied building, public road, or major above ground utility line or railroad . Rule 694 ( a) ( 3 ) _Tanks shall be a minimum of 200 feet from the residences, normally occupied buildings, or well defined normally occupied outside area. Rule 604 ( b) (5) Fired vessel , heater treater, shall be a minimum of 20D feet from residences, occupied buildings, or well defined normally occupied outside area . If I can be of any further assistance 1 may be reacher] at 894-2100 . Yours truly, Za n Steph n -Pott Sr . Engineer yp 9 0535 lb 11%jOr' «' DEPARTMENT OF PL-ANNINOSERVICES PHONE(303)_356-40O0,-EXT.4400 ry H GREELEY,COLO915 RADO10thSTREET80631 I ;' e COLORADO CASE NUMBER Z-45kett Web March 23, 1990 77f�fl / MAR 261990 TO WHOM IT MAY CONCERN: lnanV`0�� 7I� J11n. M ilif Enclosed is an application from Antelope Hills PUD, c/o -Duane Kunkel (for a Site Specific Development Plan and a Change of Zone from A (Agricultural) to _PUD (Planned Unit Development) for R-1 (Low Density Residential) lases. The parcel of land is described as Tart of the NWl of Section 13, T6N, R67W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is east of Weld County Road 23 and south of Weld County Road 7D; south of and adjacent to Antelope Hills Subdivision. This application is submitted to you for _review and recommendation. Any comments or recommendation you consider -relevant so 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 6, 19-90, so that we may give full consideration to your recommendation. Please call Keith A. Schuett, Current _Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1 . We have reviewed this request and find that it does/does mot) _comply with our -Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we lee]. this request (is/is Lot) _compatible with the _interests of our town for the following reasons: 3. 4 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. is, Please refer to the en_closed letter. � Signed: r, � It Td Agency: tlld epryyhcyactO Date: �1d0 90 9035 Z -o CO N. 3 F— CC o_P } w ,„ , o * . v 6 ES f 'w . .- 0,V �IE. � ¢ .v - f — 0 , ° z 8 V ,T_I I r 3O R z i F w -C /' +- 1 CO N �: --...1, If W --\--, • l._I ,_ �i 4 g i'li: ,, yr _x p 31 n({ ,...„ o Ia ...IAp x: a bQ ? I et x O �n_ II I . L._ d o o• z%) • ` 0 '`..7 = ��° I Z tv h. a rte. g N H w 3 I s¢ .0 . v 3 I ooT 8 : x � ,n f A LL�•,\ \. ' " � p � r. s w (l' ai z.�. LE _ rc B—r, z 'w L — g'ill-'' * E --- �„ta / i2a E.R ---� 9 ` - _ CO __ - .... 4LI u) g a — a h;Y W 'V' i_ __ v r _. _.._.. _. ... ..._ ___.____- �_ _ ._. ..r�1+iMtw .acv -�+- . .-r _ _ �_ _ ____ _ � - ---^'r , . -- — -------- �' • 7�,.._ zx N :53• "'ts- mo. .m� 2j wiw . .� § �pxp T� :.,z-}4- oF= - 0 ;L7 „I ,. � . k' 0 zap-.R' �J ao Si, ..; m¢ J mo zm � .mp , Y J w m �q� P• -_.� z8 I�w ih1 w�.i�i f�u G �; 3 $1- fI _ Q0 m Wm • a3 aag a , I Nso o z za+ o ..i...4- , • g ��• zw �nz iw 3 �W �-v~i 2.,3,..,g t -4,• a I o o zp ° a `3, o u a � • �'• . i a el of I f . p e t-,— oi 't ..41�'? — I -- tv) ao 4 0 �. , = i 4 .� N N �k' '�.. 86 a7I ' Z N • . + N • . Co.. i d _ o _. _ . N eh . et CD N c U i Ii O_ I tN M • N i i m 0 �3 •o- T• m p ? ._.__.._.. ._..�._-... ._...-.� .. .. a 1.— .. _.._ ;- =m ret M 0 _▪ a V 1 w a T 1. hJom g m 1S3lM / r-i i - Mailing List Z--4 53 Antelope Hills PUD Mission Oil 1600 West First Street Loveland, CO 80537 Christopher M. and Peggy J. Tometich 33976 Siasconset Road Windsor, CO 80550 Paul and Glenda S. Rhodes 33906 Siasconset Windsor, CO 80550 Michael F. and Ruth Ann Sampson 11287 Madaket Windsor, CO 80550 Gerald R. and Dorothy A. Mongan Y.O. Box 163 -Eaton, CO 80615 -Paul Henderson 11323 Madaket Windsor, CO 80550 William H. and Dianna L. Rexford 11316 Weld County Road 70 Windsor, CO 80550 Dale and Connie S. Winder P.O. Box 1372 Windsor, GO 80550 David S. and Karen G. Woronoff P.O. Box 823 Windsor, CO 80550 Clara Rutz 413 Walnut Windsor, CO 80550 Ronald A. and Deborah L. Getz 75925 Gaylin Avenue Windsor, CO 80550 "00515 Mailing List Z-453 Antelope Hills PUD Page 2 David and Diane L. Gutierrez 33933 Cliff Road Windsor, CO 80550 Clifford and Barbara A. Roberts 11430 Madaket Windsor, CO 80550 Harold Wayne and Janet L. Smith 11330 Madaket Windsor, CO 80550 Robert G. Paul Patricia D. Taylor 11320 Madaket Windsor, CO 80550 Jefrey E. and Nancy J. Manuel 11286 Madaket Road Windsor, CO 80550 Gerard and Geraldine R. Brodzinski 33858 Siasconset Drive Windsor, CO 80550 David M. and Luella J. Dehrck 33973 Siasconset Drive Windsor, CO 80550 Margie A. Walker 33941 Siasconset Windsor, CO 80550 Sheldon R. and Brenda L. Stroham 33901 Siasconset Windsor, CO 80550 Harold W. and Irene ,1. :Drieth 33875 Siasconset Windsor, CO 805-50 G. John and Sherron A. Brunner 33847 Siasconset Windsor, CO 80550 900535 Mailing List Z-453 Antelope Hills PUD Page 3 Edwin D. and Marjorie A. Kadlub 625 Oak Windsor, CO 80550 S00535 DEPARTMENT OF PLANNING-SERVICES PHONE(303)356-4000,EXT.4400 915 10thSTREET GREELEY,COLORADO 80631 .r! F . ° • COLORADO April 23, 1990 Antelopa -Hills PUD c/o Rick Hannan Gefrow Hottman, Inc. 145 West Swallow Street Fort Collins, CC 80525 Subject: Z-453 - Request for a Change of Zone from A (Agricultural) to PUD (Planned Unit Development) for R-I (Low Density Residential) uses as described in the Weld County Zoning Ordinance on a parcel of land described as part of the NW} of Section 18, T6N, R67W of the 6th P.M. , Weld County, Colorado Dear Mr. Hattman: The application and related materials for the request described above are in order at the present time. I have scheduled n meeting; with the Weld County Planning Commission on Tuesday, May 1, 1990, at 1:30 p.m. This meeting will take place in the County Commissioners' Hearing Room, first floor, Weld County Centennial Center, 915 10th Street, Greeley, -Colorado. It is recommended that you and/or a representative be in attendance to answer any -questions the Planning Commission members might have with respect to your application. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. There₹ore, our office has forwarded a copy of the submitted materials to both the Windsor and Severance Planning Commissions for review and comments. Please call ,Tanet Lathrop, Town of Windsor at 686-7476 and Roberta Haas, Town of Severance at 686-2366 for further details regarding the date, time, and place of this meeting. at is recommended that you and/or a representative be in attendance at the Windsor and Severance Planning Commission Meetings to answer any -questions the Commission members may have with respect to your application. 900535 Mr. Rick Wittman March 23, 1390 Page 2 It 3s the responsibility of an applicant to see that a sign is -posted on the property under consideration at least 10 days preceding the hearing date. Sometime prior to April 20, 1990, you or a representative should call me to obtain a sign to be posted on the site no later than April 21, 1990. The Department of Planning Services' staff will =make a recommendation concerning this application to the Weld County Planning Commission. It is the responsibility of the applicant to call the Department of Planning Services` office a few days before the date of the Planning Commission hearing to obtain that recommendation. If you have any questions concerning this matter, please feel free to call me. Respectfully, Keith A. Schuett Current Planner KAS:rjg pc Antelope Hills TUD c/a Duane Kunkel 1339 Sunflower -Drive Windsor, CO 80550 enclosure 900-535 4404 DE PARTMENT PLANNIN_GSERVICES ++�� DE PHONE(303)356-0000,EXT.-4400 91510th STREET H��r'°2"2,-2s� -GREELEY,COLORADO 80631 2� qq qti `O i� N Wi - , • m y��199p CASE NUMBER Z-453 COLORADO ire if. t. �� March 23, 1990 ��v2dis ^ 4V/ �1 ZC LL0" TO WHOM IT DAY CONCERN: Inclosed is an application from Antelope Hills PUD, c/o _Duane Kunkel for a Site Specific Development Plan and a Change of Zone from A (Agricultural) to PUD (Planned Unit Development) for R-1 (Low Density Residential) uses. The -parcel of land is described as part of the NWi of Section 13, -T6N, R67W of the 6th £.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is east of Weld County Road 23 and south of Weld County Road 70; south of and adjacent to Antelope Hills Subdivision. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by April 6, 1990, so that we may give full consideration to your recommendation. Please call Keith A. Schuett, Current Tlanner, 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. ('_'�--_, l 4 „ ' 1Z 2. We do not have a Comprehensive Plan, but we feel thi requzesst �"c-r� (is/is Lot) compatible with the interestt of our r 2�� town for the following reasons: _ szj .o 3. •Jl We have reviewed the request and find no conflicts witlour 1J ✓ interests. 4. A formal recommendation is under consideration and will le submitted to you prior to: 5. Please refer to the -enclosed letter. Signed: alit 44,4„c„:„ L/p_Agency: 4; s e, APR —3 Date: 1990 900535 1p, fo _ •�• _t DEPARTMENT OF PLAI‘INING SERVICES -PHONE(303)-356-0000,EXT.4400 I 91510th STREET GREELEY,COLO RADO 80631 � t >, v !,- .„;. s EASE NUMBER Z-453 COLORADO March 23, 1990 TO WHOM IT MAY CONCERN: Enclosed is an application from Antelope -Hills PUD, c/o Duane Kunkel for a Site Specific Development Plan and a Change of Zone from A (Agricultural) to PUD (Planned Unit Development) for R-1 (Low -Density Residential) uses. The parcel of land is described as part of the NWf of Section 13, T6N, R67W of the 6th P.M. , Weld County, Colorado. -The location of the parcel of land for _which this application has been submitted is east of Weld County Road 23 and south of Weld County Road 70; south of and adjacent to Antelope Hills Subdivision. Ills 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 swill help to facilitate the processing of the application and will ensure prompt consideration of your recommend— Please reply by April 6, 1990, so that we may give full consideration try�� your recommendation. Please call Keith A. Schuett, -Current Planna, if tou SLY have any questions about the application. _ m ,S=d-1 ≤. -,-.J- iC c., cin Check the appropriate boxes below and return to our address list id above. ;'s' ,745 i 1 . We have reviewed this request and find that it a � ej does/does not) comply with our Comprehensive Plat for the'l following reasons. J 2. We do not have a Comprehensive Plan, but we feel this request (is/is Lot) compatible with the interests of our town for the following reasons: 3. �1 -We have reviewed the request and find no conflicts with our interests. 4. A formal Tecommendation is under consi-deration and Agill be submitted to you prior to: 5. :Please refer to the Enclosed letter. Signed:L/ 2—// - i(9)-C' 4742,1,1,7 ,4 Agency: G�/✓v',1SOp," � Y / P Af;lry; Date: —S ° 1900535 1 DEPARTMENT OF PL-A-NNING SERVICES PHONE(303)356-40O0,EXT.4400 915 10th STREET d, GREELEY,COLORADO 80631 CASE NUMBER Z-453 COLORADO March 23, 1990 10 WHOM IT MAY CONCERN: Enclosed is _an application from Antelope Hills PUD, c/o Duane Kunkel for a Site Specific Development Plan and a Change of Zone from A (Agricultural) to PUD (Planned Unit Development) for -R-1 (Low Density Residential) uses. The parcel of land is described as part of the NWT of Section 13, T6N, R67W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is east of Weld County Road 23 and south of Weld County Road 70; south of and adjacent to Antelope Hills Subdivision. This application is submitted to you for review and recommendation.. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by April 6, 1990, so that we may give -full consideration to your recommendation. Please call Keith A. Schuett, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1.. We -have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the f�---�1 following reasons. t ,rd cg -Is TO a w l 2. We do not have a Comprehensive Plan, but we feel this request �'l (is/is Lot) compatible with the interests of our :o -ri sown for the foll-owing reasons: .o zl CD . s ltal l`---'l 3. _X We have reviewed the request and find mo conflicts with our 111 interests. A. A formal Yecommendation is under consideration and will be submitted to you prior to: 5. Ple se re o the enclosed letter. -Signed. Agency: A747777 .4c 42 le/47:6C ,0%5/ Date: of/-2rn 200535 (This ti ;I l ' DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000,D(T.4400 91510th STREET GREELEY,COLORADO 80631 ,...... .. • LASE NUMBER Z-453 COLORADO March 23, 1990 3.0 WHOM IT MAY CONCERN: Enclosed is an application from Antelope Hills PUD, c/o Duane Kunkel -for a Tire Specific Development Ylan and a Change of Zone from A (Agricultural) to PUD (Planned Unit Development) for R-1 (Low Density Residential) uses. The parcel of land is described as Tart of the NW1 of Section 13, T6N, R67W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is east of Weld County Road 23 and south of Weld County Road 70; south of and adjacent to Antelope Hills Subdivision. This application is submitted to you for review and recommendation.. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by April 6, 1990, so that we may give dull consideration to your recommendation. Please call Keith A. Schuett, Current Planner, if you have any questions about the application. _Check the appropriate boxes below and return to our address listed above. 1 . We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. l/ We have reviewed the request and find no conflicts with our interests. II. -A formal recommendation is under consideration and will be submitted to you prior to: 5. Please Tefer to the enclosed letter. / Signed: tY ,)) c-cc, 7� \L . 0,4 , -Agency: U,4Cs,r;� -or ("DiO,ce Date: Li 5h°� ( `:" C0L535 r_iiii -;--) , ,„,...„,,, ,., t DEPARTMENT OF PLANNING SERVICE-S -PHONE(303)356-4000,EXT.4400 � 191510th STREET GREELEY,COLORADO 80631 r} r • -CASE NUMBER Z-453 COLORADO March 23, 1990 TO WHOM IT MAY CONCERN: Enclosed is an application from Antelope Hills PUD, c/o Duane Kunkel for a Site Specific Development Plan and a Change of Zone from A (Agricultural) to PUD (Planned Unit Development) for R-I (Low Density Residential) uses. The parcel of land is described as part of the NWi of Section 13, T6N, R67W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is east of Weld County Road 23 and south of Weld County Road 70; south of and adjacent to Antelope Hills Subdivision. -Ilds 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 6, 1990, so that we may give full consideration to your recommendation. Please call Keith A. Schuett, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1 . We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive -Plan, but we feel this request (is/is Lot) compatible with the interests of our town for the following reasons: 3. ' We have reviewed the request and find no conflicts with our interests. 4. -A formal recommendation is under consideration and will be submitted to you -prior to: 5. Please refer to the enclosed letter. Signed: Ql3r,trayi---) rk9,1 A-gency:-TOulo (`i -`-)EJ3F_2AnY-P UU O Date: �{I It MO 900535 i �t a 'tleg DEPARTMENT OF PLANNING-SERVICES PHONE(303)356-4000,EXT.4400 915 101hSTREET GREELEY,COLORADO 80631 4ll i 11 k, .6 - i -CASE NUMBER Z-453 COLORADO March 23, 1990 TO WHOM IT MAY CONCERN: Enclosed is -an application frwm Antelope Hills PUD, c/o Duane Kunkel for a Site Specific -Development Plan and a Change of Zone -from A (Agricultural) to PUD (Planned Unit Development) for R-1 (Low Density Residential) uses. The parcel of land is described as part of the NWi of Section 13, T6N, R67W of she 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is east of Weld County Road 23 and south of Weld County Road 70; south of and adjacent to Antelope Hills Subdivision. This application is submitted to you for review and recommendation.. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by April 6, 1990, so that we may give full consideration to your recommendation. Please call Keith A. Schuett, -Current Planner, if you have any questions about the application. Check the appropriate boxes below and return: to our address listed above. 1 . We have reviewed this request and find that it sloes/does not) comply with our Uomprehensive Plan for the following reasons. -H�� 4 r : n ! suL 70 _ We do not have a Comprehensive Plan, but we feel this request N. — ,� (is/is not) compatible with the intErests of our 3 w �i tOWi1 for the following reasons: i ZS CI = Noo �I rr Er—' 3� v We have reviewed the request and find no conflicts with our 11 1J interEsts. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. 1)lease refer to the enclosed letter. , a Signed�l-y%t 6- � � Agency: cc �y�t r ,j0,,, Z212 Lit Date: / /7, /6/ ( Jr.. 0535 f9:1 fit `( DEPARTMENT OF PLANNING SERVICES PHONE(303)358-4000,EXT.4400 I 91510th STREET -GREELEY,COLORADO 80631 C. CASE NUMBER Z-453 COLORADO March 23, 1990 TO WHOM IT MAY CONCERN: Enclosed is an application from Antelope Hills PUD, c/o Duane Kunkel for a Site Specific Development Plan and a Change of Zone from A (Agricultural) to PUD (Planned Unit Development) for R-1 (Low Density Residential) uses. The parcel of land As described as part of the NW} of Section 13, T6N, R67W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is east of Weld County Road 23 and south of Weld County Road 70; south of and adjacent to Antelope Hills Subdivision. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by April 6, 1990, so that we may give full consideration to your recommendation. Please call Keith A. Schuett, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1 . We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests oT 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: �. Please refer to the enclosed letter. Signed: Agency: °'c53� Date: x,, AGREEMENT KNOW ALL MEN BY THESE PRESENTS : THIS AGREEMENT, is made and entered into this day of 1s99D, between and among Mission Oil Corporation, 1600 West First Street , -Loveland, Colorado 80537 ( "Mission" ) , Brooks Exploration, inc . , 621 17th -Street , Suite 22S5 , Denver, Colorado 80293 ( "Brooks" ) , Gefroh Hartman, Inc . , 14S West Swallow Road, Fort Collins, Colorado 80525 ( "Gefroh" or "Developer" ) , Duane Kunkel , 139 Sunflower Drive, Windsor, CO S0550 ( "Surface Dwner" ) , and Marjorie A. -adlub, 424 Main Street , Windsor, CO SO-550 ( "Adjacent Surface Owner" ) . WITNESSETH: WHEREAS, Mission and Brooks are the leasehold owners of 100* of the oil & gas mineral rights underlying the _NW/4 of Section 13 , Township 6 North, Range 67 West of the 6th P.M. , Weld County, State of Colorado, and WHEREAS , Gefroh has submitted to the Weld County Planning Department , a Planned Unit Development ₹te-Zoning Application for Antelope Hills P.U. D. , covering a portion of said NW/4 of Section 13 , T6N, R67W as more particularly described on Exhibit "A" , attached hereto and made a part hereof , and WHEREAS, the parties hereto desire to set forth the terms, covenants and conditions whereby Gefroh ( "Developer" ) will be sesponsible for any and all additional costs incurred by Mission and/or Srooks in the exercise of their leasehold rights as a _result of the approval of said re-zoning application and the subsequent development of said Antelope Hills P.U.D. NOW THEREFORE, in consideration of the premises and of the covenants herein contained, the adequacy of which are hereby confessed, the parties hereto covenant and agree as follows : 1 . In order to comply with the Rules and Regulations of the State of Colorado Conservation Commission, a 300 foot buffer zone shall be -maintained around the well bore of the Kadlub/Miller #2 Well , located in the SE/4NW/A of Section 13 , T6N, 7267 . 2 . Mission and Brooks shall access said Kadlub/Miller #2 Well , via the existing dirt road located adjacent to, and on the northeast side of , the 72oulard Lateral Irrigation Ditch; and no restrictions that limit either the type of equipment that may used on said access road, or the time of day during which said road may be traveled (as oilfield operations are carried out on a 24 hour a day basis) , shall be entered into and/or placed of record. S . Any safety equipment , fences, gates, etc . , in excess of that required by the State of Colorado Conservation Commission -Rules and Regulations for wells located 300 ' from any residence, required to be installed at the Kadlub/Miller #2 Well as a result of the approval of the herein referenced re-zoning application and subsequent development of Antelope 7iills P.U.D. , shall be borne by the Developer. 4 . The Surface Owner and Adjacent Surface Owner hereby agree that if it becomes necessary tor Mission or Brooks to install a tank battery or surface facilities at the Kadlub/Miller #2 well site and, as a result of the approval of the herein referenced re-zoning application, special consideration must be given as to the location of such facilities which results in either additional acreage being required for well site use or the location of the facilites in such a manner that they cause a burden to the tenant or surface owner , any and all additional costs required to be 9430535 paid for well site surface damages shall be borne by the Developer . 5 . The _Developer acknowledges the leasehold right of Mission and Brooks to lay and maintain natural gas pipelines; and agrees that development of the lands herein described will not occurover any existing natural gas pipelines owned by Mission or Brooks . In order to accomplish this, Mission and Brooks will allow the Developer to relocate existing pipelines as required; and Developer agrees that any and all costs incurred in such relocation of pipelines, including any and all costs associated with Right of Way and/or Surface Damage payments resulting from the relocation of said pipelines, shall be borne by the Meveloper . It is further agreed that the Developer shall grant and maintain a 25 ' right o₹ way easement over and across any and all existing and/or relocated natural gas pipelines located on the lands herein described. T. Any and all costs incurred to repair existing pipelines, damaged as a result of the approval of the herein referenced re-zoning application and subsequent development of said Antelope Hills P.U.D. , shall be borne by the Developer . 7 . -The Developer, Surface Owner , and Adjacent Surface -Owner do hereby agree to hold -harmless, defend and indemnify Mission and Brooks, their contractors, employees, or assigns, from and against any and all liability, claims, remedies, damages or causes o₹ action for personal injuries, pain and suffering, or sheath arising out of or connected with or resulting from any leasehold operations, or anything else done ( including, but not limited to, the relocation of existing pipelines by Developer , and/or trespass by any third party within the 300 ' buffer zone around the well bore of said Kadlub/Miller #2 ) in the NW/4 of Section 13 , T6N, R67W. 8 . The terms, covenants and conditions hereof shall be binding upon, and unure to the benefit of the parties hereto, their heirs, successors and assigns, and such terms, covenants and conditions shall be covenants running with the lands and leases herein described and with each transfer or assignment of said lands and leases. IN WITNESS WHEREOF, this instrument is executed as of the bate first above written. DEVELOPER: GEFROH HARTMAN, INC . Attest : By: Fredric J. Rattman Vice President SURFACE OWNER: ADJACENT SURFACE OWNER: Duane Kunkel Marjorie A. Kadlub 900535 LEASEHOLD -OWNERS : MISSION OIL CORPORATION Attest : -By: Karen Burgess, Asst . Secretary Ralph L. Nelms Vice President BROOKS EXPLORATION, arm. Attest : By: Bill J. Brooks President STATE OF COLORADO ) ) SS . COUNTY OF ) Before me, the undersigned, a Notary Publi-c , in and for said County and State, on this day of , 13390 , personally appeared Duane Kunkel , to me known to be the identical person, described in and who executed the within and foregoing instrument of writing and acknowledged to me that he duly executed the same as his free and voluntary act and deed for the uses and purposes therein set forth. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal the day and year last above written. Notary Public My Commission Expires : Address STATE OF COLORADO ) ) SS . COUNTY OF ) Before me , the undersigned, a Notary Public, in and for said County and State, on this day of 19330, personally appeared Marjorie A. Kadlub, to me _known to be the identical person, described in and who executed the within and foregoing instrument of writing and acknowledged to me that she duly executed the same as her free and voluntary act and deed for the uses and purposes therein set forth. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal the day and year last above written. Notary Public My Commission Expires: Address 90053S STATE OF COLORADO ) ) SS . COUNTY OF ) _On , 1990, before me, the undersigned, a Notary Public in and for said County and State, personally appeared Fredric J. Hattman, known to -me to be the Vice President of Gefroh Hattman, Inc . , a Colorado Corporation, and acknowledged to me that he executed the same, on behalf of fefroh Hattman, Inc . WITNESS my -hand and official seal . Notary Public My Commission Expires : Address STATE DF COLORADO ) ) SS . COUNTY OF ) On , 1990, before me, the undersigned, a Notary Public in and for said County and State , personally appeared Ralph Z.. Nelms , known to me to be the Vice President of Mission Oil Corporation, a Colorado Corporation, and acknowledged to me that he executed the same, on behalf of Mission Oil Corporation. WITNESS my hand and official seal . Notary Public My Commission Expires : Address STATE OF COLORADO ) ) SS. COUNTY OF ) On , 1990 , before me, the undersigned, a Notary Public Am and for said County and State, personally appeared Bill J. Brooks , known to me to be the President of Brooks Exploration, Inc. , a Colorado Corporation, and acknowledged to me that he executed the same , on behalf of -Brooks Exploration, Inc. WITNESS my hand and official seal . Notary Public My Commission Expires: Address 900535 EXHIBIT "A" Attached to and made a part of that certain Agreement between and among Mission Oil Corporation, Brooks -Exploration, Inc. , Oef roh Hartman, Inc . , Duane Kunkel , and Marjorie A. Kadlub, dated , 1990. DESCRIPTION OF LANDS COVERED BY THE PUD (PLANNED UNIT DEVELOPMENT) REZONING APPLICATION FOR ANTELOPE HILLS P.U. D. , AS SUBMITTED BY UEFROH HARTMAN, INC . , ON FEBRUARY 21 , 1990 : A tract of land situate in a part of the NW/4 of Section 13, T6N, R67W of the Bth P.M. , Weld County, CO, which considering the North line of the said NW/4 as bearing North 85 degrees 59 minutes 2 seconds East and with all bearings contained herein relative thereto is contained within the boundary lines which begin at a point which bears -South zero -degrees 16 minutes 27 seconds East 1 , 657 . 64 feet to a point cn a line that is parallel with and 20 . 00 feet Northerly and Easterly of the Roulard Lateral Irrigation Ditch and again -along said parallel line South 62 degrees zero minutes 5D seconds West 126 . 06 feet , and again North 76 degrees 4 minutes 3 seconds West 138 .28 feet , and again South 59 degrees 29 minutes 14 seconds West 211 . 00 feet and again North 87 degrees 42 minutes 28 seconds West 239 . 15 feet , and again South 84 degrees 34 minutes 13 seconds West 245 . 30 feet , and again North 77 degrees 18 minutes 10 seconds West 78 .-56 feet from the North -quarter corner of said Section 13 and run thence along said parallel line North 77 degrees 18 minutes 10 seconds West 195 . 00 feet , and again North 63 degrees 13 minutes 27 seconds 14est 97 . 36 feet , and again North 47 degrees 31 minutes 46 seconds Nest 58 .00 feet , and again North 22 degrees 39 minutes 28 seconds West 303 .52 feet, and again North 16 degrees 3 minutes 27 seconds West 345 .06 feet , thence North 73 degrees 56 minutes 33 seconds East 301 . 10 feet to a point on the Easterly right-c₹-way line of Siasconset Road, thence along said Easterly line North 16 degrees 3 minutes 27 seconds West 75 . 28 feet , thence North 73 degrees 56 minutes 33 seconds East 296.75 feet , thence South 12 degrees 23 minutes zero seconds West 195 .55 feet , thence South lb degrees 3 minutes 27 seconds -East 196 . 00 feet , thence South 80 degrees 16 minutes 27 seconds East 109 . 11 feet , thence South 11 degrees 12 minutes zero seconds West -605 . 59 feet to the point of beginning containing 9 . 3515 Acres, more or less. REPORT OF A PRELIMINARY GEOTECHNICAL INVESTIGATION FOR ANTELOPE HILLS P.U.D. WINDSOR, COLORADO GEFROH HATTMAN , INC. FORT COLLINS, COLORADO PROJECT NO. 8332-90 BY EMPIRE LABORATORIES, INC. 301 NORTH HOWES STREET FORT COLLINS, COLORADO 80521 710 I MAP 2 1 1990 kiton Cn. �I�m,e�it. ,:mm�,rssiw 900535 TABLE OF CONTENTS Table of Contents i Letter of Transmittal Report 1 Appendix A A-1 Test Boring Location Plan A-2 Key to Borings A-3 Log of Borings A-4 Appendix B B-1 Summary of Test Results B-2 Appendix C C-1 Appendix D D-1 Soils Map D-2 Soils Descriptions -3 ' 9C-05-35 _ XHIBIT ing/J �) mission oil corporation 1600-west first street•loveland,coloradoll0537 •tax:rca 284909•telephone 303/669.4885 May 1 , 1990 Mr . Keith Schuett Weld County Planning Department 915 10th Street Greeley, Colorado 80631 Re: Antelope Hills PUD - Zone Change -Submission NW/4 of Section 13 , TEN, R67W Weld County, Colorado Dear Mr . Shuett : Mission ail Corporation and 13rooks Exploration, Inc . , leasehold owners of 100% of the oil & gas mineral rights underlying the above referenced property, present this letter in response to the T.U.D. Re-Zoning Application, covering a portion of the above referenced property, and -submitted by Gefroh Hartman, Inc . , for the Antelope Hills P.U.D. Upon review of the District Plat Supporting Documentation submitted in connection with the above referenced re-zoning application, we note that , with respect to mineral extraction, the Developer states that there exists, under separate cover, an outline of the method of resolving any conflicts that may exist , and of resolving Any unforeseen problems that may occur , it said B.U.p. Re Zoning Application is approved by the Weld County planning Department . However , we are aware of no such outline providing for the above . Therefore , please find enclosed an Agreement which formally creates a 300 ' buffer zone around the Kadlub/Miller 42 well bore, located in the S8/4NW/4 of said Section 13 , and which sets forth the responsibilities of the Developer in regard to additional costs that may be incurred by Mission and Brooks as a result of the approval of the re-zoning application and subsequent development of the Antelope Hills P.U.D. 9C(17;35 Weld County Planning Dept . May 1 , 1990 Page two Subject to execution of the enclosed Agreement by the following parties , please be advised that Mission Oil Corporation and Brooks Exploration, Inc . , do not object to the herein referenced P.U.D. Re-zoning Application submitted by Gefroh Hattman, Inc . : Gefroh Hattman, Inc . - Developer Duane Kunkel - Surface Owner Marjorie A. Radlub - Surface Owner of land in the NW/4 of said Section 13 lying adjacent to the proposed subdivision and within 300 feet of the Kadlub/Miller *2 Well , located in the SE/4NW/4 of Section 13 , T6N, 1267W. When fully executed, this Agreement shall be placed of record in Weld County, and shall be binding upon the heirs, successors and assigns of the pasties thereto; and the covenants and conditions thereof shall be covenants running with, the lands and leases therein described and with each transfer or assignment of said lands and leases. Yours truly, O� Ralph L . Nelms Dperations Manager Enclosure - cc : Brooks Exploration, Inc . 900535 Empire -Laboratories, Inc. CORPORATE_OFFICE P.OJ3ox 503•_3Ot No.Howes GEOTECHNICAL ENGINEERING&MATERIALS TESTING Fort Collins,Colorado 80522 (303)484-0359 February 8, 1990 FAX No.(303)484-0454 Gefrnh Hartman, Inc. 135 West Swallow Road Fort Collins, Colorado 80526 Attention: Mr. Rick Hattman Gentlemen: We are pleased to submit our Report of a Preliminary Geotechnical Investigation prepared for the proposed single family residential development to be located northeast of Windsor, Colorado. The accompanying report presents our findings in the subsurface and our recommendations based upon these findings. - --- Very truly yours, / EMPIRE LABORATORIES, INC. 1 r ei iv 1'tQeif R. errod Senior Engineering Geologist -Reviewed by: /� „G�v/ "� o />> c:::::Chester E. Smith, P.E. �` � 48®� dw, President ss 5r Un o4! EN:6V @r CIC -,-,�T�i9p 1011o�O'e®`` , 6b RA, �7 -NO Brertch otnces W \�' P O.Box 1744 P.O.�ox 5659 0< N P.O.Box 16859 �.0.Box 1135 6 Colorado Springs,CO80935 Longmont,C080502 Greeley,C080832 Cheyenne,WY 82003 /� 1719)597-2116 (303)776.3921 (303)351-0460 ,x(207)832.9224 r �</ T� .r7a3J Member of Consulting Engineers Council II REPORT OF A PRELIMINARY GEOTECHNI CAL INVESTIGATION SCOPE This report preserrts the results of _a preliminary geotechnical evaluation prepared for the proposed residential developmerrt located in the Antelope Hill area, northeast of Windsor, Colorado. The investigation included test borings and laboratory testing of samples obtained from these borings. The objectives of this study were to (1 ) determine the geologic characteristics at the site, (2) determine the -subsurface conditions at the site relative -to -the proposed construction and (3) determine -the suitability of the site for _construction of individual sewage disposal systems. SITE EXPLORATION The field exploration, _carried out on January 31 , 1990, consisted of -drilling, logging, an-d sampling four (4) test borings and running three (3) percolation tests. The test borings were located by Empire Laboratories, Inc. from the existing street located at the northern edge of the property using conventional chaining methods. The locations of the test borings are shown on the Test Boring Location Plan and Geologic Map included in Appendix A of this report. Boring logs prepared from the field logs are included in Appendix A. These logs show soils encountered, location of sampling, and ground water at the time of the investigation. The borings were advanced with a four—inch diameter, continuous- type, power-flight auger drill. During the drilling operations, a geotechnical engineer from Empire Laboratories, Inc. was present and made continuous observations of the soils encounters-d. -1- SITE LOCA-PION AND DESCRIPTION The proposed residential site is located south of County Road 70 northeast of Windsor, Colorado. More particularly, the site is described as Antelope Hills P. U.D. , a subdivision situate in the Northw_est 1 /4 of Section 13, Township S North, Range 67 West oT the Sixth P.M. , W_eId County, Colorado. The site is located on a gently to moderately sloping west-southwest hillside below the crest of Antelope Hill , which is a high p-oint rising above the surrounding area. The property is turrently veget-ated with prairie grasses and weeds. Siasconset Road is paved to the north _edge of the -site. Rouland Lateral Ditch is located adjacent to the south _and west property lines. The Antelope Hills Subdivision is located to the north ans9 east. Sev_eral existing houses are located adjacent to the project _area on the north and east. LABORATORY TESTS AND EVALUATION Samples obtaine-d from the test borings were subjected to testing in the laboratory to provi-de a sound basis for evaluating the physical properties of the soils _encountered. Moisture corrtents, dry unit wei-ghts, unconfined compressive strengths, sw_elling potentials, and the Atterberg limits were determined. A summary of the test results is included in Appendix B. SOIL AND GROUND WATER CONDITIONS The soil profile at the site consi-sts of strata of materials arranged in different combinations. In order of increasing depths, they are as follows: (1 ) Silty Topsoil: The area tested is overlain by a six (6) inch layer of silty topsoil. The topsoil has been penetr_ated by root -2- 9(.10535 growth and organic matter and should not be used as a bearing soil or as a fill and/or backfill material. (2) Sandy Clayey Silt: This stratum underlies the topsoil and extends to the bedrock below. The silt contains varying amounts of sand and/or clay, is slightly to moderately plastic, and exhibits low to moderate bearing characteristics in its dry to damp natural condition. When wetted, the clayier portions of the silt stratum exhibit slight to moderate swell potential. (3) Sandstone--Siltstone Bedrock: The bedrock was encountered in the borings drilled at the site at depths of three (3) to -six (6) feet below the surface and extends to greater depths. The upper one (1 ) to two (2) feet of the bedrock is highly weathered; however, the underlying sandstone interbedded with minor amounts of siltstone is firm to dense and exhibits very high bearing -characteristics. When wetted, the siltstone portion of th-e bedrock exhibits slight to moderate swell potential. (4) Ground Water: Twenty-four hours after drilling , no free ground water was encountered at the site to the depths explored. Water levels in this area are subject to change _due to seasonal variatiorrs and irrigation demands on and/or adjacent to the property. In addition, it is our opinion surf-ace water may percolate through the upper subsoils and become trapped on the relatively impervious besirock, forming a perched ground water condition. GEOLOGY The area under study is located within the -Colorado Piedmont section of the Great Plains physiographic province. The Colorado Piedmont, formed during Late Tertiary and Early Quaternary time (approximately sixty-five million (65,000,000) years ago) , is a broad, 90O535 -3- erosional trench which separates the Southern Rocky Mountairrs from the High PI-ains. Structurally, the property lies along the western flank of the Denver Basin. During the Late Mesozoic and -Early Cenozoic Periods (approximately severrty million (70,000,000) years ago) , intense tectonic activity occurred, causing the uplifting of the Front Range and the associated downwarping of the Denver Basin to -the east. Relatively flat uplands and broad valleys characterize the present-day topography of the Colorado Piedmont in this region. The site is underlain by residual and/or eolian silt soils of Pleistocene and/or Recent Age. Bedrock underlying the site consists of the Cretaceous Fox Hills sandstone. Bedrock underlies the site at depths of three (3) to six (6) feet below the surface. Relief at the site is -approximately thirty-five (35) feet from the east to west, -and the general slope of th-e land varies between five percent (5%) and ten percent (10%) with a maximum slope located along the eastern edge of the site of approximately twenty percent (20%) . Due to the relatively gentle nature of the slope over the -majority of the site, mass movements due to gravity, such as landslides, mudflows, and rockfalls, etc. , are not anticipated on the property. The silt soils at the site are subject to erosion. Therefore, it is recommended that -all areas stripped of vegetation due to the construction of the proposed road and/-or residences be reseeded to help minimize erosion. Positive drainage should be provided around the structures and for the existing cul-de sac to be corrstructed at the site. With proper site grading and control of drainage, erosional problems at the site should be minimized. The site lies within the drainage basin of the Cache La Poudre River but lies well outside the topographic flood plain of the stream and should not be subjected to flooding by the river or by any of its tributaries. Excavation of the -dense bedrock at the site may require heavy-duty excavation equipment. However, it is not anticipated that blasting will be required to excavate the firm bedroc-k to normal basement excavation depths and for utilities to be corrstructed at the site. Geologic conditions at the site are such that economic deposits of sand and gravel, quarry rock, coal or limestone are not present in our opinion to economic depths. Based on our knowledge of the geology of 9c0535- -4- the area, it is not anticipated that excessive amounts of radioactive minerals will the encountered in the soil or bedrock in the area, and radiation hazards at the site, in our opinion, should be minimal. However, this should be verified by tests taken either in the residences after construction or from soil samples taken at the site. RECOMMENDATIONS AND DISCUSSION It is our understanding the site is to be developed f_or single f-amily residences. The lots will be served by on-site sewage disposal systems. Siasconset Road is to extend into the site as a cul-de-sac. Site Grading, Excavation and Utilities Specifications pertaining to site grading are included below and in Appendix C of this report. It is recommended that the upper six (6) inches of topsoil penetrated by root growth and organic matter below building, filled and paved areas be stripped and -stockpiled for reuse in planted areas. The _upper six (6) inches of the subgrade below building, paved and filled areas should be scarified and recompacted between optimum moisture and two percent (2%) wet of optimum moisture to at least ninety percent (90%) of Standard Proctor Density ASTM D 698-78. (-See Appendix C. ) Fill should consist of the on-site soils or imported granular material approved by the geotechnical engineer. Fill should be placed in uniform six (6) to eight (8) inch lifts and mechanically compa-cted between optimum moisture and two percent (2%) wet of optimum moisture to at least ninety-five percent (950) of Standard Proctor Density ASTM D 698-78. Bedrock encountered at the site may be used as fill material in selected areas. Heavy-duty construction equipment equivalent to a D-8 tractor and ripper tooth or a track mounted excavator having a gross weight _of ninety thousand (90,000) pounds may he needed to excavate the firm be-Brock. Bedrock used as fill should be broken into pieces less than six (6) inches in diameter. Proper placement of the bedrock as fill may be ilifficult, and a disc or _other mixing equipment may be 3C11535 -5- needed to obtain uniform moisture and proper compaction. The bedrock should be used in open and planted areas -or in the lower portion of fill below paved areas. In computing earthwork quantities, an estimated shrinkage factor of eighteen percent (18%) to twenty percent 00%) may be used for the on-site subsoils compacted to the above-recommended density. All excavations should be dug on safe and stable slopes. It is suggested that excavated soil slopes be on minimum grades -of 1-1 /2:1 or flatter. The bedrock may be excavated on near-vertical slopes. The slope of the sides of th-e excavations should comply with local codes or OSHA regulations. The side slopes of the excavation should be maintained under safe conditions until -completion of backfilling. In addition, heavy construction equipment should be kept a safe distance from the edge of the excavation. _Utility -trenches dug four (4) feet or more into the upper soils should be excavated on stable and safe slopes in accordance with OSHA regulations, or the excavations should be properly shored. -All piping should be adequately bedded for proper load distribution. Gackfill placed in utility trenches in open -and planted areas should be compacted in uniform lifts at optimum moisture to at least ninety percent (90%) of Standard Proctor Density ASTM D 698-78 the full depth of the trench. The upper four (4) feet of backfill placed in utility trenches under roadways and paved areas should be compacted at or near Dptimum moisture to at least ninety-five percent (950) -of Standard Proctor Density ASTM D 698-78, and the lower portion of these trenches should be compacted to at least ninety percent (90%) of Standard Proctor Density ASTM D 698-78. Addition of moisture to and/or drying of the sub-soils may be needed for proper compaction. Proper placement of the bedrock as backfill may b-e difficult. Stripping , grubbing, subgrade preparation, and fill and backfill placement should be accomplished under continuous observation of the geotechnical engineer. Field density tests should be taken daily in the compacted subgrade, fill, and backfill under the direction of the geotechnical engineer. Si:,0515 -6- Foundations In view of -the loads transmitted by the proposed residential construction and the soil conditions encountered at the site, it is recommended -that the structures founded a minimum of three (3) feet above the bedrock stratum be supported by conventional-type spread footings and/or continuous grade beams. Footings and/or grade beams should be founded on the original, undisturbed soils a minimum of thirty (30) inches below finished grade for frost protection and a minimum of two (2) feet above the bedrock. The identification and undisturbed nature of the soil and the depth to bedrock -should be verified by th-e geotechnical engineer prior to placement of foundation concrete. Based on preliminary test results, footings and/or grade beams founded at the above level may be designed for a maximum allowable bearing capacity of between one thousand (1000) to three thousand (3000) pounds per -square foot (dead load plus maximum live load) . T-o counteract swelling pressures which may develop if the subsoils become wetted, footings and/or grade beams should be designed for a minimum dead load of between two hundred fifty (250) to seven hundred fifty (750) pounds per square foot. All or portions of structures founded in or within three (3) feet of the bedro-ck shoul-d be supported by a drilled pier foundation system. _Using this type of foundation system, the structure is supported by piers driller) into the bedrock stratum and structural grade beams spanning the piers. Piers should be straight-shaft and should be -drilled within plumb tolerances of one and one-half percent (1-1 /2%) relative to the length of the pier. The piers are supported by the bedrock stratum partially through end bearing and partially through -skin friction. It is recommended that all piers have minimum ten (10) foot lengths and that they be drilled a minimum of three (3) feet into the firm bedrock -stratum. Based on preliminary test results, piers founded at the above level may be designed for a maximum allowable end bearing pressure of between fifteen thousand (15,000) to twenty thousand (20,000) pounds per square foot. It is estimated that a skin friction of between one thousand five hundred (1300) to two thousand (2000) pounds per square -7- St C5e35 foot will be developed for that portion of the pier _embedded three (3) feet into the firm bedrock stratum. To counteract -swelling pressures which will develop if -the subsoils become wetted , all piers should be designed for a minimum dead load of between three thous-and (3000) to five thousand (5000) pounds per square foot. It is recommended that all grade beams have a minimum four (4) inch void between the bottom of the beam and the soil below. Drilled piers should be designed to resist all induced lateral forces. Since no free ground water was encountered at the site, temporary casing of the drill holes will not be required. It is recommended that all piers should have minimum ten (10) to twelve (12) inch diameters. It is strongly recommended that the sgeotechnical engineer be present during the drilling operations to (1 ) identify the firm be-drock stratum, (2) assure that _proper penetration is obtained into the sound bedrock stratum, (3) ascertain that all drill holes are thoroughly roughened, cleaned and dewater_ed prior to placement of any foundation concrete, (4) check all drill holes to assure that -they are plumb and of -the proper diameter, and (5) ensure proper placement of concrete and reinforcement. Bas-ements, Dewatering Systems and -Slabs on Grade Since no free ground water was encountered at the site to the depths explored , it is our opinion that basement construction is feasible at the site. However, due to the potential for a perched water table to develop at the site, all basement slabs and other portions of the proposed structures placed within three (3) feet of the bedrock should be _provided with complete dewatering systems designed to intercept potential perched ground water. Due to The expansiv_e nature of the subsoils encountered at the site, it is recommended that all slabs on Brade be designed structurally independent of bearing members. Septic Systems In view of the percol-ation rates and soil conditions encountered at the site, it is our opinion that portions of -the site are suitable for -8- -9C:0535 construction of standard-type septic systems. Suitable percolation rates were encountered in the borings drilled at the site. However, since bedrock is encountered at relatively shallow -depths in portions of the project area, either mounded type or other type engineered sewage disposal systems will be required in areas of shallow bedrock. Pavement It is our opinion that flexible pavement is suitable for the proposed street construction at the site. A flexible pavement alternate should _consist of asphalt concrete underlain by crushed aggregate base course o r asphalt concrete underlain by plant mix bituminous base course. The f ollowing pavement thicknesses at the site were determined using a group index of 4: Asphalt Concrete 3" Crushed Aggregate Base Course 6" Total Pavement Thickness 9" Asphalt Concrete 2" Plant Mix Bituminous Base Course 3 " Total Pavement Thickness Sz" The crushed aggregate base course should meet Colorado Department of Highways Class 5 or 6 specifications. The subgrade below the proposed asphalt pavement should be prepared in accordance with the recommendations discussed in the "Site Grading, Excavation and Utilities" section of this report. Upon proper preparation of the subgrade, the base course shoulrl be placed and compacted at optimum moisture to at (East ninety-five percent (93$) of Standard Proctor Density ASTM D 698-78. (See Appendix C. ) It is recommended that the asphalt concrete and/or plant mix bituminous base course be placed in two (2) to three (3) inch lifts. All plant mix bituminous base course and asphalt concrete shall meet Colorado Department of Highways specifications and should be placed in 94.:0535 -9- -accordance with these specifications. The crushed aggregate base course shall have an "R" value between 70 and 77, -the plant mix bituminous base course shall have an Rt value of 90 or greater, and the asphalt concrete shall have an Rt value of 95 or greater. The "R" value of the pavement materials lased should be verified by laboratory tests. Field density tests should be taken in the aggregate base course, bituminous base course, and asphalt concrete under the direction of -the geotechnical engineer. Rigid Pavement A feasible pavement alternate at the site would be rigid pavement. Using the eighteen (18) kip equivalent daily load application described above, a modulus of subgrade reaction of one hundred fifty (150) pounds per square inch per inch based on a group index of 4, a design life of twenty (20) years, and concrete designed with a modulus of rupture of six hundred (600) pounds per square inch, the following minimum pavement thickness recommended: Nonreinforced Concrete - 5" -Subgrade below proposed street should be prepared in accordance with the recommendations discussed in the "Site Grading, Excavation and Utilities" section of this report. Concrete pavement should be placed -directly on the subgrade that has been uniformly and properly prepared in accordance with the above recommendations. All concrete used in the paving shall meet ASTM specifications, and all aggregate shall conform to yiSTM C-33 specifications. The concrete should be designed with a minimum modulus of rupture of six hundred (600) pounds per square inch in twenty-eight (28) days. It is recommended that laboratory mix designs be done to determine the proper proportions of aggregates, cement, and water necessary to meet these requirements. It is essential -that the concrete have a low water-cement ratio, an adequate cement -'actor, and sufficient quantities of entrained air. Joints should be carefully designed and constructed in accordance with the Colorado —10- 9O053 '8 Department of Highways specifications to ensure good performance of the pavement. It is recommended that all concrete pavement be placed in accordance with Colorado Department of Highways specifications. If paving is done during cold weather, acceptable cold weather procedures as outlined in the Colorado Department of Highways specifications should be utilized. The concrete pavement should be properly cured and protected in accordance with the above specifications. Concrete injured by frost should be removed and replaced. It is recommended that the pavement not be opened to traffic until a flexural strength of four hundred (400) pounds per square inch is obtained or a minimum of fourteen (14) days after the concrete has been placed. GENERAL COMMENTS It should be noted that this was a preliminary investigation and that the bearing capacities recommended in this report are based on preliminary tests. Due to variations in soil conditions and swelling pressures encountered at the site, it is recommended that additional test borings be made prior to construction. Samples obtained from the borings should be tested in the laboratory to provide a basis for evaluating subsurface conditions. 9O3535 -11- APPENDIX A. I� I li I ' I 900535 -Ws< OaKI►Ali LocA.11OIJ M.be apfaXesilL MAP 11 Kfm rtaci- LRFDx NILLy I 1 P �1VHroN0 I I y. .__Ilo, vrSZLONr-1-7I.oPt- Khn \� ; : �r I i I I . I 1 • s I 1 1 I I \ 1 1 I 1` � ► z I \---.--4----‘---1 _ _ e 1 1 1 I t 1 4 I 31. , O I \ O 11 O A PI kl I \r k S \ EL: i00,9' P.U. P-I cb 1 \\ I cl'..°. ..................1-'\ \\ 1 � .I \ • • • \ • \ o ..\ \ C . \ 5. . )---------.14/::: # s \ \ NOK 14 a4 �N tNN 1 Ma ��` 1 \ \‘ Kfm \. e • \ ►I ICI --' , .. 900535 A-2 _ EMPIRE LABORATORIES, INC. -- KEY TO BORING LOGS e V TOPSOIL GRAVEL •re FILL SAND& GRAVEL iii SILT ® SILTY SAND& GRAVEL CLAYEY SILT at COBBLES i �ie' SANDY SILT � �J- SAND,GRAVEL&COBBLES T / J CLAY iffl WEATHERED BEDROCK // ' SILTY CLAY __ SILTSTONE BEDROCK V iI �d SANDY CLAY CLAYSTONE BEDROCK SAND • • • SANDSTONE BEDROCK '• SILTY SANDSin a LIMESTONE /"�.: ■�■ red CLAYEY SAND •`F GRANITE vASANDY SILTY CLAY ■ ' SHELBY TUBE SAMPLE STANDARD PENETRATION DRIVE SAMPLER WATER TABLE 24 hrs. AFTER DRILLING HOLE CAVED 5/12 Indicates that 5 blows of a 140 pound hammer falling 30 inches was required to penetrate 12 inches. SC0535 A-3 -- EMPIRE LAO-ORATORIES, INC. 1 JOG Of BORINGS RtWelCM No. I No. Z N..3 nb.4 8.5 13/12 .d 80 50 10�� 3 t 1 - - 10 1 75 -- 10 12 '� • ruin 1 70 8 1.�)� �■ 40 12 .=s. -- 65 P • • 504 . • • • � • 60 • • "� � 1 50 5 55 50 = Property pin; Elevation 100.0' A-4 910535 EMPIRE LABORATORIES, INC. APPENDIX B. 900535 c o c N N N O N N N N N -iv i r-1 ri 'Cr LC) I--I r--1 rd LO '--I r-1 1.. tO r-1 r-1 LO 3 \ \ \ \ s'•-... "*•••. \ \ \ \ \ \ \ \ \ CO 0 0 M O CO O d Co O Co O O O a m U) L17 H LL) M to .--I d Ln LO r-1 .--I LOa. j t �y U i -41 cC x 0 c .. o_ Q� . a Q 0 ._1 Ca CL m 81 Lc) 0- • M u 4 n. 'r �: 1_1A rn ID� v.E• x sn J J v -t--..I N J J V) �' W ? CCs vi 1°- W_ In W OF F^ Q u. s t cc D "it m a .. 1i cc W 4 a ... f vii � N t ) W 6d � a o s ,� O O II tr . 8'4 N .-• AO C. --o-or -G c d • C. n .--1 Ql Q1 CA M CO to N.. d CO M N CO LC) r-I O GK • • • • • • • • • • • • • r•••••• O • O- t0 L1) tO td N LC) Cr I. 1--.. O O LO CI) r7 Cr) N CO 2 •--1 .--• .--I r-I r.11 r-I .--1 L[) O C) O • I0 O O C3 • LP) O O O LO LC) O O 1 LT CI) ri .—• CT i In CO N r.1 In Cr) r-1 r-I N LO Cr) Z= 1 1 1 I 1 I 1 1 1 1 1 1 1 1 1 I 1 1 1 in O CO O O LO O O O O LA O O O O LC) LC) O O • • • • • . • • • • • • • • • • • • • O M 44• CO 'Cr O •4' n OO .4- O M -4- CO .4- O r-I .4- v-4 r-1 o--I r-1 711 4-) •r C -.--1 to W O r"$Z r4 N M a E E _Co 10 B-2 -90U= SUMMARY Of PERCOLATION TEST RESULTS Percolation Rate Depth to Depth to (Time required for water Hole No. Bedrock Groundwater (ft. ) to fall one (1) inch in Min. ) 1 6.0 27 2 4.5 10 3 3.0 11 - B0O535 B-3 c 1 APPENDIX C. Suggested Minimum Specifications for Placement of Compacted Earth Fill and/or Backfills GENERAL The geotechnical engineer shall be the owner's, architect's, engineer's or contractor's representative to observe placement of compacted fill and/or backfill on the project. The geotechnical engineer or his representative shall approve all earth materials prior to their use, the method of placement and the degree of compaction. MATERIALS Soils used for all compacted fill and backfill shall be approved by the geotechnical engineer or his representative prior to their use. Fill material shall be free from organic matter, frozen material and other unsuitable substance and shall not contain rocks or lumps having a diameter greater than six (6) inches. SUBGRADE PREPARATION All topsoil, vegetation, trees, brush, timber, debris, rubbish and all other unsuitable material shall be removed to a depth satisfactory to the geotechnical engineer or his representative. The material shall be disposed of by suitable means prior to beginning preparation of the subgrade. The subgrade shall be scarified a minimum depth of six (6) inches, moisture conditioned as necessary and compacted in a suitable manner prior to placement of fill material. Fill shall not be placed until approval by the geotechnical engineer or his representative; and in no case, shall fill material be placed on frozen or unstable ground. Subgrade which is not stable may require the use of imported granular material , geotextiles or other methods for stabilization as approved by the geotechnical engineer. FILL PLACEMENT Fill material shall not be placed during unfavorable weather conditions. Material proposed for use as fill shall be approved by the geotechnical engineer or his representative prior to use. Proposed import material shall be approved by the geotechnical engineer or his representative prior to hauling to the project site. Fill material shall be C-2 900535 uniformly mixed such as to preclude the formation of lenses of material differing from the surrounding material. All clods shall be broken into small pieces. The contractor shall construct the fill in approximately horizontal lifts extending the entire length of the fill. The thickness of the layers before compaction shall not be greater than eight (8) inches. Till being placed on slopes or hillsides shall be benched into the existing slope. A minimum two (2) foot horizontal bench shall be cut into the _existing excavated slope for each four (4) feet vertical of fill, or each lift should be benched slightly into the existing grade. MOISTURE CONTROL Prior to and during compaction operations, the fill material being placed shall be maintained within the range of optimum moisture specified. A general recommendation is to maintain the fill material within two percent (2$) plus or minus of optimum moisture so that proper compaction to the specified density may be obtained with a minimal effort. In building pad and {paved areas, material exhibiting swelling potential shall be maintained between optimum moisture and two percent (2$) wet of optimum moisture content. The moisture content of the fill material shall be maintained uniform throughout the fill. The contractor may be required to add necessary moisture to the fill material and to uniformly mix the water with the fill material if, in the opinion of the geotechnical engineer, it is not possible to obtain uniform moisture content by adding water on the fill surface. If, in the opinion of the geotechnical engineer, the material proposed for use in the compacted fill is too wet to permit adequate compaction, it shall be dried in an acceptable manner prior to placement and compaction. Uniform mixing may require discing, blading or other methods approved by the geotechnical engineer or his representative. Adjustments of moisture content shall be made on the basis of determinations of moisture content by field tests as construction -progresses. COMPACTION The contractor shall furnish and operate the necessary types and kinds of equipment to perform the operations required to obtain the specified compaction. This equipment may include approved tamping rollers, rubber tired rollers, smooth wheeled rollers and vibratory rollers. If a sheepsfoot roller is used , it shall be provided with cleaner bars so attached as to prevent the accumulation of material between the tamper feet. Fill areas which are not accessible to full-sized construction equipment shall be placed in maximum four (4) inch lifts and compacted with power tampers to the specified density. C-3 900535 Compaction should meet the minimum percentages of maximum density as set forth in the project specifications or the recommendations of the report. The contract specifications supersede the recommendations given in this report. MOISTU-RE DENSITY RELATIONSHIP DETERMINATION Samples of representative fill materials to be placed shall be furnished by the contractor to the geotechnical engineer for determination of maximum density and optimum moisture or relative density. Sufficient laboratory moisture density or r-elative density curves will be made to determine the optimum moisture content and maximum density for the various soils placed as fill. Tests for this determination will be made using the appropriate method conforming to the requirements of ASTM D 698 (Standard Proctor) , ASTM D 1557 (Modified Proctor) or -ASTM D 4253, D 4254 (Relative Density). The materials used for fill shall be classified in accordance with ASTM D 2487 in order to permit correlation between the moisture density relationship data and the material being placed and compacted. Copies of the results of these tests will be furnished to the client and others as directed by the client. These test results shall be the basis of control for all compaction effort. FIELD DENSITY AND MOISTURE TESTS The in place density and moisture content of compacted fill will be determined by the Deotechnical engineer or his representative in accordance with ASTM D 1556 (sand cone method) or ASTM D 2922, D 3017 (nuclear -methods). Material not meeting the required compaction and/or Ynoisture specifications shall be recompacted and/or moisture conditioned until the required percent compaction and/or moisture content is obtained. Sufficient compaction tests shall be made and submitted to support the geotechnical engineer's or his representative's recommendations. The results of density tests will also be furnished to the client and others as directed. C-4 • x'005«3S ,_ *OIL:, MAY_ 53 t t 5L z ti r 13 MOIca4 !ii 5.Z I•, .Ion'_ o-z 990535 EMPIRE LABORATORIES, INC 13—Gascajo gravelly -sandy loam, 5 to 20 percent Typically the surface layer oT this Otero soil is brown slopes. This is a deep, excessively drained soil on terrace sandy loam about 10 inches thick. The underlying material edges and upland ridges at elevations of 4,600 to -5,200, to a depth of till inches is pale brown calcareous fine feet. It formed in very gravelly calcareous alluvium. In- sandy loam. chided in mapping are small areas of soils that are seal- Permeability is rapid. Available water capacity is low or moderately deep over sandstone and shale. moderate. The effective rooting depth Is fill inches or 'Typically the surface layer is brown gravelly sandy more. Surface runoff is medium, and the erosion hazard is loam about 0 inches thick. The upper part of the underly- low. ing material is pale brown and light yellowish brown very This soil is used almost entirely for irrigated crops. It gravelly sandy loam about 22 inches thick. 'rhe lower part is Hunted to the crepe commonly grown in the area. to a depth of 60 inches is light yellowish brown very Perennial grasses and alfalfa or close grotring crops gravelly sand. A layer of strong lime accumulation 22 should begrown at least 611 percent of the time. Contour inches thick is below the surface layer. ditches and corrugations can be used in irrigating close Permeability is moderately rapid. Available water grown crops and pasture. Furrows, contour furrows, and capacity is moderate. The effective rooting depth is 60 cross slope furrows are suitable for row crops. Sprinkler inches or more. Surface runoff is slow to medium, and the irrigation is also desirable. Keeping tillage to a minimum _erosion hazard is low. and utilizing crop residue help to control erosion. Main- The potential native vegetation is dominated by little taining fertility is important. Crops respond to applica- bluestem, sideoats grama, sand reedgrass, blue grama, tions of phosphorus and nitrogen. hairy grama, switchgrass, and needleanithread. Potential The potential native vegetation on this site is production ranges from 1,200 pounds per acre in favors- dominated by sand bluestem, sand reedgrass, and blue ble years to 700 pounds in unfavorable years. As range grama. Needleandthread, switchgrass, Hideouts grama, condition deteriorates, the tall and mid grasses decrease, and western wheatgrass are also prominent. Potential blue grama and hairy grouse increase, and forage produc- production ranges from 2,200 pounds per acre in favora- lion drops. We years to 1,800 pounds in unfavorable years. As range Management of vegetation should be based on taking condition deteriorates, the sand bluestem, sand reedgrass, half or less of the total annual production. Seeding and and switchgrass decrease, and blue grama, sand dropseed, mechanical treatment are unpractical. Deferred grazing is and sand sage increase. Annual weeds and grasses invade a practical measure in improving range condition. the site as range condition becomes poorer. Windbreaks and environmental plantings are suited to hanagement of vegetation on this soil should be based this soil. Low available water capacity and high calcium on taking half and leaving half of the total annual produc- content are the principal hazards in establishing trees and lion. Seeding is desirable if the range is in poor condition. shrubs. Weed control is needed to insure establishment -Sand bluestem, sand reedgrass, switchgrass, sideoats and survival of plantings. Supplemental irrigation also grama, blue grama, pubescent wheatgrass, and crested may be needed to insure survival. Trees that are best wheatgrass are suitable for seeding. The grass selected suited and have good survival are Rocky hfountain ju- should meet the seasonal requirements of livestock. It can niper, eastern redcedar, ponderosa pine, and Siberian elm. be seeded into a clean,Tirm sorghum stubble, or it can be The shrubs best adapted are skunkbush sumac and lilac. drilled into a firm prepared seedbed. Seeding early in Wildlife uses are very limited because this _soil lacks spring has proven most successful. _potential for producing necessary habitat elements. Windbreaks and environmental plantings are generally Because most of the acreage is rangeland, only rangeland suited to this soil. Soil blowing, the principal hazard in wildlife, for example, scaled quail and antelope, are typi- establishing trees and shrubs, can be controlled by cud- , cal. Extreme care is needed in managing livestock grazing tivating only in the tree row and by leaving a strip of in order to provide suitable habitat on this soil. vegetation between the rows. Supplemental irrigation -Steepness is the most limiting soil feature that must be may be needed at the time of planting and during dry considered in planning hotnesites and the construction of periods. Trees that are best suited and havegood survival reads. Other limiting features are the rapid permeability are Rocky hlountain juniper, eastern redcedar, ponderosa in the substratum and the resulting hazard of ground pine, Siberian elm, Russian-olive, and hackberry. The water contamination from sewage lagoons. Site prepare- shrubs best suited are skunkbush sumac, lilac, and Siberi- tion for environmental plantings such as lawns, shrubs, an peashnub. and trees is difficult because of the high content of gravel Wildlife is an important secondary use of this soil. and cobbles. Capability subclass Vila nonirrigated; Gravel Ring-necked pheasant, mourning dove, and many non- breaks range site. gene species can be attracted by establishing areas for nesting and escape cover. For pheasants, undisturbed nesting cover is essential and should be included in plans for habitat development, especially in areas of intensive agriculture. Rapid expansion of Greeley and the surrounding area has resulted in urbanization of much of this Otero soil. 52—Otero sandy loam, 3 to 5 percent slopes. This is a The soil has excellent potential for urban and recreational deep, well drained sail on plains at elevations of 4,71H1 to development. The only limiting feature Is the moderately 5,25(1 feet. IL formed in mixed oulwuah and eolian rapid permeability in the substratum, which causes a deposits. Included in mapping are small areas of soils that hazard of ground water contamination from sewage have loam and clay loam underlying taterial. Also in- lagoons. Lawns, shrubs, and trees grow well. Capability eluded are small areas of soils that have sandstone and subclass Ille irrigated, V le nmurriigated; Sandy Plains rI, lc ^ilbin a dcolh of fill inches. D-3 range site. 900535 53—Otero sandy loam, 5 to 9 percent slopes. This is a Rapid expansion of Greeley and the surrounding area deep, well drained soil on phlins at elevations of 4,700 to has resulted in urbanization of much of this Otero soil. 5,250 feet. It formed in mixed outwash and eolian This soil has excellent potential for urban and recrea- deposits. Included in mapping are small areas of-soils that i do al development. The primary limiting feature is the have sandstone and shale within a depth of 60 inches. moderately rapid permeability in the substratum, which 'typically the surface layer is brown sandy loam about causes a hazard of ground water contamination trout Di inches thick. The underlying material to n depth of 60 "e"ge hagm ms. There are "HiJoml cost" ha site inches is pale brown calcareous fine sandy loam. preparation because of slope. Lawns, shrubs, sand trees Permeability is rapid. Available water capacity is grow well. Capability subclass IVe Irrigated, Vle nonir- moderate. The effective rooting depth is 60 inches or ngated; Sandy Plains range site. more. Surface runoff Is medium to rapid,and the erosion hazard is low. This soil is suited to limited cropping. Intensive cropping is -hazardous because of -erosion. The cropping system should be limited to such close grown crops as al- falfa, wheat, and barley. This -soil also is suited to ir- rigated pasture. A suitable cropping system is 3 to 4 years of-alfalfa followed by 2 years of _corn sand small grain and alfalfaseeded with a nurse crop. Closely spaced contour ditches or sprinklers can be used in irrigating close grown crops. Contour furrows or sprinklers should be used for new crops. Applications of nitrogen and phosphorus help in maintaining good produc- tion• fit—Tassel fine candy loom, 6 to 'LO percent slopes. The potential native vegetation on this range site le dominated by sand bluestem, -sand reedgrass, and blue This is a shallow, well drained soil on upland breaks at grama. Needleandthread, awitchgrass, sideoats grarna, elevations of-0,850 to 5,200 feet. It formed in residuum and western wheatgrass are also _prominent. Totential from sandstone. Included in mapping are small areas of sandstone outcrop and areas of noncalcareous soils.proble ye lion ranges founds in unfavorable per acre in rang- Typically the surTace layer of this-Tassel soil is light co years to erior pounds in unC luestele year". ee range yellowish brown fine sandy learn-about-7 inches thick. The condition deteriorates, the sand bluestem, sand reedgrass, underlying material is light yellowish brown very fine and awitchgrass decrease and blue grama, sand dropseed, sandy Ioam.Sandstone is at a depth of about 11 Inches. -and-sand sage increase. Annual weedsand grasses invade Permeability is moderately rapid. Available water the site as-range condition becomespoorer' rapacity is low. The effective rooting depth is 10 to 20 Management of vegetation on this soil-should the base) inches. Surface-runoff is medium,sand the-erosion hazard on taking half and leaving half of the total annual produc is moderate. tion. Seeding is desirable if the range is in poor condition. The potential native vegetation Is dominated by Sand bluestem, sand reedgrass, awitchgrass, sideoats grama, blue grama, pubescent wheatgrass, and crested sideoats grama, little bluestem, blue grama, threadleaf sedge, sand reedgrass, and needleandthread. Potential wheatgrass are suitable for seeding. The grass aelected should meet theaeasonal requirements of livestock. It can production ranges from 1,750 pounds per acre in favora- besseeded into a clean, firm sorglaum stubble, or it can be ble years to X50 pounds in unfavorable years. As range drilled into a firm prepared seedbed. Seeding early in condition deteriorates, the sideoats grama, little bluestem, spring has proven most successful. and sand reedgrass decrease; yucca, sedge, and blue Windbreaks and environmental-plantings are generally grama increase; mad forage production drops. suited to this soil. Soil blowing, the principal hazard in Management of vegetation should be based on taking establishing trees and shrubs, can be _controlled by col- -half or less of the total-annual production. Deferred graz- tivating only in the tree row and by leaving a strip of ing is practical in improving range condition.Seeding and vegetation between the rows. Supplemental irrigation mechanical treatment are impractical. 'may be needed at the time of planting and _during dry Windbreaks and envhonmental plantings are generally periods. Trees that are best suited and have goodaurvival not suited to this soil. Onsite investigation is needed to are Rocky Mountain juniper, eastern redcedar, ponderosa determine if-plantings are feasible. pine, Siberian elm, Russian-olive, and hackberry. -the Production of vegetation -on this treeless soil is low, shrubs best suited are skunkbush sumac, lilac, and Siberi- especially during drought, when annual production can be an peashrub. as low as 300 pounds per acre. Rangeland-wildlife, such as Wildlife is an important secondary use of _this soil. -antelope and scaled quail, can be attracted by -managing Ring-necked pheasant, mourning dove, and many non-i livestock grazing, installing livestock watering facilities, game species can be attracted by establishing areas for and reseeding where needed. nesting and -escape cover. For pheasants, undisturbed This soil has poor potential for urban development. The nesting cover is essential and should be included in plans chief I' 'ling feature is the shallow depth to sandstone. for habitat development, especially in areas of intensive Capability subclass Vle irrigated, Vie nonirrigated; Sand- agriculture. stone Ilreaks range site. SIDNARTgASSOCIATE$ Consulting Engineers and Surveyors March -7, 1990 Weld County Planning Department 915 10th Street Greeley, CO 80634 Gentlemen: This is to certify that the mathematical error of closure of the Antelope Hills P.U.D. boundary is 0.002 feet. The computer tape of the boundary closure is enclosed along with a copy of the plat. If you have any questions regarding this matter, please call . Sinncce'ree'ly, lllll Richard A. Rutherford, P. E. & L. S. President ' e 1kk ; enclosures III A' UL James H. Stewart [f'� t; and Associates, Inc. 214 N. Howes Street Ci f,,ao35 PO Box 429 "�° Ft.Collins,CO 80522 303'482-9331 Hello