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Home My WebLink About992014.tiff Anger. APPLICATION FLOW SHEET COLORADO:. APPLICANT: David and Kayleen Hunt/Terry and Janice Wiedeman CASE #: S-493 REQUEST: PUD Final Plan LEGAL: Lot 13 of Recorded Exemption No. 1057-14-3-RE-2112, Situate in the S2 of Section 14, T4N, R66W of the 6th P.M., Weld County, Colorado LOCATION: West of and adjacent to State Highway 85, North of and adjacent to Highway 256 and East of and adjacent to WCR 33 PARCEL ID #: 105714300068 ACRES: 104.45 acres Date By Application Received 5/13/99 JAC Application Completed 5/13/99 JAC Referrals listed 5/17/99 JAC Utility Board Date: action &r->p, ,,_,( 6 1, o /C ri JAC File assembled Orr/ Letter to applicant mailed Vicinity map prepared Referrals mailed Chaindexed sij � l /11Field check by DPS staff fl .-yyW) Yj 9/99 >` _• Administrative Review decision J(L dcf o7 e q Date By County Commissioners Hearing Date (if applicable) Surrounding property owners notified Air photo and maps prepared S/2o /SS A . t— CC action:_ CC resolution received Recorded on maps and filed Overlay Districts Zoning Agricultural Airport Yes No_x_ Geologic Yes No_x_ Flood Hazard Yes Nox_ 992014 W:. , ER SUPPLY INFORMATION SUMI.IARY Section 30-28-133.1d), C.R.S. requires that the applicant submit to the County,'Adequate evidence that 3 water supply :hat is sufficient in terms of quantity, quality and dependability will he available to ensure an adequate sP . NAME OF DEVELOPMENT AS PROPOSED I 41 I u..rt.1r • VItED6MSO ?. J. p , 2. LAND USE ACTION L.A41,,ec, V,J1r 06,./e ? .e,Jr ( S P€4. L.orA , 1 0,40,0a-cot wr, 1 AG . ,_or 3. NAME OF EXISTING PARCEL AS REGORGED Lot OF FS tic. 1061- IH_;-R.'Litt , Boca- IL,-;- - pe- uc. zcyzt,-1'-t SUBDIVISION /A FILING N/A 3LOCK Nip LOT - $ r RE Z1LZ i I. TOTAL ACREAGE loy.HS 5. NUMBER OF LOTS PROPOSED 1 I -r5 PI-AT MAP ENCLOSED X YES S. PARCEL HISTORY - P1ease attach copies of deeds, plats or other evidence or documentation. A. Was parcel recorded with county prior to June 1, 1972? 'u YES g NO 'I 3. Has the parcel ever been part of a division of land action since June 1, 1972? Si YES E. NO — If yes, describe the Previous action klgt Cevur+ g. oz-ogD EK6wsp71pJ ?to[L% II, ! I I 7. LOCATION OF PARCEL • Include a map deiiniating the project area and tie to a section corner. I I 114 OF 1/4 SECTION Ill TOWNSHIP 4 7 N S RANGE lolo = 5 g 'N I ' PRINCIPAL MERIDIAN: 'rJ STH ❑ N.M. E. LITE 1 COSTILLA 3. PLAT • Location of ad wells on p,operty must be plotted and permit numbers provided. Surveyors plat E Yes C_ No If not, scaled hand drawn sketch '_ Yes ❑ No ?- ESTIMATED WATER RE'CUIREMENTS • Gaiiuns per Day or Ac,e Feat per Year 10. WATER SUPPLY SOURCE i X EXISTING IT DEVELOPED NEW WELLS L;yinrsC,1- Trowd¢a + WELLS SPRING Psa¢SW Aourca , cHEca ONE I HOUSEHOLD USE d of units 300- CPO • AF WELL PERMIT NUMBERS _ aLiamat =UPPER ARAPRNOE l'''-'n•-l- ^ UPP'�]aRSCN C LOWER ARAPeiot D;5}.-;(,�-P;(,4 IV,IL1l 4 1Z"l'?-1 = COMMERCIAL USE +' y L-01- Pt S.F. ;Oat GPO AF oey g1»srN : DAKOTA Eas xitu 06fYF3 _ DAKOTA I.-.4e x.49>1 E PERM IRRIGATION Fr'iV;.LI of acres GPO 30 AR 1 STOCK WATERING of 'head GPO AF g MUNICIPAL �i ASSOCIATION WATER COURT DECREE CASE NO.'S OTHER GPO AF =' COMPANY DISTRICT , I TOTAL GPO AF NAME Cart \L1EU) LETTER OF COMMITMENT FOR SERVICE e9 YES NO j. 11. ENGINEER'S WATER SUPPLY REPORT ] YES X NO IF YES, PLEASE FORWARD WITH THIS FORM. .S'os may Se anuued hatore our renew 's completed! II 12. TYPE OF SEWAGE DISPOSAL SYSTEM 2 SEPTIC TANK/LEACH FIELD E CENTRAL SYSTEM , DISTRICT NAME E LAGOON E VAULT - LOCATION SEWAGE HAULED TO I ENGINEERED SYSTEM I\necn I c toy of engineering design) E OTHER i Ax a-01 L , eL�- I - 97 1 O535 17-ut_dzi) Cite-7 DECLARATION OF COVENNANTS CONDITIONS AND RESTRICTION FOR HUNT/WIEDEMAN P.U.D. ARTICLE I —PREAMBLE Declarant is the owner of that certain real property situate in Weld County, Colorado, described on Exhibit "A" hereof (the property). The Property has been platted as Hunt-Wiedeman simultaneously with this declaration. Declarant desires to develop the Property for residential and commercial purposes. Declarant deems it desirable to subject the Property to the covenants, conditions and restrictions set forth in this Declaration in order to preserve the values of the individual lots and to enhance the quality of life for all owners of such lots. Declarant therefore declares that all of the Property is and shall be held, transferred, sold, conveyed and occupied subject to the terms, restrictions, limitations, conditions, covenants, obligations, liens, right of ways, and easements; which are set fort in the Declaration, all of which shall run with the Property and shall inure to the benefit of, and be binding upon, all parties having and right, title, or interest in the Property or and portion thereof, and such person's heirs, grantees, legal representatives, successors and assigns. Any restrictions or regulations not addressed specifically shall be in accordance with Weld County Estate Zoning, i.e., number and type of animals allowed on each lot home occupations, commercial uses etc. ARTICLE II —DEFINITIONS 2.1 General: The words and terms defined in this Article shall have the meanings herein set forth unless the context clearly indicates otherwise. 2.2 Association: Shall mean and refer to Hunt-Wiedeman P.U.D. Homeowner's Association, a Colorado Nonprofit Corporation established pursuant to Article IV of this Declaration. The members of the Association shall be Lot Owners as defined herein. 2.3 Common Areas: Shall refer to all real Property or interests therein owned by the Association and easements and rights of way for the common use and enjoyment of the Owners, together with and including, but not by way of limitation, the road Peckham Drive, utilities, and utility easements. 2.4 Developer: Shall mean Terry L. and Janice L Wiedeman and David W. and Kayleen J. Hunt, owner of the Property, their successors and assigns. 2.5 Developer responsibilities: Shall refer to the road constructed pursuant to specifications required by Weld County known as Peckham Drive. Developer shall install a internal paved road according to the specifications of Weld County. The Association shall maintain, repair, and replace the road after the Developer has installed such facility. 2 2.6 Lot: Shall mean and refer to any parcel or plot of land located within the exterior boundaries of the Property described on the Exhibit "A" and owned by the "Owner", with the exception of any "Common Area". In the event; however, that an Owner divides a lot into smaller lots by complying with and satisfying the applicable rules, regulations and ordinances of the County of Weld and State of Colorado, each such resulting smaller parcel will then constitute a "Lot"for the purpose of these covenants. 2.7 Road and Utility Easements: Shall mean and refer to the road Peckham Drive and all utility easements presently existing on the Property or subsequently constructed by the Declarant on the tracts or parcels of the property. "Roads" and "Utility Easements" shall not include private driveways or utility extensions constructed by individual Owners to provide access and utilities to dwellings or other structures located upon such Owner's lot of the Property. 2.8 Single Family Dwelling: Shall mean an independent structure designed and occupies as a residence for a single family. 2.9 Subdivision: Shall mean and refer to Hunt-Wiedeman P.U.D. 2.10 Other terms may be defines in specific provisions contained in the Declaration and shall have the meaning assigned by each such definition. ARTICLE III—USE AND OTHER RESTRICTIONS 3.1 Land Use and Building Types: (Estate): A lot may be used only for one single-family dwelling. The primary residential building must include as a part thereof, a garage, or if a garage is not included as a part of the residence, then a separate garage structure shall have identical architectural design and exterior design and appearance consistent with that of the residence accommodated thereby. 3.1.1 Size: The dwelling space of the residence, exclusive of the garage and open porches, shall contain a minimum of 1,200 square feet of finished non-basement living space. The maximum height of the residence and any accessory building is not to.exceed thirty(30)feet. 3.1.2 Pre-constructed Homes: No homes of a pre-constructed nature shall be permitted without prior written approval of the Developer. 3.1.3 Exterior Materials: The exteriors of all residences must be wood, masonry, stone, stucco, or material with a stucco-like appearance. Any vinyl or aluminum sided houses must be approved by developer or Homeowner's Association. 3.1.4 Commercial Lot (C-3): The size, type, construction style and accessory buildings shall be reviewed and approved by the Weld County Planning Department through the Site Plan Review Process. 3.2 Accessory Buildings: No more than three (3) accessory buildings in addition to the garage with a maximum square footage of 3,000 sq. ft. total, which are well constructed and neat of appearance, shall be permitted. No buildings with a Quonset type appearance are permitted. 3.3 Fencing: Fencing is to be keeping with the appearance of the surrounding rural setting, i.e., barb or barbless wire fencing, wire fencing, natural wood (unpainted), chain link, vinyl, and livestock panels are allowed. 3.4 Outdoor Storace: Shall be screened from public right of ways and adjacent properties. Tractors and machinery not being used for maintenance of the lot or other applicable use common on a small rural lot, and unlicensed vehicles of any kind will not be permitted on the lots, except in enclosed storage buildings. 3.5 Right of Way and Easements: The area known as Peckham Drive is Access, Utility, Drainage and Irrigation Easement and is to remain open space; free of buildings, fences, trees, or shrubs. The developer will seed nor-weed vegetation in the right of way; and thereafter, the Association will assume responsibility of the maintenance of said right of way. Easements and non-buildable areas for the installation and maintenance of utilities and drainage facilities are reserved as shown on the Plat. 3 Within these easements, no structure, planting or other materials shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities, which may change the direction of flow of drainage in the easements. If any landscaping or structure is installed which violates such requirements in the right of way or easements and drainage areas, the Association may give the Owner written notice to remove such landscaping or structure. If the Owner fails to remove the landscaping or structure within thirty (30) days of receipt of notice, the Association my have such work done at the expense of the Owner of the lot. If the work is done by the Association at the Owner's expense, the Owner shall pay for such work within ten (10) days after notice is given in writing to the Owner as to the cost of such work. In the event of failure to pay within that time and if the Association thereafter incurs any attorney's fees and costs in collecting such amount from the Owner, all such attorney's fees and costs incurred shall likewise by a debt owed by the Owner to the Association. The easement area of each lot and all improvements on it shall be maintained continuously by the Owner of the lot. 3.6 Maintenance of Lots: The owner of each lot shall plant and maintain non-weed vegetation and remove any trash or other debris. If an Owner fails to maintain their lot in accordance with this requirement, the Association shall have the right to plant and maintain non-weed vegetation and remove any trash or other debris solely at the lot Owner's expense. The Owner shall be liable for reasonable attorney's fees and costs incurred by the Association in collecting such charges. 3.7 Nuisances: No noxious or offensive activities shall he carried on upon any lot, nor shall anything be done thereon which may become an annoyance or nuisance to the entire neighborhood. 3.8 Recreational Vehicles: No trailer, motor home, camper unit, boat of similar recreational vehicle shall be parked on Peckham Drive. 3.9 Private Drives: During construction of private drives to individual lots from Peckham Drive, individual lot owners must permanently install a twelve (12) inch culvert in the drainage ditch directly adjacent to Peckham Drive. 3.10 Compliance: Each lot owner shall maintain compliance at all times with the requirements of the Weld County Public Works Department, Weld County Health Department, Division of Wildlife, La Salle Fire Department and the Weld County Planning Department 3.11 Oilfield Production: Oil/gas production vehicles have the right to access their production facilities within the subdivisior without interference by lot owners. 3.12 Right to Farm Covenant: Weld county is one of the most productive agricultural counties in the United States. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize there are drawbacks, including conflicts with longstanding agricultural practices and lower level of services than in town. Agricultural users of the land should not be expected to change their long-established agricultural Practices to accommodate the intrusions of urban users into a rural area. Well run agricultural activities will generate off-site impacts, including noise from tractors and equipment; dust from animal pens, fields work, harvest, and gravel roads; odor from animal confinement, silage, and manure; smoke from ditch burning; flies and mosquitoes: the use of pesticides and fertilizers in the fields, including the use of aerial spraying. Ditched and reservoirs cannot simply be moved "out of the way" of residential development without threatening the efficient delivery of irrigation to fields which is essential to farm production. Weld County covers a land area of over 4,000 square miles in size (twice the size of the state of Delaware) with more than 3,700 miles of state and county roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the county and the distances which must be traveled 4 may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Snow removal for roads within subdivisions are of :he lowest priority for the public works or may be the private responsibility of the homeowners. Services in rural areas, in many cases, will not be equivalent to municipal services. Children are exposed to different hazards in the country than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs, and livestock present real threats lo children. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. ARTICLE IV—THE ASSOCIATION 4.1 Articles of Incorporation and Bylaws: The interests of all lot owners shall be governed and administered by the Article of Incorporation and Bylaws of the Hunt-Wiedeman P.U.D. Homeowner's Association and by this Declaration. In the event of a conflict between the provisions of the Declaration and the Articles of Incorporation or the Bylaws of the Association, the terms of this Declaration shall be controlling. 4.2 Membership: Each owner of a lot, including the commercial lot, upon becoming an owner, shall be a membe- of the Association and shall remain a member for the period of his ownership. If more than ore person has an ownership interest in a lot, each person will vote that portion of a lot equal to the portion of ownership. 4.3 Examination of Books by Mortgagee: The holder of any recorded first mortgage or deed of trust on a lot in the subdivision will, upon request be entitled to: (A): Inspect the books and records of the Association, (B): Receive an annual financial statement of the Association after the end of each calendar year, (C): And written notice of all meetings to the Association and shall be permitted to designate a representative to attend all such meetings. 4.4 Powers: The Association shall be granted all of the powers necessary to enforce all of the applicable provisions of this Declaration, and to govern, manage, maintain, repair, administer, and regulate Hunt-Wiedeman P.U.D. and to perform all of the duties required of it. Not with standing the above, the Association shall not be empowered or entitled to use hazard insurance proceeds for loss to the common areas improvements for other than repair, replacement, or reconstruction of such improvement. 4.5 Association Responsibilities: The maintenance and operation of Peckham Drive and all common areas shall be the responsibility and the expense of the Association, and the costs therefor shall be a common expense of all the lot owners. The Developer shall initially install the paved road, Peckham Drive, and shall initially seed the areas disturbed by construction of said Peckham Drive; thereafter, the costs of maintaining, repairing, and replacing Peckham Drive of the right of way shall be borne by the Association. 4.6 Formula for Determining Assessments: Assessments shall be made no less frequently than annually and shall be based upon a budget adopted not less frequently than annually by the Association. The assessments shall be apportioned equally among all lots within the Subdivision. Each owner, by the acceptance of a conveyance of a lot shall be obligated to pay his share of such expenses whether or not his lot is improved. If a new annual assessment is not adopted, an assessment shall be presumed to have been adopted in the amount of the last prior assessment. 5 4.7 Bases Upon Budget: Assessments shall be based upon the budget, which shall be established by the Broad of Directors at least annually, which budget shall be based upon the cash requirements deemed to be such aggregate sum as the Board of Directors of the Association shall from time to time determine is to be paid by all of the lot owners to provide for the payment of all expenses growing out of or connected with the maintenance, repair, operation, additions, alterations and improvements of and to Peckham Drive and the common areas, which sum may include, but not be limited to, 'expenses of management; taxes and special assessments unless separately assessed; premiums for insurance; repairs and renovations; wages; water charges; legal and accounting fees; expenses and liabilities incurred by the Association or nay of its agents or employees on behalf of the lot owners under or by reason of this Declaration and the Articles of Incorporation and Bylaws of the Association; for nay deficit remaining from a previous reserve, working capital and sinking funds as well as other costs and expenses relating to Peckham Drive and the common areas, which shall be funded by the regular annual or monthly payments rather thar special assessments. 4.8 Assessments for Other Charges: The Association shall have the right to charge a lot owner for any common expense caused by the misconduct of such lot owner, in which event such expense may be assessed exclusively against such owner. The Association shall have the right to impose a lien for any such special service charge or charges due to misconduct that are not paid when due; said lien shall include court costs and reasonable attorney's fees incurred by the Association in collecting said charges. 4.9 Assessments_ The amount of the common expenses and misconduct charges assessed against each lot shall be the personal and individual debt of the owner thereof No owner may exempt himself from liability for contribution towards the common expenses by waiver of the use or enjoyment or by abandonment of his lot. An owner's loss of lot by foreclosure or by proceedings in lieu of foreclosure shall not cancel or terminate such owner's liability for assessments and charges acquired prior to the date hereof. The Association shall have the authority to take prompt action to collect any unpaid assessment which remains unpaid for more than sixty (60) days from the due date for payment thereof. In the event of default in the payment of an assessment, the lot owners shall be obligated to pay interest at the rate of eighteen percent(18%)per annum on the amount of the assessment from due date thereof, together with all expenses, includirg attorney's fees, incurred together with such late charges as are provided by the Bylaws or rules of the Association. Suit to recover a money judgement for unpaid assessments shall be maintainable without foreclosing the lien described below and such suit shall not be, or construed to be, a waiver of lien. 4.10 Creation of Lien and Foreclosure: All assessments together with any special assessment or other fee, cost or charges which and Owner is obligated to pay, shall be a debt of such Owner to the Association on the da:e when each installment thereof becomes due. In the event of the default of any owner in the payment of any installment, such amount, and any subsequently acquiring unpaid assessments, together with interest thereon and together with all costs which may be incurred by the Association in the collection of such amount, together with reasonable attorney's fees shall constitute the basis of a lien on such lot superior to all other liens and encumbrances, except only for tax and special assessment liens on the lot in favor of any governmental assessing entity, and all sums unpaid on a mortgage or deed of trust of record, including all unpaid obligatory sums as may be provided by assessment setting forth the amount of such unpaid indebtedness, the amount of the acquired interest lien shall be signed by one of the officers of the Association on behalf of the Association and may, but is not required to, be recorded in the office of the County Clerk and Recorder of Weld County, Colorado. Such lien shall attach and be effective from the due date of the assessment until all sums. with interest and other charges thereon, shall have been paid in full. Such lien may be enforced by the foreclosure of the defaulting owner's lot by the Association in like manner as a mortgage on real property upon the recording of the above notice of lien. In any such proceedings, the owner shall be required to pay the costs, expenses, and attorney's fees incurred for filling the lien, and in the event of foreclosure proceedings, all additional costs, all expenses and reasonable attorney's fees incurred. The owner of the lot being foreclosed shall be required to pay the Association any assessment or special service charge whose payment becomes due for the lot during the period of foreclosure, and the Association shall be entitled to receiver during foreclosure, and the Association on behalf of the member owners, shall have 6 the power to bid on the lot at foreclosure or other legal sale and to acquire and hold, lease, mortgage, vote the votes appurtenant to, convey or otherwise deal with the same upon acquiring title to such lot. 4.11 Liability Upon Transfer Any owner who sells a lot in good faith and for value shall be relieved of the obligation for payment of assessments arising thereafter attributable to the lot, as of the date of the recordation of the dead transferring such lot to the subsequent purchaser. The Owner transferring, and the purchaser of the 'transferred lot, shall be jointly liable for payment of all assessments and any related interest, costs and altomey's fees attributable to the lot acquired through the date of such recordation, and the lien for recovery of the same shall remain in force against such lot. 4.12 Mortgage Foreclosure: Not with standing any of the terms of provisions of this declaration, in the event of any default on the part of an owner under any mortgage or deed of trust which entitles the holder thereof to foreclose the same, any sale under such foreclosure, including the delivery of a deed in the lieu to such mortgagee, shall be made free and clear of all then due and owing assessments. No mortgagee shall be liable for any unpaid assessments accruing prior to the time such mortgagee receives a deed to a lot. 4.13 Board and Officers of Association: Until all lots have been sold by Declarant or December 31, 2000, whichever occurs first, the Declarant may appoint and remove the officers and members of the Board of the Association. ARTICLE V—GENERAL PROVISIONS 5.1 Durations: Subject to the provisions of Section 5.3 of this Article, this Declaration shall remain in full force and effect, shall run with the land and shall be binding on all persons having any interest in any lot in the Subdivisions for a period of twenty (20) years from the date this Declaration is recorded and thereafter shall be automatically extended for successive periods of ten (10) years unless an instrument signed by the majority of the then owners of lots in the Subdivision has been recorded agreeing to change or terminate the Declaration in whole or part. 5.2 Amendments: This Declaration, or any portion thereof, may be amended or revoked at any time by an instrument in writing signed by the owners of at least sixty-six percent (66%) of the lots in the Subdivision and one hundred percent (100%) of the holders of recorded mortgages or deeds of trust. Any amendment shall be effective only upon the recordation of the written amendment or ratification thereof containing the necessary signatures of lot owners and encumbrance holders. No amendment to this Declaration may be made which conflicts with any of the laws of the state of Colorado, or ordinances of Weld County. No amendment shall effect any rights of Declarants unless approved in advance by and consented to by Delcarants in writing. 5.3 Severability: Any provision of this Declaration invalidated in any manner whatsoever shall not be deemed to impair or affect in any manner the validity, enforcement or effect of the remainder of this Declaration and, in such event, all of the other provisions of this Declaration shall continue in full force and effect as if such invalid provision had never been included herein. 5.4 Disclaimer: No claim or cause of action shall accrue in favor of any person in the event of the invalidity of any covenant or provision of this Declaration or Declarants to enforce any covenant or provision hereof. This Section 5.4 may be pleaded as a full bar to the maintenance of any such action or arbitration brought in violation of the provisions of this Article. 5.5 Waiver: No provision contained in this Declaration shall be deemed to have abrogated or waived by reason of any failure to enforce the same, regardless of the number of violations or breaches which may occur. 5.6 Captions: The captions herein are inserted only as a matter of convenience and for reference and in no way define, limit or describe the scope of this Declaration nor the intent of any provision hereof. 5.7 Construction: The use of the masculine gender in this Declaration shall be deemed to include the feminine and neuter genders, and the use of the singular shall be deemed to refer to the plural, and vise versa, when the context so requires. 5.8 Notices: Notices required or permitted by this Declaration shall be made in writing. Notice to a member of the Association shall be sufficient if sent by United States Mail, sufficient postage prepaid, to the latest address given by such member to the Secretary of the Association. In such event, notice shall be deemed effective three (3) days after such deposit into the United States mail. Notices may also be given by certified or registered mail, or by hand delivery. If hand delivered, notice shall be effective on the date that delivery is accomplished. If sent by registered or certified mail, notice shall be deemed effective three(3) days after deposit into the United States mail, sufficient postage prepaid. IN WITNESS WHEREOF, the undersigned being Owner(s) or Mortgagee(s) of lots in Hunt-Wiedeman P.U.D. exe ute this Declaration/,v the date and ear indicated below. a_piBY: David W. Hunt nt�� ayleen Lunt BY. . .ii-h///�� It/th!" lr412 ry L. Wieldemal Janice L. Wiedeman DATE: / " .,1J �� 5 State of Colorado County of Weld The foregoing Declaration of Covenants, Conditions an Restrictions for Hunt-Wiedeman P.U.D. Acknowledged before me this 4,1014 day of , 1999, by David W. Hunt, Kayleen J. Hunt, and Terry L. Wiedeman, Janice L. iedema Witness my hand and office al. My comma ox fires: /f11 , o2 g'i cA Y / Z3 e' N arypilANIF 1 * 'y. 4$6tarli P.U.D Final Plan WI`Dc Administrative Review COLORADO CASE NUMBER: S-493 PLANNER: Julie A. Chester APPLICANT: David and Kayleen Hunt/Terry and Janice Wiedeman ADDRESS: Hunt: 14460 WCR 40, Platteville, CO 80651 Wiedeman: 13434 WCR 42,Platteville, CO 80651 REQUEST: Final Plat for a PUD for 5 Estate Zoned lots, 1 Commercial lot for Dan's Garage and one 78.2 Agricultural Outlot LEGAL DESCRIPTION: Lot B of Recorded Exemption No. 1057-14-3-RE-2112, Situate in the S2 of Section 14, T4N, F266W of the 6th P.M., Weld County, Colorado LOCATION: West of and adjacent to State Highway 85, North of and adjacent to Highway 256 and East of and adjacent to WCR 33 ACRES: 104.45 PARCEL# 105714300068 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 7.4 of the PUD Ordinance. 2. The request is in conformance with Section 7.4.3. of the PUD Ordinance., as follows: a. Section 7.4.3.1--That the proposal is consistent with the COMPREHENSIVE PLAN, Zoning and Subdivision Ordinances, MUD Ordinance, if applicable, and any IGA in effect influencing the PUD. 1) A.Goal 1 states "Preserve prime farmland for agricultural purposes which foster the economic health and continuance of agriculture." This proposal is keeping the most productive part of the farm intact by setting aside a 78.2 Agricultural outlot. This outlot will continue to be used as farmground and the residential lots will be large enough to allow for small agricultural activities. The Estate zoning of the residential lots will still allow for one animal unit per acre, so that animals may also be kept on these properties. c f>( Service,Teamwork, Integrity,Quality 2) A.Goal 2 states, "Allow commercial and industrial uses which are directly related to or dependent upon agriculture to locate within Agricultural zoning when the impact to surrounding properties is minimal, and where adequate services and infrastructure is available." The lot to be zoned commercial is proposed for the new location of Dan's Garage. Dan's Garage is currently utilized by the farming community for the repair and service of farm implements and personal vehicles. The current location of Dan's Garage is directly to the south of this proposal on the northeast corner of U.S. Highway 85 and Highway 256. 3) A.Policy 3 states, "the conversion of agricultural land to residential, commercial, and industrial development will be discouraged when the subject site is located outside of a municipality's comprehensive plan area, urban growth boundary area or 1-25 Mixed Use Development area and urban development nodes." This proposal is located within an urban node, adjacent to U.S. Highway 85 and State Highway 256, adjacent to the unincorporated town of Peckham. b. Section 7.4.3.2--That the USES which would be allowed in the proposed PUD will conform with the Performance Standards of the PUD Zone District contained in Section 2 of this Ordinance. All of the Performance Standards have been addressed prior to Administrative Review of the Final Plan. c. Section 7.4.3.3--That the USES which would be permitted will be compatible with the existing or future development of the surrounding area as permitted by the existing zoning, and with the future development as projected by the COMPREHENSIVE PLAN or MASTER PLANS of affected municipalities. The uses which would be allowed on the subject property by granting the final plat will be compatible with the surrounding land uses. The proposal is for five residential lots, adjacent to the unincorporated town of Peckham and several other residences. Dan's Garage, which is proposed for the commercial lot, is currently located on the south side of Highway 256 and would have minimal impact on surrounding land uses. The Agricultural outlot is compatible with other agricultural uses in the area. There currently is a migrant housing facility directly east of and adjacent to U.S. Highway 85 and other agricultural uses. d. Section 7.4.3.4--That adequate water and sewer service will be made available to the site to serve the USES permitted within the proposed PUD in compliance with the Performance Standards in Section 2 of this Ordinance. Adequate water and sewer service can be made available to the site to serve the uses permitted within the proposed zone district. Domestic water and water for fire protection shall be proviced by Central Weld County Water District. Each lot for the proposed minor subdivision shall have an Individual Sewage Disposal System (ISDS) installed per the Weld County Health Department requirements and specifications. • Service,Teamwork, Integrity,Quality Hunt/Wiedeman, S-493, Page 2 e. Section 7.4.3.5-- That STREET or highway facilities providing access to the property are adequate in functional classification, width, and structural capacity to meet the traffic requirements of the USES of the proposed PUD Zone District. The Weld County Public Works Department reviewed this request and indicated that the applicant shall place, on the plat, a typical cross section reflecting right-of-way width and depth of asphalt or full depth asphalt, base, and shoulder. WCR 33 is designated on the Weld County Transportation Plan Map as a local gravel road and is maintained by Weld County. State Highway 256 and U.S. Highway 85 border the proposed PUD on the south and east sides. Sections 2.17 and 2.18 of the Weld Courty PUD Ordinance, 197 requires the applicant to pave the internal road system. The main access is proposed from WCR 33. The Colorado Department of Transportation indicated in a referral response that right-of-way for U.S. Highway 85 is a total of 150' (or 75' from the center line of the highway) and this should be reserved or dedicated and delineated on the plat. Both On-site and Off-site Improvements Agreements have been completed and accepted by the Public Works Department and Weld County Attorney's office, which covers collateral for Private Roac Maintenance, Public Road Maintenance and Landscaping. The Improvements Agreement's will be scheduled before the Board of County Commissioner's for final approval. f. Section 7.4.3.7--That there has been compliance with the applicable requirements contained in the Zoning Ordinance regarding overlay districts, commercial mineral deposits, and soil conditions on the subject site. The site does not lie within any overlay district identified by the maps officially adopted by Weld County. The proposal is located within an urban development node. The proposed rezoning does not contain the use of any area known to contain a commercial mineral deposit in a manner which would interfere with the present or future extraction of such deposit by an extraction to any greater extent than under the present zoning of the property. The onsite soils are derived from ancient alluvial sediments of the South Platte River. This material generally provides very good building material, as indicated in the Geological Survey. There are some areas of the property that do have some sandy portions which may exhibit low strength and may be subject to erosion. Clayey fractions of the soil may have expansive properties and the Colorado Geological Survey recommends that soil samples be taken on the building envelopes to determine geotechnical properties of the soils. The Weld County Building Inspection Department requires engineered foundations for the residential structures designed by an engineer or architect licensed by the State of Colorado. A Geotechnical engineering report with engineered blueprints are required for the foundation and structure of both the residential and commercial structure. g. Section 7.4.3.8--/f compatibility exists between the proposed USES and criteria listed in the Development Guide, and the Final Plan exactly conforms to the Development Guide. The proposed PUD Final Plan USES are compatible with the criteria listed in the Developmental Guide. The PUD Final Plan exactly conforms to the Developmental Guide. Service,Teamwork, Integrity, Quality Hunt/Wiedeman, S-493, Page 3 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 agencies. The Department of Planning Services' Staff recommendation for approval is conditional upon the following: 1. Prior to Recording the PUD Final Plat: a. The plat shall include the following: 1) The current Right to Farm Covenant from the Weld County Comprehensive Plan. (Dept. of Planning Services) 2) The final plat shall delineate 75-feet reserved right-of-way from the centerline of U.S. Highway 85. (CDOT) 3) The name of the street, which shall not conflict with any other street within the particular U.S. Postal area. (Dept. of Planning Services) 4) A typical cross section of the internal road reflecting right-of-way width and depth of asphalt, base, and shoulder. (Public Works) b. The applicant shall obtain approval of the Restrictive Covenants for the Hunt/Wiedeman PUD Final Plan from the Weld County Attorney's Office and be ready for recording in the Office of the Clerk and Recorder. c. The applicant shall demonstrate recording information of all easements which are shown on the plat. (Planning) d. Evidence that the Colorado Division of Water Resources has approved the Water Supply Information Summary which shall be submitted to the Department of Planning Services. (Planning). 2. The Final Plat is conditional upon the following and that each be placed on the Final Plat as notes prior to recording: a. The Final Plat allows for five (5) Estate zoned lots and one (1) Commercial lot, two (2) Common open space lots and one (1) Agricultural outlot. The Change of Zone allows for Estate uses (5 lots) which shall comply with the Estate Zone District requirements as set forth in Section 36 of the Weld County Zoning Ordinance, Commercial uses (1 lot) which shall comply with the Commercial Zone District requirements set forth in Section 33, and Agricultural uses (1 lot)which shall comply with l:he Agricultural Zone District requirements set for in Section 31. The Agricultural lot is a non-buildable lot. The common open space shall be owned and maintained in accordance with Section 6.3.5 of the Planned Unit Development Ordinance (Ordinance 197). (Dept. of Planning Services) Service,Teamwork, Integrity,Quality Hunt/Wiedeman, S-493, Page 4 b. Water service shall be provided by the Central Weld County Water District. (Health Dept.) c. The site shall maintain compliance at all times with the requirements of the Weld County Public Works Department, Weld County Health Department, and The Weld County Department of Planning Services. (Planning) d. Instal ation of utilities shall comply with Section 12 of the Weld County Subdivision Ordinance. (Planning) e. Outdoor storage shall be screened from public rights of ways, and adjacent properties. (Planning) f. The commercial lot is to be utilized by Dan's Garage or a similar approved use. If any ether commercial use is proposed on this lot, a public sewer system may be required. (Planning) g. In the event a community sewer system collection line is constructed within 400' of the PUD, the commercial lot shall abandon their septic system and obtain service from ':hat community sewer system. (Health Dept., Planning) h. An individual sewage disposal system, is required for each proposed home and the proposed commercial structure. Each system shall be installed according to the Weld County Individual Sewage Disposal Regulations. (Health Dept.) Silt fences shall be maintained on the downgradient portion of the site during all phases of construction on all lots in the development. (Health Dept.) j. The cpen space maintenance shall include removal of manure in a manner that will prevent nuisance conditions and will not allow runoff. The manure piles shall not be allowed to exist or deteriorate to a condition that facilitates excessive odors, flies, insect pests or pollutant runoff. (Health Dept.) k. No permanent disposal of wastes shall be permitted at this site. (Health Dept.) The maximum permissible noise level shall not exceed the residential limit of 55 db(A) as measured according to 25-12-102, Colorado Revised Statutes. (Health Dept.) m. The site shall be developed in accordance with the recommendations contained in the Geologic and Mineral Evaluation prepared by Foundation and Soils Engineering. (Dept. of Planning Services) n. Any signage located on the property shall require building permits and adhere to Section 42.2 of the Weld County Zoning Ordinance and Section 2.8 of the Mixed Used Development Plan's Design Standards. (Dept. of Planning Services) Service,Teamwork, Integrity,Quality Hunt/Wiedeman, S-493, Page 5 o. The internal road system shall be paved as required by Sections 2.17 and 2.18 of the PUD Ordinance 197. A minimum of 50-foot paved edge to edge cul-de-sac will be required. (Public Works) p. The Right To Farm Covenant as stated in the Weld County Comprehensive Plan shall be recognized at all times. (Dept. of Planning Services) q. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County Zoning Ordinance. r. The applicant shall comply with Sections 8.7, 8.8, 8.9 and 8.10 of the PUD Ordinance. 3. The Final Plat shall be submitted to the Department of Planning Services for recording within 30 days of approval by the Department of Planning Staff. (Planning) fi "1-ThA,Lb ,,(//2 (-A_ Julie A. Chester Lead Planner Service,Teamwork, Integrity, Quality Hunt/Wiedeman, S-493, Page 6 ' lathy Modern Banking With Old-Fashioned 8errice IRREVOCABLE LETTER OF CREDIT NO. 4 July 16, 1999 Board of County Commissioners ATTN.: Clerk to the Board P. O. Box 758 Greeley, CO 80632 Re: Terry Wiedeman - Dave Hunt P.U.D. at WCR 33 and Hwy. 256 Dear Commissioners: We hereby open our Irrevocable Letter of Credit in your favor for the account of Terry L. Wiedeman, 13434 WCR 42, Platteville, CO 80651, for a sum not to exceed the aggregate of $56,000. (Fifty-six Thousand One Hundred and No/100). Each draft so drawn must be marked "Drawn under WELD COUNTY BANK, 3635 23rd Ave., Evans, CO 80620, Letter of Credit No. 4 and be accompanied by a "signed statement from the Board of County Commissioners of Weld County, Colorado stating the applicant has committed a material breach of the Improvements Agreement according to Policy Regarding collateral for Improvements regarding Hunt-Wiedeman PUD dated /t day of July, 1999 by and between Dave Hunt, Terry Wiedeman and the Board of County Commissioners of the County of Weld." This credit is subject so far as applicable, to "The Uniform Customs and Practice for Documentary Credit, 1983 Revision, The International Chamber of Commerce Publication No. 400." We hereby agree with you that all drafts drawn under and in compliance with the terms of this Letter of Credit will be duly honored and presented for payment to our main office, WELD COUNTY BANK, 3635 23rd Ave., Evans, CO 80620.1 This letter of credit will expire on July 20, 2000 at 5:00 P.M. This letter of credit is automatically extended without amendment, for additional one year periods from the current expiration or any future expiration date unless 60 days prior to such current expiration date WELD COUNTY BANK notifies beneficiary in writing that the letter of credit will not be renewed. In the case you receive such a notification, you may draw by presentation of the following: (a) a draft at sight on WELD COUNTY BANK; (b) a statement purportedly signed by an. official of the Board of County Commissioners of Weld County, Colorado stating 3635 23rd jre ue° SAG. Box 60° Evans, Calor° ° 80620' 970° 606°7000 Sax 970.50601937 that we have received notice from WELD COUNTY BANK the Letter of Credit No. 4 will not be renewed and that Terry L. Wiedeman has failed to provide proof of adequate collateral and substitution of this Letter of Credit No. 4; (c) copy of letter from WELD COUNTY BANK stating non-renwal of Letter of Credit No. 4 and the original letter of credit. Yours truly, Robert L. eusch Sr. Vice President IMPROVEMENTS AGREEMENT ?ACCORDING POLiCY REGARDING COLLATERAL FOR IMPROVEMENTS WEW COu4iT`1 toAu plot ;3 T rJS AGREEMENT, made and entered into this day of . by and between the County of Weld. State of Colorado, acting through its Board of County Commissioners, hereinafter called "County", and bo-u cl µ -} 4 Ci Tar,y 41 iu/c h_reinafter called "Applicant". WiTNESSE 1 : W E.REAS. Applicant is the owner of or has a controlling interest in the following described property in :helCounry cf oWeld, Colorado: W&lcl zap nl., i fJ No. Z.Zi b- �,.,+,.-` w'i c.u'o(ro CI, �1ciY'r�c (H�54�..w�, /Alo1• zap (�.r�I Y�'nl r,�..y o ?fo i} 1w-��LI.' moo TeG4- Mr4-L O4 • ls+bi,G-cln �"o--r< MSG I.VI�y WHEREAS, a final subdivision/PUD plat of said property, to be known as NJhl7 - P. o. D . has been submitted to the County for approval; and WT-EREAS. _ of the Weld County Subdivision Ordinance provides that no final pia: shall be approved by the County until the Applicant has submitted a Subdivision Improvement Azcement guaranteeing the construction of the public improvements shown on plans, plats and supporting documents of the subdivision, whica improvements, along with a time schedule for campietion. are listed in Exhibits "A" and "B" of this Am-eement. NOW. EFREFORE, CONSIDERS.T ION OF the foregoing and of the acceptance and approval of said final p,at, the parties hereto promise, covenant and agree as follows: 1.0 Engineering Services: Applicant shall furnish. at its own expense, ail engineering services in connection with the design and consa-uction of the subdivision improvements listed on Exhibit "A" which is attached hereto and made a part of this reference. 1.1 The required engineering services shall be performed by a Professional Engineer and Land Surveyor registered in the State of Colorado, and shall conform to the standards and criteria established by the County for public improvements. 1. The required engineering services shall consist of, but not be limited to, surveys, designs, plans and profiles, estimates, construction supervision, anc the submission of necessary documents to we Counrv. 1 Revised lY°: 1.3 Applicant shall furnish drawings and cost estimates for roads within the subdivision to the County for aoprovai prior to the letting of any construction contract. Applicant shall furnish one set of reproducible "as-built" drawings and a final statement of construction cost to the Counrv. _.0 Right-of-Way and Easements: Before commencing the construction of any improvements herein arced upon, Applicant shall acquire, at its own expense, good and sufficient rights- of-way and easements on all lands and facilities traversed by the proposed improvement. 3.0 Construction; Applicant shall furnish and install, at its own expense, the subdivision improvements listed on Exhibit "A: which is attached hereto and made a par, hereof by this reference, according to the construction schedule set out in Exhibit "B" also attached hereto and made a par hereof by this reference. Said construction shall be in sndct conformance to the plans and drawings approved by the County and the specifications adopted by the County for such public improvements. Whenever a subdivision is proposed within three miles of an incorporated community located in Weld County or located in any adjacent county, the Applicant shall be required to install improvements in accordance with the requirements and standards that would exist if the plat were developed within the corporate limits of that community. If the incorporated community has not adopted such requirements and standards at the time the subdivision is proposed. the requirements and standards of the County shall be adhered to. If both the incorporated community an the County have requirements and standards, those requirements and standards that are more restrictive shall apply. Applicant shall employ, at its own expense, a qualified testing company previously approved by the County to perform all testing of materials or construction that :s required by the County; and shall furnish copies of test results to the County. 3.3 At all times during said construction, the County shall have the right to test and inspect or to recuire testing and inspection of material and work a: Applicant's expense. Any material or work nor conforming to the approved plans and specifications shall be removed and replaced to the satisfaction of the County at Applicant's expense. 3.4 The Applicant shall furnish proof that proper arrangements have been made for the installation of sanitary sewer or septic systems, water, gas, electric and. telephone services. 3.5 Said subdivision improvements shall be completed, according to the terms of this Agreement within the construction schedule appearing in Exhibit "B". The Board of County Commissioners, at its option. may rant an extension of the time of completion shown on Exhibit "B" upon apoiication by the .Applicant suoiect to the terms of Section 6 herein. Sev,seC. I?'9_ 0 Release ofLiability: Applicant shall indemnify and hold harmless the County from any and all lability loss and damage county may suffer as a result of all suits, actions or claims of every nature and description caused by, arising from, or on account of said design and construction of improvements, and pay any and all judgments rendered against the County on account of any such suit, action or claim, together with ail reasonable expenses and artorne:y fees incurred by County in defending such suit, action or claim whether the liability, loss or damage is caused by, or arises out of the negligence of county or its officers, agents, employees, or otherwise except for the liability, loss, or damage arising from the intentional torts or the gross negligence of the county or its employees while acting within the scope of their employment. All contractors and other employees engaged n construction of the improvemens shall maintain adequate workman's compensation insurance and public liability insurance coverage, and shall operate in strict accornance with the law:; and regulations of the State of Colorado governing occupational safer,/ and health. (THERE IS NO SECTION 5) 6.0 Approval of Streets by the County: Upon compliance with the following procedures by the .Applicant, streets within a subdivision may be approved by the County as public roads and will be maintained and repaired by a homeowners association or. in its absence. the owners of lots within the subdivision. 6.1 If desired by the County, portions of sa-eet improvements may be placed in service when completed according to the schedule shown on Exhibit "B", but such use and operation shall hot constitute an approval of said portions. 6.= County may, at its option, issue building permits for construction on lots for which street improvements detailed herein have been started but not completed as shown or. Exhibit "B", anti may continue to issue building permits so long as the progress of work on the subdivision improvements in that phase of the development is satisfactory to the County; and all terms of this Agreement have been faithfully kept by Applicant. 6.3 Upon completion of the construction of streets within a subdivision and the filing of a Statement of Substantial Compliance. the applicant(s) may request in writing that the County Engineer inspect its streets and recommend that the Board of County Commissioners pariah,/ approve them. Not sooner than nine months after partiai approval, the County Engineer shall, upon request by the applicant, inspect the subject streets, and notify toe applicant(s) of any deficiencies. Tne County Engineer shall reinspect the streets after notification from the applicant(s) that any deficiencies have been corrected. If the County Engineer finds that the streets are constructed according to Counry standards, he shall recommend full approval. Upon a receipt of a positive unqualified recommendation from the County Engineer for approval of streets within the development the Board of County Commissioners shall fully approve said streets as public but with pr.vate pay. 7.0 General Rebuirements for Collateral: ".l The value of all collateral submiaed to Weld Coun v must be ecuivale.nt to 100% of the value of the improvements as shown in this Agreement. Prior to Final Plat :• vises 119 approval, the applicant shall indicated which of the five types of collateral orderer:: to be utilized to secure the improvements subject to final approval by the Board of County Commissioners and the execution of this Agreement Acceptable collateral shall be submitted and the plat recorded within six (6) months of the Final Plat approval. If acceptable collateral has not been submitted within six(6) months then the Final Plat approval and all preliminary approvals shall automatically expire. An applicant may request that the County extend the Final Plat approval provided the cost estimates are updated and the development plans are revised to comply with all current County standards, policies and regulations. Tile improvements shall be completed within one (1) year after the Final Plat approval (not one year after acceptable collateral is submitted) unless the applicant(s) requests that this .Agreement be renewed at least thirty (30) days prior to its expiration and farther provides that cos estimates for the remaining improvements are updated and collateral is provided in the amount of 100% of the value of the improvements remaining to be completed. If improvements are not completed and the areement not renewed within these time frames. the County, at its discretion. may make demand on ail or a portion of the collateral and take steps to see that the improvements are made. The applicant may choose to provide for a phased development by means of designating filings of a Planned Unit Development Plan or Final Plat Subdivision. Tne applicant would need only to provide collateral for the improvements in each filing as approved. The County will place restrictions on those portions of the property that are not covered by collateral which will prohibit the conveyance of the property or the issuance of building permits until collateral is provided or until improvements are in place and approved pursuant to the requirements for a Request for Release of Collateral. 7.3 The applicant intends to develop in accordance with Exhibits "A" and "B". 3.0 Improvements Guarantee: The five types of collateral listed below are acceptable to Weld County subject to final approval by the Board of County Commissioners. 3.1 An irrevocable Letter of Credit from a Federal or State licensed financial institution on a form approved by Weld County. The letter of credit shall state at least the following: 3.1.1 The Letter of Credit shall be in an amount equivalent of 100% of the total value of the improvements as set forth in Section 6.0 and exhibits "A" and "B". 8.1.2 The Letter of Credit shall provide for payment upon demand to Weld County if the developer has not performed the obligations specified in the improvements Agreement and the issuer has been notified of such default. 3.1.3 The applicant may draw from the Letter of Credit in accordance with the provisions of this policy. 4 R.+- sec t-'9:. 3.1.4 The issuer of the Letter of Credit shall guarantee that at ail times the unreleased portion of the Letter.of Credit shall be equal to a minimum of 100% of the estimated costs of completing the uncompleted portions of the required improvements, based on inspections of the development by the issuer. In ne case shall disbursement for a general improvement item exceed the cost estimate in the Improvements Agreement ('..e . streets, sewers, water mains and landscaping, etc.). The issuer of the Letter of Credit will sign the Improvements Agreement acknowledging the agreement and its cost estimates. 3.1.5 The Letter of Credit shah specify that 15% of the total Letter of Credit amount cannot be drawn upon and will remain available to Weld County until released 'ny Weld County. 3.1.6 The Letter of Credit shall specify that the date of proposed expiration of the Letter of Credit shall be either the date of release by Weld county of the final 1:%, or one year from the date of Final Plat approval. whichever occurs _`irst. Said letter shall stipulate that, in any event, the Letter of Credit shall remain in full force and effect until after the Board has received sixty (60) days written notice from the issuer of the Letter of Credit of the pending expiration. Said notice shall be sent by certified mai] to the Cleric to the Board of County Commissioners. 3._ Tntst Deed upon all or some of the proposed development or other property acceptable to he Board of County Commissioners provided that the following are submitted. 3.2.11 in the event property within the proposed development is used as collateral, an appraisal is required of the property in the proposed development by a disinterested M.A.i. member of the American Institute of Real Estate Appraisers indicating that the value of the property encumbered in its current degree of development 1s sufficient to cover 100% of the cost of the improvements as set forth in the improvements Agreement plus all costs of sale of the property 3.2.2 In the event property other than the property to be developed has beer, accepted as collateral by Weld County, then an appraisal is required of me property by a M.A.i. member of the Institute of Real Estate Appraisers indicating that the value of the property encumbered in its current sate of development is sufficient to cover 100% of the cost of the improvements as set forth in the Improvements Agreement plus all costs of sale of the property. • 3.2.3 A title insurance policy insuring that the Trust Deed creates a valid encumbrance which is senior to all other liens and encumbrances. 8.14 A building permit hold shall be placed on the encumbered property. 3.3 Escrow Agreement that provides at least the following: Rtvised I:9' 3.3.1 The cash in escrow is at least equal to 100% of the amount specified in the improvements Agreement. 8.3.2 The escrow agent guarantees that the escrowed funds will be used for improvements as specified in the agreement and for no other purpose and will not release any portion of such funds without prior approval of the Board. 8.3.3 Tne escrow agent will be a Federal or State licensed bank or financial institution. 3. .4 if the County of Weld County determines there is a default of the Improvements Agreement the escrow agent, upon request by the County. shall release any remaining escrowed funds to the County. 8.4 A ry bond given by a corporate surety authorized to do business in :he State of Colorado in an amount equivalent to 100% of the value of the improvements as specified in the Improvements Agreement. 8.5 A csh deposit made with the County equivalent to 100% of the value of the improvements. 9.0 Request for Release of Collateral: Prior to release of collateral for the entire proiect or for a portion of the project. by Weld County, the Applicant must present a Statement of Substantial Compliance from an Engineer registered in Colorado that the project: or a portion of the proiect has been completed in substantial compliance with approved plans and specifications documenting the following: 9.1 The Engineer or his representative has made regular on-site inspections during the course of consruction and the construction plans utilized are the same as those approved by Weld County. 9.2 Test results must be submitted for all phases of this proiect as per Colorado Department of Transportation Schedule for minimum materials sampling, testing and inspections found in CDC?' Materials Manual. 9.3 "As built" plans shall be submitted at :he time the letter requesting release of collateral is submited. The Engineer shall certify' that :he project "as built" is in substantial compliance with the plans and specifications as approved or that any material deviations have received prior approval from the County Engineer. 9A The Statements of Substantial Compliance must be accompanied, if appropriate, by a letter of acceptance of maintenance and responsibility by the appropriate utility company, special district or town for any utilities. 9.5 A letter must be submitted from the appropriate Fire Authority indicating the fire hydrants are in place in accordance with the approved plans. The letter shall indicate if the fire hydrants are operational and state the results of Fire flow tests. 9.6 The requirements in 9.0 thru 9.5 shall be noted on the final construction plans. 6 Rcv,sed I_9- 9.7 Following the submittal of the Statement of Substantial Compliance and recommendation of approval of :he streets by the County, the abpiicant(s) may request release of the collateral for the project or portion of the project bv the Board. This action will be taken at a regularly scheduled public meeting of the Board. 9.3 The request for release of collateral shall be accompanied by "Warranty Collateral" in the amount of 15% of the value of the improvements as shown in this Agreement excluding improvements fully accepted for maintenance by the responsible governmental entity, special distract or utility company. 9.9 The waranty collateral shall be released to the applicant upon final approval by the Board of County Commissioners. 10.0 Public Sites and Open Spaces: When the Board of County Commissioners, pursuant to a rezoning, subdivision or planned unit development, requires the dedication. development andior reservation of areas or sites other than subdivision streets and utility easements of a character, extent and location suitable for public use for parks, greenoeits or schools, said actions shall be secured in accordance with one of the following alternatives, or as specified in the PliD plan, if any 10.1 The required acreage as may be determined according to the Weld County Subdivision Regulations shall be dedicated to the County or the appropriate school district for one of the above purposes. Any area so dedicated shall be maintained by the County or school district. 10.2 The required acreage as determined according to the Weld Count Subdivision Regulations, may be reserved through deed restrictions as open area, the maintenance of which shall be a specific obligation in the deed of each lot within the subdivision. 10.3 in lieu of land,the County may require a payment to the County in an amount equal to the market value at the time of final plat submission of the required acreage as determined according to the Subdivision Ordinance. Such value shall be determined by a competent land appraiser chosen jointly by the Board and the Applicant. The cash collected shall be deposited in an escrow account to be expended for parks at a later date. 11.0 Successors and Assigns: This Areement shall be binding upon the heirs, executors, personal representatives, successors and assigns of the Applicant, and upon recording by the Count-, shall be deemed a covenant running with the land herein described, and shall be binding upon the successors in ownership of said land. 1N WITNESS WPI.RE 3F, the parries heretc have caused this Agreement to be executed on the day and year first above written. 2evises '.'_"9> BOARD OF COUNTY COMtiUSSIOivERS WELD COUNTY, COLORADO ATTEST: Weld Counry Clerk to the Board — BY: — Depury Clerk to the Board APPROVED AS TO FORM: County Artorney APPLICANT BY: (title) Subscribed and sworn to before me this day of 1 o My Commission expires: Notary Public • 11 FOR.MV.J BP1 ATI-DB EXHIBIT "A" Name of Subdivision: - J tSDG-t-Al J ?. u. D . Filing: NL Location: S;Jr„g_i-c. •i»Ρ itc S li o 4Gr.�,or t� 1.t, oe.lej �o,.wl GD intending to be legally bound, the undersigned Appiicant hereby aPrees to provide throughout this subdivision and as shown on the subdivision final plat County dated , 19 recorded on 19 , in Book _ . Pane No. . Reception No. the following improvements. (Leave spaces blank where: they do not apply) Estimated ?Improvements Unit Cost Cons truction Cost Street grading D.nc � l L5111) po Street base 'X y.oc ` :' d. g 14.44 . 00 S trees gaving it K.oc (1)..I d. p '17A14 .no Curbs. gutters. & culverts Sidewalk Storm sewer`ac_'Iities — RetentiorLponds Ditch improvements Subsurface drainage Sanitary sewers Sanitary sewers frank & forced lines Mains Laterals {house connectecl On-site sewage facilities 9n-site water supply & storage Water mains-Includes Bore Fire hydrants - Survey & street monuments & boxes StrTet 1iglJting Street name signs Fencing requirements Landscaping Park improvements Road Culver, _ Grass Lined ;wale Teiepione Gas -- Electric Water Transfer _ SUB TOT, - et opt,•op 9 R=, see :2:95 Engineering and Superv.sion Costs*-1•/000 OD (testing, inspection, as-built plans and work in addition to preliminary and anal plat: supervision of actual construction by contractors) TOTAL ESTIMATED COST OF IlvIPROVEMINTS AND SUPERVISION S 1t• 001-4 •00 The above improvement shall be constructed in accordance with all County requirements and specifications, and conformance with this provision shall be determined soieiy by Weld County, or its duly authorized agent. Said improve. ents sh ) be completed according to the/construction schedule set out in. Exhibit "B". //JJJJ (In corporation.. to be sigied by President'and attested to by Secretary, together with corporate seal.) id / %' Date: 1 , 19 / 10 Scvise? 1'_195. "EXHIBIT "B" Name of Subdivision: 0,-)PT- W euew bN P.u. p riling: w Location: S;k G i. + . CV,. Sam-I-i... 144-'-' -Lot/ 11.ILlcti Cw��r C� Intending to be legally bound, the undersigned Applicant hereby aegis to construct the improvementssi-►own on the final subdivision piat of Subdivision. dated . 19 , Recorded on . 19 _. in Book Page :\o. Reception No. , the following schedule. All improvements shall be completed within years from the date of aoprovai of the final piat. Construction of the improvements listed in Et:nibit "a" shall be completed as follows: (Leave spaces blank where they do not apply.) improvements Time for Completion Site ;ading +.4rc. ()K44>I06> Aprs E ZODt7 Street base Apr: I 70aop Street paving Apr: 1 Z Curbs. gutters. and culverts Sidewalk 3torn) sewer facilities Retentjpn ponds Ditch i proyements Subsurface drainage Sanitary sewers Trunk and forced lines yia}}-is Laterals (house connecrcd) On-site sewage facilities On-s,te water suppl' and storage Water mains Fire hydrants Survey & street monuments & boxes Street lighting Street name signs Fencing requirements Landscaping Park improvements i eiegne Gas Electr c Water Transfer Sub-Total The County, at its option, and upon the request by the Applicant may rant an extension of time for completion for any panicuiar improvements shown above. anon a showing by the Applicant that the above sche ie cannot e met. ; (If corporation, :o be signed by president and aaested to by Secretary, together with corporate seal.) Date: / I l , 19 ,2 !. mrtonvmonvarc.ab LtimRoVjENTS AGREEMENT ACCORDING POLICY R.ECARDING COLLATERAr.:-, FOR IIQPROVEMENTS (PRIVATE ROAD MAIN InNiaNCE) —JS .'.GREENfflNT, made and entered into his _day of , by and between the county of Weld. Stare of Colorado,acne;through its Board of County Commissioners, hereinafter called "County", and PA' fD Llu.rr a__ti 'raw/ MleD6rna4 hereinafter called "Applicant'. WI NESSETPI: WHEREAS, Applicant is the owner of or has a controlling interest in the following described property in the County p of Weld. Colorado: l.e+ .t yvyrd6J EfGw+ log. 410 . IOSI- 14•-4 ' its ?Art , ,lt IV�1, 1-t..r tgiarsl.l4, tt .rJS O4 WJJ CD..�-�Y , b61.-..l c- ?bv410L of 144'4 c4 Sec+ic. r.L;ja Lots 'at,+ c4 t1.t. u4t.. e.M. , e� .+� o{ well , mat pf c�lo.o-do. W"_F RF aS, a final subdivision PUD plat of said property, to be known as 1luw4T - W teo€MAu p'. u. D. has been submitted to the County for approval; end VT LEAS, _ of the Weld County Subdivision Ordinance provides that no final pia: shall be approved by the County until the Applicant has submitted a Subdivision _mprovement Agreement guaranteeing the construction of the public improvements shown on plans, plats and supporting. documents of the subdivision, wnic.h improvements, along with a time schedule for completion, are listed in Exhibits "A" and "B" of this Aceement. NOW, T—REE`ORE, EN CONSIDERATION OF the foregoing and of he acceptance and approval of said final plat, the parties hereto promise, covenant and agree as follows: L.I) Enzmeering_ Services: Applicant shall furnish, at its own expense, all engineering, services in connection with the design and construction of the subdivision improvements listed cn Exhibit "A" which is attached hereto and made a part of this reference. 1.1 The required engineering services shall be performed by a Professional Engineer and Land Surveyor registered in the State of Colorado, and shall conform to the standards and criteria established by the Counry for public improvements. l.2 The required engineering ser/ices shall consist of, but not 'be limited _o, surveys, desig=ns. plans and profiles. estimates, consuucdon super+is ion, and the submission of necessary documents to the County. R:vtscd Applicant shall furnish drawings and cost estimates for roads within the subdivision to the County for approval prior to the letting of any constructors contract. Applicant shall furnish one set of reproducible "as-built" drawings and a final statement of constraction cost to the County. 2.0 Rights-of_Wav and =nsemencs: Before commencing the construction of any improvements herein acted upon, Applicant shall acquire, at its own expense, good and sufficient ria_hts- ot-'way and easements on all lands and facilities traversed by the proposed improvements. 3.p Construction; Applicant shall furnish and install, at its own expense, the subdivision improvements listed on Exhibit"A: which is attached hereto and made a pan hereof by this reference, according to the construction schedule set out in Exhibit"B" also attached hereto and made a part hereof by this reference. -.- Said construction shall be in strict conformance to he plans and drawings approved by the County and the specifications adopted by the County for such public improvements. Whenever a subdivision is proposed within three miles of an incorporated community located in Weld County or located in any adjacent county, the Applicant shall 'oe required to install improvements in accordance with the requirements and standards that would exist if the pint were developed within he corporate limits of that community. If the incorporated community has not adopted such requirements and standards at the time the subdivision is proposed, the requirements and standards of the County shall be adhered to. If both the incorporated community an the County have requirements and standards, those requirements and standards that are more restrictive shall apply. 7.1 Applicant Applicant shall employ, at its own expense, a qualified testing company previous,y approved by the County to perform all testing of materials or construction that is required by the County; and shall furnish copies of test results to the County. At all times during said construction, the County shall have the right :o test and inspect or to require testing and inspection of material and work at Applicant's expense. Any material or work not conforming to the approved plans and specifications shall be removed and replaced to the satisfaction of the County at Applicant's expense. The ,Applicant shall Furnish proof that proper arrangements have been made for the installation of sanitary sewer or septic systems, water. gas. electric and telephone scr/Ices. -._ Said subdivision improvements shall be completed, according to the terms of this Agreement within the construction schedule appearing- in Exhibit "B". The Board of County Commissioners, at its option. may ?rant an extension of the time of completion shown on Exhibit "B" upon appiication by the Applicant subject to the :arms of Section o herein. Rrrisca l°•4: !.� Release; , r Tabiiity: Applicant shall indemnify and hold harmless the County from any and ail [lability loss and damage county may suffer as a result of ad suits, actions or claims of every nature and description caused by, arising from, or on account of said design and construction of improvements, and pay any and all judgments rendered against the County on account of any such suit, action or claim, together with all reasonable expenses and attorney fees incurred by County in defending such suit, action or claim whether the liability, loss or damage is caused by, or arises out of the negligence of county or its officers, agents, employees, or otherwise except for the liability, loss, or damage arising from the intentional torts or the gross negligence of the county or its employees while actting within :he scope of their employment. All contractors and other employees engaged !n construction of the improvements shall maintain adequate workman's compensation insurance and public liability insurance coverage, and shall operate in sthct accordance, with he laws and regulations of the State of Colorado governing occupational safety and health. (THERE IS NO SECTION 5) 6.0 Approval of Streets by the County: Upon compliance with the following procedures by the .Applicant streets within a subdivision may be approved by the County as public roads and will be maintained and repaired by a homeowners association or, In its absence, the owners of lots within the subdivision. 6.1 If desired by the County, portions of street improvements may placed in service when compieted according to the schedule shown on Exhibit"B", but such use and operation shall not constitute an approval of said portions. 6.2 County may, at its option, issue building permits for construction on lots for which street improvements detailed herein have been started but not completed as shown on Exhibit "B", and may continue to issue building permits so long as the progress of work on the subdivision improvements in that phase of the development is satisfactory to the County; and all terms of this AoTeement have been faithfully kept by Applicant. 6.3 Upon completion of the construction of streets within a subdivision and the filing of a Statement of Substantial Compliance, the applicant(s) may request in writing that the County Engineer inspect its streets and recommend that the Ecard of Counca Commissioners partially approve them. Not sooner than nine months after oarial approval, the County Engineer shall. upon request by the applicant, inspect the subject streets, and notify die apolicant(s) of any deficiencies. The County Engineer shall reinspect the streets after notification from the applicant(s) chat any deficiencies have been corrected. If the County Engineer rinds that the streets are constructed according to County standards, he shall recommend Full approval. Upon a receipt of a positive unqualified recommendation from the County Engineer for approval of streets within the development, the Board of County Commissioners shall fully approve said streets as public but with pr vate pay. 7.0 General Requirements for Collateral: ".l The value of all collateral submitted to Weld County roust be equivalent to 100% of the value of the improvements as shown in this Anee lent. Prior to ;final Flat r.✓else_ approval, the applicant shall indicated which of the Five apes of collatera, prefered • to be utilized to secure the improvements subject to fnai approval by the Board of County Commissioners and the execution of this Aa'ee nent. .Acceptable collateral shall be submitted and the plat recorded within six (6) months of the :Final Plat approval. If acceptable collateral has not been submitted within six(6) months then the Final Plat approval and ail preliminary approvals shall automatically expire. An applicant may request that the County extend the Final ?lac approval provided the cost estimates are updated and the development plans are revised to comply with all current County standards, policies and regulations. The improvements shall be completed within one (1) year after the Final Plat approval (not one year after acceptable collateral is submitted) unless the applicant(s) requests that this Agreement be renewed at least thirty (30) days prior to its expiration and further provides that cost estimates for the remaining improvements are updated and collateral is provided in the amount of 100% of the value of the improvements remaining to be completed. If improvements are nor completed and the agreement not renewed within these time frames, the County, at its discretion, may make demand on ail or a portion of the collateral and take steps to see that the improvements are made. The applicant may choose to provide For a phased development by means oI :iesizaating filings of a Planned Unit Development Plan -or Final Plat Subdivision. The applicant would need only to provide collateral for the improvements in each :ling as approved. The County will place restric:ions on those portions of the property that are not covered by coilateral which will prohibit the conveyance of the property or the issuance of building permits until coilateral is provided or until improvements are in place and approved pursuant to the requirements for a Request 1'or Release of Collateral. 3 The applicant intends to develop in accordance with Exhibits "A" and "B". 3.0 Improvements Guarantee: The five types of collateral listed below are acceptable to Weld County :subject to final approval by the Board of County Commissioners. 3 A An irrevocable Letter of Credit From a Federal or State licensed financial institution on a form approved by Weld Count . The letter of credit shall state at least the `ollowing: 3.L i The Letter of Credit shall be in an amount equivalent of i(30°,10 of the total value of the improvements as set forth in Section 6.0 and exhibits "A" and 3.L? The Letter of Credit shall provide for payment upon demand to Weld County if the developer has not performed the obligations specified in the Improvements Agreement and the issuer has been notified of such default. 3.I-3 The applicant may draw from the Letter of Credit in accordance with the provisions of this poiicy. � �tvisaa C:SJ 3.1.4 The issuer of the Letter of Credit shall guarantee that at ail times the unreleased portion of the Letter of Credit shall be equal to a minimum of 100% of he estimated costs of completing the uncompleted portions of the required improvements, based on inspections of the development by the issuer. In no case shall disbursement for a general improvement item exceed the cost estimate in the Improvements Agreement (i.e.., streets, sewers, water mains and landscaping, etc.). The issuer of the Letter of Credit will sign the Improvements Agreement acknowledging the agreement and iu cost estimates. 3.15 The Letter of Credit shall specify that 15% of the total Letter of Credit amount cannot be drawn upon and will remain availabie to Weld County until released by Weld County. 3.1.6 Tne Letter of Credit shall specify that the date of proposed expiration of the Letter of Credit shall be either the date of release by Weld county of the final 15%, or one year from the date of Final Plat approval. whichever occurs first. Said letter shall stipulate hat, in any event, the Letter of Credit shall remain in full force and effect until after the Board has received sixty (60) days written notice from the issuer of the Letter of Credit of the pending expiration. Said notice shall be sent by certified mail to the Clerk to the Board of Count,/ Commissioners. 3 ^ Tntst DEL upon all or some of the proposed development or other propery acceptable to the Board of County Commissioners provided that the following are submitted: 3.2.1 In the event property within the proposed development is used as collateral, an appraisal is required of the property in the proposed development by a disinterested M.A.I. member of the American Institute of Real Estate Appraisers indicating that the value of the property encumbered in its current degree of development is sufficient to cover 100% of he cost of the improvements as set forth in the Improvements Agreement plus all costs of sale of the property. 8.2.2 In the event property other than the propery to be developed has been accepted as collateral by Weld County, then an appraisal is required of the property by a M.A.L. member of the Institute of Real Estate Appraisers indicating. that he value of the proper/ encumbered in its current state of development is sufficient to cover 100% of the cost of the improvements as set forth in the Improvements Agreement pius all costs of sale of the property. 3.2.3 A title insurance policy insuring that the Trust Deed creates a valid encumbrance which is senior to all other liens and encumbrances. • 3.2.' A building permit hold shall be placed on the encumbered property. 3.3 Escrow Agreement that provides at least the following: 3.3.1 Tae can in escrow is at least ecuai to 100% of the amount specified in the Improvements Agreement. 3.3.2 T"ne escrow agent guarantees that the escrowed funds will be used for improvements as specified in the agreement and for no other purpose and will riot release any portion of such funds without prior approval of the Board. 3.3.3 The escrow agent will be a Federal or State licensed bank or financial institution. 3.3.4 If the County of Weld County determines there is a default of the Improvements Agreement, the escrow agent, upon request by the County, shall release any remaining escrowed funds to the County. 3.'' A -ua re bond given by a corporate surety authorized to do business in the State of Colorado in an amount equivalent to 100% of the value of the improvements as specified in the Improvements Agreement. 3.5 A cash deposit made with the County equivalent to 100% of the value of the improvements. 9.0 Request for Release of Collateral: Prior to release of collateral for the entire project or for a portion of the project by Weld County, the Applicant must present a Statement of Substantial Compliance 'from an Engineer registered in Colorado that the project or a portion of the project has been completed in substantial compliance with approved plans and specifications documenting the following: 9.1 The Engineer or his representative has made ,regular on-site inspections during the course of construction and the construction plans utilized are the same as those approved by Weld County. 9.2 'rest results must be submined for all phases of this project as per Colorado Deparanent of Transportation Schedule for minimum materials sampling, testing and inspections found in COOT Materials Manual. 9.3 "As built" plans snail be submitted at the time the letter requesting release of collateral is submitted. The Engineer shall certify that the project "as built" is in substantial compliance With the plans and specifications as approved or that any material deviations have received prior approval From the County Engineer. 9.4 The Statements of Substantial Compliance must be accompanied, if appropriate, by a letter of acceptance of maintenance and responsibility by the appropriate utility company, special district or town for any utilities. 9.5 A letter must be submitted from the appropriate Fire Authority indicating :he fire hydrants are in place in accordance with the approved plans. The letter shall indicate if the fire hydrants are operational and state the results of fire flow tests. 9.6 The requirements in 9.0 :hru 9.5 shall be noted on the final const-uctat plans. b 3cvised 11'95 9.T Following the submittal of the Statement of Substantial Compliance and recommendation of approval of the streets by the County, the applicant(s) may request release of the collateral for the project or portion of the project by the Board. This action will be taken at a regularly scheduled public meeting of the Board. 9.3 The request for release of collateral shall be accompanied by "Warranty Collateral" in the amount of 15% of the value of the improvements as shown in this Agreement excluding improvements Tully accepted for maintenance by the responsible governmental entity, special district or utility company. 9.9 The warranty collateral shall be released to the applicant upon final approval by the Board of County Commissioners. 10.0 Public Sites and _pen Spaces: When the Board of County Commissioners, pursuant to a rezonu.g, subdivision or planned unit development. requires the dedication, development andior reservation of areas or sites other than subdivision streets and utility easements of a character, extent and location suitable for public use for parks, geenbeits or schools, said actions shall be secured in accordance with one of the following alternatives, or as specified in the 'C,rD plan. if any: 10.1 The required acreage as may be determined according to the Weld County Subdivision Regulations shall be dedicated to the County or the appropriate school district, for one of the above purposes. Any area so dedicated shall be maintained by the Counry or school district. 10.2 The recuired acreage as determined according to the Weld County Subdivision Regulations, may be resented through deed restrictions as open area, the maintenance of which shall be a specific obligation in the deed of each lot within • the subdivision. 10.5 in lieu of land, the County may require a payment to the County in an amount equal to the market value at the time of foal plat submission of the required acreage as determined according to the Subdivision Ordinance. Such value shall be determined by a competent land appraiser chosen jointly by the Board and the Applicant. The cash collected shall be deposited :n an escrow account to be expended for parks at a lacer date. 11.0 Successors and Assigns: This Areement shall be binding upon the heirs. executors, personal representatives, successors and assigns ofhe Applicant, and upon recording by the County, shall be deemed a covenant running with the land herein described, and shall be binding; upon the successors in ownership of said land. v WITtiESS WHEREOF, the parties hereto have caused this Agreement to be executed on the jay and year first above written. R vs<d 1195 BOARD OF COCKY COtvLvaSSIOvERS WELD COUNTY, COLORADO ATTEST: EST: Weld County Clerk to the Board BY: Deputy Clerk co the Boaz? APPROVED AS TO FORM: County .Arorney APPLICANT BY: (tide) Subscribed and sworn co bi°tore me this. day of , 1° • My Commission txoires: Notary Pubiic %.1: Rm ,k?!Sv a_oa S ?erise: l='9: E.`CL l IT ''A'' Name or Subdivision: ___Purr ?. U. r>. Filing: : Location: C.,;-ka.�a 1-Le S%/-t. 4au}-raw W•ci-tom G`a Loaw}y , Lo intending to be Legally bound, the undersigned Applicant hereby agrees to provide throuc.cut this subdivision and as shown on the subdivision anal plat County dated ; 19 recorded on , 19 , in Book , Pace No. , Reception No. the foilowing improvements. (Leave spaces blank where they do ;tot apply) Estimated improvements Unit Cost COOstrucril Cos-K 4'5",goo .oo Street gading 0.1 Street base t Z.. CO 4.%. Street paving - 0 4. oo curbs 7trtte,s • : culvert. Sidewalk - 5tomLsewer faciiities -- Retentiotgonds Ditch improvements Subsurrace draitage Sanitary sewers Sanitary sewers Thank do forced lines Mains L aterals (house :ortnecte,i) On-iite sewage facilities On-site water supply & storage water maims-rnc'.udes Bore {6X+�rtiaG] F lre nvOrants Suriev & street monuments & boxes Street lignc:ng - Street name #7.,`'°.00 Fencing-equirernents tZoo.00 Landscaping (*r.u. - tz G rk•�� 4 W Park improvements Road Culvert w.00 4?,D3o.co Grasp t.fined Swale / r.E.. oitsc, 4 D-o; s�. yL9 a.oa Telephone 4 J.Ot? re lDk '100.op Cas (rtr ) Elec*ric 4 t000.00 � to-I- flls000 �e Water Transfer SL'B-TOTAL 3Q .°t3(1.co Engineering and Supervision Costs SS.wo.as (testing, inspection, as-built plans and work in addition to preliminary and Final piat: supervision of actual construction by contractors) TOTAL ES TDVLRTED COST OF OviPROVEMENTS AND SUPERVISIONS y4 9310•00 The above improvements shall be constructed in accordance with all County requirements and specifications, and conformance with ch,s provision shall be determined solely by Weld Counry, or its duly authorted agent. Said inapt ve, nts shhaallll be completed according to the °instruction schedule sec out in Exhibit "B".cfcz, (`in corporation. to be signed by ?residen4nd attested to by Secretary, together with corporate seal.) Date: Al / , l9 ! .' . In EXHIBIT "2" Name of Subdivision: kktjj- - \,(JtF.ceWtA,..) P. v. D Filing: ►J f A -- Location: Si�+.�.ko ,., tl.. S'/L 04 4ac.T+or. 144-4- Vv., U.l.iJ LCD Intending to be legally bound, the undersigned Applicant hereby agrees to construct the ;mnrovementsshown on the final subdivision plat of Subdivision, sated , 19 , Recorded on • l9 . .n Book Page No. Reception No. the following schedule. All improvements shall be completed within Years from the date of approval of the final plat. Construction of the improvements listed in Exhibit "_A" shall be completed as follows: (Leave spaces blank where they do not apply.) Improvements T me for Completion Site yading 41-eREr G.R.AD IJ&\ J� �I 1 ,,��.� 1"%ci 1 Street base J„1., / P� �� '1'19 Street paving 1000 Garbs, gsrrers. and culverts Sidewalk ` :Roan sewer facilities (��o Gul vptrsl J„l.� 1 Avc 4.4". 15'19 Retention ponds Ditch improve vents Subsurface drainage Sanitary sewers Trunk and forced !fines _ Maths Laterals (-house connected) On-site sewage facilities On-site water supoly and storage Water mains ( X�SriNa) Fire 1ivdrants_ Survey & street rnonutnm:nts & bores Street li tines Street came sins 4e4,4-e ,,.. 1119 Fencing requirements Landscaping {r£-565. 0.K,) G,c��cw.loa. 1 D�4 - 1111 Park improvernents _ _ Telephone - Sept.,.-6er 1'111 Gas Ei • ectric 1919 Water Transfer 1911 Sub-local Ap,-;1 wcta _ r'oie"er 3nc acs es: e. ,ce ^cr ,v e . cciic e sec 'nay r _ rce,.. ..c acre_«_ r _ec- :ese:ne. :v crs- ie3 „ Th 4\e. 444 1 MEMORANDUM TO: Julie Chester, Planner DATE: July 12, 1999 FROM: Donald Carroll, Engineering Administrator Sit SUBJECT: S-493; David & Kayleen Hunt/Terry & Janice Wiedeman COLORADO The Weld County Public Works Department has reviewed the Improvements Agreement According Policies Regarding Collateral for Improvements for the internal private road maintenance and the Offsite Agreement for WCR 33. In the transportation portion of both agreements, the unit costs and quantities have been verified. The site grading and base work are scheduled to be completed in 1999. The paving is scheduled for the spring of 2000. The applicant shall supply a document from the paving contractor verifying that the paving will be completed by that time. Both Improvements Agreements need to be signed, notarized, and dated prior to submitting to the Board of County Commissioners for approval. cc: S-493 Weld County Planning Dept. plan38 JUL 15 1999 RECEIVED 2 // J Pt -____, S /2 e /iC " �� (ye& ed.,ti -7 460- (-4 ,c,e671 7/ &)--g 4-c14-{_4:L, o C9 71 El_:-iho l ` -1/1 o o__4p Lem z'Y t- ? 1, � —� A €n-1 eAJa-uKA Jt_.(D,c) 47( c.<� qit /)O fit, Q-4--P Le-VW-1 y U et — V -le A_ 71 9r (24-Vt 1 C) r n�� 7 11 INIPROVENCNTS AGREEMENT ACCORDING POLICY REGARDING COLL.?TERAL. FOR 'IMPROVEMENTS h WeI G>V UTY C,oA u to• 4? \.'t v\ � l THIS AGREEMENT, made and entered into this day of . by and between the County of Weld, Stan of Colorado,acting through its Board of County Commissioners, hereinafter called "County", and Do_ a IcI t•♦ w} o Gl Tu,y vJiuJeww hereinafter called "Applicant". WITNESSETH: WHEREAS, Applicant is the owner of or has a controlling interest in the following described property in the County ofWeld, Colorado: ,`ade,leit Lo-vr-4r cI No• �•.7i p 'D Csl l...+1v.1(� w+ Cult.rof�o �ICA-6.4 0:11-4-14--y•rrKb 1. .. It, GIi.ciI tv_1_H c_e1?eo s1lw'G.i•IGI..� L{ caA- tJor1L JLvy,1G CoLv64�o S'l'4 T6 ItfG�VGy iJJ. 4L0. WrTEREAS, a final subdivision/PUD plat of said property, to be known as I'LVKT - \h)LEDEvh.A.o P. V. D . has been submitted to the County for approval; and WI R EAS,_ of the Weld County Subdivision Ordinance provides that no final plat shall be approved by the County until the Applicant has submitted a Subdivision Improvement. Agreement guaranteeing the construction of the public improvements shown on plans, plats and supporting documents of the subdivision, which improvements, along with a time schedule for completion, are listed in Exhibits "A" and "B" of this Agreement. NOW, THEREFORE, R' CONSIDERATION OF the foregoing and of the acceptance and approval of said final plat, the parties hereto promise, covenant and agree as follows: 1.0 Engineering Services: Applicant shall furnish, at its own expense, all engineering services in connection with the design and construction of the subdivision improvemens listed on Exhibit "A" which is attached hereto and made a pan of this reference. 1.1 The required engineering services shall be performed by a Professional Engineer and Land Surveyor registered in the State of Colorado, and shall conform to the standards and criteria established by the County for public improvements. L? The required engineering services shall consist of, but not be limited to, surveys, designs. plans and profiles, estimates, consuuction supervision, and the submission of necessary documents to the Counrv. 1 Revised 11'95 1.3 Applicant shall furnish drawings and cost estimates for roads within the subdivision :o the County for approval prior to the letting of any construction contract. Applicant shall furnish one set of reproducible "as-built" drawings and a final statement of construction cost to the County. 2.0 Rights-o f-Way and Easements: Before commencing the construction of any improvements herein aep•eed upon, Applicant shall acquire, at its own expense, good and sufficient rights- of-way end easements on all lands and facilities traversed by the proposed improvements 3.0 Construction; applicant shall furnish and install, at its own expense, the subdivision improvements listed on Exhibit "A: which is attached hereto and made a part hereof by this reference, according to the construction schedule set out in Exhibit"B" also attached hereto and mace a part hereof by this reference. 3.1 Said construction shall be in strict conformance to the plans and drawings approved by the County and the specifications adopted by the County for such public improvements. Whenever a subdivision is proposed within three miles of an incorporated community located in Weld County or located in any adjacent county, the Applicant shall be required to install improvements in accordance with the requirements and standards that would exist if the plat were developed within the corporate limits of that community. If the incorporated community has not adopted such requirements and standards at the time the subdivision is proposed, the requirements and standards of the County shall be adhered to. If both the incorporated community an the County have requirements and standards, those requirements and standards that are more restrictive shall apply. 3._ Applicant shall employ, at its own expense, a qualified testing company previously approved by the County to perform all testing of materials or constriction that is required by the County; and shall furnish copies of test results to the County. 3.3 At all times during said construction, the County shall have the right to test and inspect or to require testing and inspection of material and work a: Applicant's expense. Any material or work not conforming to the approved plans and specifications shall be removed and replaced to the satisfaction of the County at Applicant's expense. 3.4 The Applicant shall furnish proof that proper arrangements have been made for the installation of sanitary sewer or septic systems, water, gas, electric and. telephone services. 3.5 Said subdivision improvements shall be completed, according to the terms of this Agreement within the construction schedule appearing in Exhibit "B". The Board of County Commissioners, at its option, may grant an extension of the time of completion shown on Exhibit "B" upon application by the Applicant subiect to the terms of Section 6 herein. 7 Etdvised t''_'9_ 4.0 Release of Liability: Applicant shall indemnify and hold harmless the County from any and all liability loss and damage county may suffer as a result of all suits. actions or claims of every nature and description caused by, arising from, or on account of said design and construction of improvements, and pay any and all judgments rendered against the County on account of any such suit, action or claim, together with all reasonable expenses and attorney fees incurred by County in defending such suit. action or claim whether the liability, loss or damage is caused by, or arises out of the negligence of county or its officers, agents, employees, or otherwise except for the liability, foss, or damage arising from the intentional torts or the goss negligence of the county or its employees waile acting within tie scope of their employment. All contractors and other employees engaged in construction of the improvements shall maintain adequate workman's compensation insurance and public liability insurance coverage, and shall operate in strict accordance with the laws and regulations of the State of Colorado governing occupational safety and health. (THERE IS NO SECTION 5) 6.0 Approval of Streets by the County: Upon compliance with the following procedures by the Applicant, streets within a subdivision may be approved by the County as public roads and will be maintained and repaired by a homeowners association or, in its absence, the owners of lots within the subdivision. 6.1 If desired by the County, portions of street improvements may be placed in service when completed according to the schedule shown on Exhibit "B", but such use and operation shall not constitute an approval of said portions. 6.2 County nay, at its option, issue building permits for construction on lots for which street improvements detailed herein have been started but not completed as shown on Exhibit"B", and may continue to issue building permits so long as the progress of work on the subdivision improvements in that phase of the development is satisfactory to the County; and all terms of this Agreement have been faithfully kept by Applicant. 6.3 Upon completion of the construction of streets within a subdivision and the filing of a Statement of Substantial Compliance. the applicant(s) may request in writing that the County Engineer inspect its streets and recommend that the Board cf County Commissioners partially approve them. Not sooner than nine months after parial approval. the County Engineer shail, upon request by the applicant, inspect the subject streets, and notify the applicant(s) of any deficiencies. The County Engineer shall reinspect the streets after notification from the applicant(s) that any deficiencies have been corrected. If the County Engineer finds that the streets are constructed according to County standards, he shall recommend full approval. Upon a receipt of a positive unqualified recommendation from the County Engineer for approval of streets within the development, the Board of County Commissioners shall fully approve said streets as public but with private pay. 7.0 General Requirements for Collateral: 7.1 The value of all collateral submitted to Weld County must be equivalent to 100% of the value of the improvements as shown in this Agreement. Prior to Final Plat Revised 11'95 approval, the appiicant shall indicated which of the five types of collateral prefered to be utilized to secure the improvements subject to final approval by the Board of County Commissioners and the execution of this Agreement. Acceptable collateral shall be submitted and the plat recorded within six (6) months of the Final Plat approval. If acceptable collateral has not been submitted within six(6) months then the Final Plat approval and all preliminary approvals shall automatically expire. An applicant may request that the County extend the Final Plat approval provided the cost estimates are updated and the development plans are revised to comply with all current County standards, policies and regulations. The improvements shall be completed within one (1) year after the Final Plat approval (not one year after acceptable collateral is submitted) unless the appiicant(s) requests that this Agreement be renewed at least thirty (30) days prior to its expiration and further provides that cost estimates for the remaining improvements are updated and collateral is provided in the amount of 100% of the value of the improvements remaining to be completed. If improvements are not completed and the agreement not renewed within these time frames, the County, at its discretion, may make demand on all or a portion of the collateral and take steps to see that the improvements are made. %? The applicant may choose to provide for a phased development by means of designating filings of a Planned Unit Development Plan or Final Plat Subdivision. The applicant would need only to provide collateral for the improvements in each filing as approved. The County will place restrictions on those portions of the property that are not covered by collateral which will prohibit the conveyance of the property or the issuance of building permits until collateral is provided or until improvements are in place and approved pursuant to the requirements for a Request for Release of Collateral. 7.3 The applicant intends to develop in accordance with Exhibits "A" and "B". 3.0 Improvements Guarantee: The five types of collateral listed below are acceptable to Weld County subject to final approval by the Board of County Commissioners. 8.1 An irrevocable Letter of Credit from a Federal or State licensed financial institution on a form approved by Weld County. The letter of credit shall state at least the following: 3.1.1 The Letter of Credit shall be in an amount equivalent of 100,': of the total value of the improvements as set forth in Section 6.0 and exhibits "A" and „B,. 8.1.2 The Letter of Credit shall provide for payment upon demand to Weld County if the developer has not performed the obligations specified in the Improvements Agreement and the issuer has been notified of such default. 3.1.3 The applicant may draw from the Letter of Credit in accordance with the provisions of this policy. 4 Revised IJ95 8.1.4 The issuer of the Letter of Credit shall guarantee that at ail times the unreleased portion of the Letter of Credit shall be equal to a minimum of 100% of the estimated costs of completing the uncompleted portions of the required improvements, based on inspections of the development by the issuer. In no case shall disbursement for a general improvement item exceed the cost estimate m the Improvements Agreement f i.e., streets, sewers, water mains and landscaping, etc.). The issuer of the Letter of Credit will sig?t the Improvements Agreement acknowledging the agreement and its cost estimates. 8.1.5 The Letter of Credit shall specify that 15% of the total Letter of Credit amount cannot be drawn upon and will remain available to Weld County until released by Weld County. 3.1.6 The Letter of Credit shall specify that the date of proposed expiration of the Letter of Credit shall be either the date of release by Weld county of the final 15%, or one year from the date of Final Plat approval, whichever occurs first. Said letter shall stipulate that, in any event, the Letter of Credit shall remain in full force and effect until after the Board has received sixty (60) days written notice from the issuer of the Letter of Credit of the pending expiration. Said notice shall be sent by certified mail :o the Clerk to the Board of County Commissioners. 8.2 Trust Deed upon all or some of the proposed development or other property acceptable to the Board of County Commissioners provided that the following are submitted: 8.2.1 In the event property within the proposed development is used as collateral, an appraisal is required of the property in the proposed development by a disinterested M.A.I. member of the American Institute of Real Estate Appraisers indicating that the value of the property encumbered in its current degree of development is sufficient to cover 100% of the cost of the improvements as set forth in the Improvements Agreement plus all costs of sale of the property. 8._.2 In the event property other than the property to be developed has been accepted as collateral by Weld County, then an appraisal is required of the property by a vI.A.I. member of the Institute of Real Estate Appraisers indicating that the value of the property encumbered in its current state of development is sufficient to cover 100% of the cost of the improvements as set forth in the Improvements Agreement plus all costs of sale of the property. 3.2.3 A title insurance policy insuring that the Trust Deed creates a valid encumbrance which is senior to all other liens and encumbrances. 3.2.4 A building permit hold shall be placed on the encumbered property. 3.3 Escrow Agreement that provides at least the following: 5 Rcvised i_C5 • 3.3.1 The cash in escrow is at least ecual to 100% of the amount specified in the Improvements Agreement. 3.3.2 The escrow agent guarantees that the escrowed funds will be used for improvements as specified in the agreement and for no other purpose and will not release any portion of such funds without prior approval of the Board. 3.3.3 The escrow agent will be a Federal or State licensed bank or financia, institution. 3.3.4 If the County of Weld County determines there is a default of the Improvements Agreement, the escrow agent, upon request by the County, shall release any remaining escrowed funds to the County. 3.4 A surety bond given by a corporate surety authorized to do business in the State of Colorado in an amount equivalent to 100% of the value of the improvements as specified in the Improvements Agreement. 8.5 A cash c.eposit made with the County equivalent to 100% of the value of the improvements. 9.0 Request for Release of Collateral: Prior to release of collateral for the entire project or for a portion of the project by Weld County, the Applicant must present a Statement of Substantial Compliance from an Engineer registered in Colorado that the project or a portion of the project has been completed in substantial compliance with approved plans and specifications documenting the following: 9.1 The Engineer or his representative has made regular on-site inspections during the course of construction and the construction plans utilized are the same as those approved by Weld County. 9.2 Test results must be submitted for all phases of this project as per Colorado Department of Transportation Schedule for minimum materials sampling, testing and inspections found in CDCT Materials Manual. 9.3 "As built" plans shall be submitted at the time the letter requesting release of collateral is submitted. The Engineer shall certify that the project "as built" is in substantial compliance with the plans and specifications as approved or that any material deviations have received prior approval from the County Engineer. 9.4 The Statements of Substantial Compliance must be accompanied, if appropriate, by a letter of acceptance of maintenance and responsibility by the appropriate utility company, special district or town for any utilities. 9.5 A letter must be submitted from the appropriate Fire Authority indicating the fire hydrants are in place in accordance with the approved plans. The letter shall indicate if the fire hydrants are operational and state the results of fire flow tests. 9.6 The requirements in 9.0 thru 9.5 shall be noted on the final construction plans. 6 Revised t-°5 9.7 Following the submittal of the Statement of Substantial Compliance and recommendation of approval of the streets by the County, the applicant(s) may request release of the collateral for the project or portion of the project by the Board. This action will be taken at a regularly scheduled public meeting of the Board. 9.3 The request for release of collateral shall be accompanied by "Warranty Collateral" in the amount of 15% of the value of the improvements as shown in this Agreement excluding improvements fully accepted for maintenance by the responsible governmental entity, special district or utility company. 9.9 The warranty collateral shall be released to the applicant upon finai approval by the Board of County Commissioners. 10.0 Public Sites and O en Spaces: When the Board of County Commissioners, pursuant to a rezoning, subdivision or planned unit development, requires the dedication, development and/or reservation of areas or sites other than subdivision streets and utility easements of a character, extent and location suitable for public use for parks, greenbelts or scaoois, said actions shall be secured in accordance with one of the following alternatives, or as specified in the F UD plan, if any: 10.1 The required acreage as may be determined according to the Weld County Subdivision Regulations shall be dedicated to the County or the approoriate school district for one of the above purposes. Any area so dedicated shall be maintained by the County or school district. 10.2 The required acreage as determined according to the Weld County Subdivision Regulations, may be reserved through deed restrictions as open area, the maintenance of'which shall be a specific obligation in the deed of each lot within the subdivision. 10.3 In lieu of land,the County may require a payment to the County in an amount equal to the market value at the time of final plat submission of the required acreage as determined according to the Subdivision Ordinance. Such value shall be determined by a competent land appraiser chosen jointly by the Board and the Applicant. The cash collected shall be deposited in an escrow account to be expended for parks at a later date. 11.0 Successors and Assigns: This Agreement shall be binding upon the heirs, executors, personal representatives, successors and assigns of the Applicant, and upon recording by the County, shall be deemed a covenant running with the land herein described, and shall be binding. upon the successors in ownership of said land. EN WITNESS WF?EREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written. 7 Revised 1195 BOARD OF COUNTY COMMISSIONERS WELD COI NTY, COLORADO ATTEST: Weid County Clerk to the Board BY: Deputy Clerk to the Board APPROVED AS TO FORM: County Attorney APPLICANT BY: (title) Subscribed and sworn to hetore me.this day of , 19 • My Commission expires: Notary Pubiic • M4:FORN A?Ri A�3a 3 devised 12/95 EXHIBIT "a" Name of Subdivision: I-tV-T - WiEdE'l''\Q►..1 (?• V• h• Filing: is b — Location: 44,.4.1.e. ;* 1•L. 4;4- of W-4-VV. y,laU Go Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout this subdivision and as shown on the subdivision final plat County dated , 19 recorded on , 19 , in Book ; Page No. , Reception No. , the following improvements. (Leave spaces blank when: they do not apply) Estimated Improvements Unit Cost Construction Cost Street_grading - g 0.i5 . � It molt" .oo Street base 3i.. ) yd• 7$.4y .po Street paving _ it+4•oo (lost. g itVtrtD •va Curbs. gutters. culvertz Sidewalk Storm sewer facilities Retention ponds Ditch improvements Subsurface drainage Sanitjv sewers Sanitary sewers Trunk & forced !fines Mains Laterals (house connected) On-site sewage facilities On-site water suo l� y & s.:orage Water mains-lnc: udes Bore Fire hydrants Survey & street monuments & boxes Street lighting Street name Fencing requirements Landscaping Park improvements Road Culvert Grass Lined Swale Telephone Gas Electric -Water Transfer SUB-TOTAL _ .00co.Do 9 Revised 12.9: Engineering and S upery.sion Costs*V,000.0D (testing, inspection, as-built plans and work in addition to preliminary and final piat; supervision of actual construction by contractors) TOTAL. ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION S It,"II.00 The above improvements shall be constructed in accordance with all County requirements and specificatiot,s, and conformance with this provision shall be determined solely by Weld County, or its duly s.uthori=ed agent. Said improvements shall be completed according to the construction schedule sec out in Exhibit "B". (In corporation, to be si=ned by President and attested to by Secretary, together with corporate seal.) Date: , 19 10 R-'.krd l7" EXHIBIT "B" Name of Subdivision: 1-L i-. kOt505w,e.N p.,. p . Filing: u !A Location: S:�uJ . i� 'f�c G.'(z 01- H- '4 -Lou V.�Glcti �ovw'7 1 Intending to be legally bound, the undersigned Applicant hereby agees to construct the improvementssnown on the final subdivision plat of Subdivision, dated 19 , Recorded on . 19 , in Book Page No. , Reception No. , the following schedule. All improvements shall be completed within years from the date of approval of the final plat. Construction of the improvements listed in Exhibit "A" shall be completed as follows: (Leave spaces blank where they do not apply.) Improvements Time for Completion Site grading (4rt-eer 6,-1,0h.16) Apr't 1 7,0• oc _ Street base Apr; I loop Street paving Apr; 1Woo Curbs. gutters, and culverts Sidewalk _ Storm sewer facilities _ Retention ponds _ Ditch improvements _ Subsurface drainage Sanitary sewers _ Trunitand forced lines Mains _ Laterals (house connected) _ On-site sewage facilities_ On-site water supply and storage Water mains Fire hydrants Survey & street monuments & boxes Street lighting Street name signs Fencing requirements Landscaping Park improvements Telephone _ Gas _ Electric _ Water Transfer Sub-Total 11 Rt,,;,cr The County, at its option, and upon the request by the Applicant, may grant an extension of time for completion for any particular improvements shown above, upon a showing by the Applicant :hat the above schedule cannot be met. (If corporation, to be signed by President and attested to by Secretary, together with corporate seal.) Date: , t 9 mrfoeoupnvare.db • 1 ') r IMPROVEMENTS AGREEMENT ACCORDING POLICY REGARDING COLLATERAL. FOR IMPROVEMENTS i �.�� ' �N) (PRIVATE ROAD MAIN I hNANCE) \O • THIS AGREEMENT, made and entered into this day of , by and betty 1- \\- the County of Weld, State of Colorado,acting through its Board of County Commissioners, hereinafter called-1 "County", and PAv1D u,iJuT au.J `I'eev{ 'sitepjptptiJ hereinafter called "Applicant". WITNESSETH: WHEREAS, Applicant is the owner of or has a controlling interest in the following described property in the County of Weld, Colorado: rr w+ B et pp � rJscl E c,..r o- 0.. toc1- 14-'4'tt£ jit1L , r.t.co✓e1cA �.. ‘Pooh - Kt", f� w.1, Rus.rt... a., tG$-tn4 t«..rJ4 .4 view Co .�y, +L. C�eFI -1 is 04 Sea`+11;$ W/,ToI,..✓.4r;1. 9 t..l. +IL, R.-fie tola Wes 4- of -rte. Utt. {.M. Go,,.4- of 4JJJ TF{C. of �-Dlot..40. WHEREAS, a final subdivision/PLID plat of said property, to be known as NuaT - wratemApJ p. u. D• has been submitted to the Count for approval; and WIRERS, _ of the Weld County Subdivision Ordinance provides that no final plat shall be approved by the County until the Applicant has submitted a Subdivision Improvement Agreement guaranteeing the construction of the public improvements shown on plans, plats and supporting documents of the subdivision, whica improvements, along with a time schedule for completion, are listed in Exhibits "A" and "B" of this Agreement. NOW, THEREFORE, EN" CONSIDERATION OF the foregoing and of the acceptance and approval of said final plat, the parties hereto promise, covenant and agree as follows: 1.0 Engineering Services: Applicant shall furnish, at its own expense, all engineering services in connection with the design and construction of the subdivision improvements listed on Exhibit "A" which is attached hereto and made a parr of this reference. I.1 The required engineering services shall be performed by a Professional Engineer and Land Surveyor registered in the State of Colorado, and shall conform to the standards and criteria established by the County for public improvements. L? The required engineering services shall consist of, but not be limiter to, surveys, designs, plans and profiles, estimates, construction supervision, and the submission of necessary documents to the County. 1 Ravised 1195 1.3 Applicant shall furnish drawings and cost estimates for roads within the subdivision :o the County for approval prior to the letting of any construction contract. Applicant shall furnish one set of reproducible "as-built" drawings and a final .statement of construction cost to the County. 2.0 Rights-of-Way and Easements: Before commencing the construction of any improvements herein acp•eed upon, Applicant shall acquire, at its own expense, good and sufficient rights- of-way and easements on all lands and facilities traversed by the proposed improvements. 3.0 Construe ip ; Applicant shall furnish and install, at its own expense, the subdivision improvements listed on Exhibit "A: which is attached hereto and made a part hereof by this reference, according to the construction schedule set out in Exhibit "B" also attached hereto and made a part hereof by this reference. 3.1 :Said construction shall be in strict conformance to the plans and drawings approved by the County and the specifications adopted by the County for such public improvements. Whenever a subdivision is proposed within three miles of an incorporated community located in Weld County or located in any adjacent county, the Applicant shall be required to install improvements in accordance with the requirements and standards that would exist if the plat were developed within the corporate limits of that community. If the incorporated community has not adopted such requirements and standards at the time the subdivision is proposed, the requirements and standards of the County shall be adhered to. If both the incorporated community an the County have requirements and standards, those requirements and standards that are more restrictive shall apply. 3.3 Applicant shall employ, at its own expense, a qualified testing company previously approved by the County to perform all testing of materials or construction that is required by the County; and shall furnish copies of test results to the County. 3.3 At all times during said construction, the County shall have the right to test and inspect or to require testing and inspection of material and work at Applicant's expense. Any material or work not conforming to the approved plans and specifications shall be removed and replaced to the satisfaction of the County at Applicant's expense. The Applicant shall furnish proof that proper arrangements have been made for the installation of sanitary sewer or septic systems, water, gas, electric and telephone services. 3.5 Said subdivision improvements shall be completed, according to the terms of this agreement within the construction schedule appearing in Exhibit "B". The Board of County Commissioners, at its option, may grant an extension of the time of completion shown on Exhibit "B" upon application by the Applicant subject to the terms of Section 6 herein. Rcvised f'_'95 4.0 Release ofLiabiiirv: Applicant shall indemnify and hold harmless the County from any and all liability loss and damage county may suffer as a result of all suits, actions or claims of every nature and description caused by, arising from, or on account of said design and construction of improvements, and pay any and all judgments rendered against the County on account of any such suit, action or claim, together with all reasonable expenses and attorney fees incurred by County in defending such suit, action or claim whether the liability loss or damage is caused by, or arises out of the negligence of county or its officers, agents, employees, or otherwise except for the liability, loss, or damage arising from the intentional tors or the gross negligence of the county or its employees while acting within the scope of their employment. All contractors and other employees engaged in construction of the improvements shall maintain adequate workman's compensation insurance and public liability insurance coverage, and shall operate in strict accordance with the laws and regulations of the State of Colorado governing occupational safety and health. (THERE IS NO SECTION 5) 6.0 Approval of Streets by the County: Upon compliance with the following procedures by the Applicant, streets within a subdivision may be approved by the County as public roads and will be maintained and repaired by a homeowners association or, in its absence, the owners of lots within the subdivision. 6.1 If desired by the County, portions of street improvements may be placed in service when completed according to the schedule shown on Exhibit "B", but such use and operation shall not constitute an approval of said portions. 6.2 County .nay, at its option, issue building permits for construction on lots for which street improvements detailed herein have been started but not completed as shown on Exhibit"B", and may continue to issue building permits so long as the progress of work on the subdivision improvements in that phase of the development is satisfactory to the County; and all terms of this Agreement have been faithfully kept by Applicant. 6.3 Upon completion of the construction of streets within a subdivision and the filing of a Statement of Substantial Compliance, the applicant(s) may request in writing that the County Engineer inspect its streets and recommend that the Board of County Commissioners partially approve them. Not sooner than nine months after partial approval, the County Engineer shall, upon request by the applicant, inspect the subject streets, and notify the applicant(s) of any deficiencies. The County Engineer shall reinspect the streets after notification from the applicant(s) that any deficiencies have been corrected. If the County Engineer finds that the streets are constructed according to County standards, he shall recommend full approval. Upon a receipt of a positive unqualified recommendation from the County Engineer for approval of streets within the development, the Board of County Commissioners shall fully approve said streets as public but with private pay. 7.0 General Requirements for Collateral: 7.1 The value of all collateral submitted to Weld County must be equivalent to 100% of the value of the improvements as shown in this .Agreement. Prior to Final Plat 3 Revised [195 approval, the applicant shall indicated which of the five types of collateral prefered to be utilized to secure the improvements subject to final approval by the Board of County Commissioners and the execution of this Agreement. Acceptable collateral shall be submitted and the plat recorded within six (6) months of the Final Plat approval. If acceptable collateral has not been submitted within six(6) months then the Final Plat approval and all preliminary approvals shall automatically expire. An applicant may request that the County extend the Final Plat approval provided the cost estimates are updated and the development plans are revised to comply with all current County standards, policies and regulations. The improvements shall be completed within one (1) year after the Final Plat approval (not one year after acceptable collateral is submitted) unless the applicant(s) requests that this Agreement be renewed at least thirty (30) days prior to its expiration and further provides that cost estimates for the remaining improvements are updated and collateral is provided in the amount of 100% of the value of the improvements remaining to be completed. If improvements are not completed and the agreement not renewed within these time frames, the County, at its discretion, may make demand on all or a portion of the collateral and take steps to see that the improvements are made. 7.2 The applicant may choose to provide for a phased development by means of designating filings of a Planned Unit Development Plan or Final Plat Subdivision. The applicant would need only to provide collateral for the improvements in each • filing as approved. The County will place restrictions on those portions of the property that are not covered by collateral which will prohibit the conveyance of the property or the issuance of building permits until collateral is provided or until improvements are in place and approved pursuant to the requirements for a Request for Release of Collateral. 7.3 The applicant intends to develop in accordance with Exhibits "A" and "B". 3.0 Improvements Guarantee: The five types of collateral listed below are acceptable to Weld County subject to final approval by the Board of County Commissioners. 3.1 An irrevocable Letter of Credit from a Federal or State licensed financial institution cn a form approved by Weld County. The letter of credit shall state at least the Following: 3.1.1 The Letter of Credit shall be in an amount equivalent of 100% of the total value of the improvements as set forth in Section 6.0 and exhibits "A" and "B". 3.1.2 The Letter of Credit shall provide for payment upon demand to Weld County if the developer has not performed the obligations specified in the Improvements Agreement and the issuer has been notified of such default. 3.1.3 The applicant may draw from the Letter of Credit in accordance with the provisions of this policy. 4 Revised 11'95 3.'.4 The issuer of the Letter of Credit shall guarantee that at all times the unreleased portion of the Letter of Credit shall be equal to a minimum of 100% of the estimated costs of completing the uncompleted portions of the required improvements, based on inspections of the development by the issuer. In no case shall disbursement for a general improvement item exceed the cost estimate in the Improvements Agreement 'i.e., street=_, sewers, water mains and landscaping, etc.). The issuer of the Letter of Credit will sign the Improvements Agreement acknowledging the agreement and its cost estimates. 8.1.5 The Letter of Credit shall specify that 15% of the total Letter of Credit amount cannot be drawn upon and will remain available to Weld County until released by Weld County. 8.1.6 The Letter of Credit shall specify that the date of proposed expiration of the Letter of Credit shall be either the date of release by Weld county of the final 15%, or one year from the date of Final Plat approval, whichever occurs first. Said letter shall stipulate that, in any event, the Letter of Credit shall remain in full force and effect until after the Board has received sixty (60) days written notice from the issuer of the Letter of Credit of the pending expiration. Said notice shall be sent by certified mail to the Clerk to the Board of County Commissioners. • 8? Trust Deed upon all or some of the proposed development or other property acceptable to the Board of County Commissioners provided that the following are submitted: 3.'_.1 In the event property within the proposed development is used as collateral, an appraisal is required of the property in the proposed development by a disinterested NLA.I. member of the American Institute of Real Estate Appraisers indicating that the value of the property encumbered in its current degree of development is sufficient to cover 100% of the cost of the improvements as set forth in the Improvements Agreement plus all costs of sale of the property. 8.2.2 In the event property other than the property to be developed has been accepted as collateral by Weld County, then an appraisal is required of the proper' by a VLA.I. member of the Institute of Real Estate Appraisers indicating, that the value of the property encumbered in its current state of development is sufficient to cover 100% of the cost of the improvements as set forth in the Improvements Agreement pius all costs of sale of the property. 3.2. .A title insurance policy insuring :hat the Trust Deed creates a valid encumbrance which is senior to all other liens and encumbrances. 8.2.4 A building permit hold shall be placed on the encumbered property. 3.3 Escrow Agreement that provides at least the following: 5 Revisee 1=95 • 3.3.1 The cash in escrow is at least equal to 100% of the amount specified in the Improvements Agreement. 8.3.2 The escrow agent guarantees that the escrowed funds will be used for improvements as specified in the agreement and for no other purpose and will not release any portion of such funds without prior approval of the Board. 3.3.3 The escrow agent will be a Federal or State licensed bank or financial. institution. 3.3.4 If the County of Weld County determines there is a default of the Improvements Agreement, the escrow agent, upon request by the County, shall release any remaining escrowed funds to the County. 3.4 A -u' rety bond given by a corporate surety authorized to do business in the State of Colorado in an amount equivalent to 100% of the value of the improvements as specified in the Improvements Agreement. 8.5 A cash deposit made with the County equivalent to 100% of the value of the improvements. 9.0 Request for Release of Collateral:: Prior to release of collateral for the entire project or for a portion of the project by Weld County, the Applicant must present a Statement of Substantial Compliance from an Engineer registered in Colorado that the project or a portion of the project has been completed in substantial compliance with approved plans and specifications documenting the following: 9.1 The Engineer or his representative has made regular on-site inspections luring the course of construction and the construction plans utilized are the same as those approved by Weld County. 9.2 Test results must be submitted for all phases of this project as per Colorado Department of Transportation Schedule for minimum materials sampling, testing and inspections found in CDOT Materials Manual. 9.3 "As built" plans shall be submitted at the time the letter requesting release of collateral is submitted. The Engineer shall certify that the project "as built" is in substantial compliance with the plans and specifications as approved or that any material deviations have received prior approval from the County Engineer. 9.4 The Statements of Substantial Compliance must be accompanied, if appropriate, by a letter of acceptance of maintenance and responsibility by the appropriate utility company, special district or town for any utilities. 9.5 A letter must be submitted from the appropriate Fire Authority indicating the fire hydrants are in place in accordance with the approved plans. The letter shall indicate if the fire hydrants are operational and state the results of fire flow tests. 9.6 The requirements in 9.0 thru 9.3 shall be noted on the final construction plans. 6 Ravtsed l 1'95 9.7 Following the submittal of the Statement of Substantial Compliance and recommendation of approval of the streets by the County, the appiicant(s) may request release of the collateral for the project or portion of the project by the Board. This action will be taken at a regularly scheduled public meeting of the Board. 9.3 The request for release of collateral shall be accompanied by "Warranty Collateral" in the amount of 15% of the value of the improvements as shown in this Agreement excluding improvements fully accepted for maintenance by the responsible governmental entity, special district or utility company. 9.9 The warranty collateral shall be released to the applicant upon final approval by the Board of County Commissioners. 10.0 Public Sites and Open Spaace: When the Board of County Commissioners, pursuant to a rezonir.g, subdivision or planned unit development, requires the dedication, development and/or reservation of areas or sites other than subdivision streets and utility easements of a character, extent and location suitable for public use for parks, greenbelts or scaools, said actions shall be secured in accordance with one of the following alternatives, or as specified in the F LID plan, if any: 10.1 The required acreage as may be determined according to the Weld County Subdivision Regulations shall be dedicated to the County or the appropriate school district for one of the above purposes. Any area so dedicated shall be maintained by the County or school district. 10.2 The required acreage as determined according to the Weld County Subdivision Regulations, may be reserved through deed restrictions as open area, the maintenance of which shall be a specific obligation in the deed of each lot within the subdivision. 10.3 In lieu of land, the County may require a payment to the County in an amount equal to the market value at the time of final plat submission of the required acreage as determined according to the Subdivision Ordinance. Such value shall be determined by a competent land appraiser chosen jointly by the Board and the Applicant. The cash collected shall be deposited in an escrow account to be expended for parks at a later date. 1 !.0 Success:ors and Assigns: This Agreement shall be binding upon the heirs, executors, personal representatives, successors and assigns of the Applicant, and upon recording by the County, shall be deemed a covenant running with the land herein described, and shall be binding upon the successors in ownership of said land. IN WITNESS WHEREOF, the panics hereto have caused this Agreement to be executed on the c.ay and year first above written. Revised 1195 BOARD OF COUNTY CONE IISSIONERS WELD COUNTY, COLOR.-1D0 A fIhST: Weld County Clerk to the Board BY: Deputy Clerk :o the Board APPROVED AS TO FORM: _ County Attorney APPLICANT BY: (title) Subscribed and sworn to before me.this. day of , 19 My Commission expires: Notary Public 8 Ze iised 1'/95 EXBIT "A" Name of Subdivision: ____Lluwr 6.0e. t•1 P. V. D. Filing: r �►. _ _ -I Location: 4i-ty0-'}b Ir. +Le S�1t ,c 4Gvi'IOr. t�l-�-tltp. ` tl CA:bow- , C D Intending to be Legally bound, the undersigned Applicant hereby agrees to provide throue:out this subdivision and as. shown an the subdivision final plat County dated 19 , recorded on , 19 , in Book , Page No. Reception No. , the following improvements. (Leave spaces blank where they do not apply) Estimated Improvements Unit Cost Construction Cost Street grading. 4 4.-lq alt' 41. t'S,boo . DO Street base #L. oo .t. .-� Street paving # 4.oo 446.441. 'Io -4 I I .Co Curbs. gutters. & culverts Sidewalk Stouzn sewer facilities Retention ponds _ Ditch improvements Subsurface drainage SanitaLv sewers Sanitary sewers Trunk & forced lines Mains Lateral§ (house connected) On-site sewage facilities On-site water su;pj & storage Water mains-Includes Bole (6xr4TtiraG\ Fire hydrants Survey & street rnonumer.ts & boxes Street lighting Street name signs 4',ov eo.G1. 42oo.op Fencing requirements Landscaping (*r. - t'Z tw+ rk�,� 4 Lo 02 U* 4 tZ.00.co Park improvements Road Culvert 4W. O l.F W3O•vo Grass Lined Swale / f.6-.i66aa6 # 0473 S%. 4%Ao.00 Telephone 44A.9.00 prr 1a+ 44Soo. Gas (rtwrtols.) Electric loop.oo Fe.,- to+ 1 tpDDD.�0 Water Transfer SUB-TOTAL 31 .131*.00 9 Revised 12:95 Engineering and Supervision Costs 45,000.OO (testing, inspection, as-built plans and work in addition to preliminary and final plat; supervision of actual construction by contractors) TOTAL ESTIiNNA1hD COST OF IMPROVEMENTS AND SUPERVISIONS 94 i;t .0° The above improvements shall be constructed in accordance with all County requirements and specifications, and conformance with this provision shall be determined solely by Weld County, or its duly authorized agent. Said improvements shall be completed according to the construction schedule set out in Exhibit "B". (In corporation, to be Signed by President and attested to by Secretary, together with corporate seal.) Date: , 19 10 Revised 12:95 EXHIBIT "B" Name of Subdivision: P. V. D. Filing: 04. Location: +Ls S'Jz .4 46GT.►- W•4- Lois, 11.l.lti Intending to be legally bound, the undersigned Applicant hereby agrees to construct the improvemeatsshown on the final subdivision plat of Subdivision, dated 19 , Recorded on 19 . in Book Page No. Reception No. , the following schedule. All improvements shall be completed within years from the date of approval of the final plat. Construction of the improvements listed in Exhibit "A" shall be completed as follows: (Leave spaces blank where they do not apply.) Improvements Time for Completion Site trading (4Te4W &RAP1 16) JAI / Aog.)..k Mick Street base _, Jv1y �A„s1..� 1999 _ Street paving Ai,e;1 2coo Curbs,gutters, and culverts _ Sidewalk - Storrr ewer facilities (F:PA-a Gut-vat-vs) J.,ly f Aurt,.c-l- Ig`l9 _ Retention ponds _ Ditch improvements _ Subsurface drainage Sanita(v sewers Trunk and forced lines MaiIIs_ Laterals (house connected) On-site sewage facilities On-site water supply and storage Water mains (ypxKrioc,) Fire hydrants ._ Survey & street monuments & boxes Street lighting Street name sighs Fencing recd e_ments _ Landscaping f6-5Ertdaml 4gA•c►..bo. J Dv-6bGe 1919 _ Park improvements _ Telephone Sjp4.4.-.6er 1919 Gas Electric 4crVe..-,be.r Water Transfer 69.4- .§...be., 1999 _ Sub-Total 4fe,1 7.oco l 12." . R::vISC The County, at its optior., and upon the request by the Applicant, may =rant an extension of time for completion for any particular improvements shown above, upon a showing by the Applicant that the above schedule cannot be met. Cif corporation, to be signed by President and attested to by Secretary, together with corporate seal.) Date: , 19 a^formaor,vam.ab R;:v,.see i„cf I tot dignicl Weld County Referral Q May 18, 1999 COLORADO The Weld County Department of Planning Services has received the following item for review: • Applicant David & Kayleen Hunt / Case Number S-493 • erry &Janice Wiedeman • • Please Reply By June 8, 1999 Planner Julie Chester • Project !DUD Final Plan _ Legal Lot B of RE-2112; the S2 of Section 14, T4N, R66W of the 6th P.M., Weld County, Colorado. Location West of and adjacent to State Highway 85, north of and adjacent to Highway 256 and east of and adjacent to Weld County Road 33 • Parcel Number 1057 14 300068 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Weld County Plannirg Commission Hearing (if applicable) ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ❑ We have reviewed the request and find no conflicts with our interests. l See attachr.d lotler Lvrarn L4 �9 �y L/ �� Comments://l1t t-s} r 5 like "LireFarm 4,4_4 we /feed pr v ff e4 OD a-PA t�reri e-Tm.-6{/ C- v ro b I e.m 3 do �er6u6 in-bcr3e- Ttt ,t , Signature 6lcp • Date 5,17/ Agency G_Det�C'D +Weld County Planning Dept. +1555 N. 17th Ave. Greeley, CO. 80631 +(970)353-6100 ext.3540 +(970)304-6498 fax A-Ift jiviHst, MEMORANDUM II , TO: Julie Chester, W.C. Planning DATE: June 1, 199 \ 0�,� C`/ FROM: Trevor Jiricek, W.C. Health Departmen J' J COLORADO CASE NO.: S-493 NAME: Wiedeman/Hunt The Weld County Health Department has reviewed this proposal. Our staff have also observed the proposed site. The application has addressed water and sewer service. Water will be provided by the Central Weld County Water District, and sewer will be provided by the individual septic systems. As you are aware, our Department has also reviewed the Sketch Plan and the Change of Zone for this development. This application is very similar to the Change of Zone application. As a result, our recommended conditions will be similar to those that we submitted for the Change of Zone. They are as follows: 1) No permanent disposal of wastes shall be permitted at this site. 2) The maximum permissible noise level shall not exceed the residential limit of 55 db(A) as measured according to 25-12-102, Colorado Revised Statutes. 3) All residential homes and commercial uses shall be served by the Central Weld County Water District. 4) An individual sewage disposal system, is required for each proposed home and the proposed commercial structure. Each system shall be installed according to the Weld County Individual Sewage Disposal Regulations. 5) The "Right to Farm" covenant shall be placed on the plat. If you have any questions, please call me at extension 2232. tj/S-493 Weld County Planning Dept. JUN 07 1999 RECEIVED 0----"NsHi: Weld County Referral O May 18, 1999 0 COLORADO The Weld County Department of Planning Services has received the following item for review. Applicant David & Kayleen Hunt / Case Number S-493 Terry & Janice Wiedeman • Please Reply By June 8, 1999 Planner Julie Chester Project PUD Final Plan Legal Lot B of RE-2112; the S2 of Section 14, T4N, R66W of the 6th P.M., Weld County, Colorado. Location 'Nest of and adjacent to State Highway 85, north of and adjacent to Highway 256 and east of and adjacent to Weld County Road 33 Parcel Number 1057 14 300068 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the applicaton, please call the Planner associated with the request. Weld County Planning Commission Hearing (if applicable) ❑�e have reviewed the request and find that it does/does not comply with our Comprehensive Plan U7 We have reviewed the request and find no conflicts with our interests. U See attached lever. // > Comments: Or!4dQ7o. fr .E4c(n hui/ch.), S'ete_ SMce/ L. Ls,2, d 4QnJ Fnq.n /aa,-• orczrc.tii 1"e c- Llc.c4.cr..I Li/ rh STrr n /= 0()Aro cf,jOrnrrlz 7' O [`'�Qrhticat En?14.Ror%ny eocrwIrk 6/wa rtnAI ai r' -e / rink. o f baud r m 1-Qf .r aP,0Ilcte. 1O;-, - Signature Cr2/6/0 Date Sit09 Agency C'j7 , l� iv MVO r i t +Weld County Planning Dept. 4.1555 N. 17th Ave. Greeley,CO.80631 fi(970)353-6100 ext.3540 S(970)304-6498 fax 'i , Weld County Referral 0'Ittl May 18, 1999 0 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant David & Kayleen Hunt / Case Number S-493 Terry & Janice Wiedeman • Please Reply By Lune 8, 1999 Planner Julie Chester Project PUD Final Plan Legal Lot B of RE-2112; the S2 of Section 14, T4N, R66W of the 6th P.M., Weld County, Colorado. Location 'Nest of and adjacent to State Highway 85, north of and adjacent to Highway 256 V1CSCO and east of and adjacent to Weld County Road 33 Parcel Number 1057 14 300068 20 MAY 93 IL: 41 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the applicaton, please call the Planner associated with the request. Weld County Planning Commission Hearing (if applicable) / l We have reviewed the request and find that it does/does not comply with our Comprehensive Plan We have reviewed the request and find no conflicts with our interests. A ❑ See attached letrer. Comments: Signature 717 ��Y4,04.-vCr� , l Date �� -!„�';X Agen r 9 4-Weld County Planning Copt. 41555 N. 17th Ave. Greeley,CO.80631 4(970)353-6100 ext.3540 4(970)304-6498 fax Planning ft \ Weld County field County Referral O ' JUN 15 1999 May 18, 1999 COLORADO RECEIVED The Weld County Department of Planning Services has received the following item for review: • Applicant David & Kayleen Hunt / Case Number S-493 Terry & Janice Wiedeman Please Reply By June 8, 1999 Planner Julie Chester Project PUD Final Plan Legal Lot B of RE-2112; the S2 of Section 14, T4N, R66W of the 6th P.M., Weld County Colorado. • Location West of and adjacent to State Highway 85, north of and adjacent to Highway 256 and east of and adjacent to Weld County Road 33 • Parcel Number 1057 14 300068 • The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideratior to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the applicalion, please call the Planner associated with the request. Weld County Planning Commission Hearing (if applicable) U We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ❑ We have reviewed the request and find no conflicts with our interests. U See attached letter. —-_ - Comments: t .A.S is o✓1u e' i n4e/t 5c 4-i O-n 3 c-✓1 3-1&5 4:, _k \ W `Boa+ tilt 1t b_ to ar 9vi c33 ptr l t 85 Accts 9 T f r� \ I ARE ., l_,onfrc ( Pic�(1 , Ic COu v'f�l.+ s}v,,,dd (i �Y,�i b Le.,) h`c CAOt. ale +W pro p'+y c'4s_c-U. cod ed .(wrr fl ire-al Signature ( � ,(S Date ©' ct� Agency CZ,CT ?Weld County Planning Dept. 41555 N. 17th Ave. Greeley, CO. 80631 4(970)353-6100 ext.3540 4(970)304-6498 fax (.0-7rThcit4pi Weld County Refer ral W111iD € May 18, 1999 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant David & Kayleen Hunt / Case Number S-493 • Terry &Janice Wiedeman • Please Reply By June 8, 1999 Planner Julie Chester Project DUD Final Plan Legal Lot B of RE-2112; the S2 of Section 14, T4N, R66W of the 6th P.M., Weld County, Colorado. Location nest of and adjacent to State Highway 85, north of and adjacent to Highway 256 and east of and adjacent to Weld County Road 33 Parcel Number 1057 14 300068 • The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Weld County Planning Commission Hearing (if applicable) ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan U We have reviewed the request and find no conflicts with our interests. U See attached let`er. Comments: The school bus will pick up students on Weld County Road 33. Signature //II Date o c,7 7- / Agency 44-4O Gd, SGivL z2is% /k- +Weld County Planning ID apt. }1555 N. 17th Ave. Greeley,CO. 80631 +(970)353-6100 ext.3540 :•(970)304-6498 fax MEMORANDUM ititt ‘rTO: Julie Chester, Planner DATE: June 8, 1999 ipt FROM: Donald Carroll, Engineering Administrator jai'sNN�� iza SUBJECT: S-493; David & Kayleen Hunt/Terry & Janice Wiedeman COLORADO The Weld County Public Works Department has reviewed this proposal. This project falls primarily under the purview of the Weld County Planned Unit Development/Urban Development Mode Standards. Our requirements are as follows: 1. Improvements Agreement: I have reviewed the unit cost and completion schedule section of the Improvements Agreement According Policies Regarding Collateral for Improvements (Private road Maintenance). All items appear to be adequate and I have no conflict with the internal improveme.its agreement. The applicant shall enter into a Road Maintenance and Improvements Agreement or utilize the internal agreement for upgrading and paving of WCR 33 from State Highway 256 through the radius of the entrance, a distance of 400± feet. 2. County Road Cross Section: The applicant shall place, on the plat, a typical cross section reflecting right-of-way width and depth of asphalt or full depth asphalt, base, and shoulder. cc: S-493 plan22 Weld County;Planning Depr. JUN 10 1999 RECEIVED RECEIVED (THt14,0 MAY 21 1999 VVEPUBLIC LwORK5 DEPT Weld County Referral Q May 18, 1999 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant David & Kayleen Hunt / Case Number S-493 Terry &Janice Wiedeman • Please Reply By Lune 8, 1999 Planner Julie Chester Project PUD Final Plan Legal Lot B of RE-2112; the S2 of Section 14, T4N, R66W of the 6th P.M., Weld County, Colorado. • Location 'Nest of and adjacent to State Highway 85, north of and adjacent to Highway 256 and east of and adjacent to Weld County Road 33 • Parcel Number 1057 14 300068 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the applicat on, please call the Planner associated with the request. Weld County Planning Commission Hearing (if applicable) ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ❑ We have reviewed the request and find no conflicts with our interests. Xi See attached letter. Comments: Signature t-9 }9 Date 67,E �j c‘ Cl Agency (A K- +Weld County Planning Dlpt. +1555 N. 17th Ave.Greeley, CO. 80631 +(970)353-6100 ext.3540 4.(970)304-6498 fax a f I, eL,, AIR Weld County Referral r ; 0 May 18, 1999 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant David & Kayleen Hunt / Case Number S-493 Terry & Janice Wiedeman • Please Reply By June 8, 1999 Planner Julie Chester Project PJD Final Plan _ • Legal Lot B of RE-2112; the S2 of Section 14, T4N, R66W of the 6th P.M., Weld County, C Dlorado. Location West of and adjacent to State Highway 85, north of and adjacent to Highway 256 and east of and adjacent to Weld County Road 33 Parcel Number 1057 14 300068 • • The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Weld County Planning Commission Hearing (if applicable) D WW have reviewed the request and find that it does/does not comply with our Comprehensive Plan [4..........„e SY We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. Comments: Io p.LL, j e do r►a ii_, �x�1 A 64,r_ toote Jl _2 ca k4 i C-I--r /x QQ , lit F^� =7": Date 6' Signature Agency cp +Weld County Planning Dept. +1555 N. 17th Ave. Greeley, CO.80631 +(970)353-6100 ext.3540 4(970)304-6495 fax , WELD COUNTY,COLORADO DEPARTMENT OF PLANNING SERVICES --- PLEASE TAKE THIS SLIP TO THE FRONT DESK -- DATE _i51/ 3 /6K 0-- Lig) RECEIVED FROM ;1'V"--" /" - bedanGv-ka _. NO. TYPE FEES I 4221 -REISE 4221 .ZPM HIMHZPIZPAD 4221 USR 4221 .SITE PLAN REVIEW 4221-COZ 4221 - 4221 -SUBDIVISION /12;c / 53fI c.D 4221- - -- - 4221 .MINOR SUB 4221 -FHDPIGHDP 4221 .REP LAT 6560-RECORDING FEE 4430-MAI'S/PUBLICATIONS 4730-INVESTIGATION FEE 4430-POSTAGEIHANDLING ON-CALL PLAN 4/a , 53t .2 I ❑ CASH ECRN0: 3 TOTAL RECEIPT# -37347 DEPARTMENT OF PLANNING SERVICES Weld County Administrative Offices, 1400 N. 17th Avenue, Greeley, Colorado 80631 Phone: (970)353-6100, Ext. 3540, Fax: (970) 352-6312 PLANNED UNIT DEVELOPMENT PLAN APPLICATION FOR PLANNING DEPARTMENT USE ONLY: Case Number Application Fee: Zoning District Receipt Number Date Application Checked By: Plan;er Assigned to Case: BE COMPLETED BY APPLICANT: (Print or type only except for required signatures). • I (we), the undersigned, hereby request a hearing before the Weld County Planning Commission and the Board of County Commissioners concerning proposed subdivision of the following described unincorporated area of Weld County. LEGAL DESCRIPTION: I'4'r 5 op Kecc o Exca rrinw lt1-W-3-P.✓E V i 4%rustc 1N TUS Soui I. M.p' of SEc.TIP 14-41-lob, ‘F-16W COLatJTi, CL). (If additional space is regi ired, attach an additional sheet of this same size.) tom. PARCEL NUMBER: ! (12 digit number found on Tax I.D. Information or obtained in the Assessor's Office.i D l I t--} 3 C.OO ko'b NAME OF PROPOSEDPUDSUBDIV1SION riva.r- \ova-tem... .J P. U. D. EXISTING ZONING icA t.TtJ L NO.OF PROPOSED LOTS tit 1-c,rs TOTAL AREA (ACRES) .44-!. LOT SIZE: AVERAGE I'1.41 ± MINIMUM t UTILITIES: WATER: NAME (.E,,irr,4►t- WEyw c.QW.tr4 worse- Dur+TP.►Gr SEWER: NAME os.s- Iron t T L. CPropit.se..4 _ GAS: NAME Ftopp J.E. PHONE: NAME yaBSr ELECTRIC: NAME fL$t.aG SEp..1./tc.s DISTRICTS: SCHOOL: NAME 'J j i FIRE: NAME LL. SP&u.E RRE DEPt11 rw.ww- DESIGNER'S NAME rEe4v tL.t.. L-44v Su¢uEft►aca }c.. PHONE ADDRESS 13O1 4. CCEJ�1.44.D A . Lvs/61 wlik C.47 r6oST1 PHONE(q-tai Loth- ENGINEERS NAME irk EajGtagjEtilut= PHONE ADDRESS PHONE SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSEQ FOR PQD REZONING: NAME: Tt>•sti L. 4: x W HOME TELEPHONE tricA 13'1-VV ADDRESS: IA 972,4 v1�� y1 ighmacIL _ C.o SotAs-t BUS.TELEPHONE:("61,41,. "qy? NAME: D1►vka W. * k +N t, t.s T' Nvrxr HOME TELEPHONE pi-it.)-71-1. z'i3-f ADDRESS: ±4_tit.D R-prr-evit.t„� C--c) 9x , i BUS.TELEPHONE: j/4 APPLICANT OR AUTHORIZED AGENT (if different than above) NAME: TijrE .w.► SuwrEN►►.►G, ,.sc.. HOME TELEPHONE _414 ADDRESS: t7,c'i kt. C.I.Ev >,►o blE , L.c4,r>4►..►o, Lo 543-1 BUS.TELEPHONE:j'y_to) Loto9- oSW, OWNER(S) AND LESSEES OF MINERAL RIGHTS ON OR UNDER THE SUBJECT PROPERTIES OF RECORD IN THE WELD 0OUNTY ASSESSOR'S OFFICE: NAME: ADDRESS: _Dec-te.. SGv w-1-h4-�I..e. ) 114,4- r-rP IN\rser.. Q . .— NAME: ADDRESS: ure: Owner or Authorized Agent Revised: 3-28-96 25 s7C) I Lill 1, 1111111IIII1111111 LIME IIIIIIIIIIII le 2593519 02/10/1998 10:54A Weld County CO 1 of 2 R 11.00 D 28.00 JP Sukl Taukamoto =:===-. • THIS DEED , Made this day of February 05, 1998 between GEIST PIVCVXA. INV. PARTNERSHIP, A GENERAL PARTNERSHIP • of the County of WELD and State of • • Colorado, of the first pcirt, and • TERRY L. WIEDEMAN AND JANICE L. WIEDE4AN, TENANTS IN comay AS3. TO TN UNDIVsolar E 1 2 AS TO AN UNDIVIDED 1/2 INTEREST NTEREST AND DANID W. HUNT AND YLEIN J. HUNT, • JOINP TENANTS,1, f whose legal address is I U`'1 3 1 03 �-Q. L � V lcukoi Ik `A ��(0 S 1 �' G OU of the County of WELD and State of Colorado, of the second part. • WITNESSETH, That the said party of the first part, for and in consideration of the sum of (***$260,000.00 ) • TWO HUNDRED SIXTY THOUSAND DOLLARS AND 00/100THS • to the said party of the first part in hand paid by the said party of the second part, the receipt dhereof is hereby acknowledged and confessed, has bargained, granted, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the said party of the second part, his heirs and assigns forever, all the following described lot". or parcel of land, situate, lying and being in the County of WELD and State of Colorado, to wit: SW EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF: • • • • • also known as street number VACANT LAND • TOGETHER with all and singular and hereditaments and appurtenances thereto belonging, or in anywise appertaining and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, • right, title, interest, claim and demand whatsoever of the said party of the first part, either in law or equity,of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the said party of the second part, his heirs and assigns forever. And the said party of the first part, for himself, his heirs, executors, and administrators, does covenant, grant, bargain, and agree to and with the said party of the second part, his heirs and assigns, that et the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and encumbrances of whatever kind or nature soever; EXCEPT GENERAL TAXES AND ASSESSMENTS FOR THE YEAR 1;93 AND SUBSEQUENT YEARS AND SUBJECT TO EASEMENTS, RESERVATIONS, • RESTRICTIONS, COVENANTS AND RIGHTS OF WAY OF RECORD, IF ANY; • and the aboved bargained premises in the quiet and peaceable possession of said party of the second part, his heirs and assigns against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said party of the first part shall and will WARRANT AND FOREVER DEFEND. The singular number shall include the plural, . the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the said party of the first part has hereunto set his hand and seal the day and year first above written. A' / )Y (SEAL) r2SPIIP f I PARTNERSHIP • • BY: ALVIN B. GEIST, GIZNbRAL PARTNER (SEAL) P , I ' SfATE OF COLORADO I County of 1 (SEAL) WELD > ss. 1 • • • The foregoing instrument was acknowledged before me on this day of February 05, 1998 • • • , by ALVIN B. GEIST AS GENERAL PARTNER OF GEIST PIVCNNCA INV. PARTNERSHIP, A GENERAL PARTNERSHIP /I • • My c :7-•-• c_____4 Wit ss my happ_iEssl. ('JJNOIC , /, ' ) 1 ITSTATADO4-0- ea Notary Public My Commleelon Explras B-10-2001 • Form WD {J RANTY DEED For Photographic Record 1902330 ^•• 9_181459 FC 1 81459 • Y�1 ilia m1 4--10 • . '3g3S vd'(�" VZ 7lfrf[ villa Lo rUw "EXHIBIT A" LOT B, RECORDED EXEMPTION NO. 1057-14-3-RE2112, RECORDED DECEMBER 10, 1997 AT RECEPTION NO. 2583674, IN BOOK 1637, BEING A PORTION OF THE SOUTH HALF OF SECTION 14, TOWNSHIP 4 NORTH, RANGE 66 WEST OF THE SIXTH PRINCIPAL [MERIDIAN, COUNTY OF WELD, STATE OF COLORADO. IOGETHER WITH THAT CERTAIN IRRIGATION WELL KNOWN AS THE ECYH4RDT WELL #1-12736 LOCATED ON THE WESTERLY PORTION OF LOT A OF RECORDED EXEMPTION #1057-14-3-RE2112, RECORDED DECEMBER 10, 1597, AT RECEPTION NO. 2583674 IN BOOK 1637; BEING A PORTION OF THE SOUTH HALF OF SECTION 14, TOWNSHIP 4 NORTH, RAVE 66 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO; AND ALSO, THE NON-EXCLUSIVE USE OF THE EXISTING IRRIGATION DITCH RUNNING SOUTHERLY FROM SAID WELL ALONG THE WESTERLY SIDE OF LOT A OF RECORDED EeCEN2i1i1ON #1057-14-3-RE2112. 1CGETHER WITH THE NON-EXCLUSIVE USE OF TWO EXISTING IRRIGATION DITCHES RUNNING ACROSS THE EAST 1/2 OF THE SOUTHEAST 1/4 OF SECTION 15, TOWNSHIP 4 NORTH, RANGE 66 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO. EXCEPTING AND RESERVING UNTO THE GRANTORS ALL OIL, GAS AND OTHER MINERAL RIGHTS, TOGETHER WITH THE RIGHT OF INGRESS, EGRESS AND REGRESS FOR TEE PURPOSE OF DG'LORATION AND PRODUCTION OF SAID MINERALS. 1111111 liii! 111111 JIII 1111111 Ell 1111111111111111111111 2593519 02/10/1998 10:54A Weld County CO 2 of 2 R 11.00 D 26.00 JA Suit! Tsukamoto Intermill Land Surveying -Registered in Colorado 8 Wyoming e • 1301 N. Cleveland Ave. -,� Loveland, Colorado 80537 (303) 669-0516 Job No: — O}Lc> • Ll l c'4 Date: i I -01°'1 To: W-tkJ Attention: '\ u ,�. (71-%1/2 l.c,r- RE: tj;`) ,I .VV.....• — Remarks: II o c)txis t?J- ir% ��is C S z CcJ L 1? "'• , IcAvy_ C/V'7/ Gy IS-C.4-1/Q 1 S Sincerely; INTERMILL\ LAND \ SURVEYING, INC. By: �rZJ� ' A-n(14 Report Date:05/13/99 01:56PM WELD COUNTY TREASURER Page: 1 CERTIFICATE OF TAXES DUE CERT#:7915 SCHEDULE NO: R7332098 ORDER NO: ASSESSED TO: VENDOR NO: WIEDEMAN TERRY L&JANICE L& STEVE STENCEL 1/2 INT(TC) 13434 WELD CO RD 42 PLATTEVILLE, CO 80651 LEGAL DESCRIPTION: LOT B RE-2112 PT S2 14 4 66 (1.08R16RR1 D) PARCEL: 105714300068 SITUS ADD: WELD TAX YEAR CHARGE TAX AMOUNT INT AMOUNT ADV,PEN,MISC TOTAL DUE TOTAL TAXIES 0.00 TAX YEAR ASSESSMENT ASMT AMOUNT INT AMOUNT ADV,PEN,MISC TOTAL DUE TOTAL ASMT 0.00 TAX YEAR TAX LIEN SALE TLS AMOUNT INT AMOUNT REDEMPT FEE TOTAL DUE TOTAL STATEMENT 0.00 GRAND TOTAL DUE GOOD THROUGH 05/13/1999 0.00 ORIGINAL TAX BILLING FOR 1998 TAX DISTRICT 0104- Authority Mill Levy Amount Values Actual Assessed WELD COUNTY 22.038 250.14 Land 39151 11350 SCHOOL DIST R.E1 41.289 468.62 Exempt 0 0 NCW WATER 1.000 11.35 Improve 0 0 CCW WATER 1.144 12.98 ------- —•- CCS WATER 1.889 21.44 Total 39151 11350 LASALLE FIRE 4.292 48.71 AIMS JUNIOR COL 6.253 70.97 WELD LIBRARY 1.449 16.45 79.354 900.66 - TAXES FOR 1998 FEE FOR THIS CERTIFICATE 10.00 ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURERS OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES-AUGUST 2, REAL PROPERTY AUGUST 2. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK. SPECIAL TAXING DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE ON FILE WITH THE BOARD OF COUNTY COMMISSIONERS,THE COUNTY CLERK,OR THE COUNTY ASSESSOR. This certificate does not include land or improvements assessed under a separate schedule number,personal property taxes, transfer tax or misc.tax collected on behalf of other entities,special or local improvement district assessments or mobile homes, unless specifically mentioned. I,the undersigned,do hereby certify that the entire amount of taxes due upon the above described parcels of real properly and all outstanding sales for unpaid taxes as shown by the records in my office from which the same may still be redeemed with the amount required for redemptior are as noted herein. In witness whereof, I have hereunto y han nd al thi 05 3/99. TREASURER,WELD COUNTY,ARTHUR L.WILLIS II, BY ///(///rli// P.O. Box 458 Greeley,CO 80632 (970)353-3845 ext.3290 Loveland STEWART TITLE Greeley ;;._L :4. ! rani Ave. M.A.LN OFFICE AND TITLE PLANT 3459 W. 2Oth Street ,velacd. CO 3O338 Suae 222 3665 John F. Kennedy Park-may Greeley. CC) SO631. a i 5o4O,T Building 2, Suite 100 ,97OJ 669-xO73 Fort Collins. CO 80525 (97O) 356-5573 (970) 226-4399 Fax X9.O) a56-?G5 Estes Park Title Fax (970) 282-0822 :63 E. Elkalotn Ave. Escrow Fax {970) 226-4499 P.O. Box 371 Estes Park, CO 6O517 (970) 536-3566 Fax(97O) 586-3578 May 6'5, 1335 ORDER NC. 99056531 RE: WI3DEYEANi-r(L^TT'TBD EIREPS yUOflONEERS RE.'AL EST-_"T3 928 13TE. STREET SUITE 1 ,K„s Z., OREETEY, CO, 80631 ' :TES-2:C T: TERRY ialESE:2'AN Cri air.al + I Copy cor.nscsitn •c it1; the above Order No ,Te are transmittdna the fallowing•. -,tie Commitment Endorsement PoIlcy :-::x Ceroifrcate Xs (TO FOLLOW) For..eolosurs Certificate Other T3i2-^T;; ytu -c._ your nT1r.la Insurance and Escrow Llos1npil n e eas . atse ecec y "STEW-TART TETLE SERIZT_CES 1-^- t:c f .tu=e, 1J'-', rave <:ny gtiest'_Of5 regarding this Co:m',itmert, ;lease ca__- I - KIN STUART - 3REELI-' 0577.7E T i971) 350"-5573 . _F.A3d2. _... 32O:cr:-"-'Ts" - .OR= COLLINS CFFTM= 1.570) 3_99 . cc: STEtcART ___1E ESC OW7 - GREELEY TENTI;0N: KIDS STUART SCIYEDLZE A Order Number.' 39053531 I. Effective µ,_. ._ei_.... 25, L999 a* , . C A.M. 4- Amount of Insurance ?, porky or Polices to be issued: $ TBE la) A.L.T.A. Owner's 10-17-92 Proposed Insured: TO SE DETTF.T..ITEZ !b) A.L,TA. Loan _:c. 27_92 $ TBD Proposed Insured: (c) A.L,T.A. Loan :3 •17-92 •$ Proposed Insured, 5. The estate or iiidenest n the land described or referred to in this Commitment and covered herein is fee sample .h. e to the =et zirripib estate or interest in said land is or the effect/1e dare hereof erred in: L, WIEDENA;.,Y, D T-W: N. WONT AND :_7 Y S;T , S. Me land referred to it this Commitment is described as,follows: :,-.T 2, Y _.-. -CZMPi n,r LT0. iC57-1 3-2E2 7 7 RZCQRDEL ECE'MER _C. - 2Zc: i1'C '3674, TN PCn, 2-7^ Sc+rNG A PCR"_'=O,N CF THE TOW.:SHS? _ 'ORT._, RvNrGF, 66 [CST OF TtE ;TT C0T:77.. CF ,K-2LD, STATE of CO:Ott-,DO. Exam in : BECKY WATTS Ku:ported .4dd-FsA: STATEMENT OF CHARGES These charges are due and payable be-;are Policy can be issued, O%'ner's Pre^i u. $ 229 , 30 Mortgage Preniuri $ 75. 33 sex Cercii_C6tri $ 25. CC Form 100 S 30 . 03 Fo:"^: 5.1 $ 33 . 00 SCHEDULE B Section 1 order Nutnbe,.: _:p^'r•.5.._ REQUIREMENTS e;rents ro be cc-implied tritlt: ire/ "C,t -, : Sc (1 dt, the ceccunt of tl e grantors s or mortgagors of the MI consideration for the &State 07' interest ro be insured, hen': Prop ' io7 creating the estate or inreregt To be insaned »ii:,r be executed and duly Filed;for record. to wit. P. w r.., TOR IZZS CO22ClMENT SZ LL P ✓.:ATE I1TEC AT A ._AT7R .rn .. . .:t_S. --_._ __se_ rec the rLmCc to rake any eddizional RIC=REM_.. TS _. EZ.ZEFICIZrZ to zn__ commitment and any S_...segT en_ _EDOASENENTS thereto. tithe the ...i. '. .._ _: SOI aco: cne AMOU,,. (_) of LIABILITY .e ,e hoen DISCLOSED, ;c rra Deed __.or Vested Owner, ,_f.._ fee .._mple tine in p _.. a•se 4. Deed of «. .•-' .___ borrower to the ?L:b_io Trustee for the cse of .::e propose` _ande_ .,, ^o -e the loan. 5. te.:eaoe c_ Deed of Trust dated FEBETIA.RY 5, _Syr, executed by DAVID W. .C_ , ?.AiLEE:. _ . =_, TERRY C29,EE!✓.A A132) CAETCE L. ICIECEZZAN, to the Pub Lic trustee of iWEL: :aunty, to secure an indebtedness of 0_82, 000. 03, i.. _Favor of _A._. creo:._ c ^i ..__=.-_TA, recorded FEE GARY 20, l°`S at 3eceptior No. Os9'323, A10 O ,DE_ .:..-ti 3), 2.?98 AT RECEPTION :1G. 250625. C. =_-nett c_ a__ t,_..__ sod assessment. .._rent_ - du_ and payable, if any. . . .ee __ _ of sz___.rz_ t _repro ement Location Certificate. NCTE; ?c1 ic�1' wilt' __.a..o_.. exception to adverse m&-_- disclosed, if any. Commany wi_1 notify leader of any adverse ratters disclosed and Specific endorsements and the__ charges ...._.,.._ are available to the lender, if so desired. Notification must be given to. Stewart Title prior to closing cf any desired endorsements. C. _xc...fl_or 0t roe approved Lien Affidavit and its return to this ^`F' _. 'Lien Affidavit sect to :ender: on new loan, and to closer on an assumption or crash purchase.) NOTE, See a:cach:ed Exhibit A Notice re.2%ired by Colorado Statute regarding Special District;. FOR CLQ3Zr_t ATORI- TTON, PLEASE CALL TAE GREELEY OFFICE AT 973-356-5573. PLEASE 011cZ ALL CHECKS .AYA5LE TO ..TEWART TITLE 07 LARIZ.TE COUNTY, :NO. -..A SCHEDULE B =_ _ Section 2 Order Number: 990535_: EXCEPTIONS The policy or policies to to issued will contain exceptions ro the following wriest the Same ate disposed of to the satisfaction of the CoMpeny: zghts or claims of parties in vossess:on, not shown Lw the public records. 2. Easements, . i im. of easements, nor shown by, the public records. 1a r- i ctes, confricts in boundary lines. shortage in area, encroachments, and any facts which a correct surVe` (2,nd inspec:hon of the premises would disclose and which are not shown by the pub/l: record,. Airy dear, or'r!ggi r to a lien, for services, labor or material heretofore or hereafter shed, imposed by /at, . and no 7 >-.c;: the pubic records. S. Detects, ens, encionbrances, adverse claims or other matters, iant, created,first oppearitig 'r2 the public records or attaching subsequent to the effective dare hereof, but prior to the dare the proposed insured acquires of record jor Ya :!e roe estate or interest or mortgage thereon covered by 'pus ccrhnti'men,t. Lin patented ni,,'ing cairns, reservations or ex epnons in patents, or an ou durnoriz:ng the issuance thereof; -;gate, -igh:, claims or rude to water. . . .its and .e__ nnbaid :axes, cnredesred ta:7 dales. J . _ 1?D=L ct Way fter county =ado 27 feat v._ e_t:Er su_e of -c,.-::s:__io ______, es..sniished b_r _i.e Soar d of County niss Ccrioners for :ld County, `_recordeci Cct -er Y4, :se; in Book e6ac Pare ?S? , a;s h:d c.-the: DSD:,S2;D _._GF?'TS aS r9Sc_ .ed by Cc___ .'=70D;a r:tv. a::T72..R5 7? ._lorded 1722.P.77-?RY 20, 1991 at Page 25;25:.9, and any and a__ css_;L.-._..__ t:_eretf or _:ntere$ta therein. .v. __es� "- _• ._s. 7...dd,"-.. , s ipciations ficd _a.sement., i E _ , iriY.„^20' ;LC°1-2 ^Le iY ?CC2ED 1x.14=._.-'� 2cc57__ __ -2E_ __corded .iZCEe{raZP 13, _" ___ a:a :L6:3,7 3_ Reception Die. 2582674. _uE, . . b: .va- el:itches. rsisaivoirs, __.-_W_ . td'ra _ r•--' ;n^:_ __^es, %fac__ lines. ..__. -made a-4 _ '_Ccs _f ..ay and ease_^en;s therefor. --CEL jE2 EXHIBIT A _urs_ant to Senate Bill 91-la (C 3, 5. l?-122) Notice is hereby given that : e; The subject real property may be located in a special taxing district; certificate of taxes due listing each taxing jurisdiction may be obtained from the County Treasurer or the Count Treasurer's authorized agent; 7nformation regarding special districts and the boundaries of such districts may be obtained from the board or County Commissioners, the County Clerk and Recorder or the County assessor. rL__...an.. to Senate Bill J2--s'2 (C.R.S, 10-11-'122) Notice is hereby given teat : A ate of taxes due listing each taxing jurisdiction shall __ obtained from the Count; Treasurer er the County Treasurer' s authorized agent . ;JP' . 4PP7 —:TLE GFE7LE =.7 P WELD COUNTY REQUEST FOR TREASURER'S CERTIFICATE OF TAXES DC E FAX r(97C) 35:-;973 *'s 'PLEASE INC CDE SPECIAL ASSESMENTS MMF VENDOR STEWART TITLE VENDOR# _9 9 0585 3.. PARCEL# -__ and'orPEW R7332098 SELLER :EDE AN TERRY L. & JANICE L. & , MOBILE I OME NO. LEGAL DESCRIPTION: LOT B, RECORDED EXEMPTION NO. 1757-_4-3-RE2112, RECORDED DECEMBER 1v, 1997 AT RECEXTICbi NO. Z5BS674, TX BOOK 1637, BEING A PORTION CF THE SOUTH Ixr.LP OF SECTION 14, TOWNS:KIP 4 NORTH, RANGE 66 WEST OF THE 6TE P.m., COUNTY O: lAmmm, STATE OF =OLORA%O. 'c:A +f'''. . FE--LE 1 'A0.8:34 .•�• L WELD COUNTY REQUEST FOR TREASURER'S CERTIFICATE OF TAXES DUE FAX *;c,"0; 351-09"3 '""‘PLEASE INCLUDE SPECIAL ASSESMEN T S l VENDOR STE_WART TITLE . VENDOR 9905838 4 PARCEL. _ and/or PIN# R6353586 3 5 3 5 8 6 --- R SELLER. LINBERRY ROBERT & PAMELA L MOBILE HOME NO. - - -�-w-r LEGAL DESCRIPTION: LOTS 14, 15, AND 16, BLOCK 64, TOWN 07 UDSCN, COUNTY OP WELD, STATE OP COLORADO. IMPROVEMENTS AGREEMENT ACCORDING POLICY REGARDING COLLATERAL FOR IN.VIPROVEV ENTS (PRIVATE ROAD VLALNTENANCE) THIS AGREEMENT, made and entered into this day of . by and between the County of Weld,State of Colorado,acting through its Board of County Commissioners,hereinafter called "County", and i o ii& ILA-oa\ Teem vJ+ult.ra.n hereinafter called "Applicant". WITNESSETH: WHEREAS, Applicant is the owner of or has a controlling interest in the following described property in the County of Weld, Colorado: Lot B of Recordec Exemption No. 1057-14-3—RE 2112, recorded in book 1637, Reception No. 2583674, records of Weld County, being a portion of the South Half of Section 14, Township 4 North, Range 66 West of the 6th P.M., County of Weld, State of Colorado. WHEREAS, a final subdivision/PUD plat of said property, to be known as tA.JrA- V.I,04t.roe- P.0.D. has been submitted to the County for approval; and WHEREAS,_ of the Weld County Subdivision Ordinance provides that no final plat shall be approved by the County until the Applicant has submitted a Subdivision Improvement Agreement guaranteeing the construction of the public improvements shown on plans, plats and supporting documents of the subdivision, which improvements, along with a nine schedule for completion, are listed in Exhibits "A" and "B" of this Agreement. NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the acceptance and approval of said final plat, the parties hereto promise, covenant and agree as follows: 1.0 Lan:Leering Services: Applicant shall furnish,at its own expense,all engineering services in connection with the design and construction of the subdivision improvements listed on Exhibit "A" which is attached hereto and made a part of this reference. 1.1 The required engineering services shall be performed by a Professional Engineer and Land Surveyor registered in the State of Colorado, and shall conform to the standards and criteria established by the County for public improvements. 1.2 The required engineering services shall consist of, but not be limited to. surveys. designs, plans and profiles. estimates, construction supervision. and the :iu'bmissicn of necessary documents to the County. 1 Revised :=95 1.3 Applicant shall furnish drawings and cost estimates for roads within the subdivision to the County for approval prior to the letting of any construction contract. Applicant shall furnish one set of reproducible "as-built" drawings and a final statement of construction cost to the County. 2.0 Rights-pf-Wav and Fa e ents: Before commencing the construction of any improvements herein agreed upon, Applicant shall acquire, at its own expense, good and sufficient rights- of-way and easements on all lands and facilities traversed by the proposed improvements. 3.0 Construction; Applicant shall furnish and install, at its own expense, the subdivision improvements listed on Exhibit"A: which is attached hereto and made a part hereof by this reference, according to the construction schedule set out in Exhibit"B" also attached hereto and made a part hereof by this reference. 3.1 Said construction shall be in strict conformance to the plans and drawings approved by the County and the specifications adopted by the County for such public improvements. Whenever a subdivision is proposed within three miles of an incorporated community located in Weld County or located in any adjacent county, the Applicant shall be required to install improvements in accordance with the requirements and standards that would exist if the plat were developed within the corporate limits of that community. If the incorporated community has not adopted such requirements and standards at the time the subdivision is proposed, the requirements and standards of the County shall be adhered to. If both the incorporated community an the County have requirements and standards, those requirements and standards that are more restrictive shall apply. 3.2 Applicant shall employ, at its own expense, a qualified testing company previously approved by the County to perform all testing of materials or construction that is required by the County; and shall furnish copies of test results to the County. 3.3 At all times during said construction, the County shall have the right to test and inspect or to require testing and inspection of material and work at Applicant's expense. Any material or work not conforming to the approved plans and specifications shall be removed and replaced to the satisfaction of the County at Applicant's expense. 3.4 The Applicant shall furnish proof that proper arrangements have been made for the installation of sanitary sewer or septic systems, water, gas, electric and telephone services. 3.5 Said subdivision improvements shall be completed, according to the terms of this Agreement,within the construction schedule appearing in Exhibit "B". The Board of County Commissioners, at its option, may grant an extension of the time of completion shown on Exhibit"B" upon application by the Applicant subject to the terms of Section 6 herein. 2 Revised l2'95 4.0 Release of T___ iaabihrv: Applicant shall indemnify and hold harmless the County from any and all liability loss and damage county may suffer as a result of all suits, actions or claims of every nature and description caused by, arising from, or on account of said design and constriction of improvements, and pay any and all judgments rendered against the County on account of any such suit, action or claim, together with all reasonable expenses and attorney fees incurred by County in defending such suit, action or claim whether the liability, loss or damage is caused by, or arises out of the negligence of county or its officers, agents, employees, or otherwise except for the liability, loss, or damage arising from the intentional torts or the gross negligence of the county or its employees while acting within the scope of their employment. All contractors and other employees engaged in constriction of the improvements shall maintain adequate workman's compensation insurance and public liability insurance coverage, and shall operate in strict accordance with the laves and regulations of the State of Colorado governing occupational safety and health. (THERE IS NO SECTION 5) 6.0 Approval of Streets by the County: Upon compliance with the following procedures by the Applicant, streets within a subdivision may be approved by the County as public roads and will be maintained and repaired by a homeowners association or, in its absence, the owners of lots within the subdivision. 6.1 If desired by the County, portions of street improvements may be placed in service when completed according to the schedule shown on Exhibit"B", but such use and operation shall not constitute an approval of said portions. 6.2 County may, at its option, issue building permits for construction on lots for which street improvements detailed herein have been started but not completed as shown on Exhibit"B", and may continue to issue building permits so long as the progress of work on the subdivision improvements in that phase of the development is satisfactory to the County; and all terms of this Agreement have been faithfully kept by Applicant. 6.3 Upon completion of the construction of streets within a subdivision and the filing of a Staterr.ent of Substantial Compliance, the applicant(s) may request in writing that the County Engineer inspect its streets and recommend that the Board of County Commissioners partially approve them. Not sooner than nine months after partial approval, the County Engineer shall, upon request by the applicant, inspect the subject streets, and notify the applicant(s) of any deficiencies. The County Engineer shall reinspect the streets after notification from the applicant(s) that any deficiencies have been corrected. If the County Engineer finds that the streets are constructed according to County standards, he shall re:commend full approval. Upon a receipt of a positive unqualified recommendation from the County Engineer for approval of streets within the development, the Board of County Commissioners shall fully approve said streets as public but with private pay. 7.0 General Renuirements for Collateral: 7.1 The value of all collateral submitted to Weld County must be equivalent to 100% of the value of the improvements as shown in this Agreement. Prior to Final Plat 3 Revised 12.95 approval, the applicant shall indicated which of the five types of collateral prefered to be utilized to secure the improvements subject to final approval by the Board of County Commissioners and the execution of this Agreement. Acceptable collateral shall be submitted and the plat recorded within six (6) months of the Final Plat approval. If acceptable collateral has not been submitted within six(6) months then the Final Plat approval and all preliminary approvals shall automatically expire. An applicant may request that the County extend the Final Plat approval provided the cost estimates are updated and the development plans are revised to comply with all current County standards, policies and regulations. The improvements shall be completed within one (1) year after the Final Plat approval (not one year after acceptable collateral is submitted) unless the applicant(s) requests that this Agreement be renewed at least thirty (30) days prior to its expiration and further provides that cost estimates for the remaining improvements are updated and collateral is provided in the amount of 100% of the value of the improvements remaining to be completed. If improvements are not completed and the agreement not renewed within these time frames, the County, at its discretion, may make demand on all or a portion of the collateral and take steps to see that the improvements are made. 7.2 The applicant may choose to provide for a phased development by means of designating filings of a Planned Unit Development Plan or Final Plat. Subdivision. The applicant would need only to provide collateral for the improvements in each • filing as approved. The County will place restrictions on those portions of the property that are not covered by collateral which will prohibit the conveyance of the property or the issuance of building permits until collateral is provided or until improvements are in place and approved pursuant to the requirements for a Request for Release of Collateral. 7.3 The applicant intends to develop in accordance with Exhibits "A" and "B". 3.0 Improvements Guarantee: The five types of collateral listed below are acceptable to Weld County subject to final approval by the Board of County Commissioners. 8.1 An irrevocable Letter of Credit from a Federal or State licensed financial institution on a form approved by Weld County. The letter of credit shall state at least the following: 8.1.1 The Letter of Credit shall be in an amount equivalent of 100% of the total value of the improvements as set forth in Section 6.0 and exhibits "A" and "B, • 8.1.2 The Letter of Credit shall provide for payment upon demand to Weld County if the developer has not performed the obligations specified in the Improvements Agreement and the issuer has been notified of such default. 3.1.3 The applicant may draw from the Letter of Credit in accordance with the provisions of this policy. 4 Revised 1'_'95 8.1.4 The issuer of the Letter of Credit shall guarantee that at all times the unreleased portion of the Letter of Credit shall be equal to a minimum of 100%of the estimated costs of completing the uncompleted portions of the required improvements, based on inspections of the development by the issuer. In no case shall disbursement for a general improvement item exceed the cost estimate in the Improvements Agreement (i.e., streets, sewers, water mains and landscaping, etc.). The issuer of the Letter of Credit will sign the Improvements Agreement acknowledging the agreement and its cost estimates. 8.1.5 The Letter of Credit shall specify that 15% of the total Letter of Credit amount cannot be drawn upon and will remain available to Weld County until released by Weld County. 8.1.6 The Letter of Credit shall specify that the date of proposed expiration of the Letter of Credit shall be either the date of release by Weld county of the final 15%, or one year from the date of Final Plat approval, whichever occurs first. Said letter shall stipulate that, in any event, the Letter of Credit shall remain in full force and effect until after the Board has received sixty (60) days written notice from the issuer of tie Letter of Credit of the pending expiration. Said notice shall be sent by certified mail to the Clerk to the Board of County Commissioners. 8 2 t t Deed upon all or some of the proposed development or other property acceptable to the Board of County Commissioners provided that the following are submitted: 8.2.1 In the event property within the proposed development is used as collateral, an appraisal is required of the property in the proposed development by a disinterested M.A.I. member of the American Institute of Real Estate Appraisers indicating that the value of the property encumbered in its current degree of development is sufficient to cover 100% of the cost of the improvements as set forth in the Improvements Agreement plus all costs of sale of the property. 8.2.2 In the event property other than the property to be developed has been accepted as collateral by Weld County, then an appraisal is required of the property by a M.A.I. member of the Institute of Real Estate Appraisers indicating that the value of the property encumbered in its current state of development is sufficient to cover 100% of the cost of the improvements as set forth in the Improvements Agreement plus all costs of sale of the property. 3.2.3 A title insurance policy insuring that the Trust Deed creates a valid encumbrance which is senior to all other liens and encumbrances. 8.2.4 A building permit hold shall be placed on the encumbered property, 3.3 Fscrow Agreement that provides at least the following: 5 Revised I!95 • 8.3.1 The cash in escrow is at least equal to 100% of the amount specified in the Improvements Agreement. 8.3.2 The escrow agent guarantees that the escrowed funds will be used for improvements as specified in the agreement and for no other purpose and will not release any portion of such funds without prior approval of the Board. 8.3.3 The escrow agent will be a Federal or State licensed bank or financial institution. 8.3.4 If the County of Weld County determines there is a default of the Improvements Agreement, the escrow agent, upon request by the County, shall release any remaining escrowed funds to the County. 8.4 A surety bond given by a corporate surety authorized to do business in the State of Colorado in an amount equivalent to 100% of the value of the improvements as specified in the Improvements Agreement. 8.5 A cash deposit made with the County equivalent to 100% of the value of the improvements. 9.0 Reauest for Release of Collateral: Prior to release of collateral for the entire project or for a portion of the project by Weld County, the Applicant must present a Statement of Substantial Compliance from an Engineer registered in Colorado that the project or a portion of the project has been completed in substantial compliance with approved plans and specifications documenting the following: 9.1 The Engineer or his representative has made regular on-site inspections during the course of construction and the construction plans utilized are the same as those approved by Weld County. 9.2 Test results must be submitted for all phases of this project as per Colorado Department of Transportation Schedule for minimum materials sampling, testing and inspections found in CDOT Materials Manual. 9.3 "As built" plans shall be submitted at the time the letter requesting release of collateral is submitted. The Engineer shall certify that the project "as built" is in substantial compliance with the plans and specifications as approved or that any material deviations have received prior approval from the County Engineer. 9.4 The Statements of Substantial Compliance must be accompanied, if appropriate, by a letter of acceptance of maintenance and responsibility by the appropriate utility company, special district or town for any utilities. 9.5 A letter must be submitted from the appropriate Fire Authority indicating the fire hydrants are in place in accordance with the approved plans. The letter shall indicate if the fire hydrants are operational and state the results of fire flow tests. 9.6 The requirements in 9,0 thru 9.5 shall be noted on the final construction plans. 6 Revised 12'95 9.7 Following the submittal of the Statement of Substantial Compliance and recommendation of approval of the streets by the County, the applicant(s) may request release of the collateral for the project or portion of the project by the Board. This action will be taken at a regularly scheduled public meeting of the Board. 9.8 The request for release of collateral shall be accompanied by "Warranty Collateral" in the amount of 15%of the value of the improvements as shown in this Agreement excluding improvements fully accepted for maintenance by the responsible governmental entity, special district or utility company. 9.9 The warranty collateral shall be released to the applicant upon fmal approval by the Board of County Commissioners. 10.0 Public Sites and Open Sires. When the Board of County Commissioners, pursuant to a rezoning, subdivision or planned unit development, requires the dedication, development and/or reservation of areas or sites other than subdivision streets and utility easements of a character, extent and location suitable for public use for parks, greenbelts or schools, said actions shall be secured in accordance with one of the following alternatives, or as specified in the PUD plan, if any: 10.1 The required acreage as may be determined according to the Weld County Subdivision Regulations shall be dedicated to the County or the appropriate school district,for one of the above purposes. Any area so dedicated shall be maintained by the County or school district. 10.2 The required acreage as determined according to the Weld County Subdivision Regulations, may be reserved through deed restrictions as open area, the maintenance of which shall be a specific obligation in the deed of each lot within the subdivision. 10.3 In lieu of land,the County may require a payment to the County in an amount equal to the market value at the time of final plat submission of the required acreage as determined according to the Subdivision Ordinance. Such value shall be determined by a competent land appraiser chosen jointly by the Board and the Applicant. The cash collected shall be deposited in an escrow account to be expended for parks at a later date. 11.0 Successors and AcsJg s: This Agreement shall be binding upon the heirs, executors, personal representatives, successors and assigns of the Applicant, and upon recording by the County, shall be deemed a covenant running with the land herein described, and shall be binding upon the successors in ownership of said land. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written. 7 Revised 11'95 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO A l 1 EST: Weld County Clerk to the Board BY: Deputy Clerk to the Eoard APPROVED AS TO FORM: County Attorney APPLICANT BY: (title) Subscribed and sworn tU before me this day of , 19 My Commission expires: Notary Public N!.FO R.MU P?I V'A TE.O B 8 Revised 12'95 EXHIBIT "A" Name of Subdivision: }4v 4 _ d z p. 0 , D Filing: N/A Location: S,�.x,t.t, 5+/t -tplp�t ltic� �;..�� .CO. Intending to be legally bound, the undersigned Applicant hereby agrees to prov.de throughout this subdivision and as shown on the subdivision final plat County dated , 19 recorded on , 19 , in Book , Page No. _ , Reception No. , the following improvements. (Leave spaces blank where they do not apply) Estimated Improvements iUnit Cost Construction.Cost Street grading 9 0.15 sc . 'id. 1 l'd_,oo Street base _ Z..cC , -j(75 io,0Q Street paving s y,co c yct. 1c,t Z. cC, curbs. gutters. & culverts Sidewalk Storm sewer facilities Retention ponds Zitch improvements Subsurface drainage Sanitary sewers _ Sanita(v sewers Trunk & forced lines Mains _ Lateralt_house cormected) On-site sewage facilities On-site water supply ti storage - Water mains-Includes Bore $ 1.00 t,F g, 2% c 3`i, 0O Fire hydrants 1 ,.-c ►�. Q�t�h L s •3Ccc) cc�l4.,X1 ' ti- * `fz5 2.©, Survey & street monuments & boxes _ Street ligjiting Street name signs 3c "1 7,�;v,cL. Fencing requirements Landscaping ( i c4-c`, - 1 Z t.Arc rsc,n�) u ? ,"'t LZJC, Park improvements Road Culvert Zp.cc Z,4CO. Grass Lined Swale /t-G -5ctd�,/tc o,c` , �#. $ �VIC.DO Telephone a 'ut . CO rt-r l o�- 6 LviCe.cx) G.A5 to co t- kok4ADV,W Electric I CCU cb \ocCL),CQ Water Transfer SUB-TOTAL le l 002 .CC Engineering and Supervision Costs IS 10,000. 00 (testing, inspection, as-built plans and work in addition to preliminary and final plat; supervision of actual construction by contractors) TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISIONS 111 . 1\5.00 The above improvements shall be constructed in accordance with all County requirements and specifications, and conformance with this provision shall be determined solely by Weld County, or its duly authorized agent. Said improvements shall be completed according to the construction schedule set out in Exhibit "B". (In corporation,to be signed by President and attested to by Secretary, together with corporate seal.) Date: , 19 EXHIBIT "B" Name of Subdivision: }4,),,r,1,- _ (; � 7,v, p , Filing: 41A Location: S,Lc4t. 1.-.44. S.I/L ek 5et.0or to y-Lw. Wek1 CU;.- y ,(D . Intending to be legally pound,the undersigned Applicant hereby agrees to construct the improvementsshown on the final subdivision plat of Subdivision, dated , 19 , Recorded on . 19 , in Book Page No. , Reception No. , the following schedule. All improvements shall be completed within years from the date of approval of the fmal plat. Construction of the improvements listed in Exhibit "A" shall be completed as follows: (Leave spaces blank where they do not apply.) Improvements Time for Completion Site =ding (% 4 G.�ti�vr�) Tont. IQ P91 Street base 11:L to\e\c\ Street paving A.r.p'i4 /S%., logic_ Curbs. cutters. and culverts _ Sidewalk _ Storm sewer facilities (. P-«".c.1 („>t.;t.r1-'1 'f.>, w.r/71411 1hrAG1 Retention ponds _. pitch improvements _ Subsurface drainage _ Sanitary sewers Trunk and forced lines _ Mains Laterals (house connected) _ On-site sewage facilities On-site water supply ar,d storage Water mains Fire hydrants T v'&. 1C"F*1_ Survey& street monuments & boxes Street lighting _ Street name signs A ccyJ7-1' 1G1°1U1 Fencing requirements _ Landscaping ( t't-' ;el') rvtrbwl/ oG1'obtr 161)8. park improvements // _ Telephone _ Gas T.,iy j A,r �•�+ Iv1PPt _ Electric ��l L A.c1Jb4' IYtha_. Water Transfer -3—.:14 I ASV * i 3r IQ) \ . Sub-Total pc. -cbzr Ioi _ The County, at its option. and upon the request by the Applicant, may grant an extension of time for completion for any par icular improvements shown above, upon a showing by the Applicant that the above schedule cannot be met. (If corporation, to be signed by President and attested to by Secretary, together with corporate seal.) Date: , 19 m:formupmme.db P-98-4103 Page 1 05-06-99 Department of Planning Services Weld County Administrative Offices 1400 N. 17th Avenue Greeley, CO. 80631 Re: HUNT -WIEDEMAN P.U.D. To Whom It May Concern: The following is Supporting written material for the Planned Unit Development (P.U.D.) Final Plan Application Questionnaire for the above referenced proposed P.U.D. situate in the South Half of Section 14, Township 4 North, Range 66 West of the 6 P.M.,Weld County, Colorado. REOUIREMENTS FOR SUBMITTAL AS PER P.U.D. PROCEDURAL GUIDE 1. See attached application form and application fee($535.00). 2. See attached Title Commitment prepared by Stewart Title. lie Not applicable with this proposal. R4 Not applicable with this proposal. 5. See attached Certificate from the County Treasurer. 6. See attached stamped and signed Construction Drawings. 7. Not applicable with this proposal. 8. See attached Improvements Agreement. 9. Not applicable at this time. 10. This proposal is for a 104.45 +1-acre Planned Unit Development which is situate approximately 1-1/2 miles north of Gilcrest, CO. on Highway 85. More particularly described as being bound on the east by Highway 85,the west by W.C.R. 33,the north by agricultural ground and to the south by State Highway 256 and Peckam. This P.U.D. proposal will be a covenant controlled development consisting of 5 single family residential lots (zoned Estate), I Commercial Lot(zoned C-3)and a large agricultural lot (zoned A). The residential lots will average approximately 3.55 acres in size with a traditional wood framed house of one and two stories. The commercial lot will be approximately 5.63 acres in size. The use proposed for the commercial lot will be a Vehicle Service/Repair Establishment as designated under the uses allowed by right in the Weld County Zoning Ordinance. A specific site plan review will be prepared prior to any use on the commercially zoned lot. The large agricultural lot will be the remainder of the development and consist of approximately 78.21 acres. The P.U.D. will provide approximately 2.82 acres of Open Space owned and maintained by the Homeowners Association. 11. There will be one commercial lot proposed within this P.U.D. The commercial lot is reserved for a automotive and machinery repair service(Dan's Garage at Peckam). Open storage may be possible within the commercial lot, however, will be restricted per zoning requirements and restrictions as well as approved through a specific site plan review. The automotive and machinery repair facility will employ approximately 3 employees. 12, 13 and 14. No treatment for the perimeter is proposed with this development other than at is shown on the Landscape Plan. The large agricultural lot is located to the North and East of the residential lots and the commercial lot. This creates a natural buffer between HWY 85 and the residential lots. Open space and the internal road creates separation between the commercial use and the residential uses proposed. At the time the commercial lot develops, a site plan review will be required which will further identify the perimeter treatment as it relates to the landscaping, screening, and fencing of said commercial lot. The open space proposed for this development will be re-seeded into native grasses in the attempt to preserve water, yet give the development a mature agricultural and natural look. Evergreen trees will be planted within the entrance open space not only for esthetic purposes but also as a buffer or natural screening between this development and the single family dwelling to the south. We arc not proposing an entrance sign for this development. We feel that an entrance sign would take away from the rural open atmosphere we are trying to achieve with this P.U.D. Landscaping proposed for this development will be virtually maintenance free. Native grasses will be used for Open Space ground cover which will require no watering other than Mother Nature. Evergreen trees will be used which also require little to no additional watering once the tree has established itself. The developer/landowner will be responsible for the care of the native grasses and trees until such time the Homeowner's Association is in place and can assume the responsibilities of the care and maintenance. 15. See attached covenants and restrictions. 16. Sec attached Improvements Agreement which contains the construction schedule. 17. See attached Improvements Agreement. 18. Not applicable with this proposal. 19. See attached agreement for underground irrigation tile. 20. See attached Geologic Investigation report as prepared by Foundation Engineering. 21. See attached certified list of adjacent property owners within 500 feet. 22. See attached certified list of mineral owners of this property. 23. See attached letter. 24. Not applicable. 25. This development will be compatible with surrounding development in that it will contain relatively the same densities and style of home and or commercial use and buildings. Utility lines will be underground. Landscaped areas along with open space/agricultural space will give this development a rural atmosphere which will fit well with residential, commercial and agriculture activities in the area. We feel that this proposal will enhance the immediate area instead of creating negative visual or aesthetic impacts. The commercial building will likely be reviewed and offices as to materials and visual/aesthetic appearance. This proposal is for 5 single family home sites. They shall be of traditional wood frame construction consisting of one or two stories. Restrictive covenants shall limit the size of each residential unit I:o a minimum of 1500 square feet. There will be one commercial lot proposed within this P.U.D. The commercial lot is reserved for a automotive and machinery repair service (Dan's Garage at Peckam). Open storage may be possible within the commercial lot,however, will be restricted pc-zoning requirements and restrictions. 26. See attached Utility Plan Map. 27. See attached street plan and profile. 28. See attached drainage plan. 29. See attached landscape plan. 30. See attached Final Plat. As always, if you should have any questions, concerns or desire additional information regarding this Planned Unit Development Final Plan submittal, please feel free to call me at(970)669-0516. Sincerely, INTERMILL LAND SURVEYING, INC. ), S\•64- Steve Stoned Project Manager DECLARATION OF COVENNANTS CONDITIONS AND RESTRICTION FOR HUNT/WIEDEMAN P.U.D. ARTICLE I—PREAMBLE Declarant is the owner of that certain real property situate in Weld County, Colorado, described on Exhibit "A" hereof (the property). The Property has been platted as Hunt-Wiedeman simultaneously with this declaration. Declarant desires to develop the Property for residential and commercial purposes. Declarant deems it desirable to subject the Property to the covenants, conditions and restrictions set forth in this Declaration in order to preserve :he values of the individual lots and to enhance the quality of life for all owners of such lots. Declarant therefore declares that all of the Property is and shall be held, transferred, sold, conveyed and occupied subject to the terms, restrictions, limitations, conditions, covenants, obligations, liens, right of ways, and easements which are set fort in the Declaration, all of which shall run with the Property and shall inure to the benefit of, and be binding upon, all parties having and right, title, or interest in the Property or and portion thereof, and such person's heirs, grantees, legal representatives, successors and assigns. Any restrictions or regulations not addressed specifically shall be in accordance with Weld County Estate Zoning, i.e., number and type of animals allowed on each lot, home occupations, commercial uses etc. ARTICLE II—DEFINITIONS 2.1 General: The words and terms defined in this Article shall have the meanings herein set forth unless the context clearly indicates otherwise. 2.2 Association: Shall mean and refer to Hunt-Wiedeman P.U.D. Homeowner's Association, a Colorado Nonprofit Corporation established pursuant to Article IV of this Declaration. The members of the Association shall be Lot Owners as defined herein. 2.3 Common Areas: Shall refer to all real Property or interests therein owned by the Association and easements and rights of way for the common use and enjoyment of the Owners, together with and including, but not by way of limitation, the road Peckham Drive, utilities, and utility easements. 2.4 Developer: Shall mean Terry L. and Janice L Wiedeman and David W. and Kayleen J. Hunt, owner of the Property, their successors and assigns. 2.5 Developer responsibilities: Shall refer to the road constructed pursuant to specifications required by Weld County known as Peckham Drive. Developer shall instal a internal paved road according to the specifications of Weld County. The Association shall maintain, repair, and replace the road after the Developer has installed such facility. 2.6 Lot: Shall mean and refer to any parcel or plot of land located within the exterior boundaries of the Property described on the Exhibit "A" and owned by the "Owner", with the exception of any "Common Area". In the event; however, that an Owner divides a lot into smaller lots by complying with and satisfying the applicable rules, regulations and ordinances of the County of Weld and State of Colorado, each such resulting smaller parcel will then constitute a "Lot"for the purpose of these covenants. 2.7 Road and Utility Easements: Shall mean and refer to the road Peckham Drive and all utility easements presently existing on the Property or subsequently constructed by the Declarant on the tracts or parcels of the property. "Roads" and "Utility Easements" shall not include private driveways or utility extensions constructed by individual Owners to provide access and utilities to dwellings or other structures located upon such Owner's lot of the Property. 2.8 Single Family Dwelling: Shall mean an independent structure designed and occupies as a residence for a single family. 2.9 Subdivision: Shall mean and refer to Hunt-Wiedeman P.U.D. 2.10 Other terms may be defines in specific provisions contained in the Declaration and shall have the meaning assigned by each such definition. ARTICLE III — USE AND OTHER RESTRICTIONS 3.1 Land Use and Building Types: (Estate): A lot may be used only for one single-family dwelling. The primary residential building must include as a part thereof, a garage, or if a garage is not included as a part of the residence, then a separate garage structure shall have identical architectural design and exterior design and appearance consistent with that of the residence accommodated thereby. 3.1.1 Size: The dwelling space of the residence, exclusive of the garage and open porches, shall contain a minimum of 1,400 square feet of finished non-basement living space. The maximum height of the residence and any accessory building is not to exceed thirty(30)feet. 3.1.2 Pre-constructed Homes: No homes of a pre-constructed nature shall be permitted without prior written approval of the Developer. 3.1.3 Exterior Materials: The exteriors of all residences must be wood, masonry, stone, stucco, or material with a stucco-like appearance. Any vinyl or aluminum sided houses must be approved by developer or Homeowner's Association. 3.2 Accessory Buildings: No more than three (3) accessory buildings in addition to the garage with a maximum square footage of 3,000 sq. ft. total, which are well constructed and neat of appearance, shall be permitted. No buildings with a Quonset type appearance are permitted. 3.3 Fencing: Fercing is to be keeping with the appearance of the surrounding rural setting, i.e., barb or barbless wire fencing, wire fencing, natural wood (unpainted), chain link, vinyl, and livestock panels are allowed. 3.4 Outdoor Storage: Shall be screened from public right of ways and adjacent properties. Tractors and machinery not being used for maintenance of the lot or other applicable use common on a small rural lot, and unlicensed vehicles of any kind will not be permitted on the lots, except in enclosed storage buildings. 3.5 Right of Way and Easements: The area known as Peckham Drive is Access, Utility. Drainage and Irrigation Easement and is to remain open space; free of buildings, fences, trees, or shrubs. The developer will seed non-weed vegetation in the right of way; and thereafter, the Association will assume responsibility of the maintenance of said right of way. Easements and non-buildable areas for the installation and maintenance of utilities and drainage facilities are reserved as shown on the Plat. 3 Within these easements, no structure, planting or other materials shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities, which may change the direction of flow of drainage in the easements. If any landscaping or structure is installed which violates such requirements in the right of way or easements and drainage areas, the Association may give the Owner written notice to remove such landscaping or structure. If the Owner fails to remove the landscaping or structure within thirty (30) days of receipt of notice, the Association my have such work done at the expense of the Owner of the lot. If the work is done by the Association at the Owner's expense, the Owner shall pay for such work within ten (10) days after notice is given in writing to the Owner as to the cosl of such work. In the event of failure to pay within that time and if the Association thereafter incurs any attorney's fees and costs in collecting such amount from the Owner, all such attorney's fees and costs incurred shall likewise by a debt owed by the Owner to the Association. The easement area of ea:h lot and all improvements on it shall be maintained continuously by the Owner of the lot. 3.6 Maintenance of Lots: The owner of each lot shall plant and maintain non-weed vegetation and remove any trash or other debris. If an Owner fails to maintain their lot in accordance with this requirement, the Association shalt have the right to plant and maintain non-weed vegetation and remove any trash or other debris solely at the lot Owner's expense. The Owner shall be liable for reasonable attorney's fees and costs incurred by the Association in collecting such charges. 3.7 Nuisances: No noxious or offensive activities shall be carried on upon any lot, nor shall anything be done thereon which may become an annoyance or nuisance to the entire neighborhood. 3.8 Recreational Vehicles: No trailer, motor home, camper unit, boat of similar recreational vehicle shall be parked on Peckham Drive. 3.9 Private Drives: During construction of private drives to individual lots from Peckham Drive, individual lot owners must permanently install a twelve (12) inch culvert in the drainage ditch directly adjacent to Peckham Drive. 3.10 Compliance: Each lot owner shall maintain compliance at all times with the requirements of the Weld County Public Works Department, Weld County Health Department, Division of Wildlife, La Salle Fire Department and the Weld County Planning Department. 3.11 Oilfield Production: Oil/gas production vehicles have the right to access their production facilities within the subdivision without interference by lot owners. 3.12 Right to Earn Covenant: Weld county is one of the most productive agricultural counties in the United States. The niral areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize there are drawbacks, including conflicts with longstanding agricultural practices and lower level of services than in town. Agricultural users of the land should not be expected to change their long-established agricultural Practices to accommodate the intrusions of urban users into a rural area. Well run agricultural activities will generate off-site impacts, including noise from tractors and equipment; dust from animal pens, fields work, harvest, and gravel roads; odor from animal confinement, silage, and manure; smoke from ditch burning; flies and mosquitoes; the use of pesticides and fertilizers in the fields, including the use of aerial spraying. Ditched and reservoirs cannot simply be moved "out of the way" of residential development without threatening the efficient delivery of irrigation to fields which is essential to farm production. Weld County covers a land area of over 4,000 square miles in size (twice the size of the state of Delaware) with more than 3,700 miles of state and county roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the county and the distances which must be traveled 4 may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Snow removal for roads within subdivisions are of tie lowest priority for the public works or may be the private responsibility of the homeowners- Services in rural areas, in many cases, will not be equivalent to municipal services. Children are exposed to different hazards in the country than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs, and livestock present real threats to children. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. ARTICLE IV—THE ASSOCIATION 4.1 Articles of Incorporation and Bylaws: The interests of all lot owners shall be governed and administered by the Article of Incorporation and Bylaws of the Hunt-Wiedeman P.U.D. Homeowner's Association and by this Declaration. In the event of a conflict between the provisions of the Declaration and the Articles of Incorporation or the Bylaws of the Association, the terms of this Declaration shall be controlling. 4.2 Membership: Each owner of a lot, upon becoming an owner, shall be a member of the Association end shall remain a member for the period of his ownership. If more than one person has an ownership interest in a lot, each person will vote that portion of a lot equal to the portion of ownership. 4.3 Examination of Books by Mortgagee: The holder of any recorded first mortgage or deed of trust on a lot in the subdivision will, upon request be entitled to: (A): Inspect the books and records of the Association, (B): Receive an annual financial statement of the Association after the end of each calendar year, (C): And written notice of all meetings to the Association and shall be permitted to designate a representative to attend all such meetings. 4.4 Powers: The Association shall be granted all of the powers necessary to enforce all of the applicable provisions of this Declaration, and to govern, manage, maintain, repair, administer, and regulate Hunt-Wiedeman P.U.D. and to perform all of the duties required of it. Not with standing the above, the Association shall not be empowered or entitled to use hazard insurance proceeds for loss to the common areas improvements for other than repair, replacement, or reconstruction of such improvement. 4.5 Association Responsibilities: The maintenance and operation of Peckham Drive and all common areas shall be the responsibility and the expense of the Association, and the costs therefor shall be a common expense of all the lot owners. The Developer shall initially install the paved road, Peckham Drive, and shall initially seed the areas disturbed by construction of said Peckham Drive; thereafter, the costs of maintaining, repairing, and replacing Peckham Drive of the right of way shall be borne by the Association. 4.6 Formula for Determining Assessments: Assessments shall be made no less frequently than annually and shall be based upon a budget adopted not less frequently than annually by the Association. The assessments shall be apportioned equally among all lots within the Subdivision. Each owner, by the acceptance of a conveyance of a lot shall be obligated to pay his share of such expenses whether or not his lot is improved. If a new annual assessment is not adopted, an assessment shall be presumed to have been adopted in the amount of the last prior assessment. 5 4.7 Bases Upon 13udget: Assessments shall be based upon the budget, which shall be established by the Broad of Directors at least annually, which budget shall be based upon the cash requirements deemed to be such aggregate sum as the Board of Directors of the Association shall from time to time determine is to be paid by all of the lot owners to provide for the payment of all expenses growing out of or connected with the maintenance, repair, operation, additions, alterations and improvements of and to Peckham Drive and the common areas, which sum may include, but not be limited to, expenses of management; taxes and special assessments unless separately assessed; premiums for insurance; repairs and renovations; wages; water charges; legal and accounting fees; expenses and liabilities incurred by the Association or nay of its agents or employees on behalf of the lot owners under or by reason of this Declaration and the Articles of Incorporation and Bylaws of the Association; for nay deficit remaining from a previous reserve, working capital and sinking funds as well as other costs and expenses relating to Peckham Drive and the common areas, which shall be funded by the regular annual or monthly payments rather than special assessments. 4.8 Assessments for Other Charges: The Association shall have the right to charge a lot owner for any common expense caused by the misconduct of such lot owner, in which event such expense may be assessed exclusively against such owner. The Association shall have the right to impose a lien for any such special service charge or charges due to misconduct that are not paid when due; said lien shall include court costs and reasonable attorney's fees incurred by the Association in collecting said charges. 4.9 Assessments: The amount of the common expenses and misconduct charges assessed against each lot shall be the personal and individual debt of the owner thereof. No owner may exempt himself from liability for contribution towards the common expenses by waiver of the use or enjoyment or by abandonment of his lot. An owners loss of lot by foreclosure or by proceedings in lieu of foreclosure shall not cancel or terminate such owner's liability for assessments and charges acquired prior to the date hereof. The Association shall have the authority to take prompt action to collect any unpaid assessment which remains unpaid for more than sixty (60) days from the due date for payment thereof In the event of default in the payment of an assessment, the lot owners shall be obligated to pay interest at the rate of eighteen percent(18%)per annum on the amount of the assessment from due date thereof, together with all expenses, including attorney's fees, incurred together with such late charges as are provided by the Bylaws or rules of the Association. Suit to recover a money judgement for unpaid assessments shall be maintainable without foreclosing the lien described below and such suit shall not be, or construed to be, a waiver of lien. 4.10 Creation of Len and Foreclosure: All assessments together with any special assessment or other fee, cost or charges which and Owner is obligated to pay, shall be a debt of such Owner to the Association on the date when each installment thereof becomes due. In the event of the default of any owner in the payment of any installment, such amount, and any subsequently acquiring unpaid assessments, together with interest thereon and together with all costs which may be incurred by the Association in the collection of such amount, together with reasonable attorney's fees shall constitute the basis of a lien on such lot superior to all other liens and encumbrances, except only for tax and special assessment liens on the lot in favor of any governmental assessing entity, and all sums unpaid on a mortgage or deed of trust of record, including all unpaid obligatory sums as may be provided by assessment setting forth the amount of such unpaid indebtedness, the amount of the acquired interest lien shall be signed ty one of the officers of the Association on behalf of the Association and may, but is not required to, be recorded in the office of the County Clerk and Recorder of Weld County, Colorado. Such lien shall attach and be effective from the due date of the assessment until all sums., with interest and other charges thereon, shall have been paid in full. Such lien may be enforced by the foreclosure of the defaulting owners lot by the Association in like manner as a mortgage on real property upon the recording of the above notice of lien. In any such proceedings, the owner shall be required to pay the costs, expenses, arid attomey's fees incurred for filling the lien, and in the event of foreclosure proceedings, all additional costs, all expenses and reasonable attorney's fees incurred. The owner of the lot being foreclosed shall be required to pay the Association any assessment or special service charge whose payment becomes due for the lot during the period of foreclosure, and the Association shall be entitled to receiver during foreclosure, and the Association on behalf of the member owners, shall have 6 the power to bid on the lot at foreclosure or other legal sale and to acquire and hold, lease, mortgage, vote the votes appurtenant to, convey or otherwise deal with the same upon acquiring title to such lot. 4.11 Liability Upon Transfer: Any owner who sells a lot in good faith and for value shall be relieved of the obligation for payment of assessments arising thereafter attributable to the lot, as of the date of the recordation of the dead transferring such lot to the subsequent purchaser. The Owner transferring, and the purchaser of the'ransferred lot, shall be jointly liable for payment of all assessments and any related interest, costs and attorney's fees attributable to the lot acquired through the date of such recordation, and the lien for recovery of the same shall remain in force against such lot. 4.12 Mortgage Foreclosure: Not with standing any of the terms of provisions of this declaration, in the event of any default on the part of an owner under any mortgage or deed of trust which entitles the holder thereof to foreclose the same, any sale under such foreclosure, including the delivery of a deed in the lieu to such mortgagee, shall be made free and clear of all then due and owing assessments. No mortgagee shall be liable for any unpaid assessments accruing prior to the time such mortgagee receives a deed to a lot. 4.13 Board and Officers of Association: Until all lots have been sold by Declarant or December 31, 2000, whichever occurs first, the Declarant may appoint and remove the officers and members of the Board of the Associalion. ARTICLE V—GENERAL PROVISIONS 5.1 Durations: Subject to the provisions of Section 5.3 of this Article, this Declaration shall remain in full force and effect, shall run with the land and shall be binding on all persons having any interest in any lot in the Subdivisions for a period of twenty (20) years from the date this Declaration is recorded and thereafter shall be automatically extended for successive periods of ten (10) years unless an instrument signed by the majority of the then owners of lots in the Subdivision has been recorded agreeing to change or terminate the Declaration in whole or part. 5.2 Amendments: This Declaration, or any portion thereof, may be amended or revoked at any time by an instrument in writing signed by the owners of at least sixty-six percent (66%) of the lots in the Subdivision and one hundred percent (100%) of the holders of recorded mortgages or deeds of trust. Any amendment shall be effective only upon the recordation of the written amendment or ratification thereof containing the necessary signatures of lot owners and encumbrance holders. No amendment to this Declaration may be made which conflicts with any of the laws of the state of Colorado, or ordinances of Weld County. No amendment shall effect any rights of Declarants unless approved in advance by and consented to by Delcarants in writing. 5.3 Severability: Any provision of this Declaration invalidated in any manner whatsoever shall not be deemed to impair or affect in any manner the validity, enforcement or effect of the remainder of this Declaration and, in such event, all of the other provisions of this Declaration shall continue in full force and effect as if such invalid provision had never been included herein. 5.4 Disclaimer: No claim or cause of action shall accrue in favor of any person in the event of the invalidity of any covenant or provision of this Declaration or Declarants to enforce any covenant or provision hereof. This Section 5.4 may be pleaded as a full bar to the maintenance of any such action or arbitration brought in violation of the provisions of this Article. 5.5 Waiver: No provision contained in this Declaration shall be deemed to have abrogated or waived by reason of any failure to enforce the same, regardless of the number of violations or breaches which may occur. 5-6 Captions: The captions herein are inserted only as a matter of convenience and for reference and in no way define, limil or describe the scope of this Declaration nor the intent of any provision hereof. 5.7 Construction: The use of the masculine gender in this Declaration shall be deemed to include the feminine and neuter genders, and the use of the singular shall be deemed to refer to the plural, and vise versa, when the context so requires. 5.8 Notices: Notiiaes required or permitted by this Declaration shall be made in writing. Notice to a member of the Association shall be sufficient if sent by United States Mail, sufficient postage prepaid, to the latest address given by such member to the Secretary of the Association. In such event, notice shall be deemed effective three (3) days after such deposit into the United States mail. Notices may also be given by certified or registered mail, or by hand delivery. If hand delivered, notice shall be effective on the date that delivery is accomplished. If sent by registered or certified mail, notice shall be deemed effective three(3)days after deposit into the United States mail, sufficient postage prepaid. IN WITNESS WHEREOF, the undersigned being Owner(s) or Mortgagee(s) of lots in Hunt-Wiedeman P.U.D. executed this Declaration the date and year indicated below. BY: David W. Hunt Kayleen J. Hunt BY: Terry L. Wiedeman Janice L. Wiedeman DATE: State of Colorado County of Weld The foregoing Declaration of Covenants, Conditions and Restrictions for Hunt-Wiedeman P U.D. Acknowledged before me this day of , 1999, by David W. Hunt, Kayleen J. Hunt, and Terry L. Wiedeman, Janice L. Wiedeman Witness my hand and official seal. My commission expires: Notary Public GEOLOGIC AND MINERAL EVALUATION FOR A PROPOSED SUBDIVISION TO BE LOCATED IN SOUTH HALF OF SECTION 14 TOWNSHIP 4 NORTH, RANGE 66 WEST WELD COUNTY, COLORADO Prepared for Internull Land Surveying 1301 North Cleveland Avenue Loveland, Colorado 80537 June 4,1998 Commission No.: 1119-95-01-01 Prepared By FOUNDATION & SOILS ENGINEERING, INC. 5 110 Granite Street, Suite D Loveland, Colorado 80538 TABLE OF CONTENTS Transmittal Letter Scope 1 Site Description 1 Site Investigation 2 Geology 2 Potential Geologic Hazards and Recommendations 3 Potential Mineral Resources 4 Conclusion 4 List of References 7 Vicinity and Area Geologic Map Figure 1 Sand, Gravel, & Quarry Aggregate Resources Figure 2 FOUNDATION I Engineering, AND SOILS Inc. June 4, 1998 Commission No.: 1115-95-01-01 Intermill Land Surveying 1301 North Cleveland Avenue Loveland, Colorado 80537 Gentlemen: The enclosed report presents the results of a geologic and mineral evaluation for a proposed subdivision to be located in the South Half of Section 14, Township 4 North, Range 66 West, Weld County, Colorado. We appreciate the opportunity to be of service to you on this project. If you have any questions, please feel free to call. Respectfully, Thomas W. Finley, Engineering Geologist FOUNDATION & SOILS ENGLNEERING, INC. TWF/jle 5110 Granite Street, Suite D • Loveland, Colorado 80538 • (970) 663-0138 • Fax (970) 663-1660 515 Main Street, Suite C • Longmont, Colorado 80501 • (303) 702-0661 SCOPE The following report presents the results of our geologic and mineral evaluation for a proposed subdivision situate in the South Half of Section 14, Township 4 North, Range 66 West of the 6th Prime Meridian, Weld County, Colorado. It is our understanding that the 104.45+ acre site is to be divided into three (3) residential lots, two (2) commercial lots and one (1) agricultural lot. The purpose of this investigation is to identify potential geologic hazards and potential mineral resources which may conflict with the development intended. The conclusions and recommendations presented in this report are based upon the acquired field data, review of the available literature, and previous experience with similar geologic conditions in this area. SITE DESCRIPTION The site is located northeast of Gilcrest at the northeast corner of County Road Nos. 44 and 33. U.S. Highway 35 is located along the southeast boundary The parcel consists corn and sugar beet fields which have gradual slopes to the south and east. An irrigation water well is located near the center of the west side along County Road No. 33 An existing gas well and tank battery are located near Highway 85 at the center and south ends. Pipelines and other gas facilities are located nearby. SITE INVESTIGATION The site was visually inspected on June 4, 1998. The locations of geologic features are approximate and should be considered only to the degree implied by the methods used to make those measurements. A preliminary radiation survey was also conducted at this time. GEOLOGY The proposed site lie; near the eastern edge of the Colorado Piedmont Section of the Great Plains Physiographic Province. The Colorado Piedmont is an elongated trough in the Great Plains,adjacent to the Front Range of'the Southern Rockies. The Colorado Piedmont was formed when uplift of the area in Miocene-Eocene times (20 - 50 million years ago) produced an increase of stream erosion resulting in scouring next to the foothills and outlying areas. The Piedmont is bordered by the southern Rockies to the west, Great Plains escarpment to the northeast, and Palmer Divide to the south. The boundary of the eastern edge Colorado Piedmont is not well defined. Structurally, the site lies in the Denver Basin, which is a thick accumulation of Paleozoic and Mesozoic Era sediments involved with down warping in the basin area and uplift of the adjacent highlands. It is our understanding that faulting has not taken place in the recent historic past in this area. This area is classified as being in Seismic Zone 1 (Uniform Building Code- Chapter 23). 2 The site is overlain with surficial alluvial sandy and gravelly soils. These soils consist primarily of sand with gravel and silt. The Soil Conservation Service maps indicate the property is overlain with sandy loarns with low potentials for erosion. The Upper Cretaceous Larimie Formation underlies the surficial soils. The Laramie Formation consists of shale, sandstone and minor coal beds. The thickness of Laramie Formation is in the order of several hundred feet in this area. Outcrops of the bedrock were not observed. POTENTIAL GEOLOGIC HAZARDS AND RECOMMENDATIONS The alluvial soils are: typically stable for supporting structures and roadways. Large fluctuations of groundwater levels are often associated with alluvial soils such as these. A geotechnical investigation should be conducted at each site to identify if these conditions exist. Our preliminary radiation survey detected no radiaticn levels higher than background levels. Sandstones of the Laramie Formation have been considered a potential uranium deposit. However,the anticipated depths of the overburden alluvial soils should minimize the chances of radon infiltration from the underlying Laramie Formation. In any case, we recommend that the homes be tested for radon after a normal living routine has been established. Remedial measures could take place after those results if necessary. 3 POTENTIAL MINERAL RESOURCES The Colorado Geological Survey describes this site as being in stream terrace deposits comprised of sands. The quality and overburden thicknesses and depths to extractable ratios were not readily available or determined. The were no old or existing gravel mining operations observed in these deposits within two (2)miles of the site. Therefore, we believe that the alluvial soils on this property should not be considered extractable mineral aggregate resources at this time. Additional site work consisting of test pits and laboratory analyses will be necessary to evaluate these deposits more closely. These may become considered economical sometime in the far future. CONCLUSION The soils are considered to be generally stabile for supporting foundations and roadways. Groundwater conditions should be determined from test boring data prior to construction. A geotechnical investigation should be conducted for each building site to determine site specific conditions and generate recommendations for construction. Radon tests are recommended after a living routine has been established. The sands and gravels anticipated on the property are not, in our opinion an economical mineral aggregate resource at this time. Additional site evaluation would be necessary to determine the quality and extent of these deposits for a final determination if these deposits are of economical importance. 4 In conclusion, we feel that, the development intended is compatible with the geologic conditions at the site provided the recommendations in this report are met. The data presented herein were collected to help determine the feasibility of this project. Professional judgments on design alternatives and criteria are presented in this report. These are based on evaluation of technical inf Drmation gathered, partly on our understanding of the characteristics of the development proposed, and partly on our experience with geologic conditions in the area. We do not guarantee the performance of the project in any respect, only that our geologic study and judgments rendered meet the standard of care of our profession. 5 LIST OF REFERENCES Schowochow, S.D., Schroba R.R.,and Wicklein,P.C., Atlas of Sand, Gravel, and Cuarry Aggregate Resources- Colorado Front Range Counties, Colorado Geological Survey, Special Publication 5-B, 1974. Rogers,W.P. Ladwig,L.R.,Hombaker,A.L., Schwochow, S.D.,Hart, S.S., Shelton,D.C., Scroggs, D.L., and Soule, J.M., Guidelines and Criteria for Identification and Land-Use Controls of Geologic Hazard and Mineral Resource Areas Colorado Geological Survey, Special Publication 6, 1974. Tweto, Ogden, Geologic Map of Colorado, US Geological Survey, 1979 s Project No. me-95-ei-ei K /- j - \ . oaI am ---ear^ 3O wl l_f M• 11 601 2 T3 .) .r U P C 71° /emun� ., ..e. J u.. .. . • 490 . � 1 42 eAlthough [his terraceL .I\�\ \ / C`.v clasas sed as n fine-aggregece re- V ,<P v source, some yell logs Indicate `C7r -\/ that there ay be significant I •'s - \'( T 3 i gravels at dept- \ / ��.<- .'�� •:;\, . .. .. :� T.ekhami•• >. r e ( Y —_ 029 �/Th• /�' l' 7 • ! ' X v ^ e ' 90 J F- Floodplain deposit T- Stream terrace deposit :> - Sand 4- Probable aggregate resource (unevaluated) SAND, GRAVEL 4 QUARRY orth AGGREGATE RESOURCES Bated on: Colorado Geological Survey Special Publication 5-B >=r;tIND,4TION 4 SOILS ENGINEERING- FIGURE NO. 2 Project No. 1.116-95-e1-01 -, �� ' , � lv d"Pe fiver - _ I i Gi rest \ , S Q mil l V 1 -2 __ Res i :i L." \aton A 1l KI � , KEY Qa - NModern alluvium Qg - Gravel, and alluvium KI - L.aramle Formation VICINITY AND AREA orth GEOLOGIC MAP 1 so,o.,' eased on: Geologic Map of Colorado - LSGS FOUNDATION 4 SOILS ENGINEEt2ING FIGU1¢E NO. 1 Client: INTERMILL LAND SURVEYING Project No. GRD- 332- 99 Project: HUNT-WIEDEMAND P.U.D. Date: May 6, 1999 Location: SEC. 14, T. 4 N. - R. 66 W., WELD COUNTY, COLORADO By: _ D.R.M. DETERMINE STORM WATER RUN-OFF FLOWS, Q, AND VOLUMES, V, USING THE U.S.D.A. SOIL CONSERVATION SERVICE METHOD "TR-55? AREA #1 SOIL SERIES: Julesburg sandy loam _ SITE USE: Rural Estate Single- Family Residential w/Farming SOIL GROUP: C _ CN= 79 S= (1000/CN)- 10 = 2.66 _ P2= 1.53 inches Pico= 3.68 inches O2= (P2-0.2S)2/(P2+ 0.8S) = 0.27 _inches Qioo= (P1oo-0.2S)2/(Pico+ 0.8S) = 1.71 inches DETERMINE VOLUME OF RUN-OFF, V, AT CONCENTRATION POINT: AREA, A, DRAINING TO CONCENTRATION POINT = 7.8 acres VOLUME, V= (Q1oo X A) / 12= 1.11 _acre- feet DETERMINE TIME OF CONCENTRATION: OVERLAND FLOW PATH LENGTH, IA= 300 _feet OVERLAND ELEVATION DIFFERENCE = 4729 4726.5= 2.5 feet OVERLAND SLOPE, So=2.5/300 = 0.83 _% FLOW VELOCITY DETERMINED FROM S.C.S. NOMOGRAPH, Vo= 0.65 feet/second OVERLAND TIME OF CONCENTRATION, To = Lo/(Vo x 60 x 60) = 0.13 _hour CHANNELIZED FLOW PATH LENGTH, LCH= 500 feet CHANNEL ELEVATION DIFFERENCE=4726.5-4724.0 = 2.5 feet CHANNELIZED FLOW PATH SLOPE, ScH= 1 /300 = 0.50 _% FLOW VELOCITY DETERMINED FROM S.C.S. NOMOGRAPH,VCH = 1.1 _feet/second HANNELIZED TIME OF CONCENTRATION, TCH = LCH/(VCH x 60 x 60) = 0.13 hour TIME OF CONCENTRATION, Tc =To+ TCH= 0.25 _hour Page 1 of 6 Client: INTERMILL LAND SURVEYING Project No. GRD- 332- 99 Project: HUNT-WIEDEMAND P.U.D. Date: May 8, 1999 Location: SEC. 14, T. 4 N. - R. 86 W., WELD COUNTY, COLORADO By: D.R.M. DETERMINE PEAK DISCHARGE: AREA #1 (continued) PEAK DISCHARGE, qo, DERIVED FROM FIG. S- 1 AT Tc = 760 csm/inch q2 = qp x(A/640) x Q2= 2.52 c.f.s. quo= qn x(A/640)x Qioo= 15.81 _c.f.s. AREA #2 CN = 85 S = (1000/CN) - 10= 1.76 _ P2 = 1.53 inches Pico= 3.68 inches Q2 = (P2-0.2S)2/(P2+ 0.8S) = 0.47 _inches Quo = (Pioo- 0.28)2/(Pico+0.8S) = 2.17 inches DETERMINE VOLUME OF RUN-OFF, V, AT CONCENTRATION POINT: AREA, A, DRAINING TO CONCENTRATION POINT= 1.8 acres VOLUME, V= (Qioo X A) / 12= 0.33 _acre-feet DETERMINE TIME OF CONCENTRATION: OVERLAND FLOW PATH LENGTH, Lo= 100 feet OVERLAND ELEVATION DIFFERENCE=4727-4726.5 = 0.5 feet OVERLAND SLOPE, So=2.5/300 = 0.50 % FLOW VELOCITY DETERMINED FROM S.C.S. NOMOGRAPH, Vo= 0.5 feet/second OVERLAND TIME OF CONCENTRATION, To = Lo/(Vox 60 x 60) = 0.06 _hour CHANNELIZED FLOW PATH LENGTH, LcH = 400 _feet CHANNEL ELEVATION DIFFERENCE=4726.5-4724.0= 2.5 feet C HANNELIZED FLOW PATH SLOPE, SoH= 1 /400= 0.63 % FLOW VELOCITY DETERMINED FROM S.C.S. NOMOGRAPH, VoH = 1.2 feet/second HANNELIZED TIME OF CONCENTRATION, TCH = LcH/ (VcH x 60 x 60) = 0.09 hour TIME OF CONCENTRATION, Tc =To+TCH= 0.15 _hour Page 2 of 6 Client: INTERMILL LAND SURVEYING Project No. GRD-332- 99 Project: HUNT-WIEDEMAND P.U.D. Date: May 6, 1999 Location: SEC. 14, T. 4 N. - R. 66 W., WELD COUNTY, COLORADO By: D.R.M. DETERMINE PEAK DISCHARGE: AREA #2 (continued) PEAK DISCHARGE, qp, DERIVED FROM FIG. S- 1 AT Tc = 900 csm/ inch q2=qp x(A/840)x Q2= 1.19 c.f.s. glee=qp x(A/840)x Qioo= 5.50 _c.f.s. AREA #3 CN = 79 _ S = (1000/CN)- 10= 2.68 _ P2= 1.53 inches Pict= 3.68 inches Q2= (P2- 0.28)2/(P2+ 0.8S) = 0.27 inches Quo= (Pico-0.28)2/ (Pico+ 0.8S) = 1.71 inches DETERMINE VOLUME OF RUN-OFF, V, AT CONCENTRATION POINT: AREA, A, DRAINING TO CONCENTRATION POINT= 2.4 acres VOLUME, V= (Qioo X A) / 12= 0.34 _acre-feet DETERMINE TIME OF CONCENTRATION: OVERLAND FLOW PATH LENGTH, Lo= 100 feet OVERLAND ELEVATION DIFFERENCE=4727-4728.5= 0.5 _feet OVERLAND SLOPE, So= 2.5/ 100= 0.50 _ FLOW VELOCITY DETERMINED FROM S.C.S. NOMOGRAPH, Vo= 0.5 feet/second OVERLAND TIME OF CONCENTRATION, To = Lo/(Vox 60 x 60) = 0.06 _hour CHANNELIZED FLOW PATH LENGTH, LCH= 400 feet CHANNEL ELEVATION DIFFERENCE= 4726-4724.0= 2 _feet CHANNELIZED FLOW PATH SLOPE, ScH= 1 /400 = 0.50 % FLOW VELOCITY DETERMINED FROM S.C.S. NOMOGRAPH, VcH= 1.1 _.feet/second HANNELIZED TIME OF CONCENTRATION, TcH = LCH/(VcH x 80 x 80) = 0.10 hour TIME OF CONCENTRATION, Tc =To+TcH= 0.16 hour Page 3 of 6 Client: INTERMILL LAND SURVEYING Project No. GRD- 332-99 Project: HUNT-WIEDEMAND P.U.D. Date: May 6, 1999 Location: SEC. 14, T. 4 N. - R. 88 W., WELD COUNTY, COLORADO By: _ D.R.M. DETERMINE PEAK DISCHARGE: AREA #3 (contInued) PEAK DISCHARGE, qp. DERIVED FROM FIG. S- 1 AT Tc= 900 csm/inch q2=qp x(A/840)x Q2= 0.92 _c.f.s. gioo=qp x(A/640)x Qioo= 5.76 c.f.s. AREA #4 CN = 80 S = (1000/CN) - 10= 2.50 _ P2= 1.53 inches Pioo= 3.68 inches Q2 = (P2-0.2S)2/(P2+ 0.8S) = 0.30 inches Qioo= (Pioo-0.2S)2/ (Pioo+ 0.8S) = 1.78 inches DETERMINE VOLUME OF RUN-OFF, V, AT CONCENTRATION POINT: AREA, A, DRAINING TO CONCENTRATION POINT= 33.5 acres VOLUME, V= (Qtoo X A) / 12 = 4.97 acre-feet DETERMINE TIME OF CONCENTRATION: OVERLAND FLOW PATH LENGTH, Lo= 400 _feet OVERLAND ELEVATION DIFFERENCE=4725-4723= 2 feet OVERLAND SLOPE, So=2/400 = 0.50 % FLOW VELOCITY' DETERMINED FROM S.C.S. NOMOGRAPH, Vo= 0.5 _feet/second OVERLAND TIME OF CONCENTRATION, To = Lo/(Vox 80 x 80) = 0.22 _hour CHANNELIZED FLOW PATH LENGTH, LcH = 900 feet CHANNEL ELEVATION DIFFERENCE=4724-4720= 4 _feet CHANNELIZED FLOW PATH SLOPE, SCH= 4/900 = 0.44 % FLOW VELOCITY DETERMINED FROM S.C.S. NOMOGRAPH, VcH = 1.1 _feet/second HANNELIZED TIME OF CONCENTRATION, TCH = I..CH/ (VcH x 60 x 60) = 0.23 _hour TIME OF CONCENTRATION, Tc =To+TCH= 0.45 hour Page 4 of 6 Client: INTERMILL LAND SURVEYING Project No. GRD-332- 99 Project: HUNT-WIEDEMAND P.U.D. Date: May 6, 1999 Location: SEC. 14, T. 4 N. -R. 66 W., WELD COUNTY, COLORADO By: _ D.R.M. DETERMINE PEAK DISCHARGE: AREA #4 (continued) PEAK DISCHARGE, qp. DERIVED FROM FIG. S- 1 AT Tc= 600 _csm/inch q2 = qp x(A/640)x O2= 9.44 c.f.s. gioo=qp x(A/640)x Q10o= 55.91 _c.f.s. AREA #5 CN= 80 _ S = (1000/CN)- 10= 2.50 _ P2 = 1.53 inches Pioo= 3.68 inches Q2= (P2-0.2S)2/(P2+ 0.8S) = 0.30 _inches Quo= (Pico-0.25)2/(Pico+ 0.8S) = 1.78 inches DETERMINE VOLUME OF RUN-OFF, V, AT CONCENTRATION POINT: AREA, A, DRAINING TO CONCENTRATION POINT= 65 acres VOLUME, V= (Qioo X A) / 12 = 9.64 _acre-feet DETERMINE TIME OF CONCENTRATION: OVERLAND FLOW PATH LENGTH, Lo= 400 feet OVERLAND ELEVATION DIFFERENCE= 4725-4723= 2 feet OVERLAND SLOPE, So=2/400 = 0.50 % FLOW VELOCITY DETERMINED FROM S.C.S. NOMOGRAPH, Vo= 0.5 _feet/second OVERLAND TIME OF CONCENTRATION, To = Lo/(Vo x 60 x 60) = 0.22 _hour CHANNELIZED FLOW PATH LENGTH, LCH= 1600 feet CHANNEL ELEVATION DIFFERENCE =4728-4720= 8 feet C HANNELIZED FLOW PATH SLOPE, ScH=4/900 = 0.50 % FLOW VELOCITY DETERMINED FROM S.C.S. NOMOGRAPH, VcH = 1.1 _feet/second HANNELIZED TIME OF CONCENTRATION, TCH = LCH/0/CH x 60 x 60) = 0.40 _hour TIME OF CONCENTRATION, Tc =To+Tom= 0.63 _hour Page 5 of 6 Client: INTERMILL LAND SURVEYING Project No. GRD-332- 99 Project: HUNT-WIEDEMAND P.U.D. Date: _ May 6, 1999 Location: SEC. 14, T. 4 N. - R. 66 W., WELD COUNTY, COLORADO By: _ D.R.M. DETERMINE PEAK. DISCHARGE: AREA #5 (continued) PEAK DISCHARGE, qp, DERIVED FROM FIG. S- 1 AT Tc = 510 csm/inch q2 =qp x(A/640)x Q2= 15.57 _c.f.s. chop=qp x(A/640) x Qioo= 92.22 _c.f.s. Page 6 of 6 Ar'O of Colorado 1520 E. Douglas Rd. #6 Ft. Collins, CO 80524 (303) 224-3643 Diana Wolenetz The attached list of "Affected Property Owners" was prepared by oar office for the Hunt-Wiedeman PHD. To the best of our knowledge this list is a current and accurate representation of the owners of record and their respective addresses as recorded for tax notices at the Weld County Court :3ouse, in the state of Colorado, as of May 4, 1999. The area of "Affected Property Owners" was determined by our offices using a reference plat for the project provided by Intermill Land Surveying. APO of Colorado expressly disclaims any responsibilities for errors, omissions or inaccuracies that may arise as a result of the reference plat provided by the Weld County Assessor' s Office. Respecfully submitted, A,w..iwf Diana R Wolenetz President APO of Colorado HUNT-WIEDEMAN PUD NAMES OF PROPERTY OWNERS WITHIN 500 FEET FOR INTERMILL LAND SURV Please print or type BY APO OF COLORADO NAME ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL STATE AND ZIP CODE IDENTIFICATION 11 21538 WELD COUNTY RD 33 JERRY & THERESA GEORGEN LASALLE , CO 80645 1057-14-2-00-065 DARREL REIFSCHNEIDER 1749-400 MALLORY LANE BRENTWOOD , TN 37027 1057--14-2-00-066_ BONNIE & FRANK ECKHARDT 21454 WELD COUNTY RD 33 LASALLE , CO 80645 1057-.14-3-00-067_ 21454 WELD COUNTY RD 33 BONNIE ECKHARDT LASALLE , CO 80645 1057-- 14-3-00-069 ANTHONY/ANDREA MARTINEZ PO BOX 1057 1057- 14-0-00-057_ PLACID() & PHYLLIS PANDO LASALLE . CO 80645 2448 15T AVE WELD CO FARM LABOR SPUN GREELEY , CO 80631 1057- 14-0-00-006 1814 14TH AVE MELVIN DINNER/ET AL GREELEY , CO 80631 1057-14-0--00-055 1814 14TH AVE MELVIN DINNER/ET AL GREELEY , CO 80631 1057- 1.4-0-00--059 - ARTIJRO JR & PO BOX 493 1057-23-0-00-044 PRISCILLA IBARRA LASALLE , CO 80645 ANTHONY/BENITA HERNANDEZ 20952 WELD COUNTY RD 33 LASALLE , CO 80645 1057-23-0-00-011 DANIEL 5506 ARROWHEAD DR & DEBRA & BRANDON BAKER GREELEY , CO 80634 1057- 3-0-00- 045 16090 ST HIGHWAY 256 DANIEL & DEBRA BAKER LASALLE , CO 80645 1057-23-0-00-010 2318 25 ST RD IGALDINA RODRIGUEZ GREELEY , CO 80631 1057-23-0-00 052 WELD GRAIN CO 100 S 1ST ST %M R STEWART LASALLE , CO 80645 1057-23-0-00-043 U P STOCK YARDS 201 W UNION AVE LASALLE . CO 80645 1057-23 0-00-012 617 6TH ST MARTIN PRODUCE COMPANY GREELEY , CO 80631 1057-23-0-00-056 9407 E SUNBURST CT MAXWELL & DIANA HICKMAN SUN LAKES , AZ 85248 1057-23 -0-00-058 SAUL & PAULINE ENCINIA 21045 WELD COUNTY RD 33 LASALLE , CO 80645 1057-15-4-00-040 EDWARD/M EILEEN FRITZLER 20730 WELD COUNTY RD 31 _ LASALLE , CO 80645 1057-15-4-00-041 AGRICULTURAL PRODUCTS IN 700-1200 NORTH WATER ST ATTN: BETTY MILWAKEE , WI 53202 1057-15-4-00-032 AGRICULTURAL PRODUCTS IN 700-1200 NORTH WATER ST ATTN: BETTY MILWAKEE , WI 53202 1057-15-4-00-032 EDWARD & EILEEN FRITELER 20730 WELD COUNTY RD 31 LASALLE , CO 80645 1057-22-0-00-009 et''lc ' - ApptiCatOn C . 7-A- :. OF 2 _ vR].ilw ZDUN.n? 14' 'WE:: cetng fLrat sworn states that ts the _ ..rd _ a a_:._- _:e Lsat :._ tames a7f ac -='=s - s.;:. : _s _ -5ee5 o_ T- te=a_ .. .tier = 12Ca- ._. ._ _ .a .C from a .-c v_ =aljt - f __ _ sm an attcwnev l l I G _ _ _ _ _ ea an_. SD_.. t _ JO._.._Ln / if 29 c•'/k � !fl mac / _ _ , t_rp�,tt2,L "?3c�•`�:"�c '_fir; t ^cSFpc >► . ' =' Please print or ype al• ADDRESS. row,ucITY STATE AND ZIP CODE :;a:: n JTxp .L':rAri m..--. _170 h„tree!Suite t. 10i0 17th crr ,t �LuIe 2)0 )2.00(1_121-:4, 4 Ida fli r r _ ;-1 ,; .� { r,.�� y,yR,,i ado 4nh3 r_ P11"t'ersnip 4? North T inc in 4\ Tole .n r',_In�-a l k40:1 ri�:_hh•.� , Cartuon _ 745 T incohn Alvin R. (` ^t k l'ct- nC ;,r `r N[, h T ircL . T .11; I. I.. rji BUsir H. P Lrrn 3 `l .ta L' i 7: ,nft Ott +•a' `terl`71U Syr: ly'4:• =tea RIGHT OF WAY AND EASEMENT AGREEMENT THIS AGREEMENT is made and entered into this 16th day of February, 1999 , by and between TERRY WIEDEMAN and JANICE WIEDEMAN, with address of 13434 WCR 42, Platteville, CO 80615, and DAVID HUNT and KAYLEEN HUNT, with address of 14460 WCR 40, Platteville, CO 80615, hereinafter referred to as Grantors or First Parties, and MELVIN DINNER and DIANE M. DINNER, with address of 3660'. E. Dartmouth, Denver, CO 80210, ALBERT J. DINNER and JANICE R. DINNER, with address of 2800 S. University Blvd. , #132 , Denver, CO 80210, SIDNEY E. DINNER and SHIRLEY DINNER, with address of 6029 Pebble Lane Ct. , W . Bloomfield, MI 48322-3520, RAE BARNETT WEILAND, TRUSTEE OF THE RAE WEILAND REVOCABLE TRUST OF AUGUST 1, 1983, with address of Park Place, Unit 1662, 111 Emerson, Denver, CO 80218, and ETHEL LEE SEGAL, with address of 7877 E. Mississippi Ave. #1202 , Denver, CO 80231, all of whom are hereinafter referred to as Grantees or Second Parties, WHEREAS, the First Parties are the owners of Lot B of Recorded Exemption 'No. 1057-14-3-RE2112 , being a portion of the S/2 of Section 14, Township 4 North,Range 66 West of the 6th P.M. , Weld County, Colorado, lying West of U. S. Highway No. 85 as now located, containing 104 . 45 acres, more or less, and WHEREAS , the Second Parties are the owners of the surface and most of the oil, gas, minerals and mineral rights located on the following described property located in Weld County, Colorado (the Peckham Junction Farm) : (The Peckham Junction Farm) A part of the SW 1/4 of Section 14, Township 4 North, Range 66 West of the 6th P.M. , Weld County, Colorado, described by metes and bounds as follows: Beginning at the South Quarter Corner of said Section 14 , !thence North 0°05 ' East along the East line of the said SW 1/4 of Section 14 , a distance of 1524 . 1 feet to an intersection with the Southeasterly right of way line of the Union Pacific Railroad Company; thence South 41°14 ' West a distance of 1393 . 5 feet following said right of way line; thence South a distance of 496 feet to the South line of said Section 14; and thence East a distance of 913 . 65 feet to the point of beginning; subject to liquor clause as contained in deed recorded in Book 293 , page 277 of the Weld County records, together with all water, water rights, ditches or ditch rights, and irrigating facilities, and together with all appurtenances and heredi'taments thereunto belonging The SE 1/4 of Section 14 , Township 4 North, Range 66 West of the 6th P.M. , Weld County, Colorado, excepting that part o:f parcel of land particularly described as follows: Commencing at the Northwest Corner of said tract and running thence East along the North line of said tract 634 feet to a point 50 feet West of the center line of the railroad track; thence in a southwesterly course on - a line parallel with and 50 feet West from the railroad tract 964 feet to a point on the West line of said tract of land; thence North along the West line of said tract 731 feet to the place of beginning, making a triangular piece of land on the West side of the railroad track containing three (3) acres, more or less, together with . 15 shares of the capital stock of The Farmers Independent Ditch Company and 4 shares of the capital stock of The Western Mutual Ditch Company; and subject to rights of way for the Union Pacific Railroad Company as such exists over said lands; together with all water, water rights, ditches, ditch rights and irrigating facilities and wells belonging to, used upon or in connection with said described land; and together with the appurtenances and hereditaments thereunto belonging All that past of the S 1/2 NE 1/4 of Section 14 , Township 4 North, Range 66 West of. the 6th P.M. , Weld County, Colorado, lying East of the center line of the presently existing right of way of the Union Pacific Railroad Company, excepting therefrom that certain parcel heretofore conveyed by deed recorded December 12 , 1969 under Reception No. 1540235 in Book 618 of the Weld County records, together with all water, water rights, ditches and ditch rights, and irrigating facilities belonging to, used upon, or in connection with said described land, and including 4 1/2 shares of the capital stock of The Farmers Independent Ditch Company, and 1 1/2 shares of the capital stock of The Western Mutual Ditch Company A parcel of land situated in the NE 1/4 NE 1/4 of 'Section 14 , Township 4 North, Range 66 West of the 6th P.M. , Weld County, Colorado, more particularly described as follows: Beginning at a point in the East line of said Section 14 , 100. 87 feet South of its intersection with the southeasterly right of way line of the Union Pacific Railroad, said point of intersection being 713 . 38 feet, more or less, South from the northeast corner of said Section 14 ; thence from said point of beginning South along the East line of said section 508. 86 feet, more or less, to the southeast corner of the NE 1/4 NE 1/4 ; thence along the South line of said NE 1/4 NE 1/4 South 89°53 ' West 472 .95 feet to a point marked by an iron pin, said point being 60. 15 feet East of the intersection of the South line of said NE 1/4 NE. 1/4 with the southeasterly right of way of said railroad; thence from said point North 42°51 ' East 695.41 feet to the point of beginning. The East line of said section is considered -2- to bear true North and all bearings are referred thereto, being a parcel containing 2.76 acres, more or less Excepting that portion conveyed by deed dated May 1, 1986, recorded May 22, 1986 in Book 1113 under Reception No. 02054547 of the Weld County records executed by Ida Dinner, Rae Barnett Weiland, Sidney E. Dinner, Albert J. Dinner and Melvin Dinner, as grantors, to Ralph Nix Produce Company, a Colorado corporation, covering the property as more particularly described therein, containing 8 .88 acres, more or less, containing approximately 201 acres, more or less, and WHEREAS, Second Parties, as the owners of the Peckham Junction Farm as hereinabove described are, in addition to a series of irrigation wells located on the above described property, also the owners of shares of water stock in The Farmers Independent Ditch Company and shares of water stock in The Western Mutual Ditch Company, all of which are utilized in connection with irrigated farming operations on the above described Peckham Junction Farm and other irrigated farming operations located nearby, and WHEREAS , the irrigation ditch of The Farmers Independent Ditch Company traverses through portions of Section 29 , Section 21, Section 15 and Section 11 of Township 4 North, Range 66 West of the 6th P.M. , Weld County, Colorado, and WHEREAS , the headgate for supplying of irrigation water to the above described Peckham Junction Farm is located on the East side of the ditch of The Farmers Independent Ditch Company as said ditch traverses through the SW/4 of said Section 15, Township 4 North, Range 66 West of the 6th P.M. , Weld County, Colorado, and WHEREAS, from said headgate, the irrigation water for the Peckham Junction Farm flows into an open irrigation ditch which traverses in a southeasterly direction through the SW/4 and thence through the SE/4 of said Section 15 in an open ditch to a point near the east side of said SE/4 of said Section 15, where said irrigation water flows into and through a culvert located under Weld County Road 33 . The irrigation water thence flows in an easterly direction in said underground pipeline to an open concrete box located near the East side of said Weld County Road 33 , where said irrigation water enters into and through a 15" underground pipeline f::om said open concrete box and traverses in a southeasterly direction across Lot B of said Recorded Exemption No. 1057-14-3-RE2112 to an open concrete box located near the West side of said aforementioned Lot B of Recorded Exemption No. 1057-14-E- RE2112 , and West of U.S. Highway No. 85, from whence said irrigation water thence flows into and through a culvert located underneath U.S. Highway No. 85 and the Union Pacific Railroad Company right of way to an outlet of said culvert near the south -3- line of said Section 14, Township 4 North, Range 66 West of the 6th P.M. , Weld County, Colorado; said irrigation water thence flows in an easterly direction in a concrete ditch located on the north side of Weld County Road 44 , which irrigation water thence flows in this open concrete ditch along the north side of said Weld County Road 44 into and on the property of the above described Peckham Junction Farm where said waters are utilized for irrigation purposes on the above described Peckham Junction Farm, and Whereas, a specific legal description of the thirty foot underground easement of and for said irrigation pipeline traversing across Lot E. of said Recorded Exemption No. 1057-14-3-RE2112 is more fully described in Exhibit "A" attached hereto and incorporated by reference herein, and WHEREAS, said presently existing underground irrigation pipeline was formerly an open ditch for the conveyance and transfer of irrigation water over and across said above described Lot B of said Recorded Exemption No. 1057-14-3-RE2112 , for a period of approximately 100 years and was converted to an underground irrigation' pipeline on or about .1987, and WHEREAS, First Parties have heretofore filed an Application for PUD Change of Zone of said Lot B of Recorded Exemption No. 1057-14-3-RE2112 , to create five E (Estate) zoned lots, one commercial lot for a garage, with a 78.2 agricultural outlot and 2 . 82 acres of open space, and WHEREAS, the parties hereto desire to confirm in writing• the location of said thirty (30) foot easement pertaining to said irrigation pipeline and the open boxes heretofore constructed in connection therewith and the perpetual rights of access (being ingress and egress) thereto and therefrom for the purpose of maintaining said pipeline, boxes, structures and other improvements and making any and all necessary repairs and replacements thereto, NOW THEREFORE, for good and valuable consideration, the First Parties do hereby agree to and do hereby give, grant and convey in perpetuity to the Second Parties herein a thirty (30) foot easement and right of way over and across the above described Lot B of Recorded Exemption No. 1057-14-3-RE2112 as more fully described in Exhibit "A" attached hereto and incorporated by reference herein, together with any and all rights of access thereto, said easement and right of way being fifteen (15) feet on each side of the center line of the pipeline, including means of ingress and egress, for the purpose of maintaining said easement and right of way and constructing, maintaining, lowering, raising, replacing, changing the size of, and removing the pipeline and related structures and improvements, and making any and all such repairs and/or replacements as deemed necessary, and all appurtenances convenient for the maintenance and operation of said line, and for the transportation of water under, on, over and through said premises -4- hereinabove described. That the recitals as hereinabove described and contained herein are incorporated by reference herein. It is further recognized, understood and agreed by the parties hereto that Second Parties shall be responsible for the maintenance, upkeep, repair and replacement of the easement and the pipeline and related structures and improvements. That maintenance of the ' easement areas as needed and maintenance, repair and replacement of the pipeline and related structures and improvements by the Second Parties will be done in a reasonable manner in order to avoid as much as possible with major interference to First Parties. That except in the case ofemergency situations, the Second Parties will attempt to provide adequate notice in advance to First Parties prior to commencing construction for purposes of making repairs and/or replacement of the pipeline and related structures and improvements on and in the easement area. That no buildings, structures or improvements shall be placed or constructed by First Parties upon said easement area nor shall any machinery, equipment or other items of personal property be placed upon said easement area that will in any manner interfere with the easement or impede the use of said underground pipeline and the structures pertaining thereto. This agreement shall be construed in accordance with the laws of the State_ of Colorado. This agreement shall be binding upon the parties hereto, their heirs, personal representatives, legal representatives, successors and assigns. i IN WITNESS WHEREO , e have hereunto executed this instrument this %A day of , 1999. Vim/, ��. L%il ��'2iv`'✓ er < Wiedeman • a ice Wiedeman D vid Hunt -5- , Kt Ka 1 n Hunt First arties � I Y Melvin Dinner Diane M. Dinner AU ^Q Albert inner 7/i . all ce R. inner dQ bCiw�c {l7 Sidney E.'inner hirleJDinner l -n-P . I J O.-4--‘4..e - - -t.JCQ.0..Q Rae Barnett Weiland, Trustee of the Rae Weiland Revocable Trust of August 1, 1983 Ethel Lee Segal Second Parties -6- , STATE OF COLORADO ) ss. COUNTY OF WELD ) The regoing instrument was acknowledged before me this O L day of /� , 1999 by Terry Wiedeman and Janice Wiedeman. WITNESS My han and official seal. My comm:issi e ' ife \ I:mt.'f K 4.4E)Z ) t:^' Notary Public URa �: STATE OF COL0RAD !r COUNTY OF WELD f ) The fb e•oing instrument was acknowledged before me this 0202 day of 1 , 1999, by David Hunt and Kayleen Hunt. WITNESS S,ra ' nth official seal. My co p.ss�on expites'r 2_1✓�0Z c,-dd/ i 7gHA E w Y� L ,' S(i :Ti IF. J. E n °„�•"• c;"+,r Notary bl STATE OF COLORADO ) ) ss. COUNTY OF WELD ) i The_loregoing instrument was acknowledged before me this day of /�yAti , 1999 by Melvin Dinner and Diane M. Dinner. WITNESS My hand and official seal. My commission expires: a?-1 /9 .rte, , i �XC ,%. Nota blic'� <,,,,-* - '•' O' ... -1 ) i , c. Z N ie -7- u STATE OF. COLORADO ) CITY AND ) ss. COUNTY OF DENVER ) Th f regoing instrument was, acknowledged before me this PO �.5-L2 , 1999 by Albert J. Dinner and Janice R. U6 p,•zi WITI4 My hand and official seal. ANN MARIE : i . SMINII cp .ssion expires: (26,9 c2)4f2/ /Q99 ‘3:\ SOF OO.AQP 4r.11u 1 STATE OF MICHIGAN ) ss. COUNTY OF OAKLAND ) • The for !going instrument was`acknowledged before me this / ST day of //9AReN , 1999 by Sidney E. Dinner and Shirley Dinner. WITNESS My hand and; official seal. { My commission expires: l Note y Public JUDITH M. L PA- NOTARY PUBLIC-WAYNE COUNTY,M) STATE OF COLORADO ) ACTING IN 044A CO.,MI MY COMMISSION EXP.09106f2'Wt CITY AND ) a COUNTY OF DENVER ) ! e oregoing instrument was acknowledged before me this /6p `" day of /� , 1999 by Rae Barnett Weiland, Trustee of the Rae Weila d Revocable Trust of August 1, 1983 . WITNESS My hand and. official seal. My commission expires: . /�96? , . S; ...... (/ A."PJ mil�J � No r -feu . y bli • . MARIE IC ' * OF COLPO , 1 . -g STATE OF COLORADO ) CITY AND ) ss. COUNTY OF DENVER ) Thg f,gregoing instrument was acknowledged before me this /(o day of CGLC�J , 1999 by Ethel Lee Segal. WITNESS My hand and official seal. My commission expires: 1) /9"9 q A i rim LI.f O No y u 11 •.m coLoRmi j -9- REFERRAL LIST NAME: David& Kayleen Hunt/Terry&Janice Wiedeman CASE NUMBER: S-493 REFERRALS SENT: May 19, 1999 REFERRALS TO BE RECEIVED BY: June 8, 1999 COUNTY TOWNS and CITIES Attorney __Ault _X_Health Department Brighton Extension Service __Broomfield Emergency Management Office __Dacono X_Sheriffs Office Eaton Public Works:_X_Don Carroll Ron Broda __Erie Housing Authority Evans Airport Authority __Firestone _X_Building Inspection Fort Lupton _X_Cade Enforcement Frederick STATE Garden City Division of Water Resources _X_Gilcrest Geological Survey Greeley Department of Health __Grover _X_Department of Transportation _Hudson Historical Society Johnstown Water Conservation Board Keenesburg _Oil and Gas Conservation Commission Kersey Division of Wildlife: _X_LaSalle West of 1-25 (Loveland) Lochbuie _East of 1-25 (Greeley) Longmont Division of Minerals/Geology Mead FIRE DISTRICTS Milliken Ault F-1 New Raymer Berthoud F-2 Northglenn Briggsdale F-24 Nunn Brighton F-3 Pierce Eaton F-4 __Platteville Fort Lupton F-5 _Severance Galeton F-6 Thornton Hudson F-7 Windsor Johnstown F-8 X_La Salle F-9 Mountain View F-10 COUNTIES Milliken F-11 Adams Nunn F-12 Boulder Pawnee F-22 Larimer Platteville F-13 Platte Valley F-14 FEDERAL GOVERNMENT AGENCIES Poudre Valley F-15 US Army Corps of Engineers Raymer F-2 USDA-APHIS Veterinary Service Southeast Weld F-16 Federal Aviation Administration Windsor/Severance F-17 Federal Communication Commission Wiggins F-18 Western Hills F-20 SOIL CONSERVATION DISTRICTS Brighton OTHER Fort Collins Central Colo.Water Conservancy Dist. X_Greeley Panhandle Eastern Pipe Line Co. Longmont _X_School District RE-1 West Adams Ginny Shaw(MUD) Ditch Company COMMISSION/BOARD MEMBER DEPARTMENT OF PLANNING SERVICES PHONE (970) 353-6100, EXT.3540 FAX (970) 304-6498 1555 N. 17TH AVENUE ' GREELEY, COLORADO 80631 C. COLORADO May 19, 1999 Hunt/Wiedeman c/o Intermill Landsurveying, Inc. 1301 N. Cleveland Ave. Loveland, OC 80537 Subject: S-493 - Request for approval of a PUD Final Plan on a parcel of land described as Lot B of RE- 2112; the 32 of Section 14, T4N, R66W of the 6th P.M., Weld County, Colorado. Dear Mr. Steve Stencil: Your application and related materials for the request described above are complete and in order at the present time. I have scheduled a meeting with the Weld County Utilities Advisory Committee for Thursday, June 10, 1999, at 10:00 a.m. This meeting will take place in the Weld County Planning Department, Room 210, 1555 N. 17th Avenue, Greeley, Colorado. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the Town of Gilcrest and the Town of LaSalle Planning Commission for its review and comments. Please call the Town of Gilcrest at(970)737-2426 and the Town of LaSalle at(970)284-6931, for information regarding the date, time and place of the meeting and the review process. It is recommended that you and/or a representative be in attendance at each of the meetings described above in order to answer any questions that might arise with respect to your application. If you have any questions concerning this matter, please feel free to call me. Sincerely, - U (//, ulie hester ✓� Planner ti 7------••••••••,\( wc,, , Weld County Referral O May 18, 1999 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant David & Kayleen Hunt / Case Number S-493 Terry & Janice Wiedeman • Please Reply By June 8, 1999 Planner Julie Chester • Project PUD Final Plan • Legal Lot B of RE-2112; the S2 of Section 14, T4N, R66W of the 6th P.M., Weld County, : Colorado. Location West of and adjacent to State Highway 85, north of and adjacent to Highway 256 and east of and adjacent to Weld County Road 33 • Parcel Number 1057 14 300068 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Weld County Planning Commission Hearing (if applicable) U We have reviewed the request and find that it does/does not comply with our Comprehensive Plan U We have reviewed the request and find no conflicts with our interests. U See attached letter. Comments: Signature Date Agency +Weld County Planning Dept. •:•1555 N. 17th Ave. Greeley,CO.80631 +(970)353-6100 ext.3540 4(970)304-6498 fax Hello