HomeMy WebLinkAbout981076.tiff DEPARTMENT OF PLANNING SERVICES
Weld County Administrative Office;, 1400 N. 17th Avenue, Greeley, CO 80631
Phone (970) 353-6100, Ext. 3540, Fax ft (970) 352-6312
MINOR SUBDIVISION FINAL PLAT APPLICATION
SITE SPECIFIC DEVELOPMENT PLAN
App. Ch'd By: Case Number:
App. Fee: Receipt Number
Record. Fee: Receipt Number:
Planner Assigned to Case:
TO BE COMPLETED BY APPLICANT. Please print or type, except for necessary signature.
I (we), the undersigned, hereby request hearings before the Weld County Planning Commission and the Weld
County Board of County Commissioners concerning the proposed Change of Zone for the following described
unincorporated area of Weld County, Colorado:
LEGAL DESCRIPTION: 5.44:r UAtF of TLIE EgsT LIALF OF TUE uoxT4WEsT QUa2TE2 OF SECT10U 21
TowklSul? 4 UOr?ll, ¢AtAGE t 5 W6sT OF TUE toh P•M.,YJ .Lo CouuTV, Co tiLADo,
(If additional space is required, attach an additional sheet) (Lar f3 LE'7B9)
NAMEOFPROPOSEDMINORSUBDIVISION Ju&iLEE ACRES MIUo2 SUBpIVIS(ou
EXISTING ZONING ESTATE TOTAL AREA (ACRES) yo.ol AGtES +
NUMBER OF PROPOSED LOTS S LOT SIZE: AVERAGE 0.0 ± MINIMUM q.9 1 AGg.Es
OVERLAY DISTRICTS MOUE
UTILITIES: Water: Name: C-E JTCA w uuTv 'ud,E of T wT (extsrwc t2" L� )
Sewer: Name: iuDIVIDUAL SEWAGE Disposal_ SYSTEnkS (SEPTIC)
Gas: Name: VW AUE (PtoPosEo Fa. Lars 12.'i S - EXtSTwG CU IGT
Electric: Name: WgUL SaYILE (EXISTWG)
Phone: Name: U.S. WEST (EXISTING)
DISTRICTS: School Name: PE- I VALl-EY
Fire: Name: LA SAI,LE FIBS DtSTZtLT'
PROPERTY OWNERS OF MINOR SUBDIVISION FINAL PLAT AREA:
Name: MELLE D. 4410 4LLA L. GP.tEs6R.. Phone: (9,)) 284- I4Zt34
Address: Zoz9D weLp on Q.OAD 44 I A SALLE co A0(.4S'
Name: Phone:
Address:
APPLICANT OR AUTHORIZED AGENT (if different than above).
Name: Phone:
Address:
I hereby depose and state under the penalties of perjury that all statements, proposals, and/or lans submitted
with or contained within this application are true and correct to s f my knowledge. c
Signature: Owner or Authorized Agent
Revised: 1-22-96
24
981076
Final Plat Application Packet for
JUBILEE ACRES MINOR SUBDIVISION
East Half of the East Half of Sec. 214-65,Weld County
a.ka.Lot B of Recorded Exemption No.789
Prepared for:
Merle D.and Karla L. Grieser
20390 Weld County Road 44
LaSalle, CO 80645
Ph: (970)284-6284
Prepared by:
INTERMILL LAND SURVEYING,INC.
Jason Alice,Project Coordinator
1301 N Cleveland Avenue
Loveland, CO 80537
Ph: (970)669-0516
January,1998
(1)
991 076
Application Form
See included Minor Subdivision Final Plat Application Form
Title Commitment
See included Temporary Tide Commitment
Proposed Subdivision Uses
Each of the five(5)proposed lots will be used for the residential purposes of the future owners.
Lot 3 of this minor subdivision will include an existing residence that will be sold along
with the lot.Lot 5 has existing gas structures that will be protected by easements and Lots
1,2 and 4 have no existing structures on them at this time.
Summary of Concerns
Weld School District RE-1 and the Town of LaSalle had no comments or concerns about the
proposed minor subdivision.Public Works commented on several aspects of the proposal. They
commented on the sixty(60)foot existing right of way on Weld County Road 44 which exceeds
the minimum for a collector status road. The cul-de-sac radius meets requirements and the sight
distance from the access to the crest of the hill measured 609 feet which meets the 550 foot
minimum distance.They required that all lots must access onto an internal road system,which is
achieved by the construction of Jubilee Way. The turning radius onto WCR 44 is to be 20'
minimum on both sides.Public Works also requested that the applicant submit a drainage report
with all necessary calculations for on-site and off-site drainage which is included in the report
prepared by Foundation Engineering,dated January 16, 1998.They requested that a typical road
cross section be included, it will be placed on the final plat map,the plan and profile and the
final drainage map.Platte Valley Soil Conservation District had comments on the limitations of
certain soils being fit for the development of septic systems,the extremely erosive potential of the
soils and on the grazing management of the land. The Division of Wildlife stated that very little
wildlife habitat should be disturbed by this development but future homeowners should be
informed of the existing wildlife species that probably will not move away. The Environmental
Protection Service required that all proposed homes must acquire a Weld County Septic Permit
and that all septic systems be installed per the Weld County Individual Sewage Disposal
regulations.
Proposed Lots
The total number of proposed lots for the Jubilee Minor Subdivision is five(5) lots. Each lot
will contain anywhere from 5 to 17 acres. One lot will be sold with an existing residence.
(2)
1'91.076
Circulation System
The circulation system will consist of a twenty(20)foot wide access road that will run north/
south along the west property line,contained within an eighty(80)foot Ingress-Egress,Drainage
and Utility Easement.Each of the five(5)lots will access this internal road.The road will run
approximately 1320 feet,coming south off of Weld County Road 44 and end in a fifty(50)foot
radius cul-de-sac.The road will be constructed of four(4)inches of road base with sixteen
(16)foot borrow ditches running parallel along each side of the road.Each ditch will consist of a
4:1 slope which will give each ditch a depth of 2.5 feet,more or less.The road will have a 2%
slope.
Water Supply Report
Refer to the included report prepared by Central Weld County Water District dated January 23,
1998.
Sewage Disposal
Each lot will have an individual sewage disposal system installed as per the Weld County Health
Department requirements,and Individual Seweage Disposal Regulations.
Energy and Utility Letters
See included letters from Central Weld Water,U.S. West and Public Service.
Covenants
See included Jubilee Acres Minor Subdivision Protective Covenants packet.
Existing Easements
Refer to Final Plat Map and deed recorded September 25, 1986 in Book 1129,at Reception No.
02070941 included in the Tide Commitment.
Improvements Agreement
See included Subdivision Improvements Agreement Packet.
Final Plat Drainage Report
See drainage report prepared by Foundation Engineering dated January 16, 1998.
Affected Property Owners
See included A.P.O. list and letter from APO of Colorado.
(3)
991076
Mineral Owners
On June 10, 1997,a meeting was held on site with the property owners,and representatives from
H&S Resources to discuss the minor subdivision proposal.The reps from H&S Resources had
no objections to the proposal but did show some concerns about retaining their access to their
tank batteries and well sites,and also access to their underground mains and supply lines in case
maintenance is needed. As stated to H&S Resources,all of their production facilities and lines
will have adequate easements,and the proper setbacks and offsets will also be applied so their
existing structures will not be interfered with by future construction,and access to all their
facilities will not be compromised in any way.
List of Mineral Owners
See included list of mineral owners and lessees of minerals.
Weld County Comprehensive Plan Compliance
This proposal complies by not being located on prime-agricultural land as defined by the USDA-
Soil Conservation Service.The property is classified as"Other Land"which is not considered
farmland of national or of state importance.The proposal is not adjacent to an existing
incorporated municipality,but the size of the development is not considered to be urban scale in
nature,and is located within three(3)miles of the town of LaSalle. The proposed uses will be
compatible with the surrounding land uses which are agricultural and small rural residential lots.
The property is in a location to have adequate water and sewer services. All existing
street/highway facilities providing access to the property are adequate in size to meet the
districts requirements.
Preserving Prime Ag-Land
Provisions have been made to preserve prime agricultural land by developing on non-prime,un
irrigated, rocky sloped land.The surrounding farms and agricultural land will not in anyway be
disturbed by the construction of any new homes that are built on the proposed minor subdivision.
No surrounding land should be affected by the construction of the access road either since a
"buffer zone" has been inquired between the west property line and the borrow ditch of
approximately 24 feet wide.
Public Water Supply
Domestic Water will be provided by the Central Weld County Water District.They have
confirmed that additional water service can be made available to this property provided all
requirements are satisfied. Also see included C.W.C.W.D W.D water supply report.
Sewage Disposal
Septic systems will be installed as per the Weld County Health Department and Individual
Sewage Disposal Regulations for each lot.
(4)
P91076
Soil/Topographical Conditions
See the Geological and Mineral Evaluation prepared by Foundation Engineering dated February
19, 1997.
Adequate Internal Access
The proposed street within this minor subdivision is classified as a locater road. Only one access
per legal lot will be permitted.The road will be twenty(20)feet in width,have a four(4)inch
deep road base and borrow ditches along each side.The access will be an adequate street to
handle the structural capacity to meet traffic requirements.
Off-Site Street Facilities
The offsite street,Weld County Road 44,is an adequate collector road with a width of
approximately 24 feet. It appears to be in good structural shape.
Right of Way Maintenance
See included Jubilee Acres Minor Subdivision Protective Covenants packet.
Minor Subdivision Contiguousness
The minor subdivision site is Lot B of RE-789 recorded September 18, 1985, records of Weld
County and is not a part of or contiguous with any previously recorded subdivision or
unincorporated townsite.
No On-Street Parking/Additional Accesses
There will be no on-street parking permitted along the proposed street,nor along Weld County
Road 44.Each lot will have an individual access along the internal street and will be required
to park within their individual lot.No additional accesses that tie directly into Weld County Road
44 will be created.
Internal Road System
All access from lots will ingress/egress onto Jubilee Way which will be constructed within the
Jubilee Acres Minor Subdivision.
Drainage/Stormwater Management
See drainage report prepared by Foundation Engineering dated January 16, 1998,
(5) !:"91.076!:"91.076nn076
Maximum Lot Number
Jubilee Acres Minor Subdivision will contain five(5)lots,meeting the maximum number of lots
allowed for a minor subdivision as stated in the Weld County Subdivision Ordinance,Page 11,
Section 4.1
Fire and Police Protection
The minor subdivision is located within three(3)miles of the town of LaSalle. At an average
speed of forty-five miles per hour,the site can be reached in approximately five(5)minutes.
(6)
9'O76
Intermill Land Surveying
•Re FISTS h Colorado 6 Wyomhp-
PA 1301 N.Cleveland Ave. '
Loveland,Colorado 80637 �;i�N i•
(970)689-0518
f ' j Fax(970)836-9775
Fatty 18, 1998
Attention:Sheri Eason
Weld Caamy Planning
1400 N 17th Avenue
Greeley,CO 80631
RE: Jubilee Acres Minor Subdivision(Calmer Min. Sub.)
Dear Shan(,
After thither review of the wont design of the Jubilee Acres Mina Subdivision(Griever Minor
Subdivision)our client would like to reduce the width of the street from 20 feet to the counties minimum
'Unclad for an interns'road system ofa minor subdivision which is currently set at 18 feet.Please review
this change and if any questions or concerts should arise please feel free to contact us by phone(970-669-
0516)or fax(970.635-9775).Thank you ibr your time and effort,and your pennon on this project
Sincerely.
Jason S.Misc
Pnleot Coordinator
Weld County Planning Dept.
FEB 1 9 1998 .
R GEIVED
991076
FEB 18 '98 13:42 9706359775 PAGE.002
April 6, 1998
Ms. Gloria Dunn, Planner
Department of Planning Services
Weld County Administrative Offices
1400 N. 17`h Avenue
Greeley, Colorado 80631
Re: Jubilee Acres Minor Subdivision
Dear Gloria:
This is to address some concerns that you expressed at our meeting March 27, 1998,
when we reviewed different areas of our application for the above mentioned subdivision.
We originally proposed using building envelopes on the lots to address the concern of our
adjacent neighbors, the Petersons, across from Lot 1. As we never wanted to block anyone's
view of the mountains, we asked Mr. Stencel if there was some way that we could restrict the
location of buildings on the lots in question so that they wouldn't block the mountain view for
the Petersons, and he suggested the use of building envelopes. We have indicated building
envelopes on Lot 1 and Lot 2 for that purpose. Lot 3 already has established buildings and
causes no-restriction of view, and is located on the final plat. Lot 4 and Lot 5 are adjacent to
wheat fields and totally away from any possibility of interfering with neighbors' views. We have
indicated the non-buildable areas on Lot 2 and Lot 5 surrounding the oil well and production
facilities, also showing easements for pipelines on the affected lots. We also indicate the swale
areas on Lot 4 and Lot 5 as non-buildable areas. These areas are not wet areas, but are areas of
runoff and drainage when we have heavy rains. The non-buildable areas on Lots 4 and 5 in
essence create building envelopes and we feel that is restriction enough on those lots.
In referring to the audio tape of the actual hearing, the major concern of dust control was
in regards to barren soils on the lots, ie, overgrazing, and there were also questions raised about
the possible dust from the road. We submit the following steps either already in place or planned
that create a dust control plan for the subdivision:
1. We have created a buffer zone for dust as well as noise by having the road moved east
from the property line sixty feet. The Kelley's home is situated to the west of the drive
approximately 130-150 feet with evergreens along their property line that filter any dust that
might happen to drift that way. Prevailing winds normally would not allow dust to drift to the
west. The homes to the east are up the hill and over 600 feet from the drive.
2. The drive will be constructed according to county recommendations with 4 inches of
clean gravel over the surface with minimal dust. In the past, we had friends that were required,
after county hearings concerning complaints by neighbors about excessive dust from their dirt
road, to gravel their drive to reduce the dust. This will not be a dirt road.
3. We will erect a 20 mile per hour speed limit sign at the entrance of the drive to slow
cc?', free•
,
the traffic down and also help to minimize dust.
4. We have addressed dust abatement in our covenants in requiring homeowners to plant
and maintain non-weed vegetation on their lots. That, along with the county limitations of
animal units allowable on each lot, should prevent any wind erosion that results from barren
soils. We had hoped to start on that this spring, but, until the final plat is actually recorded, it
will be too late to plant according to recommendations before the spring of 1999.
After reviewing the tape of the hearing, Mr. Stencel, as our representative, did state that
we were going to have a homeowners' association using covenants and restrictions to address the
maintenance of common property within the subdivision. That is included with the other
requested materials today. Our intent is to comply with the responsibilities that we have as we
develop this subdivision to make it good for all concerned. We feel that we have adequately
addressed road maintenance, the maintenance of the common right of way (buffer zone) between
the drive and the west boundary, and dust control all within the covenants of Jubilee Acres
Homeowners Association. If changes need to be made in verbage on the covenants to make this
acceptable legally, we will make any necessary changes.
We request that you write your recommendation to the Planning Board with any
additional changes as conditions of approval. We don't want any further delays beyond the
continuance to April 21, 1998. As we have submitted all that you recommended by your
deadline of April 6, 1998, we do expect to have only the two week delay that you promised, and
that-the hearing will be on the 21".
We really appreciate your time in meeting with us on the 27°i. In reviewing the tape from
the hearing Docket No. 97-56, Board of County Commissioners, 11/12/97, I feel that the minutes
are fairly accurate, but that some of the things aren't as clear as they would be if they weren't
taken out of context of the hearing particularly in regards to the building envelopes. One
example is the reference in the hearing certification to, "Merle Grieser, co-applicant, explained
each lot will have a building sleeve to restrict the placement of buildings." What is actually on
the tape and Merle really said is "envelopes on the property to protect views", not each lot. That
has always only incorporated the two front lots. At the hearing, Shani Eastin stated that building
envelopes and those types of issues would be addressed during the final plat process and wasn't a
factor in the rezoning. For clarification, I would encourage you to review the tape if you have a
chance.
Thank you for your time and consideration. It can't be easy to step into a project that has
already progressed this far. We do appreciate your diligence.
Sincelel—
Merle & Karla Grieser, Applicants
Jubilee Acres Minor Subdivision
Qt21076
CHICAGO TITLE INSURANCE COMPANY
COMMITMENT FOR TITLE INSURANCE
CHICAGO TITLE INSURANCE COMPANY, a corporation of Missouri, herein called the Company, for
a valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in
Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or
interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and
charges therefor; all subject to the provisions of Schedule A and B and to the Conditions and Stipulations hereof
This Commitment shall be effective only when the identity of the proposed Insured and the amount of
the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the
time of the issuance of this Commitment or by subsequent endorsement.
This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability
and obligations hereunder shall cease and terminate six months after the effective date hereof or when the policy
or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or
policies is not the fault of the Company. This Commitment shall not be valid or binding until countersigned by
an authorized officer or agent.
IN WITNESS WHEREOF, the Company has caused this Commitment to be signed and sealed, to become
valid when countersigned by an authorized officer or agent of the Company, all in accordance with its By-Laws.
This Commitment is effective as of the date shown in Schedule A as"Effective Date."
CHICAGO TITLE INSURANCE COMPANY
By:
sident
ISSUED BY: 6Z )kSE
By:
WELD COUNTY TITLE CO. ***vw- d�Y �J C; p
1221 8th Avenue ' -� ph&d. d oy �O�t n d,
(/ Secretary
Greeley, Colorado 80631 -
(970) 356-3232
Metro (303) 623-3232
Fax (970) 356-3248
Authorized 0 cer or Agent Qi?1.Q,‘1.076
, I
F. 2880 CTIRB: 5-1-75
COMMITMENT FOR TITLE INSURANCE
* * * *
SCHEDULE A
1. Effective Date: JANUARY 7, 1998 @ 7:00 A. M. RE: Our Order No. : CR44012
2 . Policy or Policies to be issued:
A. ALTA Owner' s Policy Amount $
Proposed Insured:
B. ALTA Loan Policy Amount $
Proposed Insured:
C. ALTA Loan Policy Amount $
Proposed Insured:
3 . The estate or interest in the land described or referred to in this
Commitment and covered herein is a fee simple, and title thereto is
at the effective date hereof vested in:
MERLE D. GRIESER AND KARLA L. GRIESER
4. The land referred to in this Commitment is described as follows:
Lot B, Recorded Exemption No. 1055-21-2-RE789, being a part of the E 1/2 NW 1/4
of Section 21, Township 4 North, Range 65 West of the 6th P.M. , Weld County,
Colorado, as per map recorded September 18, 1985 in Book 1084 as Reception No.
2025286.
1 - 5'x'1.076
COMMITMENT FOR TITLE INSURANCE
* * * * *
SCHEDULE B
Section 1
RE: Our Order No. : CR44012
REQUIREMENTS:
The following are the requirements to be complied with:
Item (a) Payment to or for the account of the grantors or mortgagors of the full
consideration for the estate or interest to be insured.
Item (b) Payment of all taxes, charges or assessments, levied and assessed against the
subject premises which are due and payable.
Item (c) The following instrument(s) must be properly executed and filed of record in
the Official Land Records of Weld County, Colorado, to wit:
NONE
9C-1 076
- 2 -
B-2 CONTINUED
CR44012
9. Right of way for utility line purposes as granted to Home Light and Power Company by
instrument recorded FEBRUARY 24, 1955 in BOOK 1412 at Page 465, said right of way
being along the County Road along the North line of subject property.
10. Right of way for ingress and egress purposes as granted to Harvey Franklin Goodman and
Gabrielle Goodman by instrument recorded SEPTEMBER 25, 1986 in BOOK 1129 as Reception
No. 2070941, said right of way being more particularly described as beginning at the
North 1/4 Corner of said Section 21;
thence along the North line of Section 21, West, 578.17 feet to the True Point of
Beginning;
thence continuing along said North line, West, 20.00 feet;
thence South 0055'58" West, 1323.02 feet;
thence North 89°56'48" West, 60.00 feet;
thence South 00°55' 58" West, 20.00 feet;
thence South 89056'48" East, 80.00 feet;
thence North 00 55' 58" East, 1342.02 feet to the True Point of Beginning.
11. Terms, conditions and provisions of Easement and Surface Use Agreement, between Merle
D. Grieser and Karla E. Grieser and Elk Exploration, Inc. , a California corporation,
recorded OCTOBER 29, 1991 in BOOK 1315 as RECEPTION NO. 2267497; the exact location of
said easement not being specifically defined.
12. Restriction contained in Deed recorded September 25, 1986 in Book 1129 as Reception
No. 2070941 which states that regular use of this easement will necessitate grantee
participating in maintenance of same.
13. Terms, conditions and provisions of Surface Owner's Agreement, between Merle D.
Grieser and Karla L. Grieser and Union Pacific Resources Company recorded NOVEMBER 19,
1991 in BOOK 1314 as RECEPTION NO. 2269664.
14. Right of way for various purposes as granted to Resource Gathering Systems, Inc. , a
California corporation, by instrument recorded JUNE 30, 1995 in BOOK 1499 as Reception
No. 2444889, said right of way being 25 feet in width, 12.5 feet on each side of the
following described centerline:
Commencing at a point on the West line of the NW 1/4 of said Section 21, 1553 .4 feet
South of the oCorner thereof;
Thence South 67 01' East, 1137.5 feet;
Thence South 42°03' East, 106.3 feet;
Thence South 67°22' East, 200.9 feet;
Thence North 8926'° East, 748.1 feet;
Thence North 75°03' East, 569.7 feet;
Thence South 00°19' East, 553 .7 feet;
Thence South 17°53' East, 135.4 feet to a point on the East line of the NW 1/4;
Thence South 17°53' East, 95.00 feet;
Thence South 00°29' East, 870.4 feet;
Thence South 00°13' West, 1066 .4 feet to the end of said centerline.
CONTINUED NEXT PAGE
- 4 -
PC'l076
COMMITMENT FOR TITLE INSURANCE
* * * * *
SCHEDULE B
Section 2
RE: Our Order No. : CR44012
EXCEPTIONS:
The policy or policies to be issued will contain exceptions for defects, liens,
encumbrances, adverse claims or other matters, if any, created, first appearing in the
public records or attaching subsequent to the effective date hereof but prior to the
date the proposed insured acquires of record for value the estate or interest or
mortgage thereon covered by this Commitment; and exceptions to the following matters
unless the same are disposed of to the satisfaction of the Company:
1. Rights or claims of parties in possession not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any
facts which a correct survey and inspection of the premises would disclose and which
are not shown by the public records.
4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter
furnished, imposed by law and not shown by the public records.
5. Taxes and assessments which are a lien or due and payable; and any tax, special
assessments, charges or lien imposed for water or sewer service, or for any other
special taxing district, any unredeemed tax sales.
6. Taxes for the year 1998, a lien, but not yet due or payable.
*****NOTE: Please see Requirement Item b, Schedule B, Section 1.
7. Right of way for COUNTY ROADS 30 feet wide on either side of section and township
lines as established by ORDER OF THE BOARD OF COUNTY COMMISSIONERS FOR WELD COUNTY,
recorded OCTOBER 14, 1889 in BOOK 86 at PAGE 273 .
8. Reservation by the UNION PACIFIC RAILROAD COMPANY, its successors and assigns in Deed
recorded MARCH 25, 1907 in BOOK 233 at PAGE 80,
(1) all oil, coal, and other minerals, within or underlying said lands;
(2) the exclusive right to prospect in or upon said land for oil, coal and other
minerals therein or which may be supposed to be therein and to mine for and remove
from said land, all oil, coal and other minerals which may be found thereon by anyone;
(3) the right of ingress and regress upon said land to prospect for, mine and remove
any and all such oil, coal and other minerals and the right to use so much of said
land as may be convenient or necessary for the right of way to and from such prospect
places or mines, and for the convenient and proper operation of such propect places,
mines, and for roads and approaches thereto or for removal therefrom of oil and coal,
minerals, machinery, or other material;
(4) the right of said Union Pacific Railroad Company to maintain and operate its
railroad in its present form of construction, and to make any change in the form of
construction or method of operation of said railroad;
and any interests therein, assignments or conveyances thereof.
CONTINUED NEXT PAGE
- 3 •91 076
B-2 CONTINUED
CR44012
15. Deed of Trust from MERLE D. GRIESER AND KARLA L. GRIESER to the Public Trustee of Weld
County for the use of KERSEY STATE BANK, to secure the face amount of $29,223.00 dated
JULY 8, 1992 and recorded JULY 15, 1992 in BOOK 1343 as RECEPTION NO. 2295529.
16. Deed of Trust from MERLE D. GRIESER AND KARLA L. GRIESER to the Public Trustee of Weld
County for the use of FIRST NORTHERN SAVINGS & LOAN ASSOCIATION, to secure the face
amount of $58,500.00 dated JUNE 20, 1994 and recorded JULY 11, 1994 in BOOK 1450 as
RECEPTION NO. 2397140.
NOTE: Assignment to FEDERAL HOME LOAN MORTGAGE CORPORATION recorded JULY 11, 1994 in
BOOK 1450 as RECEPTION NO. 2397141.
17. Deed of Trust from MERLE D. GRIESER AND KARLA L. GRIESER to the Public Trustee of Weld
County for the use of INDEPENDENT BANK, to secure the face amount of $20,126.00 dated
FEBRUARY 13, 1997 and recorded FEBRUARY 27, 1997 in BOOK 1593 as RECEPTION NO. 2535202.
°CI.076
- 5 -
B 1085 kEC 02025629 0 ,'23/85 10: 18 AR2025629
----- F 0410 MARY ANN FEUERS _.IN CLERK & RECORDLA WELD ::'l/0 CO
Milk' argil, Made this 20th day of September in the year of ato Lord
•
one thousand aloe hundred and eighty—five between BEULAH F. BOHLENDER
whose street addrr_tta 104 N. 4th St. , City or Town of LaSalle
of the County of Weld . and
GRIESER and KARLA L. GRIESER and Stale of Colorado,of the first part,and MERLE D.
•
whose stmt address L 23222 Weld Co. Rd, 34 1/2 . City or Town of I,aSd1,1e 80645 . and
of the County of Weld
and State of Colorado,of the aewud part;
Wltneaseth,That the Laid part Y of the first part,:forand in consideration of the KIM of Other good and
valuable consideration and TEN and NO/100
to the said part y. of the first part in hand paid by the said parties of the secondDOLLARS.
con-
(reseed(eseed and acknowledged,ha Spart, the receipt .,whereof la hereby Bell
convey and confirm,unto the aid parties granted,f the secondpart, nosold and t tenancy y i and by m these but in ona en• grant,t,
ry in common but to joint terraac �bargsin, sell,
- them, their assigns and the heirs and assigns of such survivor forever, all the following tenancy, a survivor ofland
df
situate, lying and being in the County of Weld described lot 'or panel of
and State of Colorado, to-wit: .- r�ent )`J�h q•f
.. c:t:
SEP
$ .li-.s..-._..-.___ •
SEE ATTACHED DESCRIPTION
I •
n� •
.
•
vsc
..
•
Together'with all and singular the hereditament and appurtenances thereunto belonging, or in anywise appertaining,
and the reversion and reversions, remainder and remainders, rents, Issues and profits thereof; and all the estate, right, title,
interest, claim and demand whatsoever of the said part y of the first part, either In law or equity, of, la and to the above
bargained premises, with the hereditament.and appwte..nanoes.
To Ran and to Hold the said premises above bargained and described, with the appurtenances,unto the said parties of
the second part,the survivor of them, their assigns and the heirs and assigns of such survivor forever. And the said part y
of the first part, few her se1 f , her sirs, executors, and administrators, do es bargain and agree to and with the said parties.ot the second part,the survivor of them, g sand the beim and assiigns of such survivor,that at the time of the ensealing shhar a�
and delivery of these present., She is cots seised of the premises
above conveyed,as of good sure, perfect, absolute and indefeasible estate of inheritance, in law,in fee simple,and ha.S
good right;full power and lawful authority to grant,bargain,sell and convey the same in manner and form aforesaid,and that
the lame tee Tree and clear from all former and other grant.
of
whatever kind or nature°oever,reservations recorded BK.n ti.,rg. 8t1; Speer
is in
orded Bk.474, Pg.411; utility easement orded Bk.1412 PPS 465; unce` b M°jt o , re •
—
d 985 taxes due andwayable in 1986 easement recdr�ed in _Countyt f� 1b/ o wayp•
and the above argues rem in Ile quit and peaceable 8k.1084 Ree.2025286 eeo Co
them, their ass; possession of the said parties of the second part, the survivor of
amigos and the heirs and assigns of such survivor, against all and every person or persons lawfully claiming or eCOI`dS
to claim the whole or any part thereof, the said part )r of tha'Srst part shall and will WARRANT AND FOREVER
DEFEND.
,
•
In Witness Whereof The said part Y of the1fust..part ha S hereunto set her seal the day and year fret above writtea. hand and ' .
Signed,Sealed and Delivered in the Pleseoce of • • n /
--
Rc..., et-A Cr l- C rt c�C.� (SEAL)
—...._............._..._._ Beulah'BohTen�r— '_ _
.} / — _(SEAL)
••---•--._._._.__ _.___.._.__—__..__._.._. (SEAL)
STATE Or COLORADO,
County of_» Weld }i°
_.._......_....._.—..».._...._..... The fore of instrument. was acknowledged
• before me thia-- I......_..v?..Q day°Li.,ye Se
—, (y 8S
6Beulah' Bohlender. T'"""
at' V •S �'•, Witness my band and ofelal '�-""•
••1 ' `' / ...1 1 - m J My comiamon expires.... 9 / 9,9 •
.-
-lrVl Z - ,. 4 • _-.. ..._?cam-_.CQ`�='t —_
•.'1�•Ov•. ..� . � , Notarypublia
a r t
33a-P-R6vlaso 1-72 WARRANTY DEED TO JOINT TENANTS—TM G L Nand Blank Book a Lna tla..Da.r,taa .d
Maths Address for.
Future Tax Notices Name
Mdlleg Address
INNIMMIMMUMNINNINI
B 1085 REC 02023629 09/23/85 10: 18
F 0411 MARY ANN FEUERSTEIN CLERK & RECORDER nLD CO, CO
PARCEL 1 :
Lot A of Recorded Exemption No. 1055-21-2-RE 789 , recorded September 18 ,
1985 in Book 1084 as Reception No. 2025286 , being more
des-
cribed as follows : Part of the East Half (E1/2) of the pNorthwest ly re
(NW1/4) of Section Twenty-one (21) , Township Four (4 ) North, Range Sixty-
five (65 ) West of the 6th P.M. , being r more l particularly described as
fu Cor) aid Section
21 , thence along the North line of said Section 21 West 658 .17sfeet ; thence
South 00°5S '58" W, 1323 .02 feet to the TRUE POINT OF BEGINNING ; thence
North 89°56 ' 48" W 658 .12 feet; thence South 00°55 ' 50" W 1322 .41 feet; thence
South 89°53 ' 37" E 658 .06 feet ; thence North 00°55 ' 58" E 1323 .02 feet to the
TRUE POINT OF BEGINNING .
PARCEL 2 :
Lot B of Recorded Exemption No. 1055-21-2-RE 789 , recorded September 18 ,
1985 in Book 1084 as Reception No. 2025286 , being more particularly des-
cribed as follows: The East Half (E1/2) of the Northwest Quarter (NW1/4)
of Section Twenty-one (21) , Township Four (4) North, Range Sixty-five
(65 ) West of the 6th P.M. ,
EXCEPT that part conveyed by Deed recorded August 18 , 1972 in Book 674 as
Reception No . 1595886 , being more particularly described as follows:
BEGINNING at the North Quarter corner of said Section 21 , thence along the
North line of said Section 21 West 658 .17 feet to the TRUE POINT OF BE-
GINNING; thence continuing along said North line West 637 .69 feet to the
Easterly Right-of-Way line of that certain parcel of land described in
Deed to Farmer 's Reservoir and Irrigation Company in Deed recorded under
Reception No. 167616 records of said County ; thence along said Easterly
Right-of-Way line S 9° 24 ' 00" W, 139 . 02 feet more or less to the West line
of the East Half (E1/2 ) of the Northwest Quarter (NW1/4 ) of said Section
21 ; thence along said West line S 0°55 ' 50" W, 1185 . 23 feet to the South
line of the North Half (N1/2) of the East Half (E1/2) of the Northwest
Quarter (NW1/4 ) of said Section 21 ; thence along said South line S 89°
56 '48" E, 658 .12 feet to a line which bears N 0°55 ' 58" E and passes through
the TRUE POINT OF BEGINNING ; thence along said line N 0° 55 '58" E, 1323 .02
feet to the TRUE POINT OF BEGINNING.
ALSO EXCEPT Lot A of Recorded Exemption No. 1055-21-2-PE 789 , recorded
September 18 , 1985 in Book 1084 as Reception No. 2025286 , being more par-
ticularly described as follow- : Part of the East Half (£1/2) of the North-
west Quarter (NW1/4 ) of Sectih .i 21, Township 4 North Range 65 West of the
6th P.M. , being more particularly described as follows: Beginning at the
North Quarter Corner (N1/4 Cor) of said Section 21 , thence along the North
line of said Section 21 West 658 .17 feet; thence S 00° 55 ' 58" W, 1323 .02
feet to the TRUE POINT OF BEGINNING ; thence N 89°56 ' 48" W 658 .12 feet ;
thence S 00°55 ' 50" W 1322 .41 feet ; thence S 89°53 ' 37" E 658 .06 feet ; thence
N 00°55 ' 58" E 1323 . 02 feet to the TRUE POINT OF BEGINNING.
PARCEL 3 :
An easement for ingress and egress across a portion of the property convey-
d in deed recorded August 18 , 1972 in Book 674 as Reception No. 1595886 ,
described as that part of the Northeast Quarter (NE1/4 ) of the Northwest
Quarter Sixty- W e l Twenty-one
Sixty-five (65 ) West of the 6th P Township
.M. ,, describedasfollows: BEGINNING at
the North Quarter corner of said Section 21 , thence along the North line
of said Section 21 West 1295 . 86 feet to a point on the Easterly line of
that certain parcel of land described in Deed to the Farmer's Reservoir
and Irrigation Company recorded under Reception No. 167616 records of said
County, said point being the TRUE POINT OF BEGINNING ; thence along said
Easterly line S 9°24 ' 00" W , 139 .02 feet to the West line of the East Half
(E1/2) of the Northwest Quarter (NW1/4 ) of said Section 21 ; thence along
said West line S 0° 55 ' 50" W, 1185 . 23 feet to the South line of the North
Half (N1/2 ) of the East Half (El/2) of the Northwest Quarter (NW1/4 ) of
said Section 21 ; thence along said South line S 89°56 '46" East , 20 . 00 feet ;
thence N 0° 55 ' 50" E , 1183 . 44 feet ; thence N 9°24 ' 00" E , 140 . 85 feet more
-r less to the North line of said Section 21 ; thence along said North line
Q"1.076
+ 1085 REC 02025629 09/23/85 10: 18 $9.00 3/003
0412 MARY ANN FEUERSTEIN CLERK 6 RECORDER WELD CO, CO
West 20 .48 feet more or less to the TRUE POINT OF BEGINNING.
Also an easement for pipelines as reserved in deed recorded August 18,
1972 in Book 674 as Reception No. 1595886, described as that part of the
Northeast Quarter (NE1/4 ) of the Northwest Quarter (NW1/4) of Section
21, Township 4 North, Range 65 West of the 6th P.M. , described as follows :
A. An underground irrigation tile or water pipeline, with construction
right of way 20 feet in width and maintenance right of way 10 feet in
width, the center line of which shall be 35 feet South of the North line
of the property hereinabove described. Said pipeline to be buried a
minimum of 36 inches below the surface of said property.
B. An underground soft water pipeline, with construction right of way
20 feet in width and maintenance right of way 10 feet in width , extending
North and South along the extreme Easterly 10 feet of the lands above
described and conveyed to Grantees . Said pipeline to be buried a minimum
of 36 inches below the surface of said property.
a
Q' 1..0'76
I • 6QDK� �� rw4(jJ • Nr.Ttl. Perrn.rNIINTI.Y
I ..
I
Corral: ' qp''' ''; Pecortin1_---_ L -Jf -01 F.R_r.
,
at.o_
- ,,‘ L-,- � V' � ,n, 1 •195, Agent J_l'Ln, —y.lOtm
Ni � `._ Jam_... \\
A $ 5.00 RECEIVED 0I11iOMH LIGHT AND POWER COMPANY2...-._.._-.._._.
— tn� I Dollen, in consideration of which Yn.. hereby grant unto said Company, Its mecasors and assigns, the right, privilege
and authority to construct, operate and mainuin its electric trausmlp.ion, ypribestyn and ser ke lines, whether said
., d I lines now or may hereafter serve the property herein described or other property, with all poles, crop. arms, cables,
•- Z I wires, guys, supports, fixtures and devices, used or useful in the operation of mid�linel, through and along a course as
O I said line may be hereafter constructed in, through, over or across 4. lit_lit
•
of Section _..21 , Township _...A_....... North, Range._ Sb....._.West, of the Sixth Principal )'-ridlen In the County
of'Weld, State of Colorado, the ■
PPrasimate center One of which right of way is more particularly described as follows:
Beginning at a point thirty-one (31) Seat .South of the Yorthseat_(Nal.Cornc,x _
f the Northeast Quarter (NE4).of the. Yorthient Quarter _
(114) af.saiti Section
Twenty-Case ,(21),- thence _14 an.Eastarly.direction,..parallel...to_and_thir•ty_ona...(31) �a
.Seat..Beath..af_i.lue North._Boundary.of..said_.Section..Teenty.,,tme_(yla,._to.i_point_th1,_ty-
..one (31) feet_South..of.thu .Northeast_(NE)...Corner...of._tha_North=est._Quer ter..(Nile)...'al
.
.said Section. Twenty-Oran (Z1) .....
•
_ X50
•
I I � '
& ) iI Q-
( � `bI
o 3
•
H• d '. _. .......__.-. ._._...._.._
A E.I.
Together with the right to enter upon said premises, survey, construct maintain, opera•,', control and use 44Ov line. and to remove objects interfering therewith, and the right to permit the attachment of wirer GI any other Company.
q N The grantors reserve... the right to cultivate, use and o:cupy said premises for any purpose consistent with the ririns
and privileges above granted end which will not interfere with or endanger any of the grantee's facilities therein or
uhi rluselle t erend, f. Innse casendd of the permanent abandonment of said right of way, W right, privilege and Interest herein granted
e.
o K fa The work of installing said lines shill be done with care, and all dame a to the
p repaired at the expense of the Company. [ Dre:,t.�c caused thereby slid: t,-
WZ This grant Is subject to existing mineral leases covering any part of the above descdb-d ',:vi.
=...o
O ' Witnees. ur hand.e..and seal-a..this r
n 'i—� day of .get .. ..6.. }.
.a I at taeleyc Colorado__
it. f,
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,,,1 •« C�.......•t•D�,p __ _.__._.._..__...-.._._-._. . .. (SEAL)
Z w1.1*, 1'5"a to
0 O "Alf asgoing Instrument was acknowledged before me
r 1 thb33 ni day of .at caret br 19‘1,1. by Daiyc.Rl dare and_Jtok-YGel«.
Witness ////�,I. o
m1 hood and of seal - _S_" i_ee_.L(14.£19,/.
�4
My rxmatledoe expires�6.��/.f J /i"
w.. /�
ii: RECORDSD AND PILED COPY PIP.. '76 N Public -••
•
t,,
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L
p
A1t2070141 at_ B 1129 REC 02070941 09/25/86 15:10 $3.00 1/001
..... F 1102 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
'- Quit CiaiMveea, ')
THIS DEED is a conveyance from the individual(sl. corporation(s) a other entity(ies) named below as
GR• TOR to the individuals)or entity(ies)named below as GRANTEE of whatever interest the GRANTOR
mas jaw in the real property described below.
The GRANTOR hereby sells and quit claims to the GRANTEE the real property described below with all its
appurtenances
The specific terms of this deed are:
Grantor 10M namwN)and plab(w of lealdonco.N IM spoon 01 the owbryanlor N(Gunny In IMO DOW M Soots MlnaaNed NMI.
Id.n°h realm M Mena and NS.)
&D RIESER and KARLA L. CRIESER
„n:/ Qgg{{rxirN 44
LaSalle, CO 80645
Dranlee: (Din amen)and a°°IMOIMI:OIns,Nnt of addNN.Including available rood or 0"M number.N Ipuir.a1
HARVEY FRANKLIN GOODMAN and GABRIELLE GOODMAN
20360 WCR 44
LaSalle, CO 80645
Fonn of Co-Own.rahlp: iImat ara two or more goons awned.they wINwconsidered lO Mot lannls in comma)union
me words•M loin'imam*r words of IM some mooning we added In IM Maw wtow.)
Joint Tenants
Property Description: (IMlun courtly and Male) An easement for ingress and egress, 20 feet
in width, over and across Lot B of Recorded Exemption No. 1055-21-2-RE 789,
recorded September 18, 1985 in Book 1084 as Reception No. 2025286, being more
particularly described as follows:
Beginning at the North Quarter Corner of said Section 21, thence along the
C
orth line of Section 21 West 578.17 feet to the True Point of Beginning;
thence continuing along said North line West 20.00 feet; thence SO0°55'58!'W,
1323.02 feet; thence N89°56'48"W, 60.00 feet; thence 500°55'58"W, 20.00 feet;
thence 389°56148"E 80.00 feet; thence NO0°55'58"E, 1343.02 feet to the True
Point of Beginning
s_
n
; Property Address:
on
Renryitons.flntrktlonl: (11 IM GRANTOR unman:trans any IMAM,In IM prope0y or In canny IMO then M wna.Of If
e me GRANTOR N marlin n IM Gametes rlgNN In IM sully.make appropriate I Ion.)
/Regular use of this easement will necessitate grantee participating in
2 \maintenance of same.
EnnulOa by IM GrwnM n September 16 ,le 86
E Signature Glasser is.Ca1Mrsan.sa wNMp M AMealwMa: el'
Name 01 Grantor Corporal'o .pMMOMp w ANMrelrn per, D. Cr e ' '� Donner,
oy /J 7
Karla L. Grieser Grantor
By
Offal*,
Allot
STATE OF COLORADO 1
COUNTY OF Weld I Pt,
Me ow nerrg rnwrunnl and MOnowN°gw blot, .mj" ` :" / on o1 September .:t 86
a,• Merle D. Crieser and Na Ir�:L. teieset�.l ,) )
WITNESS.,nand and Official Me :.—: ,1 AN Y)}1 C.t C�a,a�..y.,...fNV
fay e•aYMraNn noels: q. /5 8 o V,...N.�''•V,'••.• fJJP 11 ` trap heN
STATE OF �('`,,E••aa "' re
COUNTY of .1'• �.';0
.r..mrppm0 rnNlrr.anl ass atrno-wogs More m°1 n OF E' cloy 01 le
pr•
I'nano.nda4ual Grantor isi rd Manre 4.:elperalln.parineaMo rAnwNbn.mwuMably'gun Of rnroonl Or eta'Mani and WPM.,Of
aeerslanl eerr•1an of trooralnm or a0 M4ndrlel of Mrtnora"r°.or a'.ulllrl'ld mwnawlal 01 a"oo4Mn 1
veil Olt SS my nand and MlNM'Mr Pas
aem.laeM MWMI Neter
•IMt UFDATO LION.FORMS
a0 Boa MIa.OrMoy.Colorado SOW fn C. NO 203
U0])354-1195 �,J
ARc ' R 1315 RFC 02267497 10/5 '91 ;4:34 $10.00 1/002
7497
F 0065 MARY ANN Fi'tiF.RSTF:. CLERK S RECORDER WELD CO, CO
EASEL" ��
am E !L"° /
SURFACE USE ENT
This Easemc: and Surface Use Agreer. ("Agreement") is entered into this
5th day of October, 9 and between Mc_ Cri•ser and Karla L Grieser,$+hose
address is 20390 W. ' County Road 44, La S Colorado 80645, ("Surface Owner")
and ELK EXPLOP 'TON, INC., a California :;'or:inn ("Elk"),with offices at 3807
Carson Avenue, Ev: . Colorado 80620, cove:' . -ertain lands, (the "Lands") situated in
Weld County, Cole:':" , described as follows:
Township t_ "th, Ranee 65 West,of(,; 17._
Section 21: :71 or the E/2NW/4
For and in c _:cideration of the sum of dolly ($10.00), and other valuable
consideration, the 7 :ipt and sufficiency of w;' are ::creby acknowledged, the
undersigned hereby gree to the terms and pr.' ions set forth as follows:
1. Comoensat' :or Well:Release of All —rims
Elk shall pr Surface Owner the surr h and agreed to in that Latter
Agreement by am :ween Surface Owner an'' :lk, 6a'ad October 5, 1991, as full and
final settlement a,. ' .:,tisfaction for any and al, arimr.,L, depreciation, injury or damage
of any nature and;' character caused by Elk r:. she va:ue of the real estate,growing
crops or livestock -eon including,but not liar.' •ed to, all surface use, access, surface
damages, mud ant' serve pits,wellhead equip .•.^nt, scoarators, tank batteries,pipelines,
gathering line, flu ,es and any and all other ;rasonabic and customary uses of land as
a result of drillin: " completion operations arrnd ecaninuing activities for the production
of oil and gas.
2. Grant of'. nf Way and Easemsnt
Surface C..: .ereby grants,bargains, sells, -ssigns and conveys to Elk an
easement and rig`. 'ay for the purpose of ccnstrcticz, using and maintaining ax's$
roads, location fo- -ce equipment and subsu r_c• - tiering lines for each well :rifled
upon the Lands f year from the date of•:cm".. . rnent of surface activitie:.
drilling operatic . so long thereafter as oil and, ' 'rs is produced or capable rf
being produced i well drilled on the leased ':es.
3. Grant of F' '`e and Right of Wav Easement.
Surface C. :areby grant:, bargains, sells, r::' .'s and conveys to Elk ar.
easement and r'._ : 'ay on, unC r, over, and Ciro- 'e Lands for the purpose
constructing, usin, . ;naintaing a pipeline or pipeli.. Ear the transportation of
gas, associated pr . -.. or other Si bistances producer: onnection with Elk's oil
gas operations in . . :, the Land::. and from outside ' ands.
This Agree shall be bir ling upon the resit '_ heirs, executors, adrr.' '
tors,successors, a; ;'0 assigns of:::e undersigned.
Executed rl 5' day of October, 1991.
Merle D. Grieser Karla L. C.'
z
'ONCnhan
S. 1..0'76
I
4.4
A 1315 f<' ,67.77 10/28/91 - $10.00 2/002
F 0866 Y . .. rEOERSTEIN C LR.. '.'t ?RUER WELD CO, CO
SOA/Gricser
21-4N-65W
Page 2 of 2
ATTEST Ei. 'ATION, INC.
Jaco C/
`c.. dent, General Counsel
STATE OFL/
)
COUNTY OF >' (2�
On this 5i of October, 1991,befor me ;ix-tonally appeared Merle f.
Grieser and Karl .; .3rieser,known to me to _: . :c r.rson whose names are sub-
scribed to the w: :"strument and acknowlr,:'. : ;;:r.: they executed the same for the
purposes thereir 'tined.
WTINESC `-rd and official seal. •
My Commission r-'_
// Nett.r' f'°-°•-<_
Addy: ,% at , • UP:1O
A ; .
• r,,.� �l old
STATE OF CAt,TFCRNIA
)Ss.
COUNTY OF SAN FRANCISCO )
On this 21 day of September, 1991,before ersonally appeared Ronald 13.
Jacobs, as Vice President, General Counsel, of Elk E' ration, Inc. a California
corporation, to me personally known to be its Vice Pr. lent, General Counsel ar ' " :
identical person whose name is affixed to the above i •.'ment, and acknowledge
execution thereof to he his voluntary act and deed as: -: officer and the voluntr
and deed of said Elk Exploration, Inc. t anew aft (Q
�1'"' '' YMWIII CWNJnM 1
u l,. NOON MSC WY4•ICA
WITNP'. .'hand and official seal.
My Commission ;,
Nolan.
December ! _
Add : Income Street, 5i
'CranrisrQ. CA 941
9"4.076
2444889 R-1499 4-.I'5 0•./70/95 0J: 13P It 1 or 4 REC OOC
Mid VV'1sa9 weld Coup', m Clcik L Fecorder 20,00
RIGHT OF 'gas's=
THIS GRANT is made this 8dr- day of �'� , 1992, from
Merle D. Grieser and Karla L. Grieser, ( Grantor", whether one or
sore) , whose address is 20390 Weld County Road 44, La Salle,
Colorado 80645, to Resource Gathering Systems, Inc. ("RGSI") , a
California corporation, whose address is 3807 Carson Avenue,
Evans, Colorado, 80620. The parties agree as follows:
1. Grant of Right-pf-Way: In consideration of an amount detailed
in the Letter Agreement of April )( , 1992 between the parties,
the Grantor agrees to grant unto RGSI a right of way to
construct, maintain, inspect, operate, repair, replace, modify,
enlarge, abandon and at RGSI's sole discretion to remove
pipelines, power lines, and other appurtenances, for the
transportation of oil, gas, petroleum products, water, and any
other substances, whether fluid, solid, or energy, any products
and derivatives of any of the foregoing, and any combinations and
mixtures of any of the foregoing, upon and along a route selected
by RGSI, in, on, over, under, or through the properties which
Grantor warrants that Grantor is the owner in fee simple,
situated in Weld County, State of Colorado, as described in
Exhibit "A" - •Legal Description of Right of Way on Properties
Subject to Right of Way Grant" and depicted in Exhibit "B" -
"Survey Plat of Right of Way on Properties Subject to Right of
Way Grant", both Exhibits being attached to and incorporated into
this Grant. The parties intend this instrument to be recorded in
the property records of the county listed above.
This Grant includes the right of ingress and egress to
and from the properties for any and all purposes necessary and
incident to exorcise the rights granted to RGSI. Grantor shall
have the right to use and enjoy the properties, including the
right to construct fences across the right of way; however,
Grantor shall not 'mercies such use and enjoyment in a manner
that will impair or interfere with the rights granted. Grantor
agrees not to build, create, construct or permit to be built,
created or constructed, any obstruction, building, reservoir,
engineering works or other structure over, under, or on the right
of way granted.
2. Superior Rights of Wav and EenSmenta: To the extent that the
right of way of this Grant crosses or aligns with prior right of
way or easements of superior grantees on grantor's property,
including but not limited to ditches, roads, pipelines and paver
lines, RGSI will obtain the necessary right of way or
authorization from the superior grantee(s) . Grantor agrees to
assist RGSI in obtaining right of way or authorization from
superior grantees.
3. Successors and AssiaDR: The tens, conditions, and provisions
of this Grant shall be binding upon and inure to the benefit of
the parties, their heirs, executors, legal representatives,
administrators, successors, and assigns. All rights granted may
be released or assigned in whole or in part.
4. Termination QLQrant Rights. The rights of this Grant shall
be po ed, continued, and enjoyed by RGSI, its successors and
assigns, for so long as the pipeline(s) , power line(s), and
appurtenances constructed pursuant to this Grant shall be
operated by RGSI, its successors or assigns. RGSI, its
successors or assigns, shall have sole discretion in the
determination of present and future operational use of the
granted rights. Upon termination of these Grant rights, RGSI,
its successors or assigns, may abandon the pipeline(s), power
line(s) , and appurtenances in place, except that all such
facilities or equipment shall be abandoned below a plow depth of
twenty-four inch a (24") .
S. Modification. This Grant cannot be modified, except by a 991.
6
writing signed by both parties.
2444889 B-I499 P-.75 06/]0/95 03:13P PO 2 or 4 .
t
Page 2 4y
Right of Way Grant
Merle D. Griever
IN WITNESS WHEREOF, the parties have executed this Grant on the 3''
data first written above. 11
Granter Gathering Systems, Inc. -,.
C'y�� i� tlid-, t -4, z�
Merle D. Grieser Ronal y: Jacobs r
I Vice-President and General Counsel ;�,,
aLte,✓J / I Critter
L. Crier (•-•--.---) `L7
.4
STATE OF o'J/rsv/'2 ) •
COUNTY OP Li! ) SS* i
The foregoing nstru�ant was acknowledged before me
this day of G{ , 1992 by Merle D. Grieser and c4
Karla L. Grisser, known {{o se to be the person whose names are
subscribed to the foregoing instrument and acknowledged that they .
executed the instrument as their free and voluntary act.
1
Witness my hand and official sal. 3
O. , Notary Public 1a
to. .� fTA 'T Address'
o-r r
spree
* cesmiesion Expires:s
it
STATE OF Ottel• ) d::
: ss.
covers or Aka )[? . t/ r
On this day of Pa�b�_v.y, 1992, before me tip
personally appeared Ronald S. J.Cobe, as Vice President, General
Counsel, of Resource Gathering Systems, Inc., to me personally +:
known to be its Vice President, General Counsel and the identical b'a
person whose name is affixed to the above instrument, and 1,;I
acknowledged the execution thereof to be his voluntary act and tt.
deed es such officer and the voluntary act and deed of said
Resource Gathering Systems, Inc..
Witness my hand and official seal. 4'
-'i.<o RY �•: Notary Pubs
•
tai X11. _s„. . Address: _Tie.' . -.',"" ,>:
L ;
*11 ShInisaion Expires:
r • r 5.- L-1+ 5; i s a.v yv.�9 .+ .. . �j y, i % '14 7�` ` i!• r + e N r.: ?
t j , 1 Q'"ly •*Ft atoe : ij'41 x` 1... . ✓ ' ., .sYi � Yi"trlGbet 4 1
2444889 B-1499 P-375 06/30/Q5 03:13P R7 3 01' 4
EXHIBIT "A"
LEGAL DESCRIPTION OF RIGHT CT WAY
OH PROPERTIES SUBJECT TO RIGHT 01 WAY GRANT
This legal description is incorporated iito that certain RIGHT
OF WAY GRAFT dated April A)"; 1992 from Merle D. Grieser and Karla
L. Grieser, ("Grantor", whether one or more) to Resource Gathering
Systems, Inc. ("RGSI") , and describes the right of way across
Grantor's property which is subject to the Grant.
Townshie 4 North. Rance $5 Wert. ith P.N.
Section 21: 1/2E/2241/4
Weld County, Colorado
The right of way granted is: i) an area of ground which is
measured twenty-five (25) feet in both directions from the center
line of the routing during construction activities, and ii) an
area of ground eet in
both directions hifromch s the sucenter red twelve line and
ot ��thelfrouting !during
operations, transportation and maintenance activities.
The right of way shall be routed as close as reasonably
practicable to the following:
a. The right of way shall run from southwest
to the northeast beginning at the west line of
the E/2E/2NW/4 of Section 21, Township 4
North, Range 65 West, 6th P.M. , Weld County,
Colorado approximately one thousand nine
hundred eighty (1980) feet south of the center
of Weld County Road /44 traversing to the east
a length approximately 660 feet to a tank
battery area located in the east portion of
grantor's land. RGSI shall have the right, at
it's sole discretion, to move the location of
the right of way a maximum of Four Hundred
(400) feet in any direction from the above
routing.
b. The right of way shall also run beginning
approximately 50 feet from the east line of
the NW/4 of Section 21, Township 4 North,
Range 65 West, 6th P.M. , Weld County,
Colorado, at a point on the south line of said
NV/4 and shall traverse north approximately
660 feet to a tank battery located in the east
portion of grantor's land. RGSI shall have
the right, at it's sole discretion, to move
the location of the right of way a maximum of
Fcur Hundred (400) feet in any direction from
the above routing.
x'"1.0'76
Y 1 1 { * t t
4 .
ibiP j] 0 Right of Way Easement Description
SUIT o HSR—CDP No.6(asbullt) ra
Elk Exploration,Inc. L
Weld County, Colorado
K
NW cor. sec. 21
re-bar in roadway .!
I
ITotal line in Section 21^5483.8' :::!..
1.1
w, 0' 250' 500' !tt,1.
I #4---Platte Mr Pr-
/Valley Canal
Scale 1"v500'
f Yt
POB. r
— $67°01'E 1137.5' '^
+ v
cc,MR. E 569.1' MR x ?
40' 105°03 'r
542.03'E T180.26'E. X48 1' 7
106.3'
I 567.22'E 200.9' -S0'19'E 553.7' a 4,
�t trjl
W ;}t
lit cor. Nt
�'1
re—bar South line NW} Sli°5J'E 135.4'
—S17.53'E 95.0' a e
C-Sec. 21 pipe u
Legal Description
Commencing at a point on the West line of the NW} of Section 21, T4N, 1
R65W 6th P.M. which is 1553.4 feet South of the Northwest corner of o
Section 21, thence $67°01'E 1137.5 feet, thence S42'03'S 106.3 feet. t' tly
thence $67'22'E 200.9 feet, thence N80.26'E 748.1 feet, thence N75°03'E S0.29'E 870.4' .—,
569.7 feet, thence SO°19'E 553.7 feet, thence S17•53'E 135.4 feet to .,3 �Y
a point on the East line of the NWt, thence S17°53'E 95.0 feet, thence) 3 4
SO°29'E 870.4 feet, thence 50°13'W 1066.4 feet to end of line. a
n.'
Surveyor's Certificate
I, Billy C. Holloway, certify that the above plat is correct to the I MR- �i ,+i
best of my knowledge and belief. _91 j/ +
April 29, 1992 ‘44Registered Surveyor 'Ia. 2853 I E
State of Colorado I '
�,..�•'h0'•n.,ti —S0'13'W 1066.4'
•e ti., tt4 .,, I
44.p(s i? . 4b,�i +�
• ��•+ t. P
� 2853 i
*
.J.,• ; stria,•«'t,: MR. --1
'•••; OF co: :1
•
QS,.076
B 1084 REC 02025286 09/18/85 12:11 $6.00 1/002
F 1834 MARY ANN FEUERSTEIN CLERK $ RECORDER WELD CO, CO
RECORDED EXEMPTION :.N2A 1055=21=2-RE9789
AR2025286 RA' '19009 :•,:_ , u �,, s<;:.:..-
:Eno. ". 90 J.i iN,1/4 COR.
WELD CO. RD. 44 .::21-4-65 .;.; ,
ft --- ~ r,; 65817'x." •
n
3
p OK 67M,Roc 1690856 N
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to •••:•,;A = -4. ItWeONT. yi% ,: ",�+` !n''
{S`e rr{ � • r L ,
20'Easement I . I< n, x. ry�.
BK 674, Roo. 1695886 O Iti!:,-t0 ,!n N
tRaa two
� K
N89•56'48"W N i� oil
x 0 I •
65812' ab•'ryy,"
m3 '
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v 0
a
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N
ro M • LOT °B"'F:
CM 0 39.88± A� � : � .
Za) :1+, Inc. d RAW T sf
LOT!"A; Z ,7:41( 1i
19.98 }AC ,z.. .-A"rr ritr or
Zr4— ,;v:,.� US..lat1!7 ..;`,,t, + „, • y r
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in 1 • 3:SCALE:
l .:,►0.P N
858,06' 1 gags • r-BT.PIN
$89.53'57'E 1516.12' .{ 4.•',
CTR. 'CON '
21-4-65
LOT "A" • 19.981 ACRES '
17 15 16 LOT'8 39.98+ ACRES
R.66 W. w.o.R, 44 TOTAL • 59.961 ACRES
/
OWNER:
'- 0 BEULAH BOHLENDER
Loll �T 3 106 N. 4TH ST.-:;+ •
A r' LASALLE, C0;.j084¢r
_ .."Zr.
20 21 ' t 22 ;..1). j .t i4
It �. `t "` 4
p 2r N
,o(E,,,,
'an , ty.,29 26 t:a: 27 :..:14 QC!1 my
1J7
I VICINITY MAP
, SCALE: I""2000'
PROJECT: 1985-189 FREESE ENGINEERING SEPT. 9 1985
SHEET I OF
-
RECORDED EXEMPTION Ng: 1055-21-2-RE 789
LEGAL DESCRIPTION W7
O 97r/rr
•
The East Half of the Northwest Quarter (WWII of Section 21, Township 4 North, Range
65 West of the 6th P.M., Weld County, Colorado, excepting therefrom that certain tract
and easements heretofore conveyed by Deed dated August 17, 1972, and recorded August
18, 1972 in Book 674 under Reception No. 1686/86 of the Weld County Records, and
including herewith an easement for ingress and egress, 20 feet in width, being more
particularly described as follows: Beginning at the North Quarter Corner (N2 Cor) of
said Section 21, thence along the North line of said Section 21 West 678.17 feet to the -
TRUE POINT OP BEGINNING: thence continuing along said North line West 20.00 feet;
thence South 00°66'66" West, 1323,02 feet; thence North /9°664/' West, 60.00 feet;
thence South 00°66'69" West, 60.00 feet; thence South /9"664/' East, 80.00 fest; thence
North 00°66'6/" East, 1343.01 feet to the TRUE POINT OF BEGINNING.
Said described parcel contains 69.96 acres, morn or lees, end ta'Slib sot to a rights-
of-way or other easements e.s traded by inanimate of record �u now qpg on
said described parcel of land.
LEGAL DESCE(PTION LOT 10.„1;:yy.
Part of the East Half of the Northwest Quarter'(E;N`Wt) of Section 11, Township 4 North,
Range 66 West of the 8th P.M., Weld County, Colorado, being more particularly described
as follows;Beginning at the North Quarter Corner (Ni Cor) of said Section 21, thence along the
North line of maid Section 21 West 668.17 feet; thence South 00'66'68" West, 1323.02 feet -
to the TRUE POINT OP BEGINNING.
Thence North 89°68'48" West, 668.12 feet; thence South 00°66'60" West, 1322.41 feet;
thence South 89°63'37" East, /68.06 feet; thence.North 00°65'58" East, 1323.02 feet to the
TRUE POINT OF BEGINNING.
Said described parcel contains 19.98 acres, more or less, and is subject to any rights-
of-way or other easements se awarded by instruments of record or es now existing on
said described parcel of land.
SURVEYOR'S CERMIPICATE
I hereby certify that I hove prepared this legal description.
o P.R.S L.E. [ 4392 n
PROPERTY OWNERS' APPROVAL•
I, Beulah Bohlender, being the sole owner in fee•of the above •� ' - � ..,, do
hereby subdivide the same as shown on the attached aam .maap ,/� pin !+4�7f• Hersh Bohiender X
The foregoing certification was acknowledged before me this On of
r 1985. Witness my bend and seal. •
My Commission expires:
4-/6 - /9/7 tom . ;Q�GyagL�o,
This plat is accepted and approved for filing.
11 • • l'• v`
Department o P anni� ervice rector - -�
The foregoing certification was acknowledged before me this 1t day of •
A.D., 1931_, Vic•
My Commission expires: Notary Public: • ' ' P13. 1.0'76
Witness my Nand and Seal
Nib
PROJECT: 1985-169 FREESE ENGINEERING 911”5
RE :FT
ita0
January 23, 1998
FILE NO.: 93-004
Central Weld County Water District
2235 Second Avenue
Greeley, CO 30631
ATTENTION: John Zadel, Manager
RE: Greiser M1RD
Dear John:
.a.. regt:estedrJ•h:':3.•reH '.;ed•tfe requ2St.:f)5 Sen.ict'..frm!n..tb oreizet 1.RD......As.you inA:C_! th L. ...
development is lczated on the south side of Weld County Road 44 and is proposed to he served from the
existing 1'-inch line. The pressures in the 12-inch line jin this area) range between 64 to 75 psi.
zitlt4 !C } S ik ii t•L JiL t g;-atz-• G:a.unkuntiD•Ct0.flt•hi het t.P.11 tr L 9 i Z s i,y._y 11r i
Consequently,tly. the pressure at the higiiesrpofiit in the tieceliupnrecr(Lot .) is-projected to•be 29-10 40-
assuming no losses in the line through the development. If construction of a new home is Contined to the
north halfofict.5; the-J0%V LJJresnuse--\u i mbr.3 i.-t3 r,]t:
- r
To key the ?ressures to a minimum, the pipeline size through the development should be no smaller
than 4-inch. This assumes the district ,c not Ypectec1 i ppi fp 1£:L$., Tri•-..nnly ,,1 .-.fnr ::,
increasing the fissure'io' the area- .
. ._.�
1 'Quid u.' the con Jrc ),. uf'u ...`r.. !^3Cat Pr _ -
individual h,m'ic ptF'nCr5 at the tLgt:Cst ClCV attviu Vt 1,he development that they have to Il]S.aau5.,SY f,wn—
in-hou e boosters. if tire flows are required, then the minimum line size should be 3-inch for a flow of
75f gpm, or 10-inch for a flow of 1,.000 gpm.
If you have any questions regarding this anah>is, please do not hesitate to call.
Sincerely.
Tbomas F. Ullmann, P. F.
Principal
The Engineering Co.
Enclosures
eS. 1..076
CC-'_oss_s r:-:CVF.CT$J${JA`OORP3.$r'1ireisithLeoi
The Engtneering co. • l0 East prospect • Ft- l_o! iris, co SUD1n • Phone (971)) 484.7477 • FA';(970) 4S4-7.188
- _ '. =1r-. PM 7E - -._ - E_D CNTY. L &- - - _ _ _ _ _• P .
r
PROPOSED GRESER MRN'OR SUBDIVISION
VICINITY MAP
•
•15 I
Y --4'12 � /i/ s1 � \ aar—S, .._
! i y J� Tr \\.
y' r... r• o ' Prpos®d k
' 19 y' " � `C, isafMRq J
4'
1,. . '., ..a•
(
.._}
Ij-s'" �. / Asa '- \ `` 'a;.�.
9531O76
:::(4): Public Service. Public Service
��7 Company of Colorado
P.O. Box 8
1500 6th Avenue
Greeley, CO 80632-0008
%�J (/�'' (303) 395-1235
l �1ame: r/2 `-jri is c ✓
.dress : 263 p0 Gdc y
^
Project : Grizs-[r / , dicio
7 �ubrJ/•'�:.J_jo vJ
Dear: l//Ge-//e.
In response to your request for electric service to the above
project, Public Service is submitting the enclosed design for your
approval. Please review the design for conflicts with your existing
and future facilities .
This design is based upon providing /9-0ATyd I/
electric service. Contingent on the work being one during our normal
working hours, obtaining "right-of-way" at no cost, and there beillg no
frost in the ground during installation, your cost is &6LS-3 0 -
If you approve of this design and agree to make full payment
within 30 days from the start of PSCO construction, please sign below
as well as a copy of the enclosed drawing and return them to me.
Upon receipt of your approval, I can release this project to
construction. Our lead time is about 0'r) c zAJ Please contact
me at (970) 395-1207 if you have any questions .
< a
S inceret y, S�.c.5 o � !/ ' Y— /71
Terry F. Stencel C4.Jj / Drac �G7 <, 7`
Public Service
150 ' 6th Aye
Greeley, CO 80631
I have reviewed and approve of the enclosed design. Full payment
will he made within 30 days from the start of PSC construction.
Sianature: Date:
Print Name:
p / / / oft
7-07e / CO J7L ��—S C ce 7 '
jti/ 3 17'92/ „ 34/2/ " a
pa Da
/ 1 vi „ SO &/
991.076
USWEST Communications
124 W. Magnolia
Port Collins, CO 80526
January 12,1998
Subject: Telephone facilities to planned i proposed development.
Karla Grieser
Merle Grieser
USWEST Communications will provide telecommunication services to your planned development, Grieser
Minor Subdivision, located at section 21, Township 4N, Range 65W. Weld County CO. Provisioning the
service will be in accordance with tariffs on file at the Colorado Public Utilities Commission. If there are
any further questions , or if I can provide any assistance, please contact me on 970-224-7550.
Sincerely,
Land Development Agreement Engineer
M. J. lieintbichner
DECLARATION OF COVENANTS
CONDITIONS AND RESTRICTIONS
FOR
JUBILEE ACRES
ARTICLE I - PREAMBLE
Declarants are the owners of that certain real property situate in Weld County, Colorado, described on
Exhibit"A" hereof ("the Property"). The Property has been platted as Jubilee Acres by a plat recorded
simultaneously with this declaration.
Declarants desire to develop the Property for residential purposes. Declarants deem 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.
Declarants therefore declare 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 forth in this Declaration, all of which shall run with the Property and
shall inure to the benefit of, and be binding upon, all parties having any right, title, or interest in the
Property or any 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. ie., number and type of animals allowed on each lot, home occupations.
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 Jubilee Acres Homeowner's Association, a Colorado Non-
profit Corporation established pursuant to Article VI 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 Jubilee Way, the right of way from the west side of
Jubilee Way to the west external boundary of the Property, utilities, utility easements and mail and
school bus pullover.
2.4 Developer shall mean Merle D. and Karla L. Grieser, co-owners of the Property, their successors
and assigns.
2.5 Developer responsibilities shall refer to the road constructed pursuant to specifications required by
Weld County.
Developer shall install a gravel road according to the specifications of Weld County.
The Association shall maintain, repair and replace the road after such facility has been installed by the
Developer.
2.6 Lot shall mean and refer to any parcel or plot of land located within the exterior boundaries of the
Property described on Exhibit A and owned by the "Owners", with the exception of any "Common Area".
p"1.076
2
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 Jubilee Way and all utility easements
presently existing on the Property or subsequently constructed by the Declarants on the Property which
are necessary to provide vehicular access, ingress, egress, utilities or drainage to lots, 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 occupied as a residence
for a single family.
2.9 Subdivision shall mean or refer to Jubilee Acres.
2.10 Other terms may be defined 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. 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 preconstructed 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. No vinyl or aluminum siding allowed.
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 in keeping with the appearance of the surrounding rural setting, ie. barb
or barbless wire fencing, wire fencing, natural wood (unpainted), chain link 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 from Jubilee Way to the west Property boundary is right of
way and is to remain open space; free of buildings, fences, trees or shrubs as they may cause snow
build-up on the road in heavy snowstorms. Each individual lot owner will be responsible for maintaining
their portion of said right of way that is adjacent to their lot. Easements and non-buildable areas for the
installation and maintenance of utilities and drainage facilities are reserved as shown on the Plat. 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
`"'1-076
3
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 may have such work
done at the expense of the Owner of the lot. If the work is done by the Association at the owners
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 attorneys' fees and costs in collecting such amount from the owner, all such
attorney's fees and costs incurred shall likewise be 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
attorneys' 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 be or may become an annoyance or nuisance to the entire neighborhood.
3.8 Recreational Vehicles. No trailer, motor home, camper unit, boat or similar recreational vehicle
shall be parked on Jubilee Way.
3.9 Private drives. During construction of private drives to individual lots from Jubilee Way, individual
lot owners must permanently install a twelve (12) inch culvert in the drainage ditch directly east of
Jubilee Way.
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, LaSalle
Fire Protection District 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 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 a 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, field work, harvest, and gravel roads; odor from animal confinement, silage, and
manure; smoke from ditch burning; flies and mosquitos; the use of pesticides and fertilizers in the fields,
including the use of aerial spraying. Ditches 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
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
4
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 the lowest priority for 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.
Parents (need or must) be responsible for their children.
ARTICLE IV-THE ASSOCIATION.
4.1 Articles of Incorporation and Bylaws. The interests of all lot owners shall be governed and
administered by the Articles of Incorporation and Bylaws of the Jubilee Acres Homeowner's Association
and by this Declaration. In the event of a conflict between the provisions of this 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
and 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 and,
(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 Jubilee Acres and to perform all of the duties required of it. Notwithstanding 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 Jubilee Way 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 gravel road, Jubilee Way;
thereafter, the costs of maintaining, repairing, replacing and any necessary dust control on Jubilee 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 no 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. An owner
shall be responsible for his full 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.
4.7 Based upon budget. Assessments shall be based upon the budget which shall be established by
the Board 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
Q`'t.076
5
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
Jubilee Way 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 any 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 any deficit
remaining from a previous reserve, working capital and sinking funds as well as other costs and
expenses relating to Jubilee Way and the common areas, which shall be funded by 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 charges or charges due to misconduct that are not paid when due; said lien shall
include court costs and reasonable attorneys 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 a lot by foreclosure or by proceedings in lieu of foreclosure
shall not cancel or terminate such owner's liability for assessments and charges accrued 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 owner 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 attorneys'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 an Owner is obligated to pay, shall be a debt of such Owner to the
Association on the date when each installment thereof becomes due. In the event of the default of any
Owner in the payment of any installment, such amount, and any subsequently accruing 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 attorneys' 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
such encumbrances. To evidence such lien, the Association shall prepare a written notice of lien
assessment setting forth the amount of such unpaid indebtedness, the amount of the accrued interest
and late charges thereon, the name of the owner of the lot, and a description of the lot. Such notice of
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 attorneys' fees incurred for filing the lien, and in the event of foreclosure
proceedings, all additional costs, all expenses and reasonable attorneys' fees incurred. The owner of
the lot being foreclosed shall be required to pay to 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 a receiver during foreclosure, and the Association on behalf of the member owners, ry
P.(i 076
6
shall have 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 deed 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 attorneys' fees attributable to the lot accrued through the date of such recordation,
and the lien for recovery of the same shall remain in force against such lot.
4.12 Mortgage Foreclosure. Notwithstanding any of the terms or 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
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 Subdivision 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 a 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 affect any rights of Declarants unless approved in
advance by and consented to by Declarants 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.
9F1.076
7
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 Owners (or Mortgagees) of lots in Jubilee Acres have
executed this Declaration the date and year indicated below.
BY:
Merle D. Grieser, Co-owner
BY:
Karla L. Grieser, Co-owner
DATE:
State of Colorado
County of Weld
The foregoing Declaration of Covenants, Conditions and Restrictions for Jubilee Acres was
acknowledged before me this day of . 1998, by Merle D. Grieser
and Karla L. Grieser, Owners of the real property subject to said Declaration.
Witness my hand and official seal.
My Commission expires:
Notary Public
DRAINAGE REPORT FOR
GRIESER MINOR SUBDIVISION
WELD COUNTY, COLORADO
Prepared for
Intermill Land Surveying
1301 North Cleveland Avenue
Loveland, Colorado 80537
January 16, 1998
Commission No.: 1116-76-01-03
Prepared By
FOUNDATION ENGINEERING
CONSULTING ENGINEERS, LTD.
5110 Granite Street
Loveland, Colorado 8O538
oT1..076
FOUNDATION II Consulting
ENGINEERING Engineers, Ltd.
January 16, 1998
Commission No.: 1116-76-01-03
Intermill Land Surveying
1301 North Cleveland Avenue
Loveland, Colorado 80537
Gentlemen:
Enclosed is the drainage report for the proposed Grieser Minor Subdivision,Weld County,Colorado.
Our calculations show that the imperviousness of the five lot subdivision will not increase
significantly from the existing conditions. We feel that no mitigation of runoff will be required as
a result of this development.
If you have any questions, please feel free to call.
Respectfully, /
Jason E. Baker,
Civil Engineer
R a:by i �y
+ • t
Fes`
lye c:
W Patt ;P.E.
FO . tiiii0IONGINEERING, CONSULTING ENGINEERS, LTD.
JEB/jle
1076
5110 Granite Street • Loveland,Colorado 80538 • (970)663-0138 • Fax(970) 663-1660
515 Main Street,Suite C • Longmont,Colorado 80501 • (303)702-0661
INTRODUCTION
This Drainage Report is being prepared for the development of the proposed Grieser Minor
Subdivision to be constructed in Weld County, Colorado. The site is situate in the Norwest Quarter
of Section 21, Township 4 North, Range 65 West of the Sixth Prime Meridian, Weld County,
Colorado. More specifically, the site is southeast of LaSalle, east of County Road No. 41 on the
south side of County Road No. 44. Currently,a residence and outbuildings are located on the future
Lot 5. Two (2) oil/gas wells are also located on the site. Refer to vicinity and soil conservation
maps on the subdivision plat.
HISTORIC FLOWS
Off-site flows have no impact on this site. The east boundary of the site is the top of a ridge that
slopes to the west. Historic flow on this site is from east to west on the north half of the site and
from the southeast to northwest on the south half of the site. There is an borrow ditch on the north
side of the site along County Road No. 44 with an existing eighteen (18) inch culvert at the current
private drive on the west side of the site.
PROPOSED DRAINAGE IMPROVEMENTS
No improvements are planned for this site. Calculations are provided showing that the
imperviousness of the site will be increased from 0.2014 for the undeveloped site to 0.2089 for the
developed site. This is calculated with approximately 3,300 square feet of rooftop for each of the
five lots (residences and outbuildings) and the gravel roadway on the west side of the site.
CONCLUSIONS
1. The site does not sit in a regulated flood plain and is not subject to severe flooding problems.
2. Runoff on this site will not be significantly increased as a result of this site being developed.
HISTORIC INFILTRATION
Total area of site = 42.6 acres
area of Residences and outbuildings = 0.076 acres (0.18% of site)
Undeveloped runoff coefficient C = 0.20
Developed runoff coefficient C = 0.95
Historic Coefficient of Infiltration
C = 0.2(0.9982) + 0.95(0.0018) = 0.2014
2
9c'1076
DEVELOPED INFILTRATION
Area of residences and outbuildings = 0.378 acres (0.89% of site)
Area of proposed road = 0.643 acres (1.51% of site)
Gravel road runoff coefficient C = 0.35
Developed Coefficient of Infiltration
C = 0.2(0.976) + 0.95(0.0089) + 0.35(0.0151) = 0.2089
EROSION CONTROL
Straw bale dikes should be used to prevent erosion during construction. The dikes should be
constructed every 200 feet along the sides of the new roadway. Native grasses should be re-seeded
along the affected areas on each side of the roadway.
3 Qr1076
APO of Colorado
1520 E. Douglas Rd. #6
Ft. Collins, CO 80524
(303) 224-3643
Mark & Diana Wolenetz
The attached list of "Affected Property Owners" was
prepared by our office for the Grieser Property .
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 House , in the State of Colorado , as of
January 19 , 1998 .
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 .
Respectfully submitted ,
Mark L Wolenetz
President APO of Colorado
oo1076
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RECORDED EXEMPTION
AFFIDAVIT OF INTEREST OWNERS
MINERALS AND/OR SUBSURFACE ESTATE
Application No.
Subject Property: The East 1 of the East h of the North West 14 of
Section 21 , Township 4 North, Range 65 West of the 6th
AKA Lot A of Recorded Exemption No . 1055-21-2 RE 789 , Weld
County, Colorado.
STATE OF COLORADO
) SS
COUNTY OF WELD
THE UNDERSIGNED, being first duly sworn, states that to the best
of his or her knowledge the attached list is a true and accurate
list of the names and addresses of all mineral owners and lessees of
mineral owners on or under the parcel of land under as their names
appear upon the records in the Weld County Clerk and Recorder ' s
Office or from an ownership update from a title or abstract company or
an attorney.
The foregoing instrument was subscribed and sworn to before me
this day of . 19 . WITNESS my hand and
official seal .
My commission expires :
Notary Public
4,1:" .31 076
NAMES OF MINERAL OWNERS AND LESSEES OF MINERALS
Please print or type
Address , Town/City,
State and Zip Code
Mineral Owner
Union Pacific Land Resource Corp.
P. O. Box 2500
Broomfield, Colorado 80020
Lessee:
Amoco Production Company
1670 Broadway
Denver, Colorado 80222
R�'1076
GEOLOGIC AND MINERAL
EVALUATION FOR THE PROPOSED
GRIESER MINOR SUBDIVISION
WELD COUNTY, COLORADO
Prepared for
Intermill Land Surveying
1301 North Cleveland Avenue
Loveland, Colorado 80537
February 19 , 1997
Commission No . : 1119-76-01-01
Prepared By
FOUNDATION & SOILS ENGINEERING, INC.
5110 Granite Street , Suite D
Loveland, Colorado 80538
9-'x.476
TABLE OF CONTENTS
Transmittal Letter I
Scope 1
Site Description 1
Site Investigation 2
Geology 2
Potential Geologic Hazards and Recommendations 3
Soil Description 4
Potential Mineral Resources 4
Conclusion 4
Soils Summary Table 6
List of References 7
Geologic & Vicinity Map Figure 1
Soils Map Figure 2
Sand, Gravel, & Quarry Aggregate Resources Figure 3
4"1.076
FOUNDATION Engineering,
AND SOILS II Inc.
February 19 , 1997
Commission No. : 1116-76-01-01
Intermill Land Surveying
1301 North Cleveland Avenue
Loveland, Colorado 80537
Gentlemen:
The enclosed report presents the results of a geologic and mineral
evaluation for Grieser Minor Subdivision, a proposed subdivision of
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. Firriley,
Engineering Geologist
FOUNDATION & SOILS ENGINEERING, INC.
TWF/j le
9191O76
1
5110 Granite Street • 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 Grieser Minor Subdivision, a proposed
subdivision situate in the East Half of the East Half of the
Northeast Quarter of Section 21, Township 4 North, Range 65 West of
the 6th Prime Meridian, Weld County, Colorado .
It is our understanding that the 40± acre site is to be divided
into five (5) residential lots ranging in size from 4 . 3 acres to
20 . 0 acres . 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 southeast of LaSalle, east of County Road No.
41 on County Road No. 44 . The parcel has slight to moderate
slopes, generally to the west and north and is moderately to
sparsely vegetated with grasses, weeds, and yucca. A residence and
outbuildings are located on the future Lot 5 . Two (2) oil/gas
wells are also located on the property.
1 a"x.0'76
SITE INVESTIGATION
The site was visually inspected on February 14 , 1997 . 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 lies 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 tot he 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.
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
2
4 X076
classified as being in Seismic Zone 1 (Uniform Buiding Code-
Chapter 23 ) .
The upper elevations of this site are overlain with gravel and
alluvium of Pleistocene age . These soils consist of sand, silt ,
clay, gravel , and cobbles . Our field observations indicate that
calcium carbonate is crusted on most of the aggregate . Some of the
aggregate consist of partly decomposed sandstone . The thickness of
these deposits were not determined.
The Upper Cretaceous Laramie Formation underlies the surficial
soils . The Laramie Formation consists of carbonaceous shale,
claystone, sandstone, and thin beds of coal . The Laramie Formation
has been described as an area with potential for yielding uranium.
The thickness of the Laramie Formation is in the order of 330 feet
to 600 feet in this area .
P O T E N T S A L GEOLOGIC HAZARDS AND
RECOMMENDATIONS
The claystones of the Laramie Formation and associated soils may be
potentially expansive . The effects of the potentially swelling
and/or collapsible soil and rock can be minimized by careful
planning prior to construction at the site . A geotechnical and/or
site specific geologic investigation should be conducted at each
3
9'7.1076
site to identify these conditions . As previously stated, the
Laramie Formation may have the potential for yielding uranium. We
recommend that a radiation survey be conducted in excavations
exposing any part of this formation to determine if a radiation
hazard exists . Mitigation recommendations may be made at that time .
We further recommend that preliminary radon mitigation measures be
incorporated in the construction of the homes at the site .
S O I L D E S C R I P T I O N S
The Soil Conservation Service describes three (3) different soil
types at the site . A map showing the locations and a description
of the soils are included at the end of this report (Figure No . 2
and attachments) . Most of the soils are sandy loams . The majority
of the site is located in areas with slow to medium runoff and low
hazards for wind and water erosion.
POTENTIAL MINERAL RESOURCES
The Colorado Geological Survey describes part of this site as
having upland gravel deposits . It was observed in the field that
these deposits have significant amounts of calcium carbonate
deposits and decomposed rock . Therefore, we feel that these
deposits are not of economical importance as a mineral resource .
4 FT1076
CONCLUSION
Potential geologic hazards such as expansive soils may be located
in various areas of the property. Care should be taken in choosing
each building site and designing the roadways . Follow-up
inspections, radiation survey, and recommendations should be
conducted as necessary for each building site . Economic mineral
resources were not found in the property.
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 information 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 engineering work and judgments rendered
meet the standard of care of our profession.
5 P"1076
SOILS SUMMARY TABLE
Hazards of
Wind Water
Soi] Type Slope Runoff Erosion Erosion
Nelson fine 0-3 Slow-Medium Low Low
sandy loam
Olney fine 1-3 Medium Low Low
sandy loam
Vona loamy sand 5-9 Medium Low Low
6
a!'P'1076
LIST OF REFERENCES
Schowochow, S.D. , Schroba R.R. , and Wicklein, P. C. , Atlas of Sand,
Gravel . and Ouarry Aggregate Resources - Colorado Front Ra ge
Counties, Colorado Geological Survey, Special Publication 5-B,
1974 .
Braddock, William A. , and Cole, James C. , Preliminary Geologic Man
of the Greeley 1° x 2° Quadrangle, Colorado and Wyoming, USGS,
Open-File Report 78-532 , 1978
Soil Survey of Weld County, Colorado, Southern Part , USDA - Soil
Conservation Service, 1980
Rogers, W. P. Ladwig, L.R. , Hornbaker, 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 .
Shelton, David C. And Rogers, William P. Environmental and
Engineering Geology of the Windsor Study Area, Larimer and
Weld Counties . Colorado, Colorado Geological Survey,
Environmental Geology 6 , 1987 .
7 9'x'1 076
Project No. li1c,_7s _oi .ol
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. .. ..i-- GEOLOGIC 4 VICINITY MAP `x':1076
I1_¢000 -
Based o^' OS c„, OPe. -4 F.LA-
p-Cr'oe--r f-53'-
FOUNDATION 4 SOILS ENGINEERING FIGURE NO.
Project No. 1116-'T6-01-01
17 13 'k i n76
4 47
F
5 /"._-- 1 47
47% )Tir :
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cr
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52
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jp\II
14 - \foUpc Idartr Sa+ C ( 5162, 9-fa )
orth q'` 1 X76
x.20001
�
SOILS MAP
Based on: Soil Survey of Weld
County, Colorado- Southern Part
FOUNDATION 4 SOILS ENGINEERING FIGURE NO. 2
Project No. i Ii6, --jv -oi .,I
" 1 , r
._�, ;� ; ,1, � 4,
r J,
1
rC,
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•
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y gi\
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ca--Y C 5rrt- o.+._•f)
- UPL' CI-.4r> I .poc-rc
2 - &I2- JW._I.- : 510k I etc-1.-rr 'Fi I-+' 5 , p's-Zorjroc. 12-o CAC
CC. ttaJr-{ L,a2a0I-aaTG._
SAND, GRAVEL 4 QUARRY
ac 1.0'76
AGGREGATE RE SOURCES
Based OA: Colorado Geological
Survey- Special Publication 5-5
FOUNDATION 4 SOILS ENGINEERING FIGURE NO. 3
WELT) COUNTY. COLORADO, SOUTHERN I'AIt'I' Hp
FANEE h.--HhILillNC SITE Id,:VI7 ••VMh NI -- • i . no-
•
Soil name and f hal low Dwellings •
w,•I I i ne,'. Sul aII ..
map , ...I s, 'evat tons without with • ,., ,.
basements basement -, Het I ding;
19 Moder:te: Severe: Sever e: , :
Colombo floods. floods. floods. . lle,,ds. fl^i4; .
20 Slight Moderate: Moderate: moderate: Moderate:
Colombo low strength. low strene low strength . low streiu'th,
frost act.1 on.
21 , 22 Severe: Moderate: :Slight :Moderate: Severe:
Dacono cutbanks cave. low strength, low strength , shrink-swell ,
shrink-swell . shrink-swell . low strength.
23, 24 Slight Moderate: Moderate: Moderate: moderate:
Fort Collins low strength. low strength , low strength. low strength.
shrink-swell .
25, 26 Severe: Severe: Severe: Severe: Severe:
Haverson floods. floods. floods. floods. floods.
27 , 28 Severe: Severe: Severe: Severe: Severe:
Heldt too clayey. shrink-swell, shrink-swell, shrink-swell , shrink-swell ,
low strength. low strength. low strength. low strength.
29, 30 ;Slight Moderate: Moderate: Moderate: Moderate:
Julesburg low strength. low strength. low strength. low strength,
frost action.
31 , 32 Slight Moderate: Moderate: Moderate: Moderate:
Kim low strength. low strength. low strength. low strength.
33, 34 Slight Moderate: Moderate: Moderate: Moderate:
Kim low strength. low strength. low strength, low strength.
slope.
9 35•:
Loup Severe: Severe: Severe: Severe: Severe:
wetness, wetness, wetness, wetness, wetness.
. cutbanks cave. floods. floods. floods .
Noel Severe: Severe: Severe: Severe: Severe:
wetness, wetness, wetness, wetness, wetness,
floods , floods. floods. floods . floods.
cutbacks cave.
36•
Midway Severe: Severe: Severe: Severe: ,Severe:
too clayey. shrink-swell , shrink-swell , slope , shrink-swell ,
low strength . low strenntb. shrink-swell , low strength,
low strength.
Shingle ;Severe: Severe: Severe: Severe: Severe:
depth to rock. ' depth to rock . depth to rock. depth to rock , depth to rock .
slope .
37 ;Severe: Moderate: Severe: Moderate: Moderate:
Nelson ; depth to rock, depth to rock , depth to rock. depth to rock , depth to rock,
low strength. low strength. low strength.
11
38 ;Severe: Moderate: Severe: Moderate: Moderate:
Nelson ; depth to rock. depth to rock , depth to rock. slope, depth to rock,
low strength. depth to rock, low strength.
low strength.
39, 40, 41 , 42,
43 ;Moderate: Severe: Severe: Severe: Severe:
Nunn ; too clayey. shrink-swell , shrink-swell , shrink-swell , shrink-swell ,
low strength. low strength. low strength. low stronet.h .
See footnote at end of table.
QV 1 0'76
102 SOIL SURVEY
TABLE 6.--B0IIIIING SITE DEVELOPMENT--Continued
Soil name and - - _.- T__ _ - ___�_.
Shallow Dwellings Dwellings Small
map symbol excavations al tho ut with local roads
eef
Commercial
_ olsemencs an streets
- basements buildings
N
:)Iney Slight Slight Slight Slight :Moderate:
low strength.
•
Slight Slight Slight Moderate: ;Moderate:
Olney --___ � -. . slope. ; low strength.
46 , 47
Olney Slight Slight Slight ;Slight ;Moderate:
; low strength.
68
Olney Slight Slight Slight ;Moderate: ;Moderate:
; slope. low strength.
49 Severe: Slight
1 Slight ;Slight ;Slight.
Osgood cutbanks cave.
It 50, 51 Slight; Slight
Otero Slight ;Slight Slight.
52, 53 Slight Slight Slight :Moderate:
Slight.
slope.
54 Slight Severe:
Severe:
Severe: Moderate:
?aolt H floods,
o
floods. floods. low strength,
frost action.
55
Paoli Slight Slight Slight Slight Moderate:
low strength,
frost action.
55 ;Moderate: Moderate: Moderate: Moderate:Renohill depth to rock, low strength, low strength, low strength, Severe:
low strength,
'' too clayey. shrink-swell, depth to rock, shrink-swell. shrink-swell.
shrink-swell.
57 Moderate: Moderate: Moderate: Moderate:Renohill depth to rock, low strength, Severe:
g low strength, slope, low nk-swell.
too clayey. shrink-swell . depth to rock, low strength, shrink-swell.
shrink-swell. shrink-swell.
58, 59 Severe: Severe: Severe: ;Severe:
Severe:
•
Shingle depth to rock. depth to rock. depth to rock. ; depth to rock. depth to rock.
601 :
Shingle Severe: Severe: Severe:
depth ;Severe: Severe:
P to rock, depth to rock. depth to rock. depth to rock. depth Co rock.
Renohill Moderate: Moderate:
depth to rock, Moderate: Moderate:
, low strength, low strength, slope, low str%Severe:
i too clayey. shrink-swell . depth to rock, low strength, shrink-..m, ll.{ ell
shrink-swell . shrink-swell .
hl Moderate: Moderate: ;Moderate: Severe: Moderate:
Tassel depth to rock, depth tr rock. depth to rock. slop
e. depth to rock.
• 62 Severe: Moderate. Severe: Moderate:Terry depth to rock. depth to rock. depth Co rock. depth Moderate:
to rock. depth to rock.
53 Severe: Moderate
depth: ;a depth[t: Moderate:
'=try depth to rock. depth '_ , �. k depth to rock. depth to rock, depth to rock.
s ape.
64 Moderate: Moderat ,Moderate: 'nderate:
Thedalund lepth to r n:k. low ,... Moowr Moderate:
Ir rat to rock. law often e,Ul- low strength.
65 rnl,,rate: Moderat.-- M.IMer ate:
Thedalund IFlpl.h to , ok. low sr ... �, �, 'trot°- Moderate:
tenth•
Id rock . strcnr,t h low strength.
See footnote at on of table
?"1.076
WELD COUNTY, COLORADO, SOUTHERN PART 103
TABLE 6.--BUILDIN, SITE DEVELOPMENT--ContlnsM
Soil name and Shallow Dwellings Dwellings Small Local , s. .s
map symbol excavations baswithout ements basements ':ommerciai and sir •• ts
ements buildings_
66, 67 Moderate: Severe: :Severe: Severe: Severe:
Ulm too clayey. shrink-swell . I shrink-swell . shrink-swell . low strength.
shrink-swell .
_ g8* Severe: Moderate: ;Moderate: Moderate: Moderate:
ustic small stones, slope. ; slope. slope. slope.
Torriorthents cutbanks cave.
•
69 Severe: Slight Slight Slight Slight.
Val en ; cutbanks cave.
•
70 Severe: Slight Slight Moderate: Slight.
Valent cutbanks cave. slope.
71*:
Valent Severe: Slight ;Slight Moderate: Slight.
cutbanks cave. slope.
•
Loup
Severe: Severe: ;Severe: Severe: Severe:
wetness, wetness, wetness, wetness, wetness.
cutbanks cave. floods. ; floods. floods.
72 Slight Slight ;Slight Slight Moderate:
Vona ; ; low strength.
73, 74 Slight Slight ;Slight Moderate: Moderate:
Vona slope. low strength.
________ _ _ g
75, 76 Slight Slight ;Slight Slight Moderate:
Vona low strength.
77 Slight Slight ;Slight Moderate: Moderate:
Vona slope. low strength.
78, 79 Slight Moderate: ;Moderate: Moderate: Moderate:
Weld low strength, I low strength, low strength, low strength,
shrink-swell . shrink-swell. shrink-swell . shrink-swell .
frost action.
80 Slight Moderate: Moderate: Moderate: Moderate:
Weld low strength, ; low strength, low strength, low strength,
shrink-swell . shrink-swell . slope , shrink-swell ,
- shrink-swell . frost action.
81* , 82":
Wiley Slight Moderate: Moderate: Moderate: Moderate:
low strength, low strength, low strength , low strength,
shrink-swell . shrink-swell . shrink-swell . shrink-swell .
Colby Slight :Slight Slight Slight Moderate:
low strength.
83*:
Wiley Slight ;Moderate: Moderate: Moderate: :Moderate:
; low strength, low strength, low strength, , low strength,
shrink-swell. shrink-swell. slope, shrink-swell .
shrink-swell .
Colby Slight ;Slight ;Slight Moderate: ;Moderate:
, slope. ; low strength.
•
" See map unit description for the composition and behavior of the map unit.
p"1.076
WP:LU ('O1:NTY, ['OIA)RAi>O, SOIPI'llFl(N I'AM'
105
TAPE _--SANITARY FACILITIF::--:ontineed
Soil -,m - and Septic tank Sewage lagoon e .r Area Daily cover
absorption areas sa-.1 -,rV sanitary for landfill
fields lanai: ii landfill
11 , _ . - Severe: ',evere: (Severe: Slight Fair:
Pacorrt percs slowly. seepage. I seepage . too clayey.
23 Moderate: Moderate: ;Slight Slight ',Good .
- Fort Coll :.- percs slowly. seepage . 'd.= 24 Moderate: Moderate: ;Slight Slight Good.
Fort Coll rnr percs slowly. seepage ,
slope.
25, 26 Severe: Severe: Severe: Severe: Good.
Haverson floods. floods. floods. floods.
27, 2A Severe: Moderate: Severe: :Slight Poor:
Heldt percs slowly. slope. too clayey . too clayey.
29, 30 Slight Severe: ,Severe: ;Severe: Good.
Julesburg seepage. ; seepage. ; seepage.
31 Slight Moderate: ;Slight ;Slight Good.
Kim seepage.
• 32, 33 Slight Moderate: ;Slight ;Slight Good.
Kim seepage,
slope.
34 Slight Severe: ;Slight Slight Good.
Kim slope .
35`:
Loup Severe: Severe: ;Severe: :Severe: Poor:
wetness, wetness, wetness, ; wetness, wetness.
• floods. seepage , floods, ; floods ,
floods. seepage. ; seepage.
Boel Severe: Severe: Severe: ;Severe: Poor:
wetness, wetness , wetness , wetness , , too sandy.
floods. seepage, floods, 1 floods.
floods. seepage.
35":
Midway Severe: ?evere: Severe: :Moderate: Poor:
- percs slowly, depth to rock, depth to rock , l slope. too clayey,
depth to rock . . slope . too clayey. thin layer .
Shingle Severe: ;?evere: Severe: ;Moderate: Severe:
depth to rock . ' slope , depth !. rook . ; slope. , thin layer.
depth to rock.
37, 38 Severe: Severe: Severe: :Severe: Fair:
Nelson depth to rock. depth to rock , depth to rock, , seepage. thin layer.
seepage. seepage.
39 Severe: Moderate: Slight Slight Fair:
Nunn percs slowly. excess humus. too clayey.
40 Severe: Moderate: Slight Slight Fair:
Nunn I percs slowly. excess humus, too clayey.
slope.
41 ;Severe: Moderate: Slight Slight Fair:
• Nunn 1 percs slowly. excess humus. Coo clayey.
. . 42 ;Severe: Moderate: Slight (Slight Fair:
Nunn I percs slowly. excess humus, too clayey.
slope .
• See f, . lot,' at end of fable .
0
°V1076
•
106 SOIL SURVEY
TABLE 7.--SANITARY FACILITIES--Continued
Soil name and Septic tank Sewage lagoon Trench Area Daily cover
map ;yroo-,1 absorption areas sanitary sanitary I for landfill
_fields landfill landfill
N3 Severe: :Moderate: :Slight Slight ;Fair:
Nunn percs slowly. ; excess humus. I ; too clayey.
al 05, 46, 47 , V8- Slight ;Severe: :Slight Slight ;Good.
Olney seepage.
RR Slight Severe: :Severe: Severe: Fair:
Osgood seepage. ; seepage. seepage. too sandy.
50, 51 , 5? Slight Severe: ;Slight ;Slight Good.
Otero seepage.
53 Slight Severe: ;Slight ;Slight Good.
Otero slope,
seepage.
5'1 Slight Severe: ;Severe: ;Severe: Good. a�
Paoli seepage. ; seepage. ; seepage. .: ,
55 Slight Severe: Severe: Severe: Good.
Paoli seepage. seepage. seepage. __
56, 57 Severe: Severe: Severe: Slight Fair: ___
Renohill percs slowly, depth to rock. depth to rock. too clayey,
depth to rock. thin layer.
58, 59 Severe: ;Severe: ;Severe: Slight Poor:
Shingle depth to rock. ; depth to rock. ; depth to rock. thin layer.
60':
1
Shingle Severe: ;Severe: Severe: Slight Poor:
depth to rock. ; depth to rock. depth to rock. thin layer.
Renohill Severe: ;Severe: Severe: Slight Fair:
percs slowly, ; depth to rock. depth to rock. too clayey,
depth to rock. thin layer.
61 Severe: ',Severe: Severe: ',Severe: Poor:
Tassel depth to rock. ; depth to rock, depth to rock, seepage. thin layer,
seepage, seepage. area reclaim.
slope.
6?, 63 Severe: ,Severe: Severe: Slight Fair:
Terry depth to rock. ; depth to rock, depth to rock. thin layer,
seepage. area reclaim.
60, 65 Severe: Severe: Severe: Slight ;Fair:
Thedaluno depth to rock. depth to rock. depth to rock. ; thin layer.
66 Severe: Slight Moderate: Slight ;Poor:
Ulm percs slowly, too clayey. too clayey.
67 Severe: Moderate: Moderate: Slight ;Poor:
Ulm percs slowly. slope . too clayey. ; too clayey.
68" Moderate: Severe: Severe: Severe: ;Poor:
Ustic Torriorthents slope. seepage, seepage, seepage. too sandy,
small stones. too sandy. ; small stones.
69, 70 Slight Severe: Severe: Severe: ;Poor:
Valent _,eep.u ?, too sandy , seepap,e. too sandy.
seepage.
714
Valent Slight v, _ Severe: ;:ever e: ;Poor:
>. , ,• . ton sandy, ,.p,, ; too sandy.
seepage. ,
'See Inarn at end of t00:6,
r I.0 76
WELD COUNTY, COLORADO, SOUTHERN PART 107
11.1:.::
TABLE 7.--SANITARY FACILITIES--Continued _ _ _ .r. Area � Daily cover
�� Sewage lagoon Trench sanitary for landfill
Soil name and Septic tank - g sanitary landfill , _ - --
absorption areas
map symbol _ landfill
fields ___
------------ ';Severe- ;Severe: :poor.ness.
71': 'Severe: wetness,
;Severe: ; wetness, I wetness ,
Loup--- ; wetness, ; seepage, ; seepage,
floods. seepage, floods. I floods.
,
5 floods.
i -'Slight ;Good .
' ;Severe: ;Slight-------"--
'Slight -----'
72, 73______________, ' seepage. �---- .
rd Vona -Slight
;Slight-" 'Slight Severe:
,
,
slopege.
74------------------ - --
Vona slope. --'�—
;Slight Good.
;Slight----------- ,
'Slight Severe:
75, 76, 77---- -' seepage. Good.
Vona 'Slight
Moderate: ;Slight---------"
_____ ______;Moderate: - seepage.
78------ ; peres slowly. ;Good .
Weld -;Slight;Slight__________
" 'Moderate: Moderate: �
79, 80______________, slope,
peres slowly.
Weld seepage.
S1 ig 'Slight Far:
1 perCS
81i' 'Moderate: ht---------- i
; too clayey.
s: 1 seepage.
Wiley-------------- ere slowly.Colby ;Good .
'Slight
Moderate: ;Slight-----------
---;Slight
___________ 1 seepage.
Fair:
'Slight '
82+, 83': ___' ;Moderate: ;Slight-----'-"--; { too clayey.
'Moderate:
Wiley--- """-- t. peres slowly. seepage,
- slope. ; . -Good.
'Slight 1
;Slight---------_
'Moderate:
;Slight
Co1bY______________ seepage. -----___--____________-_
t.
3 See map
unit description for the composition and behavior of the map unit.
f-
t
?`'1.076
cnv
IMPROVEMENTS AGREEMENT ACCORDING
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
(PRIVATE ROAD MAINTENANCE)
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 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 LE 105;-LI - i LE 1t1 , SITUATE Ili TUE EAST UALF oF TUE EAST Lists
OF Tv1E uo6T4wEST ouAIscL. OF SECTIoks 21, TOWNSAIIP 4 MoIE I , L&MSE le%
YJEST OP THE STU F.M., CAuuTy oF WELD, STATE CF CALot&DO.
WHEREAS, a fmal subdivision/PUD plat of said property, to be known as
JUBILEE AGL.ES vAi to¢. sulowtstblj 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 time schedule for completion, are listed in Exhibits
"A" and "B" of this Agreement.
NOW,THEREFORE,IN CONSIDERATION OF the foregoing and of the acceptance and approval
of said final plat, the parties hereto promise, covenant and agree as follows:
1.0 Engineering Services: Applicant shall furnish,at its own expense,all engineering services
in connection with the design and construction of the subdivision improvements listed on
Exhibit "A" which is attached hereto and made a part 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 submission
of necessary documents to the County.
1 9921076 Revised 12/95
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-of-Way and Easements: Before commencing the construction of any improvements
herein agreed upon,Applicant shall acquire,at its own expense, good and sufficient rights-
of-way and easements on all lands and facilities traversed by the proposed improvements.
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 Qc:1"'76 Revised 12/95
4.0 Releases f Liability: Applicant shall indemnify and hold harmless the County from any
and all liability loss and damage county may suffer as a result of all suits, actions or claims
of every nature and description caused by, arising from, or on account of said design and
construction of improvements, and pay any and all judgments rendered against the County
on account of any such suit, action or claim, together with all reasonable expenses and
attorney fees incurred by County in defending such suit, action or claim whether the
liability, loss or damage is caused by, or arises out of the negligence of county or its
officers, agents, employees, or otherwise except for the liability, loss, or damage arising
from the intentional torts or the gross negligence of the county or its employees while acting
within the scope of their employment. All contractors and other employees engaged in
construction of the improvements shall maintain adequate workman's compensation
insurance and public liability insurance coverage,and shall operate in strict accordance with
the laws and regulations of the State of Colorado governing occupational safety and health.
(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
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 n�.y6 Revised 122/95
+� .. 1JIV
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".
8.0 Improvements Guarantee: The five types of collateral listed below are acceptable to Weld
County subject to final approval by the Board of County Commissioners.
8.1 An irrevocable Letter of Credit from a Federal or State licensed financial institution
on a form approved by Weld County. The letter of credit shall state at least the
following:
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.
8.1.3 The applicant may draw from the Letter of Credit in accordance with the
provisions of this policy.
4 P�.� A7^ Revised 12/95
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 the Letter of
Credit of the pending expiration. Said notice shall be sent by certified mail
to the Clerk to the Board of County Commissioners.
8.2 Trust Deed upon all or some of the proposed development or other property acceptable to
the Board of County Commissioners provided that the following are submitted:
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.
8.2.3 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.
8.3 Escrow Agreement that provides at least the following:
5 c►.r1,076 6 Revised 12/95
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 rush deposit made with the County equivalent to 100%of the value of the improvements.
9.0 Request for Release of Collateral: Prior to release of collateral for the entire project or for
a portion of the project by Weld County, the Applicant must present a Statement of
Substantial Compliance from an Engineer registered in Colorado that the project or a
portion of the project has been completed in substantial compliance with approved plans and
specifications documenting the following:
9.1 The Engineer or his representative has made regular on-site inspections during the
course of construction and the construction plans utilized are the same as those
approved by Weld County.
9.2 Test results must be submitted for all phases of this project as per Colorado
Department of 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 finalconstruction plans.
6
Pc:. 1 07 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 Spaces: When the Board of County Commissioners, pursuant to a
rezoning, subdivision or planned unit development, requires the dedication, development
and/or reservation of areas or sites other than subdivision streets and utility easements of
a character,extent and location suitable for public use for parks,greenbelts or schools, said
actions shall be secured in 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 Assigns: This Agreement shall be binding upon the heirs, executors,
personal representatives,successors and assigns of the Applicant,and upon recording by the
County, shall be deemed a covenant running with the land herein described, and shall be
binding upon the successors in ownership of said land.
IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed
on the day and year first above written.
7 C 1 076 Revised 12195
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
A 1 1 EST:
Weld County Clerk to the Board
BY:
Deputy Clerk to the Board
APPROVED AS TO FORM:
County Attorney
APPLICANT
BY:
(title)
Subscribed and sworn to before me this day of , 19
My Commission expires:
Notary Public
M.FORM\\APRNATE.DB
$ Pc: 1076 Revised 12/95
EXHIBIT "A"
Name of Subdivision: .lus‘u€E A( 7> PA I&Jen_ suspAi 41 oL'
Filing: OA
Location: Sficrtou 2i , T4ti1 p.(oc Couuri / Lao
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 where they do not apply)
Estimated
Improvements Unit Cost Construction Cost
Street grading o.sn f sj.vd. 404
ff-
Street base s i.,s/ % J it-
Street paving
Curbs, gutters, & culvers
Sidewalk
Storm sewer facilities (tTa.AvJ CALL'S $ 1.90 SAL. . 4 90
Retention ponds
Ditch improvements
Subsurface drainage
Sanitary sewers
Sanitary sewers
Trunk & forced lines
Mains
Laterals (house connected)
On-site sewage facilities
On-site water supply & storag_e
Water mains-Includes Bore In.cira..--+s" 411.514
F ire hydrants
Survey & street monuments & boxes
Street lighting
Street name signs s 16012Z
Fencingitglagni=
Landscaping (re,- 1101 ts ,+cLs, 0.07-1 s jf+ �4 1
park improvements f
Road Culvert
Grass Lined Swale
Telephone 4 uoo d./to+ (41 wt4Z 24'u
Gas
Electric
Water Transfer 4 6,143 kt
ass ��z P�1076
SUB-TOTAL ' '
9 Revised 12:95
Engineering and Supervision Costs i S,ouv a
(testing, inspection, as-built plans and work in addition to preliminary and final plat; supervision of actual
construction by contractors)
TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION S Yo 511
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
PC 1076
10 Revised 12/95
EXHIBIT "B"
Name of Subdivision: £gu.Ee At.ee3 empaee, sORowtsiaJ
Filing: uIA
Location: GEcTioti1 ZI T4pl, E-L.5VJ WELD Coutars
Intending to be legally bound,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 z ading_(srtgsr\ t WEEKS
Street base I WEE E.
Street paving_
Curbs, gutters.and culverts
Sidewalk
Storm sewer facilities-f_yraw sus) t DVS.
Retention ponds
hitch improvements
Subsurface drainage
Sanitary sewers
Trunk and forced lines
Mains
Laterals (house connected)
On-site sewage facilities
On-site water supply and storage
Water mains 2 WCEY-s
Fire hydrants
Survey& streetmonuments_&boxes
Street i2ht1ng
Street name signs_ GAY
Fencing requirements_
Landscapine_Oz-stso1J4 sown.' ortcuE5) ton
Park improvements
Telephone I WEEK-
Gas
Electric I WEEK
Water Transfer
Sub-Total PS'1076
11 Revised 12'95
The County, at its option, and upon the request by the Applicant, may grant an extension of time for
completion for any particular improvements shown above, upon a showing by the Applicant that the
above schedule cannot be met.
(If corporation,to be signed by President and attested to by Secretary, together with corporate seal.)
Date: , 19
m1 form fapnvam.db
OS:7 0'76
I— Revised I?!95
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