HomeMy WebLinkAbout971016.tiffPLAF ) UNIT DEVELOPMENT ELAN APPLIC?- ON
Department of Planning Services, 1400 N. 17th Avenue, Greeley, Colorado 80631
PHONE: 353-6100, Ext. 3540
FOR PLANNING DE ARTMENT USE ONLY:
CASE NO. ,4; 1-05
ZONING DISTRICT PG( n (C.--;)
DATE Z 0-16
APPLICATION CHECKED BY an
APPLICATION FEE
RECEIPT NO.
RECORDING FEE
RECEIPT NO.
$IUL'C.CL'
00'1C
TO BE COMPLETED BY APPLICANT: (Print or type only except for required signatures).
I (we), the undersigned, hereby request a hearing before the Weld County Planning
Commission and the Board of County Commissioners concerning proposed subdivision of the
following described unincorporated area of Weld County.
LEGAL DESCRIPTION:
Lot 2 Flatiron PUD Final Plat
Section (i, Township 2 North, Range 68 West, Weld County, Colorado
(If additional space is required, attach an additional sheet of this same size.)
NAME OF PROPOSED PUD SUBDIVISION
EXISTING ZONING C-3
TOTAL AREA (ACRES) 6 +/- LOT SIZE: AVERAGE 1.5 +/- MINIMUM
UTILITIES: WATER: NAME
SEWER: NAME
GAS: NAME
PHONE: NAME
ELECTRIC: NAME
DISTRICTS: SCHOOL: NAME
FIRE: NAME
DESIGNER'S NAME Cassel Design Associates PHONE (303) 581-0281
ADDRESS 4490 Clay Street, Boulder, CO 80301
ENGINEER'S NAME Rocky Mountain Consultants
ADDRESS
FEE OWNERS OF AREA PROPOSED FOR PUD SUBDIVISION
NAME Flatiron
ADDRESS 10090 I-25 Frontage Road, Longmont. CO 80502
NAME
ADDRESS
APPLICANT OR AUTHORIZED AGENT (if different than above)
NAME Quinlan Cnnctrnrtinn TnC
ADDRESS 5540 Central Avenue, Boulder, CO 80301
HOME TELEPHONE /1 BUSINESS TELEPHONE # 4.303) 442-0202
Flatiron PUD No. 2
NO. OF PROPOSED LOTS 4
Central Weld County Water District
Saint Vrain Sanitation
Rocky Mountain Natural Gas
US West Communications
United Power
Mountain View Fire District
PHONE (303) 772-5282
700 Florida Avenue, Sutie 500, Longmont. CO 80501
Structures Company PHONE (303) 444-1760
PHONE
I hereby depose and state under the penalties of perjury that all stat
and plans submitted with or contained within this application are true
best of my knowledge.
COUNTY OF WELD )
) ss.
STATE OF COLORADO)
wner°or Authorized Agent
Subscribed and sworn to before me this 47 // day of / 19 95
My Commission expires
a` /997
722
TARY PUBLIC
REVISED: Marche 994
971016
JartafS.C. Battiato
Project Coordinator
Quinlan Construction Inc.
5540 Central Avenue, Suite 100
Boulder, Colorado 80301
Phone 303-442-0202
Fax 303-442-0360
PLANNED UNIT DEVELOPMENT
PLAN APPLICATION SUBMITTAL
ADDENDUM dated December 5, 1996
The following is in regards to the Mixed Use Development Plan dated October 6, 1996:
Common Open Space and Maximum Lot Coverage
We will be providing 15% of the required landscaping on each lot. We are not providing any open
space but will have necessary retainage ponds/and or drainage ditches as required on each lot.
Adequate parking lots will also be provided in respect to each particular building size and occupancy.
Transportation Surcharge
The said transportation surcharge being proposed is presently not in effect and we feel this should
not alter the continuance of our PUD application.
Resubmitted Items from our Previous Application
Agreement with National Resource and Flatiron Structures
Attached is a copy of the NARCO agreement with Flatiron Structures Company LLC insofar as
developing its mineral resources under the captioned lands. It is noted that this proposed PUD does
not conflict with the intent as set forth with NARCO's letter agreement with Flatiron Structures.
28.9.1.19 Certified List of Owners
Attached is an updated Affidavit of Interest Owners/Surface Estate and a list of the Surface Owners
of Property within 500 feet of the proposed PUD area as prepared by Cynthia A.E. Zeren of Crews
and Zeren dated December 2, 1996
28.9.1.20 Certified List of Mineral Owners
Attached is an Affidavit of Interest Owners/mineral and/or Subsurface Estate and a list of the Mineral
Owners and the name of the Oil and Gas Leasehold Owners as prepared by Cynthia A.E. Zeren of
Crews and Zeren dated December 2, 1996.
28.11.5 Final Planned Unit Development Plat
Attached is a Final Planned Unit Development Plan titled "Flatiron Planned Unit Development II Final
Plat Part of the WE'/, SW 1/4, of Section 11, T2N, R68W, of the 6th P.M. Weld County, Colorado,"
as prepared by Scott, Cox & Associates dated 5/31/96, revised 12/3/96 with proposed ROW revisions.
Sincerely,
QUINLAN CONSTRUCTION INC.
971016
Quinlan Construction Inc.
5540 Central Avenue, Suite 100
Boulder, Colorado 80301
Phone 303-442-0202
Fax 303-442-0360
PLANNED UNIT DEVELOPMENT
PLAN APPLICATION SUBMITTAL
November 28, 1995
Quinlan Construction Inc. is submitting an application for a PUD Plan which is
located within an existing Planned Unit Development District. Included is all the
completed information, data, and maps as per the Weld County Zoning Ordinance
book dated July 6, 1993.
28.9.1.1 Certificate of Title:
Attached is an Owner's Policy of Title Insurance as issued by Transamerica
Title Insurance Company, dated December 31, 1993 at 7:00 A.M. Policy No.:
8031695.
28.9.1.2 Certificate of Title Covering Public Dedications:
There are no public dedications for this proposed PUD, therefore, no
certificate of title has been executed.
28.9.1.3 Warranty Deed for Public Use:
There are no public lands or anything used for public purposes, other than
streets; therefore, a warranty deed is not necessary.
28.9.1.4 Certificate of Paid Taxes:
Attached is a Certificate of Taxes Due dated May 1, 1995 by Arthur L. Williss
II, Treasurer of Weld County, certifying that there are no unpaid taxes, or
unredeemed tax sales as recorded in the office.
28.9.1.5 Certificate for Design of Utilities:
The various districts are providing all their own utilities and have followed their
own standards which have been adopted and approved by the state.
28.9.1.6 Deed Restrictions:
Attached is a Special Warranty Deed dated December 22, 1992, between
Rawlins National Bank a Wyoming Corporation which states no restrictions.
971O1s
Planned Unit Development
Plan Application Subbmital
November 28, 1996
Page Two of Five
28.9.1.7 Improvement Agreement:
All utilities for the expansion are in place. There are no other improvement
necessary except the construction of the cul-de-sac. No building permits will
be pulled on any of the lots until the cul-de-sac is constructed.
28.9.1.8 Summary of Total Area:
The proposed PUD concept presently consists of a 6+/- acre lot. It is a
proposed commercial park that will consist of four (4) lots total. The total area
is proposed to be divided as follows: Lot 1 equalling *1.14 acres. Lot 2
equalling *1.34 acres. Lot 3 equalling *1.65 acres. Lot 4 equalling *1.2
acres. Each individual building plotted on each lot will be only what is allowed
in industrial floor space. The range of commericial used which will be allowed
for Lots 2, 3, and 4, as proposed by this PUD will be per the Weld County
Zoning Ordinance - The C-3 District, Section 33.4, Page 30-26, which will also
include the C-2 and C-1 District. Any commercial use beyond C-3 Will not be
allowed. We are unable to give any further specific information due to the fact
that the lots will be sold and it is unknown as to the nature of the business of
those sold lots.
28.9.1.9 Description of Each Building and Structure:
See "Summary of Total Area" above.
28.9.1.10 Proposed Treatment Between Buildings:
At this time there is no proposed treatment between buildings (such as
fencing, walls, screens, etc.). The plan is, however, to have landscaping on
at least 15% of each lot. That landscaping will be similar to what is on the
existing Flatiron Structures lot.
28.9.1.11 Location of Private and Public Open Space:
With the requirement of 15% landscpaing per lot, the remaining 85% of land
for each lot will be necessary for building(s), sidewalks, parking lots, and
access. Landscaping on the other three (3) lots will be similar to the existing
Flatiron Structures Company landscaping. No public open space is being
provided. Each building site contains water drainage retention ponds and will
meet minimum landscaping per land use requirements.
7
971016
Planned Unit Development
Plan Application Subbmital
November 28, 1996
Page Three of Five
28.9.1.12 Details of Common Open Space:
See "Location of Private and Public Open Space" above.
28.9.1.13 Copy of Covenants. Easements. or Restrictions:
Attached is a copy of the Flatiron PUD II Covenants. These covenants are
subject to change after final plat has been accepted.
28.9.1.14 PUD Construction Schedule:
Quinlan Construction Inc. is unable to provide a construction schedule due to
the fact that the lots will be sold in the future and it is unknown what the
construction process will be at the time of sale.
28.9.1.15 Method of Financing:
Quinlan Construction Inc. has been paid for all work they have performed.
This includes all the land and utilities, etc.. The only remaining work to be
done that is currently known of is the cul-de-sac which is not yet scheduled for
construction at this time.
28.9.1.16 State Highway Permit
Attached is a copy of the Colorado Department of Transportation State
Highway Access Permit, dated October 11, 1994 signed by Permittee of Lot
1; Stan Barrett Inc., and Permittee of Lot 2, Flatiron Structures Company.
28.9.1.17 Ditch Location:
Attached is a copy of the letter from the Department of the Army Corps of
Engineers, Omaha District, by Timothy T. Carey, dated March 15, 1995. This
letter states that as per plans submitted to them, the work requested
pertaining to the drainage ditch relocation has been approved.
28.9.1.18 Geologic Maps/investigation Reports:
1) Attached is a copy of the Geotechnical Engineering Study as prepared
by Goodson and Associates, Inc., dated August 24, 1994.
2) Attached is a letter from Goodson & Associates, Inc., dated April 13,
1995 describing the tests performed on this proposed PUD.
3) Attached is a letter from State of Colorado, Department of Natural
971016
Planned Unit Development
Plan Application Subbmital
November 28, 1995
Page Four of Five
Resources, Colorado Geological Survey, dated May 31, 1995, stating that
"there are no land restraints that would prevent the proposed development as
planned?
28.9.1.19 Certified List of Owners:
Attached is an Affidavit of Interest Owners/Surface Estate and a list of the
Surface Owners of Property within 500 feet of the proposed PUD area as
prepared by William G. Crews of Crews and Zeren.
28.9.1.20 Certified List of Mineral Owners:
Attached is an Affidavit of Interest Owners/Mineral and/or Subsurface Estate
and a list of the Mineral Owners and the name of the Oil and Gas Leasehold
Owners as prepared by Cynthia A.E. Zeren of Crews and Zeren.
28.9.1.21 Sign Posting:
As per Gloria Dunn, Current Planner for Weld County Department of Planning,
obtaining the sign and posting of the sign is completed by the planner.
28.10.1 Illustrations:
Future property owners illustrations will show architectural styles similar to
Flatiron Structures Company's office building on Lot 2. This architecture will
follow guidelines established in the design covenants and will be controlled
by an established Architectural Review Committee. The proposed
architectural styles through the Architectural Covenants will guarantee that
new buildings added will enhance the existing buildings and structures within
the surrounding areas. This proposed architectural style will show no plain
metal buildings, warehouse structures, common block masonry structures, or
any building without architectural enhancement, as governed by the control
committee. Please see attached covenants.
28.11.1 Utility Plan Map:
Attached is a plan titled "Utility Plan Map" dated January 16, 1995, as
prepared by Rocky Mountain Consultants Inc.
9'71016
Planned Unit Development
Plan Application Subbmital
November 28, 1995
Page Five of Five
28.11.2 Streets/Culverts and Drainage Areas:
Attached is a plan titled "Future Site Grading and Drainage Plan" dated July
22, 1994, revised September 16, 1994, as prepared by Rocky Mountain
Consultants.
28.11.3 Grading and Drainage Plan Map:
Attached is a plan titled "Site Grading and Drainage Plan" dated July 22,
1994, revised September 16, 1994, as prepared by Rocky Mountain
Consultants.
28.11.4 Landscape Plan Map:
Attached is a landscape plan dated September 27, 1994, titled "Landscape
Plan" as prepared by Anne Christhilf Land Design. We are unable to provide
a landscape plan map showing the entire 6t lot due to the fact that it is
uncertain at this time what the various structures will be in the future. We
have provided a copy of the landscape plan for the existing building and it's
surrounding. It is the Owner's intent to have the remainder of the land, after
sale, match accordingly to what the landscaping is of the existing area.
28.11.5 Final Planned Unit Development Plat
Attached is a Final Planned Unit Development Plat titled "Lot 2, Flatiron
Planned Unit Development Final Plat Part of the W % SW 1/4, of Section 11,
T2N, R68W, of the 6th P.M., Weld County, Colorado," as prepared by Scott,
Cox & Associates, Inc. dated 5/31/95.
Sincerely,
QUINLAN CONSTRUCT ON INC. QUINLANCONSTRUCTION INC.
i
ary L!Shaw
Vice -President
/flatpud3. jsc
JaIS,a)S. Chameroy
Project Coordinator
971016'
Quinlan Construction Inc.
5540 Central Avenue, Suite 100
Boulder, Colorado 80301
Phone 303-442-0202
Fax 303-442-0360
January 26, 1996
Weld County Department of Planning Services
Weld County Administrative Offices
1400 N. 17th Avenue
Greeley, Colorado 80631
Attention: Gloria Dunn
As per your letter dated December 6, 1995, I have enclosed the following for the final
completion of the Final Plat.
1) Property Owners / Mineral Owners
Attached is an updated list of surrounding property owners and mineral owners.
2) Improvements Agreement According Policy Regarding Collateral
for Improvements.
Attached is a complete Improvement Agreement pertaining to the future cul-de-sac.
3) Future Right -Of -Way
Attached is the documentation that CDOT gave to me regarding the future right-of-
way and it has also been shown on the revised Final Plat.
4) Locations for Oil and Gas Uses
I have no potential locations for oil and gas uses due to the fact that there are none.
5) Utility Design
We did not have any one engineer design the utility. Each utility company did their
own individual design work. This includes, Central Weld County Water District,
United Power, St. Vrain Sanitation, KN Energy (formerly Rocky Mountain Natural
Gas), and US West Communications.
6) Underlying Zone District
The underlying zone district is C-3.
7) PUD Plan - (4) Lots
This PUD plan is definitely encompassing all four lots. We have shown all the
individual lots on the PUD Final Plat.
8) Open Storage
There are no open storage areas or loading areas on the site.
971016
Gloria Dunn
January 26, 1996
Page Two of Two
9) Buildings and Structures
The range of commercial uses which will be allowed for each individual building
plotted on Lots 2, 3, and 4, as proposed by this PUD will be per the Weld County
Zoning Ordinance - The C-3 District, which will also include the C-2 and C-1
District. Any commercial use beyond C-3 will not be allowed. We are unable to
give any further specific information due to the fact that the lots will be sold and it
is unknown as to the nature of the business of those sold lots. For structural
information, including guidelines, please see Covenants.
10) Cross Section
Attached is a cross section of the existing road. The remaining information, ie. the
drainage, etc., has been shown on the included Site and Drainage Map.
Hopefully, this will conclude the process of the PUD. Let me know if you have any
questions. Thank you.
Sincerely,
QUINLAN CONSTRUCTION INC.
Gafy L. Shaw
Vice -President
/flatpud.finalplt.
QUINLAN CONSTRUCTION INC.
AlaatilfitV
Jana'Sf Chameroy
Project Coordinator
971016
C:\PROJECTS\91033\EASTSIDE\91033NFT.COT 10/10/95 10:49:45 AM
Beginning at the Soutwest corner of Section 11, T. 2 N., R. 68 W., 6th P.M.;
Thence N. 9n 26' 00" E., a distance of 161.932 meters (531.27 feet) to the
TRUE POINT OF BEGINNING;
1. Thence N. 50 45' 53" E.; a distance of 120.701 meters
(396.00 feet);
2. Thence S. 86 43' 30" E., a distance of 5.526 meters (18.13
feet) ;
3. Thence 5. 7V 00' 00" w., a distance of 36.315 meters (119.14
feet);
4. Thence along the arc of a curve to the left having a
radius of 4953.700 meters (16252.26 feet), a distance
of 84.484 meters (277.18 feet), (the chord of said
arc bears S. 6° 30' 41" W., a distance of 84.483
meters (277.18 feet) );
5. Thence N. 860 43' 30" W., a distance of 3.641 meters (11.94
feet), more or less, to the TRUE POINT OF BEGINNING.
The above described parcel contains .053 hectares/529.5
square meters (.131 acres/5699 square feet), more or less.
Basis of Bearings: All bearings are based on a line connecting the SW corner of Section 11,
T. 2 N., R. 68 W., 6th P.M., and the W 1/4 corner of Section 11 as bearing N. 0 � 29' 59" E.
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NORMS AMERICAN RESOURCES COMPANY
DENVER DISTRICT OFFICE
1700 BROADWAY, SUITE , 5 (30 i) DENVER,
COLORADO 80290
SEPHO
November 11, 1996
WELD COUNTY
DEPARTMENT OF PLANNING SERVICES
Weld County Administrative Offices
1400 N. 17th Avenue
Greeley, CO 80531
Attn: Ms. Shani L. Eastin
Current Planner FAXED SIX PAGES (INCL. COVER) TO (970) 352-6312
Re: NOTICE OF NO OBJECTION TO PLANNED UNIT
DEVELOPMENT
Township 2 North, Range 68 West
Section 11: 6 acre parcel in SW/4SW/4
Weld County, Colorado
Dear Ms. Eastin,
Please allow this letter to serve as formal notice that North American Resources Company
(NARCO) has reached agreement with Flatiron Structures Company
LLC
A copy s insofar
r as e developing its
t is
mineral resources under the captioned lands in Weld County, Co
provided for your review.
Insofar as the proposed Planned Unit Development Application dated November 29, 1995, by
the Weld County Zoning Ordinance - The C-3 District, Section 33.4 does not conflict with the intent as
set forth in NARCO's letter agreement dated October 28, 1996 with Flatiron Structures Company LLC,
NARCO does not object to Flatirons use for those lands listed in the Planned Unit Development
Application.
Thank you for your assistance in this matter. If you have any questions or if I may be of
assistance in any way, please call me at (303) 861-9183, ext: 216.
Sincerely,
NORTH AMERICAN RESOURCES COMPANY
cc: mth, Flatiron Structures Company LLC
QOJ.
Michael T. Holland
Senior Landman
ning ; c
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N0V 1 5 1596
971016
October 28, 1996
t NORTH sNLEnrcSN ItIZSOURCES COMPANY
°Q) C DENVER DISTRICT OFFICE
) 1700 BROADWAY, SUITE 508, DENVER,, COLORADO 80?90
TELEPHONE (303) 861-9183'
FLATIRONS STRUCTURES COMPANY LLC
P.O. Box 2239
Longmont, CO 80502
RE: Joint Surface Use Agreement
A 6 acre tract in Lot 2 of Recorded Exemption
No. 1313-11-3- RE1201, part of SW/4SW/4
of Section 11, Township 2 North, Range 68 West
Weld County, Colorado
(See Exhibit Al and A2 for copies of plat)
Gentlemen:
RECEIVED
Nf1U 8 1 1QQR
FLATIRON smucTUltEs
North American Resources Company ("NARCO") is the successor owner of rights under an oil
and gas lease, dated September 3, 1975, recorded at Book 747, No. 1669489, from Horses Unlimited, a
limited partnership, as Lessor, and Wilbur R. Hurt, as Lessee, covering the following lands in Weld
County, Colorado:
Township 2 North, Range 68 West, 6th P.M.)
Section IL W/2SW/4
containing 80.00 acres, in/I (the `LANDS").
Flatirons Structures Company LLC ("FLATIRONS") is the owner of the surface and minerals,
other than oil and gas, of the LANDS, by virtue of the Deed, dated December 22, 1992, recorded at Book
1364, Reception Number 02316561, between Rawlins National Bank, Grantors, and Flatirons Structure
Company, Grantee. Flatiron's ownership interest related to this document is
a 6 acre parcel which is a portion of the referenced 80 acre parcel.
NARCO currently conducts oil and gas leasehold operations on the LANDS and anticipates
future operations on either the LANDS or on acreage pooled with the LANDS.
real estate
FLATIRONS anticipates conductinedevelopment for commercial use on portions of the
LANDS. (FLATIRONS operations)
Both NARCO and FLATIRONS wish to conduct their operations concurrently on the LANDS
with minimal interference and damage to one another's operations, facilities, and access.
Consequently, in consideration of the mutual promises contained in this letter agreement,
FLATIRONS and NARCO agree to the following:
1. FLATIRONS will conduct its operations in accordance with zoning and ordinances as outlined
in that Planned Unit Development Application Dated November 29, 1995, by the Weld County
Planning Department, in conformance with the Weld County Zoninpr Ji9a.one - The -3
1::;f]llhflt Dept,.
District, Section 33.4.
Flatirons Structures Company LLC
October 28, 1996 Page 2 of 3
2. NAACO will conduct its operations in accordance with its oil and gas lease described above
and with all applicable statutes, laws, rules, and regulations.
3. NAACO presently possesses a producing wellsite (the Salisbury #1), including related surface
facilities, and access to a location 1210 feet from the South line and 990 feet from the West line
of Section 11 on or near the NE/4SW/4SW/4 of the subject Section 11. Such location consists of
a wellsite, approximately 400 ft. by 400 ft. in size, a long-term production facility approximately
200 ft. by 200 ft. in size around the producing well. NARCO expressly reserves its right to
maintain and operate the well and utilize the existing access road to the wellsite for any and all
purposes conducive to and being a part of NARCO's current or future operations. It is hereby
agreed by FLATIRONS that whenever a conflict arises between NAACO's right as set forth
herein and the right of FLATIRONS to conduct its operations, the rights of NAACO, in all
instances, shall prevail over those rights of FLATIRONS.
FLATIRONS agrees that it will conduct its operations in such a way as to provide NARCO with
continued access to such wellsite and facilities site without cost to NARCO.
4. FLATIRONS will make all reasonable efforts to avoid interference with NARCO's present
or future operations; and, NAACO will make all reasonable efforts to avoid interference with
FLATIRONS' operations. FLATIRONS will compensate NARCO for damages to NARCO
resulting directly and indirectly by FLATIRONS' operations and ownership of the LANDS; and,
NARCO will compensate FLATIRONS for damages to FLATIRONS resulting directly or
indirectly from NARCO's operations.
5. FLATIRONS and NARCO will each indemnify and hold the other harmless for damages to
persons or property resulting directly or indirectly from its operations and ownership of the
LANDS, whether such damages result from action or failure to act.
6. NARCO shall notify FLATIRONS of its intention to conduct drilling, workover, or other similar
operations on the LANDS at least thirty days prior to initiation of such operations. Prior to
initiating such operations, NARCO shall describe the nature and extent of such operations to
FLATIRONS and consult with FLATIRONS with regard to the precise locations of access roads,
pipelines, gathering lines, tank batteries, and other related facilities. FLATIRONS agrees that
NARCO has already given proper notice to FLATIRONS of its intentions to recomplete the
Salisbury #1 well in the Codell Formation, which permit has been already approved by the
Colorado Oil and Gas Conservation Commission (API #05-123-8614-I).
real estate development
7. FLATIRONS shall notify NARCO of its intention to conduct operations within 200 feet
of NARCO's existing or anticipated facilities and access routes at least thirty days prior to
initiation of such operations.
8. In the event that NARCO should require new drillsite and facilities locations, and/or access
to then, in addition to that provided for in Paragraph 3 above, in order to fully develop its oil
and gas leasehold, NARCO shall notify FLATIRONS of such fact at least sixty days prior to
initiation of such operations. NARCO shall consult with FLATIRONS with regard to the precise
location of such locations and access. The cost of preparing and maintaining such locations and
access shall be borne wholly by NARCO, including increased costs resulting from impediments
or surfa,ce�*gularities created by FLATIRON's operations.
NOV 1 5 1996
971916
Flatirons Structures Company LLC
October 28, 1996 Page 3 of 3
9. This agreement may be assigned by either party.
10. This agreement shall be governed by the laws of the State of Colorado.
11. Notices proyided for in this agreement shall be considered given when placed in the U.S. Mail,
First Class postage prepaid to the parties, to the following address, or addresses provided subsequently by
the parties:
NARCO:
North American Resources Company
1700 Broadway, Suite 508
Denver, CO 80209
Attn: Mr. Michael Holland
with a copy sent to:
North American Resources Company
16 East Granite
Butte, Montana 59701
Attn: Ms. Mary Kay Thompson
FLATIRONS: Flatirons Structures Company, LLC
P.O. Box 2239
Longmont, CO 80502
12: Either party may provide a copy of this agreement to the Weld County and State of Colorado
agencies whose permits are required for operations anticipated under this agreement. Promptly upon
execution of this agreement, NARCO shall notify the Weld County Department of Planning Services that
it does not object to FLATIRONS use as outlined in Planned Unit Development Regulations as referred
to in Paragraph I of this agreement.
If you agree to the above, please date, sign and return one copy of this letter to the undersigned.
Sincerely,
NORTH AMERICA}) RESOURCES COMPANY
57L
AGRE- -D TO ACCEPTED THIS / DAY
OF fifi�, 1996.
FLATIRONS STRU TURj COMPANY LLC
I
By:
Its:
v'
60/14
Kevin J. Edwards
Denver District Manager
tA1.1 references to the word "FLATIRONS" in this agreement shall mean
Flatiron Structures Company LLC a Colorado Limited Liability Company.
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971016
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EXHIBIT Al - Attached
to and made part of
that letter agreement
dated 10/28/96 between
North American Resource
Company and Flatirons
Structures Company LLC
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LEGAL DESCRIPTION
SALISBURY PROPERTY
tract of land situated In the Southwest one -quarter of Section IIwhich , considering
slhip lrag
orlh, Range 60 West of tho Sixth P.H., Weld County, Colorado,
he North line of the said Southwest one -quarter as bearing Sout U Inedth 3wlthl east
rid with all bearings contained herein, relative thereto, is
he boundary lines which cormencet at nt on t
he asterly East g127 -of -wars One
f U,S. Interstate Highway 25, which bears South Be'
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one-quarter
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eat 34.42 feet; thence [ South h 05'46'09'- West l 618.547 feet s to t the t Pointtlof�•29')9'
eat feet;thence Borth
eginning;'thence continuing South 06' 16'01' sai West erly. r5 feet;
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aidnrightcontaining line
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LEGAL DESCRIPTION
FLATIRONS PROPERTY
A tract of land ter of Son tiTownship 2 North, Range the W RangellWest
6West of
hr ithe 6th P.M., Weld County,Colorado,c core11
particularly descrited as follows:
Beginning on the South line of the Southwest corner of Section 11 whence the
Southwest corner of Slid Section 11 beers North 09'40']0' West 50,00 feet;
thence slang the East right-of-way line of highway I-25 Frontage Road s Borth
00'29'69' Cast 172.00 feet; thence Korth 05'46'09' East 75U.12 feet;
leaving said right-of-way South 06'46'06' East 660.62 feet; thence North
05'16'09' East 1111.09 feet; thence Korth 00'29'69' East 6.57 feet to ,
whence the North line of said Southwest one -quarter bears North 00'7`
34.42 feet; thence South 09'33'44' Cast, parallel with said North.'
Southwest one -quarter a distance or 361.57 Net to a point nn lN -
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DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS, OMAHA DISTRICT
TRI-LAKES PROJECT OFFICE, 9307 STATE HWY 121
LITTLETON, COLORADO 80123-6901
REPLY TO
ATTENTION OF
March 15, 1995
RECEIVED MAR 1 6 1995
Ms. Jana S. Chameroy
Quinlan Construction Inc.
5540 Central Avenue
Boulder, Colorado 80301
RE: Nationwide Permit No. 199580073
Dear Ms. Chameroy:
We have reviewed your request for Department of the Army authorization to
impact approximately 0.17 acre of a wetlands drainage ditch while performing the
Flatiron PUD project located in Section 11, Township 2 North, Range 68 West, Weld
County, Colorado.
Based on the information you provided, this office has determined that your work
within Colorado can be authorized by the Department of the Army Nationwide Permit
found at 33 CFR Part 330 Appendix A, (B)(26), Enclosed is a fact sheet which fully
describes this Nationwide Permit and lists the General and Section 404 only conditions
which must be adhered to for this authorization to remain valid.
Although an Individual Department of the Army permit will not be required for
the project, this does not eliminate the requirement that you obtain any other applicable
federal, state or local permits as required. Please note that deviations from the original
plans and specifications of your project could require additional authorization from this
office.
You are advised that this verification of the nationwide permit authorization is
valid until November 22, 1996.
If you have any questions concerning this determination, please feel free to contact
Mr. Terry McKee of my staff at (303) 979-4120 and reference Nationwide Permit action
ID 199580073 and Weld County.
Sincerely,
.144
Timothy T. Carey
Project Manager
971016
-2 -
Enclosure
Copies Furnished:
U.S. Fish & Wildlife
Colorado Department of Health
Environmental Protection Agency
Colorado Division of Wildlife
97141E
Fact Sheet #26
33 CFR Section 330.6 Nationwide Permits
(b) Authorized Activities:
(26) Headwaters and Isolated Waters Discharges. Discharges of dredged or fill material
into headwaters and isolated waters provided:
a. The discharge does not cause the loss of more than 10 acres of waters of the United States;
b. The permittee notifies the district engineer if the discharge would cause the loss of waters of the
United States greater than one acre in accordance with the "Notification" general condition. For discharges
in special aquatic sites, including wetlands, the notification must also include a delineation of affected special
aquatic sites, including wetlands. (Also see 33 CFR 330.1(e)); and
c. The discharge, including all attendant features, both temporary and permanent, is part of a single
and complete project.
For the purposes of this nationwide permit, the acreage of loss of waters of the United States includes
the filled area plus waters of the United States that are adversely affected by flooding, excavation or drainage
as a result of the project. The ten -acre and one -acre limits of NWP 26 are absolute, and cannot be increased
by any mitigation plan offered by the applicant or required by the DE.
Subdivisions: For any real estate subdivision created or subdivided after October 5, 1984, a notification
pursuant to subsection (b) of this nationwide permit is required for any discharge which would cause the
aggregate total loss of waters of the United States for the entire subdivision to exceed one (1) acre. Any
discharge in any real estate subdivision which would cause the aggregate total loss of waters of the United
States in the subdivision to exceed ten (10) acres is not authorized by this nationwide permit; unless the DE
exempts a particular subdivision or parcel by making a written determination that: (1) the individual and
cumulative adverse environmental effects would be minimal and the property owner had, after October 5,
1984, but prior to January 21, 1992, committed substantial resources in reliance on NWP 26 with regard to
a subdivision, in circumstances where it would be inequitable to frustrate his investment -backed expectations,
or (2) that the individual and cumulative adverse environmental effects would be minimal, high quality
wetlands would not be adversely affected, and there would be an overall benefit to the aquatic environment.
Once the exemption is established for a subdivision, subsequent lot development be individual property
owners may proceed using NWP 26. For purposes of NWP 26, the term "real estate subdivision" shall be
interpreted to include circumstances where a landowner or developer divides a tract of land into smaller
parcels for the purpose of selling, conveying, transferring, leasing, or developing said parcels. This would
include the entire area of a residential, commercial or other real estate subdivision, including all parcels and
parts thereof. (Section 404)
Structural Discharge. Discharges of material such as concrete, sand, rock, etc. into tightly sealed forms or
cells where the material will be used as a structural member for standard pile supported structures, such as
piers and docks; and for linear projects, such as bridges, transmission line footings, and walkways. The
NWP does not authorize filled structural members that would support areas and other such structures.
Housepads or other building pads are also not included in this nationwide permit. The structure itself may
require a section 10 permit if located in navigable waters of the United States. (Section 404)
(c) General Conditions: The following general conditions, where applicable, must be complied with
for the Nationwide Permit authorization to remain valid:
(1) Navigation. No activity may cause more than a minimal adverse effect on navigation.
971016
(2) proper maintenance. Any structure or fill authorized shall be properly maintained, including
maintenance to ensure public safety.
(3) Erosion and siltation controls. Appropriate erosion and siltation controls must be used and
maintained in effective operating condition during construction, and all exposed soil and other fills must be
permanently stabilized at the earliest practicable date.
(4) Autistic life movements. No activity may substantially disrupt the movement of those species
of aquatic life indigenous to the waterbody, including those species which normally migrate through the area,
unless the activity's primary purpose is to impound water.
(5) Eauipment. Heavy equipment working in wetlands must be placed on mats or other measures
must be taken to minimize soil disturbance.
(6) Regional and case -by -case conditions. The activity must comply with any regional conditions
which may have been added by the division engineer and any case specific conditions added by the Corps.
(7) Wild and Scenic Rivers. No activity may occur in a component of the National Wild and Scenic
River System: or in a river officially designated by Congress as a "study river" for possible inclusion in the
system, while the river is in an official study status. Information on Wild and Scenic Rivers may be obtained
from the National Park Service and the U. S. Forest Service.
(8) Tribal Rights. No activity or its operation may impair reserved tribal rights, including, but not
limited to, reserved water rights and treaty fishing and hunting rights.
(9) Water Quality Certification. In certain states, an individual state water quality certification must
be obtained or waived.
(10) Costal zone management. In certain states, an individual state coastal zone management
consistency concurrence must be obtained or waived.
(11) Endangered Species. No activity is authorized under any Nationwide Permit which is likely
to jeopardize the continued existence of a threatened or endangered species or a species proposed for such
designation, as identified under the Federal Endangered Species Act, or which is likely to destroy or
adversely modify the critical habitat of such species. Non-federal permittees shall notify the district engineer
if any listed species or critical habitat might be affected or is in the vicinity of the project and shall not begin
work on the activity until notified by the district engineer that the requirements of the Endangered Species
Act have been satisfied and that the activity is authorized. Information on the location of threatened and
endangered species and their critical habitat can be obtained from the U. S. Fish and Wildlife Service and
National Marine Fisheries Service.
(12) Historic properties. No activity which may affect Historic properties listed, or eligible for
listing, in the National Register of Historic Places is authorized, until the district engineer has complied with
the provisions of 33 CFR 325, appendix C. The prospective permittee must notify the district engineer if
the authorized activity may affect any historic properties listed, determined to be eligible, or which the
prospective permittee has reason to believe may be eligible for listing on the National Register of Historic
Places, and shall not begin the activity until notified by the District Engineer that the requirements of the
National Historic Preservation Act have been satisfied and that the activity is authorized. Information on the
location and existence of historic resources can be obtained from the State Historical Preservation Office and
the National Register of Historic Places.
(13) Notification. (Not Applicable)
97101s
SECTION 404 ONLY CONDITIONS
In addition to the General Conditions, the following conditions apply only to activities that involve
the discharge of dredged or fill material and must be followed in order for authorization by the nationwide
permits to be valid:
(1) Water Supply Intakes. No discharge of dredged or fill material may occur in the proximity of
a public water supply intake except where the discharge is for repair of the public water supply intake
structures or adjacent bank stabilization.
(2) Shellfish production. No discharge of dredged or fill material may occur in areas of concentrated
shellfish production, unless the discharge is directly related to a shellfish harvesting activity authorized by
nationwide permit 4.
(3) Suitable material. No discharge of dredged or fill material may consist of unsuitable material
(e.g., trash, debris, car bodies, etc.) and material discharged must be free from toxic pollutants in toxic
amounts.
(4) Mitigation. Discharges of dredged or fill material into waters of the United States must be
minimized or avoided to the maximum extent practicable at the project site (i.e. on -site), unless the district
engineer has approved a compensation mitigation plan for the specific regulated activity.
(5) Spawning areas. Discharges in spawning areas during spawning seasons must be avoided to the
maximum extent practicable.
(6) Obstruction of high flows. To the maximum extent practicable, discharges must not permanently
restrict or impede the passage of normal or expected high flows or cause the relocation of the water (unless
the primary purpose of the fill is to impound waters).
(7) Adverse impacts from impoundments. If the discharge creates an impoundment of water,
adverse impacts on the aquatic system caused by the accelerated passage of water and/or the restriction of
its flow shall be minimized to the maximum extent practicable.
(8) Waterfowl breeding areas. Discharges into breeding areas for migratory waterfowl must be
avoided to the maximum extent practicable.
(9) Removal of temporary fills. Any temporary fills must be removed in their entirety and the
affected areas returned to their preexisting elevation.
971016
Section 404
Customer Feedback Form
U.S. Army Corps of Engineers
Tri-Lakes Project Office
9307 State Highway 121
Littleton, Colorado 80123
PLEASE CIRCLE YES, NO, OR THE APPROPRIATE NUMBER AND RETURN TO THE
ABOVE ADDRESS.
Did you feel that your Resource Specialist was interested in assisting you with your project?
Yes No
Did your Resource Specialist appear to be well versed in the subject matter? Yes No
Did your Resource Specialist explain the role of the Corps of Engineers within Section 404 of
the Clean Water Act? Yes No
Was your Resource Specialist tactful in unpleasant situations, if any occurred, involving
concerns related to your specific project? Yes No
If you were involved with other Corps of Engineers staff members throughout your Section 404
process, do you feel you were treated with respect and courtesy? Yes No
Did your project require an: (1) Individual Permit, (2) Nationwide Permit, (3) General Permit,
(4) Wetlands Delineation/Jurisdictional Determination.
Please provide any additional suggestions or comments concerning the service you received in
the space provided below.
OPTIONAL:
NAME:
ACTION II) NUMBER:
971015
RECEIVED APR 1 7 1995
Goodson & Associates, Inc.
Consulting Engineers
April 13, 1995
Quinlan Construction, Inc.
5540 Central Avenue
Boulder, Colorado 80301
Attention: Ms. Jana Chameroy, Project Coordinator
Subject: Mineral Resources Statement, Flatirons Structures PUD
Dear Ms. Chameroy:
As requested, Goodson and Associates, Inc. is providing this letter
to address economic mineral resources on the referenced property.
We performed a geotechnical investigation for this property
recently, our project number 62573.01, dated August 24, 1994.
Our test borings were performed in the area of the existing
Flatirons Structures buildings. Our 4 borings indicated that 5.5 to
11.5 feet of sand and gravel (average of 7.75 feet thickness)
existed at a depth of 8 to 11 feet (average of 9.75 feet).
Based on the size of the parcel and the relative thickness and
depth of the sand and gravel layer, in our opinion there does not
appear to be an economic resource present on the site. We believe
that the issues of property setbacks, pit side slopes, and
provisions for leaving some gravel in place due to hydrologic
issues are all factors which point to this parcel being non-
economic to develop. We believe that the amount of gravel available
from this property would not have a substantial effect of the price
or availability of gravel in the local market, and would probably
not cover the costs associated with it's development.
Please contact our office if you have any questions, or need any
additional information.
Sincerely,
Goodson and Associates, Inc,.
David A. Cushman, C.P.G.
Engineering Geologist
dac
62999.01
11949 West Colfax Avenue • Lakewood, Colorado 80215 • (303) 233-2244
FAX No. (303) 233-1938
371016
STATE OF COLORADO
COLORADO GEOLOGICAL SURVEY
Division of Minerals and Geology
Department of Natural Resources
1313 Sherman Street, Room 715
Denver, Colorado 80203
Phone (303) 866-2611
FAX (303) 866-2461
May 31, 1995
Ms. Gloria Dunn
Weld County Department of Planning Services
1400 N. 17th Avenue
Greeley, CO 80631
RE: Flatiron PUD, Case No. Z-495
Dear Ms. Dunn,
WE -95-0022
par
DEPARTMENT OF
NATURAL
RESOURCES
Roy Romer
Governor
Wm. S. Lot hhead
Executive Direclor
Michael H. Lung
Division Direclor
WFI_D COUNTY PLANNtP1Go ar
n JUN 2 199
At your request and in accordance with S.B. 35 this office has
reviewed the materials submitted for the above PUD and conducted a
site inspection of the property on May 23, 1995. The planned
development is the subdivision of a square parcel of land into 4
lots. A new slightly elevated access road exists from the frontage
road into the proposed subdivision. Lot 1 contains a fairly new
Flatiron office building and parking lot. The other 3 lots are
currently vacant.
From a geologic hazard perspective this office finds no land
use restraints that would prevent the proposed development as
planned. A potential shallow ground water problem will be
minimized by the fill pads recommended in the drainage report. If
you have any questions please contact this office.
Sincerely,
Jonathan L. White
Engineering Geologist
971016
FLAT _ II RON PUD
COVENAT
S
971019
FLATIRON PUD II
COVENANTS
V_�
THIS DECLARATION made this '=-' day of Can(lY 1997, by
FLATIRON STRUCTURES COMPANY, LIMITED LIABILITY COM ANY, hereinafter
called the "Declarant".
WITNESSETH:
WHEREAS, the Declarant is the present equity owner of property situated in the
County of Weld, State of Colorado more particularly described as follows, hereinafter
called the "Premises":
Flatiron PUD II - Part of the recorded plat thereof; and
WHEREAS, Declarant is desirous of subjecting said Premises to the conditions,
covenants, restrictions and reservations hereinafter set forth to insure proper use and
appropriate improvements of said Premises as follows:
1. Wherever herein used, the term "building site" shall mean any plot of land
lying within any Lot and Block in Flatiron PUD II, the size and dimensions of which shall
be established by the legal description of the original conveyance from Declarant to the
first fee owner of said plat of land, other than Declarant. A building site may also be
established by Declarant by an instrument in Writing, executed, acknowledged and
recorded by the Declarant and filed with Weld County, which designated a plat of land
as a building site for purposes of these Covenants. If two or more building sites, as
defined hereinabove, are acquired by the same owner in fee, its commonly owned
building sites may, at the option of said owner, be combined and treated as a single
building site for purpose of the Covenants contained herein.
1
971018
2. No noxious or offensive trades, services or activities shall be conducted
on a building site nor shall anything be done thereof which may be or become an
annoyance or nuisance to the owner, tenant or occupant of other building sites with the
Flatiron PUD II area by reason of unsightliness or the excessive emission of fumes,
odors, glare, vibration, gases, radiation, dust, liquid waste, smoke or noise.
3. No building shall at any time be erected on any building site within twenty-
five (25) feet of any street easements adjoining the same, or any perimeter property
line of Flatiron PUD II. No building shall be constructed within ten (10) feet or one (1)
foot for every two (2) feet of building height, whichever is greater from internal property
lines.
4. All vehicles shall be parked within the building site when loading or
unloading at a building site. All loading docks should be constructed or screened from
view (using screen walls, fences or landscaping) from streets or adjacent property
owners.
5. Any owner, tenant or occupant of any building site shall provide on the
Premises off-street automobile parking facilities for each employee employed on the
Premises by the original occupants thereof and appropriate visitor parking. All off-
street parking and access drives and all loading areas shall be hard surfaced and
properly graded to assure proper drainage. Parking lot lighting, poles, and fixtures
shall not exceed thirty-five (35) feet in height.
6. Any owner, tenant or occupant of any building site shall submit to the
Declarant's Architectural Review Committee plans and specifications for any building,
improvements, or landscaping to be placed on the Premises. No building
improvements or landscaping shall be erected or placed on the Premises without the
prior written approval of plans and specifications therefore given by the Architectural
Review Committee. All buildings shall be constructed including, but not limited to, and
as approved by the Architectural Review Committee, the following: concrete masonry
units; tilt -up construction (excluding twin -tees); stucco; or brick. All other materials
shall be reviewed by and must be approved specifically by the Architectural Review
2
971016
Committee. Landscaping must meet minimum requirements of the PUD plan recorded
with Weld County; therefore, consisting of 15% of remaining lot landscaped to the
requirements of the Weld County Planning Commission. The following breakdown
shall be made from the 15% landscaping requirement.
A) 46% of the 15% requirement shall be sod
B) 28% of the 15% requirement shall be a mixture of trees and shrubs
C) 26% of the 15% requirement shall be a buffalo dryland grass mix.
The landscaping materials shall consist of a mixture of the following:
SYMB
BOTANICAL NAME
COMMON NAME
SIZE
TREES
A.M.
Acer Ginnala
Amur Maple
1.5" BB treeform
R.H.
Crataegus Ambigua
Russian Hawthorn
5-6' clump
A.P.A.
Fraxinum Amer. "A.P."
Autumn Purple Ash
2.75" BB
M.A.
Fraxinum Penn. "M"
Marshall Ash
2.75" BB
R.C.
Malus "Radiant"
Radiant Crab
1.5" BB
S.S.C.
Malus "Spring Snow"
Spring Snow Crab
6-8' BB clump
A.P.
Pinus Nigra
Austrian Pine
7' BB
SHRUBS
R.L.B.
Berberis Thunbergii "A"
Redleaf Barberry
#5 Cont. (Typ)
M.B.
Berberis x Mentorensis
Mentor Barberry
D.B.R.
Chrysothamnus "D.B."
Dwarf Blue Rabbitbush
V.D.
Cornus Alba "A -M"
Variegated Dogwood
R.T.D.
Cornus Sericea "Baileyi"
Redtwig Dogwood
Y.T.D.
Cornus Sericea "Flay"
Yellowtwig Dogwood
I.D.
Cornus Sericea "Isanti"
Isanti Dogwood
K.D.
Cornus Sericea "Kelseyi"
Kelsey Dogwood
3
971016
SYMB
BOTANICAL NAME
COMMON NAME
SIZE
SHRUBS (cont)
C.B.B.
Euonymus Alata "Compacta"
Compact Burning Bush
#5 Cont. (Typ)
M.E.
Euonuymus Kiautschovica "M"
Manhatten Euonymus
B.S.J.
Juniperus Squamata "B.S."
Blue Star Juniper
R.S.
Perovskia Atriplicifolia
Russian Sage
A.P.
Potentilla Fruiticosa "A"
Abbotswood Potentilla
J.P.
Potentilla Fruiticosa "J"
Jackman Potentilla
P.P.
Pyracantha Coccinea "Pauc."
Pyracantha
A.W.S
Spirea Bumalda "A.W."
Anthony Waterer Spirea
H.C.
Symphoricarpus x. Chen "H"
Hancock Coralberry
M.K.L.
Syringa Patula "Miss Kim"
Miss Kim Lilac
GRASSES
XXXX
Bluegrass Sod Mix
B.A.G.
Hilictotrichon Sempervirens
Blue Avena Grass
#1 Cont.
M.G.
Miscanthis Sinensis
Gracillimus
Maiden Grass
#5 Cont.
P.M.G.
Miscanthis Sin. Grac.
Purple Mainden Grass
#5 Cont.
GROUNDCOVERS
P.
Vinca Minor
Periwinkle
#1 Cont.
NOTES
1) All newly planted areas will be irrigated. Planting beds will have drip and/or
microspray systems. Sod will have spray heads.
2) All planting beds to have 3-4" shredded decar bark mulch.
3) All beds to have soil amendments or planter's mix. All plants to have holes dug
3x the size of the roof ball and backfilled with planter's mix.
4
971016
NOTES (cont)
4) All trees to be double staked.
5) Steel edger to be used between sod and planting bed.
7. No building site nor any part thereof shall at any time be used for any of
the following purposes: jump, riding academy, public incinerator, rodeo, junk yard,
trampoline center, quarries, sewage disposal plants, or gravel pits, and must be per the
C-3 zoning in the Weld County Zoning Ordinance book. Permitted uses shall be those
as defined in the PUD plan recorded and accepted by Weld County.
8. Any owner, tenant or occupant of any building site agrees that the area
between the building lines as herein defined and the street property lines shall be used
only for either open landscaped and green areas or for service access to the building
or to a parking lot. Landscaped areas shall be done attractively with lawn, trees,
shrubs or similar treatment and shall be properly maintained in a sightly and well -kept
condition. All landscaping required hereunder or otherwise to be provided on any
building site shall be completed within sixty (60) days after the completion of
construction of improvements constructed on a building site. However, if weather
conditions do not at such time permit, then such landscaping shall be completed as
soon thereafter as weather conditions permit.
9. Water towers, water tanks, standpipes, penthouses, elevators, or elevator
equipment, stairways, ventilating fans or similar equipment required to operate and
maintain any building, fire or parapet walls, skylights, tanks, cooling or other towers,
wireless radio or televisions masts, flagpoles, chimneys, smoke stacks, gravity flow
storage and mixing towers or similar structures may exceed a height of forty-five (45)
feet from the established building grade, only with the prior written approval of the
Architectural Review Committee.
10. Any owner, tenant, or occupant of any building site shall submit to the
5
971016
Architectural Review Committee or its designee, all plans for signs to be erected,
substituted, changes or modified on the Premises, including details of design,
materials, location, size, heights, color and lighting. No sign shall be erected,
substituted, changed or modified on the Premises without the prior written approval of
plans and specifications therefore given by the Declarant, or its designee. Sign shall
also meet Weld County requirements.
11. The Property Owners Association hereby retains such rights -of -way and
easements as may be necessary or convenient for the purpose access as well as of
erecting, construction, maintaining, repairing and operating utility services over, across,
under and through each building site in the designated setback areas between the
building lines and the property lines, including, but not limited to the following: Public
utility wires and conduits for lighting, power and telephone, gas line, sanitary sewer,
storm sewer and water, and the Declarant shall have the right to grant rights -of -way
and/or easements to others to carry out this purpose. Any contract for the laying of
such lines, wire, conduits, pipes or sewers shall also provide that the Premises shall be
reasonably restored to the same condition they were in prior to the doing of such work.
The Property Owners Association shall have the right to assess individual property
owners for maintenance, repair and snow removal of the private access roads within
Flatiron PUD II, prorated based upon the land area containing improvements serviced
by the access road.
12. Storage yards on any building site for equipment, raw materials, semi-
finished or finished products shall be allowed only with the prior written approval of the
Declarant, or its designee. Declarant reserves the right to require fencing, shrubs,
hedges, or other foliage as to effectively screen the view of such storage areas as
deemed necessary in keeping the Premises in a neat and sightly condition. Storage
Yards shall be as defined in the PUD plan recorded and accepted by Weld County.
13. Each owner, tenant, or occupant of any building site shall keep said
building site and the buildings, improvements, landscaped areas and appurtenances
thereon in a safe, clean, maintained, neat, wholesome condition, and shall comply in all
6
971016
respects with all governmental statues, ordinances, regulations, health, and police and
fire requirements. Each such owner, tenant or occupant shall remove, at its own
expense, any rubbish or trash of any character which may accumulate on its building
site, and shall keep un-landscaped areas maintained and free from weeds and other
unsightly plant growth, rubbish and debris. Rubbish, trash, garbage and other waste
shall be kept only in sanitary containers. All equipment for the storage or disposal of
such materials shall be kept in a clean and sanitary condition. Rubbish and trash shall
not be disposed of on the Premises by burning in open fires. In the event any owner,
tenant, or occupant of any building site fails to keep landscaped or un-landscaped
areas maintained as provided for herein, then in such event Declarant, or this
designee, may within fifteen (15) days after written notice of such failure to owner,
tenant, or occupant, cause such area to be maintained in accordance herewith for the
account and at the expense of such owner, tenant, or occupant of said building site.
14. No fence, wall, hedge or shrub, plant or tree which obstructs site lines at
elevations between three (3) and six (6) feet above the roadway shall be placed or
permitted to remain on any corner of any building site within the triangular area formed
by street property lines and a line connecting them at points twenty-five (25) feet from
the intersection of the street line.
15. Each of the foregoing covenants, conditions and restrictions shall run with
the land, and a breach of any one of them and continuance thereof, may at the option
of the Declarant, its successors or assigns, be enjoined, abated or remedied by
appropriate proceedings, in addition to any other remedy at law in or in equity. It is
understood, however, that the breach of any of the foregoing covenants, conditions and
restrictions shall not defeat or render invalid the lien of any mortgage or deed of trust
on the premises made in good faith and for value; provided however, (i) that any
breach or continuance thereof may be enjoined, abated or remedied by the proper
proceedings as aforesaid; and (H) that each and all of the foregoing covenants,
conditions and restrictions shall at all times remain in full force and effect against said
premises or any part thereof, not withstanding any foreclosure of any such mortgage or
7
971018
deed of trust. No assent, expressed or implied, to any breach of any one or more of the
within covenants or agreement hereof shall be deemed to be taken to be waived of any
succeeding or other breach.
16. If any provisions of these covenants are held invalid as a matter of law,
such invalidity shall not affect the other provisions of these covenants, all of which shall
remain in full force and effect as herein set forth.
17. These protective covenants and amendments thereto shall remain in full
force, however, by written recorded instrument, the Declarant may amend these
protective covenants at any time.
18. Site security and facility protection will be provided through private
security arranged and compensated by the property owners association or by individual
property owners. The Weld County Sheriff will respond to provide service only as
required to investigate a crime. Random area patrol, general area and facility security
are not the responsibility of the Weld County Sheriff according to the Colorado Revised
Statutes.
19. The Architectural Review Committee shall consist of two (2) members and
be comprised of a representative of Flatiron Structures Company LLC and a member of
Flatiron Park Company.
8
971016
IN WITNESS WHEREOF, the Declarant has caused these covenants to be
executed the day and year first above written.
FLATIRON STRUCTURES COMPANY LLC
A Colorado Limited Liability Company
State of
County of
The foregoing instrument was acknowledged before me this day of
19
Witness my hand and official seal.
My commission expires
NOTARY PUBLIC
\fspud2
9
971016
Wohlleo
IMPROVEMENTS AGREEMENT ACCORDING
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
(PRIVATE ROAD MAINTENANCE)
9LI? ?„ nI IL.iia °.` L... 11dfr.
rt t:,
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 Flatiron Structures Company LLC)
hereinafter called "Applicant". A Colorado Limited Liability Company Owner
WITNESSETH:
WHEREAS, Applicant is the owner of or has a controlling interest in the following
described property in the County of Weld, Colorado:
WHEREAS, a final subdivision/PUD plat of said property,to be known as
to
FLATIRON PUD II has
bethe County for approval; and
WHEREAS, of the Weld County Subdivision Regulations provides that
no final plat shall be approved by the County until the Applicant has submitted
a Subdivision Improvement Agreement guaranteeing the construction of the public
improvements shown on plans, plats and supporting documents of the subdivision,
which improvements, along with a time schedule for completion, are listed in
Exhibits "A" and "B" of this Agreement.
NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the acceptance and
approval of said final plat, the parties hereto promise, covenant and agree as
follows:
1.0 Ensineerinz 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.
971016
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.
971018
3.5 Said subdivision improvements shall be completed, according to the
terms of this Agreement, within the construction schedule appearing
in Exhibit "B". The Board of County Commissioners, at its option,
may grant an extension of the time of completion shown on Exhibit
"B" upon application by the Applicant subject to the terms of
Section 6 herein.
4.0 Release of Liability: Applicant shall indemnify and hold harmless the
County from any and all liability loss and damage county may suffer as a
result of all suits, actions or claims of every nature and description
caused by, arising from, or on account of said design and construction of
improvements, and pay any and all judgments rendered against the County on
account of any such suit, action or claim, together with all reasonable
expenses and attorney fees incurred by County in defending such suit,
action or claim whether the liability, loss or damage is caused by, or
arises out of the negligence of county or its officers, agents, employees,
or otherwise except for the liability, loss, or damage arising from the
intentional torts or the gross negligence of the county or its employees
while acting within the scope of their employment. All contractors and
other employees engaged in construction of the improvements shall maintain
adequate workman's compensation insurance and public liability insurance
coverage, and shall operate in strict accordance with the laws and
regulations of the State of Colorado governing occupational safety and
health.
(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
971016
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 approval, the applicant shall
indicated which of the five types of collateral he prefers to be
utilized to secure the improvements subject to final approval by the
Board of County Commissioners and the execution of this Agreement.
Acceptable collateral shall be submitted and the plat recorded
within six (6) months of the Final Plat approval. If acceptable
collateral has not been submitted within six (6) months then the
Final Plat approval and all preliminary approvals shall
automatically expire. An applicant may request that the County
extend the Final Plat approval provided the cost estimates are
updated and the development plans are revised to comply with all
current County standards, policies and regulations. The
improvements shall be completed within one (1) year after the Final
Plat approval (not one year after acceptable collateral is
submitted) unless the applicant(s) requests that this Agreement be
renewed at least thirty (30) days prior to its expiration and
further provides that cost estimates for the remaining improvements
are updated and collateral is provided in the amount of 100% of the
value of the improvements remaining to be completed. If
improvements are not completed and the agreement not renewed within
these time frames, the County, at its discretion, may make demand on
all or a portion of the collateral and take steps to see that the
improvements are made.
7.2 The applicant may choose to provide for a phased development by
means of designating filings of a Planned Unit Development Plan or
Final Plat Subdivision. The applicant would need only to provide
collateral for the improvements in each filing as approved. The
County will place restrictions on those portions of the property
that are not covered by collateral which will prohibit the
conveyance of the property or the issuance of building permits until
collateral is provided or until improvements are in place and
approved pursuant to the requirements for a Request for Release of
Collateral.
7.3 The applicant intends to develop in accordance with Exhibits "A" and
"B".
971016
8.0 Improvements Guarantee: The five types of collateral listed below are
acceptable to Weld County subject to final approval by the Board of County
Commissioners.
8.1 An irrevocable Letter of Credit from a Federal or State licensed
financial institution on a form approved by Weld County. The letter
of credit shall state at least the following:
The Letter of Credit shall be in an amount equivalent of 100%
of the total value of the improvements as set forth in Section
6.0 and exhibits "A" and "B".
The Letter of Credit shall provide for payment upon demand to
Weld County if the developer has not performed the obligations
specified in the Improvements Agreement and the issuer has
been notified of such default.
The applicant may draw from the Letter of Credit in accordance
with the provisions of this policy.
The issuer of the Letter of Credit shall guarantee that at all
times the unreleased portion of the Letter of Credit shall be
equal to a minimum of 100% of the estimated costs of
completing the uncompleted portions of the required
improvements, based on inspections of the development by the
issuer. In no case shall disbursement for a general
improvement item exceed the cost estimate in the Improvements
Agreement (i.e., streets, sewers, water mains and landscaping,
etc.). The issuer of the Letter of Credit will sign the
Improvements Agreement acknowledging the agreement and its
cost estimates.
The Letter of Credit shall specify that 15% of the total
Letter of Credit amount cannot be drawn upon and will remain
available to Weld County until released by Weld County.
The Letter of Credit shall specify that the date of proposed
expiration of the Letter of Credit shall be either the date of
release by Weld county of the final 15%, or one year from the
date of Final Plat approval, whichever occurs first. Said
letter shall stipulate that, in any event, the Letter of
Credit shall remain in full force and effect until after the
Board has received sixty (60) days written notice from the
issuer of the Letter of Credit of the pending expiration.
Said notice shall be sent by certified mail to the Clerk to
the Board of County Commissioners.
8.2 Trust Deed upon all or some of the proposed development or other
property acceptable to the Board of County Commissioners provided
that the following are submitted:
971016
In the event property within the proposed development is used
as collateral, an appraisal is required of the property in the
proposed development by a disinterested M.A.I. member of the
American Institute of Real Estate Appraisers indicating that
the value of the property encumbered in its current degree of
development is sufficient to cover 100% of the cost of the
improvements as set forth in the Improvements Agreement plus
all costs of sale of the property.
In the event property other than the property to be developed
has been accepted as collateral by Weld County, then an
appraisal is required of the property by a M.A.I. member of
the Institute of Real Estate Appraisers indicating that the
value of the property encumbered in its current state of
development is sufficient to cover 100% of the cost of the
improvements as set forth in the Improvements Agreement plus
all costs of sale of the property.
A title insurance policy insuring that the Trust Deed creates
a valid encumbrance which is senior to all other liens and
encumbrances.
A building permit hold shall be placed on the encumbered
property.
8.3 Escrow Agreement that provides at least the following:
The cash in escrow is at least equal to 100% of the amount
specified in the Improvements Agreement.
The escrow agent guarantees that the escrowed funds will be
used for improvements as specified in the agreement and for no
other purpose and will not release any portion of such funds
without prior approval of the Board.
The escrow agent will be a Federal or State licensed bank or
financial institution.
If the County of Weld County determines there is a default of
the Improvements Agreement, the escrow agent, upon request by
the County, shall release any remaining escrowed funds to the
County.
8.4 A surety bond given by a corporate surety authorized to do business
in the State of Colorado in an amount equivalent to 100% of the
value of the improvements as specified in the Improvements
Agreement.
8.5 A cash deposit made with the County equivalent to 100% of the value
of the improvements.
971016
9.0 Request for Release of Collateral: Prior to release of collateral for the
entire project or for a portion of the project by Weld County, the
Applicant must present a Statement of Substantial Compliance from an
Engineer registered in Colorado that the project or a portion of the
project has been completed in substantial compliance with approved plans
and specifications documenting the following:
9.1 The Engineer or his representative has made regular on -site
inspections during the course of construction and the construction
plans utilized are the same as those approved by Weld County.
9.2 Test results must be submitted for all phases of this project as per
Colorado Department of Highway Schedule for minimum materials
sampling, testing and inspections found in CDOH Materials Manual.
9.3 "As built" plans shall be submitted at the time the letter
requesting release of collateral is submitted. The Engineer shall
certify that the project "as built" is in substantial compliance
with the plans and specifications as approved or that any material
deviations have received prior approval from the County Engineer.
9.4 The Statements of Substantial Compliance must be accompanied, if
appropriate, by a letter of acceptance of maintenance and
responsibility by the appropriate utility company, special district
or town for any utilities.
9.5 A letter must be submitted from the appropriate Fire Authority
indicating the fire hydrants are in place in accordance with the
approved plans. The letter shall indicate if the fire hydrants are
operational and state the results of fire flow tests.
9.6 The requirements in 9.0 through 9.5 shall be noted on the final
construction plans.
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 10% of the value of the
improvements as shown in this Agreement excluding improvements fully
accepted for maintenance by the responsible governmental entity,
special district or utility company.
9.9 The warranty collateral shall be released to the applicant upon
final approval by the Board of County Commissioners.
971018
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.
971016
IMPROVEMENT AGREEMENT
PRIVATELY MAINTAINED ROADS
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
Weld County Clerk to the Board
BY:
Deputy Clerk to the Board
APPROVED AS TO FORM:
County Attorne
APPLICANT -
BY: G
Subscribed and sworn to before me this 4-471 day of
My Commission expires:
- -1
aprivate.db
haw, Vice -President
Notary Public
971018
EXHIBIT "A"
23.370
Name of Subdivision:
Filing:
Location: Weld County, Colorado
FLATIRON POD TT
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)
Improvements
Street grading
Street base
Street paving
Curbs, gutters. & culverts
Sidewalk
Storm sewer facilities
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 & storage
Water mains -Includes Bore
Fire hydrants
Survey & street monuments & boxes
Street lighting
Street name signs
Fencing requirements 4,766
Landscaping see attached breakdown
Park improvements
Road Culvert
Grass Lined Swale 850 LS 850
Telephone
Gas
Electric
Water Transfer
Estimated
Unit Cost Construction Cost
11.20 SF 10,204
500 LS 500
7.000
SUB -TOTAL
Engineering and Supervision Costs 3790
(testing, inspection, as -built plans and work in addition to preliminary and,
final plat; supervision of actual construction by contractors)
971018
TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $
29,008.00
The above improvements shall be constructed in accordance with all County
requirements and specifications, and conformance with this provision shall be
determined solely by Weld County, or its duly authorized agent.
Said improvements shall be completed according to the construction schedule set
out in Exhibit "B".
(In corporation, to be signed by President and attested to by Secretary, together
with corporate seal.)
Date: , 19
971016
EXHIBIT "B"
Name of Subdivision: FLATTRON mm Ti
Filing:
Location: Weld County, Colorado
Intending to be legally bound, the undersigned Applicant hereby agrees to
construct the improvements shown on the final subdivision plat of
Subdivision, dated
, 19 , Recorded on 19 , in
Book , Page No. , Reception No. , the following
schedule.
All improvements shall be completed within years from the date of
approval of the final plat.
Construction of the improvements listed in Exhibit "A" shall be completed as
follows:
(Leave spaces blank where they do not apply.)
Improvements Time for Completion
Upon issuing of the first building permit
Site grading
Street base
Street paving
Curbs, gutters. and culverts
Sidewalk
Storm sewer facilities
Retention ponds
Ditch improvements
Subsurface drainage
Sanitary sewers
Trunk and forced lines
Mains
Laterals (house connected)
On -site sewage facilities
On -site water supply and storage
Water mains
Fire hydrants
Survey & street monuments & boxes
Street lighting
Street name signs
Fencing requirements
Landscaping
Park improvements
Telephone
Gas
Electric
Water Transfer
Sub -Total
The County, at its option, and upon the request by the Applicant, may grant an
extension of time for completion for any particular improvements shown above,
upon a showing by the Applicant that the above schedule cannot be met.
(If corporation, to be signed by President and attested to by Secretary, together
with corporate seal.)
Date: , 19
971016
QUINLAN CONSTRUCTION INC.
5540 CENTRAL AVENUE, SUITE 100
BOULDER, COLORADO 80301
(303) 442-0202 FAX (303) 442-0360
FLATIRON ESTIMATE - Improvements Agreement
PHASE DESCRIPTION UNIT QUANTITY
Street Grading
Street Base
Street Paving
Curbs
Gutters
Culverts
Site Concrete
Storm Sewer Facilities
Retention Pond
Ditch Improvements
Subsurface Drainage
Sanitary Sewers
Trunk & Forced Lines
Mains
Laterals (house connected)
On -site Sewage Facilities
On -site Water Supply/Storage
Water Mains (including bores)
Fire Hydrants
Survey/Street Monumnt/Boxes
Street Lighting
Street Name Signs
Fencing Requirements
Landscaping
Park Improvements
Road Culvert
Grass Lined Swale
Telephone
Gas
Electric
Water Transfer
SUBTOTAL - direct
General Conditions
Builders Risk
Design/Drawings
Soils
Bldg Permit/Use Taxes/Plan Ck
SUBTOTAL - Indirect
SUBTOTAL - direct/indirect
Contractor Fee
TOTAL
SY
LS
LS
LS
LS
LS
LS
LS
LS
LS
Estimator: Jana Chameroy
Date: January 16, 1996
Revised: February 26, 1997
Job #: 97-338
UNIT
PRICE
TOTAL
PRICE
inc 0.00
inc 0.00
911 11.20 10,203.20
0 0.00
0 0.00
0 0.00
0 0.00
0 0.00
0 0.00
1 500.00 500.00
0 0.00
1 7,000.00 7,000.00
0 0.00
0 0.00
0 0.00
0 0.00
0 0.00
0 0.00
0 0.00
0 0.00
0 0.00
0 0.00
0 0.00
1 4,766.00 4,766.00
0 0.00
0 0.00
1 850.00 850.00
0 0.00
0 0.00
0 0.00
0 0.00
1
1
0
0
2,740.00
50.00
1,000.00
23,319.20
2,740.00
50.00
1,000.00
0.00
0.00
0.00
3,790.00
27,109.20
1,898.00
$29,007.20
REMARKS
I presently to grade
full depth asphalt
none required
none required
none required
none required
in place
in place
in place
St. Vrain Sanitation
none required
none required
none required
none required
none required
none required
none required
none required
in place
none required
in place
in place
in place
in place
' in place
in place
in place
971016
FLATIRON PUD
Part of Improvements Agreement According
Policy Regarding Collateral for Improvements
(Private Road Maintenance)
TREES
SIZE
QUANTITY
UNIT
PRICE
TOTAL
PRICE
Autumn Blaze Maple
3"
Two (2)
675.00
1,350.00
Austrian Pine
8'-0"
One (1)
500.00
500.00
Washington Hawthorn
2-1/2"
Two (2)
537.50
1,075.00
Spring Snow Crabapple
2-1/2"
Two (2)
525.00
1,050.00
Rabbitbush
Russian Sage
Potentilla's
#5
Five (5)
41.50
208.00
Junipers
#5
Five (5)
45.00
225.00
20 to 25 lb Dryland/acre:
45% Cover Sheep Fescue
30% Reubens Canada Bluegrass
25% Ephraim Crested Wheatgrass
5,500 SF
1 LS
358.00
TOTAL LANDSCAPING
4,766.00
February 26, 1997
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971016
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971016
STATE OF COLO" 10
S. S.
COUNTY OF WELD
-X 24, L i , 4f 1 f 'Z/ �! «►
CERTIFIC_ OF TAXES DUE I - tor41'
RECEIVED MAY 02 1995
IN NO.
ARCED
AME
ENDOR
o.
I, the undersigned, County Treasurer in and for said County, do hereby certify that there are no unpaid taxes, or unredeemed tax sales, as
appears of record in the office, on the following described property, to -wit:
0174809
6213:131:1000067 F�
FLATIRON STRUCTURES COMF'A
QUINLAhN CONSTRUCTION
M/292
XCEPT -
:1994 TAXES $0.958.16
TAX AUTHORITY LEVY
WELD COUNTY
NCW WATER
*IOI.)NTAIN VIEW F
E T VRAIN SARI
WELD LIBRARY
22.038
1.000
7.817
34.990
1.500
25118-B ET SW4 :I.1. 2 68 DEG WI COR OF SEC THENCE
13891)33'E 1303.95' S0121 ' W 34.42' N891)33'W (4 364.5'3'
301)29'W 6.67' CONT 6051)46'W 6:L8.54' TO TRUE F'O
THENCE 1305046'W 1525.35' N861)43'W W 660.62' NO51)� 46 ' I:::
1492.44' S891)33'E E 662.88' TO TRUE POD EXC CONN ON
R/W LINE OF I--25 WHICH PT BEARS 889033'E 279.5
:•FiON W4 COR C)F SEC THENCE 13891)33'E 1024.45'
30D21'W W 34.42' 1'1891)33'W 364.53' 60D29'(4 6.87'
9051)46'W 6:18.54 ' TO TRUE POD 605046'W 1129.35'
186D43'W W 660.62' TO E R/W LINE OF 1-25 NO146 ' E
1096.44' 6691)33' E 662.88' TO BEG LOT --2 REC EXEMPT
'.E-120'1
TOTAL AMOUNT DUE FOR THIS PARCEL IS $0.00
TAX
862.79
39.1.'5
306.04
1369.66
58.73
TAX AUTHORITY LEVY
SCHOOL DIST RE1 50.45;
CWC WATER
M'T'N VIEW FIRE(B 1.607
CARBON VAL REC 7.041
TAX
1975.19
70.74
215.66
This does not Include land or Improvements assessed separately unless specifically requested. Information regarding special taxing
districts and the boundaries of such districts may be on file or deposit with the Board of County Commissioners, the County Clerk and
Recorder, or the County Assessor.
x.9'24 TAXES PAID 1I>4.,9%:'.:L6*
ARTI-WL'. WI LL?S i
SUREELD COUNTY
971016
QbL O:RADO: DEPARTMEN i OF TRANSPORTATION
STATEHIGHWAY ACCESS PERMIT
HMW'II: Miles'Sanford (between 8-8:30 a.m./4-4:30 p.m.)
#(303):535-4757
SH No/MP/Side:
Local Jurisdiction:
Dist/Section/Patrol:
DOT Permit No.:
Permit Fee:
Date of transmittal:
I25EFR239.298
Weld
4/1/15
494125
$100.00
10/11/94
I
PERMITTEE;
Flatiron Structures
10090E. 1-25
Longmont, CO 80504
CONTACT: Gary Shaw
#(303) 442-0202
COPY IN
is hereby granted permission to construct and use an access to the state highway at the location noted below.
The access shall be constructed, maintained and used in accordance with the terms and conditions of this permit,
including the State Highway;Access Code and listed attachments. This permit may be revoked by the issuing
authority if at any time the permitted access and its use violate any of the terms and conditions of this permit. The use
of advance warning and construction signs, flashers, barricades and flaggers are required at all times during access
construction within State right-of-way In conformance with the MANUAL ON UNIFORM TRAFFIC CONTROL
DEVICES, Part VI. The issuing authority, the Department and their duly appointed agents and employees shall be held
harmless against any action for personal injury or property damage sustained by reason of the exercise of the permit.
LOCATION:
Access is to be located on State Highway I25 EFR, a distance of 1,573 feet north from Mile
Post 239 on the east/right side.
ACCESS TO PROVIDE SERVICE TO:
Shared access for construction company office building (Flatiron Structures) 13,880 sq. ft:
n 6 acres and 17 acres undeveloped agricultural property, including existing gas well
OTHER TERMS AND CONDITIONS:
1. This permit is only for the use and purpose stated in the Application and Permit. A
change in use of the property which results in a change in the type of driveway
operation may require reconstruction, relocation, or conformance of the driveway to t!
,State Highway Access Code.
2.. Reconstruction or improvements to the access may be required when the permittee has
failed to meet required specifications of design or materials. If any construction
element fails due to improper construction or material specifications, the permittee
responsible for all repairs.
3. See Exhibit: "C" - Property/Vicinity Map
"D" - Access Easement (Lots 1 and 2 sharing access)
4. Development of
Frontage Road, or
the State Highway
Lot 1 could require the addition of auxiliary lanes along. the East
any/all improvements necessary to bring access into conformance wit!
Access Code.
**SEE DESIGN ATTACHMENT "EXHIBIT A"**
MUNICIPALITY OR COUNTY APPROVAL
Required only when the appropriate local authority retains issuing authority.
By (X) Date Title
Upon the signing of this permit the permittee agrees to the terms and conditions and referenced attachments contained
herein. All construction shall be completed in an expeditious and safe manner and shall be finished within 45 days from
initiation. The permitted access shall be completed In accordance with the terms and conditions of the permit prior to
being used. The permittee sha!! notify Max Fanning - _
with the Colorado Department of Transportation In Boulder
at least 48 hours prior to commencing constru lion within the State H/ig'hway right-of-way.
The person signing as the FA path a Q repreSCnli Hve of the property served by the permitted
access and have full aut i o accept t .- it and : it's - s and conditions.
PBrMatee (X) .J.4,2,
Renm.ttn' (X) LOT 2
I
This permit Is not valid un`ili 5lgnt tiy a dd y authorize representative of the Department.
oePAntMeNf(PttA T or "Ndrowrtcri :JN Il°TA O or OOLaMAQO
at (303) 442-4382
By(
Date Ielttl°t4- Title 0t Cevelgirn t/Access Coolcivzntar
(DDD�allttte of Issue) •
COPY DISTRIBUTION: Required;
1, District (Orl®Inal)
7. Anl+lieenl
Make copies as necessary tort,
local Authority Inspector
MTC® metro) Trellle Fnelnsel
Previous Editions era Obsolete_and win not be i
COOT Form t
The following paragraph are pertinent hlynlights of the State Highway Access Code. These are provided for your convenience f
but do not alleviate compliance with all sections of the Access Code. A copy of the State Highway Access Code Is available
from your local issuing authority (local government) or the Colorado Department of Transportation (Department). When this
permit was Issued, the Issuing authority made Its decision based In part on information submitted by the applicant, on the
access category which is assigned to the highway, what alternative access to other public roads appd streets Is available, and
safety,eind design standards. Changes in use or design not approved by the permit or the issuing iuthority may cause the at
:vocation or suspension of the permit.
Appeals
1. Should the permittee or applicant chose to object to any of the terms or conditions of the permit placed therein by the
Department, an appeal must be filed with the Colorado Transportation Commission within 60 days of transmittal of
the permit for permittee signature. The request for the hearing shall be filed In writing and submitted to the Colorado
Transportation Commission, 4201 East Arkansas Avenue, Denver, Colorado 80222. The request shall Include reasons
for the appeal and may include recommendations by the permlttee or applicant that would be acceptable to him.
2. The Department may consider any objections and requested revisions at the request of the applicant or permittee. If
agreement Is reached, the Department, with the approval of the local issuing authority (if applicable), may revise the permit
accordingly, or issue a new permit, or require the applicant to submit a new application for reconsideration. Changes In the
original application, proposed design or access use will normally require submittal of a new application.
Regardless of any communications, meetings, or negotiationswiththe Department regarding revisions and objections to
the permit, if the permittee or applicant wishes to appeal the Department's decision to the Commission, the appeal must be
brought to the Commission within 60 days of transmittal of the permit.
4. Any appeal by the applicant or permittee of action by the local issuing authority when It is the appropriate local authority
(under subsection 2.4), shall be filed with the local authority and be consistent with the appeal procedures of the local
authority.
5. If the final action is not further appealed, the Department or local authority may record the decision with the County Clerk
and Recorder.
II Construction standards and requirements
1. The access must be under construction within one year of the permit date. However, under certain conditions a one year
time extension may be granted if requested in writing prior to permit expiration.
2. The applicant shall notify the office specified on the permit at least 48 hours prior to construction. A copy of the permit shall
be available for review at the construction site. Inspections will be made during construction.
3. The access construction within highway right-of-way must be completed within 45 days.
4. It is the responsibility of the permittee to complete the construction of the access according to the terms and conditions of
the permit. If the permittee wishes to use the access prior to completion, arrangements must be approved by the issuing
authority and Department and included on the permit. The Department or issuing authority may order a halt to any'
unauthorized use of the access. Reconstruction or improvements to the access may be required when the permittee has
failed to meet required specifications of design or materials. If any construction element falls within two years due to
improper construction or material specifications, the permittee is responsible for all repairs.
5. In the event it becomes necessary to remove ahy right-of-way fence, the posts on either side of the access shall be securely
braced with an approved end post before the fence is cut to prevent any slacking of the remaining fence, All posts and wire
removed are Department property and shall be turned over to a representative of the Department.
6. A copy of the permit shall be available for review at the construction site. If necessary, minor changes and additions shall be
ordered by the Department or local authority field inspector to meet unanticipated site conditions.
7. The access shall be constructed and maintained In a manner that shall not cause water to enter onto the roadway, and shall
not interfere with the drainage system in the right-of-way.•
8. Where necessary to remove, relocate, or repair a traffic control device or public or private utilities for the construction of a
permitted access, the work shall be accomplished by the permlttee without cost to the Department or issuing authority, and
at the direction of the Department or utility company. Any damage to the state highway or other public right-of-way beyond
that which is allowed in the permit shall be repaired immediately.
9. Adequate advance warning is required at all times during access construction, in conformance with the Manual on Uniform,
Traffic Control Devices forStreets and Highways. This may includethe-use of signs, flashers, barricades and flaggers. This
is also required by section 42-4-501,C.R.S. as amended. The issuing authority, the Department and their duly appointed
agents and employees shall be held harmless against any action for personal injury or property damage sustained by
reason of the exercise of the permit.
III Changes in use and violations
1. If there are changes in the use of the access, the access permit -issuing authority must be notified of the change. A change in
property use which makes the existing access design or use in non-conformance with the Access Code or the terms and
conditions of the permit. may require the reconstruction or relocation of the access. Examples of changes in access use are;
an increase in vehicular volume by 20 percent, or an increase by 20 percent of a directional characteristic such as a left turn.
The issuing authority will review the original permit; It may decide It is adequate or request that you apply for a new permit.
2. All terms and conditions of the permit are binding upon all assigns,. successors -in -Interest and heirs.
3. When a permitted driveway is constructed or used In violation of the Access Code, the local government or Department may
obtain a court order to halt the violation. Such access permits may be revoked by the issuing authority.
Further Information
1. When the permit holder wishes to make improvements to an existing legal access, he shall make his request by filing a
completed permit application form with the issuing authority,The issuing authority may take action only on the request tor
improvement. Denial does not revoke the existing access,.•
2. The permittee, his heirs, successors -in -interest, and assigns, of the property serviced by the access shall be responsible for
meeting the terms and conditions of the permit and the removal or clearance of snow or ice upon the access even though
deposited on the access In the course of Department snow removal operations. The Department shall maintain In
unincorporated areas the highway drainage system, including those culverts under the access which are part of that system
within the right-of-way.
3. The issue date of the permit is the date the Department representative signs the permit which Is after the permlttee has
returned the permit signed and paid any required fees.
4. The Department may, when necessary for the improved safety and operation of the roadway, rebuild, modify, remove, or
redesign the highway including any auxiliary lane.
5. Any driveway, whether constructed before, on, or after June 30, 1979, may be required by the Department, with written
concurrence of the appropriate local authority, to be reconstructed or relocated to conform to the Access Code, either at
the property owner's expense if the reconstruction or relocation is necessitated by a change In the use of the property
wnleh results In a change in the type of driveway operation; or at the expense of the Department if the reconstruction or
V
EXHIBIT A
. Driveway shall be constructed 27 feet wide with 40 foot radii., as per Exhibit "B".
as
2. The access approach shall be surfaced immediately upon completion of earthwork
construction and prior to use of access.
3. Surfacing shall consist of 6 1/2" HBP Grading C or CX or 5" HBP Grading C or CX ove
6" ABC Class 5 or 6 and shall extend to the right-of-way, as per Exhibit "B".
4. The access shall be constructed and maintained in a manner that shall not cause
water to enter onto the roadway, and shall not interfere with the drainage system
the right-of-way. Drainage to the State Highway right-of-way shall not exceed the
historical rate of flow.
5. The first 20 feet beyond the closest highway lane, including speed change lanes,
shall slope down and away from the highway at a 2% grade to ensure proper drainage
control of the access.
6. The horizontal axis of the access shall be at a right angle to the centerline of tk
highway and extend a minimum of 40 feet beyond the outside edge of the nearest lanc
7. An access that has a gate across it shall be designed so that the longest vehicle
using it can completely clear the travelled way when the gate is closed.
8. The side slopes of the access approach shall be 6:1 or flatter.
9. An adequate length of 18" CMP shall be provided. Extension may be required to
provide 6:1 side slopes.
10. If frost is present in the sub -grade, no surfacing material shall be placed until
all frost is gone or removed.
11. Permittee is responsible for any utilities disrupted by the construction of this
access and all expenses incurred for their repair.
12. Survey markers present must be preserved in their original positions. Notify (303)
350-2173 immediately upon discovery of any such markers at the site of the access.
13. Access approaches which require a break in the right-of-way fence shall not allow
livestock to enter the highway right-of-way.
14. Cattle guard shall not be permitted in the state highway right-of-way.
15. A COMPLETE COPY OF THIS PERMIT MUST BE ON THE JOB WITH THE CONTRACTOR AT ALL TIMES
DURING CONSTRUCTION. If necessary, minor changes and additions may be ordered by
the Department or local authority field inspector to meet unanticipated site
conditions.
'L`6 .1 .1
OWNER'S POLICY OF TITLE INSURANCE
ISSUED BY
TRANSAMERICA
1 I 1 LE INSURANCE COMPANY
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE
CONDITIONS AND STIPULATIONS, TRANSAMERICA TITLE INSURANCE COMPANY, a California corporation, herein called the Compa-
ny, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained
or incurred by the insured by reason of:
I. Title to the estate or interest described in Schedule A being vested other than as stated therein;
2. Any defect in or lien or encumbrance on the title;
3. Unmarketability of the title;
4. Lack of a right of access to and from the land.
The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided
in the Conditions and Stipulations.
IN WITNESS WHEREOF, TRANSAMERICA TITLE INSURANCE COMPANY has caused its corporate name and seal to be hereunto affixed by
its duly authorized officers, the Policy to become valid when countersigned by an authorized officer or agent of the Company.
TRANSAMERICA TITLE INSURANCE COMPANY
Authorized Countersignature
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys'
fees or expenses which arise by reason of:
I. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations)
restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of
any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or
any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or
governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting
from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a
defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date
of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding
from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without
knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed
in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured
by this policy.
American Land Title Association Owner's Policy (10-21-87)
Face Page
Form 114141
ORIGINAL
Valid Only If Schedule A, B and Cover Are Attached971016
1. DEFINITION OF TERMS.
The following terms when used in this policy mean:
(a) "insured": the insured named in Schedule A, and, subject to any
rights or defenses the Company would have had against the named insured,
those who succeed to the interest of the named insured by operation of law
as distinguished from purchase including. but not limited to, heirs,
'istrihutees, devisees, survivors, personal representatives, next of kin, or
.orporate or fiduciary successors.
(b) "insured claimant": an insured claiming loss or damage.
(c) "knowledge" or "known": actual knowledge- not constructive
knowledge or notice which may be imputed to an insured by reason of the
public records as defined in this policy or any other records which impart
constructive notice of matters affecting the land.
(d) "land": the land described or referred to in Schedule A, and
improvements affixed thereto which by law constitute real property. The
term "land" does not include any property beyond the lines of the area
described or referred to in Schedule A, nor any tight , title, interest, estate
or easement in abutting streets, roads, avenues, alleys, lanes, ways or
waterways, but nothing herein shall modify or limit the extent to which a
right of access to and from the land is insured by this policy.
(e) "mortgage": mortgage, deed of trust, trust deed, or other security
instrument.
(f) "public records": records established under state statutes at Date of
Policy for the purpose of imparting constructive notice of matters relating
to real property to purchasers for value and without knowledge. With
respect to Section 1(a) (iv) of the Exclusions From Coverage, "public
records" shall also include environmental protection liens filed in the
records of the clerk of the United States district court for the district in
which the land is located.
(g) "unmarketability of the title": an alleged or apparent matter affecting
the title to the land, not excluded or excepted from coverage, which would
entitle a purchaser of the estate or interest described in Schedule A to be
released from the obligation to purchase by virtue of a contractual
condition requiring the delivery of marketable title.
2. CONTINUATION OF INSURANCE AFTER CONVEYANCE
OF TITLE.
The coverage of this policy shall continue in force as of Date of Policy in
favor of an insured only so long as the insured retains an estate or interest
in the land, or holds an indebtedness secured by a purchase money
mortgage given by a purchaser from the insured, or only so long as the
insured shall have liability by reason of covenants of warranty made by the
isured in any transfer or conveyance of the estate or interest. This policy
shall not continue in force in favor of any purchaser from the insured of
either (i) an estate or interest in the land, or (ii) an indebtedness secured by
a purchase money mortgage given to the insured.
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT.
The insured shall notify the Company promptly in writing (i) in case of
any litigation as set forth in Section 4(a) below, (ii) in cast knowledge shall
come to an insured hereunder of any claim of title or interest which is
adverse to the title to the estate or interest, as insured, and which might
cause loss or damage for which the Company may be liable by virtue of
this policy, or (iii) if title to the estate or interest, as insured, is rejected as
unmarketable. If prompt notice shall not be given to the Company, then as
to the insured all liability of the Company shall terminate with regard to
the matter or matters for which prompt notice is required; provided,
however, that failure to notify the Company shall in no case prejudice the
rights of any insured under this policy unless the Company shall be
prejudiced by the failure and then only to the extent of the prejudice.
4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF
INSURED CLAIMANT TO COOPERATE.
(a) Upon written request by the insured and subject to the options
contained in Section 6 of these Conditions and Stipulations, the Company,
at its own cost and without unreasonable delay, shall provide for the
defense of an insured in litigation in which any third party asserts a claim
adverse to the title or interest as insured, but only as to those stated causes
of action alleging a defect, lien or encumbrance or other matter insured
against by this policy. The Company shall have the right to select counsel
of its choice (subject to the right of the insured to object for reasonable
cause) to represent the insured as to those stated causes of action and shall
not be liable for and will not pay the fees of any other counsel. The
Company will not pay any fees, costs or expenses incurred by the insured
in the defense of those causes of action which allege matters not insured
against by this policy.
(b) The Company shall have the right, at its own cost, to institute and
-rrosecute any action or proceeding or to do any other act which in its
_ tinion may be necessary or desirable to establish the title to the estate or
iterest, as insured, or to prevent or reduce loss or damage to the insured.
The Company may take any appropriate action under the terms of this
policy, whether or not it shall be liable hereunder, and shall not thereby
concede liability or waive any provision of this policy. If the Company
shall exercise its rights under this paragraph, it shall do so diligently.
B 1141-41
(c) Whenever the Co, y shall have brought an action or interposed a
defense as required or , .emitted by the provisions of this policy, the
Company may pursue any litigation to final determination by a court of
competent jurisdiction and expressly reserves the right, in its sole discretion,
to appeal from any adverse judgment or order.
(d) In all cases where this policy permits or requires the Company to
prosecute or provide for the defense of any action or proceeding. the
insured shall secure to the Company the right to so prosecute or provide
defense in the action or proceeding, and all appeals therein, and permit the
Company to use. at its option. the name of the insured for this purpose.
Whenever requested by the Company. the insured, at the Company's
expense, shall give the Company all reasonable aid 0) in any action or
proceeding. securing evidence, obtaining witnesses, prosecuting or
defending the action or proceeding, or effecting settlement, and (ii) in any
other lawful act which in the opinion of the Company may be necessary or
desirable to establish the title to the estate or interest as insured. If the
Company is prejudiced by the failure of the insured to furnish the required
cooperation. the Company's obligations to the insured under the policy
shall terminate, including any liability or obligation to defend, prosecute, or
continue any litigation. with regard to the matter or matters requiring such
cooperation.
5. PROOF OF LOSS OR DAMAGE.
In addition to and after the notices required under Section 3 of these
Conditions and Stipulations have been provided the Company, a proof of
loss or damage signed and sworn to by the insured claimant shall be
furnished to the Company within 90 days after the insured claimant shall
ascertain the facts giving rise to the loss or damage. The proof of loss or
damage shall describe the defect in, or lien or encumbrance on the title, or
other matter insured against by this policy which constitutes the basis of
loss or damage and shall state, to the extent possible, the basis of
calculating the amount of the loss or damage. If the Company is prejudiced
by the failure of the insured claimant to provide the required proof of loss
or damage, the Company's obligations to the insured under the policy shall
terminate, including any liability or obligation to defend, prosecute, or
continue any litigation, with regard to the matter or matters requiring such
proof of loss or damage.
In addition, the insured claimant may reasonably be required to submit
to examination under oath by any authorized representative of the
Company and shall produce for examination, inspection and copying, at
such reasonable times and places as may be designated by any authorized
representative of the Company, all records, books, ledgers, checks,
correspondence and memoranda, whether bearing a date before or after
Date of Policy, which reasonably pertain to the loss or damage. Further, if
requested by any authorized representative of the Company , the insured
claimant shall grant its permission, in writing, for any authorized
representative of the Company to examine , inspect and copy all records,
books, ledgers, checks, correspondence and memoranda in the custody or
control of a third party, which reasonably pertain to the loss or damage.
All information designated as confidential by the insured claimant provided
to the Company pursuant to this Section shall not be disclosed to others
unless, in the reasonable judgement of the Company, it is necessary in the
administration of the claim. Failure of the insured claimant to submit for
examination under oath, produce other reasonably requested information
or grant permission to secure reasonably necessary information from third
parties as required in this paragraph shall terminate any liability of the
Company under this policy as to that claim.
6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS;
TERMINATION OF LIABILITY.
In case of a claim under this policy, the Company shall have the
following options:
(a)To Pay or Tender Payment of the Amount of Insurance.
To pay or tender payment of the amount of insurance under
this policy together with any costs, attorneys' fees and expenses incurred by
the insured claimant, which were authorized by the Company, up to the
time of paymant or tender of payment and which the Company is obliga-
ted to pay.
Upon the exercise by the Company of this option, all liability and
obligations to the insured under this policy, other than to make the
payment required, shall terminate, including any liability or obligation to
defend, prosecute, or continue any litigation, and the policy shall be
surrendered to the Company for cancellation.
(b) To Pay or Otherwise Settle With Parties Other than the Insured or
With the Insured Claimant.
(i) to pay or otherwise settle with other parties for or in the name
of an insured claimant any claim insured against under this policy, together
with any costs, attorneys' fees and expenses incurred by the insured
claimant which were authorized by the Company up to time of payment
and which the Company is obligated to pay: or
(ii) to pay or otherwise settle with the insured claimant the loss or
damage provided for under this policy, together with any costs, attorneys'
fees and expenses incurred by the insured claimant which were authorized
by the Company up to the time of payment and which the Company is
obligated to pay.
Upon the exercise by the Company of either of the options provided for
in paragraphs (b)(i) or (ii), the Company's obligations to the insured under
this policy for the claimed loss or damage, other than the payments
required to be made, shall terminate, including any liability or obligation to
defend, prosecute or continue any litigation.
Conditions and Stipulations Continued Inside Cover
CONTROL NO.
971016
TRANSAMERICA TITLE INSURANCE COMPANY
POLICY OF TITLE INSURANCE
SCHEDULE A
Amount of Insurance: $ 135,000.00 Policy No.: 8031695
Date of Policy: December 31, 1993 at 7:00 A.M.
1. Name of Insured:
Flatiron Structures Company, a Colorado corporation
2. The estate or interest in the land described herein and which is
covered by this policy is: FEE SIMPLE
3. The estate or interest referred to herein is at Date of Policy vested
in:
Flatiron Structures Company, a Colorado corporation
4. The land referred to in this Policy is described as follows:
(SEE ATTACHED PAGE FOR LEGAL DESCRIPTION)
971016
TRANSAMERICA TITLE INSURANCE COMPANY
Policy No.: 8031695
LEGAL DESCRIPTION
Lot 2 of Recorded Exemption No. 1313-11-3-RE1201, recorded September 29,
1989 in Book 1245 as Reception No. 02193215, being a part of the following
described Parcel:
A tract of land situated in the SW1/4 of Section 11, Township 2 North,
Range 68 West of the 6th P.M., County of Weld, State of Colorado, which
considering the North line of the SW1/4 as bearing South 89 degrees 33
minutes 44 seconds East and with all bearings contained herein, relative
thereto, is contained within the boundary lines which
Commences at a point on the Easterly right-of-way line of U. S. Interstate
Highway 25, which bears South 89 degrees 33 minutes 44 seconds East 279.50
feet from the West 1/4 corner of said Section 11 and run thence South 89
degrees 33 minutes 44 seconds East 1024.45 feet along the said North line;
thence South 00 degrees 21 minutes 14 seconds West 34.42 feet;
thence North 89 degrees 33 minutes 44 seconds West 364.53 feet;
thence South 00 degrees 29 minutes 39 seconds West 6.87 feet;
thence South 05 degrees 46 minutes 09 seconds West 618.54 feet to the
Point of Beginning;
thence continuing South 05 degrees 46 minutes 09 seconds West 1525.35
feet;
thence North 86 decrees 43 minutes 06
on said Easterly right-of-way line of
thence North 05 degrees 46 minutes 09
thence leaving said right-of-way line
seconds East 662.88 feet to the point
seconds West 660.62 feet to a point
U. S. Interstate Highway;
seconds East 1492.44 feet;
South 89 degrees 33 minutes 44
of beginning.
Page 2
971016
TRANSAMERICA TITLE INSURANCE COMPANY
Policy No.: 8031695
SCHEDULE B
This Policy does not insure against loss or damage by reason of the
following:
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
theretofore or hereafter furnished, imposed by law and not shown by
the public records.
5. Taxes due and payable; and any tax, special assessments, charge or
lien imposed for water or sewer service, or for any other special
taxing district. The 1991 General taxes paid, according to tax
certificate dated December 2, 1992.
6. Right of way and easement for communication and other facilities,
as granted to The Mountain States Telephone and Telegraph Company
by instrument recorded December 24, 1969 in Book 619 as Reception
No. 1540698, described as follows: A strip of land 16 1/2 feet in
width in that part of the S1/2 of Section 11, Township 2 North,
Range 68 West of the 6th P.M., lying East of and adjacent to the
East Right of Way line of Interstate Highway 25.
7. Oil and gas lease between Horses Unlimited, a Limited Partnership
and Wilbur R. Hurt dated September 3, 1975, recorded September 10,
1975 in Book 747 as Reception No. 1669489, and any interests
therein or rights thereunder.
Note: Extension of the above lease as claimed by Affidavit of
Production, pursuant to CRS 38-42-106, by Paul M.
Mershon, Jr., recorded November 15, 1976 in Book 782 as
Reception No. 1703543 and as corrected on December 23,
1976 in Book 785 as Reception No. 1706870.
Page 3
971016
TRANSAMERICA TITLE INSURANCE COMPANY
SCHEDULE B - continued
Policy No.: 8031695
8. Easement and right of way to erect, construct, install and lay and
thereafter use, operate, inspect, repair, maintain, replace and
remove utility lines, including, but not limited to sanitary sewer,
storm drainage, water and other compatible uses in, over and across
the following -described real property, as granted to Saint Vrain
Sanitation District, a Special District by Rawlins National Bank,
recorded September 25, 1989 in Book 1244 as Reception No. 02192765,
affecting the following described property:
A 20.00 foot wide permanent easement located in the W1/2 of the
SW1/4 of Section 11, Township 2 North, of Range 68 West of the 6th
P.M., Weld County, Colorado, said easement being adjacent to and
contiguous with the West side of the following described line:
Commencing at a point on the Easterly right-of-way line of U. S.
Interstate Highway 25 which bears South 89 degrees 33 minutes 44
seconds East, 279.50 feet from the West 1/4 corner of said Section
11, and run thence South 89 degrees 33 minutes 44 seconds East,
1024.45 feet along the said line; thence South 00 degrees 21
minutes 14 seconds West 34.42 feet; thence North 89 degrees 33
minutes 44 seconds West 364.53 feet; thence South 00 degrees 29
minutes 39 seconds West 6.87 feet; thence South 05 degrees 46
minutes 09 seconds West 618.54 feet; to the point of beginning;
thence continuing South 05 degrees 46 minutes 09 seconds West
1525.35 feet.
Also: A thirty foot wide temporary construction easement adjacent
to and contiguous with the West side of the above described
permanent easement.
9. Easement and right of way for access easement for ingress and
egress over Easement Premises for the purpose of access to and from
grantee's well site, as granted to Macey & Mershon Oil, Inc., a New
Mexico Corporation, by Stan Barrett, Inc. by The Rawlins National
Bank, recorded September 29, 1989 in Book 1245 as Reception No.
02193345, affecting the following described property:
An easement situated in the SW1/4 of Section 11, Township 2 North,
Range 68 West of the 6th P.M., Weld County, Colorado, being more
particularly described as follows:
Commencing at a point on the North line of said SW1/4 whence the
West one -quarter corner of said Section 11 bears North 89 degrees
33 minutes 44 seconds West, 1303.95 feet; thence South 00 degrees
21 minutes 14 seconds West, 34.42 feet; thence North 89 degrees 33
minutes 44 seconds West, 364.53 feet; thence South 00 degrees 29
minutes 39 seconds West, 6.87 feet; thence South 05 degrees 45
minutes 09 seconds West, 1417.89 feet to the Point of Beginning;
thence continuing South 05 degrees 46 minutes 09 seconds West,
342.00 feet; thence North 86 degrees 43 minutes 06 seconds West,
660.62 feet; thence North 05 degrees 46 minutes 09 seconds East,
24.00 feet; thence South 86 degrees 43 minutes 06 seconds East,
640.60 feet; thence North 05 degrees 46 minutes 09 seconds East,
Page 4
971016
TRANSAMERICA TITLE INSURANCE COMPANY
SCHEDULE B - continued
218.87 feet; thence North 84 degrees
70.00 feet; thence North 05 degrees 4
100.00 feet; thence South 84 degrees
90.00 feet to the Point of Beginning,
or less.
Policy No.: 8031695
13 minutes 51 seconds West,
6 minutes 09 seconds East,
13 minutes 51 seconds East,
containing 0.671 acres more
10. Easement and right of way to construct, operate, maintain, replace,
enlarcje, reconstruct, improve, inspect, repair and remove electric
facilities and appurtenances, as granted to United Power, Inc. by
The Rawlins National Bank, recorded January 7, 1991 in Book 1286 as
Reception No. 02237806, affecting the following described property:
An easement and/or right-of-way 10 feet in width, 5.0 feet on each
side of the following described centerline on, over, under and
across a part of Lot 2 of Recorded Exemption No. 1313-11-3-RE1201
located in the SW1/4 of Section 11, Township 2 North, Range 68 West
of the 6th P.M., Weld County, Colorado, said easement centerline
described as follows:
Beginning at the Southwest corner of said Lot 2; thence South 86
degrees 43 minutes 06 seconds East a distance of 190 feet, more or
less, to the True Point of Beginning of said easement centerline;
thence Northerly a distance of 20 feet, more or less; thence
Westerly a distance of 180 feet, more or less; thence North 05
degrees 46 minutes 09 seconds East along a line parallel with the
West line of said Lot 2 a distance of 370 feet, more or less, to a
point on the North line of said Lot 2, said point being the Point
of Terminus of said centerline; thence North 86 degrees 43 minutes
06 seconds West a distance of 10 feet, more or less, to the
Northwest property corner of said Lot 2.
11. Easement and right of way to erect, construct, install, and lay and
thereafter use, operate, inspect, repair, maintain, replace, and
remove utility lines, including, but not limited to sanitary sewer,
storm drainage, water and other compatible uses, as granted to
Saint Vrain Sanitation District by Rawlins National Bank, recorded
January 11, 1991 in Book 1287 as Reception No. 02238200, affecting
the following described property:
A 20 foot wide permanent easement located in the SW1/4 of the SW1/4
of Section 11, Township 2 North, Range 68 West of the 6th P.M.,
Weld County, Colorado. Said easement being adjacent to and
contiguous with the North side of the following described line:
Commencing at a point on the Easterly right-of-way line of U. S.
Interstate Highway 25, which bears South 89 degrees 33 minutes 44
seconds East 279.50 feet from the West one -quarter corner of said
Section 11 and run thence South 05 degrees 46 minutes 09 seconds
West 2110.98 feet along the said line, which is the Southwest
corner of The Rawlins National Bank property and the Northwest
corner of The Flatirons Structure Property; thence South 86 degrees
43 minutes 06 seconds East 240.62 feet along said line to the Point
Page 5
971016
TRANSAMERICA TITLE INSURANCE COMPANY
SCHEDULE B - continued
Policy No.: 8031695
of Beginning; thence South 86 degrees 43 minutes 06 seconds East
420 feet.
Also: A 30 foot wide temporary construction easement adjacent to
and contiguous with the North side of the above described permanent
easement.
12. Easement and right of way for road, and any and all rights of the
adjoining property owner in and to said common road as contained in
Reciprocal Easement Deed between Flatiron Structures Company, Inc.,
a Colorado Corporation and Stan Barrett, Inc., a Colorado
Corporation recorded December 30, 1992 in Book 1364 as Reception
No. 02316562, more particularly described as follows:
A 30 .00 feet wide access easement across Lot 1 and Lot 2 of
Recorded Exemption No. 1313-11-3-RE1201, recorded September 29,
1989 in Book 1246 as Reception No. 02193215, said easement lying
15.00 feet on each side of the following described centerline:
Beginning at the Northwest corner of Lot 2 of the above described
Recorded Exemption; thence along the North line of Lot 2 (said line
being the South line of Lot 1 of the aforementioned Recorded
Exemption), South 86 degrees 43 minutes 06 seconds East 660.62 feet
to the Northeast corner of said Lot 2 and point of termination of
said access easement.
13. Deed of Trust from Flatiron Structures Co. to the Public Trustee of
the County of Weld for the use of The Rawlins National Bank to
secure $99,000.00 dated December 22, 1992, recorded December 30,
1992 in Book 1364 as Reception No. 02316563.
NOTE:
The following notices pursuant to CRS 9-1.5-103 concerning
underground facilities have been filed with the Clerk and Recorder.
These statements are general and do not necessarily give notice of
underground facilities within the property.
(a) Mountain Bell Telephone Company, recorded October 1, 1981 in
Book 949 as Reception No. 1870705.
(b) Colorado Interstate Gas Company, recorded August 31, 1984 in
Book 1041 as Reception No. 1979784.
(c) Associated Natural Gas, Inc., recorded April 10, 1989 in Book
1229 as Reception No. 2175917.
(d) Western Gas Supply Company, Recorded April 2, 1985 in Book
1063 as Reception No. 2004300.
(e) Panhandle Eastern Pipe Line Company, recorded June 26, 1986 in
Book 1117 as Reception No. 2058722.
(f) United Power, Inc., formerly Union Rural Electric Association,
Inc., recorded January 24, 1991 in Book 1288 as Reception No.
02239296.
Page 6
971O16
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HOME OFFICE
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7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE.
This policy is a contract of indemnity against actual monetary loss or
damage sustained or incurred by the insured claimant who has suffered loss
or damage by reason of matters insured against by this policy and only to
the extent herein described.
(a) The liability of the Company under this policy shall not exceed the
least of:
(i) the Amount of Insurance stated in Schedule A; or,
(ii) the difference between the value of the insured estate or interest as
insured and the value of the insured estate or interest subject to the defect.
lien or encumbrance insured against by this policy.
(b) In the event the Amount of Insurance stated in Schedule A at the
Date of Policy is less than 80 percent of the value of the insured estate or
interest or the full consideration paid for the land. whichever is less, or if
subsequent to the Date of Policy an improvement is erected on the land
which increases the value of the insured estate or interest by at least 20
percent over the Amount of Insurance stated in Schedule A, then this
Policy is subject to the following:
(i) where no subsequent improvement has been made. as to any partial
loss, the Company shall only pay the loss pro rata in the proportion that
the amount of insurance at Date of Policy bears to the total value of the
insured estate or interest at Date of Policy: or
(ii) where a subsequent improvement has been made. as to any partial
loss, the Company shall only pay the loss pro rasa in the proportion that
120 percent of the Amount of Insurance stated in Schedule A bears to the
sum of the Amount of Insurance stated in Schedule A and the amount
expended for the improvement.
The provisions of this paragraph shall not apply to costs, attorneys' fees
and expenses for which the Company is liable under this policy, and shall
only apply to that portion of any loss which exceeds, in the aggregate. 10
percent of the Amount of Insurance stated in Schedule A.
(c) The Company will pay only those costs, attorneys' fees and expenses
incurred in accordance with Section 4 of these Conditions and Stipulations.
8. APPORTIONMENT.
If the land described in Schedule A consists of two or more parcels
which are not used as a single site, and a loss is established affecting one or
more of the parcels but not all. the loss shall be computed and settled on a
pro rata basis as if the amount of insurance under this policy was divided
pro rata as to the value on Date of Policy of each separate parcel to the
whole, exclusive of any improvements made subsequent to Date of Policy,
unless a liability or value has otherwise. been agreed upon as to each parcel
by the Company and the insured at the time of the issuance of this policy
and shown by an express statement or by an endorsement attached to this
policy.
9. LIMITATION OF LIABILITY.
(a) If the Company establishes the title, or removes the alleged defect.
lien or encumbrance, or cures the lack of a right of access to or from the
land, or cures the claim of unmarketability of title, all as insured, in a
reasonably diligent manner by any method, including litigation and the
completion of any appeals therefrom, it shall have fully performed its
obligations with respect to that matter and shall not be liable for any loss
or damage caused thereby.
(b) In the event of any litigation, including litigation by the Company
or with the Company's consent, the Company shall have no liability for
loss or damage until there has been a final determination by a court of
competent jurisdiction, and disposition of all appeals therefrom, adverse to
the title as insured.
(c) The Company shall not be liable for loss or damage to any insured
for liability voluntarily assumed by the insured in settling any claim or suit
without the prior written consent of the Company.
10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION
OF LIABILITY.
All payments under this policy, except payments made for costs,
attorneys' fees and expenses. shall reduce the amount of the insurance pro
tanto.
11. LIABILITY NONCUMULATIVE.
It is expressly understood that the amount of insurance under this policy
shall be reduced by any amount the Company may pay under any policy
insuring a mortgage to which exception is taken in Schedule B or to which
the insured has agreed, assumed, or taken subject, or which is hereafter
executed by an insured and which is a charge or lien on the estate or
interest described or referred to in Schedule A, and the amount so paid shall
be deemed a payment under this policy to the insured owner.
12. PAYMENT OF LOSS.
(a) No payment shall be made without producing this policy for
endorsement of the payment unless the policy has been lost or destroyed. in
which case proof of loss or destruction shall be furnished to the satisfaction
of the Company.
American Land Title Association Owner's Policy (10-21-87)
Cover Page
Cnrm 11 et1_Qti
(b) When liability and the extent of loss or damage has been definitely
fixed in accordance with these Conditions and Stipulations, the loss or
damage shall be payable within 30 days thereafter.
13. SUBROGATION UPON PAYMENT OR SETTLEMENT.
(a) The Company's Right of Subrogation.
Whenever the Company shall have settled and paid a claim under this
policy, all tight of subrogation shall vest in the Company unaffected by
any act of the insured claimant.
The Company shall be subrogated to and be entitled to all rights and
remedies which the insured claimant would have had against any person or
property in respect to the claim had this policy not been issued. If
requested by the Company, the insured claimant shall transfer to the
Company all rights and remedies against any person or property necessary
in order to perfect this right of subrogation. The insured claimant shall
permit the Company to sue, compromise or settle in the name of the
insured claimant and to use the name of the insured claimant in any
transaction or litigation involving these rights or remedies.
If a payment on account of a claim does not fully cover the loss of the
insured claimant. the Company shall be subrogated to these rights and
remedies in the proportion which the Company's payment bears to the
whole amount of the loss.
If loss should result from any act of the insured claimant. as stated
above, that act shall not void this policy, but the Company, in that event.
shall be required to pay only that part of any losses insured against by this
policy which shall exceed the amount, if any. lost to the Company by
reason of the impairment by the insured claimant of the Company's right
of subrogation.
(b) The Company's Rights Against Non-insured Obligors.
The Company's right of subrogation against non-insured obligors shall
exist and shall include, without limitation, the rights of the insured to
indemnities, guaranties, other policies of insurance or bonds.
notwithstanding any terms or conditions contained in those instruments
which provide for subrogation rights by reason of this policy.
14. ARBITRATION
Unless prohibited by applicable law, either the Company or the insured
may demand arbitration pursuant to the Title Insurance Arbitration Rules
of the American Arbitration Association. Arbitrable matters may include,
but are not limited to, any controversy or claim between the Company and
the insured arising out of or relating to this policy, any service of the
Company in connection with its issuance or the breach of a policy
provision or other obligation. All arbitrable matters when the Amount of
Insurance is SI,000.000 or less shall be arbitrated at the option of either the
Company or the insured. All arbitrable matters when the Amount of
Insurance is in excess of 51.000.000 shall be arbitrated only when agreed to
by both the Company and the insured. Arbitration pursuant to this policy
and under the Rules in effect on the date the demand for arbitration is
made or. at the option of the insured. the Rules in effect at Date of Policy
shall be binding upon the parties. The award may include attorneys' fees
only if the laws of the state in which the land is located permit a court to
award attorneys' fees to a prevailing party. Judgment upon the award
rendered by the Arbitrators) may be entered in any court having
jurisdiction thereof.
,The law of the situs of the land shall apply to an arbitration under the
Title Insurance Arbitration Rules.
A copy of the Rules may be obtained from the Company upon request.
15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE
CONTRACT.
(a) This policy together with all endorsements, if any, attached hereto
by the Company is the entire policy and contract between the insured and
the Company. In interpreting any provision of this policy. this policy shall
be construed as a whole.
(b) Any claim of loss or damage, whether or not based on negligence.
and which arises out of the status of the title to the estate or interest
covered hereby or by any action asserting such claim. shall be restricted to
this policy.
(c) No amendment of or endorsement to this policy can be made
except by a writing endorsed hereon or attached hereto signed by either the
President, a Vice President, the Secretary, an Assistant Secretary. or
validating officer or authorized signatory of the Company.
16. SEVERABILITY.
In the event any provision of the policy is held invalid or unenforceable
under applicable law. the policy shall be deemed not to include that provi-
sion and all other provisions shall remain in full force and effect.
17. NOTICES, WHERE SENT.
All notices required to be given the Company and any statement
in writing required to be furnished the Company shall be addressed to
Transamerica Title Insurance Company, 4683 Chabot Drive, Suite 101,
Pleasanton, CA 94588.
971016
Valid Only If Face Page. Schedules A and B Are Aitached
RECEIVED JUN 2 0 1994
?1--002—
Goodson & Associates, Inc.
Consulting Engineers
GEOTECHNICAL ENGINEERING STUDY
ACCESSORY BUILDING
10090 1-25 FRONTAGE ROAD
LONGMONT, WELD COUNTY, COLORADO
MARCH 29, 1994
(62394.01)
971016
.GEOTECHNICAL ENGINEERING STUDY
ACCESSORY BUILDING
10090 1-25 FRONTAGE ROAD
LONGMONT, WELD COUNTY, COLORADO
Prepared for
FLATIRON STRUCTURES
10090 1-25 Frontage Road
Longmont, Colorado 80504
By
GOODSON & ASSOCIATES, INC.
11949 West Colfax Avenue
Lakewood, Colorado 80215
(62394.01)
Prepared by Date
David A. Field, P.E.
971016
TABLE OF CONTENTS
Page
Summary 1
Scope of Study 1
Field Investigation 2
Laboratory Testing 3
Proposed Construction 3
Site Conditions 3
Foundation Recommendations 5
Floor Slab Construction 7
Surface Grading 7
Cement 7
Miscellaneous 7
LIST OF TABLES AND FIGURES
Figure 1 - Boring Hole Locations
Figure 2 - Boring Logs
Figure 3 - Legend and Notes for Boring Logs
Figure 4 - Gradation Curve
Table 1 - Summary of Laboratory Test Results
971016
SUMMARY
1) The subgrade conditions at the site are somewhat variable. Our borings
generally encountered sandy clays, and clayey sands to clean sands
above a coarse sand and gravel strata. A siltstone/sandstone bedrock
was encountered at 29 feet in Boring 1. Groundwater was encountered
in four borings at depths ranging from 4 to 11 feet during drilling.
2) In our opinion, the structure should be founded on footings placed below
frost depth (30 inches) on the natural soil materials and/or properly
compacted structural fill. The footings would be designed using a
maximum allowable soil bearing pressure of 3,000 psf.
3) Floor slabs may be supported on -grade as discussed in the text of this
report.
4) A representative of our firm should observe the construction operations
discussed in this report.
SCOPE OF STUDY
This report presents the results of a geotechnical engineering study at the site
of the proposed Flatirons Structures Accessory Building to be located in their
facility at the northeast corner of the 1-25 Frontage Road and Weld County
Road #22 in Longmont, Weld County, Colorado (see Figure 1).
1
971016
The purpose of this study was to explore the subsurface conditions, obtain some
data of the pertinent characteristics of the underlying strata, recommend the
most appropriate foundation system, develop specific foundation design criteria,
and attempt to evaluate the risks of slab -on -grade construction.
It should be understood that economic and practical constraints limit our
sampling and laboratory testing to only a minuscule fraction of the total mass of
soil and/or bedrock which lies within the zone of influence of the proposed
construction.
Our analyses, conclusions and recommendations are based upon the
assumption that the samples of subsurface strata, which we observed and
tested, are representative of the entire soil mass.
FIELD INVESTIGATION
Four (4) exploratory test borings were drilled at the site, at the locations shown
on Figure 1. The borings were drilled with 8 -inch diameter, continuous flight,
hollow stem power augers using a truck -mounted drill rig.
At regular intervals soil samples were obtained with a 2 -inch I.D. California
Barrel Sampler. The sampler was driven into the various subsoil strata with
blows of a 140 -pound hammer falling 30 inches. The number of hammer blows
required to drive the sampler one foot, or a fraction thereof, constitutes the
pen tration test. This field test is similar to the standard penetration test
2
971016
described by ASTM Method D-1586. Penetration resistance values, when
properly evaluated, are an index to the soil strength and density. The depths at
which the samples were taken and the penetration resistance values are shown
on the Boring Logs, Figure 2. A weighted tape measure was used to determine
the groundwater level, if present, in the borings.
LABORATORY TESTING
All samples were carefully inspected and classified in the laboratory by the
Project Engineer. Laboratory testing consisted of: Atterberg Limits, gradation
analyses, both full and partial, natural moisture contents, and dry unit weights.
These tests were performed on samples selected from relatively undisturbed
drive samples of typical materials encountered (see Figure 4 and Table 1).
PROPOSED CONSTRUCTION
As we understand, the proposed construction will be an approximately 50 by 100
foot prefabricated building to be used for constructing precast concrete panels.
The building will span a portion of an existing 24 x 320 foot concrete slab. No
basement areas are planned. Foundation loads are expected to be moderate
to light. Column loads on the order of 40 to 50 kips are anticipated.
SITE CONDITIONS
Surface: The site is presently used for storage of construction materials. There
is an existing 24 x 320 foot concrete slab at the proposed building location that
will be enlarged to facilitate casting operations. The ground surface slopers
3
971016
toward the north, with approximately 10 feet of elevation change across the
property. The site is lightly vegetated with grasses.
Borings 1 and 2 were located 500 feet to the north of the proposed Accessory
Building at elevations of 4857 to 4858 feet. Borings 3 and 4 were located on the
east margin of the existing concrete slab at an elevation of approximately
4863 feet.
Subsurface: The subsurface conditions were somewhat variable. Borings 1
and 2 encountered 3 to 4 feet of a sandy clay at the ground surface. This clay
soil was medium stiff to stiff, moist, and light brown in color. Beneath the clay
soil in Boring 2, a very clayey sand was encountered that was loose, moist, and
brown. A slightly clayey to clean sand was encountered beneath the sandy clay
in Boring 1 and the clayey sand in Boring 2. In Boring 1 at 11 feet, a coarse
sand and gravel that was clean, medium dense, wet, and brown and grey was
encountered. At a depth of 29 feet in Boring 1, a medium hard to hard
siltstone/sandstone was encountered. Groundwater was encountered in
Borings 1 and 2 at depths of 4 feet while drilling.
At the location of the proposed Accessory Building, Borings 3 and 4 encountered
predominantly granular soils consisting of slightly clayey to very clayey sands.
These soils were loose to medium dense, moist to wet, brown in color and
extended to depths of 13 to 15 feet in the borings. Beneath the sandy soils in
both borings a coarse sand and gravel as described in Boring 1 was
4
971016
encountered which continued to the maximum depth explored at this location of
20 feet. Groundwater was encountered during drilling operations at depths of
10 and 11 feet.
FOUNDATION RECOMMENDATIONS
We recommend that the Accessory Building be placed on footings bearing below
frost depth (at least 30 inches) on the natural soils and/or properly compacted
structural fill.
Spread footings should be designed for a maximum allowable soil bearing
pressure of 3,000 psf if placed directly on natural soils or properly compacted
structural fill. A uniform dead -load design should be used to help prevent
differential movements.
Interior loads should be supported on beams and columns, placed on isolated
pads, designed as above. Wall footings should be at least 12 inches in width
and column footings should be at least 18 inches wide for bearing capacity
consideration.
In the vicinity of Borings 1 and 2, a shallow foundation system is still appropriate;
however, the maximum allowable bearing pressure should be reduced to
1,500 psf. Due to the shallow groundwater encountered in the vicinity of
Borings 1 and 2, overexcavation and/or stabilization of soft soils may be required
in the foundation excavations to achieve this bearing pressure.
5
971.01c
Structural fill should consist of non -swelling soils such as sands and gravels and
should be compacted to at least 100 percent of the maximum standard Proctor
density (per ASTM D-698) at or near the optimum moisture content.
The design and construction criteria presented below should be observed for a
spread footing foundation system. The construction details should be considered
when preparing the project documents.
Foundation walls should be well reinforced, both top and bottom. This is
to give them sufficient beam strength to span isolated loose or expansive
pockets which may occur in the bearing strata below foundation levels.
2) The soils exposed in the bottoms of the footing excavations must be
inspected by a representative of our firm. Some of the silty sand soils
may require reworking or removal prior to placing footings. Pockets of
loose, soft or undesirable material should be replaced with properly
compacted structural fill approved by the soil engineer, or stabilized with
crushed rock.
6
971016
FLOOR SLAB CONSTRUCTION
The natural soils and/or properly compacted fill materials are suitable to support
interior floor slabs. A minimum of 4 inches of clean gravel may be placed
beneath the slabs if desired. All loose material or new fill beneath the slabs
should be moistened and compacted to at least 95 percent of standard Proctor
density (per ASTM D-698).
SURFACE GRADING
Exterior surface drainage must not be allowed to collect at or near the building.
The exterior grade should be sloped well away from the structure. A minimum
slope of 6 inches in the first 10 feet away from the foundation walls is
recommended in landscaped areas. A minimum slope of 3 inches for the first
10 feet is acceptable in paved areas.
CEMENT
As a precautionary measure, we recommend the use of Type II cement in all
concrete exposed earth at the site.
MISCELLANEOUS
In any foundation investigation it is necessary to assume that foundation
conditions do not change greatly from those indicated by our exploratory borings.
These borings are spaced in such a manner as to decrease the possibility of
anomalies. However, our experience has shown that anomalies do sometimes
7
971016
become apparent during construction. For this reason, we recommend that a
representative of our firm who is familiar with the surface conditions observe the
construction discussed in this report.
8
971016
Building outline Exist 24'x320'
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Boring 3 /
Boring 4
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SITE PLAN
Flatiron Structures Company
Accessory Building
10090 I-25 Frontage Road
Longmont, Colorado 80504
Weld County Road 22
ON -1
G00DS0N & AS90C STNS, INC.
Consulting lmdnsers
11049 Xast Colfax Anima
Laluwood, Colorado 50215
(909) 23.1-22.44
Drawn By: T.J.M
Scale:
Checked By: DAY.
Job No: 82394.01
Date: 3-22-94
Figure No: 1
971016
DEPTH IN FEET
0
5
10
15
20
25
30
L
L
1
9
8
21
20
19
42
25/6
BORING LOGS
2 3
8
4
1
29/6
BORING LOGS
Flatiron Structures Company
Accessory Building
100'0 1-25 Frontage Road
Longmont, Colorado 80504
4
10
12
24
21
0
5
10
15
20
25
30
DEPTH IN FEET
GOODSON h ASSOCIATES, INC.
Consulting Ln.naara
11949 Teat Colfax Avenue
Lakewood, Colorado 60215
(303) 233-2244
Drawn By: T.J.M
Scale: 1" = 5'
Checked By. D.A_F'.
Job No: 82394.01
Date: 3-22-94
Figure No: 2
971.01.6
LEGEND AND NOTES FOR BORING LOGS
(rA
IIIII
_ .CLAY slightly sandy to sandy, medium stiff to stiff, moist, light brown
SAND very clayey to clayey, loose to medium dense, moist, brown
SAND slightly clayey to clean, loose to medium dense, moist to wet, brown
SAND and gravel, clean, medium dense, wet brown and grey
SANDSTONE, SILTSTONE, medium hard to hard, moist, light brown to brown
Drive Sample. Indicates 13 blows of a 140 pound hammer falling 30 —inches
13
were required to drive the 2 —inch I.D. California sampler 12 —inches.
- indicates groundwater was encountered while drilling.
(1) Exploratory borings were drilled on March 17 and 18, 1994 with
diameter continuous flight hollow stem auger
(2) Locations of exploratory borings were measured approximately by
features shown on the site plan provided.
Elevations of the exploratory borings were not measured and logs of exploratory
borings are drawn to depth.
(4) The exploratory boring locations and elevations should be considered accurate
only to the degree implied by the method used.
The lines between materials shown on the exploratory boring logs represent the
approximate boundaries between material types and the transitions may be
gradual.
(6) Groundwater levels shown on the logs were measured at the time and under
conditions indicated. Fluctuations in the water level may occur with time.
(3)
(5)
LEGEND AND NOTES
Flatiron Structures Company
Accessory Building
10093 I-25 Frontage Road
Longmont, Colorado 80504
an 8 —inch
pacing from
can
6o0DSON s js80C11ii4. INC.
Consulting Lngln.er.
11949 Teat Colfax Avenue
Lakewood, Colorado 80216
(309) 233-2244
Drawn By: T.J.M.
Scale:
Checked By: D.A.F.
Job No: 82394.01
Date: 3 -22 -94
Fi ure No: 3
97101.6
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Flatiron Structures Company
Accessory Building
GOODSON & ASSOCIATES, INC.
Consulting Engineers
i. STANDARD SIEVE OPENING IN INCHES U.S. STANDARD SIEVE NUMBERS HYDROMETER
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