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Home My WebLink About992181.tiff PLANNED UNIT DEVELOPMENT FINAL PLAN APPLICATION � C�v,Uf1y c/i c/cl9 FOR PLANNING DEPARTMENT USE ONLY: p U c. Case Number Application Fee: ��J� — -+ Zoning District_ Receipt Number O 3 g'"Co Date _- Application Checked By: k,vyr,/a Planner Assigned to Case: BE COMPLETED BY APPLICANT: (Print or type only except for required signatures). I (we), the undersigned, iereby requests the Department of Planning Services to administratively review this application or request a hearing before the Board of County Commissioners, if applicable, concerning the Final Plan of this proposed subdivision of the following described unincorporated area of Weld County. LEGAL DESCRIPTION: Please see attached legal description. (If additional space is required, attach an additional sheet of this same size.) PARCEL NUMBER: a g_jy1 1 0_1)_Il Q.0 1A___02 digit number found on Tax I.D. or obtained in Assessor's Office.) NAME OF PROPOSED FUD SUBDIVISION Avery Arrec EXISTING ZONING_pff,-;r.,,lt„ra CHANGE OF ZONE CASE NUMBER z-516 TOTAL AREA(ACRES) +1-197 acs. TOTAL AREA (acres) OF COMMON OPENSPACE 182 acre ag out lot NO. OF PROPOSED LO-r S S rpc;Apnrial LOT SIZE: AVERAGE 2.5 acres MINIMUM 2.5 acres UTILITIES: WATER: NAME North Weld Water SEWER: NAME Septic GAS: NAME Propane PHONE: NAME T1 c Wect ELECTRIC: NAME Public Service DISTRICTS: SCHOOL: NAME Eaton FIRE: NAME Galeton Volunteer ENGINEERS NAME kin -`- 2-E Jr_ 5ti-` TNI PHONE 9}o " 1 -- 31ui ADDRESS tz_1 , - r" f��z) C ree ls Co c2OL '31 PHONE SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR PUD FINAL PLAN: NAME: John Avery Sutter HOME TELEPHONE:970-454-3983 ADDRESS: 800 Hawkstone Dr. , #27; Eaton, CO 80615 BUS. TELEPHONE: 970-454-3322 NAME: James Ted Sutter HOME TELEPHONE647-295-9327 ADDRESS: 30 Inverness Ct. , Lake Bluff, IL 60044 BUS. TELEPHONE: 312-831-2046 APPLICANT OR AUTHORIZED AGENT (if different than above): NAME: HOME TELEPHONE:_ ADDRESS: BUS. TELEPHONE:_ OWNER(S) AND LESSEES OF MINERAL RIGHTS ON OR UNDER THE SUBJECT PROPERTIE=S: NAME: _Mcu c.J cy c o -- Cc/ ADDRESS: CC Y..2 N L.-Cr-fin-A L t-_ c4 °i way S�. .-Ez_ r,G-C:Th t14 4 �� 7� Sign t re: Owner or Authorized Agent 22 992181 JUN 24 '99 06:59 FROM CRRGI LL-CH ICRGD TO 19704542594 PAGE.002 IMPROVEMENTS AGREEMENT ACCORDING re POLICY REGARDING COLLATERAL FOR IMPROVEMENTS (PRIVATE ROAD MAINTENANCE) THIS AGREEMENT,made and entered into this day of ,by and between the County of Weld,State of Colorado,acting through its Board ofCountyCommissioners,hereinafter called "County",and Behr( "(awes 4. 4 ,ts ≤.4eK hereinafter called"Applicant". WITNESSETH: WHEREAS, Applicant is the owner of or has a controlling interest in the following described property in the County of Weld,Colorado: a t-os...e_"Ea- I-•A ‘ :. t A WHEREAS, a final subdivision/PUD plat of said property, to be known as A'ICiLrt 1Ie&ts has been submitted to the County for approval;and WHEREAS, of the Weld County Subdivision Ordinance provides that no final plat shall be approved by the County until the Applicant has submitted a Subdivision Improvement Agreement guaranteeing the construction of the public improvements shown on plans,plats and supporting documents of the subdivision,winch improvements,along with a time schedule for completion,are listed in Exhibits "A"and "ft"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 RnainpWERi vim: Applicant shall finnish,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. t.2 The required engineering services shall consist of,but not be limited to, surveys, designs,plans aid profiles,estimates,construction supervision,and the submission of necessary documents to the County. 1 Revised tun JUN 24 '99 07:00 FROM CRRGILL-CHICRUO TO 197©4542594 PAGE.093 13 Applicant shall ftnsish dnwings and cost nimatcsfor roads within the subdivision to the County for approval prior to the letting of any construction contact. Applicant shall finish one set of reproducible "as-built" drawings and a.final statement of Construction cost to the County. 2.0 Ejehts.of-WavapdEasemealy. Before commencing the construction ofany improvements herein agreed upon,Applicant shall acquire,a its own expense,good and sufficient rights- ofway and easements on all lands and facilities traversed by the proposed improvements. 3.0 Cam; 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 perfonn all testing of materials or construction that is required by the County,and shall furnish copies of test results to the County. 3.3 At all times during said construction,the County shall have the right to test and inspect or to require testing and inspection of material and work at Applicant's expense. Any material or work not conforming to the approved plans and specifications shall be removed and replaced to the satisfaction of the County at Applicant's expense. 3.4 The Applicant shall furnish proof that proper arrangements have been made for the installation of sanitary sewer or septic systems,water,gas,electric and telephone services. 3.5 Said subdivision improvements shall be completed,according to the terms of this Agreement,within the construction schedule appearing in Exhibit"B". The Board of County Commissionets, at its option, may grant an extension of the time of completion shown on Exhibit"B"upon application by the Applicant subject to the terms of Section 6 herein. 2 Revised 1249$ JJN 24 '93 07;01 FROM CARS I�L.-CHICRGG TO 13704542594 pRGE.004 9 4.0 A'.elease of Liability: Applicant shall indemnify and hold hamless the County from any and all liability loss and damage county nay suffer as a result of all snits,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 oftheiremployment.All contractors and ether employees engaged in coosttnction ofthe 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 Sheets b 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 11!desired by the County,portions of sheet improvements may be placed in rcrvice 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 ofCounty Commissioners partially approve them. Not sooner than nine months after partial approval,the County Engineer shall,upon request by the applicant, inspect the subject streets, and notify the applicant(s) of any deficiencies. The County Engineer shall reinspect the streets after notification from the applicant(s)that any deficiencies have been corrected. If the County Engineer finds that the streets are constructed according to County standards, he shall nxommend 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 IUlly approve said streets as public but with private pay. 7.0 5' I.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 prefered 3 Revived 12/95 JON 24 '99 07:02 FROM CARD ILL—all CAGO TO 19704542594 Pc1GE.905 slr 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 (I) 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 prohibitthe conveyance of the property or the issuance of building permits until collateral is provided or until improvements are in place and approved pursuant to the requirements for a Request for Release of Collateral. 7.3 The applicant intends to develop in accordance with Exhibits"A"and "B". 8.0 kprovements 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 j.etr of Credit from a Federal or State licensed financial institution on a form approved by Weld County. The letter of credit shall state at least the following: 8.1.1 The Letter of Credit shall be in an amount equivalent of 100%of the total value of the improvements as sot forth in Section 6.0 and exhibits"A"and 8.1.2 The Letter of Credit shall provide for payment upon demand to Weld County if the developer has not performed the obligations specified in the Improvements Agreement and the issuer has been notified of such default. 8.1.3 The applicant may draw from the Letter of Credit in accordance with the provisions of this polity. 4 Revised 12/95 JUN 24 '99 07:02 FROM ;ARGIL_-CHICAGO r0 19704542594 ?AGE.006 8.1.4 The issuer of the Latter of Credit shalt guarantee that at all times the • unreleased portion of the Utter 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., meets, sewers, was mains and landscaping, etc.). The issuer of the Letter of Credit will sign the Improvements Agreement acknowledging the agreement and its cost estimates. 8.1.5 The Letter of Credit shall specify that 15%of the total Letter of Credit • amount cannot be drawn upon and will remain available to Weld County until released by Weld County. 8.1.6 The Letter of Credit shall specify that the date of proposed expiration of the Letter of Credit shall be either the date of release by Weld county of the final 15%, or one year from the date of Final Plat approval, whichever occurs first. Said letter shall stipulate that, in any event, the Letter of Credit shall remain in full force and effect until after the Board has received sixty (60) days written notice from the issuer of the Letter of Credit of the pending expiration. Said notice shall be sent by certified mail to the Clerk to the Board of County Commissioners. 8.2 laggpsgel upon all or some of the proposed development or other property acceptable to the Board of County Commissioners provided that the following are submitted: 8.2.1 In the event property within the proposed development is used as collateral, an appraisal is required of the property in the proposed development by a disinterested M.A.I.member of the American institute of Real Estate Appraisers indicating that the value of the property encumbered in its current degree of development is sufficient to cover 100% of the cost of the improvements as set forth in the Improvements Agreement plus all costs of sale of the property. 8.2,2 In the event property other than the property to be developed has been accepted as collateral by Weld County,then an appraisal is required of the property by a M.A.I. member of the Institute of Real Estate Appraisers indicating that the value of the property encumbered in its current state of development is sufficient to cover 100% of the cow of the improvements as set forth in the Improvements Agreement plus all costs of sale of the property. 8.2.3 A title insurance policy insuring that the Trust Deed creates a valid encumbrance which is senior to all other liens and encumbrances. 8.2.4 A building permit hold shall be placed on the encumbered property. 8.3 Escrow Agreement that provides at least the following: 5 Ravine;12/95 JUN 24 '99 07:03 FROM CRRGILL-CH ICAGO TO 19704542594 DOGE.007 83.1 The cash in escrow is at least equal to 100% of the amount specified in the Improvements Agreement. 8.3.2 The escrow agent guarantees that the escrowed funds will be used for improvements as specified in the agreement and for no other purpose and will not release any portion of such funds without prior approval of the Board. 8.3.3 The escrilts/agent will be a Federal or State licensed bank or financial institution. 83.4 If the County of Weld County determines there is a default of the Improvements Agreement, the escrow agent, upon request by the County, shall release any remaining escrowed funds to the County. 8.4 A surety bond given by a corporate surety authorized to do business in the State of Colorado in an amount equivalent to 100% of the value of the improvements as specified in the Improvements Agreement. 8.5 A gash deposit made with the County equivalent to 100%of the value of the improvements. 9.0 agora 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 Su bstantial 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 count of construction and the construction plans utilized are the sense as those approved by Weld County. 92 Test results must be submitted for all phases of this project as per Colorado Department of transportation Schedule for minimum materials sampling,testing and inspections found in COOT 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 plant The letter shall indicate if the fire hydrants are operational and state the results of fire flow tests. 9.5 The requirements in 9.0 thru 9.5 shall be noted on the final construction plans. 6 Revised 12/95 JJN 2a 99 ©7:04 FROM CRRGILL—CH ICAW TO 19704542594 PRGE.00B 9.? Following the submittal of the Statement of Substantial Compliance and recommendation of approval of the streets by the County, the applicants)may request release of the collateral for the project or portion of the project by the Board. This action will be taken at a regularly scheduled public meeting of the Board. 9.3 The request for release of collateral shall be accompanied by"Warranty Collateral" in the amount of 15%of tbe value of the improvements as shown in this Agreement excluding improvements fully accepted for maintenance by the responsible governmental entity,special district or utility company. 9-9 The warranty collateral shall be released to the applicant upon final approval by the Board of County Commissioners. 10.0 fiblic Site and Open Spaces: When the Board of County Commissioners,pursuant to a mooning,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 ins specified in the PUD plan, if any: 10.I 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. 102 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, presonal 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. 114 WITNESS WHEREOF.the parties hereto have caused this Agreement to be executed on the day and year first above written. 7 Revise 12/95 JUN 24 '99 07:04 FROM CARUI ICRGcJ TO 19724542594 =.4GE.aa9 tp 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 Attorney APPLICANT BY: (title) Subscribed and sworn to before me this day of_ , 19 My Commission expires: Notuy Public IN:FIZAMIUtPlUVATA OS 8 Revised 17/95 JUN 24 '9y 07:05 =ROM CRRGI ._-CHICPU0 t0 19704542594 PRGE.010 1 '0 EXHIBIT"A' Name of Subdivision: ¢very Acre_ Filing: _ Location: Pmf.rlk 1. W `/41 S� �: o TG it/ C.- Ce a.l Intend n? 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.e the following improvements. (Leave spaces blank where they do not apply) Estimated Improvements Unit Cost gio tniction Cost Street grading ISO ft it s5/ft 7. . Street but/eravAl 1.100 ft @ $5/ft 1,500 _ Duet Paving It/a -- Curbs.gutter!_&culverts Sidewalk Storm sewer facilities • Retention ponds Ditch improvements SiItwirf4r Jaime _ Saaitaty sewers Sanitary sewers Trunk&forced lines_ Mains Laterals(house coil On-site sewage facilities On-site water suDPIY&Itarage Water mains-Includes Bore _ Fire hydrants Survey&street mypumentS&boxes _ Street 1ig1tting Stream=signs Fencing requirements La Going 4000 park improvemetws Road Culvert _ 3 3)00 - —_ G Lined Swal:. . Telephone a-e electric. Gas n/a_ Electric In.onn Waerltanlfer Nnrrh_WA1A Water 25.QQQ SUB-TOTAL - c s nno 9 Revised 12/95 SUN 24 '99 07:05 FROM CARGILL-OHICaGO TO 137©4542594 ?RGE.011 \ /1 q. Engineering and Supervision coats -o-(testing,inspection,as-built plans and work in addition to preliminary and final plat:supervision of actual construction by contractors) TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION S 55.000.00 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 10 Revised 12/95 . .... . . .... . .......... . JUN 24 '99 0706 FROM CRRGILL-eHJCRGO TO 19704542594 PRGE.012 Jl Lit E3GUBIT"B" [� Name of Subdivision: 4".€ R-44- Filing: __ Location: Par-f" f /1/t..+ '/.�t rg Se 4-r 7 a- /O -rte rJ a2 G rte./ Intending to be legally bound,the undersigned Applicant hereby agrees to construct the improvementsshown on the final subdivision plat of A V i.12-`'f Subdivision, dated , 19 .Recorded on , 19 ,in Book Page No. _. ,Reception No- the following schedule. All improvements shall be completed within I year/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,) Improvement§ Time for Cotnnletion -'ter - 4 - 1 lbw, 91 waits_ I` a -- I N o� 99 Street base - Swnt nvinx - Curbs.gutters_and culverts - Sidewalk - Stanasewer facilities - Retention ponds - Ditch istplovemglrtli_ Subsurface drainage - S.enitary sewers - - -- Trunk and forced lines — Laterals!house connected' — On-silg sewage facilities Onrsite watetsupply and storage — Water mains — fire hydrants — Survey A street monuments&boxes — Street lighting _ §aifillfilfirrilfiN fencing reanimating, isea% ;Levu LendsRlaing park improvements Telephone _ Rile �_`l^r raw :,vi.a,a�,000 WatcrTtapsfer _ -- SubToul 4 _ S.. 6 Ka-* '-Ita - • n °-66d''1`, .CZ 11 Rcvised 11/93 JUN 24 '99 07 05 FROM CRRGIL--CH ICRGO TO 19704542594 PRGE.013 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 - ew. .n„w • 12 Raised 1295 JUN 24 '99 07:07 FROM CRRGILL-CHICROO TO 19704542594 PRGE.714 EXH12diT "A" • The West Half (W%) and Northeast Quarter (NE%) of the Southwest Quarter (SW'i4) and the West Half(W1) of the Northwest Quarter(NWe/4) of Section Ten O0), in Township Six (6) North,.Range Sixty-five (65) West of the 6th P.M.. in Weld County, Colorado, together with four (4) shares of the capital stock of The Latimer and Weld Irrigation Company; three(3) shares of the capital stock of The Windsor Raeavoir and Canal Company; eleven (11)shares of the capital stock of The Owl Creek Supply and Irrigation Company; two(2) shares of the capital stock of Roberts Lateral Ditch Company; three (3) adjudicated wells as folloays: (1) Avery Pumping System, Case No. W-5528, adjudicated September 10, 1953; (2) Avery Weil 5.5290. Case No_ W-5647, adjudicated December 31, 1971; (3) Avery Well 2-6130, Case No. W-7342, adjudicated December 31, 1971, and 1"4 cubic feet of water per second of time from the seepage, waste and storm waters flowing in Lone Tree Creek as further evidenced by Priority No. 19 dating from May 15. 1882, in Water District No. 1, Colorado, excepting thaefiow 1.05 acres, more or less. conveyed by Deed dated June 14, 1951, and recorded June 18, 1951, in Book 1305, Page 354, Weld County records. also known as 21167 Weld County Road 70, Eaton, Colorado 80615 LESS. A tract of land located in the Southwest Quarter of the Southwest Quarter of Section 10, Township 6 North, Range 65 West of the 6th Principal Meridian, Weld County, Colorado being more particularly daaibed as follows: Commencing at the Southwest corner of said Section 10 and considering the South line of said Southwest Quarter to bear North 90►30'00" East with all other bearing, contained herein being relative thereto; Thence North 90.00'00" East, 810.60 feet to the Southeast corner of a parcel of land described in Book 1305, Page 154, Weld County records; Thence North 00.13'00" East, 277.22 feet along the East line thereof; Thence South 87.54'14" East, 12.04 feet; Thence: South 57.26'00" East. 100.50 feet' Thence South 89.21'00" East, 138.98 feet; Thence South 56.47'00" East. 333.60 feet; Thence South 00.00'00" West. 38.36 feet to the Southeast corner of the Southwest Quarter of the Southwest Quarter of said Section 10; Thence South 90.00'00" West. 515.35 feet to the true point of beginning. Said tract of land contains 2.104 acres. more or less, of which 0.355 acres are within Weld County Road No. 70 right-of-way, and is subject to any riahes.of-way or other easements as granted or reserved by instruments of record or as now existing on said tract of land. ** T0TRL PRGE.a14 ** Avery Farms c/o: John/Jim Sutter 800 Hawkstone Drive, #27 Eaton, CO 80615 Phone: (970)454-3322 (John) Fax: (970)454-2594 RE: Avery Acres Planned Unit Development: Final Plan Grading and Drainage Plan Map The information required on this map is included in the attached memo and Final Plat map. Sincerely, Jim and John Sutter McFIAE & SHORT, INC. m 1231 Bth Avenue n Greeley, Colorado 80631 (A4- Telephone (97f 356-3101 • Engineering, Surveying, Planning & Land Development October 21 , 1998 PROJECT NO. 97090 Department of Planning Services Weld County Admihistrative Offices 1400 North 17th Avenue Greeley, Colorado 8063] RE: AVERY ACRES P.U.D. - JOHN SUTTER LOT 8 OF RE-1683; W2W2 & NE4SW4. SEC. 10, T6N, R65W, 6th P.M. , • WELD COUNTY. Gentlemen , At the County's request, we have reviewed and evaluated the impact of the proposed develonm?nt on the storm drainage and runoff . Adding a set of improvements to each lot (minimum of 2.5 acres) will not have a significant increase in the coefficient of runoff . The addition of some higher in"ensity of landscaped areas around the homes, the croafion of wind- breaks and the iidividual care of the open space will slow the runoff and improve the percolation over the existing condition. The lots drain f -om East to West and the lower elevations of the lot adjoin the access road. With a minimum amount of terracing and/or contour borming, additional benefits will be added to the site grading. Berming for shallow ponding along the Westerly portions of each lot will also take advantage of the moderate nermability in this area. The access road will have shallow borrow swains on each side, which will also add detention areas for storm water_ None of the residential lots adjoin the county road . Outlot A ( 182 Acres) will continue to be cultivated for farming and will have no change in the historical land use and storm water condition. Department of Planning Services October 21 , 1998 Weld County Administrative Offices PROJECT NO. 97090 RE: AVERY ACRES P.U.D. - JOHN SUTTER LOT B OF RE-1683; W2W7 & NF4SW4, SEC. 10, T6N, R65W, 6th P.M. , WELD COUNTY. It is our judger°nt +ha+ the increase in s+orm water runoff will be minimal and reasonably taken care of with the improvements cited above. If you have any questions, please contact us. Respectfully, �O��p iumin1 II McRae & Short, ! nc. .to B ''•,$)•-• e =°;° 6616 ;m Gerald © McRae P.E. L. '%;�qp ... .. J, oi; N "...` Copy to: John Sutter -2- Avery Farms c/o: John/Jim Sutter 800 Hawkstone Drive, #27 Eaton, CO 80615 Phone: (970)454-3322 (John) Fax: (970)454-2594 RE: Avery Acres Planned Unit Development: Utility Map The information required on the Utility Map is included on the final plat. Please see this map for these details. Sincerely, Jim Sutter CC: John Sutter La) Avery Farms do: John and Jim Sutter 800 Hawkstone Drive, #27 Eaton, CO 80615 Phone: (970) 454-3322 (John) Phone: (312) 831-2040 (Jim) Fax: (9701 454-2594 March 15, 1999 Ms. Sheri Lokman, Current Planner Weld County Planiing Department 1400 17th Avenue Greeley, CO 80631 Subject: 7-516 - Avery Acres Planned Unit Development- Final Plan Application Dear Ms. Lokman. Our recorded Chance of Zone plat has been presented to the County earlier. Therefore it is not included in this packet of goods and there is therefore not an item #2. Si erely yours.__ Z Jim utter L% Li Avery Farms c/o: John and Jim Sutter 800 Hawkstone Drive, #27 Eaton, CO 80615 Phone: (970) 454-3322 (John) Phone: (312) 831-2040 (Jim) Fax: (970) 454-2594 March 15, 1999 Ms. Sheri Lohman, Current Planner Weld County Planning Department 1400 17th Avenue Greeley, CO 80631 Subject: Z-516 - Avery Acres Planned Unit Development- Final Plan Application Dear Ms. Lokman, Please note there am no public dedications so items number 4. and 5. are not applicable with this application. S cerely your' Sutter C 6; WELD COUNTY TREASURER Page 1 Report Data:0112S/99 11:00AM CERT N: 1523 CERTIFICATE OF TAXES DUE SCHEDULE NO; R12480E:6 ORDER NO: ASSESSED TO: VENDOR NO: SUTTER JOHN AVERY&JAMES TED AVERY FARMS 450 WALNUT AVE C/O JOHN &JIM SLITTER 800 HAWKSTONE DR 1127 EATON,CO 80615 EATON CO 80615 LEGAL DESCRIPTION: 13611 W2NW4 10 6 65 (3R) %34550 WCR 43% PARCEL: 080310000014 S1TUS ADD: 34550 43 CR WELD -TAX YEAR CHARGE TAX AMOUNT INT AMOUNT ADV,PEN,MISC TOTAL DUE 648.12 0.00 0 0 648.12 1998 TAX 648.12 TOTAL TAXES TAX YEAR ASSESSMENT ASMT AMOUNT INT AMOUNT ADV,PEN,MtISC TOTAL DOUG TOTAL ASMT TAX YEAR TAX LIEN SALE ---TLS AMOUNT INT AMOUNT REDEMJT FEE TOTAL DoUo TOTAL STATEMENT ------ --- - 648.0. GRAND TOTAL, DE—GOOOD-THROUGH 01/25/1999 2 ORIGINAL TAX BILLING FOR 1998 TAX DISTRICT 0221 - Values Actual Assessed Authority Mill Levy Amount WELD COUNTY 22.038 175.21 Laud :67.u0 7760 47.294 375.98 Exempt 0 0 SCHOOL AI RE2 ,i57 190 NCW WATER L000 7,95 Impmvr GALETON FIRE 3.077 2446 AIMS JUNIOR COL 6.253 49.71 T.'ta '74.01 7950 WELD LIBRARY 1.449 11.52 WEST GREELEY SOIL 0A14 3.29 81.525 648.12 - TAXES FOR 1998 FEE FOR THIS CERTIFICATE 10 00 ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF r' RRL.T :AXTS 31 THE LIENHOLDER AND nu_OR TO PRIOR TO ItEMITPANC AFTEINT ER THE FOLLOWING DATES-NT FEES. CHANGES YPERSONAL PR0PI R IY A:,O O Am RE A II(tS if ICE HOMESIL- AUGUST TO BE 2, REAL PROPERTY -AUGUST 2. TAX LIEN SALE REDEMPTION AMOUNTS NIUST RE PAID R1 I ASH I,R CASHIERS CHECK. SPECIAL TAXING DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE (,9 Jr' i 'A t'It "?❑ Is AR a CF COUNTY COMMISSIONERS,THE COUNTY CLERK,OR THE COUNTY ASSESSOR This certificate does not inc.ude land or improvements assessed under a separate schedule rumor r. ie,w",u ;,"',r(Tv u.,+ transfer tax or misc. tax collected on behalf of other entities. special or local improvement±%tlicI lasettnra%•. mobile homes.,unless specifically mentioned. I.the undersigned,do hereby certify that the entire amount of taxes due upon t¢ateve descri wd tec_rs I :rah ;rn(rw 1 a1 all outstanding sales for unpaid taxes as shown by the records in my onlce from v.hicn the same roay int he reeteem.1 ,.nn the amount required for redemption arc as noted herein. In witness whereof,I have hereunto set rand amt ea' n a VI 2g 04 � TREASURER,WELD COUNTY, ARTHUR L. WILLIS II, BY _�� ' :Y:4l'T Li MRR 15 '95 1548 F4RE.OOd Avery Farms LLC c/o: John and Jim Sutter 450 Walnut Avenue Eaton, CO 80615 Phone- (970) 454-3322 (John) Phone- (312) 831-2046 (Jim) Fax - (970)454-2594 (John) May 24, 1999 Ms. Sheri Lokman, Current Planner BY FAX Weld County Planning Department 1400 - 17th Avenue - Greeley, CO 80631 RE: Proposed Planned Unit Development - Avery Acres - WATER Dear Sherry, I am writing to confirm the situation with regard to domestic water for Avery Acres. We have been in ongoing discussions with the North Weld County Water District about getting service for our proposed lots. We have reached a tentative agreement with them that is as follows: Avery Farms LLC will contribute up to $25,000 towards running a pipeline to our proposed Avery Acres PUD from an existing NWCWD line located west of our property. Avery Farms IaLC will also grant the necessary easements/right-of-ways/etc to allow NWCWD to run a line to the eastern boundary of our property. The tentative sciedule is to do this work during the fall/winter period of 1999/2000. This plan is subject to NWCWD securing the necessary easement/right-of-way from our neighboring properly owner to the east to allow the line to reach WCR 45 and to NWCWD Board of Director a;,proval. In our application we would like to state that we plan to use public water per the agreement above. However if NWCWD is unable to either gain the necessary easements or if their Board does not approve this extension we want to have an alternative. Namely that is to use the exception which exists within the PUD regulations. We understand that this says that "An exception may be granted for five lot of less residentially clustered PUD's when public water is not available and the residential PUD results in an intensity of development that preserves and enhances agricultural lands and production. A PUD applying for an exception to the public water requirement must be considered a non-urban scale development as defined in the Ordinance. A PUD not served by public water shall preserve a minimum 80 acre agricultural out-lot." Page 2 - Letter to Sherry Lokman We believe that our PUD meets these requirements and therefore if NWCWD is unable to provide water service by March 1, 2000 at a maximum cost of$25,000 to ourselves (excluding water taps) we want .o have the option for each lot-owner to drill his own domestic well. We would like to have this agreed at the time that our PUD gains final approval. This letter and request should become a part of our PUD application file. Also attached is a letter from I\IWCWD but it is not very detailed. Si rely ts, Uf Ji utter cc: John Sutter 05/14,99 FRI 10:17 FAX WELD AMBULANCE 4f(11)2 MAY 12 '951 1S98 ;ROM CHGILL-CHICAGO TO 19703529019 2PGE,001 • Avery Farms LLC (r-71- do: John and Jim Sutter .. 450 Walnut Avenue Eaton,CO 80615 Phone-(970)454-3322(John) Phone-(312)831-2046(Jim) Fax-(970)454-2'826 ohu) ZtnMay 12, 1999 Weld County Ambulance Service LIY FAX Greeley, CO (1-970- ) 352. -901S RE: Folios-ad Planned Unit Development -Avery Acres Attn: NU. Gary McCabe As stated in the voicemail left for you today we are in the process creating a 5 residential unit Planned.Unit Development on our agricultural property northeast of Greeley- The Weld County planning process has asked us to get confunaation that your fwill be able to provide ambulance service to these properties The development will be ou the east side of Weld County Road#43 between WCR#70 and #72, A gravel access mad will be constructed,per Weld County standards,from WCR#143 to the five residential lots A.s a part of this poject we have removed 2 other houses from our property, where 2 families used to live, so the net number of new homes is actually only 3. We would appreciate it if you could provide us with confirmation that your service will be able to provide ambulance service to this development,just as you are doing for the many new property developments in Weld County. If you could sign this letter below and return it by fax to the number shown above we would appreciate it. Thanks in advance for your help! 1 elyyots,• � utter John Sutter TO: Weld County Planning Dept. Attn. Ms, Sherry Lokman We co that we will provide ambulance service to the PUD referenced above. Signed: i-ts,„ Date:5 1 Le-431 ** TOTAL PAGE.001 ** Restrictive Covenants - 'Avery Acres' Planned Use Subdivision: The 'Avery Acres' Planned Use Subdivision (PUD) will consist of 5 individual residential lots located on sites of 2 - 3 acres. These 5 residential lots will be part of a large PUD including an additional large agricultural outlot. All development on these residential sites must be done in such a manger so as to encourage preservation of the site's natural characteristics and scenic features. The following restrictive covenants will apply to initial, and subsequent, owners of any of the residential lots within the'Avery Acres' PUD. These covenants are legally binding and may be enforced by a court of law through action brought about by either governmental agencies or other interested parties (other residents of'Avery Acres', owners of adjacent farm property, etc.) These covenar.ts will become a part of the final plat and are to be regularly enforced by the Weld County Authorities, where applicable, or by legal action brought about by the Association itself or other interested parties as outlined above. Road Association: A road association is to be formed among the 5 residential property owners in 'Avery Acres' and the owner of the non-buildable agricultural outlot. The purpose of this association will be to fund maintenance on the roads, determine whether improvements are necessary, determine whether snow plowing needs to be arranged, pay for landscaping, etc. This association will also be responsible for maintaining/mowing grass/landscaping on the areas adjacent to the roads (west side -where new planting will be done). All 6 property owners must have an equal vote in all decisions and share equally in the expenses of this road association. In the case of a tie vote the owner of the agricultural outlot will cast the deciding vote. The liabilities which property owners in 'Avery Acres' have to this association are legally binding and it is agreed that a lien can he attached to property as required to collect past due assessments. This association is to meet at least once per year to conduct business, elect a Chairperson (must be one of the registered land owners in 'Avery Acres' or the owner of the outlot), agree on the amount of annual assessment, etc. Notes are to be kept and held by the Chairperson with each registered owner in 'Avery Acres', and the owner of the agricultural outlot, having the right to receive a copy of same. It is hereby stipulated that until there are at least 3 residential lots sold the owner of the agricultural outlot will automatically be appointed Chairman of this Association. Dwelling/buildings: There is to be one dwelling built on each residential lot. The construction must be done using new materials and following normally accepted construction methods. The dwelling must have at least 1550 square feet of interior living space on the ground floor excluding garage space, covered porches and covered patios. The exterior of the dwelling shall be either masonry or wood siding with the color painted or stained an earth tone. The roof is to be either wood shingles or an earth tone colored asphalt shingle. Any garage or other outbuilding constructed on the lot must have the same exterior finish/color as the dwelling. No prefabricated buildings or mobile homes are allowed on the property at anytime. No signs aside from small name and address signs are allowed anywhere within Avery Acres. continued on next page Page 2: Restrictive Covenants - 'Avery Acres' Planned Use Subdivision: Electricity„Telephone, Cable TV, etc.: Any cables used to provide these or other similar services must be buried underground following burial procedures which meet Weld County code regulations. All "feed" cables coming from Weld County Road 43 are also to be buried. Satellite Dishes/Antennas: Satellite dishes are allowed provided there is not more than one on each lot and the diameter of the dish does not exceed 6 feet. It is the lot owners responsibility to place the satellite dish in the least offensive (to neighbors) location possible. Under no circumstances can a satellite dish be installed on the west side of the dwelling. Antennas for radios, televisions, etc. are not to be more than 3 feet taller than the tallest point: of the residence on the lot. Landscaping_ It is the intent that be site's natural characteristics will be maintained or re-established. Therefore each lot owner will be required to plant native vegetation on their land, which is not adjacent to their home or which has not been planted as irrigated lawn. The potential native vegetation is dominated by blue grama or buffalo grass. Several mid grasses, such as western wheatgrass and needleandthread, are also present. Seeding will be required to develop or improve the stand - sideoats grama, little bluestem, western wheatgrass, blue grama, pubescent wheatgrass and crested wheatgrass are all suitable for seeding. Seeding early in the spring is said to be most effective. Windbreaks and environmental planting of trees and shrubs is encouraged and required. !E',ach landowner will be required to plant a shrub/tree windbreak running east-west along a line not less than 10 feet inside the northern border of their property. It is not necessary to extend along the entire northern edge of the lot but at least 50%must be covered with trees/shrubs planted in a normal windbreak density. The objective of this is to create natural breaks between properties and, over time, develop a favorable habitat for wildlife. Trees that are best suited are Rocky Mountain juniper, eastern redcedar, ponderosa pine, cherry, hawthorn, oaks and hackberry. Shrubs that are best suited are skunkbush sumac, lilac, Siberian peashrub, chokecherry, misc. currant, serviceberry, cotoneaster, sumac, wild rose. wild grape, buffalo berry and American plum. It is the responsibility of the lot-owner to use these recommended trees/shrubs in their windbreak planting. Adjacent to each dwelling the property owner is to plant, develop and maintain a neat, tidy irrigated lawn of bluegrass. It is also expected that some trees will be planted around the dwelling to provide shade over the years. Cultivation 1:0 control competing vegetation should be done for as many years as required following planting of the natural grasses, the windbreak and the lawn. Should weeds become unsightly (12 inches tall or more) on any residential lot the County willl be authorized to remove said weeds and charge the landowner for these services. Should the County, at some time in the future, not be in a position to enforce these covenants then the Avery Acres Road Association shall become authorized to do so hiring outside contractors to perform necessary services and charging the offending lot owner accordingly. continued on next cage Page 3: Restrictive Covenants - 'Avery Acres' Planned Use Subdivision: Motor Vehicles/Campers/Trailers: Motor vehicles are to be kept in a garage. Visitors may park motor vehicles in the driveway but lot-owners are not allowed to store extra vehicles anywhere on their property. Any camper, trailer or boat parked on the property must be covered with a proper canvas or tarpaulin cover and parked in the least offensive (to neighbors) location possible(not on the west side or front of the property). A maximum of one camper, trailer or boat may be parked on the property at any one time, unless parked inside a garage. Fences: Any fences built on the property are to be built from wood or PVC and in a style so as to ensure compatibility with the natural look of the dwelling. Only natural colored stain may be used as a surface covering. It is the landowners responsibility to ensure that regular maintenance is done including resurfacing, if the fence is originally stained. A design that will allow free passage of wildlife should be used -the Division of Wildlife can provide information on this - as a rough guideline on a split rail fence this means the bottom rail should be at least 16 inches off the ground and the top rail no higher than 40 inches. Animals: Lot-owners may keep a maximum or 3 dogs or cats on their property but these must be. kept tethered or confined and at no time allowed on other owners property. The pets must be licensed as per Weld County laws. Farm animals such as cattle, pigs, sheep, goats, chickens, etc. are not allowed anywhere on the property. This list is understood not to be all inclusive and the limitation is understood to apply to any animal beyond a cat or dog with the exception of the horse allowance listed below. (Llama, Alpaca, Ostrich, and all similar type animals are understood not to be allowed.) Horses may be kept on the property provided a wooden corral is constructed. Any buildings or fences constructed for horses must meet the requirements laid out in these covenants. The horses are to be fed hay in their corral as their main food source, light grazing periodically on the rest of parcel is allowed but it is the responsibility of the lot-owner to restrict the horse's movement to prevent overgrazing. No more than 2 adult horses may be on the properly at anytime. Home Trash: All home trash must be contained in raccoon proof containers. If dumpsters are used the lids should be closed and secured to prevent wildlife or the wind from spreading the trash. Failure to Maintain Property or other violations of these covenants: Should any lot-owner violate any of these covenants either with initial construction or over time through neglect or lack of maintenance work, it is the right of other property owners, including the owner of the adjacent agricultural outlot, to take the issue to Weld County Officials, or the cot.rts, and have them enforce these covenants. It is expected that this will result in an injunction instructing the property owner to follow the rules spelled out in these covenants. If the lot-owner does not then comply the Court can appoint a 3rd party to make the changes necessary and put a lien on the violator's property to collect the cost of the same. continued on next page Page 4: Restrictive Covenants- 'Avery Acres' Planned Use Subdivision: Hunting: No hunting shall be allowed on the residential outlots or the roadway leading to the residential outlets al any time. Target practice using BB-guns is allowed so long as anyone firing the gun has proper Hunter Safety Training and a proper target is used. Hunting on the agriculture outlot may be done only with express written permission of the owner of the agricultural outlot. Irrigation Water: There is an irrigation ditch on the east side of the residential lots. This ditch is for the primary use of the owner of the agricultural outlot and they have an easement for this purpose. The owners of the agricultural outlot will provide irrigation water to the lot-owners during the spring river water run and again during the summer when adequate water is available. In addition residential lot owners may purchase, or rent, water rights from the ditch company for their use. It is hereby agreed that the owner of the agricultural outlot shall cooperate with the residential lot owners when they want to use this irrigation system, and exercise all reasonable effort to allow the residential lot owners adequate access to this facility. It is further agreed that the residential lot owners will not use the irrigation facilities without the persmission of the owner of the agricultural outlot. Duty to Infirm Future Residential Lot Owners: As a development standard for Avery Acres the existing agriculture outlot owners are required to inform potential owners of the residential lots of the following information: "There is an aerial crop dusting facility located approximately 1000 feet northeast of the northern boundary of Avery Acres. This airport is legally permitted to operate through Use by Special Review Permit #814 and is eligible to apply for expansion. Substantial noise my be created in association with its operation." This same information will be included in the final plat of Avery Acres. Road Use: Owners and/or operators of agricultural outlot A will have unlimited access to Avery Drive for agricultural related activities. Tenure of these Covenants: These covenants have been developed by the original owners and developers of Avery Acres and are to remain in force in perpetuity. Any lot-owner, whether original or a re-purchaser, agrees through their purchase of a lot in Avery Acres to abide by these restrictive covenants. ign hn Avery Sutter Jam ed Sutter / CarcHri Mag itrson Sutter J nnifer Sears Sutter Dated: March 8, 1999 (II0 n it Avery Farms c/o: John/Jim Sutter 800 Hawkstone Drive, #27 Eaton, CO 80615 Phone: (970)454-3322 (John) Fax: (970)454-2594 RE: Avery Acres Planned Unit Development: Streets/Off-Site Improvements In discussion with Don Carrol of the Weld County Public Works department we have become confident that the information required for these items is included within our Final Plat map. This map includes the specifications for the access road for the proposed PUD. We appreciate his efforts in understanding our project and the unique characteristics it includes Please see the Final Plat and the memo from Short and McRae specifically with regard to drainage. Sincerely, Jim Sutter CC: John Sutter Oc3) Avery Farms c/o: John and Jim Sutter 800 Hawkstone Drive, #27 Eaton, CO 80615 Phone: (970) 454-3322 (John) Phone: (312) 831-2040 (Jim) Fax: (970) 454-2594 March 8, 1999 Ms. Sheri Lokman, Current Planner Weld County Planning Department 1400 17th Avenue Greeley, CO 80631 Subject: Z-516 - Avery Acres Planned Unit Development Dear Ms. Lokman, As a part of the PUD Final Plan application we need to submit a construction schedule and a statement describing how the project will be financed. Both of these things are contained below: Construction Schedule: Obviously the schedule depends upon when we receive final approval from the County but let's assume that is granted by May 1, 1999. Activity: Completion date: Road Construction May 31, 1999 l:araiscape Flan planting Summer, 1999 Sale of Lots ongoing Financing Plan: • The land is owned free and clear by the developers. The estimated cost iuf the road, storm drainage and landscaping is $20,000. We have an agreement with NWCWD whereby they will make domestic water available to each lot at a maximum cost of$'25,000 to the developers.The water tap and septic systems will be installed prior to building but after the sale of the lots and the cost of these will be borne by the residential lot owners. Electricity and telephone lines will be installed when the first lots are sold and estima:ed cost of this is $10,000. This total developing cost of$55,000 will be paid either from cash on hand or from a line of credit supplied by Union Colony Bank in Greeley. There will be no-tlood.plain protection necessary. nc ely�ours, J S tt cc: John Sutter Avery Farms c/o: John and Jim Sutter 800 Hawkstone Drive, #27 Eaton, CO 80615 Phone: (970) 454-3322 (John) Phone: (312) 831-2040 (Jim) Fax: (970) 454-2594 March 15, 1999 Ms. Sheri Lokman, Current Planner Weld County Planning Department 1400 17th Avenue Greeley, CO 80631 Subject: Z-516 - Avery Acres Planned Unit Development - Final Plan Application Dear Ms. Lokman, This letter is to serve as a statement confirming that our proposed PUD Final Plain is in compliance and meets all criteria as set forth in the Change of Zone. This project calls for the creation of a PUD (planned unit development) allowing for 5 residential lots and I agricultural outlot on the Avery Farm. The agricultural outlot will be "non-buildable". This project follows the Weld County Planning Department's objectives of allowing for development while continuing to recognize the importance of Agriculture in Weld County. We are putting this land to its highest and best use through this development. Our objective is to get permission to develop five 2.5 acre residential lots on the hillside at the east side of the property-this is land which today is marginal farmland but we think would make beautiful homesites due to its western facing slope and the mountain views. The access would be off WCR#43 utilizing an existing driveway. This farm has been owned by the same family for three generations and the plan is that it will be held by them forever. Therefore we have designed strict covenants which will ensure the PUD is tastefully done focusing on returning this marginal farmland to its natural prarie condition, planting trees for windbreak and privacy reasons and ensuring all improvements meet certain minimum criteria. As staled above it is our intention to have the balance of this farm remain in our Family forever. We see this transfer of marginal farmland to beautiful homesites as a transfer toward highest and best use for this land. We are planning to have the ancestors of the Avery family involved in farming in this area, in a growing way, over the coming years and see this shift of assets as one means of accomplishing this. We believe that our ancestors would have been in favor of this step. Thanks to you Sherry for all the help you have provided to us as we have moved through this approval process. We look forward to having it finalized in the near future. Sincerely yours, . h A�y tter Jaf�es Ted. Sutter LANDSCAPE PLAN DESCRIPTION The ground cover immediately west of the road will consist of natural grasses as recommended in the covenants. The potential native vegetation is dominated by blue grama or buffalo grass. Seeding will be required to improve the stand on this area because of grading and the elevation differences. Sideoats grama, little bluestem, western wheatgrass, blue grama, pubescent wheatgrass and crested wheatgrass are all suitable for seeding. Trees will be planted on the north side of the entrance from Weld County Road 43. The;✓ will be used as a buffer to the oil & gas battery. Trees that are well suited are Rocky Mountain Juniper, eastern red cedar, ponderosa pine, cherry hawthorn, oaks and hackberry. Trees planted will be six to eight feet tall for evergreens and ten to fifteen feet tall for deciduous trees. Hello