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Home My WebLink About20252778.tiff Resolution Approve Improvements and Road Maintenance Agreement According to Policy Regarding Collateral for Improvements, Authorize Chair to Sign, and Accept Collateral for Minor Subdivision Final Plan, MINF24-0001, for Five (5) Lots with 1-2 (Medium Industrial) Zoning — Daniel and Debra Baker Whereas, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and Whereas, on the 29th day of January, 2025, the Weld County Board of County Commissioners conditionally approved the application of Daniel and Debra Baker, 32776 Vista Lake Road, Greeley, Colorado 80631, for a Minor Subdivision Final Plan, MINF24-0001, for five (5) lots with 1-2 (Medium Industrial) Zoning on the following described real estate, to wit: Lot B of Recorded Exemption, RE-4059; being part of the S1/2 SE1/4 and the S1/2 S1/2 N1/2 SE1/4 of Section 11, Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado Whereas, pursuant to certain Conditions of Approval, the Board of County Commissioners has been presented with an Improvements and Road Maintenance Agreement According to Policy Regarding Collateral for Improvements, between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Daniel and Debra Baker, with further terms and conditions being as stated in said agreement, and Whereas, the Board has been presented with project collateral procured in the form of cashier's check #1714611, issued by Credit Union of Colorado, 8959 East 40th Avenue, Denver, Colorado 80238, in the amount of$138,600.00, and Whereas, after review, the Board deems it advisable to approve said agreement and accept said cashier's check, as stated above, copies of which are attached hereto and incorporated herein by reference. Now, therefore, be it resolved by the Board of County Commissioners of Weld County, Colorado, that the Improvements and Road Maintenance Agreement According to Policy Regarding Collateral for Improvements between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Daniel and Debra Baker, be, and hereby is, approved. Be it further resolved by the Board that project collateral in the form of cashier's check #1714611, issued by Credit Union of Colorado, 8959 East 40th Avenue, Denver, Colorado 80238, in the amount of $138,600.00, be, and hereby is, accepted. Be it further resolved by the Board that the Chair be, and hereby is, authorized to sign said agreement. 3051514 Pages: 1 of 34 Cc:pL(UE/111J/DiA/STM/KR) 2025-2778 10/27/2025 10:40 AM R Fee:$0.00 Carly Koppe®, Clerk and Recorder, Weld County , CO 11/2.1/25 PL2776 ��kir rR'thalliniaill i WAYAII IMIL OAlyi 11111 Improvements and Road Maintenance Agreement According to Policy Regarding Collateral for Improvements, and Collateral for Minor Subdivision Final Plan, M1NF24-0001 — Daniel and Debra Baker Page 2 The Board of County Commissioners of Weld County, Colorado, approved the above and foregoing Resolution, on motion duly made and seconded, by the following vote on the 13th day of October, A.D., 2025: Perry L. Buck, Chair: Aye ,0r� ., Scott K. James, Pro-Tern: Excused �►!" I111,4� Jason S. Maxey: Aye /' °IL 0 ler:Lynette Pe ' ° Y pp Ay e Y 00 f�`�`,. Kevin D. Ross: Aye 'n;, Approved as to Form: i ' ,,�►i' Bruce Barker, County Attorney Attest: Esther E. Gesick, Clerk to the Board 5061514 Pages: 2 of 34 10/27/2025 10:40 AM R Fee:$0.00 Carly Koppel, Clerk and Reoorder, Weld County , CO III I ��J�41 �4 a14�Ll:I��INN ' %.' 'I1F.MIMI 11111 2025-2778 PL2776 Co v\Ivcc,cic ' D q 9 lc MEMORANDUM 1861 TO: Clerk to the Board DATE: September 30, 2025 IHN ;1 C FROM: Jazmyn Trujillo-Martinez,Planning Services Dept. _GOUNT-Y� I SUBJECT: BOCC Agenda Item—Approve Improvements and Road Maintenance Agreement and Accept Collateral For: Daniel and Debra Baker—MINF24-0001 Request to Approve Improvements and Road Maintenance Agreement and Accept Collateral: The Department of Planning Services received a request from the applicant, Daniel and Debra Baker, requesting that the Board of County Commissioners consider approving the Improvements and Road Maintenance Agreement for(MINF24-0001). Collateral in the amount of$138,600.00 is required with this agreement. Collateral has been provided in the form of a cashiers check, check number 1714611, issued by Credit Union of Colorado. Warranty Collateral is being provided as work has been completed. Warranty Collateral is required to be held for the duration of the two-year warranty period. Weld County Planning Services, Public Works, and the County Attorney's Office have reviewed the above mentioned signed original document and observed the following: • All Public Works related items, of the"Improvements&Road Maintenance Agreement According To Policy Regarding Collateral For Improvements", are found to be acceptable. • This Agreement complies with the terms of the Minor Subdivision Permit Resolution, as signed by the Board of County Commissioners. Recommendation: The Departments of Planning Services, Public Works, and the County Attorney's Office are recommending approval of the Improvements&Road Maintenance Agreement According To Policy Regarding Collateral For Improvements and acceptance of collateral for MINF24-0001, and that this item be placed on the next regularly scheduled BOCC Hearing, as part of the Regular Agenda. cc: Dawn Anderson, Planning Services 2025-2778 10/13 P L1T 1(o IMPROVEMENTS& ROAD MAINTENANCE AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS Daniel and Debra Baker—MINF24-0001 THIS AGREEMENT is made this ‘ day of OC)o iir , 202 6, by and between Daniel and Debra Baker, whose address is 32776 Vista Lake Road, Greeley, Colorado 80631, hereinafter referred to as "Property Owner," authorized to do business in the State of Colorado, and the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 1150 "0" Street,Greeley, Colorado 80631 hereinafter referred to as"County." WITNESSETH: WHEREAS, Property Owner is the owner of the following described property in the County of Weld, Colorado: Lot B of Recorded Exemption,RE-4059;being part of the S1/2 SE1/4 and the S1/2 S1/2 N1/2 SE1/4 of Section 11, Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado hereinafter referred to as"the Property,"and WHEREAS, Property Owner has received Board of County Commissioner approval of MINF24-0001 for five(5) lots with I-2 (Medium Industrial)Zoning, and WHEREAS, Property Owner acknowledges that the final approval of MINF24-0001 is conditional upon Property Owner's funding and construction of the on-site and off-site improvements described in this Agreement and depicted in the following incorporated exhibits: Exhibit A-1—Off-Site Improvements Costs of Construction, Exhibit B-1—Off-Site Improvements Construction Schedule, Exhibit A-2—On-Site Improvements Costs of Construction, Exhibit B-2—On-Site Improvements Construction Schedule, Exhibit C—Construction Plans, Exhibit D—Plat Map, and WHEREAS,Property Owner acknowledges no building permits will be issued for any lot described in MINF24-0001 until said improvements have been completed and accepted by County,and WHEREAS, Property Owner acknowledges that pursuant to the provisions of Weld County Code Sec. 27-8-60 and 24-6-80, if no construction has begun or no use established within three (3)years of the date of the approval of the final plan or plat,the Board of County Commissioners may require the Property Owner to appear before it and present evidence substantiating that the development has not been abandoned, and that the Property Owner has the willingness and ability to continue development, and WHEREAS, the parties agree that the Property Owner shall provide collateral for all on-site and off-site improvements required by this Agreement when the Board of County Commissioners approves this Agreement. NOW,THEREFORE,IN CONSIDERATION OF the foregoing and of the promises and covenants contained herein, the parties hereto promise,covenant, and agree as follows: 5061514 Pages: 3 of 34 10/27/2025 10:40 AM R Fee:$0.00 NF24-0001 -ONSIA25-0001 Carly 'Kappa', Clerk and Reorder, Weld County , CO a 11111 drillir'1I 'f411'hl 1610Ilih�ci rlI Hall'IIti 11111 1 of 12 00 9 5 - 1 a. PART 1: SITE SPECIFIC PROVISIONS A. Off-Site Improvements: The Property Owner shall be responsible for the construction of certain off-site safety improvements required by the Board of County Commissioners,which may include,but are not limited to construction of adequate turning radii of sixty-five (65) feet at the main entrances and exits which extend into county road ROW connecting to the county road system, and off-site drainage and signage installations,as indicated on the accepted Exhibits.On-Site improvements that create more run-off than the historical amount may require off-site drainage improvements to roads and ROW. Additional Off-Site Improvements to be constructed prior to operation are: 1) Design and construct an approved, upgraded paved access road intersection with Weld County Road 46. Providing all construction materials and meeting the Weld County Code specifications and CDOT specifications for Road and Bridge Construction, beginning with a county approved tie-in at the approved minor subdivision entrance and Weld County Road 46. 1.0 Road Improvements Responsibilities. Property Owner is solely responsible for all the off-site designated improvements. These responsibilities may include but are not limited to the following: design, surveys, utility locates, acquisition of ROW, if necessary, dedication of ROW, if necessary, ROW and Access Permits and fees, coordination with oil and gas operators and facilities and affected irrigation facilities,and utilities,traffic control,and project safety during construction. Property Owner shall obey all applicable regulations issued by OSHA, CDOT, CDPHE, and other federal, state, or county regulatory agencies. 2.0 Cost of Construction Exhibit.The cost of construction estimates(engineer's estimate)as identified in Exhibit A-1 detail the costs used in determining the collateral requirement for the off-site improvements related to the development. A registered Colorado Engineer must sign and stamp the construction cost exhibit on Exhibit A-1. If more than three (3)years have passed since the last construction cost estimate was provided, the Property Owner shall provide an updated construction cost estimate prior to the start of construction. 3.0 Construction Schedule Exhibit. Exhibit B-1 is provided by the Property Owner indicating the construction schedule for all off-site improvements, including an anticipated completion date. Property Owner shall not commence construction of any improvements, record plat, or receive any permitting prior to approval of the of this Agreement, the attached Exhibit C. receipt of the appropriate Grading Permit, Access Permit, and/or ROW Permit, if applicable. Property Owner shall substantially complete all improvements in accordance with Exhibit B-1 in order to request the warranty period begin. In the event that the construction schedule is not current, the Property Owner shall submit a revised construction schedule. 4.0 Off-site Improvements Collateral. As required, collateral is accepted and released by the Board of County Commissioners pursuant to the Weld County Code. Additional information about collateral is outlined in Part II.B of this Agreement. 5.0 As-Built Plans. "As-built" plans shall be submitted at the time the letter requesting release of collateral is submitted or once the Property Owner has completed improvements as described in Part II.B, Subsection 3.2.3, of this Agreement. Property Owner shall also provide an electronic copy of the as-built drawings. The as-built drawings shall be stamped, signed, and dated by a licensed and registered Professional Land Surveyor or Professional Engineer. 5061514 Pages: 4 of 34 F24-0001 ONSIA25-0001 10/27/2025 10:46 AM R Fee:$0.00 Carly Koppel, Clerk and Recorder, Weld County , CO >f12 1111 kir inIhilli Ii Lrh YE0+6'a i1nal•Akii 11111 B. On-Site Improvements: Property Owner shall be responsible for the construction of all On-Site Improvements as shown on the accepted Exhibits of MINF24-0001. Improvements located on the Property shall be considered"On-Site Improvements." Additional On-Site Improvements to be constructed prior to operation are: 1) Design and construct an approved paved internal roadway. Providing all construction materials and meeting the Weld County Code specifications and CDOT specifications for Road and Bridge Construction. 2) Installation of underground utilities and fire hydrants for the benefit of the minor subdivision as designed and accepted by the corresponding utility companies, in accordance to Weld County Code Chapter 8-2-60.E. 1.0 On-Site Improvements Responsibilities. Property Owner is solely responsible for all designated improvements. These responsibilities include but are not limited to the following, as applicable: design, surveys,utility locates,dedication of ROW, if necessary, ROW acquisition, if necessary, ROW and Access Permits and fees,coordination with oil and gas operators and facilities and affected irrigation facilities and utilities, traffic control, and project safety during construction. Property Owner shall at its own expense, plant, install and/or maintain all grass and other landscaping and re-seeding where applicable as shown on the accepted Exhibits.Additionally,the Property Owner shall install and/or maintain fencing to screen the property where applicable as indicated on the accepted Exhibits. Property Owner shall obey all applicable regulations issued by the Occupational Safety and Health Administration (OSHA), Colorado Department of Transportation (CDOT), Colorado Department of Public Health and Environment(CDPHE), and other Federal, State, or County regulatory agencies. 2.0 On-Site Grading, Drainage Facilities and Paving. Property Owner shall, at its sole expense, grade and/or pave, if applicable, specified roadways,accesses,easements,and parking areas,and install accepted drainage and signage components, adjacent to or within the interior portion of the property in accordance with the directives of the Weld County Department of Public Works and Department of Planning Services, as further described in the accepted Exhibits. Any other on-site improvements shall be completed as indicated on the accepted Construction Plans for this facility. Property Owner shall be responsible for all maintenance of the on-site improvements. Some of these improvements may include work extending into State or County ROW in which case a ROW or access permit is required. 3.0 Cost of Construction Exhibit.If applicable,A registered Colorado Engineer or equivalent must sign and stamp the construction cost estimate on Exhibit A-2. If more than three(3)years have passed since the last construction cost estimate was provided,the Property Owner shall provide an updated construction cost estimate prior to the start of construction. 4.0 Construction Schedule Exhibit. Exhibit B-2, provided by the property owner indicates the construction schedule for all on-site improvements, including an anticipated completion date. Property Owner shall not commence construction of improvements prior to approval of this Agreement, including the attached Exhibits, and receipt of the appropriate Grading Permit, Access Permit, and/or ROW Permit, if applicable. Property Owner shall substantially complete all improvements in accordance with Exhibit B-2 in order to request the warranty period begin. In the event that the construction schedule is not current, the Property Owner shall submit a revised construction schedule. 5.0 On-site Improvements Collateral. Collateral is accepted and released by the Board of County 5061514 Pages: 5 of 34 i001 -ONSIA25-0001 10/27/2028 10:48 AM R Fee:60.00 Carly Koppel, Clerk and Reoorder, Weld County , Co Bill r.rRJ1I �i'r .r 'IliI.«INFA:Wl+A'hi 11111 Commissioners pursuant to the Weld County Code. In order to receive partial or full release of collateral, Property Owner must contact either the Planning Department who conducts inspections for all on-site improvements, and/or the Public Works Department who conducts inspections for all off-site improvements. If all improvements are determined to be in accordance with this approved agreement, the Property Owner may submit either new or revised collateral documentation to the Public Works Department. Then Public Works submits the documentation to the Clerk to the Board's office, for the request to be placed on the BOCC agenda. Additional information about collateral is outlined in Part II.B of this Agreement. 6.0 As-Built Plans. "As-built" plans shall be submitted once the Property Owner has completed improvements as described in Part II.B, Subsection 3.2.3,of this Agreement. Property Owner shall provide an electronic copy of the as-built drawings. The as-built drawings shall be stamped, signed, and dated by a licensed and registered Professional Land Surveyor or Professional Engineer. C. Maintenance Requirements: 1.0 Property Owner shall be responsible for maintaining all common elements, including on-site "internal" roadways and drainage features within the PUD. Property Owner shall also be responsible for certain maintenance requirements related to the following designated County Roads(the"travel routes"): 1) East and west on County Road 46 between County Road 31 and Highway 85. 2.0 Repair. Property Owner shall be financially responsible for its proportional share of excavation, patching, and pavement repair on designated travel routes. The amount and extent of repair will be determined by site-specific conditions at the time, as determined exclusively by County personnel. 3.0 Repair of Road. On or before December 31, of the calendar year in which County staff has determined through site analysis and/or pavement testing that a particular haul/travel route road portion will require paving measures in order to protect the public health, safety, and welfare, and the County has budgeted sufficient funds for the following calendar year to pay its share of the Off-Site Improvement/Repair Costs, County shall notify Property Owner in writing that the Off-Site Improvements/Repairs shall be undertaken. Within ninety(90)days of its receipt of County's notice of the need to undertake the road maintenance repairs and/or improvements,Property Owner shall submit Off-Site Construction Plans and Cost Estimates to County for review. Property Owner shall have sole responsibility for the completion of the repairs and/or improvements on or before December 15, of the year following County's notice of the need for repairs. 3.1 In County's sole discretion, County may undertake the repairs and/or improvements. Property Owner's payment for its Proportionate Share of the road repairs/improvements will be calculated as determined in this Agreement. Property Owner will be invoiced accordingly for those proportional share costs. 4.0 Calculation of Property Owner's Proportional Share of Costs. For costs which under this Agreement which are not the sole expense of the Property Owner,the County shall notify Property Owner of County's preliminary determination and assessment of Property Owner's proportional share of costs of maintenance and/or repair to the travel routes. Prior to County's final determination and assessment,County shall provide Property Owner with a reasonable opportunity to review, comment upon and supplement County's data,collection methodology,and determinations.The County shall review and consider Property Owner's input prior to making a final determination and assessment. The County shall have sole responsibility for determination of Property Owner's proportional share of costs. Property Owner agrees to pay such proportional share of costs within 90 days of receiving an invoice from County. 5081514 Paws: 8 of 34 10/27/2026 10:46 AM R Fee:$0.00 )001 ONSIA25-0001 Carly Koppel, Clerk and Recorder, Weld County , CO ��IIPAIVWI "SIM't gnitilnilPbliai h II III 5.0 Annual Road Inspection. County may conduct a road inspection annually with the cooperation of Property Owner and all other Property Owners and/or Lessees who are required by County to participate in road maintenance agreements for the travel routes designated in this Agreement. As a result of the annual inspection,County,in its sole discretion,shall determine actual conditions and shall further determine what road repair and/or maintenance work is to be performed during that construction season.Notification to the Property Owner of the required roadway repairs will be given as soon as the data become available. 6.0 Notification. The County shall notify Property Owner of County's preliminary determination and assessment of Property Owner's proportionate share of costs of maintenance, repair, or improvements to Property Owner's designated haul/travel routes. Prior to County's final determination and assessment, County shall provide Property Owner with a reasonable opportunity to review, comment upon and supplement County's data, collection methodology, and determinations. The County shall review and consider Property Owner's input prior to making a final determination and assessment. PART 2: GENERAL PROVISIONS A. Engineering and Construction Requirements: 1.0 Engineering Services. Property Owner shall furnish to County, at its own expense,all engineering services in connection with the design and construction of the off-site improvements and all on-site drainage-related structures if required by any Municipal Separate Storm Sewer System (MS4) permit, identified on the accepted Construction Plans according to the construction schedule set forth in the construction schedule exhibits. 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. 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. 2.0 Rights-of-Way and Easements. Before commencing the construction of any off-site improvements herein agreed upon for public ROW or easements, Property Owner shall acquire,at its sole expense, good and sufficient ROW and easements made necessary for the improvements. The County will not exercise eminent domain on behalf of Property Owner. All such ROW and easements for the construction of roads to be accepted by the County shall be conveyed to the County on County-approved forms and the documents of conveyance shall be furnished to the County for acceptance with express written authority of the BOCC and recording. 3.0 Construction. Property Owner shall furnish and install, at its own expense,the improvements(and any drainage-related structures required by any MS4 permit) identified on the accepted Exhibits and shall be solely responsible for the costs listed on the cost of construction exhibits, with the improvements being completed also in accordance with the schedule set forth in the construction schedule exhibits. The Board of County Commissioners, at its option, may grant an extension of the time of completion set forth in construction schedule exhibits stated herein upon application by the Property Owner. Said construction shall be in strict conformance to the plans and drawings accepted by the County and the specifications adopted by the County. 4.0 Testing. Property Owner shall employ, at its own expense, a qualified testing company previously approved by the County to perform all testing of materials or construction; and shall furnish copies of test results to the County. If County discovers inconsistencies in the testing results, Property Owner shall employ at its expense a third-party qualified testing company approved by County. Such third party shall furnish the certified results of all such testing to the County. At all times during said construction, the County shall have the right to test and inspect material and work, or to require testing and inspection of 5081514 Pages: 7 of 34 t-0001 -ONSIA25-0001 10/27/2025 10:46 AM R Fee:$0.00 2 Carly Koppea, Clerk and Recorder, Weld County , CO ��FidLIl4 r',M101I' 11,134111 'E' ki Oki 11111 material and work at Property Owner's expense. Any material or work not conforming to the approved plans and specifications, including but not limited to damages to property adjacent to the construction plan area shall be repaired, removed, or replaced to the satisfaction of the County at the expense of Property Owner. 5.0 Construction Standards. Design and construction of all off-site improvements shall conform to the current version of CDOT's "Standard Specifications for Road and Bridge Construction" and the Weld County Engineering and Construction Criteria. 6.0 Traffic Control. Prior to any construction in County and/or State ROW, and as a condition of issuance of any ROW or Access Permit,the Property Owner shall submit a traffic control plan for County review. During construction,appropriate safety signage shall be posted in accordance with the then-current version of the Manual of Uniform Traffic Control Devices. B. Collateral: 1.0 General Requirements for Collateral. Property Owner shall provide to County collateral to guarantee all of Property Owner's obligations under this Agreement: (1)Project Collateral is required for completion of certain on-site and all off-site improvements as applicable, as described in this Agreement; and(2) Warranty Collateral is required for all off-site improvements during the two-year warranty period. 1.1 Project Collateral shall be submitted to guarantee completion of certain on-site and all required off-site improvements identified in the Exhibits. Project Collateral must be submitted in an amount equal to 125%of the value of the improvements,as calculated in the cost of construction exhibits. Project Collateral must be submitted at the time of execution of the Agreement, unless otherwise directed by the Board of County Commissioners. In the event that Property Owner fails to adequately complete the required improvements, County may, in its sole discretion, access Project Collateral for the purpose of completing such improvements.It may be necessary to provide additional collateral in the event the cost estimate is older than three(3)years.NO WORK SHALL COMMENCE UNTIL PROJECT COLLATERAL HAS BEEN SUBMITTED AND ACCEPTED BY THE COUNTY. 1.2 Warranty Collateral shall be submitted and held by the County until release after the two- year warranty period following the County's initial approval of the improvements. Warranty Collateral shall be in an amount equal to 15%of Project Collateral.In the event that Property Owner fails to adequately complete or repair improvements during the warranty period, County may, in its sole discretion,access Warranty Collateral for the purpose of completing such improvements. 2.0 Form of Collateral. Collateral may be in the form of a letter of credit, a surety bond, or a cash deposit, subject to the requirements and restrictions of section 8-2-40 of the Weld County Code, as that section may be amended from time to time. 3.0 Release of Collateral. Collateral shall be released in accordance with section 8-2-30 of the Weld County Code. For collateral release, the Planning Department conducts inspections for on-site improvements, and the Department of Public Works conducts inspections for off-site improvements. 3.1 Timing of Release. Project Collateral may be released upon completion of all improvements required by the Exhibits after initial approval by the County. Warranty Collateral shall be withheld by County from and at the time of release of Project Collateral or may be submitted separately by Property Owner. Warranty Collateral may be released upon the approval of the County at the end of the two-year warranty period. Road Maintenance Collateral may be 5081514 Pages: 8 of 34 ;4-000t oNSIA25 000t 10/27/2025 10:46 AM R Fee:$0.00 Carly Koppel, Clark and Reoordar, Weld County , CO 12 IIIII killidinfWANINIAliAlINELJIMIlt4illyi, 11111 withheld from and at the time of release of Warranty Collateral or may be submitted separately by Property Owner. 3.2 Request for Release of Collateral. Prior to release of collateral by Weld County for the entire project or for a portion of the project, the Property Owner must present a Statement of Substantial Compliance from an Engineer registered in the State of Colorado. The Statement of Substantial Compliance shall state that the project or a portion of the project has been completed in substantial compliance with accepted plans and specifications documenting the following: 3.2.1 The Property Owner's 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 accepted by Weld County. 3.2.2 For the improvements to public rights-of-way or easements, test results must be submitted for all phases of this project as per Colorado Department of Transportation (CDOT) Schedule for minimum materials sampling, testing and inspections found in CDOT Materials Manual. 3.2.3 "As-built" plans shall be submitted at the time the letter requesting release of collateral is submitted or at such time as the Property Owner has completed improvements as shown on the Exhibit C and/or Exhibit D and shall be stamped and approved by an Engineer registered in the State of Colorado, if an Engineer was initially required for the project. The Property Owner's 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 written acceptance from the County Engineer. 3.2.4 The Statements of Substantial Compliance must be accompanied,as applicable,by a letter of acceptance of maintenance and responsibility by the appropriate utility company, special district, or town for any utilities. 3.2.5 A letter must be submitted from the appropriate Fire Authority, if applicable, indicating the fire hydrants are in place in accordance with the approved plans.The letter shall indicate if the fire hydrants are operational and, if required by the County, state the results of fire flow tests. 3.3 County's Response to Request for Release of Collateral. Following a written request for release of collateral, County personnel will inspect the improvements as provided in this Agreement. Upon approval,the Board of County Commissioners may release said collateral. C. Acceptance of Improvements: 1.0 Acceptance of On-Site Improvements: Upon completion of construction of all required on-site improvements as described in the Construction Plans, Property Owner shall submit to the Weld County Department of Planning a Statement of Substantial Compliance and shall request inspection of the On-Site Improvements. County personnel shall then inspect the improvements. If the County determines the improvements were not constructed in accordance with the Construction Plans,the County shall direct the Property Owner to correct the deficiencies. If the County determines the improvements were constructed in accordance with the Construction Plans, the County shall approve the improvements and request the Board of County Commissioners authorize release of collateral for On-Site Improvements. 5081514 Pages: 9 of 34 10/27/2025 10:48 AM R Fee:$0.00 Carly Koppel, Clerk and Recorder, Weld County , CO -0001—ONSIA25-0001 1111ArilindliM1014111411011171MM Ykh 11111 ; 2.0 Acceptance of Off-Site Improvements: Upon completion of the off-site improvements, Property Owner shall contact the Weld County Departments of Planning Services and Public Works and request an inspection of such improvements. Upon request, County personnel will initiate the inspection, approval, and acceptance process. 3.0 Inspection,Approval, and Acceptance Process: 3.1 Upon completion of construction of all off-site improvements as described in the Construction Plans, Property Owner shall submit to the Weld County Department of Public Works a Statement of Substantial Compliance by Property Owner's Engineer along with "as-built" drawings as required in B.3.2.3, above, and shall request County inspection of the Off-Site Improvements. County personnel shall then inspect the improvements. If the County determines the improvements were not constructed in accordance with the Construction Plans,the County shall direct the Property Owner to correct the deficiencies. If the County determines the improvements were constructed in accordance with the Construction Plans,the County shall initially approve the Off-Site Improvements. 3.2 Two-Year Warranty Period. Such initial approval begins the two-year warranty period. Upon completion of the two-year warranty period, County Public Works personnel shall, upon request by the Property Owner, inspect the subject improvements, and notify the Property Owner of any deficiencies. If any deficiencies are discovered, the Property Owner shall correct the deficiencies. County personnel shall re-inspect the improvements after notification from the Property Owner that said deficiencies have been corrected. If the County personnel finds that the improvements are constructed according to County standards, he or she shall approve the improvements. Such final approval shall authorize the Property Owner to request the Board of County Commissioners to release the Warranty Collateral. 3.3 Placement of Improvements into Service Prior to County Approval. If requested by the Property Owner and agreed by the County,portions of the improvements may be placed in service when completed according to the schedule shown on the construction schedule exhibit, but such use and operation shall not alone constitute an approval or acceptance of said portions of the improvements. County may, at its option, issue building permits for construction for which the improvements detailed herein have been started but not completed according to the schedule shown on the construction schedule exhibit and may continue to issue building permits so long as the progress of work on the improvements is satisfactory to the County,and all terms of this Agreement have been faithfully kept by Property Owner. 3.4 The Board of County Commissioners does not accept any On-Site Improvements for maintenance purposes. On-Site Improvements may only be accepted as dedicated for public use. Maintenance of on-site improvements is the responsibility of the Property Owner or its successor, including the Homeowners' Association. The Board of County Commissioners does not represent or ensure the on-site improvements will be constructed and/or available for their intended use(s). The County does not and shall not assume liability for improvements designed and/or constructed by others. D. Permits: The Property Owner is required to apply for and receive all permits required by the County or any other applicable local, State, or federal permit, including but not limited to: 1.0 Access Permits. Property Owner shall not use any access onto any County Road unless and until an access permit has been issued by the Department of Public Works. Public Works may condition the issuance of an updated access permit on the amendment of this Agreement if the updated access permit 5061514 Pages: 10 of 34 10/27/2025 10:48 AM R Fee:$0.00 )001—ONSIA25-0001 Carly Kopp.', Clerk and Recorder, Weld County , CO 11111 MO/'M�I Rank 111111 authorizes the use of an additional access point,or if there is a change in use of the current access point, as permitted by Article XIV of Chapter 8 of the Weld County Code. 2.0 Right-of-Way(ROW) Permits. Per Article XIII of Chapter 8 of the Weld County Code, any work occurring within County ROW requires a ROW permit issued by the Department of Public Works.No work shall occur without said ROW permit. 3.0 Transport Permits.Per Article XV of Chapter 8 of the Weld County Code,a Weld County Transport Permit is required for Extra-legal vehicles using Weld County roadways to ensure the operation and movement of Extra-legal Vehicles and Loads occurs in a safe and efficient manner. E. Enforcement and Remedies: 1.0 Violation of Terms of Agreement. If in County's opinion, Property Owner has violated any of the terms of this Agreement, County shall notify Property Owner of its belief that the Agreement has been violated and shall state with specificity the facts and circumstances which County believes constitute the violation. Property Owner shall have fifteen (15) days within which to either cure the violation or demonstrate compliance. If, after fifteen (15) days have elapsed, County believes in good faith that the violation is continuing, County may consider Property Owner to be in breach of this Agreement. 2.0 Remedies for Breach by Property Owner. In the event that County determines that Property Owner has violated the terms of this Agreement, and has failed to correct said violation, County may exercise any or all of the following remedies,or any other remedy available in law or equity. 2.1 Access and Use of Collateral. County may access and use collateral to address the issues specific to the violation. For example,the County may access and use Project Collateral in order to complete improvements as required by the Construction Plans, when such improvements have not been completed in accordance with the Construction Schedule. 2.2. Withholding Permits. County may "lock" any or all lots within the Property, which precludes the continued issuance of building permits, zoning permits, septic permits, or any other permit issued by any department of the County. 2.3 Court Action. County may seek relief in law or equity by filing an action in the Weld District Court or Federal District Court for the District of Colorado,except that no such civil action or order shall be necessary to access collateral for the purpose of completing improvements as described above. 3.0 Termination of Agreement. This Agreement shall terminate upon the earliest of the following events: 3.1 Failure to Commence. County may terminate this Agreement upon or after revocation of the underlying land use approval under Weld County Code. However, County may still exercise all necessary activities under this Agreement that the County determines necessary to protect the health, safety,and welfare of the residents of Weld County. 3.2 Execution of Replacement Agreement. This Agreement shall terminate following County's execution of a new Improvements Agreement regarding the subject matter of this Agreement related to the Property, provided that the new Improvements Agreement expressly supersedes this Agreement. 5081514 Pages: 11 of 34 10/27/2025 10:45 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO 24-0001 ONSIA25 0001 III I ��IL'«Mri�Ir4 GN��iClPlig 11411111 '12 F. General Provisions: 1.0 Successors and Assigns. 1.1 This Agreement shall be assigned by the Property Owner to the Homeowners' Association (HOA) in accordance with the provisions provided in the Declarations associated with the residential subdivision. However, in all other circumstances,the Property Owner may not delegate, transfer, or assign this Agreement in whole or in part, without the prior express written consent of County and the written agreement of the party to whom the obligations under this Agreement are assigned. Consent to a delegation or an assignment will not be unreasonably withheld by County. In all cases other than an assignment to the HOA, Property Owner's release of its obligations shall be accomplished by County's execution of a new Improvements Agreement with the successor owner of the property. 1.2 County's rights and obligations under this Agreement shall automatically be delegated, transferred, or assigned to any municipality which, by and through annexation proceedings, has assumed jurisdiction and maintenance responsibility over all roads affected by this Agreement. 2.0 Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction,this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 3.0 Governmental Immunity.No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq.,as applicable now or hereafter amended. 4.0 No Third-Party Beneficiary.It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement,including subsequent lot purchasers. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 5.0 Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado, or its designee. 6.0 Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation,execution,and enforcement of this Agreement.Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute between the parties,the parties agree that the Weld County District Court or Federal District Court for the District of Colorado shall have exclusive jurisdiction to resolve said dispute. 7.0 Attorneys' Fees/Legal Costs. In the event of a dispute between County and Property Owner, concerning this Agreement,the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf. 8.0 Release of Liability. Property Owner 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 5081514 Pages: 12 of 34 10/27/2025 10:45 AM R Fee:$0.00 VF24-0001 ONSIA25-000 1 Carly Koppel, Clerk and Recorder, Weld County , CO )of12 11111 Kr'1M INl K441 iMNMEOWWh'h 11111 and description caused by,arising from,or on account of the design and construction of improvements,and pay any and all judgments rendered against the County on account of any such suit, action or claim, and notwithstanding section 7.0 above, 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 the 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 worker'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. 9.0 Binding Arbitration Prohibited. Weld County does not agree to binding arbitration by any extra- judicial body or person.Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void. 10.0 Authority to Sign. Each person signing this Agreement represents and warrants that he or she is duly authorized and has legal capacity to execute and deliver this Agreement. Each party represents and warrants to the other that the execution and delivery of the Agreement and the performance of such parry's obligations hereunder have been duly authorized, and that the Agreement is a valid and legal agreement binding on such party and enforceable in accordance with its terms. If requested by the County, Property Owner shall provide the County with proof of Property Owner's authority to enter into this Agreement within five(5)days of receiving such request. 11.0 Acknowledgment. County and Property Owner acknowledge that each has read this Agreement, understands it,and agrees to be bound by its terms. Both parties further agree that this Agreement,with the attached or incorporated Exhibits,is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. 12.0 Notwithstanding any other provision contained in this Agreement, for any conflict or potential conflict between any term in this Agreement and the Resolution of the Board of County Commissioners approving the underlying land use permit, the provisions of the Board's Resolution shall control. In the event of a discrepancy between this agreement and the Weld County Code in effect at the time of the agreement,the terms of the Weld County Code shall control. 5081514 Pages: 13 of 34 10/27/2026 10:46 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO IIIIIMPJIMMOKIKIWIANEUNWIMIlyii11111 Daniel and Debra Baker—MINF24-0001—ONSIA25-0001 Page 11 of 12 PROPER Y OWNER: DANIEL BAKER By: Date 2 /3 2-5— Name: >/ Title: n/t PROPERTY OWNER: DEBRA BAKER By: /✓ z) J Date Name:Zo, vt < 4 60 Title: Nicole Brick NOTARY PUBUC STATESTATE OF COLORADO OF COLORADO NOTARY ID 20174041450 ss. MY COMMISSION EXPIRES 10/29/2025 County of Weld ) The foregoing instrument was acknowledged before me this ateclay of NIA.trSi 2025_, by 03 cc) I J r: c-K . WITNESS my hand and official seal. ary Public WELD COUNTY: ATTEST: ,.../.,14;t /1/ ;ti BOARD OF COUNTY COMMISSIONERS Weld C unty Clerk to th Board WELD COUNTY, CO ORADO BY: 7 // APP >♦► eputy Clerk to the Boar Perry L. B tf ,Chair # OCT 1 3 2025 • ...X I 1861 talisvio RI 1 5081514 Pages: 14 of 34 10/27/2025 10:46 All R Fee:$0.00 Carly Koppel, Clerk and Recorder, Wald County CO VIINF24-0001 -ONSIA25-0001 III I��.r�'1Anr�rl��'IY+r� M �l�.tiYi�h II III 12 of 12 zo2S-2"7—/ EXHIBIT I A-i-- Baker Subdivision Estimated Costs N 2N-pO'0 Offsite Cost Estimates Earthwork for Access to CR 46 $ 12,000.00 Asphalt pavement for Access to CR 46 $ 14,000.00 Signs $ 2,000.00 Soils Testing $ 1,500.00 Traffic Control $5,000 $ 34,500.00 5081514 Pages: 15 of 34 10/27/2025 10:46 AM R Fee:$0.00 Carly Koppel', Clerk and Reoorder, Weld County , CO 111111 I roll:ErikiMill iI'P IAN1r«Irl 711t Y4 111111 EXHIBIT Schedule for Both Oniste and Offsite Improvements MINF2 '-c aO l July 1 to July 15 Finish Road and pond grading July 15 to August 10 Install Water line August SO to August 17 Finish Compaction of Road August 17 to August 31 Asphalt pave road and entrance onto CR 46 September 1 to September 7 Finish Grading around 5061514 Pages: 16 of 34 10/27/2025 10:48 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County CO 11111FATIYAIIMIVAil Iilkl'I',IN CLJ4TOr4htii 11111 EXHIBIT IA -2 Baker Subdivision Estimated Costs TP0 2y-000 f Onsite Cost Estimate Earthwork to build road,construct pond and drainageways $ 440,000.00 Asphalt pavement $ 263,000.00 Culverts $ 65,000.00 Rip Rap $ 12,000.00 Erosion Control $ 35,000.00 Signs $ 3,000.00 Soils Testing $ 12,000.00 Asphalt Testing $ 4,000.00 Construction Surveying $ 15,000.00 Seeding and Erosion Control $ 8,500.00 $ 857,500.00 5081514 Pages: 17 of 34 10/27/2025 10:48 AM R Fee:$0.00 Carly Koppel, Clerk and Recorder, Weld County , CO ill1Vdtr tiIra'Ii ' I I UIVtiii1iriY4ih 11111 EXHIBIT Z Schedule for Both Oniste and Offsite Improvements tit/NFZ -00 July 1 to July 15 Finish Road and pond grading July 15 to August 10 Install Water line August 10 to August 17 Finish Compaction of Road August 17 to August 31 Asphalt pave road and entrance onto CR 46 September 1 to September 7 Finish Grading around 5081514 Pages: 18 of 34 10/27/2025 10:48 AM R Fee:$0.00 Carly Koppel:, Clerk and Recorder, Weld County , Co iiiiF10111r iiff'i#i mailiac �drtNlrK+i 111111 EXHIBIT C MIPmu . F ZY-r»o l BAKER SUBDIVISION 8 o W Y �.0 m� MINF24-0001 Z m a° -0 N Know what's below. 3 w O w q R Ul Call before you dig. Q a>lb e•a 22169 County Road 35 I o c)B Baker Subdivision,a subdivision located in Section 11,Township 4 North, . s 13 Range 66 West of the 6th P.M. Accepted by X�0<D Weld County,Colorado DEVELOPMENT I REVIEW - 7 03 h _ March 14,2025 m- mi-Ip Guaal Pra,cot Rolm m mw - _,.,- ,.,..-. Yrn•ma lLwma Yam. �o t - - ._.__.a_...._...:�.......::. ..._ - -:._.....4 �.. �_ __ _._.._.........._�.._ - - -. ...............___.�__..____._.�..._.__. Z ..,._.x..._ ..._..,,.-.. 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Robert Thomas.PLS as Mem SAWM end hoe -..-_......_..,......._...-..._.,.,-_........_...u...•-..-..N.....-........,.,.�._.-:-....a_... Thomas Land Surveying LLC ale IWY Walt'MeO Nana U 2619 W 11th Street Rd e24, cs ' Melds Wear twsasr J Greeley CO80634 a Want'M wen.. pJ- Phone 970-304-0964 Cr Read M any Nana Email bob®thomasls.com CW at'I.we a an. tW ui CO Noce Or agave Z a r balCr..lane g 0 $1 I Cr ReeOws �11 IK q y wT iNA N L (7)2 CC W z 2 a MEN sir 3/11/2025 -g r a Date Revaenoaucoplur 'dart' I. Cary `m.—a Cl OWNER SHALL OBTAIN A WELD COUNTY GRADING PERMIT PRIOR TO ANY LAND DISTURBANCE. -- - -- brava mmrmu 4'Is N al R+ 1 rr CC IQAcres11 773E A aw O I eso co -G Q O u-ra. EI(ISIRIG WELL _.� T 4 uH M1 a, .:. m C - iU'1• I R_M1 ,1..s, ^11 11_ 1 1 I 28M2 AcF1HI x-.- I. .�. 4r,.rb z . a a% I `..'—? '- =Y-;r Nn.... 1 U u a Mii CI } IXISTR7GWELL e a= Ell \-- JL 1�� -,�. . 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THEFnCE;tMTNPTES=Ir Zrt'FIEUO"'"'EDRIS'''''S PROPERTY OWNER'S CERTIFICATE: sJwens H; FEMI wTIVI iFOrEPPiREOPIERrrssi,%"Eowrni'"OVruE�Ir' !/ w,'. li COUNTY NOTES: OEDDATE All EASEEMENTS DEESRIBEDPADOR DE.w,o HEREINEa"'..ESERv"zrEVEUEw;DEVEIaxEv,PUN MO xlNOR SUMMON nwl PL.N.W2,000r FOR R• EEOVIWRSOF ANY wr w PARCEL CREATED sr THIsvu, ` E IMEDIuxiNGLSTRwILors. : "NGnviFDALLRo•WAND w°x,saE.w•.ws sFaw.oNrHS PUT1. vrslmEo�v L°can.nwx,RE wEar�s,w.vsuNansuc.ORSxuIb«ERETC E•«ITOrl msaTHE Ia;MEaw.NDusRwl l '"' z.1611Lx.tlFg ARTileg EswN.atgo",DcauvrYcoDE.EALAE+OEOancsAREacTro THE-z RMEDIuu- °"N0 SA RD . .M v O Eiji pn.IO NOF THE STATE G COLOREmI IurmElDwr wasm�wF m�OLDIsR,RED REME YBE.EOURFD,ao.rALNAPPRovAL THROR.OH THEmEEYa WELD i SsA`wPPRFou NollrvoA+mwiSEVEPELEr.0 an- Weua . Fur s NOIov LANGSALL BE INACCORwvCE WITH CRAMEERifOF EASEL° 6E FOREWORD Gm.OArD .c«NGwIEDOED.EEwE.Erws GY s.CCOOUUNT,C.F./NS..ENG O. — E wsTALUSC TIONa ummEs.Ia7197T .E�Esa,xESERwcEPRwwERssxul wlrlrwnx wcR.E R ,AVYI RavE�irrswn�IEi�v`r°i�IEOEASE°I�vrs PROPE"�0w'aRSHUI .rco.ysaN Eaxws. iHEEnt°wNER5 ASSOCIATION SHALLBEEE LO.r EE0 PRIOR R�TOTHAB SAEOOFF AY LOT MEEMBEFORD WITNESS S MM PRO YN NAz aaFSTREETS.P.t uTlL l ANGTHE ENFORCEMENT F v"E"R.x 5 vAL NG,ARYwwO SOT" _- r ;u� oin°R "Rr"UER.wEFwErCO NG ."W -n.-B SURVEYOR'S NOTES WITH THEBENEFIToFFRBr "Eu'ICISSO.°Nwasu'•EmR400E.E:Ric::bo MEGOSTE.NY IMPACTS PONE ROAD sNEUI - M BQ _ nECCOOSwiTIED Vo E®Dwz DATE RENS... w TWO WY OCCUPY ARDOR ENCROACH WON ARV COUNTY RCATSO-w.rOR MEW VT — AND WEER 1 DES DOES WE CONSTITUTE. I aSEARCH BY cre T MAR NGSURV ID ANY ANAwrwEDwOHTUF-rur USE PERMIT PRIOR,owxaNuxEvr ,.r oFcaonAOm ,-<v.a REUEED'C SA.A EC`ER"EMLFXCL snELV FOR'*LLEM€SURV:Ex'0r5`Arai°CORD II ENE FLONPATTERNSANG Rw°FFAMR4TSOTHE BITE WILL BE WINTAINED mwTYawELO ass vlA aCR ODuw ANTE LEGAL zFunCEC°UUNTY S NGT RESPOND.FPOTHE xAIEEN.CE of CREWE CRAW.RELATED YOU IADONWWHrv,HEHREES WARS AFTERaF °OwcERT :.o.ws."L �70 Nr R ECG FASTDISCOVER SU.DEFECT IN NOM S WAACT ACT. E.wan COUNTY IS WIT RESPONSIBLE FOR DE VANTENANGE ON..EE SUBORNS..ROWS RNGMFIXiEDSEFgRE.F T. _ DAr 7�� YEARSBASE°FRROM IwSTEWoiinE CER*BCATI.Ypry HER„COIN THE E. , SW BELwrxNED FROM CENTRAL WELD COUNT,WATER0STRCT ♦.0 N r<LEGAL.Er Lou EBlvorHEco"''sra ssEriY.vo`VDT WATER SERvaE yr r SERVEDB. NCIPu SANITARY SEWER SYSTEM SE 50* xrc°N.Isv 0EVIREs . 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Ev t MORE OR LESS % NET 7.29 ACRES, _ Ty,I 9 A a a MORE OR LESS .. -_--'_ __ T 'u mom g J8 S ew. - -T.:-.:-_,_�, - a Ms-ISO FEES m � , RuxWp 4gF®' ' 1 n�r��s,.. p y—L En mgw"nA°Fnrw ..... t 8 n .'"w-- _ • m 3 ,m.wrr a �.�, 1b2 Sa TON 177ERmRNER 'e"'" a SE°roN„ goir Pexomn \ NOSFtuner ar- 666 - nn `4T P.x°ENw[s,aTPEe,xrw �.ve- .-^...."-.--. FauronREew N' r,w, uuNrovuP, As y Smos :,., roe:AiEO 4b N "-� Es 5 L� � ww, „ 77 .., ..MOW..SOX tI Poe ... . a � WELD COUNTY • rwcawaTUwr = r waw°x,aF„„ „, ,�, EOS1,e 8 R /1J OC°°u L M�, ASECOE° .___ .. a"..,,. D 46 1" I RrM,LNC a[EmcSEe Sun NxELLEr.an wirom 13. 6 TELEPENE° OM3.0w ° v.0EVGi .6a w 6. eRE.1 NAER h..SW � � &EMMNION OF CO AX ---- -- —111000 L 7-k4� A: 10207-5'VWX'S-' -----7-�YL|[T�n�------ -------�------------- ` ^ Contract For. Entity Information Entity Name* Entity ID* Q New Entity? BAKER, DANIEL @00010926 Contract Name* Contract ID Parent Contract ID OFF-SITE IMPROVEMENTS AND ROAD MAINTENANCE 9962 AGREEMENT MINF24-0001 DANIEL& DEBRA BAKER Contract Lead* Requires Board Approval Contract Status JTRUJILLOMARTINEZ YES CTB REVIEW Contract Lead Email Department Project# jtrujillomartinez@weld.go v Contract Description* OFF-SITE IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT MINF24-0001 DANIEL& DEBRA BAKER COLLATERAL IN THE AMOUNT OF $138,600.00 IS REQUIRED TO BE HELD FOR THE DURATION OF THE TWO YEAR WARRANTY PERIOD. COLLATERAL HAS BEEN PROVIDED IN THE FORM OF CASHIER Contract Description 2 CHECK NUMBER 1 71461 1 ISSUED BY CREDIT UNION OF COLORADO Contract Type* Department Requested BOCC Agenda Due Date AGREEMENT PLANNING Date* 10/04/2025 10/08/2025 Amount* Department Email $138,600.00 CM-Planning@weld.gov Will a work session with BOCC be required?* NO Renewable* Department Head Email NO CM-Planning- Does Contract require Purchasing Dept. to be DeptHead@weld.gov included? Automatic Renewal NO County Attorney Grant GENERAL COUNTY ATTORNEY EMAIL IGA County Attorney Email CM- COUNTYATTORNEY@WEL D.GOV If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Review Date* Renewal Date 10/08/2026 Termination Notice Period Committed Delivery Date Expiration Date* 10/08/2027 Contact Information Contact Info Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date Approval Process Department Head Finance Approver Legal Counsel DAWN ANDERSON RUSTY WILLIAMS BYRON HOWELL DH Approved Date Finance Approved Date Legal Counsel Approved Date 10/02/2025 10/02/2025 10/02/2025 Final Approval BOCC Approved Tyler Ref# AG101325 BOCC Signed Date Originator JTRUJILLOMARTINEZ BOCC Agenda Date COPY Resolution Approve Minor Subdivision Final Plan, MINF24-0001, for 5 lots with 1-2 (Medium Industrial)Zoning—Daniel and Debra Baker Whereas, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and Whereas, the Board of County Commissioners held a public hearing on the 29th day of January, 2025, at the hour of 10:00 a.m., in the Chambers of the Board for the purpose of hearing the application of Daniel and Debra Baker, 32776 Vista Lake Road, Greeley, Colorado 80631, for a Minor Subdivision Final Plan, MINF24-0001, for 5 lots with 1-2 (Medium Industrial)Zoning on the following described real estate, to-wit: Lot B of Recorded Exemption, RE-4059; being part of the S1/2 SE1/4 and the S1/2 S1/2 N1/2 SE1/4 of Section 11, Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado Whereas,the applicant was present and represented by Eric Wernsman, P. O. Box 105, LaSalle, Colorado 80645, and Whereas, Section 24-5-70 of the Weld County Code provides standards for review of said Minor Subdivision Final Plan, and Whereas,the Board of County Commissioners heard all of the testimony and statements of those present, studied the request of the applicant and the recommendations of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that this request shall be approved for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 24-5-60 of the Weld County Code. 2. The submitted materials are in compliance with Minor Subdivision Final Plan review criteria, which are located in Section 24-5-70.A.5 of the Weld County Code. These include referral agency and surrounding property owner (SPO) comments and compliance with the regulations contained in the Weld County Code, being the Minor Subdivision Overview and Standards, per Section 24-5-10 and Section 24-5-20 of the Weld County Code. 3. The submitted materials are in compliance with Minor Subdivision Final Plan Overview, per Section 24-5-10 of the Weld County Code, as follows: ec:PLLDE/twID%/kR),GA004),AsR(5G), 2025-0244 A PPL. PL2776 02./2.1/25 Minor Subdivision Final Plan (MINF24-0001)— Daniel and Debra Baker Page 2 A. The Minor Subdivision process is for subdivisions proposing a maximum of nine (9) lots, excluding agricultural outlots. The Minor Subdivision is subject to a two- or three-step review and approval process. The Minor Subdivision process includes the Minor Subdivision Sketch Plan and Minor Subdivision Final Plan applications described in Chapter 24, Article V. The proposed Minor Subdivision will create five (5) industrial lots and follow the standard three-step application process. B. The Minor Subdivision process may include a Change of Zone application, as described in Chapter 23, Article II, Division 1 and Section 24-5-50 of the Weld County Code, as amended, and shall be processed after the Minor Subdivision Sketch Plan application, and before, or concurrent with,the Final Plan application. Change of Zone, COZ20-0007, being a rezone from the A (Agricultural) Zone District to the 1-2 (Medium Industrial)Zone District, was approved by the Board of County Commissioners on January 6, 2021, and was recorded on July 7, 2021, under Reception No. 4733235. C. A Minor Subdivision may only be permitted under a single Final Plan application. No individual phasing or filings are allowed. This Minor Subdivision will be completed with a single Final Plan application. D. Lots which are part of a Historic Townsite,any recorded Planned Unit Development, or major or minor Subdivision, shall not be divided further by a Minor Subdivision. The land to be divided by the subject Minor Subdivision is not part of a Historic Townsite or part of a recorded Planned Unit Development or subdivision. E. A Minor Subdivision may be considered an Urban Scale Development or Non-Urban Scale Development, as defined in Section 24-1-40 of the Weld County Code, as amended. This Minor Subdivision is considered a Non-Urban Scale Development. This development classification is only permitted outside of a one(1) mile radius of a municipal sewer line and requires a public water source and public sewer or an On-site Wastewater Treatment System (OWTS). This development meets these requirements and will be served by the Central Weld County Water District and each lot will have an OWTS. F. The Resubdivision requirements shall be followed when proposing modifications to a recorded Minor Subdivision Final Plat, as described in Chapter 24, Article IX of the.Weld County Code, as 2025-0244 PL2776 Minor Subdivision Final Plan (MINF24-0001)— Daniel and Debra Baker Page 3 amended. Additional lots may be created by the Resubdivision process within an existing Minor Subdivision, so long as the overall number of total lots in the existing Minor Subdivision does not exceed nine (9) buildable lots. If requested by the applicant in the future, the Resubdivision process will be utilized to amend this subject Minor Subdivision.Given this Minor Subdivision requests five(5)lots,there is the potential to amend the Final Plat to include up to four (4) additional lots. G. The Minor Subdivision shall adhere to Chapters 22 and 23 of the Weld County Code and the Subdivision General Provisions, Conformance Standards and Subdivision Design Standards, per Chapter 24, Articles I, II and III of the Weld County Code, as amended. The request to adjust the lot configuration between the Minor Subdivision Sketch Plan (MINK24-0001), by adding one (1) additional lot, does not constitute the processing of a new Minor Subdivision Sketch Plan. The change is considered minor and does not alter the general requirements or compliance with the Weld County Code. Therefore, despite this adjustment, the Minor Subdivision application remains in compliance with the relevant sections of the Weld County Code, specifically, Chapter 22 [Comprehensive Plan], Chapter 23 [Zoning Ordinance] and Chapter 24 [Subdivision Ordinance]. Compliance with these chapters was demonstrated in both the Minor Subdivision Sketch Plan (MINK24-0001)and the Change of Zone(COZ20-0007)staff reports. H. The Minor Subdivision process shall not be used to circumvent the Planned Unit Development process by locating more than one (1) Minor Subdivision adjacent to one another. There are no other existing, or pending, Minor Subdivisions adjacent to this proposed application. 4. The submitted materials are in compliance with Minor Subdivision Final Plan Standards, per Section 24-5-20 of the Weld County Code, as follows: A. The Minor Subdivision is a land division process used to divide a parcel into a maximum of nine (9) buildable lots and is subject to the following criteria: 1) The property to be divided by the proposed Minor Subdivision shall be comprised of legal lots. The property is a single legal lot, being Lot B of Recorded Exemption, RE-4059, recorded June 15, 2005, at Reception number 3295087. 2025-0244 PL2776 Minor Subdivision Final Plan (MINF24-0001)—Daniel and Debra Baker Page 4 2) Lots within a Minor Subdivision shall be served by a public water supply system. Potable water will be provided by the Central Weld County Water District (CWCWD), and a receipt for the purchase of five (5)taps from the district was included with the submittal. The CWCWD referral dated November 11, 2024, stated the taps require a line extension. The Line Extension Agreement has not been executed with the property owner yet. Lots should not be transferred in ownership prior to the Line Extension Agreement being executed. 3) Lots within a Minor Subdivision shall be served by an OWTS or public sewer. Sewer Service will be provided by an OWTS and the application has satisfied Chapter 24 of the Weld County Code, OWTS report requirements. An OWTS report was included from CDS Engineering Corporation, dated July 16, 2021. The report indicated that based on the conditions described above, an absorption system should be suitable for this site. All OWTS shall be engineered and designed for commercial use. 4) The Minor Subdivision is allowed in any zone district included in Chapter 23, Article III of the Weld County Code, as amended, excluding the A (Agricultural) Zone District. The Minor Subdivision will be located in the 1-2(Medium-Industrial) Zone District. 5) Any proposed Minor Subdivision must be separated by a minimum of 1,320 feet or one-quarter (1/4) mile, in any direction, as measured from the exterior property line of any existing, platted Minor Subdivision or Rural Land Division.The nearest platted Minor Subdivision is approximately 0.5 miles south of the Baker property, which is the Hunt-Wiedeman PUD. The nearest Minor Subdivision is the Weld County Industrial Park, approximately one(1) mile south of the Baker subject property. The location of this Minor Subdivision is compliant with this separation requirement. 6) The minimum parcel size of Minor Subdivision lots shall be determined by the underlying zone district requirements, per Chapter 23,Article III of the Weld County Code, as amended. The minimum lot size in the 1-2 (Medium Industrial) Zone District is not defined in the Weld County Code. All five (5) of 2025-0244 PL2776 Minor Subdivision Final Plan (MINF24-0001)— Daniel and Debra Baker Page 5 the proposed lots will be larger than one (1) acre in size with public water and septic systems. On average, the lots will be 15 acres in size.The smallest lot is proposed to be five (5) acres in size, and the largest lot being a proposed is 35 acres in size. 7) If the average lot area exceeds three (3) acres in size in an Estate-zoned Minor Subdivision, no common open space, or recreational elements are required. The average lot size is 15.73 acres for this Industrial-zoned Minor Subdivision; therefore, no common open space or recreational elements are required. 8) The maximum number of lots within the Minor Subdivision shall be nine (9) buildable lots, excluding outlots. The proposed Minor Subdivision involves the creation of five (5) industrial lots, which is less than nine (9) lots. No outlots are proposed. 9) A Homeowners Association is required and shall be managed by the property owners within the Minor Subdivision. Conditions of approval and Plat Notes shall ensure this standard. A Declaration of Covenants, Conditions, and Restrictions (CCRs) shall be recorded, following recordation of the Minor Subdivision Final Plat. 10) Drainage and utility easements within Minor Subdivision shall follow the easement standards, per Chapter 24, Article III of the Weld County Code, as amended. Section 24-5-70.A.4 of the Weld County Code, being the Minor Subdivision Final Plan procedure section, states: "The Department of Planning Services shall schedule the Minor Subdivision Final Plan utility design on the first available Utilities Coordinating Advisory Committee meeting, prior to the Board of County Commissioners hearing. The Utilities Coordinating Advisory Committee shall review the Final Plan for compliance with Section 24-3-60 of the Weld County Code, as amended."The Board of County Commissioners approved the removal of the Utilities Coordinating Advisory Committee from the Weld County Code, with the effective date of November 28, 2024. Because of that, Planning staff will require default Easement Standards, per Section 24-3-60 of the Weld County Code. 2025-0244 PL2776 Minor Subdivision Final Plan (MINF24-0001)—Daniel and Debra Baker Page 6 11) The Minor Subdivision lots shall be accessed via a privately maintained road, located in a single, internal, publicly dedicated right-of-way. The proposed Minor Subdivision lots will access onto a privately maintained road, located in a single, internal, publicly dedicated right-of-way. 12) All lots within a Minor Subdivision shall connect directly onto an internal public road.No Minor Subdivision shall contain any access easement except: a. Preexisting access easements for nonresidential purposes, for example: ditch roads, oil and gas facility access roads, et cetera. b. Access easements solely for the use of emergency services. c. Easements to provide lot owners with access to common elements located within the Minor Subdivision. 13) The Minor Subdivision roadway shall intersect with a publicly maintained roadway. The Minor Subdivision roadway intersects with County Road 46,which is a publicly maintained road. 14) The Minor Subdivision internal roadway shall be perpendicular to the publicly maintained roadway. The Minor Subdivision internal roadway is perpendicular to County Road 46. 15) The Minor Subdivision internal roadway shall not access directly onto County arterial roads or county, state, or federal highways. The Minor Subdivision internal roadway accesses onto County Road 46, identified as a collector roadway, per the 2024 Weld County Functional Classification Map. According to referral comments from COZ20-0007, the proposed development is situated on land identified in the US-85 PEL (Planning and Environmental Linkages) Study as necessary for future intersection improvements at U.S. Highway 85 and County Roads 35 and 46.While the PEL recommendations are conceptual and subject to change, the development may be affected by future intersection safety improvements. 2025-0244 PL2776 Minor Subdivision Final Plan (MINF24-0001)— Daniel and Debra Baker Page 7 16) The Minor Subdivision roadway shall be maintained by the Homeowners Association. The Minor Subdivision roadway will be maintained by the Homeowners Association. Prior to approval of the Declaration of CCRs, the Weld County Attorney's Office will ensure the maintenance of the internal road is addressed, via a Condition of Approval. 17) The Minor Subdivision roadway shall be paved if connecting to a paved publicly maintained roadway. The Minor Subdivision roadway may be gravel if connecting to a gravel publicly maintained roadway. The Minor Subdivision roadway connects to a paved publicly maintained roadway, therefore, the Minor Subdivision roadway shall be paved. 18) All accesses shall be in accordance with Chapter 8, Article XIV of the Weld County Code, as amended: Weld County Department of Planning Services - Development Review staff will ensure that accesses are in accordance with Chapter 8, Article XIV of the Weld County Code. 19) An Improvements/Road Maintenance Agreement may be required. An Improvements Agreement is required as a Condition of Approval of this request. 20) The Minor Subdivision shall reasonably accommodate the requirements of fire districts, police authorities and other emergency services. Emergency responders and the school district were sent referrals throughout this Minor Subdivision process. The LaSalle Fire Protection District referral, dated November 14, 2024, provided comments regarding the roadway design and the fire flow requirements, but did not express any concerns with the request. The Weld County Sheriffs Office responded with no concerns, in the referral dated October 17, 2024. These agencies were also notified during the Minor Subdivision Sketch Plan application and did not submit any comments at that time. 21) The Minor Subdivision shall be designed to preserve prime agricultural land. The USDA Natural Resources Conservation Service (NRCS) Custom Soil Report, dated August 20, 2020, submitted with the COZ20-0007 application materials,and the Engineering Geology Report, dated February 12, 2024, submitted with the MINK24-0001 application, describes the 2025-0244 PL2776 Minor Subdivision Final Plan (MINF24-0001)— Daniel and Debra Baker Page 8 property containing primarily vona sandy loam soils. These soils are classified as "Prime farmland if irrigated;" however, the property is not irrigated and is not utilized for farming activities. The subject parcel is located within the West Greeley Conservation District (WGCD). WGCD returned a referral dated November 12, 2024, without concerns, but provided comments consistent with the NRCS Custom Soil Report from August 20, 2020. 22) The Minor Subdivision shall be designed to preserve wetlands, wildlife habitats, historical sites and burial grounds. The proposed subdivision will not have an undue or adverse impact on wildlife. No known historical site or burial grounds are on the property. The Colorado Parks and Wildlife referral, dated October 28, 2024, did not include any comments. 5. The submitted materials are in compliance with other Minor Subdivision Final Plan review considerations: A. Municipalities - The site is located within the Intergovernmental Agreement Area for the Towns of Gilcrest, Milliken, and the City of Evans, and is also within the three(3)mile referral area of the Towns of Milliken, LaSalle and Gilcrest, as well as the Cities of Evans and Greeley. The City of Evans returned a signed Notice of Inquiry(NOI) describing a desire for annexation, but they are unable to provide service to the properties. The towns of Gilcrest and Milliken did not return signed NOI forms. These four (4) municipalities were sent a referral notice during the Minor Subdivision Final Plan application. LaSalle returned a referral, dated October 28, 2024, and expressed an interest to receive all future development applications for review. The City of Evans returned a referral, dated October 17, 2024, and indicated they met with the applicant in January of 2024, and discussed possible annexation, but they could not provide services, therefore, annexation will not be pursued. The Town of Milliken returned a referral, dated October 18, 2024, with no concerns. All municipalities were notified during the COZ20-0007 and MINK24-0001 processes, expressing the same comments. B. Surroundings Property Owners - The Department of Planning Services sent notice to nine (9) SPOs within 500 feet of the subject parcel. No responses were received. If any responses are received, they will be included as exhibits for the case. 2025-0244 PL2776 Minor Subdivision Final Plan (MINF24-0001)—Daniel and Debra Baker Page 9 C. Surrounding Land Uses - The surrounding lands are a mix of agricultural farmland, rural residential, on-going oil and gas operations, and industrial lands. The surrounding lands are zoned A(Agricultural) and 1-2 (Medium Industrial). There are several Use by Special Review (USR) permits in the immediate area, including USR23-0007 (SEF), USR13-0012 (agricultural services business), USR-1053 (seed production facility), and USR11-0010 (oil and gas support and service)to the north; SPR23-0005(outdoor storage and seed storage), and SUP-31 (dairy) to the east; USR23-0006 (SEF), MUSR14-0031 (mineral resource development), USR19-0054 (SEF), and USR11-0005 (oil and gas support and service) to the west. D. Overlay Districts - The proposed Minor Subdivision is not located within the Airport Overlay District, 1-25 Overlay District, Historic Townsite Overlay District, Agricultural Heritage Overlay District, Geological Hazard Overlay District, MS4 area or within a Special Flood Hazard Area. Therefore, no additional compliance with Overlay Districts must be demonstrated. The Colorado Geological Survey referral, dated August 9, 2024, did not include any requirements. Now,Therefore,Be It Resolved by the Board of County Commissioners of Weld County, Colorado, that the application of Daniel and Debra Baker for a Minor Subdivision Final Plan, MINF24-0001, for 5 lots with 1-2 (Medium Industrial) Zoning on the hereinabove described parcel of land, be, and hereby is, granted subject to the following conditions: 1. Prior to recording the Minor Subdivision Final Plat: A. The applicant shall submit a Site Plan Review application to amend SPR21-0001. B. The applicant shall supply to the Weld County Department of Planning Services an executed Potable Water Service Agreement from the Central Weld County Water District. C. The applicant shall submit the name of the street of the proposed development, along with the street addresses,for review,to the Weld County Sheriffs Office, Department of Planning Services - Addressing, United States Postal Services and LaSalle Fire Protection District. Evidence of each agency's approval shall be submitted, in writing, to the Department of Planning Services. This road name will be used in addressing of the Minor Subdivision lots. There shall be no duplication of road names within the area. 2025-0244 PL2776 Minor Subdivision Final Plan (MINF24-0001)—Daniel and Debra Baker Page 10 D. The applicant shall submit the draft Declaration of CCRs of the required Homeowners Association, for review and approval by the Weld County Attorney's Office and Department of Planning Services. The finalized Declaration of CCRs and Articles of Incorporation shall be submitted to the Weld County Department of Planning Services for recordation, with the appropriate recording fee. The CCRs shall incorporate any changes required by the Weld County Attorney's Office and Department of Planning Services. E. The applicant shall submit Certificates from the Secretary of State demonstrating that the Homeowners Association has been formed and registered with the state. F. An Improvements and Road Maintenance Agreement is required for on-site and triggered off-site improvements at this location. Road maintenance includes, but is not limited to, dust control and damage repair to specified haul routes. The Agreement shall include provisions addressing engineering requirements, submission of collateral, and testing and approval of completed improvements. G. A Final Drainage Report and Certification of Compliance, stamped and signed by a Professional Engineer, registered in the State of Colorado, is required. H. A final accepted Traffic Impact Study (TIS), stamped and signed by a Colorado Licensed Professional Engineer, is required. 2. The Minor Subdivision Final Plat shall delineate the following: A. All sheets of the plat shall be labeled Minor Subdivision No. MINF24-0001. B. The plat shall be prepared in accordance with Section 24-5-80 of the Weld County Code. C. The plat shall include the acreage and dimensions of each lot. D. The applicant shall show and label all existing fencing and any conflicting boundary evidence. E. The applicant shall show and label the Minor Subdivision internal, publicly dedicated road right-of-way. The internal roadway will be located within the dedicated right-of-way. 2025-0244 PL2776 Minor Subdivision Final Plan (MINF24-0001)—Daniel and Debra Baker Page 11 F. The applicant shall show and label the internal Minor Subdivision Road with the approved road name, width, radii, surface type, etc. A stop sign and road name sign shall be shown at the proposed intersection. G. Each lot shall have a minimum frontage width onto a public roadway of 30 feet, per Section 24-3-50.H of the Weld County Code. H. The applicant shall show and label the requisite easements, as outlined in Section 24-3-60 of the Weld County Code. Utilities shall be installed underground within these easements, according to Section 24-3-180 of the Weld County Code; standard exceptions apply. All recorded easements and rights-of-way shall be delineated on the plat by book and page number or Reception number. J. The applicant shall show and label the existing oil and gas infrastructure onsite. Reference the recorded Easement, Right-of-Way, and Surface Use Agreement, and access roads related thereto. K. County Road 35 is a paved road and is designated on the Weld County Functional Classification Map (Code Ordinance #2017-01) as an arterial road, which requires 140 feet of right-of-way. The applicant shall delineate and label the existing and future rights-of- way (along with the documents creating the existing right-of-way) and the physical location of County Road 35 on the Final Plan map. If the existing right-of-way cannot be verified it shall be dedicated. Pursuant to the definition of setback in the Weld County Code, Section 23-1-90, the required setback is measured from the right-of-way line. This road is maintained by Weld County. L. County Road 46 is a paved road and is designated on the Weld County Functional Classification Map (Code Ordinance #2017-01) as a collector road, which requires 80 feet of right-of-way. The applicant shall delineate and label the existing and future rights-of- way (along with the documents creating the existing right-of-way) and the physical location of County Road 46 on the Final Plan map. If the existing right-of-way cannot be verified it shall be dedicated. Pursuant to the definition of setback in the Weld County Code, Section 23-1-90, the required setback is measured from the right-of-way line. This road is maintained by Weld County. 2025-0244 PL2776 Minor Subdivision Final Plan (MINF24-0001)—Daniel and Debra Baker Page 12 M. The applicant shall show and label the preliminarily approved access (intersection) location, and the appropriate turning radii (65 feet minimum)and width measured at the right-of-way(40 feet maximum) on the Final Plan map. The applicant must obtain an Access Permit in an approved location, prior to construction. N. The applicant shall show and label the accepted drainage features and drainage flow arrows. Stormwater ponds should be labeled as "Stormwater Detention, No-Build or Storage Area" and shall include the calculated volume. O. The applicant shall show and label the required utility easements for each lot. P. The applicant shall show on-site parking areas, if applicable. Q. The following notes shall be delineated on the Minor Subdivision Final Plat: 1) A Minor Subdivision Final Plan, MINF24-0001, for five (5) 1-2 (Medium Industrial) lots. 2) The lots shall adhere to the bulk standards of the 1-2 (Medium-Industrial) Zone District, listed in Chapter 23, Article III, Division 4 of the Weld County Code, as amended. 3) All existing and future uses in the Minor Subdivision are subject to the 1-2 (Medium-Industrial) Zone District requirements listed in Chapter 23, Article III, Division 4 of the Weld County Code, as amended. 4) Any future structures or uses onsite may be required to obtain approval through the appropriate Zoning and Building Permits. 5) Any future subdivision of land shall be in accordance with Chapter 24 of the Weld County Code, as amended. 6) Installation of utilities and requirements of the service providers shall comply with Section 24-3-60 and Section 24-3-180 of the Weld County Code. Any property owner shall not construct any improvements within identified easements. 2025-0244 PL2776 Minor Subdivision Final Plan (MINF24-0001)— Daniel and Debra Baker Page 13 7) A Homeowners Association shall be established prior to the sale of any lot. Membership in the Association is mandatory for each lot owner. The Association is responsible for liability insurance, taxes and maintenance of streets, private utilities and the enforcement of covenants. 8) The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to Chapter 15, Articles I and II, of the Weld County Code. 9) The access on the site shall be maintained to mitigate any impacts to the public road, including damages and/or off-site tracking. 10) Any work that may occupy and/or encroach upon any County rights-of-way or easement shall require an approved Right-of-Way Use Permit, prior to commencement. 11) The historical flow patterns and runoff amounts on the site will be maintained. 12) Weld County is not responsible for the maintenance of on-site drainage related features. 13) Weld County is not responsible for the maintenance on on-site subdivision roads. 14) Water service may be obtained from the Central Weld County Water District. 15) The parcel is currently not served by a municipal sanitary sewer system. Sewage disposal may be by an On-site Wastewater Treatment System (OWTS) designed in accordance with the regulations of the Colorado Department of Public Health and Environment, Water Quality Control Division, and the Weld County Code in effect at the time of construction, repair, replacement, or modification of the system. 16) Activity or use on the surface of the ground, over any part of the OWTS, must be restricted to that which shall allow the system to function as designed and which shall not contribute to compaction of the soil, or to structural loading, detrimental 2025-0244 PL2776 Minor Subdivision Final Plan (MINF24-0001)—Daniel and Debra Baker Page 14 to the structural integrity, or capability, of the component to function, as designed. 17) During development of the site, all land disturbances shall be conducted so that nuisance conditions are not created. If dust emissions create nuisance conditions, at the request of Weld County Department of Health and Environment, a Fugitive Dust Control Plan must be submitted. 18) If land development exceeds six (6) months in duration, the responsible party shall prepare a Fugitive Dust Control Plan, submit an Air Pollution Emissions Notice (APEN) application, and apply for a permit from the Colorado Department of Public Health and Environment. 19) Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County-Wide Road Impact Fee, County Facility Fee, and Drainage Impact Fee Programs. 20) All buildings shall comply with the setback from oil and gas wells, per Section 23-4-700, as amended. 21) Building Permits may be required for any new construction, setup of manufactured structures,or change of use of existing buildings, per Section 29-3-10 of the Weld County Code. Buildings and structures shall conform to the requirements of the various codes adopted at the time of permit application. Currently, the following have been adopted by Weld County: 2018 International Codes, 2018 International Energy Conservation Code, 2020 National Electrical Code, and Chapter 29 of the Weld County Code. A Building Permit application must be completed and two (2) complete sets of engineered plans, bearing the wet stamp of a Colorado registered architect or engineer,must be submitted for review. A Geotechnical Engineering Report, performed by a Colorado registered engineer, or an Open Hole Inspection shall be required.A Building Permit must be issued prior to the start of construction. 22) Necessary personnel from the Weld County Departments of Planning Services, Public Works, and Public Health and Environment shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on 2025-0244 PL2776 Minor Subdivision Final Plan (MINF24-0001)— Daniel and Debra Baker Page 15 the property comply with the Conditions of Approval stated herein and all applicable Weld County regulations. 23) The Resubdivision process shall be followed when proposing changes to a recorded Minor Subdivision Final Plat. 24) Failure to Comply-The property owner shall comply with the recorded plat notes and lot configuration. Noncompliance may result in withholding Weld County permits. 3. Upon completion of Conditions of Approval #1 and#2 above, the applicant shall submit one(1)electronic copy(.pdf)of the plat for preliminary approval to the Weld County Department of Planning Services. Upon approval of the plat the applicant shall submit a Mylar plat along with all other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services. The plat shall be prepared in accordance with the requirements of Section 23-2-50.0 and D of the Weld County Code. The Mylar plat and additional requirements shall be submitted within 120 days from the date of the Board of County Commissioners Resolution. The applicant shall be responsible for paying the recording fee. 4. Failure to Record - If the Minor Subdivision final plat has not been recorded within 180 days from the date of approval by the Board of County Commissioners, or if an applicant is unable to meet any of the conditions within 180 days of approval, the Director of the Department of Planning Services may grant an extension for a period not to exceed one (1) year, for good cause shown, upon a written request by the applicant. If the applicant is unwilling to meet any of the Conditions of Approval or the extension expires, the application will be forwarded to the Board of County Commissioners for reconsideration. The entire application may be considered for denial by the Board of County Commissioners.Alternatively, the Board of County Commissioners may consider upholding, modifying or removing the contested Conditions of Approval. 5. Failure to Construct- If no construction has begun in the Minor Subdivision within three (3) years of the date of the approval of the Minor Subdivision Final Plan by the Board of County Commissioners, the Department of Planning Services may require the property owner to appear before the Board of County Commissioners and present evidence substantiating that the Final Plan has not been abandoned and that the applicant possesses the willingness and ability to continue the Minor Subdivision. The Board of County Commissioners may extend the date for initiation of the Minor 2025-0244 P L2776 Minor Subdivision Final Plan (MINF24-0001)— Daniel and Debra Baker Page 16 Subdivision construction and shall periodically require the applicant to demonstrate that the Minor Subdivision has not been abandoned. If the Board of County Commissioners determines that conditions supporting the original approval of the Minor Subdivision Final Plat have changed or that the property owner cannot implement the Minor Subdivision Final Plat, the Board of County Commissioners may, after a public hearing, revoke the Minor Subdivision Final Plat and order the recorded Minor Subdivision to be vacated. 6. The Board of County Commissioners shall have the power to bring an action to enjoin any subdivider from selling, agreeing to sell, or offering to sell subdivided land before a plat for such subdivided land has been approved and recorded, per Section C.R.S. §30-28-110(4). 7. In accordance with Appendix 5-J of the Weld County Code, should the Minor Subdivision Final Plat not be recorded within the specified timeline from the date of the Board of County Commissioners Resolution, a $50.00 recording continuance fee shall be added for each additional three (3) month period. 8. No subdivision development shall commence until a Minor Subdivision Final Plan application is approved and a Minor Subdivision Final Plat is recorded in the Weld County Clerk and Recorder's Office and the improvements be constructed, per the terms of the Improvements Agreement. 9. Following recordation of the Minor Subdivision Final Plat, the property owners shall create and record deeds for all the newly created lots; deeds shall include the legal description of each lot and the Reception number of the Minor Subdivision Final Plat. New deeds are required even if lots will remain under the same ownership. Failure to do so may create issues with the proper assessment of the lots by the Weld County Assessor's Office and may create a clouded chain of title. 10. Prior to Construction: A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required. B. The approved access and tracking control shall be constructed. C. The applicant must obtain an Access Permit for the approved location on County Road 46. 2025-0244 PL2776 Minor Subdivision Final Plan (MINF24-0001)— Daniel and Debra Baker Page 17 The Board of County Commissioners of Weld County, Colorado, adopted the above and foregoing Resolution, on motion duly made and seconded, by the following vote on the 29th day of January, A.D., 2025: Perry L. Buck, Chair: Aye e Scott K. James, Pro-Tern:Aye f'`'4'1' e.,• Jason S. Maxey: Aye 1A Lynette Peppier: Aye c •; "*.a! Kevin D. Ross: Excused Approved as to Form: '`• i� Bruce Barker, County Attorney Attest: Esther E. Gesick, Clerk to the Board 2025-0244 PL2776 Hello