HomeMy WebLinkAbout20233576.tiff PLANNED UNIT DEVELOPMENT ( PUD) FINAL PLAT APPLICATION
FOR PLANNING DEPARTMENT USE DATE RECEIVED:
RECEIPT # /AMOUNT # /$ CASE # ASSIGNED :
APPLICATION RECEIVED BY _ PLANNER ASSIGNED :
Parcel Number1 J_ - 3 3 - L - fl - QL _I
(12 digit number - found on Tax I . D. information, obtainable at the Weld County Assessor's Office, or www.co .weld . co.us)
(Include all lots being included in the application area. If additional space is required , attac an additional sheet.)
sioli\eLQ 33
Legal Description i_ OT A OF g. "Celt aon- , Section Pir
, Township North , Range West
Property Address (If Applicable) }' /14 Ces -liActitLe5itivfsA fle)
Existing Zone District: Proposed Zone District : Total Acreage : Proposed #/Lots (CI
Average Lot Size : 3 Minimum Lot Size : 3 Proposed Subdivision Name : ihdij L i
Proposed Area (Acres) Open Space : /CO
Are you applying for Conceptual or Specific Guide? ConceptualCgl Specific r.........�
P P p
FEE OWNER (S) OF THE PROPERTY ( If additional space is required , attach an additional sheet)
•
Name : L. rfUjUM• eti Mainagittli Mstal
Work Phone # Home Phone # Email Address LAJLS3 , o 11 . id et
Address : ".-11) C g o a -Th -
City/State/Zip Code th r kh
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APPLICANT OR AUTHORIZED AGENT (See Below: Authorization must accompany applications signed by Authorized Agent)
Name : S Alint e tiernic
Work Phone # Home Phone # Email Address -
Address: -
City/State/Zip Code
UTILITIES : Water: i-Afa" ! ti A. �, ,► t S
Sewer: fLer r w arS
Gas :
Electric: t * leg
Phone: it I otc ?) se /AA cc-
DISTRICTS : School : iS ctt.
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Post:
I (We) hereby depose and state under penalties of perjury that all statements , proposals, and/or plans submitted with or
contained within the application are true and correct to the best of my (our) knowledge . Signatures of all fee owners of
property must sign this application . If an Authorized Agent signs, a letter of authorization from all fee owners must be
included with the application . If a corporation is the fee owner, notarized evidence must be included indicating the
signatory has the legal authority to sign for the corporation . I (we) , the undersigned , hereby request the Department of
Planning Services to review this PUD Final Plat or request hearings before the Weld County Planning Commission and
the Board of County Commissioners concerning the PUD Final Plat for the above described unincorporated area of Weld
County lorado : '461 "71- 3
(Ps- N-OU 4.-1/wvA,1.
Signature : Ow er or Authorized Agent Date Signature: Ow per or Ahorized Agent Date
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8/20/21 1 Q
DEPARTMENTS OF PLANNING
•�` 1861 !v.. BUILDING , DEVELOPMENT REVIEW
� AND ENVIRONMENTAL HEALTH
,.,` � parr, 17„. _� 1555 NORTH 17T" AVENUE
GREELEY , CO 80631
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AUTHORIZATION FORM
LI s4C 4 1 6 g_tuueothu , Am itiu 04 45 /Ito yeuctill
I , (We ) , Ni 1,l- 9 C�- isk-1111, give permission to k-1111 2 614 obi N'�',I�
(Owner - plea�e print) (Authorized Agent/Applicant—please print)
to apply for any Planning , Building , Access or OWTS permits on our behalf, for the property located at (address or
parcel number) below:
/ y -1 I --- 33 -a' I - 00 - O i
Legal Description : 1 , OT b of Section 3 3 , Township I N , Range (p (4O W
Subdivision Name : /V/4 Lot Block
Property Owners Information :
Address : i &Isis— \IJ 't3iN24 0lam( lie_
Phone : -1 ?-O , q2' r -zi E-mail : Z—N iS3 e (.-o nelCvetE 1. N E.Sr
Authorized Agent/Applicant Contact Information :
Address : S frill C., PI& v W N eA2-S
Phone : E-Mail :
Correspondence to be sent to : Owner na_ Authorized Agent/Applicant a by: Mail n Email
Additional Info :
Owner Signature : Date : "'J -'6 Ja
Owner Signature : (AJ,14/014 Date: 3 - '' ; A.
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9/10/21 9
The proposed Cluster PUD meets the standards of Section 27- 10- 20 of the Weld County Code as follows :
A. If the Cluster PUD is proposed on agricultural lands, the land shall be currently used or capable of
being used for agricultural production such as farming and ranching operations for the next forty (40)
years from the date of final approval . The Cluster PUD is proposed on agricultural lands, which are
currently used for agricultural production per the Weld County Assessor' s Property Report valuation of
land . Approval of the subject Cluster PUD would not impede this use .
B . The Outlot shall be restricted to operations and be free from development for any other uses for a
period of forty (40) years from the date of final approval . As part of step 2 of the PUD process, the PUD
Change of Zone plat will include limitations on the uses that may occur on the Outlot. No commercial,
industrial or residential uses shall occur on the Outlot. Agricultural uses will be restricted to operations
only and no development may occur. This preserved land shall not be developed for at least forty (40 )
years from the date the PUD Final Plan is approved .
C. A minimum of two-thirds of the total area of the tract must be reserved for the preservation of
contiguous land . The property is approximately 122 . 5 acres in size . Two-thirds of this area is
approximately 81 . 6 acres . The applicant is voluntarily exceeding this minimum reservation of 81 . 6 acres
as the proposed Outlot is approximately 110 acres .
D . The outlot may be used for all agricultural uses by right, as passive view corridors, recreation or the
preservation of environmentally sensitive features such as wildlife habitat or critical areas . The Outlot
will continue to be used for agricultural production including growing hay contains existing ditch
infrastructure. It will also provide a passive view corridor to the six ( 6) small lots and the surrounding
lands .
E . Public access to the Outlot is not a requirement . The Outlot may be substituted for the common open
space requirement used in the traditional Planned Unit Development application . Public access to the
Outlot will be further discussed in the PUD Change of Zone and Final Plan applications .
F . The intent of the A (Agricultural ) Zone District as outlined in Chapter 23 and the Comprehensive Plan,
Chapter 22 of this Code, including Weld County' s Right to Farm , Appendix 22- E, shall be met. This PUD
will not interfere with the surrounding A (Agricultural ) zoned properties in unincorporated Weld County .
The intent of the A Zone soundly applies to the proposed use of the Outlot. This PUD is in line with the
goals of the Weld County Comprehensive Plan and is supported by the Weld County Right to Farm
Statement.
G . A Cluster PUD may be used in urban and non - urban areas . A Cluster PUD shall follow the procedures
as outlined in this Code . A Cluster PUD is equally permittable in currently defined urban or non - urban
areas per the PUD Ordinance. Given that this part of Weld County contains both urbanizing and
nonurbanizing features, a Cluster PUD is an appropriate land development tool .
H . The number of single-family residential units must not exceed two ( 2) per thirty-five-acre increment .
The residential lots created by this option may not be further subdivided in the future . This ratio is
illustrated in the table below. The property is approximately 122 . 5 acres in size . There are approximately
3 . 5 thirty-five-acre increments within this parcel . Two ( 2 ) residences are allowed per each of these
increments, giving a total allotted residential unit of seven ( 7) . As only six ( 6) single family residential
units are proposed, this PUD proposal is compliant .
Additionally, the six ( 6) proposed small lots comply with the PUD Water Provision per Section 27-2-210
of the Weld County Code which states an exception may be granted for nine ( 9 ) lots or less residentially
clustered PUDs 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 nonurban scale development as
defined in this Chapter. A PUD not served by public water shall preserve a minimum eighty-acre
agricultural Outlot except for Cluster PUDs
SPECIFIC DEVELOPMENT GUIDE PER ARTICLE VI CHAPTER 27 OF THE WELD COUNTY CODE :
Sec. 27-6-30 . Major components of development guide :
Sec. 27-6-40 . Component One-environmental impacts .
1 -noise and vibration : the lots are well distance from one another and closest residential estate
lot neighborhood is several hundred feet from the proposed PUD therefore noise and vibration
will not be an issue .
2-smoke, dust, odors : the lots are several hundred feet from the nearest neighborhood of
estate lots and we do not anticipate this to travel to that distance and be an issue .
3-heat, light, and glare . The same as above, several hundred feet distancing from the closest
neighborhood .
4-visual-aesthetic impacts- The single family residential homes shall follow Weld county code for
building single family homes and adhere to Weld county' s building permits .
5-electrical interference- we do not anticipate any interference as Excel energy will run electrical
lines according to Weld county code .
6-water pollution - PUD estate lots with have their own septic systems and water systems .
7-wastewater disposal -each estate lot will have their own individual septic system .
8-wetland removal-the PUD site is dry land however if a wetland condition were to develop then
it shall be managed by physically removal the wetland area by cutting, mowing, or uprooting the
wetland by hand or by machinery .
9-erosion and sedimentation -the builders/construction company shall follow an erosion and
sedimentation control plan as designed by their structural/civil engineer. Measures include
those necessary to delineate areas of work/disturbance, prevent erosion of unstable or
denuded areas, plan for construction staging and storage logistics, construction of
stabilized access points, and proper containment measures for construction materials
and waste.
10-excavating, filling and grading-The owners shall hire a license land grading company to
perform this work and the contractor shall follow the building permit and Weld county code
requirements .
11 -drilling, ditching and dredging-The land has ditches that are already dredged along CR 31 . A
license contractor shall dredge and form ditches along with coverts as needed to provide for
water drainage .
12 -air pollution -The home owners shall follow recommended advise from the State of Colorado
to decrease air pollution thru transportation, environmental factors, household factors and
lawn/gardening tips provided on their website .
13 -solid waste-each estate lot residential dwelling shall use a dependable disposal waste
company to remove in a timely fashion of all solid waste, trash .
14-wildlife removal - there are no wildlife present on this raw parcel of land .
15 -national vegetation removal-land currently has no vegetation grow, no trees, grass or
bushes .
16-radiation/radioactive material- land survey/improvement survey and previous records do
not show any presence of this type of material .
17-drinking water source-each estate lot/residential single family home shall apply for individual
water wells .
18-traffic impacts- no traffic study is needed according to Weld County public works
Sec. 27-6-50 . Component Two-service provision impacts .
1 -schools (school age children may choose to attend Brighton 27J school district or any other
school of their choosing) .
2 -law enforcement-will be provided by Weld County Sheriff' s Office, Patrol district 3
3 -fire protection - Brighton fire rescue district 52
4-ambulance-emergency service by Platte valley ambulance service
5 -transportation -the cluster PUD is accessible by CR 31 which is a collateral road to a private
access road, granted ROW by City of Brighton . Access road will be paved and is 60 feet wide with round
about at end to provide turn around for emergency vehicles per Weld County Code Sections 22 -3-60
thru 22 -3 - 190 .
6-A traffic impact analysis was waived by Department of Public works, see referral in PUD
packet .
7- Storm drainage study was waived after drainage report submitted by drainage engineer, see
drainage report in PUD packet .
8- Utility Provisions- United Power will be providing electricity and gas will be provided by
individual propane tanks .
9- Water provisions- each lot owner shall apply for a well permit thru Colorado water resources .
10- Sewage disposal - each lot owner shall apply for a OWTS permit thru Weld County.
11- Structural Road improvements- a 60 ft paved road will be developed according to Weld
county code to allow access to the PUD district, currently there is 30 ft gravel private access road . ROW
permit was granted thru City of Brighton from CR 31 onto private access road .
Section . 27-6-60. Component three- landscaping elements .
1 - The 6 lots are 3 plus acre estate lots . Each individual lot owner shall development their own
landscape plan with elements according to Weld County code for individual estate lots .
Section . 27-6-70. Component four-site design
1- There are no topography and no irrigation ditches on this PUD .
2, 3,4 - Comprehensive Plan Conformance : Section 22-2- 10 of the Weld County Comprehensive
Plan contains Guiding Principles that are the foundation for land use policy in the County. All of
the Goals and Objectives within the Weld County Comprehensive Plan are adopted with the
intent that they are consistent with the Guiding Principles . This proposal supports two (2 )
relevant Guiding Principles . A. Respecting Our Agricultural Heritage . Weld County has an
agricultural heritage built upon the hard work of pioneers and farmers on traditional family
farms . Weld County is now one of the most economically productive agricultural counties in the
nation . The Weld County Right to Farm Statement and the Goals and Objectives in this Plan
support the importance of agriculture in the County . This application utilizes a development tool
that expressly accounts for the retention of agricultural farm ground in the form of a reserved
Outlot. Furthermore, this Cluster PUD protects this large Outlot of land for specific agricultural
purposes for forty (40) years, should the PUD Final Plan be approved . B . Respecting Private
Property Rights . One of the basic principles upon which the United States was founded is the
right of citizens to own and utilize property so long as that use complies with local regulations
and does not interfere with or infringe upon the rights of others . The property owners have
requested to divide their land to create several small lots for family members to build
residences . This proposal does not appear to interfere with or infringe upon the rights of others,
as demonstrated by the relatively limited referral responses at this stage of the PUD application
process . Additional referral and surrounding property owner input will be solicited during the
PUD Change of Zone and Final Plan applications
5- N/A
Sec. 27-6-80 . Component Five-common open space usage
1- Each estate lot is comprised of 3 plus acres and elimination of common open space within the
proposed PUD allows for each lot to have adequate open space .
Sec. 27-6-90 . Component Six-signage .
1-Signage shall be placed in accordance with the Weld County code .
Sec. 27-6- 100 . Component Seven - RUA impact .
1-The Planning dept . will review the PUD application for development inside the RUA with the
applicable standards are set forth in Chapter 26 .
Sec. 27-6- 110 . Component Eight- Intergovernmental agreement .
1 - The Planning dept. will review the PUD application to determine if an intergovernmental
agreement in conjunction with the PUD application standards are set forth in the agreement .
r' , •3righ tonS� Permit BP-21 -01386
1
Code In Effect: 2018 International Codes/2020 NEC
A UTOMA TED INSPECTION LINE (303) 655-2151
500 South 4th Avenue Brighton , CO 80601
www. brightonco .gov 303.655.2017
Date Issued : 08/ 11 /2021
Parcel : 111111111111 Type : ROW - New Construction
Job Address : 9876 ADD ADDRESS Brighton, CO 80601
Description of Work : Access road already there Existing
road that is present from oil/gas access road
Contractor : -
Owner: City of Brighton
Approved plans MUST be retained on the job and this card KEPT POSTED until final inspections have been approved. All
structures require a Final Inspection. Buildings may not be occupied until approved by the Building Official.
Notice
This permit becomes null and void if work or construction authorized is not commenced within 180 days or if construction or
work is suspended or abandoned for a period of 180 days at any time after work is commenced.
REQUIRED INSPECTIONS
Inspection Inspector Date
ROW/INF-Sub Grade
ROW/INF-Concrete Form
ROW/INF-Initl Accept- Streets
ROW/INF-A PROGRESS REPORT
NOTICE : In addition to the requirements of this permit, there may be additional restrictions applicable to this property that may be
found in the public records of this county, and there may be additional permits required from other governmental entities such as water
management districts, state agencies, or federal agencies.
Permit Issued By: Moriah Rust Issue Date: 08/ 11 /2021
48 HOURS BEFORE YOU DIG ! Inspection requests must be recorded before
Call Blue Stakes, 1 -800-922-1987 for Utility Locations 4 : 00pm for next-day inspection service.
4815133 04/01 /2022 12 : 00 PM
Total Pages: 5 Rec Fee : $33 . 00
Carly Koppes - Clerk and Recorder, Weld County , CO
RECORDING INFORMATION ABOVE
GRANT OF EASEMENT
LISA NGUYEN and BRANDON NGUYEN and MORIAH NGUYEN, GRANTOR (whether one or
more), whose address is 1855 Virginia Dr. Fort Lupton, Colorado 80621 , in consideration of Ten and
00/ 100 Dollars (S 10.00) and other valuable consideration, receipt of which is hereby acknowledged,
grants and conveys unto UNITED POWER, INC. , GRANTEE, whose address is 500 Cooperative Way,
Brighton, Colorado 80603 , its successors and assigns, a perpetual easement and the right to construct,
operate, maintain, replace, enlarge, reconstruct, improve, inspect, repair and remove utility, electrical and
communications facilities and all fixtures and devices appurtenant thereto, as may from time to time be
useful to, or required by Grantee, on, over, under, and across the following described property in the
County of Weld, State of Colorado to-wit:
Easement description as set forth in Exhibit "A" attached hereto and incorporated herein
by reference.
Those facilities may be overhead, underground and/or at grade and may include, but shall not be limited
to, poles, cables, conduits, wire, conductors, transformers, manholes and supports of whatever materials,
including braces, guides, and other fixtures or devices used or useful in connection therewith.
Grantee shall have the right of ingress and egress 24 hours a day, 7 days a week, over and across the lands
of the Grantor to and from the easement described in Exhibit "A" to survey, construct, operate, maintain,
replace, enlarge, reconstruct, improve, inspect, repair and remove utility, electrical and communications
facilities and all fixtures and devices appurtenant thereto, and the right to remove any objects interfering
therewith, including but not limited to, the trimming of trees and bushes as may be necessary. Grantee
shall have the right to use the adjacent lands of Grantor, described as Temporary Workspace in Exhibit
"A", during construction, maintenance, replacement, enlargement, reconstruction, improvement,
inspection, repairs and removal as may be required to permit the operation of standard utility construction
or repair machinery or the operation of any other equipment within the boundaries of this easement.
Grantor reserves the right to occupy, use, and landscape said easement for all purposes not inconsistent
with the rights granted to Grantee so long as said use does not damage or interfere with the Grantee ' s
facilities or the construction, operation, maintenance, replacement, enlargement, reconstruction,
improvement, inspection, repair and removal thereof Grantor shall not plant any tree or bush within 5 .0
feet of any existing Grantee facilities or within 10 .0 feet of the opening side of any transformer or cabinet
without the prior written approval of Grantee . Grantor shall not install, or permit the installation of, any
buildings or permanent structures or facilities of any kind on, over, under, or across said easement without
the prior written approval of Grantee.
Upon completion of construction, Grantee shall restore the surface of Grantor' s property to substantially
the same level and condition as existed prior to construction.
Each and every one of the benefits and burdens of this Grant of Easement shall run with the land and shall
inure to and be binding upon the respective legal representatives, heirs, executors, administrators,
successors and assigns of the parties hereto. The rights of Grantee hereunder may be exercised by its
employees, licensees, contractors and permittees.
Grantor warrants that Grantor is the fee owner of the encumbered property and has the full right and
lawful authority to make the grant contained herein and promises and agrees to defend Grantee in the
WO# 202109067 Map# 46 Section 33 , Township 1N, Range 66W, 6th P.M. , County of Weld, State of Colorado
4815133 04/01 /2022 12 : 00 PM
Paget of5
exercise of the Grantee ' s rights hereunder against any defect in Grantor' s title to the land involved or
Grantor' s right to make the grant contained herein.
Grantor shall defend, indemnify and hold harmless Grantee, its affiliates and the officers, directors,
employees and agents of both, from any and all claims for personal injury to Grantee ' s personnel or
damage to Grantee ' s property or to the property of Grantee ' s personnel occurring as a result of Grantor' s
actions, howsoever caused.
Grantee shall defend, indemnify and hold harmless Grantor, its affiliates and the officers, directors,
employees and agents of both, from any and all claims for personal injury to Grantor' s personnel or
damage to Grantor' s property or to the property of Grantor' s personnel, occurring as a result of Grantee ' s
activities described herein, howsoever caused.
The venue for any dispute arising from this Grant of Easement shall be in the courts of Weld County,
Colorado .
Unless special provisions are listed below and/or attached, the above constitutes the entire agreement
between the parties and no additional or different oral representation; promise or agreement shall be
binding on any of the parties with respect to the subject matter of this Grant of Easement.
(SIGNATURES TO FOLLOW)
WO# 202109067 Map# 46 Section 33 , Township 1 N, Range 66W, 6th P.M. , County of Weld, State of Colorado
4815133 04/01 /2022 12 : 00 PM
Page3of5
SIGNED SEALED GRANTOR thisc.23,,,.. day o 2022.
1/4
GRANTOR:k1/4A
. .
,* LISA NGUYEN
STATE OF (LOtovtv/LO )
.
ACKNOWLEDGMENT
COUNTY Fe 'd \ i ) ,..,,,,,..3,,„__,....,„b.,..,
7 ..AMP j'• 23 This record was acknowledgedbefore one on ke< ... s. _ , 2022 t F o :
by SA E a
NOTARY ID 20104038580
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My Commission Expires September 2112022
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(Notary's official signature)
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(Commission Expiration)
GRANTOR:
BY: tki
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RAND ON NGUYEN
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STATE OFL: , , .. au
) ACKNOWLEDGMENT
COUNTY OF tor Vo :: )
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This record was acknowledged before me on keerir,licaittliPt,
by ligANDON NGUYEN. L.. ' �� ` i C
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GRANTOR:
BY: 1,41-04,.....-
MORTAR NGUYEN
STATE : E .: .
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The author of this description is Mr. John S. Lambe �t, PI ,S 13212, are iste re . '
: . professional land see or licensed to practice in the State of olorado. The desc tion , : : :
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: : : •. . : _ •, March 25, 2022, under Job Number L2- -026, and is NOT to be construed .as =representin. :; : : .
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CONCRETE fOUNDATION 10' UNITED POWER, INC 1 0
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TERMINUS RECORDED EXEMPTION NO.1471-33-1 RECX20-0040 cc
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GRANTEE : LISA NGUYEN AND BRANDON NGUYEN AND MORIAH TURNEY `- I
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IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON .
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PUDF
Planning Questionnaire
1 ) The purpose of this request is to develop a Cluster PUD of 6 three-acre estate lots .
2) The land is used for agricultural purposes such as raising cattle and harvesting hay and
corn .
3) The proximity of the proposed use of the residences is closest to CR 31 , east of the irrigation
pond and ditch , and 50 acres east of the land used for cattle and harvesting .
4) The proposed rezoning is not due to any faulty zoning ; its purpose is to allow for 6 estate
lots for the family to live on .
5) The existing land uses are for harvesting hay/corn and raising cattle and rezoning the 6 lots
will not affect the agricultural land use on the west side of the ditch and irrigation pond .
6) Our soil report showed good soil with no existence of any soil limitations . See copy of soils .
report with cluster PUD pre-application
on file .
7) Our change of zone proposal is consistent with Weld County's comprehensive plan and is
compliant with Chapter 22 of the Weld County code . Our proposal is compliant by maintaining .
an agricultural land use designation . We as landowners voluntarily conserve agricultural
land use and our proposal doesn 't interfere with our already irrigation land use . We own and
will keep our water share and have looked into purchasing additional water shares thru
Brighton Lateral Ditch . As landowners , we intend to promote a quality environment that is
free of vehicles , refuse , and unsightly materials . We have established that there is adequate
water supply thru the State Division of Water Resources and a water engineer (see report on
file ) for each 6-estate lot to have its own individual water well permit , see letter from the State of
Colorado Division of Water Resources . Each lot will have its own OWTS . The access road is
already present , and the City of Brighton has given ROW access permit #BP-21 - 01386 as they
are owners of CR 31 . Western Engineering Consultants' drainage report , their report shows
there is adequate stormwater drainage , see their report on file with our cluster PUD application .
8) The does not pertain to our proposal as we do not have any future development of the
surrounding area or have any adopted master plans of affected municipalities .
9) - noise and vibration : the lots are adequately spaced apart and an allowable distance from
one another, and the closest residential estate lot neighborhood is several hundred feet from the
proposed PUD therefore noise and vibration will not be an issue .
-smoke , dust, and odors : the lots are several hundred feet from the nearest neighborhood of
estate lots , and we do not anticipate this to travel to that distance and be an issue .
-heat, light , and glare . The same as above , several hundred feet distancing from the
closest neighborhood .
-visual- aesthetic impacts
- The single-family residential homes shall follow Weld County code for building single-family
homes and adhering to Weld county's building permits .
-electrical interference- we do not anticipate any interference as Excel energy will run
electrical lines according to Weld County code .
-water pollution : - PUD estate lots have their own septic systems and water systems . -
wastewater disposal- each estate lot will have their own individual septic system .
-wetland removal - the PUD site is dry land however if a wetland condition were to develop then
it shall be managed by physical removal of the wetland area by cutting , mowing , or uprooting
the wetland by hand or by machinery. -erosion and sedimentation
-the builders/construction company shall follow an erosion and sedimentation
control plan as designed by their structural/civil engineer. Measures include those necessary
to delineate areas of work/disturbance , prevent erosion of unstable or denuded areas ,
-plan for construction staging and storage logistics , construction of stabilized access .
points , and proper containment measures for construction materials and waste . excavating ,
filling , and grading
-The owners shall hire a licensed land grading company to perform this work and the contractor
shall follow the building permit and Weld County code requirements .
-drilling , ditching , and dredging-The land have ditches that are already dredged
along CR 31 . A licensed contractor shall dredge and form ditches along with coverts as needed
to provide for water drainage . -
-air pollution : -The homeowners shall follow recommended advice from the State of Colorado to
decrease air pollution thru transportation , environmental factors , household factors , and
lawn/gardening tips provided on their website ,
-solid waste : each estate lot residential dwelling shall use a dependable disposal
waste company to remove in a timely fashion of all solid waste , trash ,
-wildlife removal : there is no wildlife present on this raw parcel of land .
-national vegetation removal- land currently has no vegetation grow , no trees , grass , or bushes ,
-radiation/radioactive material : land survey/improvement survey and previous records do not
show any presence of this type of material .
10 ) This is not applicable to our proposal as our land is not located within any overlay zoning
district or a special flood hazard is identified by maps officially adopted by the County .
Nguyen PUDF/PRE23 -0035 - PUDF Submittal Items
Brighton lateral ditch does not use our road they use a road entrance off CR 4 to access the ditch and we
do not need an agreement with them .
I spoke with the City of Brighton 's post office and the supervisor said that she does not write anything up
and has never been asked to do anything like that however stated that we should put either a
single/individual mailbox in a line along CR 31 or a mailbox kiosk to make it easier for the mail carrier,
she left it up to us to decide ."
The HOA declaration of documents for Nguyen Estates LLC, HOA is recorded with Weld County.
PUDF
Development Review Questionnaire
1 ) Currently the land is zoned agricultural , and our proposal is for a change of zone to allow for 6 three-
acre estate lots . The access location is off CR 31 . The City of Brighton is the owner of CR 31 and has
issued a ROW permit ( permit # BP-21 -01386) . The closest intersecting county road is % mile south of the
access road off CR 31 to the nearest intersection of CR 2 & CR 31 .
2 ) There are no anticipated changes to existing access .
3 ) There is no existing gate or a proposed gate to access the road or future lots .
4) There are no accesses on adjacent parcels or on parcels located on the opposite side of the road .
5 ) The land is flat and without trees or bushes that could obstruct anyone' s view of the road,
Northbound or Southbound traffic. There are no anticipated difficulties seeing oncoming traffic from
this proposed access .
6) There are no horizontal curves in the vicinity of the access road . The access road is flat and straight as
well as CR 31 is flat and straight .
7) The topography of the access road and CR 31 is flat in the vicinity of the existing access .
3/20/23
Conformance Memo : Nguyen estate 6 lot subdivision PRE23-0035
I spoke with Geraldo with the City of Brighton Public works division, and he recommended writing a
conformance memo In lieu of a traffic study due to a small residential estate lot subdivision of 6 lots .
There will be approximately 1 -2 cars per home/lot and we can anticipate 1 -2 trips per house/lot per day
totaling 6- 12 trips per day entering and exiting onto CR 31 .
I spoke with Mary Hester with the City of Brighton's right of way permits office and was informed that
the permit for a right of way from CR 31 thru the City of Brighton expires 6 months after the issue .
Therefore, Mary recommends applying for the ROW access road permit after the Cluster PUD has been
approved .
•
WESTRRT\T ENGiNEERING CONSULTANTS
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727 S Denver Ave. Fort Lupton, CO 80621 250 7 Mill Street, Brush, CO 80723
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Office: 720-685-9951
Cell. 303-973- 7341 , Fax. 720-294- 1330
Email: Cf-iathe n.. cox(hji,esterncci. Coin
October 2 , 2021
Weld County Public Works Department
P . O . Box 758
Greeley, CO 80632
RE : DRAINAGE EXEMPTION NARRATIVE
Weld County Public Works Department.
Western Engineering Consultants Inc. LLC (WEC ) has prepared this narrative letter on behalf of the applicant to
describe the proposed improvements and total lot imperviousness .
This project is located at WCR 31 and between WCR's 2 and 4, an overall current acreage of approximately 122 .64 and
a remaining acreage of 122 .24 after ROW dedications. It is identified as Weld County Parcel No. 147133100011 and is
currently zoned Ag within Weld County.
The property is bound by agricultural properties on the west, south , and east.
PURPOSE :
It is the applicant's desire to subdivide via the County Cluster PUD process into 5 lots — 4 lots at approximately 3.0 acres
and the remainder for the owner/applicant of approximately 110 .24 acres . No improvements are proposed at this time
beyond subdivision . The 4 lots will have access from WCR 31 , with two of the lots fronting WCR 31 and an internal
access easement providing access to the rear lots between the two lots fronting WCR 31 .
EXISTING CONDITIONS :
The existing lot currently contains no existing structures and is an existing farm pasture with a water body present in the
middle of the property.
PROPOSED IMPROVEMENTS :
Each of the 4 proposed lots will be regulated to the following maximum improvements by the proposed PUD . It is
assumed any further additional impervious improvements would require an on site storm detention pond .
7 ,000 sft 90% Impervious Primary Residence & Accessory Buildings
2 ,600 sft 40% Impervious Gravel Access / Yard
1 ,000 sft 100% Impervious Concrete Paving (access or flatwork adjacent to structures )
1 , 000 sft 100% Impervious Asphalt Paving (access or hardscape adjacent to structures)
It should be noted that the limits proposed above could be modified in any combination as long as the effective overall
3 .0 acre lot imperviousness does not exceed 10% (i .e. if no asphalt paving occurred then additional gravel , concrete . or
building could be added ). It is recommended upon lot development that a letter from a Professional Engineer be
required determining the final proposed imperviousness to confirm the above limitations are met.
Nguyen Cluster PUD Drainage Exemption October 2, 2021
Western Engineering Consultants inc LLC Page 2 of 2
On a per lot basis of 3 .0 acres — adding all of the above improvements to each lot would create an effective overall
imperviousness of 9 .9% . In accordance with Weld County drainage code exemptions — specifically Item #7 ( Residential
developments ) which have criteria A through D . Specifically this project meets each of the following exemption items
under criteria #7 :
a . 9 lots or fewer (5 lots are proposed by the Cluster PUD )
b . Average lot size equal or greater than 3 . 0 acres
c. Downstream roadway criteria are not exceeded
d . Total post development imperviousness for the development does not exceed 10%
Regarding item c — the entire site drains from east to west so no contribution occurs for runoff towards WCR 31 roadside
ditch .
Regarding item d — following the proposed maximum surface limits of buildings, gravel , concrete, and asphalt noted
above — the maximum developed imperviousness for each of the 3 . 0 acre lots is 9.90% .
Also included are the potential limits of impervious for Lot 5 which is expected to be retained by the Nguyen family for
their residence. The overall property remaining area is 110 .24 acres +/- but if they decide to create 6 lots with the
remainder east of the ditch . an additional lot area would be approximately 9 .26 acres . The second table of impervious
improvements includes 10 , 000 sft of buildings , 15 ,000 sft of gravel, and 5 ,000 sft of concrete and asphalt to achieve a
9— imperviousness .
See attached Table for imperviousness calculations .
CLOSING
Per Weld County Chapter 8 . section 8- 11 -40-H , Exception # 7 , this development would not be required to provide
stormwater detention .
WEC appreciates the County's review of this exemption request!
Please contact me with any questions or comments you may have .
Sincerely,
‘`,,��11�1t1t1i11/t1f,�ON'RE r11 N! 9.49
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Western Engineering Consultants inc. , LLC w �/ I
Chadwin F. Cox, P . E. ."
44
Senior Project Manager F ,fi• ., 10/02/21 ..: 3/4-
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End. Site Impervious Table
EXISTING PROPOSED
Existing Developed
EACH LOT ONLY 130, 680 130,680
EX Bldg
Proposed Primary Bldg 3,000
Proposed Accessory Bldg 4,000
EX Bldg to be Removed
TOTAL BLDG 7,000 6,300.0 0.048
EX Gravel u
Proposed Gravel 0 2,600
EX Gravel to be Removed 0
TOTAL GRAVEL 0 2,600 0.018
EX Conc 0
Proposed Conc 0 1,000
EX Conc to be Removed ,3
TOTAL CONC 0 1,000 1,000 ' 0.008
EX Asph 0 U
Proposed Asph C? 1,000
EX Asph to be Removed 0 D
TOTAL ASPHALT 0 1,000 900.0 0.007
Ex Landscape 130,680 130,680
Proposed Landscape 130,680 119,080 2,381.6 0.018
0.099 MAX IMP EA LOT
EXISTING PROPOSED
Existing Developed
NGUYEN - LOT 5 404, 953 404,953
EX Bldg
Proposed Primary Bldg C' 4,000
Proposed Accessory Bldg C) 6,000
EX Bldg to be Removed L'
TOTAL BLDG C'` 10,000 9,000.0 0.022
EX Gravel C
Proposed Gravel 0 15,000
EX Gravel to be Removed C �'
TOTAL GRAVEL 15,000 15,000 0.033
EX Conc
Proposed Conc 5,000
EX Conc to be Removed 4
TOTAL CONC 5,000 5,000.0 0.012
EX Asph 0
Proposed Asph 5,000
EX Asph to be Removed
TOTAL ASPHALT 5,000 4, 500.0 0.011
Ex Landscape 404,951 404 ,953
Proposed Landscape 404,953 _ 369,953 7,399. 1 0.018
0.097 MAX IMP EA LOT
ROAD USE AND MAINTENANCE AGREEMENT
THIS AGREEMENT is made and entered into this / 8 day of 114 Ay . 2023 , by and
between PDC Energy, Inc. whose address is 1 099 l 8`'' Street. Granite Tower. Suite 1500, Denver. CO 80202.
("PDC"), and Brandon Nguyen. Lisa Nguyen and Moriah Turney ( " Surface Owners " ). whose address is
1855 Virginia Dr. , Fort Lupton. CO 80621 . individually referred to herein as a "Party" and collectively
referred to herein as the "Parties" .
] . Background . PDC currently uses and maintains an existing access road. all or portions of which were
constructed and/or have been maintained by PDC and/or its predecessor in interest (the "Lease Road")
to access PDC ' s oil and gas leasehold. wells. or facilities within the N2SE of Section 33 . Township
1 North. Range 66 West, 6th P. M . Weld County, Colorado ("PDC Property"). more specifically shown
on Exhibit "A," attached hereto and made a part hereof. Surface Owners desire to use a portion of
the Access and Lease Road ("Shared Lease Road"), more specifically shown on Exhibit "A, " in order
to access their property including the proposed future use of a "Planned Unit Development" (PUD)
contingent on Weld County ' s approval of said PUD.
2. Surface Owner Consent to use Lease Road. PDC has obtained the consent of all such surface estate
owners to its use of the Lease Road to access PDC Property . PDC makes no representation or
warranties as to any rights, grants or consents from surface estate owners which may be necessary for
Surface Owners to use any portion of the Shared Lease Road (or Lease Road) .
3 . Routine Maintenance. PDC shall continue to maintain the Lease Road. PDC and Surface Owners
shall jointly maintain the Shared Lease Road in a condition which, in PDC's reasonable judgment,
will allow safe and convenient passage by PDC ' s company vehicles. authorized contractors and
agents, pumpers' trucks and oil purchasers' tank trucks. Routine Maintenance shall include shared
mowing and weed control . snow plowing and grading the surface to provide for proper drainage and
pothole and washout repair.
4 . Special Maintenance: Improvements and Paving . If a Party causes unusual damages to the Shared
Lease Road outside of being able to be corrected by Routine Maintenance, including but not limited
to damages caused by the exploration. drilling, stimulation, completion. re-stimulation. re-
completion, deepening. reworking. equipping. producing, installation or removal of
flowlines/pipelines/production facilities, construction of new access roads and plugging and
abandonment operations, then the Party causing such damage shall bear the entire cost to reclaim the
affected portions of the Shared Lease Road . Surface Owners shall not make any, improvements
to or pave the Shared Lease Road Prior to January 1 . 2025 . allowing PDC to complete all
drilling. completion, and equipping operations at its pad location currently known as the
Ottesen pad . Following any such paving. all maintenance ( routine and special ) covered
under Sections 3 and 4. including the costs associated with such . will be shared between
PDC . Surface Owners. their heirs. successors. and assigns. with such maintenance and the
costs thereof to first be mutually agreed upon by all Parties. their heirs . successors . and
assigns .
5 . Other Roads . Any extensions of the Shared Lease Road , including construction of a new road built
to connect the Shared Lease Road to one or the other Parties leasehold, IA ells. facilities or property.
will be the sole responsibility of Party requiring the extension and shall be made at its sole cost and
expense.
Road Use and Maintenance Agreement
Ottesen
1
6. Term . The term of this Agreement shall be for as long as either Party continues to use the Shared
Lease Road to access its oil and gas leasehold. wells. facilities or property . Notwithstanding the
above. either Party may terminate this Agreement by giving 30 days written notice to the other Party
at the address stated above after which time the Parties shall have no further responsibility or
obligation to each other under this Agreement.
7 . Assignment. Subject to the final sentence of this Section 7. the rights of either party hereunder
may be assigned in whole or in part in connection with assignment of their respective leasehold,
wells. facilities or other applicable property. and upon such assignment the assignor shall be
relieved of its obligations hereunder. except for obligations arising prior to the effectiveness of such
assignment. and the provisions hereof shall instead be binding on their heirs, successors and
assigns . The rights and obligations hereunder are covenants running with the land and shall
bind each Party's heirs. successors. and assigns. including assigns of Surface Owner
pursuant to the PUD . If Surface Owners. or any of them . desire to assign their right
hereunder in connection with the PUD. such Surface Owner(s) shall first obtain PDC 's
prior written consent, which PDC may withhold or condition at its sole discretion .
including by requiring upfront payment for Surface Owners ' remaining maintenance
obligations hereunder.
8 . Indemnification .
8 . 1 PDC agrees to indemnify and hold Surface Owners harmless from and against any and
all claims, liabilities, penalties. damages. expenses. losses. judgments. injury and expense.
including costs and attorney fees (collectively. "Claims"). arising from any injury to any
person whomsoever or damage to property of any nature. occasioned by negligence or
willfully wrongful acts or omissions of PDC as to any matter or thing arising out of PDC ' s
use of the Shared Lease Road. unless such Claim is caused in whole or part by the acts or
omissions of Surface Owners .
8 .2 Surface Owners agree to indemnify and hold PDC harmless from and against any and all
Claims, arising from any injury to any person whomsoever or damage to property of any
nature. occasioned by the negligence or willfully wrongful acts or omissions of Surface
Owners as to any matter or thing arising out of Surface Owner' s use of the Shared Lease
Road. unless such Claim is caused in whole or part by the acts or omissions of PDC .
9 . General Provisions .
9 . 1 Conflict of Interest. No director, employee, or agent of either Party will give or receive any
commission , fee. rebate. gift, or entertainment of significant cost or value in connection
with this Assignment. During the term of this Agreement and for two years after
termination of this Agreement. any representatives authorized by either Party may audit
the applicable records of the other Party solely for the purpose of determining whether
there has been compliance with this provision . The provisions of this Section will survive
termination of this Agreement .
9 . 2 Governing Law. This Agreement is governed by and interpreted under the Laws of the
State of Colorado , without regard to its choice of Lawn rules.
Road Use and Maintenance Agreement
Ottesen
2
i.I
9 . 3 Notices . All notices required or permitted under this Agreement must be iii writing and
delivered by certified mail ( postage prepaid ) . by courier service with written verification
of receipt. or by hand delivery to the address of the receiving Party set forth on the signature
page of this Agreement . Notices sent by e-mail or facsimile are ineffective .
9 . 4 Public Announcements . Except as otherwise expressly required by Law a Party may not
issue any public announcement or statement concerning this Agreement without obtaining
the other Party ' s prior written consent .
9 . 5 Third - Pam Rights . Except as otherwise expressly stated herein. no person who is not a
party to this Agreement has and' rights under this Agreement or may enforce any provision
of this Agreement .
9 . 6 Prior Agreements . This Agreement comprises the complete and exclusive agreement
between the Parties regarding the subject matter of this Agreement . and supersedes all oral
and written communications , negotiations . representations. or agreements in relation to that
subject matter made or entered into before the Effective Date .
9 . 7 Amendment . This Agreement may not he amended orally or by performance . No
amendment to this Agreement is effective unless made in writing and signed by authorized
representatives of both Parties .
9 . 8 Waiver. A Party ' s failure to pursue remedies for breach of this Agreement does not
constitute a waiver of or raise any defense against Claims for breach of this Agreement.
The waiver or failure to require the performance of any covenant or obligation contained
in this Agreement or pursue remedies for breach of this Agreement does not waive a later
breach of that covenant or obligation .
9 . 9 Severability . Each provision of this Agreement is severable. and if any provision is
determined to be invalid. unenforceable. or illegal under an \ existing or future law by a
court. arbitrator of competent jurisdiction . or by operation of an) applicable law, the
invalidity . unenforceability . or illegality does not impair the operation of or affect those
portions of this Agreement that are valid , enforceable. and legal . unless the deletion of such
provision or provisions \\ ould result in such a material change that causes completion of
the transactions contemplated herein to be unreasonable .
9 . 10 Survival . Despite termination of this Agreement for any reason . all provisions in this
Agreement containing representations. warranties . and all provisions relating governing-
law . and all causes of action that arose prior to completion or termination . survive
indefinitely until . by their respective terms, they are no longer operative or are otherwise
limited by an applicable statute of limitations .
9 . 11 Counterparts . This Agreement may be executed in counterparts . each of which is
considered an original of this Agreement . and which together will constitute one and the
same instrument . When executed in counterparts . no Party \\ ill be bound to this Agreement
unless and until all Parties have executed and delivered to each of the other Parties an
executed counterpart .
9 . 12 Authorized Representatives . Each Party represents and warrants that the Agreement has
been duly executed and delivered by its authorized officer or other representative and
Road Use and Maintenance A`I'eemeI1t
Ottesen
3
constitutes its legal . valid, and binding obligation enforceable in accordance with its terms.
and no consent or approval of any other person is required in connection with its execution.
delivery, and performance of the Agreement .
Address for Notices for PDC : Address for Notices for Brandon Nguyen. Lisa
Nguyen. and Moriah Turner :
PDC Energy. Inc .
4000 Burlington Ave . 503 County Road 31
Evans, CO 80620 Brighton, CO 80603
IN WITNESS WHEREOF. this Agreement is executed as of the date first above set forth.
Lt-c-` .s- t
PDC ENERGY . INC . -C- Surfacewner:
arnaellt ncytzy
By : Dicky tD r4 La-L.O 3y : Lisa Nguyen
Title : svP - bpzz,. no,,,_s
Surface Owner: Surface Owner:
‘147)
i‘eB randon Ng e By : Moriah Turney
Road Use and Maintenance Agreement
Ottesen
4
ACKNOWLEDGMENTS
STATE OF COLORADO )
)ss .
COUNTY OF .h j s n )
The foregoing instrument was acknowledged before me this ) 8 day of f . 2023 , by
Lisa Nguyen .
Witness my hand and official seal .
N ary Pubic
My commission expires : 0 ► HI 21
YULIANA SWAY MURILLO
NOTARY PUBLIC
STATE OF COLORADO
STATE OF COLORADO ) NOTARY ID 20234001443
)ss . MY COMMISSION EXPIRES 01 /11 /2027
COUNTY OF Adonr
The foregoing instrument was acknowledged before me thistg day of Haq . 2023 . by
Brandon Nguyen .
Witness my hand and official seal .
N art/ Pu i c
My commission expires : o t t Z7
YULIANASUYAY MURILLO
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20234001443
MY COMMISSION EXPIRES 01 /11 /20271
Road Use and Maintenance Agreement
Ottesen
5
STATE OF COLORADO )
)ss.
COUNTY OF C -5 )
The foregoing instrument was acknowledged before me this tct day of uLA- -(-4 . n013 . by
Moriah Turney.
Witness my hand and official seal .
AL,
itt.Y
/ Notary Public a
My commission expires : t ik
r - YULIYA POHORILA
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20234001246
MY COMMISSION EXPIRES 01 /10/2027 ,
STATE OF COLORADO )
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COUNTY OF OAAN.eil )
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The foregoing instrument was acknowledged before me this 2U day of `NA- . 20?3 . by
93J\JV% L\\ 5� - , for PDC Energ , Inc.. on behalf of said corporation .
Witness my hand and official seal .
W1 qemitib
INota \f Public
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My commission expires : C6 •
TIFFNEE LAMB
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20224033180
MY COMMISSION EXPIRES AUGUST 23, 2026
Road 1. se and Maintenance Agreement
Ottesen
6
PUDF
Environmental Health Questionnaire
! ) The proposed potable water source for each of the 6 estate lots will be individual water wells after
they obtained their well permits thru the Colorado State Division of Water Resources. See the letter on
file with the Cluster PUD application stating there are adequate water sources available for the 6
proposed estate lots to apply for an individual water well .
2 ) The proposed sewage disposal system will include OWTS for each individual lot . "A new on -site
wastewater treatment system is proposed" . There are no existing OWTS on this land .
4903396 Pages : 1 of 6
06/ 13 / 2023 02 : 39 PMd Recorder , Weld County CO
0
Carly K.oFPeS : Clerk 1 I I I 1 iIIIII ' 1l1f
Ili l� '` Iit1hii'tN'J'Ittia
DECLARATION OF
NGUYEN ESTATES
This DECLARATION is made on the date hereinafter set forth by Nguyen Estates, LLC, a Colorado
Limited Liability Company, with an address of 503 County Road 31, Brighton, Colorado 80603
( "Declarant").
RECITALS
Declarant is the owner of certain property In the County of Weld, State of Colorado, which is
more particularly described as set forth in Exhibit A attached hereto and by reference made a part
hereof. (a ) Declarant desires to create a limited expense Planned Community on the Real Estate (as
" Real Estate" is defined herein) under the name of Nguyen Estates, LIC, in which portions of the Real
Estate will be designated for separate ownership and uses of a residential nature. ( b) Declarant has
caused the" Nguyen Estates LLC Homeowners Association, Inc. " a Colorado nonprofit corporation, to be
organized under the laws of the State of Colorado, as a homeowner's association, for the purpose of
exercising the functions as herein set forth .
ARTICLE 1
SUBMISSION/DEFINED TERMS
Section 1. 1 Submission of Real Estate. Declarant hereby submits the property described in
Exhibit A (the Real Estate) to the terms and conditions of this Declaration and to the provisions of the
Colorado Common Interest Ownership Act that apply to limited expense Planned Communities, as set
forth in C. R.S. § 38-33.3-116 (the "Act" ), as the Act may be amended from time to time. Declarant
hereby declares that all of the Real Estate shall be held or sold, and conveyed subject to the following
easements, restrictions, covenants, and conditions. Declarant further declares that this Declaration is
made for the purpose of protecting the value and desirability of the Real Estate, that this Declaration
shall run with the Real Estate and shall be binding on all parties having any right, title or interest in the
Real Estate or any part thereof, their heirs, legal representatives, successors, and assigns and shall inure
to the benefit of each Owner.
Section 1 . 2 Defined Terms. Each capitalized term in this Declaration or in the map or plat for the Real
Estate shall have the meaning specified or used in the Act, unless otherwise defined in this Declaration,
as set forth below:
(a) Access Easements means those casements described in Exhibit B.
( b) Act means the Colorado Common Interest Ownership Act, C. R.S. § 38-33.3-101 , et seq ., as it may be
amended from time to time.
(c) Allocated Interests means the undivided interest in the Common Expense -liability and votes in the
Association allocated to each Lot
(d) Association means Nguyen Estates, LLC I Homeowners Association . Inc., a Colorado corporation,
which Association shall be an "owner's association " as defined in
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FOG% Pi'øXi 'iI 11111
(e) Declarant means the Declarant named in this Declaration, and any successor and/or assignee,
designated by written notice or assignment executed by the Declarant and recorded to the extent any
rights or powers reserved to the Declarant are transferred or assigned to that party.
(f) Executive Board. Board or Board of Directors means the body, regardless of name, designated in this
Declaration to act on behalf of the Association .
(g) Lot or Unit means a physical portion of the Common Interest Community, designated for separate
ownership, shown as a Lot on the recorded plat for the Common Interest Community, the boundaries of
which are defined in the plat and in Section 4 of this Declaration.
(h) Owner means the Declarant or any other person or entity that owns a lot.
( I ) Participating Builder means an Owner, other than the Declarant, who acquires a Lot without
Improvements for occupancy constructed thereon from the Declarant for the purpose of constructing
Improvements upon the Lot or for the purpose of reselling such Lot, to a third party, for sale or
otherwise. Participating Builders must be assigned the rights established in this Declaration by the
Declarant.
(j) Real Estate means the property described in Exhibit A, together with all easements, rights, and
appurtenances thereto and the buildings and improvements erected or to be erected thereon . Certain
easements and licenses which the Common Interest Community is subject to as of the date of this
Declaration are recited in Ex hi bit A.
(k) Residence means and refers to a detached, non-cluster, single-family residential dwelling unit
constructed upon any Lot.
(I) Rules and Regulation means all rules, regulations, procedures, and guidelines of the Association .
ARTICLE 2
NAMES DESCRI PTION OF REAL ESTATE
Section 2. 1 Name and Type. The type of Common Interest Community is a Cluster PUD/Estate
lots. The Cluster PUD is located in the County of Weld, State of Colorado. The name of the Cluster PUD is
" Nguyen Estates, LLC.
Section 2 .2 Access Via Private Road. Access to the Estate lots is from the east. The Access
Easements are described in Exhibit B.
Section 2.3 Utility. Map and Plat Easements. Easements for utilities and other purposes over and
across the Lots may be as shown upon recorded plats or maps and as may be established pursuant to
the provisions of this Declaration or granted by authority reserved in any recorded document.
Section 2.4 Easements for the Owners. Each Lot shall be subject to an easement in favor of each
Owner to allow for their performance of obligations in this Declaration .
Section 2.5 Emergency Easements. A nonexclusive easement for ingress and egress is hereby
granted to all police, sheriff, fire protection, ambulance, and other similar emergency agencies or
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Carly Koppes . Clerk and Recorder , Weld County , CO
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persons, now or hereafter servicing the cluster PUD/estate lots, to enter upon any part of the cluster
PUD in the performance of their duties.
Section 2 .7 Maintenance of Drainage. There shall be no interference with the established
drainage pattern over any Lot within the Real Estate.
Section 2.8 Owners' Easements of Enjoyment. Every Owner shall have a right and easement
access to their Lot and of enjoyment in and to private or public Access Easements and such easement
shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions: (C)
the right, power, and authority of the Association to grant any easement, right-of-way, license, lease,
dedication, transfer or conveyance or grant of any similar interest affecting the Access Easements to the
extent detained by the Executive Board to be in the best interests of the cluster PUD; and (d) the right of
the Association to close or limit the use of the Access Easements while maintaining, repairing and
making replacements to the Access Easements.
Section 2.9 Delegation of Use. Any Owner may delegate their right of enjoyment of the Access
Easements to the members of their family, their tenants, guests, or contract purchasers.
ARTICLE 3
THE ASSOCIATION
Section 3. 1 Membership.' "Every person who is a record Owner of a fee interest in any Lot
which is subject to this Declaration shall be a member of the Association, including contract sellers.
Membership shall be appurtenant to and may not be separated from ownership of a Lot. Ownership of a
Lot shall be the sole qualification for such membership. Where more than one person holds an interest
in any Lot, all such persons shall be members. Ownership of a Lot shall entitle the Owner or Owners to
one ( I) vote, for each lot.
Section 3 .2 General Purposes and Powers of the Association . The Association, through its
Executive Board, shall perform functions and manage the cluster PUD as provided in this Declaration so
as to further the interests of the residents, occupants, tenants, and guests of the cluster PUD and
members of the Association. All Owners shall be deemed to have assented to, ratified, and approved
such designation and management. The Association shall have all power necessary or desirable to
effectuate such purposes.
Section 3.3 Authority of the Association . The Association shall be governed by this Declaration,
the plat, its Articles of incorporation, and Bylaws, as amended from time to time, by any rules and
regulations adopted by the Executive Board. The Executive Board may, by written resolution, delegate
authority to a manager or managing agent for the Association, provided no such delegation shall relieve
the Board of final responsibilities.
Section 3.4 Indemnification . To the full extent permitted by law, each officer and director of the
Association shall be and are hereby indemnified by the Owners and the Association against all expenses
and liabilities including attorneys' fees. reasonably incurred by or imposed u n them in any proceeding
to which they may be a party, or in which they may .become involved, by reason of being or having been
an officer or director of the Association or any settlements thereof. whether or not they are an officer or
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Carly Koppes ,, Clerk and Recorder , Weld County . CO
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director of the association at the time such expenses are incurred; except in such cases wherein such
officer or director is adjudged guilty of willful misfeasance malfeasance e in the performance of his
duties; provided that in the event of a settlement, the indemnification shall apply only when the
Executive Board approves such settlement and reimbursement as being in the best interests of the
association .
Section 3.5 Declarant Control. The Declarant shall have the reserved power to appoint and
remove officers and members of the Executive Board until all Lots are conveyed to Owners who
purchase their Lot from the Declarant. The Declarant may voluntarily surrender the right to appoint and
remove officers and members of the Executive Board before termination of the period of declarant
Control but in that event, the Declarant may require, for the duration of the period of declarant Control.
that specified actions of the Association or Executive Board, as described in a recorded instrument
executed by the Declarant be approved by the Declarant before they become effective.
ARTICLE 4
LOTS, LOT BOUNDARIES, AND ASSOCIATION MAINTENANCE
Section 4. 1 Identification of lots/Lot Descriptions. The identification number of each Lot is
shown on the plat. Every contract for sale, deed, lease, Security Interest, will or another legal instrument
shall legally describe a Lot by its identifying number or legal description followed by the name of the
cluster PUD, with reference to the plat and the Declaration .
Section 4.2 Lot Maintenance/Boundaries. Owners are responsible for the maintenance, repair,
and replacement of the Improvements, landscaping, and properties located within their Lot boundaries.
Specifically, Owners shall provide for all interior and exterior maintenance of all Improvements
constructed on or as a part of a Lot. The plans defined by the boundary lines on the plat for the Real
Estate are designated as boundaries of each Lot. Each Lot includes the spaces and improvements lying
within the boundaries described above and also includes the utilities, water lines, and utility meters and
communications, television, telephone, and electrical receptacles and boxes serving that Lot exclusively,
whether or not in the boundaries or contiguous to the Lot unless the same are maintained by a
governmental agency or entity. The owners shall he responsible for the improvement, maintenance
repair and replacement of the Access Easements, including snow removal and the streets within the
Community on an equally dividend basis of all lots in community regardless of lot size. Owners of the Lot
boarding CR 31 are responsible for weed control from the East Lot boarder to CR 31 .
ARTICLE 5
COVENANTS AND RESTRICTIONS ON USE, ALIENATION AND OCCUPANCY
Section 5. 1 Use/Occupancy. All Real Estate within the Community shall be used only for
residential uses and/or uses or purposes as allowed by local zoning, control, and regulation or estate
zoning, the use of each Lot is restricted to that of a single-family Residence. The term "single-family
Residence" means a single housekeeping unit. No buildings or structures shall be moved from other
locations onto a Lot.
Section 5.2 Lots and Fences to be Maintained/Restrictions on Fences. Owners are responsible
for the maintenance, repair, and replacement of the Improvements, landscaping, and properties located
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Carly 'Comes , Clerk and Recorder , Weld county , CO
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within their boundaries. Fences shall be maintained properly and shall not create a hazard or nuisance
to any adjoining parcel owner.
Section 5.3 Erosion and Sediment Control. Pursuant to the plat, construction on each Lot shall
be completed with minimal disturbance to existing vegetation.
Section 5.4 No Wind Generators. No wind generators of any kind shall be constructed, installed,
erected, or maintained on any Lot.
Section 5.5 Construction Activities. During construction, all construction debris will be stored in
a manner that will prevent it from being blown away or otherwise dislodged by storms or high winds.
Section
Section 5.6 Restriction on Subdivision. Lots may not be subdivided.
Section 5.7 Restrictions on Hunting, Mining and Drilling. Hunting shall not be permitted within
the cluster PUD. More specifically, no part of the PUD shall be used for the purpose or purposes of
hunting. There shall be no mining or drilling within the community specifically including oil, gas, and
other mineral, exception only prior existing well, and equipment.
Section 5.8 No Hazardous Activities/Firearms. No activity shall be conducted on any portion of
the PUD which is or might be unsafe or hazardous to any person or property. Without limiting the
generality of the foregoing, no firearms shall be discharged upon any portion of the PUD.
Section 5.9 Restriction on Signs, Banners and Flags. No advertising, signs, banner or flags of any
character shall be created, placed, permitted, or maintained on and Lot other than a for sale or for rent
sign not to exceed four (4) square feet in size and except for the flag of the United States, the State of
Colorado, Military associated flags which may be displayed .
Section 5. 10 No Unsightliness. All unsightly conditions, structures, facilities, equipment, objects
and conditions as determined by the executive board shall be enclosed within the improvements
constructed on a lot.
Section 5. 11 Modular and Factory Homes Prohibited. There shall be no modular homes or
factory built homes permitted on any lot within Nguyen Estates. Modular and factory-built homes are
defined as any structure intended for residential occupancy which is built off-site and moved onto a lot.
Section 5. 12 Underground Utilities. All utilities, including electrical, television, radio, gas and
telephone installations and connections from any property line of a Lot to a Residence or other
structures shall be placed underground, except for above-ground utilities existing as of the date of this
Declaration .
ARTICLE 6
GENERAL PROVISIONS
Section 6. 1. Enforcement. The Association or an Owner or Owners of any of the Properties may
enforce the restrictions, conditions, covenants, and reservations imposed by the provisions of this
Declaration by proceedings at law or in equity against any person or persons, either to recover damages
for such violation, including reasonable attorney's fees incurred in enforcing these covenants or to
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restrain such violation or attempted violation. Failure of the Association or of any Owner to enforce any
covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so
thereafter.
Section 6.2. Amendment of Declaration . Map or Plat by Declarant. Until the first Lot has been
conveyed by Declarant by deed recorded in the office of the County Clerk and Recorder of the County,
any of the provisions, covenants, conditions, restrictions, and equitable servitudes contained in this
Declaration or Exhibits of this Declaration, the map or the plat may be amended by Declarant by the
recordation of a written instrument, executed by Declaration, setting forth such amendment.
Section 6.3 Interpretation . The provisions of this Declaration shall be liberally construed to
effectuate their purposes of creating a uniform plan for the development of Real Estate and of
promoting and effectuating the fundamental concepts as set forth in the recitals of this Declaration, This
Declaration shall be construed and governed under the laws of the State of Colorado.
IN WITNESS WHEREOF, the Declarant has caused this First Amendment to Declaration to be
executed by its duly authorized agents this I day of May 2023. Nguyen Estates LLC, L. L.C., a
Colorado limited liability company, Declarant.
By: Nguyen Estates, LLC.
lin% Ai ..�"
Brandon Nguyen, Manager
STATE OF COLORADO )
CITY AND ) ss.
COUNTY Of WELD )
The foregoing instrument was pledged before me this Val day of May 2023, by Brandon Nguyen as
manager and agent of Nguyen Estates, LLC, L. L.C., a Colorado Limited Liability Company.
Witness my hand and official seal .
My commission expires pt / 1 I/202.„
otary Public
LIANA SUYAY MUR�LL •
� IC
NOTARY PUBLIC
STATE OF C
NOTARY 1D 201443
MY COMMISS10N EXPIRES 01 /11 /2027
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Notice of Inquiry
Weld County
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Pre-application Case # PRE22-0040
Date of Inquiry 3/4/2022
Municipality Fort Lupton CPA
Name of Person Inquiring Lisa Nguyen
Property Owner Lisa Nguyen , Brandon Nguyen & Moriah Turney
Planner Michael Hall
Planner Phone Number ( 970 ) 400-3528
Planner Email Address mhall@weldgov . com
Legal Description Lot D of RECX20-0040
Parcel Number 147133100011
Nearest Intersection CR 31 & CR 4
Type of Inquiry Proposed Cluster PUD
The above person met with County Planning staff about developing a parcel of land inside your designated
Intergovernmental Agreement/Coordinated Planning Agreement Boundary .
7LAI/fial
County Planner' s signature
\,
Would you like to pursue annexation of this property? NO A YES
Date of Contact 3/7 VI--
Comments :
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Signature o 'Municipality Representative Title Date
Please sign and date to acknowledge that the applicant has contacted you
and return this signed form to Weld County Department of Planning Services .
Weld County Planning Department
1555 N 17th Ave , Greeley , CO 80631 a• (970 ) 400-6100 (970 ) 304-6498 Fax
20181107
Weld County Treasurer
Statement of Taxes Due
______
Account Number R8967612 Parcel 147133100011
Legal Description Situs Address
PT S2N2 33 166 LOT D REC EXEMPT RECX20-0040
Account: R8967612
NGUYEN LISA
1855 VIRGINIA DR
FORT LUPTON, CO 80621 -7630
Year Tax Interest Fees Payments Balance
Tax Charge
2022 $880. 80 $0 00 $0.00 ($440.40) $440._40
Total Tax Charge $440 40
First Half Due as of 02/21 /2023 $Q.00
Second Half Due as of 02/21/2023
$440.40
Tax Billed at 2022 Rates for Tax Area 2524 - 2524
Authority Mill Levy Amount Values Actual Assessed
WELD COUNTY 15 0380000* $ 145. 71 AG-FLOOD $28,676 $7,570
SCHOOL DIST 27J 56.2900000 $545 .46 IRRRCGATED LAND
CENTRAL COLORADO WATER 1 .0680000 $ 10.35 AG-DRY FARM LAND $2,537 $670
(CCW AG-MEADOW HAY $5 ,360 $ 1 ,420
GREATER BRIGHTON FIRE 15 .3200000 $ 148.45 LAND
HIGH PLAINS LIBRARY 3 . 1810000 $30 83 AG-WASTE LAND $95 $30
Taxes Billed 2022 90.8970000 $880.80 Total $36,668 $9,690
* Credit Levy
Weld County Treasurer' s Office
t ' 1400 N 17th Avenue
.a ! ( 1
PO Box 458
r _ -- �- y i Greeley , CO 80632
Io LO Phone : 970-400-3290
Pursuant to the Weld County Subdivision Ordinance , the attached Statement of Taxes Due
issued by the Weld County Treasurer , are evidence of the status as of this date of all property
o taxes , special assessments , and prior tax liens attached to this account .
Current year' s taxes are due but not delinquent.
Signed Z •' . - -� Date :
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