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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 koko3 - 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. G � , het 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 or-etv) --- fel - e>aneitereu. &Jr q - The neturt, 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 f t cam41 Ali 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. Aba-,- 3 - 5 - Z -z B ----- 5 ..-- 2:2...., COIu e4A- 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 / ) * ,,„ee ': 1 My Commission Expires September 2112022 ylE`rw` (tà �"' 'YN rt ... (Notary's official signature) rig tr2-.1 f 2-0 12-2. (Commission Expiration) GRANTOR: BY: tki � . d RAND ON NGUYEN i Nt STATE OFL: , , .. au ) ACKNOWLEDGMENT COUNTY OF tor Vo :: ) 000-v,; I � xw - This record was acknowledged before me on keerir,licaittliPt, by ligANDON NGUYEN. L.. ' �� ` i C 4.4 �f i i , / STATE OF COLD D e Wfp �° O F `d°� '!' �ise , f�'➢ ao. z..:a, „vn .6: .yv<4! :a i NOTARY ID 20104038580 otary's official a s nag MCommissionExpires September 21t 202$ �Y'�?o�� 'tea !I^o SrV 4 `G�� 4 {F•a t �cR�lis� � . . fi11Ah�14F%��'3R7YRS�t,Gy .t,`gfCfG0Y6y-W/msPu`a�. . Junr.NYw k..n.A![A.�w'iRsi@R ""Ai#Awro wd�TtAK ''Ak�'.Y"9., ,(Commission Expiration) GRANTOR: BY: 1,41-04,.....- MORTAR NGUYEN STATE : E .: . } ACKNOWLEDGMENT COUNTY F .. . it ) rA 23 This record was ac now e e before a on ( .3YVctL't4 2022 by Me0FAII NGUYEN / -. • $ >� .. m. s j , •::::--- , �� sue''`2/4% ..� il Ili 4 e -.... ., rto# 4---t-0-0-v 0 TARy PUBLIC (Notary's official(signature) b STATE At�4b2�KC OF DA , KOSIII coCri00..^, �� t ° M a\� NOTARY D '201 yp @M gp . . N iO e 9 ygNyg '^. "x`36 Ya_ tQio� •'•'r 4 4 22i . - sta....,A''.': .,T.;t1So�:?L`SyX•CcaIdESTd'. 1°7.....Y.....�17......, bP„.... 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North, Range 66 West of the 6th Principal Meridian, Weld : : • .,:. ; ' ::. =. : • • . ounty, State of Colorado, five. 5) feet on each side of the. following described J. • : : ' : : .t :•. : ' : e innin at tl�e southeast orne of said Lot , said sonde t corned being t� has one- :. d er warner of said Section .3� ; Bence north, + feet, l r • the east. in�e f tie 1 of . . . ' - : .: said Section 3 3 to h ;TRUE Po�� EGINNI G • : : : : . . ' - thence Wiest, 13 0.4: on an angle to the fight o ' " on saline dine that hi s :sl t -fiv ; ; : n rt i . of and ar llel with the uth l ne f said I� = : : . =, . - . _ thence north, 23 `.00 feet, on an angle to the left of 900 00' 2 "", parallel with said east : : . • : : line • to the point of Te�nus. ;.', _ ,.. _ Said strip contains: .1 7 sr rare fe ~t, X0.3 ,. acres amore ter les � ::=• : : = • : • •. _ • An illustration. for said strip is attached as 'Sheet of 2 and made a_ p� hereof.• • ; : _ • • • • ' • • • 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 , : : : :. : : eras wr tten. .for .United Power, Inc., and on behalf of L a nbert La�.d . onsulting, LLC, o� . : :: : : : •. . : _ •, March 25, 2022, under Job Number L2- -026, and is NOT to be construed .as =representin. :; : : . :• a rnonu�ented la d � ey. ; : . :s . . '. _•. 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(%:�tr S {,.xr '::')';s t 724X...., 1♦s<' '=: `L'"'/l;`i'l o'; aR3issh'iH>l ,�i3>F�l:T'`l.4' • . • • -• - ><{'• ,. >t" 'his:S3;`i.>4`7 _ _u .ikp;• - ' • - • ' }3�1' c fit: > ' • M B E T • .. . . ... . . . . . . .. . . . . . .. . . . . • . . • • . . • . •. • . . . . . . . . . . . . . . . . . • . . . . . . - . . .. R . . . . " . . L A . . . . .. . . . . . . • • " . • . . : 3 :_s F. . . •IN, y { yi . ...Li, Jfl• ♦a a N. :I� , 1Y••Y" �•� lam" M. �L �€ly..Y� • •.' . : :: : .. o 9704217.2199 + f 970. 32.9830 + 417 S. Whitcomb Street + Fort Coins, CO 89521 + www.lambertic.com : .: ; : ILLUSTRATION SHEET 2 OF 2 NORTHEAST ONE-QUARTER OF SECTION � � , To�vN SHIP 1 NORTH , RANGE 66 WEST OF THE 6th P .M . � 00 WFLD COUNTY, STATE, OF COLORADO CD (51 o W cm o a CONCRETE fOUNDATION 10' UNITED POWER, INC 1 0 DWELLING JNDER CONST- UCTION RIGHT-OF-WAY - I ---- a REC. NO. 2277417 (2-6-1992 ) i - • 30' 40' -----r- -� fo) 10' •_ ` mi POINT OF LOT D, n Q�` TERMINUS RECORDED EXEMPTION NO.1471-33-1 RECX20-0040 cc RECEPTION NO. 4612746 (7-24-2020) 1 1 C9 0 0 10' H '8 c 5 GRANTEE : LISA NGUYEN AND BRANDON NGUYEN AND MORIAH TURNEY `- I RECEPTION NO. 4699938 (4-01 -2021 ) Li-cr: 1 U 0 U cv fro 1 °� cn C 1 g0 31045' . .. ._...- .. _...rr....�.. . . L,..,,,,..1111.,.w . . �.WYW.,..,.�.�.,.:.,:.- .........—.�.... . ...�,�..... .n...W....w.w.A.d",r �;�;� , � � � ' a�, � ��� � � TRUE POINT OF BEGINNING _ .,__ I _..._ . - _ ____. - ..._ - ...._ - — '- —.. 65' _GI�A1/EL. �OACD_ �" :b3, w ,°,. ,�. � . co t 9O UT - L{ \1E Of LOT D - 90°0'26" POINT OF BEGINNING EXISTING EL�CTI�ICAL SOUTHEAST CORNER OF LOT D 30' EASEMENT AND RIGHT-OF-WAY CABINETS EAST ONE-QUARTER CORNER RECEPTION NO. 4257578 10' UNITED POWER, INC I OF SECTION 33 RIGHT-OF-WAY —Pal I - REC. NO. 2275798 ( 1992) E a. p3 t Ui tU Ui id Ui S U i d I co 3 oi NOTICE : ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY 0, WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT ni IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON . $: Date Revisions Prepared for: Project#: L22-026 0 3-25-2022 ORIGINAL DOCUMENT - I/TS UNIT ED PO\VFR, INC L€1 i z 100 400 — 0 T 0 200 . .... .. Lambert Land Consulting, LLC cu SCALE : 1 " = 200 ' _______ _ 417 S . Whitcomb Street • Fort Collins - Colorado 80521 ow cu I Phone 970 .217 .2190 - 970 .232.9830 Fax , o 1 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 \A/ 727 S Denver Ave. Fort Lupton, CO 80621 250 7 Mill Street, Brush, CO 80723 T J ,r — 1 .1. s 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 <e n% y SI w Western Engineering Consultants inc. , LLC w �/ I Chadwin F. Cox, P . E. ." 44 Senior Project Manager F ,fi• ., 10/02/21 ..: 3/4- �' 11 1 AL ` W' 1"11ttl l { ins. 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 ) )ss . COUNTY OF OAAN.eil ) r1� 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 r 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 4903396 Pages : 2 of 6 06 / 13 /2023 02 : 39 PM R Fee : $38 . 00 Carly Koppes , Clerk and Recorder , Weld County , CO 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 4903396 Pages : 3 of 6 06 / 13 / 2023 02 : 39 PM R Fee : $38 . 00 Carly Koppes . Clerk and Recorder , Weld County , CO lin kicirnriqfreiriChigliJIIVAIW :iiii:Ailliliisliliki, IIliii 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 4903396 Pages : 4 of 6 06 / 13/2023 02 : 39 PM R Fee : $38 . 00 Carly Koppes ,, Clerk and Recorder , Weld County . CO HI Nirdingleillthii:1"."4 Via Ni''1I kANWii, liii ! 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 4903396 Pages : 5 of 6 06 / 13 /2023 02 : 39 PM R F'ee : $38 . 00 Carly 'Comes , Clerk and Recorder , Weld county , CO liii flicilMaillifitiRliiii Kiit ii it 10111 lilt Ill III 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 4903396 Pages : 6 of 6 06 / 13/2023 02 : 39 PM R Fee : $38 . 00 Carly Koppes , Clerk and Recorder , Weld County , CO IiiFAIM MOVI�� �����h11' NJ ���������,� a�� ��: Ili III !I l 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 \‘ . S \ 1861 / '4;�. Notice of Inquiry Weld County � Y 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 : /1/2-4 3 ce?I 4_ s k -7,14/ 5,27/4 Ifni( ill 's- f ( hitg_ t-th t7.7. 7374/,/ -,, _ 3 �.i ,' ;/ � '? 77(e-ry ! (1 /� tar 'e- ec f' l 9-/s-iesiL <? / �� l �- � mdit ' ,-/ �/''mil' -ten (111' 1- '`‘ 7 / eel Ca e / • 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 : Hello