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Home My WebLink About780978.tiff RESOLUTION RE: APPROVAL OF FINAL PLAT AND APPROVAL OF SUBDIVISION IMPROVE- MENT AGREEMENT AMENDMENTS FOR FARMERS MART - LOVEMONT INVESTMENT, DEVELOPER. WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS , the Board of County Commissioners has had the Final Plat for Farmers Mart submitted to them by Lovemont Investment, Developer, for approval in accordance with the Subdivision Regulations of Weld County, Colorado, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, and WHEREAS, the Board of County Commissioners has studied the request and studied the recommendations of the Weld County Planning Commission, as submitted, and having been fully in- formed and satisfied that the submitted Final Plat conforms in all respects with the requirements of the Weld County Subdivision Regulations, and that approval of said Final Plat would be in the best interests of the County, and WHEREAS, the Board of County Commissioners finds that the Final Plat conforms in all major respects to the Preliminary Plat as previously reviewed and approved by the Board of County Commissioners, and WHEREAS, the Board of County Commissioners further finds that the applicant has complied with the Final Plat submission requirements as set forth in the Weld County Subdivision Regu- lations, and WHEREAS, it has been recommended that the subdivision improve- ments agreement be amended to state that in lieu of filing a bond at the present time, the plat shall state that no building permits will be issued until all improvements are made and that prior to the first building permit being issued, a bond will then be filed with Weld County to cover the twelve (12) month review period for 1 C,' S .� FA P f/) C•� r Tr 780978 / - l (p acceptance of the streets by the County for maintenance, and WHEREAS, the owner of said subdivision shall be required to sign the amended Subdivision Improvement Agreement. NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado, that the Final Plat of Farmers Mart described on the legal description attached hereto as "Exhibit A" and incorporated herein by this reference, be, and hereby is, approved, subject to the Development Standards as shown on said Final Plat. BE IT FURTHER RESOLVED that the Subdivision Improvements Agreement be and hereby is amended to state that in lieu of filing a bond at the present time, the plat shall state that no building permits will be issued until all improvements are made and that prior to the first building permit being issued, a bond will then be filed with Weld County to cover the twelve (12) month review period for acceptance of the streets by the County for maintenance, and BE IT FUTHER RESOLVED that the owner of said subdivision shall be required to sign the amended Subdivision Improvement Agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 10th day of July, A.D. , 1978. BOARD OF COUNTY COMMISSIONERS WELD COUNTY COLORADO / 1 - G ATTEST: Weld County Clerk and Recorder and" Clerk to the Boa .d B17:,./f_ /.lnn�Q X.,Z::L'... \\ 4 ,ti.C/5 etc?I eputy County Clerk `•AP ED AS -CORM: O C�County Attorney Date Presented: July 12, 1978 • "EXHIBIT A" KNOW ALL MEN BY THESE PRESENTS THAT LOVEM(NNT INVESTMENT COMPANY BEING THE (r/NER OF A PART OF THE NORTHWEST ONE-QUARTER OF SECTION 26, TOWNSHIP 3 NORTH, PJV• ;E 6'? WEST OF THE 0TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY- DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH ONE-QUARTER CORNER OF SAID SECTION 26; THENCE S00°13'00"W A DISTmCE OF 40.00 FEET TO A POINT ON THE SOUTH RIGHT- OF-WAY LINE OF COLORADO STATE HIGMJAY 66; THENCE $69°25'OO"W AND ALONG THE SOUTH RIGHT-OF-WAY LINE OF COLORADO STATE HIGHWAY 66 A DISTANCE OF 1:70.71 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOO°13'00"W A DISTANCE OF 1279. 93 FEET; THENCE 589O25'ln"W A DIS- TANCE OF 1325.86 FELT TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF INTERSTATE 25; THENCE NORTHEASTERLY ALONG THE EAST RIGHT-OF-WAY LINE THE FOLLOWING 3 COURSES: 1) N90'27' 30"E A DISTANCE OF 206. 37 FEET. 2) N1(i°00'00"E A DISTANCE OF 1088.80 FEET. 3) N5)5"5Q't"'E A DISTANCE OF 500.89 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF COLORADO STATE HIGFk1AY 66. THENCE N89°25'00"E NJD ALONG 7THE SOUTH RIGHT-OF-WAY LINE OF COLORADO STATE HIGHWAY '?6 A DISUINCE OF 529.35 FEET TO TIDE TRUE POINT OF BE- GINNING, CONTAINING 35.01] ACRES. e SPUDIVISi011 AGRELMLNl THIS AGREEMENT, made and entered into this /pday of _ LZZR by and between the County of Weld, Colorado, acting through Board of County Commissioners , hereinafter called "County" , and LOVEMONT INVESTMENT COMPANY ,hereinafter called "Subdivider" . WITNESSETH: WHEREAS, Subdivider is the owner of or has a controlling interest in the following described property in the County of Weld, Colorado: A PART OF THE NORTHWEST ONE—QUARTER OF SECTION 26, TOWNSHIP 3 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH ONE-QUARTER CORNER OF SAID SECTION 26; THENCE 500°13'00"W A DISTANCE OF 40.00 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF COLORADO STATE HIGHWAY 66; THENCE S89°25'00"W AND ALONG THE SOUTH RIGHT-OF-WAY LINE OF COLORADO STATE HIGHWAY 66 A DISTANCE OF 1270.76 FEET TO THE TRUE POINT OF BEGINNING; THENCE 500°13'00"W A DISTANCE OF 1279.93 FEET; THENCE 589°25'10"W A DISTANCE OF 1325.86 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF INTERSTATE 25; THENCE NORTHEASTERLY ALONG THE EAST RIGHT-OF-WAY LINE THE FOLLOWING 3 COURSES: 1) N00°25'30"E A DISTANCE OF 206.37 FEET. 2) N16°00'00"E A DISTANCE OF 1088.80 FEET. 3) N85°59'42"E A DISTANCE OF 500.89 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF COLORADO STATE HIGHWAY 66. THENCE N89°25'00"E AND ALONG THE SOUTH RIGHT-OF-WAY LINE OF COLORADO STATE HIGHWAT 66 A DISTANCE OF 529.35 FEET TO THE TRUE POINT OF BEGINNING, CONTAINING 35.011 ACRES. WHEREAS, a final subdivision plat of said property, to to known as THE FARMER'S MART has been submitted to the County for approval ; and WHEREAS , Section 11-1 of the Weld County Subdivision Regulations pro- vides that no final plat shall be approved by the Board of County Commissioners until the Subdivider has submitted a Subdivision Improvement Agreement guaranteeing the construction of the public improvements shown on plans , plats and supporting documents of the subdivision, which improvements , along with a time schedule for completion, are listed in Exhibits "A" and "B" of this Agreement. NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the acceptance and approval of said final plat, the parties hereto promise, covenant, and agree as follows : . 1 . Lngineering Services :_ Subdivider shall furnish , at its own expense, all engineering services in connection with the design and construction of the subdivision improvements listed on Exhibit "A" which is attached hereto and made a part hereof by this reference. 1 . 1 The required engineering services shall be performed by a Professional Engineer and Land Surveyor registered in the State of Colorado, and shall conform to the standards and criteria established by the County for public improvements. 1 . 2 The required engineering services shall consist of, but not be limited to, surveys , designs , plans and pro- files, estimates , construction supervision, and the submission of necessary documents to the County. 1 . 3 Subdivider shall furnish drawings and cost estimates for roads within the subdivision to the County for ap- proval prior to the letting of any construction contract. Before acceptance of the roads within the subdivision by the County, Subdivider shall furnish one set of repro- ducible "as-built" drawings and a final statema:'; of con- struction cost to the County. 2. Rights-of-Way and Easements : Before commencing the construction of any improvements herein agreed upon, Subdivider shall acquire , at its own expense, good and sufficient rights-of-way and easements on all lands and facilities traversed by the proposed improvements . All such rights-of-way and easements used for the construction of roads to be accepted by the County shall be conveyed to the County and the docu- ments of conveyance shall be furnished to the County for recording. 3. Construction: Subdivider shall furnish and install , at its own expense, the subdivision improvements listed on Exhibit "A" which is attached hereto and made a part hereof by this reference, according to the construction schedule set out in Exhibit "B" also attached hereto and made a part hereof by this reference. 3. 1 Said construction shall be in strict conformance to the plans and drawings approved by the County and the speci- fications adopted by the County for such public improve- ments. Whenever a subdivision is proposed within three 2- miles nl an incorpohiI ' d community Inc.iied in Llir County or located in any adjacent county, the Subdivider shall be required to install improvements in accordance with the requirements and standards that would exist if the plat were developed within the corporate limits of that com- munity. If the incorporated community has not adopted such requirements and standards at the time the subdivision is proposed , the requirements and standards of the County shall be adhered to. If both the incorporated community and the County have requirements and standards , those re- quirements and standards that are more restrictive shall apply. 3.2 Subdivider shall employ, at its own expense, a qualified testing company previously approved by the County to per- form all testing of materials or construction that is re- quired by the County; and shall furnish copies of test re- sults to the County. 3. 3 At all times during said construction , the County shall have the right to test and inspect or to require testing and inspection of material and work at Subdivider's expense. Any material or work not conforming to the approved plans and specifications shall be removed and replaced to the satis- faction of the County at Subdivider' s expense. 3. 4 The Subdivider shall furnish proof that proper arrangements have been made for the installation of sanitary sewer or septic systems, water, gas , electric and telephone services . 3.5 Said subdivision improvements shall be completed, according to the terms of this Agreement, within the construction schedule appearing in Exhibit "B" . The Board of County Commissioners , at its option, may grant an extension of the time of completion shown on Exhibit "B" upon application by the Subdivider. 4. Release of I_iabilith:- Subdivider shall indemnify and hold harmless the County from any and all suits , actions or claims of every nature and description caused by, arising from, or on account of said con- struction, and pay any and all judgments rendered against the County on account of any such suit, action or claim, together with all reasonable 3 expenses and attorney lees iur.urred by County in defending such soil., action or claim. 1111 contractors and other employees engaged in construction of the improvements shall. maintain adequate workman 's compensation insurance and public liability insurance coverage, and shall operate in strict accordance with laws and regulations of the State of Colorado governing occupational safety and health. 5. Acceptance of Streets for Maintenance by the County : Upon com- pliance with the following procedures by the Subdivider, streets with- in a subdivision may he accepted by the County as a part of the County road system and will be maintained and repaired by the County. 5. 1 If desired by the County, portions of street improvements may be placed in service when completed according to the schedule shown on Exhibit "B" but such use and operation shall not constitute an acceptance of said portions . 5. 2 County may, at its option, issue building permits for con- • struction on lots for which street improvements detailed herein have been started but not completed as shown on Exhibit "B",and may continue to issue building permits so long as the progress of work on the subdivision improvements throughout the development is satisfactory to the County; and all terms of this Agreement have been faithfully kept by Subdivider. 5. 3 Acceptance for Partial Maintenance : Upon the completion of the construction of streets within a subdivision according - to Weld County Specifications , the Subdivider shall request in writing that the County Engineer inspect said streets and accept them for partial maintenance by the County. Partial maintenance consists of all maintenance except for actual repair of streets , curbs and gutters and related street improvements. The County Engineer shall accept streets for partial maintenance for a period of one year. Nine months after initial acceptance, the County Engineer shall inspect the subject streets , and notify the Subdivider of any defi- ciencies. The County Engineer shall reinspect the streets after notification from the Subdivider that any deficiencies have been corrected. If the County Engineer finds that the streets are constructed according to County standards , he shall recommend the acceptance of the streets for full main- -1- ./ ' -1 �' Leildnce to the RS,urd rf Cnuul-y Comiii ,•, innyl-- 5. 6 llcccrEaece of Street!, ! of lull IIdIIIIAndnCe: UPON receipt of a recommendation from the County Engineer for acceptance of 4 streets within the subdivision, the Board of County Cnnmiis- sioners shall accept such streets as public facilities and County property, and shall be responsible for the full main- a 4 tenance of such streets including repair. 6. Improvements Guarantee: Subdivider shall furnish to the Board of''''.; . ' County Commissioners as guarantee of compliance with this Agreement, collateral such as , but not limited to, performance or property bonds , private or public escrow agreements , liens on property, deposit of certified funds or.other similar surety agreements acceptable to the Board of County Commissioners. The amount of any of the above guarantees shall he set by the Board of County Commissioners and portions of the guarantee may be released upon completion of various portions of the improvements. All or any portion of the guarantee wi11 be released upon completion of the guaranteed improvements according to County standards and the terms of the subdivision plans and plats and, in the case of the streets , upon acceptance of the streets by the County for full maintenance as a part of the County road system. 7. Public Sites and Open Spaces : The Planning Commission and the Board A1 of County Commissioners , upon consideration of vehicular traffic and 'X/71 facilities and the particular type of development proposed in the subdivision, may require the dedication, development and/or reservation E . . of areas or sites of a character, extent and location suitable for pub- lic use for parks , greenbelts or schools , other than subdivision streets 4I and utility easements designated, in accordance with one of the' following I alternatives , or as specified in the PhD plan, if any: 1 7. 1 The required acreage as may be determined according to Section 8-15-B of the Weld County Subdivision Regulations lishall he dedicated to the County or the appropriate school rillii district, for one of the above purposes . Any area so dedi- Rcated shall he approved by the County or school district, and , ,: shall be maintained by the County or school district. 7. 2 The required acreage as determined according to Section 8-15-B of the Weld County Subdivision Regulations may be reserved • through deed restrictions as open area , the maintenance of i which shall be a specific obligation in the deed of each lot • within the uihrliviSnn . 1.3 In lieu of land , the Hoard of County Commissioners may re- quire a payment to the County in an amount, equal to the market value at the time of final plat submission of the required acreage as determined according to Section 8-15-B. Such value shall be determined by a competent land appraiser chosen jointly by the Board and the Subdivider. The cash collected shall be deposited in an escrow account to be expended for parks at a later date. B. Successors and Assijn_: This Agreement shall be binding upon the • heirs , executors , personal representatives , successors and assigns of the Subdivider, and upon recording by the County, shall he deemed a covenant running with the land herein described , and shall be binding upon the successors in ownership of said land. IN WITNESS WHLREOF, the parties hereto have caused this Agreement Co he executed on the day and year first above written. BOARD OF COUNTY COMMISSIONERS WELD COUNTY , COLORADO lizie?2, • .Shall �. As Th&AJ ?tumAtt;a — ATTEST: ` (J ---held County Clerk and order an Clerk to tl e Boa ti Deputy County erk ' AID ASTOf v ounty Attorney SUBD VIDER: i . By: title) - /- Subscribed and sworn to before me this 7t day of _ U� _- _-_ My commission expires : Dec 30 Notary Public -6- EXIBIT "A" Name of Subdivision: THE FARMER'S MART Filing: 1 Location: SOUTHEAST CORNER OF INTERSECTION OF I-25 AND U.S. 66 Intending to be legally bound, the undersigned Subdivider hereby agrees to provide throughout this subdivision and as shown on the subdivision final plat dated , 19 , recorded on , 19 , in Book Page No. , Reception No. , the following improvements. (Leave spaces blank where they do not apply.) Improvements Unit Cost Estimated Construction Cost Street grading 11672 Sy $ 1.00 SY $ 11672.00 Street base 8" Base 4976.95 T 4.75/TON 23640.51 Street paving 3" Surface 1998.42 T 17.00/TON 33973.14 Curbs, ;utters, and culverts 1710.00 Sidewalcs Storm Sewer facilities Retention ponds Ditch improvements 6100 LF .50/LF 3050.00 Sub-surface drainage Sanitary sewers Trunk and forced lines Mains Laterals (house conn) On-site Sewage facilities LS 11000.00 On-site Water supply and storage Water mains 6792 LF 8.00/LF 54336.00 Fire hydrants 4 EA 1050.00/EA 4200.00 Survey $ street monumants $boxes 1 EA 90.00 90.00 Street lighting Street name signs 6 EA 45.00 270.00 Fencing requirements Landscaping Park improvements • SUB TOTAL 143941.65 Engineering and Supervision Costs $5571.14 (testing, inspection, as-built plans and work m addition to preliminary and final plat; supervision of actual construction by contractors) IUFAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $ 149312.79 The above improvements shall be constructed in accordance with all County requirements and specifications, and conformance with this provision shall be determined solely by Weld County, or its duly authorized agent.Said improvements shall be completed according to Ae const t. n sche le t /t in Exhibit "B". /tthAtgnature /191a. - (If corporation, to be signed by President and attested to y Secretary, o ther with the corporate seal.) / Date: Jay -s ,197 EXIILRI "B" Name of Subdivision : THE FARMER'S MART Filing: 1 Location: SOUTHEAST CORNER OF INTERSECTION OF 1-25 AND U.S. 66 Intending to be legally bound , the undersigned Subdivider hereby agrees to construct the improvements shown on the final subdivision plat of The Farmer's Mart Subdivision, dated _ , 19 , Recorded on 19 , in Book ' , Page No. , Reception No. , and listed on Exhibit "A" of this Agreement, according to the following schedule. All improvements shall be completed within 1 , 5 years from the date of approval of the final plat. Construction of the improvements listed in Exhibit "A" shall be com- pleted as follows : (Leave spaces blank where they do not apply. ) Improvements Tune for tompj et ion /� /l Street grading Jc�.✓E /979 //�(n/_D ------ D.atsh.ar_3Q.-._1.2ZQ—_ /� v Street base JriaE o� , L_3 t . 4 _. 91tS J97Q N g)r Street paving_ — June-30, _1929 Curbs , gutters , and culverts JU.y& ^gib, _,3Q, _ 7.11_/gL9 Sidewalks Storm Sewer facilities — -- Retention ponds e n /' Ditch ,improvements - 'JUNE_QL-t_ol,rr (/� Slab- surface drainage Sanitary sewers _ Trunk and forced / Mains — — — — � D{^ laterals ne) As(house co eadv /s Ater Qon°6E EW— fJn i to Seuage Face 1 i ties On-site Water stfppl,y an-d storage — Q Water mains , } r _ _g24 _ Fire hydrants --__ Jug 31�--}�}7� /4 79 g « • Survey & street monuments & boxes __ October_ 30,-_ 1 97$___ Street lighting Street name signs June . 01 1979-- Fencing requirements Landscaping - Park improvements - — — — SUB TO1AL June 30, 1979__,_____ The Board of County Commissioners, at its option, and upon the request by the Subdivider, may grant an extension of time for completion for any particular improvement shown above, upon a showing by the Subdivider that the above schedule cannot he met. Signa ure of Subiivi er ( if corporation, to be signed by Presiden and ttested to by Secretary, together with corporate seal . ) p Date: 7 , 19749 AMENDMENT TO SUBDIVISION AGREEMENT THIS AMENDMENT made and entered into this 10th day of July, 1978 , by and between the County of Weld, Colorado, acting through its Board of County Commissioners, hereinafter called "County" , and Lovemont Investment Company, hereinafter called "Subdivider. " WITNESSETH: WHEREAS, the County has approved the final plat of the sub- division known as Farmers Mart presented by the Subdivider, and WHEREAS, a condition of the approval of said final plat was the execution of an amendment to the subdivision improvement agree- ment previously executed by the County and the Subdivider. IN CONSIDERATION of the approval of said final plat and the covenants contained in the original subdivision agreement, the parties hereto agree as follows: Section 6 of the subdivision improvements agreement between the County and Lovement Investment Company for the Farmers Mart Subdivision is hereby amended to read as follows: Number 6 - Improvements Guarantee No building permit will be issued by Weld County until Subdivider has constructed all improvements shown on Exhibit A of the Subdivision Agreement. Prior to the issuance of a first building permit in the Farmers Mart Subdivision, Subdivider shall post a bond with the County guaranteeing the Subdivider' s performance during the twelve (12) month period of County acceptance of Subdivision streets for partial maintenance under the provisions of Section 5. 3 of the Subdivision Improvements Agreement. The bond will be released in full upon acceptance of the streets by the County for full maintenance as a part of the County road system. In case of any inconsistency between the terms of this amend- ment and the terms of the original subdivision agreement executed between the County and Lovemont Investment, the provisions of this amendment shall control. BOARD OF COUNTY COMMISSIONERS WELD C NTY, COLORADO A GEC/ W ATTEST: NIT) v v�� ilbliria Weld County Clerk and Recorder an3'NC1erk to the B rd By: ; \_._ , eputy Count Clerk OV AS TO FORM: d County Attorney 1. SUBDIVIDE : 444, By: i/"'" ' . ( itle) Subscribed and sworn to before me this day of v7�i/�� , 1978 . My commission expires: KT/264./A /( /2 ;79 r N tary Pu lic BEFORE HE WELD COUNTY, COLORADO PLANN..,J COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Date July 5 , 1978 Case No. S# 148:78 :5 APPLICATION OF Lovemont Investment Company c/o Ralph Kaufman ADDRESS 6801 South Yosemite Street . Englewood, Cnlnrndn 80110 Moved by Ben Nix that the following resolution be introduced for passage by the Weld County Planning Commission: Be it Resolved by the Weld County Planning Commission that the Subdivision Plat Final Plat—Farmers Mart located on the following described pro- perty in Weld County, Colorado, to-wit: KNOW ALL MEN BY THESE PRESENTS THAT LOVFIMONT INVESTMENT COMPANY BEING THE OWNER OF A PART OF THE NORTHWEST ONE-QUARTER OF SECTION 26, TOWNSHIP ? NORTH, RANGE WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, BEING NUPE PARTICULARLY DESCRIBED AS FOLLOWS: CI IENCING AT THE NORTH ONE-QUARTER CORNER OF SAID SECTION 26; THENCEria 1�J8K SO'F°13'00"W A DISTANCE OF 140.00 FEET TO A POINT ON THE SOUTH RIGHT- Y " OF-WAY LINE OF COLORADO STATE HIGhwAY 66; THENCE Sh9O25'OO"W AND YY/ ALONG THE SOUTH RIGHT—OF—WAY LINE OF COLORADO STATE HIGHWAY 66 A q DISTANCE OF 1:210.76 FEET TO THE TRUE POINT OF BEGINNING; THENCE S',0°i .YO(i"W A DISTANCE OF 1270,93 FEET; THENCE S89°25'!0"W A DIS— TANCE OF 1325.81 FEET TO A POINT ON THE EAST RIGHT—OF—WAY LINE OF F INTERSTATE 25; THENCE NORTHEASTERLY ALONG THE EAST RIGHT—OF—WAY LINE THE FOLLOWING ; COURSES: 1) N00°:",' s0"E A DISTANCE OF 206.37 FEET, 2) N16°00'00"E A DISTANCE OF 1088,80 FEET. ;) NI�5°fl':!2"E A DISTANCE OF 500.89 FEET TO A POINT ON THE SOUTH RIGHT—OF—WAY LINE OF COLORADO STATE HIGHWAY 66. THENCE N`,9°2 5'099"E AND ALONG.THE SOUTH RIGHT-OF-WAY LINE OF COLORADO STATE HIGHWAY /. , A DISTANCE OF 529.35 FEET TO THE TRUE POINT OF BE- GINNING, CONTAINING 25,011 ACRES. Ben Nix Harry Ashley Jerry Kiefer Percy Hiatt Irma White Bette Kountz The Chairman declared the motion passed and ordered that a certified copy of this Resolution be forwarded with the file of this case to the Board of County Commis- sioners for further proceedings. CERTIFICATION OF COPY I, hjrla A Phill1 > Recording Secretary of the Weld County Planning Com- mission, do herebycertify that the above and foregoing Resolution is a true copy of the Resolution of the Planning Commission of Weld County, Colorado, adopted on July 5 7978 and recorded in Book No. VI of the proceedings of the said Planning Commission. Dated the 6 day of July , 19 7R• Secretary Lovemont Investment C..,mpany P.C. RECOMMENDATION July 5, 1978 plat at the Weld County Clerk and Recorders Office : A. Amend General note #6 on the final plat to read: "A retention pond of 1.57 acre feet in volume is required on portions of Lots 7 and 8 for drainage control of the entire subdivision. The pond will be designed at the time of final development of the subdivision. The release should be limited to 21.6 CFS. A 24" CMP or the equivalent should be installed for this purpose. The overflow spillway for the retention pond area should be a gradually graded weir on the top of the retention pond berm capable of handling 27.98 CFS. Maintenance of the pond will be provided by the owners of Lots 7 and 8. " B. Add General note #7 on the final plat. The note shall read: "All intersections shall be designed and constructed with 50 foot paved radii. " mEmoRAnDum To Planning Commission Date July 6 , 1978 COLORADO F,°m The Farmer ' s Mart Final Plat-Lovemont Investment Co . subject: Due to lack of sales in the area of above mentioned development , I used sale price in 1973 and added nine percent per year appreciation to come to the following value . Documentary Fee in 1973 showed said property selling for $3000 . 00 per acre , by adding 9% per year for 52 years today ' s value would be $ 4485 . 00 rounded to $4450 . 00 per acre . Therefore , in my opinion, raw land in The Farmer ' s Mart Final Plat-Lovemont Investment Company area would be $4450 . 00 per acre . 6 / 2 iteric Gilman E . Olson Subdivision Director GEO/mm • yT', RAW�� °°�• SIta sa8 m r . FINAL SUBDIVISION APPLICATION Weld County Planning Department Services Building, Greeley, Colo. FOR PLANNING DEPARTMENT USE ONLY: CASE NUMBER SEC: TWP RANGE: LAND CODE: T: S: 1/4: KEY: SUB/DIV CODE: SUB: BLK: LOT: KEY: APPLICATION FEE: :1"'),.5-t--) APP. CHECKED BY: REFER TO: 1) DATE REC. NO: C-fOrli 2) BATE LEGAL DESC. APPROVAL 3) DATE 4) DATE - TO BE COMPLETED BY APPLICANT IN ACCORDANCE WITH PROCEDURAL GUIDE REQUIR- MENTSs Print or type only, except for necessary signatures. I (we) , the undersigned, hereby request a hearing before the Weld County Planning Commission concerning proposed subdivision of the following described unincorporated area of Weld County. LEGAL DESCRIPTION: SEE ATTACHED (if additional space is required, attach an additional sheet of this same size.) NAME OF PROPOSED SUBDIVISION FARMERS MART EXISTING ZONING COMM-P.U.D. PROPOSED ZONING " TOTAL AREA (ACRES) 35.0 NUMBER OF LOTS PROPOSED 11 LOT SIZE: AVERAGE 2.73 MINIMUM .91 UTILITIES: WATER: NAME LITTLE THOMPSON WATER DISTRICT SEWER: NAME SEPTIC AND LEACH GAS: NAME -- PHONE: NAME MOUNTAIN BELL DISTRICTS: SCHOOL: NAME ST. VRAIN VALLEY (RE-1d) FIRE: NAME LONGMONT UT DESIGNERS' NAME LANDAIDE INC. ADDRESS 609 W. LITTLETON BLVD. LITTLETON, COLO, ENGINEERS' NAME dR DEVELOPERS, LTD. ADDRESS 8 +00 S. ACRES GREEN DR., LITTLETON, CO. FEE OWNER OF AREA PROPOSED FOR SUBDIVISION NAME LOVEMONT INVESTMENT CO. ADDRESS 6801 S. YOSEMITE DR. TELE. 771-8500 • NAME ADDRESS ENGLEWOOD, CO. TELE. NAME ADDRESS TELE. I hereby depose and state under the 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 ' knowledge., COUNTY OF 4iEt-B>l -CI STATE OF COLORADO ) 7 / CIA . L tLtLL Signat re: O e; or Autho zednAgent, Subscribed and sworn to before me this : E'Ar day of �,,��''/ei<<..rf...- / 19'// . �. SEAL r {r / 1/' • NOTARY PUBLIC My commission expires:( )f C �•,� ��i".�' J� PC- Sub - 6 i I • cis �/}�- APR ry • r,uoc kern rd^d al /( o'.1,0: Ills, .• APR 2 9 -191" .. s. ICE siiw it ✓ her - 33533:1 pLion \n_ . .. ._. _. 1G•cnrd "r. Irvorxrll Recorder's Stamp Tins I)FE.D, Made this 24th day of April 19 74 , between 3 EASTERN PROPERTIES, LTD. • a corporation duly organized and existing under and by virtue of the laws G" of the State of of the first part,and Colorado 1 LOVEMONT INVESTMENT CO. , a Limited Partnership Lel of the County of and State of irk of the second part: c:i t WITNESSETII, That the said party of the first part,for and in consideration of the sum of TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATIONS DOLLARS q to the said party of the first part in hand paid by the said part y of the second part,the receipt whereof is here- t— by confessed and acknoscledged, bath granted, bargained, sold and conveyed, and by these ihristgassNlisgrant, bar- �a gain, sell, convey and confirm unto the said part y of the second part, its / heirs, and assigns for- C) ever, all of the following described lot or parcel of land, situate, lying and being in the - ' County of Weld , and State of Colorado,to wit: 7 I SEE LEGAL WHICH IS ATTACHED AND MADE A LEGAL PART HEREOF ct � r4• Part of the NWT of Section 26, Township 3 North, Range 68 West of the 6th P.M., WELD COUNTY, COLORADO, being more particularly described as follows: BEGINNING at the N corner of said Section 26, and considering the North line of said Section 26, as bearing South 89°25'00" West, with all other bearings contained herein relative thereto; - THENCE South 00°13'00" West, 40.00 feet to a point on the South Right-of- Way line of Colorado State Highway 66; - T[[ENCE 'South 89°25'00" West, 1270.76 feet along the South Right-of-Way - line of said Highway 66 to the TRUE POINT OF BEGINNING: THENCE continuing South 89°25'00" West, 530.18 feet along the South Right- of-Way Line of said Highway 66 to a point on the Right-of-Way line of U. S. Interstate No. 25; THENCE South 85°59'42" West, 499.81 feet along said Interstate No. 25; THENCE South 16°00'00" West, 1088.80 feet along said Interstate No. 25; THENCE South 00°25'30" West, 206.43 feet along said Interstate No. 25; THENCE North 89°25' 10" East, 1325.64 feet; THENCE North 00°13'00" East, 1279.94 feet to the TRUE POINT OF BEGINNING; Reserving, however, a non-exclusive Right-of-Way for ingress and egress over and across the East thirty (30) feet thereof. tor 19/4 (payable in 19'15) and any taxes and assessments subsequently assessed and except easements, restrictions, reservations and rights of way now of record, if any and except Oil and Gas Lease recorded May 15, 1970, in Book 625, reception No. 1547404 and except Deed of Trust recorded December 3, 1973, in Book 704 as ReceptionNo. 1625823, Weld County Records, which Grantee assumes and agrees to PM d the above bargained premises in the quiet and peaceable possession of the said part y of the second part ' \ its heirs and assigns, against all and every person or person lawfully claiming or to claim the whole or any.part thereof,the said party of the first part shall and will WAR 1 T AND FOREVER DEFEND. I?n7.13•N'g9$1 WHEREOF, The..s`�diparty of the first part hath c Vsed its corporate name to be hereunto ' - subyc%rkb'ed"byytits••••/s`7 - President; and its corporate seal to be her nto affixed, att ted by its .Secretary yhq'day 4ita1ycat•f rst above written. • "l...r .mss:, r l� -•'.4..Glt.�te..v EAE PR P • r- S, .m nt. w 8eesetarr. By O.,/,/ • y -.......• •) ;: ;' --- President JC I � � � c 1 � STATG.OF COLORADO, st l —......County of Arapahoe ) The 4o cgoing•_instrument was acknowledged before me this 24th day of April 1.9 74.',,by 7'15:inlaid A. Lavers as President and <:'O) !4,nrTeCr4 K. Jensen as Secretary of • Ea.sGerl4Pr'oaerties, Ltd. a corporation. s `• . ' ,.- [r7 My notarial commission expires July 3, 1974 •' 0 Witness", a d and official seal. L u Lf J ....... i `4a t c/ Natarr,Public_ No.40H. WARRANTY DEED- Cor,oretion.—Dradford Publishing Co., 1524-16 Stout Street,Denver,Colorado-9-72 • ),,C', ()�I (,: r\? JUN 1978 i•R' RECEIVED `a ta-` Weld Conroy1,-*„ Phu* Coueduia PROPOSED COVENANTS FOR ve ta! e`2�\\ I / FARMER'S MART WHEREAS, LOVEMONT INVESTMENT COMPANY IS DESIROUS OF SUBJECTING SAID PREMISES TO CONDITIONS, COVENANTS, RESTRICTIONS, AND RESERVATIONS HEREINAFTER SET FORTH TO INSURE PROPER USE AND APPROPRIATE IMPROVEMENTS OF SAID PREMISES AS FOLLOWS: 1. ALL USES, SETBACKS, RESTRICTIONS, ETC. SHALL CONFORM TO "FARMER'S MART COMMERCIAL UNIT DEVELOPMENT STANDARDS" AS RECORDED IN BOOK , PAGE OF WELD COUNTY RECORDS. THE OFFICIAL ZONING AND SUBDIVISION REGULATIONS OF WELD COUNTY, AS PERTAINING TO COMMERCIAL DISTRICT, SHALL BE FOLLOWED WITH THE FOLLOWING ADDITIONS: 2. ANY ONE LOT ON THE PREMISES MAY CONTAIN A MAXIMUM OF T14/0 (2) BUILDINGS WHICH CONSIST OF A MAXIMUM OF TEN PERCENT (10%) OF LOT AREA IF THE LOT CONTAINS THREE (3) ACRES OR MORE. ONLY ONE STRUCTURE CAN BE BUILT ON LOTS UNDER THREE (3) ACRES. ALL BUILDINGS ERECTED ON PREMISES BE OF MASONRY, CONCRETE, OR STRUCTURAL STEEL CONSTRUCTION, OR BETTER. IN THE CASE OF STEEL CONSTRUCTION, ALL EXTERIOR WALLS MUST BE MODERN METAL PANELING, COLORED OR FACED WITH BRICK, STONE, GLASS, OR THEIR EQUIVALENT. ANY CONSTRUCTION SHALL FIRST BE SUBMITTED TO AND APPROVED IN WRITING BY AN ARCHITECTURAL COMMITTEE CONSISTING OF; RALPH D. KAUFFMAN, TERYL JENSEN AND KEN HARTMAN. TWO AFFIRMATIVE VOTES ARE REQUIRED FOR APPROVAL. 3. ANY OWNER, TENANT, OR OCCUPANT OF ANY LOT ON SAID PREMISES AGREES THAT THE AREA BETWEEN THE BUILDINGS AND THE STREET PROPERTY LINES SHALL BE USED ONLY FOR EITHER OPEN LANDSCAPED AND GREEN AREAS OR FOR SERVICE ACCESS TO THE BUILDINGS, OR A PARKING LOT. LANDSCAPED AREAS SHALL BE DONE ATTRACTIVELY WITH TREES, SHRUBS AND SIMILAR TREATMENT AND SHALL BE PROPERLY MAINTAINED IN A SIGHTLY AND WELL KEPT CONDITION. LANDSCAPING ON INDIVIDUAL LOTS: THE LOT OWNER SHALL PROVIDE A LANDSCAPE PLAN AND LANDSCAPE MAINTENANCE PLAN FOR THOSE PORTIONS OF THE SITE WHICH ARE NOT BEING USED FOR ACCESS, PARKING OR STRUCTURES. PLANT MATERIALS SUCH AS THOSE DESCRIBED ABOVE SHALL BE UTILIZED. • • - 2 - (1) NO MORE THAN 85% OF THE AREA OF ANY LOT SHALL BE COVERED BY BUILDINGS, ASPHALT, OR GRAVEL. (2) A MINIMUM OF 5% OR 5,000 SQUARE FEET (WHICHEVER IS GREATER) SHALL BE MAINTAINED AS FORMAL LANDSCAPED AREA UTILIZING TYPICAL PLANT MATERIALS DESCRIBED ABOVE. ALL OTHER OPEN SPACE AREAS SHALL BE PLANTED WITH LOW MAINTENANCE MATERIALS SUCH AS NATIVE GRASSES AND SHALL BE MAINTAINED IN A WEED FREE CONDITION. (3) A MINIMUM OF 10' ADJACENT TO THE PUBLIC RIGHT-OF-WAY SHALL BE LANDSCAPED. 4. NO LOADING DOCK SHALL BE ERECTED ON ANY LOT FRONTING ON ANY STREET. 5. STORAGE YARDS ON ANY LOT FOR EQUIPMENT, RAW MATERIALS, SEMI-FINISHED OR FINISHED PRODUCTS SHALL BE SO SHIELDED BY A FENCE, SHRUBS, HEDGES, OR OTHER FOLIAGE AS TO EFFECTIVELY SCREEN VIEW OF SUCH STORAGE AREA FROM ALL SIDES OF LOT. STORAGE OF MATERIALS: NO HIGHLY INFLAMMABLE OR EXPLOSIVE LIQUIDS, SOLIDS, OR GASES SHALL BE STORED IN BULK ABOVE GROUND. TANKS OR DRUMS OF FUEL DIRECTLY CONNECTED WITH HEATING DEVISES OR APPLIANCES LOCATED ON THE SAME LOT AS THE TANKS OR DRUMS OF FUEL ARE EXCLUDED FROM THIS PROVISION. ALL OUTDOOR STORAGE FACILITIES FOR FUEL, RAW MATERIALS, EQUIPMENT AND PRODUCTS SHALL BE ENCLOSED BY A FENCE OR WALL ADEQUATE TO CONCEAL SUCH FACILITIES FROM ADJACENT PROPERTIES. NO MATERIALS OR WASTES SHALL BE DEPOSITED UPON A LOT IN SUCH FORM OR MANNER THAT THEY MAY BE MOVED OFF THE LOT BY NATURAL CAUSES OR FORCES. 6. EACH OWNER, TENANT, OR OCCUPANT OF ANY LOT SHALL KEEP SAID LOT AND THE BUILDINGS, IMPROVEMENTS, AND APPURTENANCES THEREON IN A SAFE, CLEAN, NEAT, WHOLESOME CONDITION, AND SHALL COMPLY IN ALL RESPECTS WITH ALL GOVERNMENTAL STATUTES, ORDINANCES, REGULATIONS, HEALTH, POLICE, AND FIRE REQUIREMENTS. • EACH SUCH OWNER, TENANT, OR OCCUPANT SHALL REMOVE, AT ITS OWN EXPENSE, ANY RUBBISH OR TRASH OF ANY CHARACTER WHICH MAY ACCUMULATE ON ITS LOT AND SHALL KEEP UNLANDSCAPED AREAS MAINTAINED. RUBBISH, TRASH, GARBAGE, OR OTHER WASTE SHALL BE KEPT ONLY IN SANITARY CONTAINERS. ALL EQUIPMENT FOR THE STORAGE OR DISPOSAL OF SUCH MATERIAL SHALL BE KEPT IN A CLEAN AND SANITARY CONDITION. RUBBISH AND TRASH SHALL NOT BE DISPOSED OF ON THE PREMISES BY BURNING IN OPEN FIRES. • - 3 - 7. NO NOXIOUS OR OFFENSIVE TRADES, SERVICES OR ACTIVITIES SHALL BE CONDUCTED ON ANY LOT NOR SHALL ANYTHING BE DUNE THEREON WHICH MAY BE OR BECOME AN ANNOYANCE OR NUISANCE TO THE OWNER, TENANT OR OCCUPANT OF OTHER LOTS IN THE AREA BY REASON OF UNSIGHTLINESS OR EXCESSIVE EMISSION FUMES, ODORS, GLARE, VIBRATION, GASES, RADIATION, DUST, LIQUID WASTE, SMOKE OR NOISE. NO LOT MAY BE USED FOR ANY PROCESS WHICH WOULD EMIT ANY UNUSUAL CHEMICAL WASTE INTO THE GROUND OR SANITARY SYSTEMS. PERMITTED USES: THE PURPOSE OF THE FARMER'S MART IS TO PROVIDE A COMMERCIAL AREA FOR THE CONVENIENCE OF THE FARMERS AND RANCHERS WHO LIVE IN THE VICINITY. TO THAT END, THE BUSINESS USES HEREIN DESCRIBED ARE INTENDED TO SERVE THE LOCAL FARM AND RANCH MARKET, AND ARE NOT INTENDED TO ATTRACT TRANSIENT TRAFFIC FROM INTERSTATE 25 AND STATE HIGHWAY 66. LOTS 1, 9 AND 10 SHALL BE CONSIDERED AS INTENSIVE USE LOTS. PERMITTED USES ON THESE LOTS SHALL INCLUDE IMPLEMENT DEALERS, FARM MACHINERY AND TRUCK DEALERS, LUMBER AND HARDWARE DEALERS, PLUS ANY USE INDICATED AS A PERMITTED USE FOR THE REMAINING LOTS. LOTS 2, 3, 8, AND 11 SHALL BE CONSIDERED AS MEDIUM INTENSIVE USE LOTS. PERMITTED USES ON THESE LOTS SHALL INCLUDE FEED STORES, HERBICIDE DEALERS, INSECTICIDE DEALERS, IMPLEMENT REPAIR AND SERVICE, CHEMICAL FERTILIZER DEALERS, LARGE ANIMAL CLINICS, LOW EMPLOYEE INTENSIVE AGRICULTURALLY RELATED GENERAL MERCHAN- DISERS, PLUS ANY USE PERMITTED ON LOTS 4, 5, 6, AND 7. LOTS 4, 5, 6, AND 7 SHALL BE CONSIDERED AS LOW INTENSIVE USE LOTS. PERMITTED USES ON THESE LOTS SHALL INCLUDE VETERINARY OFFICES, VETERINARY SUPPLY BUSINESS, FARRIERS, HORSESHOERS, MEDICAL, DENTAL AND PROFESSIONAL OFFICES. ALL OTHER AGRICULTURALLY RELATED BUSINESS USES AS DETERMINED BY THE BOARD OF COUNTY COMMISSIONERS TO BE SIMILAR IN NATURE TO THE USES SPECIFIED ABOVE AND TO BE IN HARMONY WITH THE INTENT OF THIS COMMERCIAL UNIT DEVELOPMENT. _ lI - 8. ANY OWNER, TENANT OR OCCUPANT OF ANY LOT SHALL PROVIDE ON THE PREMISES OFF-STREET PARKING FACILITIES FOR EACH EMPLOYEE EMPLOYED ON THE PREMISES BY THE ORIGINAL OCCUPANT THEREOF AND APPROPRIATE VISITOR PARKING. ALL OFF-STREET PARKING AND ACCESS DRIVES SHALL BE APPROPRIATELY SURFACED AND GRADED TO ASSURE PROPER DRAINAGE. PARKING REQUIREMENTS: EACH LOT OWNER SHALL PROVIDE OFF-STREET PARKING IN ACCORDANCE WITH THE FOLLOWING STANDARDS: RETAIL STORE: ONE SPACE FOR EACH 250 SQUARE FEET OF RETAIL SPACE PLUS ONE SPACE FOR EACH TWO (2) EMPLOYEES. SERVICE OR REPAIR SHOP: (INCLUDING IMPLEMENT AND FARM MACHINERY DEALERS) ONE SPACE FOR EACH 600 SQUARE FEET OF GROSS FLOOR AREA PLUS ONE SPACE FOR EACH TWO (2) EMPLOYEES. MEDICAL, DENTAL AND VETERINARY OFFICES: ONE SPACE FOR EACH 300 SQUARE FEET OF GROSS FLOOR AREA PLUS ONE SPACE FOR EACH TWO (2) EMPLOYEES. 9. NO LOT MAY BE USED FOR A JUNK, SCRAP METAL, OR AUTO WRECKING YARD. 10. EACH OF THE FOREGOING COVENANTS, CONDITIONS AND RESTRICTIONS SHALL RUN WITH THE LOTS, AND A BREACH OF ANY ONE OF THEM AND CONTINUANCE THEREOF, MAY, AT OPTION OF THE LOVEMONT INVESTMENT COMPANY, IT'S SUCCESSORS OR ASSIGNS, BE ENJOINED, ABATED, OR REMEDIED BY APPROPRIATE PROCEEDINGS, IN ADDITION TO ANY OTHER REMEDY AT LAW OR IN EQUITY. IT IS UNDERSTOOD, HOWEVER, THAT THE BREACH OF ANY OF THE FOREGOING COVENANTS, CONDITIONS AND RESTRICTIONS SHALL NOT DEFEAT OR RENDER INVALID THE LIEN OF ANY MORTGAGE OR DEED OF TRUST ON THE PREMISES MADE IN GOOD FAITH AND FOR VALUE; PROVIDED, HOWEVER, (I) THAT ANY BREACH OR CONTINUANCE THEREOF MAY BE ENJOINED, ABATED OR REMEDIED BY THE PROPER PROCEEDINGS AS AFORESAID, AND (II) THAT EACH AND ALL OF THE FOREGOING COVENANTS, CONDITIONS AND RESTRICTIONS SHALL AT ALL TIMES REMAIN IN FULL FORCE AND EFFECT AGAINST SAID PREMISES OR ANY PART THEREOF, NOTWITHSTANDING ANY FORECLOSURE OF ANY SUCH MORTGAGE OR DEED OR TRUST. NO ASSENT, EXPRESSED OR IMPLIED, TO ANY BREACH OF ANY ONE (1) OR MORE OF THE WITHIN COVENANTS OR AGREEMENT HEREOF SHALL BE DEEMED TO BE TAKEN TO A WAIVER OF ANY SUCCEEDING OR OTHER BREACH. - 5 - 11. A RETENTION POND FOR DRAINAGE IS DESIGNED FOR LOTS 7 & 8. MAINTENANCE OF THE POND SHALL BE PROVIDED BY THE OWNER OF LOTS 7 C 8. MAINTENANCE SHALL INCLUDE KEEPING AREA FREE OF WEED AND DEBRIS PLUS OPERATION OF THE OUTLET STRUCTURE. 12. IF ANY PROVISIONS OF THESE COVENANTS ARE HELD INVALID AS A MATTER OF LAW, SUCH INVALIDITY SHALL NOT AFFECT THE OTHER PROVISIONS OF THESE COVENANTS, ALL OF WHICH SHALL REMAIN IN FULL FORCE AND AFFECT AS HEREIN SET FORTH. • DATE THIS THE DAY OF JULY, 1978. LOVEMONT INVESTMENT CO., A LIMITED PARTNERSHIP BY: GENERAL PARTNER STATE OF COLORADO ) SS COUNTY OF ARAPAHOE ) THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS DAY OF , 1978, BY RALPH D. KAUFFMAN , GENERAL PARTNER OF LOVEMONT INVESTMENT CO., A LIMITED PARTNERSHIP. MY COMMISSION EXPIRES WITNESS MY HAND AND OFFICIAL SEAL. NOTARY PUBLIC — Weld County Type of Submission : Request for Exemption Date: February 24 1978 Preliminary Plan Final Plat X Subdivision Name: Farmer's Mart Filing 1 Location of Subdivision : TOWNSHIP 3 North RANGE 68 West SEC 26 1/4 MN Owner (s) Name Lovemont Investment Co. Address 6801 South Yosemite Street Englewood, Colo. 80110 Subdivider(s) Name Same as above Address Type of Subdivision Number of Area % of * Dwelling Units (Acres) Total Area, ( ) Single Family ( ) Apartments ( ) Condominiums ( ) Mobile Homes ( ) Commercial N.A. 25.70 73.0% ( ) Industrial N.A. ( ) Other (specify) Street 4.10 12.0% Walkways Dedicated School Sites Reserved School Sites Dedicated Park Sites Reserved Park Sites ' Private Open Areas Easements 5.20 15.0",; Other (specify) *By Map Measure Total 35.0 100.0% Y1;1:i III ated Water 1tr quirew^nt.e: — A' ;Ui _.--- 'Iit.I tc ,,:. y. Proposed Water Source (: Little Thompson Valley Nat' ..strict Estimated Sewage Disposal Requirement 2,200 gallons/day. Proposed Means of Sewage Disposal Septic Tanks and Leach Field ACTION : Planning Commission Recommendation Approval ( ) • Disapproval ( ) Remarks Date , 19 Board of County Commissioners Approval ( ) Disapproval ( ) Exemption under C.R.S . 106-2-33 (3) (d) ( ) Remarks (If exemption, state reason) Date , :19 Note: This form is required by C.R.S. 106-3-37 ( 4) but is not a part of the regulations of County. Page 2 of 2 ; ) If tg6i'ol ui.n IU r.�vii y. u i bit • i ) II ; G 'l O .1 -,r1 o ,; 1 iti.uI.anc ? f• t 1' Issued by {,i tyl Nil .p' kiflsa1DE:f Ga -11218 ]J1S?~1faflC2 Jaccn Daily r,1 'J ''I , tip SUB;LCT TO If1' SCHEDULE Ol EXCLUSIONS FROM COVERAGE, TILE EXCEPTIONS CON- k i i' '1'AlNED IN SCHEDULE R AND THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS ' D Li F LIi1 1H'REOF, TR �yNSAMERICA TITLE INSURANCE COMPANY, a California corporation, herein called i the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the ! 4 ri amount of insurance stated in Schedule A, and costs, attorneys' fees and expenses which the Cwnpariy may 1 1: become obligated to pay hereunder, sustainer) or incurred by- the insured by reason of: 1 : f'1 f I,1. T; i1M gt silt 1,i;i 1. Title to the estate or interest described in Schedule A being vested otherwise than as stated therein; 11t1. 1 fli, 2. Any defect in or lien or encumbrance on such title; '' '1, I� f'' � t, '1 � 3. Lark of a right of access to and from the land; or '�^' ill g i , ��,i 4. Unmarketability of such title. L L' t ti, ' ,III M1 Hip ii, , r 1, In If thaws II hereo , 'D ran-ant erica Title Insurance Company ii has caused this colic to he signed and sealed p 1 1 Y policy t dtl by it. duh authorized till errs as of Date of Policy shown iu Schedule A. (. llz 7 �1FnPsarnnr nflWr ',e IPPSU7'HIaU.NI d,nrr�p ny IF-; 4,jj{{ f By �rJ President. �f7{ 1' trI'll; I ?titAttest {,jJ/ " I . r \ Secretary it' ii l Autly ized Officer or Agent / il• [l t ✓ I :A t i, i SCHEDULE A NUf.',Rf12 • AMOUNT $105, 000, 00 Ruled this Sth day of - May _ 1971 „ at the hour of A:00 o'clock A.M. 1. The name of the insured and the estate, or interest of the insured in the land described below and cov- ered by this policy is as follows; LOVEMONT INVESTMENT CO, , a Limited Partnership, in fee simple. 2, The land, the title to which is insured, is described or known as follows: SEE SHEET 3 FOR LEGAL DESCRIPTION SCHEDULE S This Policy does not insure against loss or damage by reason of the following: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records; 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, im- posed by law end not shown by the public records. 5. 'luxes clue and payable; and ,my lax, special assessments, charge or lien imposed lot water ur sewer service, or for any other special taxing district. 6 . Deed of Trust from Eastern Properties , Ltd . , a Colorado Corporation, to the Public Trustee of Weld County, Colorado for the use of Theo. Rademacher and Elizabeth Rademacher to secure $85, 000. 00, dated November 15, 1973, recorded December 3, 1973 in Book 704 as Reception No . 1625823, Weld County Records. • • �, ORDER NUMBER r r 7 . Right of the Proprietor of a Vein or Lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect said land, as contained in the Patent to Joseph Woods, recorded November 26, 1923 in Book 333 at Page 166, Weld County Records . 8 . Each and every right or rights of access to and from any part of the right-of-way for Colorado State Highway No. 185, as granted to the Department of Highways, State of Colorado, by Theodore J. Rademacher and Elizabeth H. Rademacher, by instrument recorded May 15, 1958, in Book 1503 at Page 103, Weld County Records ; the access rights hereby granted are described as follows: Beginning at a point on 'the present E, R.0.W, line of S. H. 185 from which point the NW corner of Sec. 26, T. 3 N. , R. 68W. , 6th P. M. bears N. 2° 09' W. a distance of 1113.8 feet ; Thence N. 16° 00" E. a distance of 1088.8 feet ; Thence N. 24° 33 ' E. a distance of 501.2 feet to the $ R.O. W. line of the county road. 9. Oil and Gas Lease dated April 22, 1970 between Theodore J. Rademacher and Elizabeth H. Rademacher, lessor, and T. S. Pace, lessee, for a primary term of 5 years, recorded May 15, 1970 in Book 625 under Reception No. 1547404, Weld County Records, and any and all assignments thereof or interest therein. 10. Irrigation Ditch Easement, Drain Ditch easement as shown on Plat of Survey prepared by Jasper Freese, dated September 18, 1973. 11 . Reservation of a non-exclusive Right-of-Way for ingress and egress over and across the East 30 feet of subject property as reserved in Deed from Theo. Rademacher and Elizabeth Rademacher to Eastern Properties , Ltd. , dated November 15, 1973, recorded December 3, 1973 in Book 704 as Reception No. 1625322, Weld County Records. ..a,.arr .i, ire. ...., ,,_..,,.a n. .,'v "i,. r...,..., ui;•,, p,.,„v. January 3, 1973 UTILITY INSTALLATION AGREEMENT THE Little Thnmpcnn Valley WatenDistrirt and the union Rural Electric Acsnriatinn and the Mountain Bell _Telephone •Company hereinafter collectively called "Utility Cuipanies", and Lovemont Investment Company , hereinafter called "Developer", • enter into the following agreement this day of 19 WITNESSET H: 1. The Developer is the owner or builder of a certain subdivision, planned unit development, planned building group or other commercial, residential or industrial real estate development (hereinafter called "Development") known as The Farmers Mart 2. Developer desires to have telephone, electric, • ..a water • and N/A services available to the future purchasers or tenants of his development as soon as practically possible. 3. Developer desires to have the utility cables, wires, pipe, conduits, etc. , underground. • 4. In order to provide telephone, electric, gqi4, water N/A , and N/a , service at the earliest practical. date, it is necessary for the Utility Companies to ccxarence installation of underground facilities during the con- struction of the development. -1 5. 'l'hu' placing of cables, wires, pedestals, pipes, conduits, Meters, etc. , by the Utility Cbnprmies prior to completion of all construc- tion, grading, or other work results in a substantial risk that these facilities may be damaged, cut, injured or otherwise destroyed in whole or in part. The damage may be occasioned by the action of the Developer, his Contractor and/or his Subcontractors, or third persons not employed by or working for the Developer. The risk of injury to Utility Companies' property could be virtually eliminated by installing serial plant or waiting until all other construction, grading and other work has been completed. 6. It is understood that Developer is selling sites iwthin the Develop- ment, and once ownership is transferred to a third party purchaser, Developer shall be released from any responsibility arising by virtue of the acts of said third party purchasers which result in damage to the facilities of the Utility Companies. NOW, THEN, in consideration of the above and the mutual convenants herein- after set forth the Utility Companies and the Developer agree as follows: PROCEDURES: A) The Developer shall develop a utility plan with the Utility Companies in reference to the location of utility lines and easements during pre- liminary planning or land usage. Such a utility plan will be reduced to writing, signed and dated at an appropriate time by the signatories of this contract. Changes in such plan after this time will be agreed -2- u1Km by the parties to this contract. It is understtxxl Chat the sub- ject utility plan shall consist of Developer's recorded plat together with any written easements agreed to by the parties. B) The Utility Companies will assign contacts that will be responsible for the ca)rdinating of planning, engineering and construction work. Names and telephone numbers of the assigned contacts will be exchanged between Utility Companies and Developer. C) The Developer will provide a preliminary plan to the utility contacts. " The utility contacts will be responsible for the layout of compatible distribution plans, agree to easement specifications and set up joint meeting with the Developer with the purpose of finalizing the utility plan. The preliminary plan shall consist of Developer's plat. D) The Developer will dedicate or grant adequate easements agreed upon with the utilities under Paragraph (A) and will grant additional easements not anticipated at that tine but which are reasonably re- quired to provide adequate and necessary service to the development. All such additional easements shall require the prior mutual consent of the parties. E) The Developer will furnish each utility contact a tentative develop- m•nt schedule :uu1 lkeep the UI i I i ty (knytanies advised of change in the schedule which should include the following: -3- I . Date grading will 1e ccxrlrleterl and property pins installed. 2. Date subdivision will be ready for utility installations_ 3. Date (urbs, gutters and sidewalks will be constructed. 4. Date for start of street and parking area paving. F) The Utility Companies will keep the Developer informed of any changes in utility schedules that could affect the services for his project. C) When the final. development plans are approved, they should include the following information: 1. Typical cross-section of streets and easements. A. Width of street B. Location for curb, gutter and sidewalk with relation to right- of-way. C. Water, serer, telephone, electric and other utility locations and method of installation (Aerial and Buried). D. Width and location of easements as agreed in utility plan. 2. A copy of soil reports. H) Installation of telephone, electric, its, water N/A , and N/A will be scheduled and conpleted within a previously agreed to length ul' thue, UIN>n receipt. of written notice that thy final grades in easement areas have been established and that the easements are free of all obstructions, prior to the placing of driveways, curbs, paved parking areas, sprinkling systems, etc. , except by special agreements with the Utility Companies and written into this agreement as a part • -4- thereof. The Developer will be reslxxrsible for the actual locating and staking of utility easements upon request and prior to the in- stallation of utilities within the easements. I) The Utility Companies will locate facilities for anyone excavating in the easements or streets occupied by the Utilities. Telephone numbers of Utility Locators will be provided. J) Compaction will be to 95% of original undisturbed ground. REPRESENTATIONS: A) After Utilities (Gas, Electric, and Telephone) have been installed in accordance with the Utility plan and until the Developer has completed his work in the areas of the installation, the Developer agrees to indemify, hold harmless and reimburse the Utility Companies for any and all loss, injury, or damage including the cost of replacement of repair to the Utility Companies' property within the development when such loss, injury or damage is caused by persons or parties other than the undersigned Utility Companies, save and except as to acts of vandalism, acts of God, acts beyond the control of Developer other than acts of the contractors, sub-contractors, electricians, plumbers, or others perfnnning work for the Developer and nets by or under the direction of third party purchasers within the Development. Similarly, the Utility Companies agree to indemnify, hold harmless and reimburse the Developer for any and all loss, injury or damage to the Developer's property within the development, including the cost of replacement or repair of its property arising from any damage, injury or cut where -5- ✓ Ham, was occasioned by the act or acts of the Utility Companies or their agents. Furthermore, if grading or landscaping is changed by Developer, its employees or sub-contractors sufficiently to endanger the continued use of utility facilities, the facilities will be re- located by the Utility Companies to a new agreed upon location and the Developer agrees to reimburse the Utility Ccrrpanies for the cost of relocations. B) The Utility Company will advise the Developer, at an early date, of the type of service available. If service is not available, the De- veloper will be advised in accordance with the Public Utility Com- missions regulations, of the anticipated date service will be avail- able, if known. C) This agreement does not cover telephone facilities normally handled by the Building Industry Consulting Group. ADDITIONAL AGREEMENTS: A) This agreement covers construction specification requirements appli- cable to the Utility Companies participating, but may not fulfill financial and other requirements of individual Utility Companies. Separate agreciunts may be required to satisfy these requirements. B) In the event the Developer initiates changes after establishing and agreeing upon a proposed utility plan with the signatories of this contract, the Developer shall pay the additional costs including en- gineering costs incurred by the Utility Companies to accommodate such changes. In the event a Utility Company initiates changes after -6- J agreeing on such a plan, the Utility Company will reimburse the De- veloper and/or other Utility Companies for costs incurred in accom- modating such changes; as well as, relocating service facilities with all reasonable dispatch. Signatories of this contract may unilateral- ly or mutually agree in writing to relieve the other of this liability in specific or general cages. C) This Agreement shall be binding upon and inure to the benefit of the signatories, their successors, assigns and legally appointed repre- 4 sentatives. Little Thompson Valley Water Dist. Union Rural Electric Association By ,../2-/LC '! %<,""zL/7 BY Uade.4 Y. /11 ;x[. Its Its .44)-yiv r) It�ctivvc— Mountain Bell Telephone Company DE\TEWPER: of Lovemont Investment Company 1 . Its By Its 7 nricmoRnnDuni To Chuck Cunliffe _ Dale June 1 , 1978 COLORADO Fr°m Rodney H . Hutchinson s°e;.<<: The Farmer ' s Mart Final Plat The Engineering Department has the following comments concerning Farmer ' s Mart : 1 . Computations and details should be furnished for the retention pond area on Lot 7 . Location , volume , and method of discharge should be made clear . The retention pond area shall not be used for permanent storage or any other purpose . { 2 . A soils report and roadway structural design should be furnished . 3 . The 30 ' R . O . W . dedication on the east side of the property would serve no purpose to the County without an equivalent dedication from the adjacent land owners . The County should not be expected to maintain this strip of land , thus I feel a 60 ' dedication at the time of road construction would be more appropriate . 4 . A 60 ' R . O .W . dedication on the north side should be centered along the center of the road . Not only is 2 ' from the edge of the pavement to the R . O . W . line not adequate , but the County will not maintain the 30 ' strip of land between the road and Highway 66 . 5 . Details of all intersections should be furnished . Constructing only one-half (2) of the north entrance shall not be permitted . All turning radii should be detailed with a minimum of a 50 ' radius . The culvert at the west entrance shall be designed with proper cover and a more gentle intersecting grade than 4% would be preferred at that entrance . 6 . The estimated cost of paving appears to be quite low. This figure should be changed or substantiated . X03 31T123 �1,L� 4 stS Rodney H . Hutchinson r`� JON 19m co RHH : sar RECEIVED Co re) Wai CM" C•-$ Planehg Can;n7uk� /C0c.) 11191 y`�`Ct> ur o0 i� 0 �f I,,. COLORADO DEPARTMENT OF HEALTH 4210 E. 11TH AVENUE DENVER 80220 PHONE 366-6111 EXT. 329 ANTHONY ROBBINS. M.D..M.P.A. EXECUTIVE DIRECTOR DATE : May 25, 1978 9.4 SUBJECT: NON-STATE ASSISTANCE ,\'-lk 1 Z , - , z O' v) REVIEW AND COMMENTS RE��AY1978 n cEIVED cn TO : Weld County Department of Planning Services Q 11441#e/dCosoty Co Weld County Centennial Center St-, �t Co®pos10 co 915 Tenth Street d� p� Greeley, CO 80631 �`9�sl�lEla�`\ PROJECT TITLE : Final Plat - Farmers Mart (Lovemont Investment Company) STATE IDENTIFIER : NA COMMENTS DUE BY : June 6, 1978 Yes No L l Is this project consistent with the goals and objectives of this agency? Yesl I No O Is there evidence of overlapping of dupl ica - tion with other agencies? Yes ' I No IJ Is meeting desired with applicant? Yes l T No El A 15-day extension is requested . Comments : Water Quality Control: The -ater Quality Control Division has no ob- jections to the approval of this plan. However, we concur with the findings and recommendations of the preliminary soil and geologic investigation relative to the method of sewage disposal. The use of individual septic tanks is the least desirable of several alternatives; the presence of shallow free water will pose a problem to leaching field construction and will require other, more positive treatment methods . Ultimate responsibility for approval of individual systems, however, lies with the county sanitarian. Please note that, in accordance with Senate Bill 35, any development serving more than 20 people (including a central septic system of greater than 2000 galJoAs) must receive site plan approval `. _ L,i 7_. _, _ /L v from the Water Quality Control Name , Title & P one %t/ /42 t---, Commission before construction Ron Simsick, Program Administrator SOC- 3 , Feb 77 will be allowed • to commence. ATTACHMENT 8 / FIELD C ''ECK FILING NUMBER 5- -w y. CJ spqnt NAME s �!?Y`.ND_Y'A '__ hv.W t'r! '-----n^ REQUEST VW-Nos\ Plw+ FArw,erS 1Y\A.v. LEGAL DISCRIPTION 1+ , h W_ar 4S T3 b Isew ' • LAND USE PI _ ce_ I F rlct &wr0. E • len S PceY\CU, Awro, 11 W / Pity"11 ZONING N //1' �f\ctn.I't y-q , LOCATION Scx l heal E _ L-O\mwNEY 1 Co Q-: U C,OY `Re( sh\v(uc.Lo:.Aso S n I L L (o t 1 LS w SAY\ Cin ,ttcra. COMMENTS : -P to \pa} GP(1V`o `roe` 11 ia\i 2 Nr\tivir Pft ,tr�7 ( (o O Y-00.C- oja,n 4\ 12775 V IVY k t‘t-IN LA.m 01/41/4 Ctser__ O -?rUU , 4y � ��.01la'i t%)i/) lltk' co ---fit ri '. .or .?11;1;tik � �0 RICHARD O. LAMM *V ?�4 � * JOHN W. HOLD GOVERNOR 4"--"I"' 1876 *f D ireclor 1875 COLORADO GEOLOGICAL SURVEY DEPARTMENT OF NATURAL RESOURCES 715 STATE CENTENNIAL BUILDING - 1313 SHERMAN STREET DENVER,COLORADO 80203 PHONE (303)839-2611 May 15, 1978 Mr. Chuck Cunliffe Weld County Department of Planning Services Weld County Centennial Center 915 10th Street Greeley, CO 80631 ' Dear Mr. Cunliffe: RE: FARMERS MART, WELD COUNTY We have reviewed the above referenced subdivision for geologic conditions which should be considered during development. We find that hydrocompaction (settling soils) and high ground water levels could adversely affect building foundations and the operation of standard septic systems. Because these items are critical in the safe development of the area, we recommend that a geology/soils foundation investigation be conducted by qualified geotechnical personnel prior to the approval of this application. This study should include an analysis of the area with regard to the feasibility of on-lot leach fields in potentially compacting soils. Until the above investigation has been completed and submitted for review, we cannot recommend the approval of this application. Sincerely, r-/— 24— Walter R. IJnng4` Engineering Geologist WRJ/vt cc: Land Use Commission ,/: -; ', Telephone Conversation May 30, 1978 ,./ PECF'JVc I) }`j Walter Junge indicated that his concerns erly '� have been answered in the Soil and Geologic missiart \ � Investigation done at the time of Preliminary;, ; Plan stage. He has no objections to the approval of the Final Plat . •.lUl1ti GEOLOGY STORY OF THE PAST . . . KEY TO THE FUTURE • STATE DEPARTMENT OF HIGHWAYSWeld County JACK KINSTLINGER EXECUTIVE DIRECTOR SH 66 i+6refV- Farmer' s Mart DIVISION O1= HICAIWAvs t Ulrfl IFICI 4 E. N. HAASE Y� '* i� DWIGHT M. BOWER CHIEF ENGINEER nil s�rvr to°) DISTRICT ENGINEER SE Corner of SLATE OF COLORADO P. O. BOX 850 1420 - 2"D ST. • GREELEY. COLORADO 80831 • 110 II 393.1232 I-25 & SH 66 May 15, 1978 DOH FILE 45100 Mr. Chuck Cunliffe Department of Planning Services Weld County Centennial Center 915 Tenth Street Greeley, Colorado 80631 Dear Mr. Cunliffe: The Colorado Division of Highways has reviewed the application from Lovemont Investment Company for a Final Plat of The Farmer's Mart. The following comments also incorporate the Weld County Utility Coordinating Committee meeting of May 11 , 1978. We have included a copy of our original comments on this development as a point of reference, and we reaffirm those comments at this time. 1 . As mentioned at the above meeting, we feel that acceleration and deceleration lanes should be incorporated into the State Highway 66 access point. Assur- ance was given at the meeting that these lanes will be constructed according to the specifications originally proposed. A deceleration lane into the frontage road access was recommended at the above meeting and accepted by the developer's representative. This lane should be built to the same specifications as the highway lane, within the distance available along the property frontage (146.26 feet) , with an additional 150- foot taper to the south. 2. Drainage considerations regarding the abandonment of a ditch through Lots 2, 3, 7, and 11 , and the location of 30" x 301 ' siphon under the Interstate were also discussed. It was stated by the representative that both of these drain- age facilities have been considered in the May 1978 Drainage Study. Provided that adequate accommodation of the water carried by these facilities is made, we see no conflicts with our interests. We appreciate the opportunity to review this plat. (3.",tni 1415 Very truly yours, eA MAY197$ DWIGHT M. BOWER o> DISTRICT ENGINEER a, RECEIVED r weld Guy >> AC: da nPlamufi Comma `1}? .(q...). ./ C, . r Enclosure �cC X1° Albert Chotvacs cc: D. M. Bower c j IEOESL% Assistant District Engineer Fraser-Yost File: Crier-Jacobson via Finch-Graham w/encl . Weld BOARD OF HEALTH I'!YM el/dd County ounty / {'call Department DAVID WERKNG. DOS. ()mein,/ FRANK'IN D 10D111 MD. MPH IlAI PH MB. Grmlcy Dlrerlr,r 1516 110.8/1141 ROAD Will IAM fl1IGK, Ro rnlo GREELEY, COLORADO 80631 Orm18 On I KI Greel y (Jlll)' IIONAI Il III Old IIi, Wyo. ANNI1FF M IDPI7 Gmclry I IIIRSCI IEL PHELPS. JR M D Greeley KATI❑IIN SI IAUGIINF SGY, Atm JOF STOCKION. Gleresl May 15, 1978 Gary Fortner, Director Planning Commission 915-10th Street Greeley, CO 80631 • TO WHOM IT MAY CONCERN: This department has reviewed the Final Plat for Farmers Mart from Lovemont Investment Company and submit the following comments : 1. Conventional septic and leach fields cannot be be approved due to high water table and slow soil percolation (greater than 60 min. /inch) . The septic system(s) will, therefore, require an engineer design. 2. Any operation producing more than 2,000 gallons of sewage per day will require approval from the Colorado Department of Health Water Quality Control Commission. 3. An Air Pollution Emission Permit (fugitive dust) shall be applied for through this office prior to any earth moving activity. Sincerely, oh�Hall 1.P. . , Director Environmental Health Services JCH:dr 1,1g151G117 ' MAY 1978 �` ° 71:70:VED :y' r— ny >> S' �issin �� " • LONGMONT FIRE PROTECTION DISTRICT • 9119 COUNTY LINE ROAD LONGMONT, COLORADO 80501 772— 0710 e7C UP. chC , Olin).... .. 7inpaatHont of ,_ - ':iee Con,ty Centennial Center 015 10th ,.,.real ',__oioy, Colo. .C;:] .. ,� rove : ._ thc Plat — J a r a, as 71art ors: Co not .. ,ry o.;,jco _o; u to ✓clornent 7.. pec'entol aL thi tina. FC..Crve jarisdiction and jud.;c:7o:L on LLis plat ror trr falle:,i.p -F. reason:: a. Onn aproval of ievolopmonL actor Mott .;L cpend npon the quantity of wLatar avail '710 o"' p... ri'Y: ?)rotor Lion. b. )ac,.. rructurc and occupancy nu ll he irc n e 'c:'. for fire 1,±O-tOC Lion ncoCs nod e ilii'nm C" . i Don — Chi.nC r,�yt•,r.�oai'; F.it0 _ ��t__ it,.i _,_ctric. /"D p. i 1919 if) REGE1v NE-CI �IeN Centh (cc �' Coae�alo� 'ti• � py�ein6 � 1, 1 .11 . .1 ' MAIN 11111 I IIIN( MONI 1111 Oli A111) .U,III May 8, 1978 Mr. Chuck Cunliffe, Assistant Zoning Administrator Department of Planning Services Weld County Centennial Center Re: Lovemont Investment Company 915 10th Street Greeley, CO 80631 Dear Chuck: Our staff has reviewed the above mentioned application and find no conflicts with our interests. We reviewed the preliminary plat and due to its relative small size and poor quality land, we could find no exceptions at that time. Sincerely, J 1 2„!!.es-tv!L. /di L l/Cu /_% h Robert Schlagel President RS: rah v i is 1978 � <nI RECEIVED Fit Eli Cowry ,ad c. Tr.,Mng Caaeityo, < � ��l�y�SLDG E66° CONSERVATION - DEVELOPMENT - SELF-GOVERNMENT Lovemont Investment Company 8-148: 78 :5 SURROUNDING PROPERTY OWNERS May 10, 1978 Donald C. Helgers 436 West Main Barrington , Illinois 60010 Valley Sixty-Six c/o Chicago-Colorado Partners c/o William Arnold 18th Floor Civic Tower Building 32 West Randolph Street Chicago, Illinois 60601 Sekich Farms Frederick Sekich P.O. Box 508 Longmont , Colorado 80501 Theo and Elizabeth Rademacher Route 1, Box 293 Longmont , Colorado 80501 Robert M. and Janice M. Rademacher 14599 Weld County Road 91 Longmont , Colorado 80501 Edwin Anderson 1st National Bank of Longmont , Trustees 3528 Weld County Road 28 Longmont , Colorado 80501 mEmoRAnDum WIIDc. To Chuck Cunliffe pate June 19 , 1978 COLORADO From Rodney H . Hutchinson , Engineering Department subject: The Farmer ' s Mart Final Plat-Lovemont Investment Co . I have received some revisions for Farmer ' s Mart from J . R . Developers and offer the following comments : 1 . The Addendum to the drainage study which analyzes the required retention volume is acceptable . The retention area would be located in the area of Lot 7 , although I have not received any details for the pond or the outfall . I recommend that the recommend- ations made in the report become requirements upon approval and that consideration be given to reserving Lot 7 for retention purposes . 2 . As discussed with Roger Guertner of J . R . Developers , yet not indicated on the plans , the intersections should be designed with 50 foot paved radii . 3 . Exhibit "A" of the Subdivision application shows a total estimated cost of road base and asphalt of $25 ,094 . 80 . This figure has been increased by Mr . Guertner to $57 , 613 . 65 . I recommend that the required bond be increased accordingly . I have brought these comments to Mr . Guertner ' s attention . He will be discussing them with you further . 1 KerrizERodney H . Hutchinson Department of Engineering RHH : sar hh\ 1B19�Oa� ' JUN 197R rF'� RECEIVED Weld County Planning Conn, Q, ADDENDUM TO THE DRAINAGE STUDY FOR THE FARMERS MART OF MARCH 9, 1978 JUNE 13, 1978 JR DEVELOPERS, LTD. If? DEL(I OPERS. LTD CONSLILTANTSSURVFYERS 0005 E. EVANS. SUITE 101 / DENVER, COLORADO 80222 TELEPHONE- 30.? 79F,5.122 ADDENDUM FARMERS MART DRAINAGE STUDY SCOPE The purpose of this addendum is to quantitatively analyze the volume of detention required for the Farmers Mart Subdivision. CRITERIA The figures developed in the Drainage Study for the Farmers Mart Sub- division dated March 9, 1978 were used for the purpose of this report. The method for determining detention volume, as outlined in the Urban Drainage and Flood Control District Manual, was utilized for the detention volume calculations. As recommended by the Weld County Engineering Department, the City of Greeley design storms were used in the calculations. That jurisdiction requires that the 100-year storm be analyzed for the developed condition and the 5-year storm be analyzed for the historic condition. "AC" values from the original Drainage Study were used in the calculations. New time-intensity-frequency curves were derived for this addendum and are included. RECO4MENDATION A detention pond of 1.57 acre-feet in volume should be constructed for this site. The location should be in the southeast corner of the subdivision, in the vicinity of lot 7. The release should be limited to 21.6 CFS. A 24" CMP or the equivalent should be installed for this purpose. The overflow spillway for the detention pond area should be a gradually graded weir on the top of the detention pond berm capable of handling 27.98 CFS. The addendum is submitted for review and approval. l ') ) IQ\`O�1Z7CJr c• s, Q4513 F David L. Kotzebue, P.E. J tam t ,• 9 •T°F� c07-, if( OFCGk-. ;:- DETENTION VOLUME FARMERS MART HISTORIC AC = 7.0 DEVELOPED AC = 11.08 TIME MINUTES SECONDS I100 VOL100 IS VOL5 A VOL(CF) 5 300 6.00 19944 3.96 8316 11628 10 600 4. 56 30315 3.00 12600 17715 15 900 3.64 36298 2.36 14868 21430 20 1200 3.03 40287 1.86 15624 24663 30 1800 2.40 47866 1.60 20160 27706 60 3600 1.80 71798 1.10 27720 44078 90 5400 1. 50 89748 .84 31752 57996 120 7200 1.15 91742 .63 31752 59990 180 10800 .90 107698 .52 39312 68386* *Recommended Retention Volume l;4 JR DEVELOPERS LTD. 0© 8400 S. ACRES GREEN DRIVE LITTLET O N, COLO. 80124 303 773 6444 LAND DEVELOPMENT CONSULTANTS 7716.- /7,zhc r J4 ` /S /77.x' ,' , ?/D /-47✓n/c2 C. 7- 2=.2.27,, r �pf� �BZ o��r7o.�r C rr r C/Jsc / 4/9.45 /094. 3 IC;(7'4 429 53 //.4/.≥L/EST A.JE 4 73SE 5 4 /Z077 3 7 t 16u1/9tT 9353 . 26. 6,7-3 ,5a _ ,SASE 24/87 26,, /G/Z .08 �:71:togbi_? 7O0L.7.5 , G-47. 3/ C-6,/ .roc • 5693 .ocp 592.87 Ase,w/c/ r .?.3/B.?/ Z-3Z.6 . ToT.�7L 3 9 SE 49 7&95 727/./,5 . A5A`/FIGT / 84Z TON S S S _ GGA � ,5, QS F 4. 75 ,pew Acmi 23,6,40. C.7/ As 0/ ' @ /7. oo F�.0:?, 75^-/ /4 _: Nth-_ To7 c -557 (0/3. &5 chen and associates, inc. CONSULTING ENGINEERS c , SOIL I,FOUNDATION 96 S. ZUNI • DENVER. COLORADO 80223 303/744-7105 ENGINEERING 1924 EAST FIRST STREET • CASPER. WYOMING 82601 • 307/234-2126 June 14, 1978 Subject: Preliminary recommendations for Pavement Design, Farmers Mart Development, Interstate 25 and Highway 66, Weld County, Colorado. Job Number 13,548 J. R. Developers, Ltd. 6005 East Evans Denver, Colorado 30222 -ATTN: Mr. Roger Guerthner Gentlemen : This letter is in regards to the conversation we recently had re- garding pavement for the above referenced site. As we discussed , accurate pavement design studies require estimates of vehicle traffic volume and weights together with a thorough knowledge of the suharade characteristics. Based on our preliminary study and estimate of the traffic volume, it appears that 3 inches of asphaltic concrete underlain by 8 inches of com- pacted crushed gravel base will be a likely design section for the pave- ments. This should he verified when more information has been established for the project. If we can he of further service please do not hesitate to contact our office. Sincerely, CHEN AND ASSOCIATES , INC. Curtis O. Seary. P. E. C0S/kv • PROPOSED COVENANTS FOR FARMER'S MART WHEREAS, LOVEMONT INVESTMENT COMPANY IS DESIROUS OF SUBJECTING SAID PREMISES TO CONDITIONS, COVENANTS, RESTRICTIONS, AND RESERVATIONS HEREINAFTER SET FORTH TO INSURE PROPER USE AND APPROPRIATE IMPROVEMENTS OF SAID PREMISES AS FOLLOWS: 1. ALL USES, SETBACKS, RESTRICTIONS, ETC. SHALL CONFORM TO "FARMER'S MART COMMERCIAL UNIT DEVELOPMENT STANDARDS" AS RECORDED IN BOOK 812, RECEPTION NO. 1733937 OF WELD COUNTY RECORDS. THE OFFICIAL ZONING AND SUBDIVISION REGU- LATIONS OF WELD COUNTY, AS PERTAINING TO COMMERCIAL DISTRICT, SHALL BE FOLLOWED WITH THE FOLLOWING ADDITIONS: 2. ANY ONE LOT ON THE PREMISES MAY CONTAIN A MAXIMUM OF THREE (3) BUILDINGS WHICH CONSIST OF A MAXIMUM OF THIRTY-FIVE PERCENT (35%) OF LOT AREA. ALL BUILDINGS ERECTED ON PREMISES 'BE OF MASONRY, CONCRETE, OR STRUCTURAL STEEL CONSTRUCTION, OR WOOD. IN THE CASE OF STEEL CONSTRUCTION, ALL EXTERIOR WALLS MUST BE MODERN METAL PANELING, COLORED OR FACED WITH BRICK, STONE, GLASS, OR THEIR EQUIVALENT. ANY CONSTRUCTION SHALL FIRST BE SUBMITTED TO AND APPROVED IN WRITING BY AN ARCHITECTURAL COMMITTEE CONSISTING OF; RALPH D. KAUFMAN, TERRYL JENSEN AND KEN HARTMAN. TWO AFFIRMATIVE VOTES ARE REQUIRED FOR APPROVAL. 3. ANY OWNER, TENANT, OR OCCUPANT OF ANY LOT ON SAID PREMISES AGREES THAT THE AREA BETWEEN THE BUILIDNGS AND THE STREET PROPERTY LINES SHALL BE USED ONLY FOR EITHER'OPEN LANDSCAPED AND GREEN AREAS OR FOR SERVICE ACCESS TO THE BUILDINGS OR A PARKING LOT. LANDSCAPED AREAS SHALL BE DONE ATTRACTIVELY WITH TREES, SHRUBS AND SIMILAR TREATMENT AND SHALL BE PROPERLY MAINTAINED IN A SIGHTLY AND WELL KEPT CONDITION. LANDSCAPING ON INDIVIDUAL LOTS: THE LOT OWNER SHALL PROVIDE A LANDSCAPE PLAN AND LANDSCAPE MAINTENANCE PLAN FOR THOSE PORTIONS OF THE SITE WHICH ARE NOT BEING USED FOR ACCESS, PARKING OR STRUCTURES. PLANT MATERIALS SUCH AS THOSE DESCRIBED ABOVE SHALL BE UTILIZED. - 2 - (1) NO MORE THAN 85% OF THE AREA OF ANY LOT SHALL BE COVERED BY BUILDINGS, ASPHALT, OR GRAVEL. (2) A MINIMUM OF 15% OR 5,000 SQUARE FEET (WHICHEVER IS GREATER) SHALL BE MAINTAINED AS FORMAL LANDSCAPED AREA UTILIZING TYPICAL PLANT MATERIALS DESCRIBED ABOVE. ALL OTHER OPEN SPACE AREAS SHALL BE PLANTED WITH LOW MAINTENANCE MATERIALS SUCH AS NATIVE GRASSES AND SHALL BE MAINTAINED IN A WEED FREE CONDITION. (3) A MINIMUM OF 10' ADJACENT TO THE PUBLIC RIGHT-OF-WAY SHALL BE LANDSCAPED. 4. NO LOADING DOCK SHALL BE ERECTED ON ANY LOT FRONTING ON ANY STREET. 5. STORAGE YARDS ON ANY LOT FOR EQUIPMENT, RAW MATERIALS, SEMI-FINISHED OR FINISHED PRODUCTS SHALL BE SO SHIELDED BY A FENCE, SHRUBS, HEDGES, OR OTHER FOLIAGE AS TO EFFECTIVELY SCREEN VIEW OF SUCH STORAGE AREA FROM ALL SIDES OF LOT. STORAGE OF MATERIALS: NO HIGHLY INFLAMMABLE OR EXPLOSIVE LIQUIDS, SOLIDS, OR GASES SHALL BE STORED IN BULK ABOVE GROUND. TANKS OR DRUMS OF FUEL DIRECTLY CONNECTED WITH HEATING DEVISES OR APPLIANCES LOCATED ON THE SAME LOT AS THE TANKS OR DRUMS OF FUEL ARE EXCLUDED FROM THIS PROVISION. ALL OUTDOOR STORAGE FACILITIES FOR FUEL, RAW MATERIALS, EQUIPMENT AND PRODUCTS SHALL BE ENCLOSED BY A FENCE OR WALL ADEQUATE TO CONCEAL SUCH FACILITIES FROM ADJACENT PROPERTIES. NO MATERIALS OR WASTES SHALL BE DEPOSITED UPON A LOT IN SUCH FORM OR MANNER THAT THEY MAY BE MOVED OFF THE LOT BY NATURAL CAUSES OR FORCES. 6. EACH OWNER, TENANT, OR OCCUPANT OF ANY LOT SHALL KEEP SAID LOT AND THE BUILDINGS, IMPROVEMENTS, AND APPURTENANCES THEREON IN A SAFE, CLEAN, NEAT, WHOLESOME CONDITION, AND SHALL COMPLY IN ALL RESPECTS WITH ALL GOVERNMENTAL STATUTES, ORDINANCES, REGULATIONS, HEALTH, POLICE, AND FIRE REQUIREMENTS. EACH SUCH OWNER, TENANT, OR OCCUPANT SHALL REMOVE, AT ITS OWN EXPENSE, ANY RUBBISH OR TRASH OF ANY CHARACTER WHICH MAY ACCUMULATE ON ITS LOT AND SHALL KEEP UNLANDSCAPED AREAS MAINTAINED. RUBBISH, TRASH, GARBAGE, OR OTHER WASTE SHALL BE KEPT ONLY IN SANITARY CONTAINERS. ALL EQUIPMENT FOR THE STORAGE OR DISPOSAL OF SUCH MATERIAL SHALL BE KEPT IN A CLEAN AND SANITARY CONDITION. RUBBISH AND TRASH SHALL NOT BE DISPOSED OF ON THE PREMISES BY BURNING IN OPEN FIRES. - 3 - 7. NO NOXIOUS OR OFFENSIVE TRADES, SERVICES OR ACTIVITIES SHALL BE CONDUCTED ON ANY LOT NOR SHALL ANYTHING BE DONE THEREON WHICH MAY BE OR BECOME AN ANNOYANCE OR NUISANCE TO THE OWNER, TENANT OR OCCUPANT OF OTHER LOTS IN THE AREA BY REASON OF UNSIGHTLINESS OR EXCESSIVE EMISSION FUMES, ODORS, GLARE, VIBRATION, GASES, RADIATION, DUST, LIQUID WASTE, SMOKE OR NOISE. NO LOT MAY BE USED FOR ANY PROCESS WHICH WOULD EMIT ANY UNUSUAL CHEMICAL WASTE INTO THE GROUND OR SANITARY SYSTEMS. PERMITTED USES: THE PURPOSE OF THE FARMER'S MART IS TO PROVIDE A COMMERCIAL AREA FOR THE CONVENIENCE OF THE FARMERS AND RANCHERS WHO LIVE IN THE VICINITY. TO THAT END, THE BUSINESS USES HEREIN DESCRIBED ARE INTENDED TO SERVE THE LOCAL FARM AND RANCH MARKET, AND ARE NOT INTENDED TO ATTRACT TRANSIENT TRAFFIC FROM INTERSTATE 25 AND STATE HIGHWAY 66. LOTS 1, 9 AND 10 SHALL BE CONSIDERED AS INTENSIVE USE LOTS. PERMITTED USES ON THESE LOTS SHALL INCLUDE IMPLEMENT DEALERS, FARM MACHINERY AND TRUCK DEALERS, LUMBER AND HARDWARE DEALERS, PLUS ANY USE INDICATED AS A PERMITTED USE FOR THE REMAINING LOTS. LOTS 2, 3, 8, AND 11 SHALL BE CONSIDERED AS MEDIUM INTENSIVE USE LOTS. PERMITTED USES ON THESE LOTS SHALL INCLUDE FEED STORES, HERBICIDE DEALERS, INSECTICIDE DEALERS, IMPLEMENT REPAIR AND SERVICE, CHEMICAL FERTILIZER DEALERS, LARGE ANIMAL CLINICS, LOW EMPLOYEE INTENSIVE AGRICULTURALLY RELATED GENERAL MERCHAN- DISERS, PLUS ANY USE PERMITTED ON LOTS 4, 5, 6, AND 7. • LOTS 4, 5, 6, AND 7 SHALL BE CONSIDERED AS LOW INTENSIVE USE LOTS. PERMITTED USES ON THESE LOTS SHALL INCLUDE VETERINARY OFFICES, VETERINARY SUPPLY BUSINESS, FARRIERS, HORSESHOERS, MEDICAL, DENTAL AND PROFESSIONAL OFFICES. ALL OTHER AGRICULTURALLY RELATED BUSINESS USES AS DETERMINED BY THE BOARD OF COUNTY COMMISSIONERS TO BE SIMILAR IN NATURE TO THE USES SPECIFIED ABOVE AND TO BE IN HARMONY WITH THE INTENT OF THIS COMMERCIAL UNIT DEVELOPMENT. - - q - 8. ANY OWNER, TENANT OR OCCUPANT OF ANY LOT SHALL PROVIDE ON THE PREMISES OFF-STREET PARKING FACILITIES FOR EACH EMPLOYEE EMPLOYED ON THE PREMISES BY THE ORIGINAL OCCUPANT THEREOF AND APPROPRIATE VISITOR PARKING. ALL OFF-STREET PARKING AND ACCESS DRIVES SHALL BE APPROPRIATELY SURFACED AND GRADED TO ASSURE PROPER DRAINAGE. PARKING REQUIREMENTS: EACH LOT OWNER SHALL PROVIDE OFF-STREET PARKING IN ACCORDANCE WITH THE FOLLOWING STANDARDS: RETAIL STORE: ONE SPACE FOR EACH 250 SQUARE FEET OF RETAIL SPACE PLUS ONE SPACE 'FOR EACH TWO (2) EMPLOYEES. SERVICE OR REPAIR SHOP: (INCLUDING IMPLEMENT AND FARM MACHINERY DEALERS) ONE SPACE FOR EACH 600 SQUARE FEET OF GROSS FLOOR AREA PLUS ONE SPACE FOR EACH TWO (2) EMPLOYEES. MEDICAL, DENTAL AND VETERINARY OFFICES: ONE SPACE FOR EACH 300 SQUARE FEET OF GROSS FLOOR AREA PLUS ONE SPACE FOR EACH TWO (2) EMPLOYEES. 9. NO LOT MAY BE USED FOR A JUNK, SCRAP METAL, OR AUTO WRECKING YARD. 10. EACH OF THE FOREGOING COVENANTS, CONDITIONS AND RESTRICTIONS SHALL RUN WITH THE LOTS, AND A BREACH OF ANY ONE OF THEM AND CONTINUANCE THEREOF, MAY, AT OPTION OF THE LOVEMONT INVESTMENT COMPANY, IT'S SUCCESSORS OR ASSIGNS, BE ENJOINED, ABATED, OR REMEDIED BY APPROPRIATE PROCEEDINGS, IN ADDITION TO ANY OTHER REMEDY AT LAW OR IN EQUITY. IT IS UNDERSTOOD, HOWEVER, THAT THE BREACH OF ANY OF THE FOREGOING COVENANTS, CONDITIONS AND RESTRICTIONS SHALL NOT DEFEAT OR RENDER INVALID THE LIEN OF ANY MORTGAGE OR DEED OF TRUST ON THE PREMISES MADE IN GOOD FAITH AND FOR VALUE; PROVIDED, HOWEVER, (I) THAT ANY BREACH OR CONTINUANCE THEREOF MAY BE ENJOINED, ABATED OR REMEDIED BY THE PROPER PROCEEDINGS AS AFORESAID, AND (II) THAT EACH AND ALL OF THE FOREGOING COVENANTS, CONDITIONS AND RESTRICTIONS SHALL AT ALL TIMES REMAIN IN FULL FORCE AND EFFECT AGAINST SAID PREMISES OR ANY PART THEREOF, NOTWITHSTANDING ANY FORECLOSURE OF ANY SUCH MORTGAGE OR DEED OR TRUST. NO ASSENT, EXPRESSED OR IMPLIED, TO ANY BREACH OF ANY ONE (1) OR MORE OF THE WITHIN COVENANTS OR AGREEMENT HEREOF SHALL BE DEEMED TO BE TAKEN TO A WAIVER OF ANY SUCCEEDING OR OTHER BREACH. PROVIDED, HOWEVER, THAT THESE COVENANTS MAY BE CHANGED IN ALL OR PART BY A VOTE OF 60% OF THE EXISTING LOT OWNERS. - 5 - 11. A RETENTION POND FOR DRAINAGE IS DESIGNED FOR LOTS 7 & 8. MAINTENANCE OF THE POND SHALL BE PROVIDED BY THE OWNER OF LOTS 7 & 8. MAINTENANCE SHALL INCLUDE KEEPING AREA FREE OF WEED AND DEBRIS PLUS OPERATION OF THE OUTLET STRUCTURE. 12. IF ANY PROVISIONS OF THESE COVENANTS ARE HELD INVALID AS A MATTER OF LAW, SUCH INVALIDITY SHALL NOT AFFECT THE OTHER PROVISIONS OF THESE COVENANTS, ALL OF WHICH SHALL REMAIN IN FULL FORCE AND AFFECT AS HEREIN SET FORTH. DATE THIS THE ,"S DAY OF JULY, 1978. ' LOVEMONT INVESTM NT CO.,�/� / LIMIT P RTNE SHIP (-4"D BY: an GENERAL PARTNER STATE OF COLORADO ) SS COUNTY OF ARAPAHOE ) THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS 7 is DAY OF Jt , 1978, BY RALPH D. KAUFFMAN , GENERAL PARTNER OF LOVEMONT/1NVESTMENT CO., A LIMITED PARTNERSHIP. MY COMMISSION EXPIRES Per 3O1 /9$d. WITNESS MY HAND AND OFFICIAL SEAL. 1/ Ili TARY PUBLIC File contains oversized map Please see original file Hello