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UBDIVISION FINAL PLAN APPLI,TION
•Name: E/}I'1igin Eion !1% Jeff/ e W, (awc PE .
Work Phone # _131_2_17s %,�7Hoi to Rho9et �91/ 70 - /9�) Email Address CO AIt e cencuithel- a
Address: 3 4r CC Pylel Miff
City/State/Zip Code �I
UTILITIES: Water: Nk/Cfif2
Sewer:
Gas:
Electric:
Phone:
DISTRICTS: School: lt/ �d4d cr
Fire: l-I/P /4 tic
Post: fytf al/e4
FOR PLANNING DEPARTMENT USE
RECEIPT # /AMOUNT # r$
APPLICATION RECEIVED BY
DATE RECEIVED:
CASE # ASSIGNED:
PLANNER ASSIGNED: ___
Parcel Number V .7 0 J - I - L- _! 0- a a 3
(12 digit number - found on Tax I.D. information, obtainable at the Weld County Assessor's Office, or
(Include all lots being included in the
application area. It additional space is required,
attach an additional sheet
Legal Description
titi of RE No. D705=la 02 J3Y7 , Section /0 , Township 7 North, Range 6f West
NA -
Property Address (If Applicable)
Existing Zone District : fl Proposed Zone 6District: n_cE-- Total Acreage: f A if Proposed #/Lots_ 0 _ {
Average Lot Size: _l'J fC, Minimum Lot Size: '100/7 ®o - Proposed Subdivision Name: EeuC.e,1ven Esl9/{S
FEE OWNER (S) OF/ THE PROPERTY (lf addtonai space is required U attach an additiorei sheet) a' t -e / �v /-1 /� d/ g l S
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Name: elf �. I"Gt%504,5 Miff % 4lerf 1. Pa/sons ((� I
Work Phone # X910 2/ Y - Y533 Home Phone it, igqiq,,��0 ilk Email Address (r/VGS 6 f/I(l b, 04 £ (1
Address: e yS s s CN l
CitylState/Zip Code D im( / CO £/121
APPLICANT OR AUTHORIZED AGE NT (See Below Authorization crust accanpary applications signed by Authonzed Agent)
llfa n127-710?
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 corporations the fee owner, notarized evidence must be included indicating the
signatory has the legal authority b sign for the corporation.
Signa e: Owner nzed Agent Date
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Signature: Owner or Authorized Agent Date
2009-0024
EXHIBIT
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PEACE HAVEN ESTATES — FINAL PLAT NARRATIVE
Robert L. Parsons
October 26.2006
Section 24-3-50, Final Plat
C. Description of the Type of Uses
Peace Haven Estates is proposed as an eight (8) lot residential subdivision. Lots will be from
four to ten acres. Each lot will be allowed a residential structure. detached garage and one other
ancillary building as allowed by Weld County Code.
D. Summary of Concerns
None.
E. Number of Lots Proposed
-peace, lack &
There are eight (8) residential lots proposed as part of Prairie Ridge Estates. The eight
remaining lots will be proposed residential building sites.
F. Proposed Circulation System
Access for Peace Haven Estates will be provided from Weld County Road 84, a twenty-
five foot wide gravel roadway. Interior subdivision access will be provided by a 3,000 foot
long cul-de-sac to be known as Peace Haven Way. The cul-de-sac will conform to local
roadway standards and will be thirty-two feet wide in a sixty foot right-of-way. The cul-de-
sac turnaround surface will be 100 feet wide (50"radius) and the right-of-way will be 130
feet wide (15"radius). A 1,000 foot long secondary access along the south boundary of the
project will provide emergency access as requested by the Poudre Valley Fire District.
The roadway will be surfaced with four (4) inches of aggregate material. Roadside ditches
will be approximately two feet deep along both sides of the roadway to facilitate
stormwater runoffs.
Pavement, accel lanes, decel lanes, curb and gutter, sidewalks, valley pans, and parking
areas will not be included with the street improvements. A widened entryway with twenty
foot wide median will be provided for a turnaround, landscaped entry, subdivision
identification sign, bus loading area and mail delivery area.
G. Description of Land Ownership, Function and Maintenance
��i'i7ITN�` O
-Rsame-Ridge--Estates is composed of -nine residential lots to be individually owned by
private parties. Each owner will be allowed one estate residence and will be responsible
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for the maintenance of his / her property. The local roadway, Peace Haven Way, which
makes up the remainder of the project area, will be dedicated to Weld County, but will be
maintained by the Homeowners Association created for the project There are no publicly
dedicated school parcels, open space parcels or parks created as a part of this project.
Section 2-3.60, Final Processing and Review Procedure
1.1 Compliance with Weld County Code
Peace Haven Estates is in compliance with Weld County Code, Chapter 23. The
proposed residential use is consistent with the estate zoning approved for the
development. There are NO intergovernmental agreements or master plans in place
which would conflict with the proposed development
1.2 Preservation of Prime Agricultural Land
This area is located within areas designated ass Prime Agricultural Land; however, the
parcel has not been farmed in several years. Because of the size of the farm, the soil
type, and topography, it is not feasible to conduct farming operations at this location.
1.3 Public Water Supply
Water supply of quality, quantity, and proven dependability for both domestic and fire uses
will be provided by the North Weld County Water District Peace Haven Estates is
adjacent to water system infrastructure including transmission lines, tanks and pump
station which are capable of providing adequate water pressure and volume through a
looped system.
1.4 Sewage Disposal System
The proposed sewage system will be comprised of Individual Sewage Disposal Systems
(ISDS) on individual lots. Preliminary percolation tests indicate that the soil in this area is
adequate for this type of systems. All systems will be permitted and built in compliance
with Weld County Department of Health Guidelines.
1.5 Topographic and Soil Conditions
Soil and Topographic conditions within this development do not represent hazards or
require special precautions based on the Geological Hazard Report. Individual foundation
designs will be required for each residence proposed within the subdivision.
1.6 Street Classification
The proposed development will generate eighty (80) vehicular trips per day. This is
consistent with the local street standards proposed for Peace Haven Way.
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1.7 Off -Site Street Facilities
Access for this development will be provided by the connection of Peace Haven Way to
Weld County Road 84. Weld County Road 84 is classified as a local roadway and is
adequate to convey the proposed traffic.
1.8 Interior Road Responsibility
The initial construction of Peace Haven Way will be the responsibility of the Peace Haven
Estates developer. The responsibility for surface maintenance, snow removal, mowing,
culvert crossings and overall maintenance of Peace Haven Way will be the responsibility of
the Peace Haven Estates Homeowners Association.
1.9 Contiguity
Peace Haven Estates is not part of or contiguous to a previously recorded subdivision or
unincorporated townsite.
1.10 On -Street Parking
No on -street parking along Peace Haven Way will be allowed within the Peace Haven
Estates Subdivision.
1.11 Access Restrictions
Access to the lots created as a part of this development is provided only from Peace
Haven Way within the subdivision. Peace Haven Way will access Weld County Road 84
at one location.
1.12 Interior Access
All access from interior lots will be provided by Peace Haven Way, an internal local
roadway.
1.13 Drainage System
A drainage system has been included as part of this development to adequately convey
stormwater throughout the subdivision. This system is comprised of roadside swales,
drainage swales and roadway culverts which direct runoff to two detention ponds. The
detention ponds mitigate stormwater impacts on adjacent properties.
1.14 Number of Lots
Eight (8) lots are proposed as pal of this subdivision.
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1.15 Ability to Provide Services
The development of this subdivision has been reviewed by the appropriate fire,
ambulance, postal, law enforcement, school, water and conservation districts governing
this area. Also, municipalities and counties within three miles of this development have
reviewed the adequacy of this project. All comments and concerns forwarded by the
districts have been addressed in the development of the project All districts have
expressed their ability to provide service to this development except for law enforcement.
1.16 Impact on Wildlife. Agricultural Land and Historical Sites
Division of Wildlife authorities did not respond to this project
The farm has not been used for agricultural purposes for at least twelve years. The
conversion of the property from agricultural to residential will insure better maintenance
and ground cover on the property.
There are no known historical sites or buildings older than 10 years established on the
property.
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Report Date: 09/28/2006 04:00PM
WELD COUNTY TREASURER Page: 1
STATEMENT OF TAXES DUE
SCHEDULE NO: R2153503
ASSESSED TO:
PARSONS ROBERT L &
C/O BATH & ASSOCIATES
2695 W EISENHOWER BLVD STE 160
LOVELAND, CO 80537
LEGAL DESCRIPTION:
PT NW4 10-7-67 LOT B REC EXEMPT RE -3358 (1.25R3D)
PARCEL: 070510200023 SITUS ADD:
TAX YEAR
2005
CHARGE
TAX
TOTAL TAXES
TAX AMOUNT INTEREST
36.64 0.00
GRAND TOTAL DUE GOOD THROUGH 09/28/2006
FEES
0.00
PAID TOTAL DUE
36.64 0.00
0.00
0.00
ORIGINAL TAX BILLING FOR 2005
Authority
WELD COUNTY
SCHOOL DIST RE4
NCW WATER
POUDRE VALL FIRE
AIMS JUNIOR COL
WINDSOR LIBRARY
WEST GREELEY CONSERVATION
TAXES FOR 2005
TAX DISTRICT 0433 -
Mill Levy Amount
17.900 7.51
48.735 20.46
1.000 0.42 TOTAL
9.301 3.91
6.357 2.67
3.546 1.49
0.417 0.18
87.256
36.64
Values
AGRICULTUR
Actual Assessed
1,445 420
1,445 420
ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER
OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURERS OFFICE WILL NEED TO BE
CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES - AUGUST 1,
REAL PROPERTY - AUGUST 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK.
P.O. Box 458
Greeley, CO 80632
(970) 353-3845 ext. 3290
WELD COUNTY TREASURER
Pursuant to the Weld County Subdivision Ordinance, the attached
Statement(s) of Taxes Due, issued by the Weld County Treasurer, are
Evidence that, as of this date, all property taxes, special assessments and
Prior tax liens currently due and payable connected with the parcel(s)
identified therein have been paid in full.
Date
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December 6, 2006
Hannah Hippley, Planner
Weld County Department of Planning
918 10th Street
Greeley, CO 80631
RE: Peace Haven Estates MF-1025
Parcel Number
Dear Hannah:
T.ANI Engineering
3468 Shallow Pond Drive
Fort Collins, CO 80528
(970) 231-9937
We have addressed the issues raised by the Poudre Fire Authority as follows:
1. Premises Identification
We have added language to the covenants which call out six inch numerals to be provided on each
residence.
2. Water Supply
We have placed fire hydrants within the subdivision to meet the spacing requirement specified by
the Poudre Fire Authority. Also, the North Weld County Water District has indicated that we they
should be able to provide the required volume of water at the required pressure.
3.Required Access
We have provided adequate access to this subdivision. An emergency access has been provided
as well.
4. Cul-sde-sac
The cul-de-sac had been designed with the proper radii. An emergency access has been provided
with the subdivision.
Sincerely,
/(i
Couch, P.E.
TEAM Engineering
Cc: Robert Parsons
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IMPROVEMENTS AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
(PRIVATE ROAD MAINTENANCE)
THIS AGREEMENT, made and entered into this Lb day of_CC iupl( , 20 04, by and between
the Coun of W eld, State ofColorado, acting through its Board of County Commissioners, hereinafter c ailed "Co unty,"
and _NO left L. fe SenS hereinafter called"Applicant."
WIT N ES SETH:
WHEREAS, Applicant is the owner of, or has a controlling interest in the following described property in the
County of Weld, Colorado:
Let 8 of RE o7e5-/9- Z- RE 3358
WHEREAS, a Final Subdiv1$in /Planned Unit Development (PUD) plat of said property, to be known as
Peace av-en fEkteS has been submitted to the County for approval, and
WHEREAS, relevant Sections of the Weld County Code provide that no Subdivision Final Plat, Planned Unit
Development Final Pht, or Site Plan shall be approved by the County until the Applicant has submitted a Subdivision
Improvement Agreement guaranteeing the construction of the public improvements shown on plans, plats and supporting
documents of the Subdivision Final Plat, Planned Unit Development Final Plat, or Site Plan, 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:
1.0 Engineering Services: Applicant shall furnish, at its own expense, all engineering services in connection with
the design and construction of the Subdivision or Planned Unit Development improvements listed on Exhibit
"A," which is attached hereto and incorporated herein by reference.
The required engineering services shallbe performed bya Professional Engineer and Land Surveyor
registered in the State ofColorado, 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
profiles, estimates, construction supervision, and the submission of necessary documents to the
County.
1.3 Applicant shall furnish drawings and cost estimates for roads within the Subdivision or Planned Unit
Development to the County for approval prior to the letting of any construction contract. Applicant
shall furnish one set of reproducible "as -built" drawings and a final statem ent of construction cost to
the County.
2.0 Rights -of -Way and Easements: Before commencing the construction of any improvements herein agreed upon,
Applicant shall acquire, at its own expense, good and sufficient rights -of -way and easements on all lands and
facilities traversed by the proposed improvements.
3.0 Construction: Applicant shall furnish and install, at is own expense, the Subdivision or Planned Unit
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Development improvements listed on Exhibit "A," which is attached hereto and incorporated herein
by reference, according to the construction schedule set out in Exhibit "I3" which is also attached
hereto and incorporated herein by reference.
3.1 Said construction shall be in strict conformance to the plans and drawings approved by the County and
the specifications adopted by the County for such public improvements. Whenever a Subdivision or
Planned Unit Development is proposed within three miles of an incorporated community located in
Weld County or located in any adjacent county, the Applicant shall be required to install
improvements in accordance with the requirement and standards that would exist if the plat were
developed within the corporate limits of that community. If the incorporated community has not
adopted such requirements and standards at the time the Subdivision or Planned Unit Development
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 requirements and
standards that are more restrictive shall apply.
3.2 Applicant shall employ, at its own expense,a qualified testing company previously approved by the
County to perform all testing of materials or construction that is required by the County; and shall
furnish copies of test results to the C ounty.
3.3 At all times during said construction, the County shall have the right to test and inspect, or to require
testing and inspection of material and work at Applicant's expense. Any material or work not
conforming to the approved plans and specifications shall be removed and replaced to the satisfaction
of the County at Applicant's expense.
3.4 Applicant shall furnish proof that proper arrangements have been made for the installation of sanitary
sewer or septic systems, water, gas, electric and telephone services.
3.5 Said Subdivision or Planned Unit Development improvements shall be completed, according to the
terms of this Agreement, within the construction schedule appeareig 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 Applicant subject to the terms of Section 6 herein.
4.0 Release of Liability: Applicant shall indemnify and hold harmless the County from any and all liability loss
and damage County may sufkr as a result ofall suits, actions or claims of every nature and description caused
hy, arising from, or on account of said design and construction of improvements, and pay any and all judgments
rendered against the County on accountofany such suit, action or claim, together with all reasonable expenses
and attorney fees incurred by County in defending such suit, action or claim whether the liability, loss or
damage is caused by, or arises out of the negligence of the County or its officers, agents, employees, or
otherwise except for the liability, loss, or damage arising from the intentional torts or the gross negligence of
the County or its employees while acting within the scope of their employment. All contractors and other
employees engaged in construction of the improvements shall maintaii adequate worker's compensation
insurance and public liability insurance coverage, and shall operate in strict accordance with the laws and
regulations of the State ofColorado governing occupational safety and health.
6.0
(THERE IS NO SECTION 5)
Approval of Streets by the County: Upon compliance with the following procedures by the Applicant, streets
within a Subdivision or Planned Unit Development may be approved by the County as public roads and will
be maintained and repaired by a Homeowners Association or, in its absence, the owners of lots within the
Subdivision or Planned Unit Development.
6.1 If desired by the County, portions of street improvements may be p laced in service when completed
according to the schedule shown on Exhibit ^B," but such use and operation shall not constitute an
approval of said portions.
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6.2 County may, at its option, issue building permits for construction on lots for which street
improvements detailed herein have been started but not completed as shown on Exhibit "B," and may
continue to issue building permits so long as the progress o f work on the Subdivision or Planned Unit
Development improvements in that phase of the development is satisfactory to the County; and all
terms of this Agreement have been faithfully kept by Applicant.
6.3 Upon completion of theconstruction of streets within a Subdivision or Planned Unit Development and
the filing of a Statement of Substantial Compliance, the applicant(s) may request in writing that the
County Engineer inspect its streets and recommend that the Board ofCounty Commissioners partially
approve them. Not sooner than nine months after partial approval, the County Engineer shall, upon
request by the applicant, inspect the subject streets, and notify the applicant(s) of any deficiencies.
The County Engineer shall reinspect the streets after notification from the applicant(s) that any
deficiencies have been corrected. If the County Engineer finds that the streets are constructed
according to County standards, he or she shall recommend full approval. Upon a receipt ofa positive
unqualified recommendation from the County Engineer for approval of streets within the developmen t,
the Board of County Commissioners shall fully approve said streets as public but with private pay.
7.0 General Requirements for Collateral:
7.1 The value of all collateral submitted to Weld County must be equivalent to One -Hundred percent
(100%) of the value of the improvements as shown in this Agreement. Prior to Final Plat approval,
the applicant shall indicate which of the five types of collateral preferred to be utilized to secure the
improvements subject to final approval by the Board ofCounty Commissioners and the execution of
this Agreement. Acceptable collateral shall he submitted and the plat recorded within six (6) months
of the Final Plat approval. Ifacceptab le collateral has not been submitted within six (6) months then
the Final Plat approval and all preliminary approvals shall automatically expire. Applicant may
request that the County extend the Final Plat approval provided the cost estimates are updated and the
development plans are revised to comply with all current County standards, policies and regulations.
The improvements shall he completed within one (I) year after the FinalPlat approval (not one year
after acceptable collateral i.v submitted) unless the applicant(s) requests that this Agreement he
renewed at least thirty (30) days prior to its expiration and further provides that cost estimates for
the remaining improvements are updated and collateral is provided in the amount of One -Hundred
percent (100%) of the value of the improvements remaining to he completed. If improvements are not
completed and the agreement not renewed within these tine frames, the County, at its discretion, may
make demand on all or a portion of the collateral and take steps to see that the improvements are made.
7.2 The applicant may choose to provide for a phased development by means of designating filings of a
Planned Unit Development Final Plat or Subdivision Final Plat. The applicant would need only to
provide col lateral for the improvements in each filing as approved. The County will place restrictions
on those portions of the property that are not covered by collateral which will prohibit the conveyance
of the property or the issuance of building permits until collateral is provided or until improvements
are in place and approved pursuant to the requirements for a Request for Release of Collateral.
7.3 The applicant intends to develop in accordance with Exhibits "A" and "B."
8.0 Improvements Guarantee: The five types of collateral listed below are acceptable to Weld County subject to
final approval by the Board of County Commissioners.
8.1 An 'irrevocable Letter of Credit from a Federal or State licensed financial institution on a form
approved by Weld County. The Letter of Credit shall state at least the following:
8.1.1 The Letter of Credit shall be in an amount equivalent of One -Hundred percent (100%) of the
total value of the improvements as set forth in Section 6.0 and Exhibits "A" and "B."
8.1.2 The LetterofCredit shallprovide for payment upon demand to Weld County if the developer
has not performed the obligations specified in the Improvements Agreement and the issuer
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has been notified of such d efault.
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8.1.3 The applicant may draw from the Letter of Credit in accordance with the provisions of this
policy.
8.1.4 The issuer of the Letter of Credit shall guarantee that, at all times the unreleased portion of
the Letter of Credit shall be equal to a minimum of One -Hundred percent (100%) of the
estimated costs of completing the uncompleted portions of the required improvements, based
on inspections of the development by the issuer. In no case shall disbursement for a general
improvement item exceed the cost estimate in the Improvements Agreement (i.e., streets,
sewers, water mains and landscaping, etc.). The issuer of the Letter of Credit will sign the
Improvements Agreement acknowledging the agreement and its cost estimates.
8.1.5 The Letter of Credit shall specify that fifteen percent (15%) of the total Letter of Credit
amount cannot be drawn upon and will remain available to Weld County until released by
Weld County.
8.1.6 The Letter of Credit shall specify that the dateofproposed expiration of the Letter of Credit
shall be either the d ate of release by Weld County of the final fifteen percent (15%), or one
year from the date of Final Plat approval, whichever occurs first. Said letter shall stipulate
that, in any event, the Letter of Credit shall remain in full force and effect until after the
Board has received sixty (60) days written notice from the issuer of the Letter of Credit of
the pending expiration. Said notice shall be sent by certified mail to the Clerk to the Board
of County Commissioners.
8.2 Trust Deed upon all or some of the proposed development or other property acceptable to the Board
of County Commissioners provided that the following are submitted:
8.2.1 In the event property within the proposed development is used as collateral, an appraisal is
required of the property in the proposed development by a disinterested Member of the
American Institute of Real Estate Appraisers (M.A.I.) indicating that the value of the
property encumbered in its current degree of development is sufficient to cover One -Hundred
percent (100%) of the cost of the improvements as set forth in the Improvements Agreement
plus all costs of sale of the property.
8.2.2 In the event property other than the property to be developed has been accepted as collateral
by Weld County, then an appraisal is required of the property by a Member of the Institute
of Real Estate Appraisers (Iv1.A.l.) indicating that the value of the property encumbered in
its current state of development is suffrient to cover One -Hundred percent (100%) of the
cost of the impro vements as set forth in the Impro vements Agreement plus all costs of sale
of the property.
8.2.3 A title insurance policy insuring that the Trust Deed creates a valid encumbrance which is
senior to all other liens and encumbrances.
8.2.4 A building permit hold shall be placed on the encumbered property.
8.3 Escrow Agreement that provides at least the following:
8.3.1 The cash in escrow is at least equal to One -Hundred percent (100%) of the amount specified
in the Improvements Agreement.
8.3.2 The escrow agent guarantees that the escrowed funds will be used for improvements as
specified in the agreement and for no other purpose and will not release any portion of such
funds without prior approval of the Weld County Board of Commissioners.
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8.3.3 The escrow agent will be a Federal or state -licensed bank or Financial institution.
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8.3.4 If Weld County determines them is a default of the Improvements Agreement, the escrow
agent, upon req uest by the County, shall release any remaining escrowed funds to the County.
8.4 A surety bond given by a corporate surety authorized to do business in the State of Colorado in an
amount equivalent to One -Hundred percent (100%) of the value of the improvements as specified in
the Improvements Agreement.
8.5 A cash deposit made with the County equivalent to One -Hundred percent(100%) of the value of the
improvements.
Request for Release of Collateral: Prior to release of collateral for the entire project or for a portion of the
project by Weld County, the Applicant must present a Statement of Substantial Compliance from an Engineer
registered in Colorado that the project or a portion of the project has been completed in substantial compliance
with approved plans and specifications documenting the following:
9.1 The Engineer or his representative has made regular on -site inspections during the course of
construction and the construction plans utilized are the same as those approved by Weld County.
9.2 Test results must he submitted for all phases of this project as per Colorado Department of
Transportation Schedule for minimum materials sampling, testing and inspections found in the
Colorado Department of Transportation (CDOT) Materials Manual.
9.3 "As built" plans shall be submitted at the time the letter requesting release of collateral is submitted.
The Engineer shall certify that the project "as -built" is in substantial compliance with the plans and
specifications as approved, or that any material deviations have received prior approval from the
County Engineer.
9.4 The Statements of Substantial Compliance must be accompanied, if appropriate, by a letter of
acceptance of maintenance and responsibility by the appropriate utility company, special district or
town for any utilities.
9.5 A letter must be submitted from the appropriate Fie Authority indicating the fire hydrants are in place
in accordance with the approved plans. The letter shall indicate ifthe fire hydrants are operational and
state the results of fire flow tests.
9.6 The requirements in paragraphs 9.0 thin 9.5 shall be noted on the final construction plans.
9.7 Following the submittal of the Statement of Substantial Compliance and recommendation of approval
of the streets by the County, the applicant(s) may request release of the collateral for the projector
portion of the project by the Board. This action will be taken at a regularly scheduled public meeting
of the Board.
9.8 The request for release of collateral shall be accompanied by "Warranty Collateral" in the amount of
fifteen percent (15%) of the value of the improvements as shown in this Agreement excluding
improvements fully accepted for maintenance by the responsible governmental entity, special district
or utility company.
9.9 The warranty collateral shall be released to the applicant upon final approval by the B oard of County
Commissioners.
10.0 Public Sites and Open Spaces: When the Board ofCounty Commissioners, pursuant to a rezoning, Subdivision
or Planned Unit Development, requires the dedication, development and/or reservation of areas or sites other
than Subdivision or Planned Unit Development streets and utility easements of a character, extent and location
suitable for public use for parks, greenbelts or schools, said actions shall be secured in accordance with one of
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the following alternatives, or as specified in the Planned Unit Dev elopmen t (PUD) Plan, if any:
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10.1 The required acreage as may be determined according to the Weld County Subdivision Regulations
shall be dedicated to the County or the appropriate school di strict, fro- one of the above purposes. Any
area so dedicated shall be maintained by the County or school district.
10.2 The required acreage as determined according to Chapter 24 of the Weld County Code, may be
reserved through deed restrictions as open area, the maintenance of w hick shall be a specific obligation
in the deed of each lot within the Subdivision or Planned Unit Development.
10.3 In lieu of land, the County may require a payment to the County in an amount equal to the market
value at the time of Final Plat submission of the required acreage as determined according to Chapter
24 of the Weld County Code. Such value shall be determined by a competent land appraiser chosen
jointly by the Board and the Applicant. The cash collected shall be deposited in an escrow account
to be expended for parks ata later date.
11.0 Successors and Assigns: This Agreement shall be binding upon the heirs, executors, personal representatives,
successors and assigns of the Applicant, and upon recording by the County, shall be deemed a covenant running
with the land herein described, and shall be binding upon the successors in ownership of said land.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to he executed on theday and year
First above written,
APPLICANT:
APPLICANT:
TITLE:
Subscribed and sworn to before me this day of , 20_�
My Commission expires:
Notary Public
ATTEST: BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Weld County Clerk to the Board
BY:
Deputy Clerk to the Board
APPROVED AS TO FORM:
County Attorney
7
, Chair
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•
•
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Name of Subdivision
or Planned Unit Development
Filing
Location
EXHIBIT "A"
Peal, lia✓ic &a f a f ti
Intending to he legally bound, the undersigned Applicant hereby agrees to provide throughout this Subdivision or
Planned Unit Development the following improvements. (Leave spaces blank where they do not apply;
Improvements
Quantity
Units
Unit
Costs
Estimated Construction
Cost
Site grading
3 SQ0
C. 'I
2.00
7 N0 .0o
Street grading
'c'.r000
G Y
7 DO
00000
Street base
jI 500
TOPS
10.80
I , 000.00
Street paving
—
Curbs, gutters, and culverts
—
Sidewalk
Storm sewer facilities
—
Retention ponds
—
Ditch Improvements
—
Subsurface drainage
—
Sanitary sewers
—
Trunk and forced lines
—
Mains
—
Laterals (house connected)
—
On -site sewage facilities
—'
On -site water supply and storage
—
Water Mains (includes bore)
2, 200
L. F.
le IT
U. Coo. 0'0
Fire hydrants
Z
e'q
? 5-00 CC
j Cep a0
Survey and street monuments and boxes
'i
Fof<6
T ?P00
?co' to
Street lighting
—
Street Names
—
Fencing requirements
—
Landscaping
tan, 5A14
)5- flex
Park improvements
Road culvert
']0
L.1,
i0 -p+0
1 X00-$
Grass lined swale
—
Telephone
b ma,
Gas
14 000a
Electric
Z't' 060.00
Water transfer
/ —
SUB -TOTAL:
II 000 .i%0
Engineering and Supervision Costs S
/j Sac" c'U
(Testing, inspection, as -built plans and work in additionto preliminary and finalplat; supervision of actual construction
by contractors)
TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION S
)IS ,S6v 000
The above improvements shall be constructed in accordance with all County requirements and specifications, and
R
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conform ance with this provision shall be determined solely by Weld County, or its duly authorized agent.
Said improvements shall be completed according to the construction schedule set out in Exhibit "B."
By:
Applicant
Applicant
Title
Date: , 20
(Ifcorporation, to he signed by President and attested to by Secretary, together with corporate seal.)
41,
•
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•
Name of Subdivision
or Planned Unit Development
EXHIBIT "B"
f ea c e adeg big k
Filing
Location:
Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout this Subdivision or
Planned Unit Development the following improvements.
All improvements shall be completed within I yearsfrom the date of approval of the final plat Construction
of the improvements listed in Exhibit "A" shall be completed / as follows:
(Leave spaces blank where they do not apply.)
Improve ments
Site grading
Street base
Street paving
Curbs, gutters, and culverts
Sidewalk
Storm sewer facilities
Retention ponds
Ditch improvements
Subsurface draimge
Sanitary sewers
Trunk and forcekl lines
1
Mains �l'ilift ry wcwD
Laterals (house connected)
On -site sewage facilities
On -site water supply and storage
Water mains
Fire hydrants
Survey and street monuments and boxes
Street lighting
Street name signs
Fencing requirements
Landscaping
Park improvem ents
Road culvert
Grass lined swale
Telephone
Gas
Electric
Water Transfer
SUB -TOTAL:
Time for Completion
i Mon 11
Z Wet IC5
NA
NA
NR
10
1 Mots th
Ni?
Ni?
NR
N A-
1 Month
i Vet
Nit
NR
1 Midi
2 WEth
I ll/4
1 N�Oa,/
N n -
I wit
? %nu b
I wilt
NA
I Vet
Z L1/PC is
2 Wen d
iv VI
�h Week Illy
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The County, at its option, and upon the request of the Applicant, may grant an extension of time for completion for any
particular improvements shown above, upon a showing by the Applicant that the above schedule cannot be met.
By:
Applicant
Applicant
Title
Date: , 20
(If corporation, to be signed by President and attested to by Secretary, together with corporate seal.)
. AGREEMENT FOR IMPROVEMENTS FOR WCR 19 and MRE
ROAD STABILIZATION for Dust Control GEI
E®
THIS AGREEMENT is made and entered into this _ day of , in the year
2005, by and between Robert L. Parsons, developer of Peace Haven Estates Minor Subdivision,
hereinafter referred to as "Developer", with an address
Weld County Colorado, and the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County, Colorado, hereinafter referred to as "County," with
offices located at 915 - 10th Street, Greeley, Colorado 80631.
•
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WITNESSETH:
Weld Cuunty ph.,
GREELEV OFFLCEpat,
MAY 1 7 2005
WHEREAS, the Developer has obtained approval for a Subdivision Final Plat for 8
(eight) lots for Peace Haven Estates Minor Subdivision, hereinafter referred to as the
"Development," and
WHEREAS, WCR 19 from SH 14 to WCR 84, and WCR 84 Development frontage
hereinafter referred to as 'the Road", will need ROAD STABILIZATION for dust control, in part,
due to the increased traffic generated by the Development, a distance of approximately
1.3- miles, and
WHEREAS, WCR 84 abuts a portion of Peace Haven Estates Minor Subdivision, 8
(eight) of the lots will need WCR 19 and WCR 84 for access to the Development, and
WHEREAS, Peace Haven Estates Minor Subdivision, requires WCR 19 and WCR 84
and will constitute 44 percent participation for the Road based on a current traffic count of 100
aadt, and
WHEREAS, the proportional costs of STABILIZATION for the Road attributable to the
traffic generated by the lots in the Development using the Road, is estimated to be $4,566 per lot.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties hereto agree as follow:
1. TERM
A. The term of this Agreement shall be from the date first written above to
the completion of STABILIZING the Road and final accounting by County
and payment of all land development charges by the Developer for the 8
(eight) lots accessing the Road, or five years if WCR 19 and WRC 84 are
not STABILIZED.
2. OBLIGATIONS OF THE COUNTY
A. Weld County shall STABILIZE the road, within five years of the date first
written above, the Road at a current estimated cost of $62.000 per mile.
The stabilization improvements are anticipated to be for two 13 foot travel
M WLMMINO— O¢VLLOVMLNr0.rVILNV (m. .of Zane (Z.C/. P/. M/. AMY/IMW/.IOIf I`eeeellem l.I.I..Mmm.,o a,,,, Rew Chimp) ep0.¢ eRemmeKK
Page 1 of 5 /!
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lanes designed in accordance with generally accepted engineering
practices but the actual design shall be at the discretion of Weld County.
B. Design, construction, and maintenance of this portion of Road shall be the
responsibility by the County.
C. County or Developer must STABILIZE the roads within five years of the
date first written above or forfeit all rights to land development charges,
which are the obligation of the Developer whether already in escrow or
remaining to be paid.
D. Weld County shall perform a final accounting once STABILIZATION is
complete and may collect from the escrow account (or from the developer
if the amount in the escrow is insufficient to satisfy developers obligation)
up to 44 percent of the total cost of STABILIZING WCR 19 and WCR 84. If
additional traffic is generated prior to STABILIZING WCR 19 and WCR 84,
such that the percentage of traffic generated by the development is less
than 44 percent, the County shall adjust the percentage charged to the
developer proportionately. Any amount which must be collected from the
developer, which is not paid within 45 days of final accounting, shall
assessed interest in the amount of 8 percent per annum.
3. OBLIGATION OF THE DEVELOPER
A. Developer agrees to pay the amount of $4,566 per each lot accessing the
Road. The actual amount shall be determined in accordance with
paragraph 2.D.
B. The Developer agrees to escrow monies as follows at the sale of the first
lot $4,566, at the sale of the second lot $4,566, at the sale of the third lot
$4,566, at the sale of the fourth lot $4,566, at the sale of the fifth lot
$4,566, at the sale of the sixth lot $4,566, at the sale of the seventh lot
$4,566, at the sale of the eighth lot $4,566. The escrow account shall be
set up according to paragraph 4 herein.
C. The Developer shall not be released from this obligation unless County
does not STABILIZE the road within the time frame set forth in paragraph
2.C. herein. In no event shall Developer's obligation under this Agreement
exceed $36,528 subject to adjustment to a higher or lower figure from the
first quarter of 2005 to the year and quarter in which the contemplated
work is being performed based on "The State Highway Bid Price index
contained in the "Quarterly Cost report" of The Engineering News -Record
as published by The McGraw-Hill Companies.
4. ESCROW AGREEMENT, the terms of which will be subject to review by the
County that provides at least the following:
MwlM'XIXU-DEVEWVMFNT unrwz-Cn.,,.mzee.rz.czra.M7.AMPZ}wi.IG11 P.m I1.v.. FrvinMl.e. 6.h iie.(mne Ching.) el5mIngreemenbea
Page 2 of 5
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A. The cash in escrow when fully funded is $36,528.
B. The escrow agent guarantees that the escrowed funds will be disbursed
according to the terms of this agreement and will not release any portion
of the funds without prior written approval of the Weld County Board of
County Commissioners.
5. SEVERABILITY
If any term or condition of this Agreement shall be held to be invalid, illegal, or
unenforceable, this Agreement shall be construed and enforced without such
provision to the extent that this Agreement is then capable of execution within the
original intent of the parties hereto.
6. NO THIRD PARTY BENEFICIARY ENFORCEMENT.
It is expressly understood and agreed that the enforcement of the terms and
conditions of this Agreement, and all rights of action relating to such
enforcement, shall be strictly reserved to the undersigned parties and nothing in
this Agreement shall give or allow any claim or right of action whatsoever by any
other person not included in this Agreement. It is the express intention of the
undersigned parties receiving services of benefits under this Agreement shall be
an incidental beneficiary only.
7. MODIFICATION AND BREACH
This Agreement contains the entire agreement and understanding between the
parties to this Agreement and supersedes any other agreements concerning the
subject matter of this transaction, whether oral or written. No modification,
amendment, notation, renewal, or other alteration of or to this Agreement shall be
deemed valid or of any force or effect whatsoever, unless mutually agreed upon in
writing by the undersigned parties. No Breach of any term, provisions, or clause
of this Agreement shall be deemed waived or excused, unless such waiver or
consent shall be in writing and signed by the party claimed to have waived or
consented. Any consent by any party hereto, or waiver of, a breach by any other
party, whether express or implied, shall not constitute a consent to waiver of, or
excuse for any other different or subsequent breach.
8. NO WARRANTY.
Neither County nor Developer, by virtue of their entering into this Agreement and
upon their promises to perform the work described herein, make warranties, either
express or implied, that the improvement work and/or maintenance of these roads
meet standards other than those generally required for counties and cities of the
size and type similar to County.
uvuxxmo-UevuoPMFNT REvIewu.a..a=erz... (z.cx. w.Mz. AMP/PAII•1023 n...n..m m14i.1 meere.naee.. (”re R•.enemu..®e.m.Lme
Page 3 of 5
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9. BINDING
This agreement shall be binding on the heirs, successors, and assigns of the
parties.
IN WITNESS WHEREOF the parties hereto have signed this Agreement this day
of , 2005.
BY:
Developer
ATTEST: BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Chair,
BY: Weld County Clerk to the Board
Deputy Clerk to the Board
APPROVED AS TO FORM:
County Attorney
M.NV.NNINO- OEVELOPMFNT PEVIEW2Ch. ivr Zan 1L.C2. VI. M2.•MW.1W21O25Peu.r110.1!mlee Mlnn. EYEJinoen 'Zen' chug.) eILsIeepem.Lbe
Page 4 of 5
Cost Estimating for Offsite Improvements Agreement
Weld County Road 19 & 84 stabilization for 1.3 -miles.
Two 13 -foot lanes = 26 -feet.
16 -May -2005 PAS
Weld County Public Works Dept.
Material
Street Grading
Street Base (Class 6)
Chemical Stabilization
(DC2000)
one -mile
estimate
one -mile I 44%
Quantity Units
Cost per Unit
Total Cost
Percent Cost
2,542 ydA3
$2.60 ydA3
$6,609.20
$2,875.19
2,542 ydA3
$15.00 ydA3
$38,130.00
$16,587.63
15,253 yd^2
$1.00 yd^2
$15,253.00
$6,635.49
Engineering & Supervision Costs (fixed)
$2,000.00 $2,000.00
Grand Total =I $61,992.201 $28,098.301 =°/0 Total
For 1.3 -mile = $36,528
Estimate of Quantities
Material
Length
feet
Width Depth
feet feet
Area
ft^2
Area
yd^2
Volume
ft^3
Volume
ydA3
Weight
ton
Street Grading 5,280 26 0.5
Class 6 5,280 26 0.5
Chemical
5,280 26 - 137,280 15,253
68,640 2,542
68,640 2,542
Proportional Share
Applicant (adt}
77
Current (aadt)
100
Percentage Participation
44%
•
w.nxxmo- DEVELOPMENT xemCxv d.yorzn..rz.a,mnz AMPZRAZ.ion Peace n....uwi..Mnws.me:.(Zane Cluny) em.i..romrade,
Page 5 of 5
32'
RD
60'
ROW
•
ENTRYWAY SURFACE
- - - BUS TRACK
GRAPHIC SCALE
0 25 50 100
(NFEET )
1 Inch on 50 ft.
•
•
OUTSIDE BUS
TRACK
INSIDE BUS TRACK
SUBDIVISION
IDENTIFICATION
SIGN
zz-PROPOSED
SUBDIVISION
! ROAD
28'
100'
1
w
CI_Z
a
(no
w
Z
I I
/ I
/ I
, 1
/
/ I
!
1-
o(n�
7m Z
CY
D
N
N
PEDESTRIAN
SHELTER
SUBDIVISIO
MAIL BOX
U77
EXISTING COUNTY ROAD
OTYPICAL SUBDIVISION ENTRYWAY DETAIL
(Bus TURNAROUND, MAIL DELIVERY AREA AND
LANDSCAPE MEDIAN WITH IDENTIFICATION SIGN)
NOTE: TURNING RADII ARE BASED ON A 8-40 TEMPLATE.
PEACE HAVEN MIIe SUB %Developer: Robert Parsons
MZ-1025 (Change of Zone from Ag to Estate) Planner: Sheri Lockman
PT NW4 10-7-67
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ZONED ESTATE
IS NOT IN FLOOD PLAIN (0465D)
IS NOT IN STORM WATER PROJECT AREA
RIF AREA #1
NORTH WELD COUNTY WATER DISTRICT
ENGINEERED INDIVIDUAL SEPTIC SYSTEMS
NATURAL GAS - XCEL ENERGY
POUDRE VALLEY REA
QWEST COMMUNICATIONS
WINDSOR/WELD DISTRICT RE -4
POUDRE FIRE AUTHORITY
-Ate /C7 G0LLIAJ3 ,20 • 5z/4 -
STANDARD ESTATE ZONE BULK REQUIREMENTS
8 ESTATE -ZONED LOTS
Lot 1
9223 Peace Haven -Drive tk/AA/
Lot 2
9219 Peace Haven Drive VIM
Lot 3
9215 Peace Haven Drive W,N
Lot 4
9211 Peace Haven Drive VAV
Lot 5
Haven Drive
9207 Peace vaVY
Lot 6
9204 Peace Haven -Brake Way
Lot 7
9214 Peace Haven
,Drive vviLW
Lot 8
9224 Peace Haven Drive WAY
Lin Dodge, Building Tech
• 4/18/05
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ce:it
1
C.
COLORADO
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DEPARTMENT OF PLANNING SERVICES
BUILDING INSPECTION
NORTH OFFICE
918 10TH STREET
GREELEY, COLORADO 80631
PHONE (970) 353-6100, EXT.3540
FAX (970) 304-6498
April 18, 2005
TO: Sheri Lockman, Planner
FROM: Lin Dodge, Building Tech
RE: REFERRAL NOTES FOR MZ-1025 — Peace Haven Minor Sub
1. Please reference Weld County Ordinance 2003-6, the Weld County Code
Ordinance 2003-6 (Addressing Code) Section 2-13-70, H -1-g-6 which
suggests cul-de-sacs running north and south to be named "Way". I find
no duplications for either Peace Haven Drive or Peace Haven Way,
therefore, have no objections to "Drive".
• EDUL :ATION FOR LIFE
WIW)SOR
•
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Ma; 18.2005
Wel 1 County Planning Staff
918 10`" Street
Ore ley, CO 80631
RE. Minor Subdivision Rezone — Case # MZ 1025 (Peace Haven Estates)
Brian L
Superintendent Oft=
We lave reviewed the information regarding the above named project. Following are our
con ments related to the proposed plan:
The entryway detail with median and pedestrian shelter is acceptable as shown
The cash in lieu of land dedication fees shall be received by the school district
prior to the recording of the final plat
Bus pickup will occur in the designated area as shown on the a tryw ay detail
Entryway will be stabilized with recycled asphalt or pavement. Bus service may
be suspended or alternate pickup on the county road if the interior roadways are
not maintained to a condition to support the bus turnaround.
Ass nning these conditions are met, this will satisfy the district requirements related to
this referral.
Sin( erely,
Brier n L. Lessman
Sup wintendent of Schools
WELD COUNTY SCHOOL DISTRICT RE -4
THE WATER SUPPLY AND STORAGE COMPANY
•
February 28, 2007
P.O. BOX 1584
2319 E. Mulberry Street
FORT COLLINS, COLORADO 80522-1584
The Weld County Dept. of Planning Services
918 10th Street
Greeley, CO 80631
Re: Project: Peace Haven Estates, Minor Subdivision Change of Zone from A to E
Lot B of RE -3358; Pt NW4 of Section 10, T7N, R67W of the 6th P.M.
We are in negotiation with the developer of this project with respect to the right-of-way
for the Larimer County Canal, surface drainage impacts to that canal, outflow from the
detension facilities being designed and so on.
We expect to have an agreement in place with the developer prior to approval of the final
plat by Weld County.
•
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Dennis J. Harmon
General Manager
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THE WATER SUPPLY AND STORAGE COMPANY
P.O. BOX 1584
2319 E. Mulberry Street
FORT COLLINS, COLORADO 80522-1584
February 19, 2007
The Weld Co. Dept. of Planning Services
918 10th Street
Greeley, CO 80631
Re: Project: Peace Haven Estates, Minor Subdivision Change of Zone from A to E
Lot B of RE -3358; Pt NW4 of Section 10, T7N, R67W of the 6th P.M.
We have not yet had the opportunity to see or review detailed construction drawings.
Therefore we are unable to determine whether the right-of-way provided for the ditch is
adequate and accurately located and whether other potential impacts to the ditch are
being dealt with or mitigated to an acceptable level.
From our standpoint, the construction of the project will necessitate the preparation by
the developers of engineered plans at the appropriate time which will reflect construction
details for all proposed facilities including, but not limited to, drainage facilities and
structures, roads, paths and fences, ditch crossings for utilities, bridges and so on which
may impact our ditch or ditch easement. We will reserve the right to have those plans
reviewed and approved to our satisfaction and will require the developers to construct
those improvements in accordance with the approved plans before we give final approval
to the project.
We request that final approval by Weld County be conditioned upon our approval of the
engineered plans and construction details as described above.
Thank you for providing notice to us for the filing of the application and the status of
your review. Please continue to keep us informed as the application proceeds through
your process.
If you have questions, please do not hesitate to contact us.
Dennis J. Harmon
General Manager
cc: Jeff Crowley
rr_c - Min
•
4'
PROPOSED SIGN
NIS
DESCRIPTION OF SEWAGE DISPOSAL SYSTEM
•
Peace Haven Estates will utilize Individual Sewage Disposal Systems (ISDS) as the method of
sewage disposal. There are no public sewage disposal systems in this area. One ISDS is proposed
for each residential lot Each system will engineered separately based on the conditions of the
individual lot The soils investigation indicates that percolation rates for soil types within the
subdivision are adequate to support this type of sewage disposal system.
•
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• •
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FINAL DRAINAGE REPORT AND PLAN
FOR
PEACE HAVEN ESTATES
Prepared for:
Mr. Robert Parsons
Project Number: 942-0401
October 5, 2006
Prepared by:
Mr. Jeff Couch, P.E.
TEAM Engineering
3468 Shallow Pond Drive
Fort Collins, Colorado 80528
(970) 231-9937
*TABLE OF CONTENTS
Description
LETTER OF TRANSMITTAL
TABLE OF CONTENTS
I GENERAL LOCATION AND DESCRIPTION
A. Location
B. Description of Property
II DRAINAGE BASINS AND SUB -BASINS
A. Major Basin Description
B. Sub -Basin Description
III DRAINAGE DESIGN CRITERIA
A. Development Regulations and Criteria Reference
B. Development Constraints
C. Hydrological Criteria
• IV DRAINAGE FACILITY DESIGN
A. General Concept
B. Specific Details
V EROSION CONTROL
A. General Concept
VI CONCLUSIONS
A. Compliance with Standards
B. Drainage Concept
C. Recommendations
VII REFERENCES
•
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Page 1 of 1
Shed Lockman
From: Lee Morrison
Sent: Thursday, April 14, 2005 3:51 PM
To: Sheri Lockman
Subject: RE: Peace Haven MZ-1025
agreement OK
L
the, D. tsloivir.
Assistant Weld County Attorney
Greeley, CO 80632
915 10th St., PO Box 758
(970) 356-4000 x 4395: FAX 352 0242
This e-mail contains confidential and/or privileged information. If the reader is not the intended recipient, please reply and
delete your copy of this message."
From: Sheri Lockman
Sent: Thursday, April 14, 2005 10:43 AM
To: Lee Morrison
Cc: Bruce Barker
Subject: Peace Haven MZ-1025
Sorry to ask again but today is the last day that I can keep Peace Haven on the June 7th agenda. Can you take
a look at the water agreement?
04/14/2005
• •
•
I
TABLE OF CONTENTS (CONTINUED):
EXHIBITS
Vicinity Map
Existing Conditions Exhibit
Proposed Conditions Exhibit
APPENDIX I
Drainage Calculations
APPENDIX II
Charts, Graphs, Figures and Details
111
L General Location and Description:
• A. Location
1. The proposed Peace Haven Minor Subdivision is located in the Northwest Quarter of
Section 10, Township 7 North, Range 67 West of the 6th P.M. in Weld County, Colorado.
2. The site is specifically located at the southeast side of the intersection of Weld County
Road #19 and Weld County Road #84. (Refer to the included Vicinity Map.)
3. Weld County Road #84 borders the site to the north. The Larimer County Canal
traverses along the southern edge of the property. The east side of the property is bound by
Weld County Road #19. To the west lies vacant area and farmland.
B. Description of property
1. The Peace Haven Minor Subdivision property consists of approximately 49.16 acres that
is currently vacant.
a. The eastern portion of the property is currently used as non -irrigated farmland,
with wheat being the predominate crop.
I
•
b. The western portion of the site is vacant and existing ground cover is made up of
native weeds and grasses.
2. The "Soil Survey of Weld County, Colorado" prepared by the U.S. Department of
Agriculture, Soil Conservation Service, indicated that the surface soils consist of "Renohill
Clay Loam and Olney Fine Sandy Loam."
a. The Renohill soil type is described as a deep, well -drained soil that formed in
residuum from shale. The "Soil Survey" identifies the surface runoff potential as
medium to rapid, and the hazard of erosion as moderate.
b. The soil typical of the Olney series is described as a deep, well -drained soil that
formed in mixed outwash deposits. The "Soil Survey" identifies the surface runoff
potential as medium and the hazard of erosion as low.
3. The site is generally considered moderately sloped, with slopes ranging from 2% to 7%.
4. The proposed subdivision development will consist of eight (8) single family residential
lots, ranging in size from 4 to 9.5 acres. A proposed 20 -foot wide gravel road called "Peace
Haven Drive" will provide access to the development from Weld County Road 84.
1
H. Drainage Basins and Sub -basins:
•
•
A. Major Basin Description
1. The property lies within a large drainage basin that drains from north to south into the
Larimer County Canal. The basin extends north to the Poudre Valley Canal and stretches
west to the Catus Hill Lateral. The Larimer County Canal connects with the Pierce Lateral
on the west side of Black Hollow Reservoir.
. 2. The site is not located within a designated flood way or flood plain.
B. Sub -basin Description
1. The historic drainage pattern of the property flows from northeast to southwest. Runoff
is directed to the Larimer County Canal at the south edge of the site.
2. A bridge is located approximately 200 feet south of the intersection of Weld County Road
19 and Weld County Road 84 that crosses over the Larimer County Canal.
3. It appears that during a major storm event the property would receive off -site runoff from
the area to the north. This off -site area comprises approximately 26.5 acres of undeveloped
land on the northeast side of Weld County Road 84 and Weld County Road 19. Runoff from
this area drains in a northeast to southwest direction and then west along the north side of
Weld County Road 84. Drainage concentrates at the intersection of Weld County Road 19
and Weld County Road 84 and would seem to overtop the roadway during a large storm
since no culvert is installed at the intersection. Based on the Drainage Calculations presented
in this report, an estimated 45.2 c.f.s. drains onto the property from this area during a 100 -
year storm. The off -site flow spills over Weld County Road 84 and crosses through the
northwest corner of the site before emptying into the Larimer County Canal.
4. The site is identified on the Existing Drainage Exhibit as Sub -Basin 'A'. The sub -basin
produces approximately 12.9 c.f.s. during the 5 -year storm and 79.1 c.f.s. during the 100 -
year storm.
III. Drainage Design Criteria:
•
A. Development Regulations and Criteria Reference
1. Drainage design requirements from the Weld County Code (Section 24) was utilized.
Since Weld County does not publish technical data or storm drainage design manuals, certain
technical and design criteria comes from the Urban Storm Drainage Criteria Manual.
B. Development Constraints
1. The historic drainage pattern of the site will be maintained. The proposed grading will
conform with the existing slope and grades as closely as possible.
2
•
•
2. The drainage impact of this site will not adversely affect roads or utilities.
C. Hydrological Criteria
1. The Rational Method was used for determining peak flows at various concentration
points. The Rainfall Intensity -Duration -Frequency Curve for Windsor, Colorado was utilized.
a. In calculating the time of concentration for the proposed conditions, the same
equation for the undeveloped conditions was used since the developed conditions
apply to more densely populated urban conditions.
b. The Hydrological Classifications for the on -site soils are both Type 'B' and Type
'C'. The Type 'C' was used in peak runoff calculations to produce a more
conservative drainage design.
2. Section 24 of the Weld County Code calls for the initial and major storm design
frequencies of 5 and 100 -years.
a. The peak runoff rates for the property and off -site area were calculated using the 5
and 100 -year rainfall intensities.
3. The contents in the tables, charts, and figures presented in this report, come from the
Urban Storm Drainage Criteria Manual. These diagrams facilitated in the drainage design
calculations.
IV. Drainage Facility Design:
•
A. General Concept
1. Surface runoff from the proposed street area and residential lots will flow overland and
empty into the Larimer County Canal in the same pattern as during the existing conditions.
B. Specific Details
1. The Proposed Drainage Exhibit identifies the site as Sub -Basin 'A', which produces
approximately 19.3 c.fs and 87.3 c.f.s. during the 5 and 100 -year storms.
a. The proposed gravel drive will have a high point located at the center of the
eyebrow in the road. Stormwater draining to the east side of Peace Haven Drive will
be conveyed in a roadside ditch. Runoff in the ditch north of the high point will drain
toward Weld County Road 84. A proposed Corrugated Metal Pipe (CMP) culvert
will be installed to pass flow to the west side of Peace Haven Drive.
b. As the roadside ditch extends south from the high point, it will wrap around the
south end of the cul-de-sac and continue in a drainage swale along the lot line
between Lot 5 and Lot 6. The swale will discharge into the Larimer County Canal at
3
es •
•
•
V.
•
the southeast corner of Lot 5.
c. CMP driveway culverts will be required for Lots 6, 7, and 8. The minimum
culvert diameter is 15 inches. Runoff on the west side of the proposed drive will
drain southwesterly and will not require driveway culverts for Lots 1, 2, 3, 4, and 5.
2. The off -site runoff draining through the northwest corner of the site will not be a major
issue once the subdivision is completed.
a. During a large storm event, the off -site flow will spill onto the northwest corner of
Lot 1, which is 8.27 acres, and continue south to the Larimer County Canal as it does
historically.
b. The residential development of Lot 1 will mainly occur on the east side of the lot
near the access drive and will be unaffected by the off -site drainage.
3. The development of the property will result in an increase of the overall imperviousness
from 2.49% to 15.87%.
a. The large increase in imperviousness, and subsequent increase in runoff, results
from considering the entire residential lot areas at 15% impervious. In reality, a
majority of the larger acre lots will remain undeveloped.
b. The proposed development will nevertheless produce more runoff to a certain
degree, however, detention or stormwater quality facilities would not be a practical or
even feasible concept for this property. Routing flows over such a large area to a
detention or stormwater quality pond would be a major undertaking since runoff
flows overland uniformly and does not concentrate a specific points. The long
overland flow path to the canal will act as a "buffer" to promote filtration,
infiltration, and settling of sediment to reduce runoff pollutants.
c. A small berm on the north side of the Larimer County Canal may be constructed if
sediment and pollutant runoff from the proposed subdivision entering the canal is a
concern. This "check dam" made of 4-6 inch diameter rock would force infiltration
and filtration of stormwater before it drains into the canal. Figure C-21 from the
Urban Storm Drainage Criteria Manual shows a detail of this type of structure and is
included in the Appendix Section of this report.
Erosion Control:
A. General Concept
1. Erosion control considerations have been made based upon the short term, during
construction activities, and the long term, when development of the subdivision is complete.
2. The long term measures incorporated to eliminate erosion are the anticipated methods and
4
•
materials to be used to provide the ground surface covering at the driveways and the
landscaped areas. The residential structures and surrounding hard -surfaced areas will provide
a deterrent to erosion. The establishment of pasture, lawns and the combination of landscape
plantings and ground covers will aid in deterring erosion.
3. The recommended short term erosion control method to be incorporated into the
construction requirements for the project is the placing of sediment control devices such as
"Silt Fencing" and "Straw Bale Dikes". These are being recommended in order to prevent
debris and sediment from flowing from the areas disturbed by construction activities onsite to
• the adjacent Larimer County Canal.
4. Wind erosion control measures have not been recommended for the site. It is anticipated
that the disturbed area will be open and subject to wind action for an extremely short time. If
blowing dust is a problem, a combination of surface roughening and water application is to be
used to control the dust.
VI. Conclusions:
A. Compliance with Standards
1. All drainage design conforms to the requirements of Weld County Code Section 24.
2. Proposed erosion control measures conform to the recommendations presented in Volume
III of the Urban Storm Drainage Criteria Manual and generally accepted erosion control
procedures.
B. Drainage Concept
1. This drainage design and sketch plan report for the Peace Haven Minor Subdivision is
considered preliminary. The final drainage report will update these concepts and present the
final design details for the necessary drainage improvements.
•
•
C. Recommendations
1. A roadside ditch and driveway culverts will be required to route stormwater from the east
side of Peace Haven Drive.
2. A proposed CMP culvert will be required at the crossing of Peace Haven Drive with Weld
County Road 84.
3. Erosion control measures will be incorporated during the construction activities to deter
erosion and sediment from being deposited into the adjacent Larimer County Canal.
4. The off -site runoff that travels through the site historically will not pose a threat to the
residential structures in the proposed subdivision.
5
•
5. The development of the property will result in an increase of runoff however, stormwater
detention is not recommended at this time.
VII. References:
A. "Urban Storm Drainage Criteria Manual", Updated 2001.
B. "Weld County Code, Section 24-7-110", Current Revision.
C. "Soil Survey of Southern Weld County Area, Colorado", United States Department of
Agriculture, September 1980.
•
•
6
•
S
•
•
•
I
,
\.(
•
•
Scale: 1" = 2000'
VICINITY MAP
� RESERVOIR
5066
PEACE HAVEN MINOR SUBDIVISION
Located in the Northwest 34 of Section 10,
Township 7 North, Range 67 West of the
6th P.M. in Weld County, Colorado.
25
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WELD
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COLORADO
UNINCORPORATED AREA
PANEL 475 OF 1075
(SEE MAP INDEX FOR PANELS NOT PRINTED)
COMMUNITY -PANEL NUMBER
080266 0475 C
MAP REVISED:
SEPTEMBER 28, 1982
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•
•
•
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1-4
' •
U _
CALCULATION OF A PEAK RUNOFF USING RATIONAL METHOD
Project Title:
Catchment ID:
PEACE HAVEN MINOR SUBDIVISION
EXISTING OFF -SITE BASIN (MINOR STORM)
I. Catchment Hydrologic Data
Catchment ID = OFF -SITE
Area = 26.50 Acres
Percent Imperviousness = 2.00 %
NRCS Soil Type = C A, B, C, or D
11. Rainfall Information I (inch/hr) = C1 * P1 /(C2 + Td)^C3
Design Storm Return Period, Tr =
C1 = 28.50
C2= 10.00
C3=
P1=
5 years
0.786
1.30 inches
(input return period for design storm)
(input the value of C1)
(input the value of C2)
(input the value of C3)
(input one -hr precipitation —see Sheet "Design Info")
III. Analysis of Flow Time (Time of Concentration) for a Catchment
Runoff Coefficient, C = 0.16
Overide Runoff Coefficient, C = (enter an overide C value if desired, or leave blank to accept calculated C.)
5-yr. Runoff Coefficient C-5 = 0.16
Overide 5-yr. Runoff Coefficient, C = (enter an overide C-5 value if desired, or leave blank to accept calculated C-5.)
Illustration
Short
Pasture/
Lawns
Nearly
Bare
Ground
NRCS Land
Type
Heavy
Meadow
Conveyance
Calculations:
2.5
Tillage/
Field
LEGEND
O Beginning
Flow Diction
Catchment
Bedary
Grassed
Swales/
Waterways
Paved Areas &
Shallow Paved Swales
(Sheet Flow)
20
Reach
Slope
Length
5-yr
NRCS
Flow
Flow
ID
S
L
Runoff
Convey-
Velocity
Time
Coeff
ance
V
Tf
ft/ft
ft
C5
fps
minutes
input
input
output
input
output
output
Overland
0.0310
500
0.16
0.32
26.04
1
0.0310
800
5.00
0.88
15.15
2
3
4
5
Computed Tc =
oe.a..—r Tr. =
41.18
Sum 1,300
17 72
Peak Runoff Prediction using Computed Tc
Rainfall Intensity at Tc, I = 1.68 inch/hr
Peak Flowrate, Qp = 7.27 cfs
ediction using Regional Tc
Rainfall Intensity at Tc, I =
Peak Flowrate, Qp =
2.76 inch/hr
11.94 cfs
Page 1
CALCULATION OF A PEAK RUNOFF USING RATIONAL METHOD
Project Title:
Catchment ID:
PEACE HAVEN MINOR SUBDIVISION
EXISTING OFF SITE BASIN (MAJOR STORM)
I. Catchment Hydrologic Data
Catchment ID = OFF -SITE
Area = 26.50 Acres
Percent Imperviousness = 2.00 %
NRCS Soil Type = C A, B, C, or D
II. Rainfall Information I (inchlhr) = C1 • P1 l(C2 + Td)AC3
Design Storm Return Period, Tr = 100 years
C1 = 28.50
C2= 10.00
C3= 0.786
P1= 2.60 inches
(input return period for design storm)
(input the value of C1)
(input the value of C2)
(input the value of C3)
(input one -hr precipitation —see Sheet "Design Info")
III. Analysis of Flow Time (Time of Concentration) for a Catchment
Runoff Coefficient, C = 0.51
Overide Runoff Coefficient, C = (enter an overide C value if desired, or leave blank to accept calculated C.)
5-yr. Runoff Coefficient, C-5 = 0.16
Overide 5-yr. Runoff Coefficient, C = (enter an overide C-5 value if desired, or leave blank to accept calculated C-5.)
Illustration
Short
Pasture/
Lawns
Nearly
Bare
Ground
LEGEND
O Beghmang
Flow Direction
E--
Catchatent
neundary
NRCS Land
Type
Heavy
Meadow
Conveyance
IV.
Calculations:
2.5
Tmllagel
Field
5
7
10
Grassed
Swales/
Waterways
15
Paved Areas &
Shallow Paved Swales
(Sheet Flow)
20
Reach
Slope
Length
5-yr
NRCS
Flow
Flow
ID
S
L
Runoff
Convey-
Velocity
Time
Coeff
ance
V
Tf
ft/ft
ft
C-5
fps
minutes
input
input
output
input
output
output
Overland
0.0310
500
0.16
0.32
26.04
1
0.0310
800
5.00
0.88
15.15
2
3
4
5
Sum 1,300
Computed Tc =
41.18
Peak Runoff Prediction using Computed Tc
Rainfall Intensity at Tc, I = _. - 3.36 inch/1.1r
Peak Flowrate, Qp = 45.19 cfs
Regional Tc = 17.22
eduction using Regional Tc
Rainfall Intensity at Tc, I =
Peak Flowrate, Qp =
5.52 inchlhr
74.22 cfs
nc.
Page 2
CALCULATION OF A PEAK RUNOFF USING RATIONAL METHOD
Project Title:
Catchment ID:
I. Catchment Hydrologic Data
PEACE HAVEN MINOR SUBDIVISION
EXISTING OFFSITE BASIN (MAJOR STORM)
Catchment ID = OFF -SITE
Area = 26.50 Acres
Percent Imperviousness = 2.00 %
NRCS Sal Type = C A, B, C, or D
II. Rainfall Information I (inch/hr) = C1 " P1 /(C2 + Td)"C3
Design Storm Return Period, Tr = 100 years (input return period for design storm)
C1 = 28.50 (input the value of Cl )
C2= 10.00 (input the value of C2)
C3= 0.786 (input the value of C3)
p1= 2.60 inches (input one -hr precipitation —see Sheet "Design Info")
M. Analysis of Flow Time (Time of Concentration) for a Catchment
Runoff Coefficient, C =
Overide Runoff Coefficient, C =
5-yr. Runoff Coefficient, C -S =
Overide 5-yr. Runoff Coefficient, C =
0.51
(enter an overide C value if desired, or leave blank to accept calculated C.)
0.16
(enter an overide C -S value if desired, or leave blank to accept calculated C-5.)
Illustration
Heavy
Meadow
Tillage/
Field
Short
Pasture/
Lawns
Nearly
Bare
Ground
NRCS Land
Type
N.
Conveyance
Calculations:
2.5
LEGEND
O Bening
Flew Direction
Catchment
Damdary
Grassed
Swales/
Waterways
Paved Areas &
Shallow Paved Swales
(Sheet Flow)
20
Reach
Slope
Length
5-yr
NRCS
Flow
Flow
ID
S
L
Runoff
Convey-
Velocity
Time
Coeff
ance
V
Tf
ft/ft
ft
CS
fps
minutes
input
input
output
input
output
output
Overland
0.0310
500
0.16
0.32
26.04
1
0.0310
800
5.00
0.88
15.15
2
3
4
5
Sum 1,300
Computed Tc =
41.18
7.
Regional Tc = 1
Peak Runoff Prediction using Computed Tc
Rainfall Intensity at Tc, I = 3.36 inch/hr
Peak Flowrate, Qp = 45.19 cfs
ediction using Regional Tc
Rainfall Intensity at Tc, I =
Peak Flowrate, Qp
5.52 inch/hr
74.22 cfs
Page 2
•
Area -Weighting for Runoff Coefficient Calculation
Project Title:
Catchment ID:
•
•
PEACE HAVEN MINOR SUBDIVISION
EXISTING SUB -BASIN 'A'
Illustration
LEGEND:
Flow Direction
Catchment
Boundary
Instructions: For each catchment subarea, enter values for A and C.
Subarea
Area
Runoff
Product
ID
acres
Coeff.
A
C.
CA
input
input
input
output
Gravel
0.63
40.00
25.20
Undev.
48.53
2.00
97.06
sum: 49.16 sum: l 122.26
Area -Weighted Runoff Coefficient (sum CA/sum A) = 2.49
*See sheet "Design Info" for inperviousness-based runoff coefficient values.
Page 3
CALCULATION OF A PEAK RUNOFF USING RATIONAL METHOD
Project Title:
Catchment ID:
PEACE HAVEN MINOR SUBDMSION
EXISTING SUB -BASIN 'A' (MINOR STORM)
I. Catchment Hydrologic Data
Catchment ID = A'
Area =
Percent Imperviousness =
NRCS Soil Type =
49.16 Acres
2.49 %
C A, B, C, or D
II. Rainfall Information I (inch/hr) = C1 * P1 /(C2 + Td)"C3
Design Storm Return Period, Tr =
C1 = 28.50
C2= 10.00
C3= 0.786
P1=
5 years
1.30 inches
(input return period for design storm)
(input the value of C1)
(input the value of C2)
(input the value of C3)
(input one -hr precipitation —see Sheet "Design Info")
III. Analysis of Flow Time (Time of Concentration) for a Catchment
Runoff Coefficient, C = 0.17
Overide Runoff Coefficient, C = (enter an overide C value if desired, or leave blank to accept calculated C.)
5-yr. Runoff Coefficient, C -S = 0.17
Overide 5-yr. Runoff Coefficient, C = (enter an overide C-5 value if desired, or leave blank to accept calculated C-5.)
Illustration
Grassed
Swales/
Waterways
Paved Areas &
Shallow Paved Swales
(Sheet Flow)
NRCS Land
Type
IV.
Conveyance
Calculations:
Heavy
Meadow
2.5
Tdfage/
Field
Short
Pasture/
Lawns
Nearly
Bare
Ground
10
15
20
Reach
Slope
Length
5-yr
NRCS
Flow
ID
S
L
Runoff
Convey-
Time
Coeff
ance
V
Tf
ft/ft
ft
C-5
fps
minutes
input
input
output
input
output
output
Overland
0.0293
500
0.17
0.32
26.44
1
0.0293
970
5.00
0.86
18.89
2
3
4
5
Computed Tc =
_
45.33
Sum 1,470
lonal Tc = 18
eg.
Peak Runoff Prediction using Computed Tc
Rainfall Intensity at Tc, I = 158 inchlhr
Peak Flowrate, Qp = 12.92 cfs
ediction using Regional Tc
Rainfall Intensity at Tc, I =
Peak Flowrate, Qp =
169 inch/hr
21.97 cfs
Page 4
•
CALCULATWOF A PEAK RUNOFF USING RATIOPSMETHOD
Project Title:
Catchment ID:
PEACE HAVEN MINOR SUBDIVISION
EXISTING SUB -BASIN 'A' (MAJOR STORM)
I. Catchment Hydrologic Data
Catchment ID = A'
Area = 49.16 Acres
Percent Imperviousness = 2.49 %
NRCS Soil Type = C A, B, C, or D.
II. Rainfall Information I (inch/hr) = Cl * P1 /(C2 +Td)"C3
Design Storm Return Period, Tr = 100 years (input return period for design storm)
C1 = 28.50 (input the value of C1)
C2= 10.00 (input the value of C2)
C3= 0.786 (input the value of C3)
P1= 2.60 inches (input one -hr precipitation —see Sheet "Design Info")
III. Analysis of Flow Time (Time of Concentration) for a Catchment
Runoff Coefficient, C =
Overide Runoff Coefficient, C =
5-yr. Runoff Coefficient, C -S` =
Overide 5-yr. Runoff Coefficient, C =
0.51
0.17
(enter an overide C value if desired, or leave blank to accept calculated C.)
(enter an overide C-5 value if desired, or leave blank to accept calculated C-5.)
Illustration
Tillage/
Field
Short
Pasture/
Lawns
Nearly
Bare
Ground
LEGEND
O Degnming
Flow Direction
Catchment
Boundary
NRCS Land
Type
Heavy
Meadow
Conveyance
2.5
IV.
Calculations:
5
7
10
Grassed
Swales/
Waterways
15
Paved Areas &
Shallow Paved Swales
(Sheet Flow)
20
Reach
Slope
Length
5-yr
NRCS
Flow
Flow
ID
S
L
Runoff
Convey-
Velocity
Time
Coeff
ance
V
Tf
ft/ft
ft
C5
fps
minutes
input
input
output
input
output
output
Overland
0.0293
500
0.17
0.32
26.44
1
0.0293
970
5.00
0.86
18.89
2
3
4
5
Sum 1,470
Computed Tc =
45.33
Regional Tc = 18.
Peak Runoff Prediction using Computed Tc
Rainfall Intensity at Tc, I = 3.16 inch/hr
Peak Flowrate, Qp = 79.12 cfs
ediction using Regional Tc
Rainfall Intensity at Tc, I =
Peak Flowrate, Qp =
5.37 inch/hr
134.50 cfs
Page 5
Area -Weighting for Runoff Coefficient Calculation
Project Title:
Catchment ID: PROPOSED SUB -BASIN 'A'
Illustration
PEACE HAVEN MINOR SUBDIVISION
Instructions: For each catchment subarea, enter values for A and C.
Subarea
Area
Runoff
Product
ID
acres
Coeff.
A
C*
CA
input
input
input
output
Gravel
1.71
40.00
68.40
Resident.
47.45
15.00
711.75
sum: 49.16
Sum: 780.15
Area -Weighted Runoff Coefficient (sum CAlsum A) = 15.87
*See sheet "Design Info" for inperviousness-based runoff coefficient values.
Page 6
•
•
•
AGREEMENT TO ALLOW DISCHARGE OF DRAINAGE WATER INTO THE
WATER SUPPLY AND STORAGE COMPANY'S CANAL
PEACE HAVEN ESTATES
THIS AGREEMENT is made and entered into this/i7 day of November, 2007, by
and between THE WATER SUPPLY AND STORAGE COMPANY, a Colorado nonprofit
corporation whose address is 2319 East Mulberry, Fort Collins, Colorado 80524 (hereinafter the
"Company") and ROBERT L. PARSONS, whose address is 40455 Skylark Drive, Fort Collins,
Colorado, individually and on behalf of Gran Sport Partnership Colorado 80524 (hereinafter the
"Parsons" or "Landowner").
RECITALS
WHEREAS, Company is the operator of a canal or ditch known as the Larimer County
Canal (hereinafter called the "Canal"). The Canal transports water and a portion of the Canal
exists and travels over a tract of land currently owned by Landowner. The tract of land owned
by Landowner is an eight (8) lot Minor Subdivision (hereinafter "Subdivision") on a parcel of
land located on the following described real estate, to -wit:
Lot B of Recorded Exemption #3358, being part of the NW Y< of Section 10,
Township 7 North, Range 67 West of the 6th P.M., Weld County, Colorado.
(hereinafter called "Landowner's Tract"); and
WHEREAS, as a condition of a permit approval from the Weld County, Parsons is
required to acquire an easement to discharge storm water runoff from the Subdivision into the
Ditch; and
WHEREAS, Parsons desires to construct and install storm drainage improvements and
related appurtenances (the "Improvements"), including but not limited to inflow swale, detention
pond (graded and seeded up to the Ditch), and an outlet structure which includes a headwall with
orifice plate inside the pond, the outlet pipe, a headwall where the outlet pipe intersects the ditch
bank, a rip -rap erosion control mat within the canal, an erosion control fence, and intends to
convey the Improvements to the Homeowners Association (the "Homeowners Association")
and/or other appropriate entity, for ownership, operation, maintenance and repair; and
WHEREAS, the proposed improvements are shown on the construction plans and final
drainage report for Peace Haven Estates as approved by Weld County as part of the final
subdivision process; and
WHEREAS, the purpose of this Agreement is to set forth the terms and conditions for
the grant of an easement to Parsons for construction, operation, maintenance and repair of the
necessary storm drainage facilities and the discharge of storm water runoff from the Subdivision
into the Ditch.
•
•
•
NOW, THEREFORE, in consideration of the mutual promises contained herein, and
other good and valuable consideration, the receipt of which is hereby acknowledged by the
Company, the parties mutually agree as follows:
1. The above Recitals are incorporated herein as if fully set forth.
2. Except for those third parties who possess a lien or other interest and who have
approved of this Agreement by their or its signature below, Parsons warrants that he is the sole
owner of the Property known as the Peace Haven Estates Subdivision and that Parsons will
rennin the sole owner until this Agreement is recorded in Weld County.
3. Company grants to Parsons a nonexclusive easement for the installation,
construction, reconstruction, operation, use, maintenance, repair, replacement and/or removal of
the Improvements (the "Improvements Easement"). The Company also grants to Parsons a
nonexclusive easement to allow storm water runoff in the amount and from the sources and to
the locations as shown in the "Construction Plans for Peace Haven Estates Subdivision" (the
"Construction Plans") to be discharged into the Ditch (the "Storm Water Easement"). The
Improvements Easement and the Storm Water Fa cement are collectively referred to herein as the
"Premises", and shall include the right of ingress and egress over and across the Premises as
depicted on the Construction Plans.
4. Parsons will construct detention pond at his sole expense in accordance with the
Construction Plans, which have been designed by a Colorado -licensed, professional engineer to
withstand and accommodate the 100 -year return frequency flood for the entire Second Filling
and in all respects conform to Weld County storm water requirements.
5. Prior to the commencement of any construction, maintenance or repair of the
Improvements, Parsons shall submit to the Company for its written approval his detailed plans
for such work. No construction on the Improvements will be permitted until the Company has
approved the plans. The Company shall review the submitted plans in accordance with its
approved standards and specifications. The Company's review and approval of the plans shall
not be relied upon as a validation of such plans and shall not constitute any release of any
otherwise existing obligation, responsibility or liability of Parsons.
6. Parsons shall notify the Company at least 48 hours prior to the start of
construction of, modifications or repairs to the Improvements, so that the Company may
supervise and inspect the work as it deems necessary. In the event the Company deems it
necessary to retain an engineer for supervision of Parsons' work on the Improvements, Parsons
shall be responsible for the reasonable fees and costs of such engineer.
7. Parsons shall be solely responsible for all costs associated with the construction,
maintenance, repair and replacement of the Improvements. In the event, however, that any sum
is reasonably expended by the Company for emergency repair or maintenance of the
Improvements, Parsons shall reimburse the Company for such expense. In the event that the
Company finds it necessary to make emergency repairs to the Improvements, the Company shall
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be without liability for damage to Parsons, except as to such damage as may be caused by gross
negligence or wanton and willful misconduct of the Company. Determination of whether repair
or maintenance is necessary and whether an emergency exists shall be in the sole discretion of
the Company.
8. Parsons will use all reasonable means to prevent any disturbance of the flow of
water in the Ditch, unless permission in writing is first received from the Company for such
disturbance. Parsons shall be responsible for any damages resulting from the unauthorized
disturbance of flow of water through the Ditch caused by Parsons. Construction of the
Improvements shall be completed within 120 days from commencement of construction, unless
written consent by the Company for an extension is granted, and shall be accomplished during
the non -irrigation season, unless otherwise agreed by the Company.
9. The Company reserves its full power to operate, maintain, alter, enlarge, relocate,
clean and manage its Ditch and installations, but in so doing, shall use all reasonable means not
to interfere with Parsons' use and enjoyment of the Improvements. In the event, however, that
any such action on the part of the Company could reasonably be expected to affect Parsons,
except in the event of emergency repairs, the Company agrees to give prior notice to Parsons and
to reasonably cooperate with Parsons to avoid injuries or damages to the Improvements. In the
event that the Company finds it necessary to perform emergency repairs to its Ditch or
installations, either now or at any future time, the Company shall be wholly without liability for
damages to Parsons as the result of the performance of said repairs, except as to such damage as
may be caused by the negligence or misconduct of the Company, its contractors, agents or
employees. Determination of whether an emergency exists shall be at the sole discretion of the
Company.
10. Parsons will pay to the Company on or before April 1' of each year an annual fee in
perpetuity for the easements herein granted, which fee shall be either 25% of that amount
annually assessed by the Company on one share of the Water Supply and Storage Company
stock outstanding or $250.00, whichever is greater. Parsons agrees that it will cause a
Homeowners Association to be formed to fulfill certain duties, and that the Homeowners
Association shall be responsible for payment of the annual fee due to the Company. The fee for
2007 is $250.00 and shall be due on or before sixty (60) days from the date of this Agreement
In the event that the annual fee required under this paragraph is not timely paid, in addition to
other remedies provided in this Agreement, interest on the amount unpaid shall accrue at 18%
per annum until paid, or the amount of interest then charged by the Company to a shareholder
who is delinquent on payment of his or her assessment until paid, whichever is greater.
11. Parsons shall ensure that appropriate and effective permanent water cleansing
practices, techniques and apparatuses are installed and utilizM designed to effectively clean any
waters to be drained into the Ditch under this Agreement Parsons shall ensure that all water
quality practices, techniques and apparatuses that cleanse the drainage water arising on the
Property are properly and effectively working at all times, and Parsons shall annually maintain
and inspect such practices, techniques and apparatuses.
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At a minimum any water contemplated by this Agreement to drain through or
•from the Improvements into the company's Ditch shall at all times be suitable for agricultural
use, including the watering of livestock, be non -hazardous to humans, be non -malodorous and
otherwise suitable for its historic uses, and shall be suitable for any other use or uses that the
waters may be put to by the Company's shareholders, now or in the future; and at a minimum
such waters shall meet the then current local, state and federal water quality standards for point
source discharges into a public waterway in which the waters ultimately may be discharged
under the then applicable public waterways classification at such point of discharge. In any
event, however, any drainage waters that enter the Ditch from the Property shall at all times be of
a water quality that complies with the provisions of any lawful statute, regulation or ordinance of
general applicability limiting, regulating or prescribing the quality of water that may be used for
agricultural irrigation and any other use or uses that the waters may be put to by the shareholders
now or in the future, including modifications thereof, and whether adopted by the State Engineer
or any other local, state or federal governmental agency. Parsons may request from the
Company the uses to which the waters in the Ditch are put, but such request may be made not
more than once per year. At least once per year, and at such other times as Company may
reasonably request, Parsons (at Parsons' cost), will retain a qualified water quality expert
(reasonably selected by the Company) to sample test (to the extent reasonably requested by
Company) the drainage waters entering the Ditch from the Property, to ensure that the water
quality standards recited herein are not violated. The results of such sampling and testing will be
provided to the Company without cost.
Parsons', his successors and assigns, shall forever hold the Company, its
employees, officers and its directors harmless from liability for damage to the Company
•hareholders or third parties resulting from Parsons' failure to meet the water quality standards
stated in this paragraph 11. Further, Parsons agrees that in the event any shareholder of the
Company or third party brings suit against the Company, its officers, directors or employees as a
result of Parsons' violation of the water quality standards contained in this Agreement, Parsons,
his successors and assigns, will indemnify the Company and its officers, directors, and
employees for the cost to defend said suit and for any claim for damages to such shareholder or
third party.
A. In the event that Parsons violates the water quality standards recited in this
paragraph 11, Parsons shall be liable to Company for actual damages incurred by the Company
or for liquidated damages in the amount of $1,000.00 for each day of the violation, whichever is
less. Annually, upon the anniversary date of this Agreement, the amount of liquidated damages
shall increase by three percent (3%) to reflect inflation.
B. Notwithstanding the provisions of Paragraph A above, Company may seek
judicial or administrative relief or other appropriate remedies and damages. In the event that a
court or governmental body requires or orders that the water discharged by Parsons into the
Reservoir requires treatment to cure a violation, Parsons shall effectuate such treatment at it sole
expense to meet the terms of this Agreement.
C. In the event that a local, stare or federal governmental agency or authority or any
court of competent jurisdiction requires Company to obtain, or asserts that Company must obtain
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or was required to obtain, any permit, authorization, or similar approval to allow the Company to
ire stormwater runoff pursuant to this Agreement, or for the Company to allow any
lation, repair, maintenance or existence of the Improvements, then Parsons shall obtain
such permit, authorization or similar approval on behalf of the Company. Company shall not be
responsible for obtaining, any such permit, authorization or similar approval, however, Company
shall fully cooperate with Parsons in such process. In the event that any administrative, judicial
or similar proceeding is brought against the Company, its officers, directors and employees due
to the existence or nonexistence of any such permit, approval or similar authorization, Parsons
shall indemnify the Company, its officers, directors, employees and shareholders from any
liability or damages, and shall pay the Company's reasonable attorney fees and costs incurred in
connection with any such proceeding.
12. In addition, Parsons hereby covenants and agrees:
A Parsons shall not install a fence, nor construct any building within the Premises
unless written authorization is first received from the Company.
B. Upon completion of its activities, Parsons, to the extent practicable, shall restore the
Premises to its original state as nearly as reasonably possible; to at least equal to the condition it was
in immediately prior to the date of this Agreement, except as necessarily modified to accommodate
the Improvements and Detention Pond.
C. In the event the Improvements, or other work performed pursuant to this
Aweement, causes settling in the Ditch, Parsons will upon notification from Company,
ediately restore the Premises to its original state as nearly as reasonably possible, to at least
equal to the condition it was in immediately prior to the date of this Agreement, except as
necessarily modified to accommodate the Improvements and Detention Pond.
D. Parsons will obtain from the landowners who have fee simple title to the lands
upon which the Ditch is located an easement or other written permission to cross said lands as
necessary_
E_ Each party shall bear his or her own costs of any legal services necessary in the
preparation and implementation of this Agreement, except as previously agreed between the
parties wherein Parsons agreed to reimburse Company for all reasonable engineering, legal and
administrative costs incurred by the Company in preparing and approving this Agreement.
13. Parsons shall indemnify the Company, its officers, directors and employees and forever
hold it and them harmless from liability for damage or injury to the Company, its shareholders
and third persons resulting from this Agreement, its existence, or any construction, repair, use or
operation in connection therewith.
14. Failure by the Company to enforce any or all provisions of this Agreement at any time
does not, and shall not, operate as a waiver or estoppel.
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15. Parsons agrees that the Homeowners Association, upon its formation, shall assume the
duties and obligations of Parsons under this Agreement In the event that the Homeowners
Association, for whatever reason, fails to perform under this Agreement, or ceases to exist or
function or dissolves or is bankrupt, the lot owners within the Second Filing shall assume the
duties and obligations of the Homeowners Association.
116. This Agreement, and any grant by Company, is subject to all rwt<ictions, reservations,
rights -of -way, easements, documents or agreements existing or of record in the Weld County
Clerk and Recorder's Office at the time this Agievnent is recorded. The Company makes
absolutely no warranties, including warranties of title, in or by this Agreement or any grant
herein. This paragraph has no effect and shall not apply to warranties made by Parsons in
paragraph 2 of this Agreement.
I'7. Parsons will cause the Homeowners Association to be formed as soon as possible, but in
any event no later than nine months after the execution of this Agreement After the
Homeowners Association has been duly formed (with evidence of such proper formation being
provided to the Company in the form of true, fully executed copies of all documents relating to
such formation), the Homeowners Association shall immediately become a party to this
Agreement by execution of the signature page attached hereto. Parsons shall be responsible for
recording the executed signature page, and for providing the original thereof to the Company.
Parsons shall cause the Homeowners Association to adopt permanent Homeowners Covenants
that shall run with the Property, which shall recite "Best Management Practices" designed to
ensure that any storm water runoff that enters the Ditch from the Subdivision meets the water
quality standards recited herein.
18;. This Agreement and all the terms and conditions hereof shall extend to and be binding
upon the successors and assigns of each of the parties hereto, including, but not limited to, the
Homeowners Association to be formed. This Agreement shall run with the land referred to
herein as the Property.
19. Parsons shall, at the time of submitting this Agreement to the Company for approval and
signature, provide to the Company cash or a check payable to the Weld County Clerk and
Recorder in an amount sufficient to pay the cost of recording this Agreement with the Weld
County Clerk and Recorder. The installation of the Improvements shall not commence until this
Agreement has been recorded
20. Any notice required or permitted hereunder shall be deemed effective when deposited in
the United States mail, postage prepaid, first class and addressed to the party to whom notice is
to, be given, as follows:
If to Company:
The Water Supply and Storage Company
c/o President
P.O. Box 1584
Fort Collins, CO 80522
6
If to Parsons:
Robert L. Parsons
40455 Skylark Drive
Fort Collins, CO 80524
Said notice to the Company shall not be effective unless a copy of any notice is also
.similarly mailed to the Company's registered agent as filed with the Colorado Secretary of
Statte's Office.
In the event that the person or entity to whom notice shall be given changes, the other
party shall be notified in writing pursuant to this paragraph.
21. By his signature below, Robert L. Parsons warrants and represents that he has full power
and: authority to filly bind Gran Sport Partnership herein, and that by his signature, Gran Sport
Partnership is fully and completely bound to the representations, terms and provisions of and
within this Agreement.
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IN WITNESS WHFREOF, the parties hereto have caused these presents to be duly
executed by the proper officer and have affixed their seals hereto on the day and year first above
written.
boat
Parsons, inili y and on behalf of
port Partnership
STATE OF COLORADO )
)ss.
COUNTY OF6 , . Z )
j The foregoing instrument was acknowledged before me this �` day of
� w' wi. be yi 2007, by Robert L. Parsons, individually and on behalf of Gran Sport
Partnership. - ')
STA.IEOFCOLORADO . )
) ss.
C • LUNTY OF LARIMER )
Th foregoing instrument was acknowledged before me this /( day of
A, 2007, by Leroy W .. ice Prt of The Water Supply & Storage
)
otary Public
My commission expires. • _ Lot,
COMPANY:
THE WATER SUPPLY & STORAGE COMPANY
Company.
WITNESS my hand and o
Pub is
commission whys:
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THIRD PARTY APPROVAL:
The undersigned hereby consents to and approves of this Agreement and consents and
agrees that any lien or other interest in the property held by the undersigned is subject to, and
subordinate to, this Agreement and its terms.
By:
Al 1'EST:
By:
Secretary
STATE OF COLORADO )
) ss.
•LINTY OF )
The foregoing instrument was acknowledged before me this day of
2001, by , , and , Secretary, of
Witness my hand and official seal.
•
Notary Public
My commission expires:
8
The undersigned Homeowners Association hereby agrees to become a party to the
�ieemeat to Allow Discharge of Drainage Water into The Water Supply and Storage
Company's Ditch (recorded at Reception No. in the records of the Clerk and
Recorder of Weld County, Colorado) and agrees to be bound by all of the tents, conditions and
provisions that are applicable to it. This page, when properly completed and executed, shall also
be recorded in Weld County, Colorado at the expense of the Homeowners Association. After
such recording, it shall be returned to The Water Supply and Storage Company, P.O. Box 1584,
Fort Collins, CO 80522.
Dated this day of , 20 .
(Fill in legal name of Homeowners' Association)
By:
, President
(print name)
ATTEST:
• , Secretary
STATE OF COLORADO)
)ss:
COUNTY OR LARIMER)
The foregoing instrument was acknowledged before me this day of
20_, by , President and
Secretary of
Witness my hand and official seal.
Notary Public
My Commission expires:
[SEAL]
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Statement of Authority
(Section 38-30-172, C.R.S.)
The entity to which this Statement of Authority relates is a nominee partnership (Section 38-30-
108.5) formed under the laws of the State of Colorado.
The name of the partnership is:
Gran Sport Partnership
The current mailing address for the partnership is:
40455 Skylark Drive
Fort Collins, Colorado 80524
The following persons are the partners of the partnership:
Robert L. Parsons, Partner
Arlene M. Parsons, Partner
Robert L Parsons is authorized to execute instruments conveying, encumbering and otherwise
affecting title to real property on behalf of the partnership.
The authority of Robert L Parsons to bind the partnership and in any other matters concerning
the MEMO' it which the eddy deals with arty interest in real property is Cant This
Statement of Authority is executed on behalf of the partnership pursuant to the provisions of
Section 38-3O-172, C_RS.
wary
l'Tit
Arlene M. Parsons, Partner
STATE OF COLORADO
COUNTY OF (Ay fl"' /1
)ss.
The foregoing instrument was aged before me on February
L Persons and Arlene M Parsons
Witness my hand and official seal. �1
My commission expires: 1 -9g '904
v
i9
2008 by Robert
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DECLARATION OF COVENANTS
AND RESTRICTIONS
FOR
PEACE HAVEN ESTATES
ARTICLE I
PREAMBLE
Declarant is the owner of that certain real property described as Lot B of Recorded Exemption No. 0705-
10-2 RE -3358 situate in the Northwest Quarter of Section 10, Township 7 North, Range 67 West of the
Sixth Principal Meridian, Weld County, State of Colorado hereof (The Property). The Property has been
platted as Lots 1-8 of Peace Haven Estates simultaneously with this declaration. This planned community
contains less than 20 units and is not subject to any development rights and therefore is not subject to the
Colorado Common Interest Ownership Act except for sections 38-33.3-105 through 107.
Declarant desires to develop The Property for residential purposes. Declarant deems it desirable to subject
the Property to the covenants, conditions and restrictions set forth in this Declaration in order to preserve
the values of the individual lots and enhance quality of life for all owners of such lots.
Declarant therefore declares that all of The Property is and shall be held, transferred, sold, conveyed and
occupied subject to the terms, restrictions, limitations, conditions, covenants, obligations, liens, right of
ways, and easements which are set forth in the Declaration, all of which shall run with The Property and
shall ensure to the benefit of, and be binding upon, all parties having a right, title, or interest in The Property
or a portion thereof, and such person's heirs, grantees, legal representatives, successors and assigns.
Any restrictions or regulations not addressed specifically shall be in accordance with Weld County Zoning
Regulations, Weld County Minor Subdivision Regulations and the Weld County Right to Farm Covenant.
The Weld County Right To Farm Covenant is provided as follows:
Weld County is one of the most productive agricultural counties in the United States; ranking fifth in total
market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but
they are extensively used for agriculture. Persons moving into a rural area must recognize and accept
there are drawbacks, including conflicts with long-standing agricultural practices and lower level of services
than in town. Along with the drawbacks come the incentives, which attract urban dwellers to relocate to
rural areas including: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural
atmosphere and way of life. Without neighboring farms, these features which attract urban dwellers to rural
Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural practices
to accommodate the intrusions of urban users into rural areas. Well run agricultural activities will generate
off -site impacts, including noise from tractors and equipment roads; slow -moving farm vehicles on rural
roads; dust from animal pens, fieldwork, harvest, and gravel roads; odor from animal confinement, silage,
and manure; smoke from ditch burning; flies and mosquitoes; and the use of pesticides and fertilizers in the
fields, including the use of aerial spraying. Ditches and reservoirs cannot simply be moved out of the way
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of residential development without threatening the efficient delivery of irrigation to fields, which is essential
to farm production.
Section 35-3.5-102, C.R.S., provides that an agricultural operation shall not be found to be a public or
private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that
are commonly or reasonably associated with agricultural production.
Weld County covers a land area of over 4,000 square miles in size (twice the state of Delaware) with more
than 3,700 miles of state and county roads outside of municipalities. The sheer magnitude of the area to
be served stretches available resources. Law enforcement is based on responses to complaints more than
on patrols of the county and the distances which must be traveled may delay all emergency responses,
including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must
leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are
bladed, will not provide the same kind of surface expected of a paved road. Snow removal priorities mean
that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm.
Snow removal for roads within subdivisions is of the lowest priority for public works or may be the private
responsibility of homeowners. Services in rural areas, in many cases, will not be equivalent to municipal
services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers.
Children are exposed to different hazards in the country than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot
operations, high speed traffic, sand burs, puncture vines, territorial farm dogs, and livestock present real
threats to children. Controlling children's activities is important, not only for their safety, but also for the
protection of the farmer's livelihood. Parents are responsible for their children.
ARTICLE II
DEFINITIONS
General: The words and terms defined in this Article shall have the meanings herein set forth unless the
context indicates otherwise.
Association: Shall mean and refer to the Peace Haven Estates Homeowners Association, a Colorado
Nonprofit Corporation established pursuant to Article IV of this Declaration. The members of the
Association shall be Lot Owners as defined herein.
Common Areas: Shall refer to all real Property or interest therein owned by the Association and easements
and rights of way for the common use and enjoyment of the Owners, together with and including, but not by
way of limitation, Peace Haven Way, utilities, and utility easements.
Declarant: Shall mean and refer to Robert L. Parsons, his successors and assigns.
Developer: Shall mean Robert L. Parsons, his successors and assigns.
Developer Responsibilities: Shall refer to the road constructed pursuant to specifications required by Weld
County known as Peace Haven Way.
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Lot or Parcel: Shall mean any one of the eight building sites shown on the approved final plat of the The
Property as shown on Exhibit A or upon any subsequent recorded remapping of any portion of The
Property.
Property Owner or Owner or Homeowner. Shall mean and refer to each owner of record, whether one or
more persons or entities, of the fee title to any Residential Lot, but whether such title interest shall be sole,
joint, common, by the entireties, or fractional, and notwithstanding any applicable theory of the mortgage,
shall not mean or refer to the mortgage unless and until such mortgage has acquired fee simple title to the
Lot pursuant to foreclosure or a proceeding in lieu of foreclosure.
The Property: Shall be the same as defined in Exhibit A.
ARTICLE III
PROPERTY SUBJECT TO THIS DECLARATION
The Property: The Property which is transferred, sold, conveyed and occupied subject to these Covenants
consists of eight Lots of approximately four to nine acres and all of which is located in Weld County,
Colorado and is more particularly described and depicted on the Final Plat Map, Exhibit A.
ARTICLE IV
MEMBERSHIP IN THE ASSOCIATION
Lot Owners as Members: Every Lot Owner shall be a Member of the Association. Status as a Lot Owner
is the sole qualification for membership.
Termination of Ownership Status: Rights to a membership and status as a Member terminates upon
termination of status as a Lot Owner. Upon sale or other conveyance of the Lot Owner's interest in such
Lot, the selling or conveying Lot Owners or Lot Owners shall be relived of liability for assessments levied
from and after the date of such sale; provided, however, that no such sale or assignment shall relieve a Lot
Owner of liability arising prior to the date of such sale or assignment is consummated. Acceptance by a
purchaser or assignee of such sale or assignment evidences such purchaser's or assignee's assumption of
personal liability for all Assessments arising from and after the date such sale or assignment is
consummated. A sale or assignment of a lot owner's interest shall be deemed to have occurred for all
purposes of these Covenants and Agreement upon delivery of deed or document of assignment, or upon
recording in the Public Records an instrument of conveyance of such interest
No Avoidance by Non -Use: No Lot Owner may avoid the obligations of membership during the period of
ownership by renunciation or abandonment of such Lot Owner's Unit or any other act of abandonment or
renunciation.
Voting Rights: Ownership of each Lot shall carry with it one vote. If more than one person holds an
interest in any Lot, all such persons shall be Members: however, the vote for such Lot shall be exercised as
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they among themselves shall determine, but in no event shall more than one vote be cast with respect to
any Lot If any Owner, including Declarant has a recorded title interest in more than one Lot, that Owner
shall have a voting right with respect to each such Lot in which he has an ownership interest. The
Association shall hold meetings with respect to the election of Board members and officers and for the
purpose of presenting, discussing and approving budgets and such manner of other business as
determined by the Lot Owners and bylaws. Written notice of annual, regular and special meetings of the
Association shall be delivered in person or by mail to each Lot Owner of record in the manner and at such
times as prescribed by the Bylaws.
ARTICLE V
DUTIES OF THE ASSOCIATION
The Association, for the benefit of the Members, shall provide directly or through suppliers, the following on
a basis which does not discriminate between or among any individual Members or classes of Members,
and which does not give priority to any individuals or groups.
General Duties: Operation, maintenance and repair of any fixtures, structures, mailboxes, conduits, pipes,
signs, landscaping and related facilities now or hereafter constructed.
Garbage and Trash Removal: Owners shall coordinate garbage and trash removal with one removal
service in order to minimize heavy truck traffic.
Security Services: If deemed necessary by affirmative vote of the Association, procurement of security
services for the protection of the Lot units.
Cash Basis: All business of the Association shall be on a cash basis and it shall not pledge or lien its
assets on borrowings or otherwise.
Operating Fund: The Association shall maintain a Capital Reserve Operating and Maintenance Fund.
Determining Assessment Assessments shall be made no less frequently than annually and shall be based
upon a budget adopted not less frequently than annually by the Association. Assessments shall be
apportioned equally among all Lots within the subdivision.
Liability Insurance: A policy or policies insuring the Board, the Association, the Members, and the
Association's employees against liability to the public or to the Members, incident to the ownership of any
property or interest owned or maintained by the Association, and including the personal liability of the
Members, with respect to the easements and Exhibit A.
Legal and Accounting: Legal and accounting services as the Board deems necessary or desirable in
connection with the operation of the Association or enforcement of the provisions hereof.
Lot Irrigation: Irrigation of each individual Lot shall be the sole responsibility of the individual Lot Owner
and is not to be a part of the Homeowner's Association maintenance responsibilities.
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Easement Maintenance: The Association shall maintain at common expense entryway signage, lighting,
mailboxes, a dedicated right of way known as Peace Haven Way, buried conduit and pipelines as
necessary for the supply of electrical, water, natural gas and telephone services to the extent such services
are available and such conduits and pipelines are not installed or maintained directly by a utility service
company or governmental entity.
Other Association Requirements: Any other materials, supplier, labor, services, maintenance, repairs,
structural alterations, insurance, taxes, or assessments which the Association is required to secure or pay
for pursuant to the terms of these Covenants or by law or which in the discretion of the Board shall be
necessary or proper for its operation or the enforcement of these Covenants, provided, however, that if any
such materials, supplies, labor, services, maintenance, repairs, structural alterations, insurance, taxes or
assessments are provided for the benefit of some but not all the Lots, the cost thereof shall be specially
assessed to the Owners of the benefited Lots.
Operating Fund: The Association shall maintain a Capital Reserve Operating and Maintenance Fund as
set fort in Article VII.
ARTICLE VI
ASSOCIATION POWERS
Exclusive Power: Except as expressly otherwise provided herein, the duties of the Association enumerated
in Article V shall be exclusively performed by the Association, and any duty to be performed or right to be
exercised by the Association, as enumerated therein, shall not be performed by any Owner individually
without the written consent of the Association. The Association shall have the exclusive right and obligation
to contract for all goods, services and insurance payment which is to be made from the Maintenance Fund
and assessed pro rata to all Unit Owners as common expense. The Association shall have a reasonable
right of entry upon all Lots to determine compliance with and to enforce the provisions hereof.
Proiect Management The Association shall have the power to contract with third party Contractors to
provide the management services required to be performed by the Association.
Utility Services: The Board shall have the right to permit the provision of any goods or services from any
public utility or public utility company and such contract or arrangement shall constitute performance on the
part of the Board of its obligation with respect to such goods or services until such time as the contract or
arrangement is terminated. To effectuate the foregoing, the Board may grant such utility easement as
maybe required, over, along, across, under and through Common Property identified by Exhibit A for the
provision of such utility service.
Right to Cure Owner's or Additional Property Owners' Defaults: Where any Owner or Additional Property
Owner has an obligation hereunder to perform any act of maintenance, preservation, construction,
alteration, or repair on such Owner's Dwelling Unit or with respect to any improvements, to any landscaping
or with respect to any Forestry Management duties imposed upon Property Owners pursuant to rules and
regulations promulgated by the Architectural Control Committee, and such Owner fails to perform such
work within thirty (30) days after notice of the need to perform the same and demand for such performance
from the Association (or fails to commence to perform such work and diligently proceed to complete the
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same where completion cannot be accomplished within said thirty (30) day period), then the Association
shall have a right to enter upon the Lot to perform the work for the account of the delinquent Owner or
Additional Property Owner. All costs and expenses incurred in connection therewith shall be paid by the
Additional Property Owner on receipt of an invoice for such work.
Maintenance of Roads: Normal maintenance of Peace Haven Way will be at the expense of the
Association. No Lot Owner or the Association shall have the right to obstruct the roadway except as
permitted, if at all. Nothing shall prevent the Association from providing snowplowing services for such
streets at Association expense if approved by affirmative majority vote of the Association.
ARTICLE VII
MAINTENANCE FUND: ASSESSMENTS
A Capital Reserve and Maintenance Fund shall be maintained through the assessment of each Lot for
payment of common expenses. An initial reserve assessment per Lot not to exceed one hundred dollars
($100.00) shall be collected for the calendar year 2007, and thereafter shall be determined on June 1st of
each year commencing June 1, 2007, by determining the actual costs for the preceding year plus fifteen
percent (15%). Nothing shall prevent the association from altering these procedures or declaring special
assessments from time to time as deemed necessary.
ARTICLE VIII
ENFORCEMENT POWERS OF THE ASSOCIATION
Each Annual Assessment and each Special Assessment shall be separate, distinct and personal debts and
obligations of the Member against whose Unit or Units the same are assessed and shall be immediately
due when made and notice thereof delivered to the Member by mail or hand delivery. In the event of a
breach of any covenant rule or regulation of the Association or default or defaults in payment of any Annual
or Special Assessment in addition to any other remedies herein or by law provided, the Association may
enforce each such obligation as follows:
Section 1. Suit at Law or in Equity. The Association may bring a suit at law for unpaid assessments or
damages or in equity or enjoin a breach of these Covenants. Each such action must be authorized by a
majority vote of the Board of Directors. Any judgment rendered in any such action shall include a sum for
reasonable attorney's fees.
Section 2. Lien. Upon a determination of the existence of a default in payment or assessment or breach of
any Covenant, the Board may deliver written notice to the defaulting Member, stating the date and the
amount of the delinquency. If such delinquency is not paid within ten (10) days after delivery of such
notice, the Board may, but is not required to, lien the Unit of such delinquent Member by filing a Notice of
Assessment and Lien Statement (`Lien Statement") with the Clerk and Recorder which shall be a valid lien.
All Members waive the right to claim or assert a homestead exemption as against any such claim of lien.
Such claim of lien shall state (1) the name of the delinquent Member, (2) a legal description of the Dwelling
Unit against which claim is made, and (3) that the claim of lien is made by the Board pursuant to these
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Covenants and agreement in an amount equal to the delinquency stated in the claim. The lien so claimed
shall immediately attach as of the due date of the Assessment subject to perfection by recordation of the
statement of lien in the Records. Each default shall constitute a separate basis for a lien. Any such default
whether or not recorded as a lien shall constitute a lien in accordance with the provisions of C.R.S. 38-33.3-
316 and may be foreclosed in the manner provided by law for the foreclosure of a Mortgage. In such
action, reasonable attorney's fees shall be awarded to the prevailing party.
Section 3. Interest Any such delinquent Assessments shall bear interest at the lesser rate of two percent
(2%) per month or the maximum rate allowable by law, from the date of delinquency until the date the
Assessment is paid in full, such amount to be added to the judgment recovered by exercise of the rights set
forth in Article VIII, Sections 1 and 2, above.
ARTICLE IX
RIGHTS UPON FORECLOSURE
In the event a Mortgage or its nominee succeeds to the interest in a Dwelling Unit or Parcel through
foreclosure (whether judicial or non judicial) or by deed or other conveyance in lieu of foreclosure, such
Mortgage or its nominee shall be a Member of the Association and subject to all burdens and benefits
thereof.
ARTICLE X
CONSTRUCTION OF IMPROVEMENTS
No work improvement grading, excavation, landscaping, fencing, tree or shrub planting or removal shall be
undertaken upon any Lot or Lots or on behalf of a Unit Owner without the prior written approval of the
Architectural Control Committee in conformity with the Design Guide, Exhibit "B" attached, given as
provided in Article XII hereof and in no event shall any structure or improvement of any kind whatsoever be
undertaken or permitted outside of the Building Envelope on each Lot No mobile homes shall be permitted
at any time. All final construction plans, drawings, and specifications for any structure or improvements
whatsoever to be erected on or moved to any Lot and the proposed location thereof on any Lot or Lots, the
construction material, the roofs and exterior color schemes, any later changes or additions after initial
approval thereof, and any remodeling, reconstruction, alterations or additions thereto on any Lot shall be
subject to the Peace Haven Estates Design Guidelines (Exhibit "B° hereto) and shall be first submitted to
the Architectural Control Committee for its approval in writing before any such work is commenced.
ARTICLE XI
RESTRICTIONS ON USE
Use: Each Lot shall be used as a single family residence. No noxious or offensive trade or activity shall be
carried on or upon any Lot nor shall anything be done thereon which may, in the opinion of the
Association, be or become an annoyance or nuisance to the neighboring Owners or residents. For the
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purposes hereof, leasing or renting of the Dwelling Units for residential purposes shall not constitute a
commercial use or enterprise notwithstanding the provisions of hotel or resort -type services in connection
with such leasing or renting.
Vehicles: No trucks, tractors, trail bikes, recreational vehicles, motor homes, snowmobiles, campers,
trailers, boats or boat trailers or vehicles other than passenger vehicles or utility trucks with a capacity of
one and one-half tons or less and no commercial vehicles shall be parked, stored or in any manner kept in
open view on any easement or any Lot within Peace Haven Estates except in a closed approved garage. A
construction trailer used to shelter equipment during a period of continuous active construction not to
exceed six consecutive months is exempt from these restrictions.
Excavating: No excavation shall be made except in connection with improvements approved as herein
provided. Upon completion of such construction, exposed openings shall be backfilled and disturbed
ground shall be graded and landscaped so that the drainage to adjacent lots is restored to the original
condition and grade.
No signs: No signage of any kind shall be displayed for public view on or from any lot except signs
associated with the sale of the dwelling units or lots.
Animals and pets: Animals and livestock will be controlled primarily by the Weld County Code Section 23-
1-90, Table 23-1B for E (Estate) Zoning. The administration of the Weld County Code will be by the
Homeowners Association. Swine will not be allowed. Livestock may be kept on any lot provided that a
corralled area, a fenced pasture and an enclosed bam are provided for them upon the lot Under no
circumstances shall overgrazing, as determined by the Association be allowed. The keeping of poultry is
discouraged. Other animals and livestock must be approved in writing by the Association. All cats must be
spayed or neutered. Dogs must be kept under direct owner control at all times, and not allowed to run at
large.
Garbage and trash: No lot shall be used or maintained as a dumping ground for rubbish. All trash,
garbage, or other waste receptacles shall be maintained in good, clean condition and (except on collection
days) in a location not visible from other lots.
Parking and auto repair: No resident shall park any automobiles on any street or lot except within garages,
or driveways. No work of automobile or vehicle repair shall be performed on any lot in any areas visible
from any other lot or road.
Maintenance of buildings: Each owner of each lot shall maintain the building or buildings upon each lot
such Owner owns, including walkways and paving, in good condition, making all appropriate repairs and
replacements as often as the same shall become necessary.
No subdivision. No lot shall be subdivided or utilized for more than one home site without prior approval of
the Association, and applications for such approval shall not be favored in the absence of extreme hardship
or extraordinary circumstances.
No lien of easement or of Association property. No unit owner shall cause or permit the entryway road
easement, nor any item of Association owned property to be subject to any lien or charge of any nature
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whatsoever except that a first mortgage or deed of trust or secondary financing may be placed upon a unit
owner's property, which encumbrance shall be subject to the terms and provisions of these covenants.
ARTICLE XII
ARCHITECTURAL CONTROL COMMITTEE
Composition of Architectural Control Committee: Three persons shall be appointed to act as an
Architectural Control Committee to perform the functions set forth herein. Each appointee must be qualified
to serve on the Architectural Control Committee by virtue of experience, interest or training and shall serve
without compensation. The appointees may but need not be unit owners. The Declarant shall make all
necessary appointments and removals to the Architectural Control Committee, until the Declarant
surrenders the appointment right or no longer owns a unit whichever occurs first After such time the
Association shall make all necessary appointments and removals to the Architectural Control Committee.
Addresses of Architectural Control Committee members: The address of the Architectural Control
Committee shall be at the address of the principal office of the Association. The current record of the
names, qualifications and business addresses of the members of the Architectural Control Committee shall
be kept there. The Architectural Control Committee shall meet at the convenience of the members thereof
and as often as necessary to transact its business, acting on the majority vote. Applicants for Architectural
Control Committee action may, but need not be given an opportunity to be head in support of their
applications.
Applications, standards of review and action by Architectural Control Committee: Applications for
Architectural Control Committee approval, the standards by which such applications shall be reviewed shall
be controlled by the Design Guide. The Architectural Control Committee shall not have the authority to
approve any applications for projects that would include significantly different designs or materials from
those permitted in the Design Guide without amending the Design Guide. A true and correct copy of the
Design Guide shall be maintained at all times at the office of the Association and each Owner shall be
entitled to a copy thereof upon written request and payment of the copying costs.
Mechanism of approval: When an application is made to the Architectural Control Committee for any
improvement of a lot a signed and dated written certificate evidencing majority vote of the Architectural
Control Committee is requested before commencing construction of any improvements on the lot.
No design responsibility: Neither the Architectural Control Committee nor any member or agent thereof
shall be responsible in any way for any defects in any plans or specifications submitted, revised or
approved in accordance with the foregoing provisions, nor for any structural or other defects in any work
done according to such plans and specifications.
Limitations: Notwithstanding anything to the contrary herein contained, any work performed upon any lot
which required the prior approval of the Architectural Control Committee shall be deemed approval unless
an action to enjoin or abate the same has been commenced by delivery of written notice to the Owner by
the Architectural Control Committee or by the Board of Directors within one hundred eighty (180) days of
the date when the Architectural Control Committee or Board of Directors acquires knowledge or notice of
the commencement or performance of such work.
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ARTICLE XIII
DAMAGE TO OR DESTRUCTION OF BUILDINGS
Reconstruction: In the event of damage or destruction by fire or other casualty affecting a building, the
Owner thereof shall, within six (6) months thereafter either:
(a) diligently commence to rebuild the same in accordance with the terms hereof, or
(b) clear and level the lot, removing all wreckage, debris and remains of the building or buildings
therefrom and leaving the same in a level, clean condition.
Revisions: Upon the reconstruction, the building shall be rebuilt substantially in accordance with the
original plans and specifications thereof, provided, however, that the exterior appearance thereof shall
substantially resemble the appearance in form and color prior to such damage and destruction.
Notwithstanding the foregoing, however, the Owner of such damaged building may reconstruct or repair the
same in accordance with new or changed plans and specifications with the prior written consent of the
Architectural Control Committee.
ARTICLE XIV
INSPECTION AND AUDIT OF BOOKS AND RECORDS
Any member may, at any reasonable time and at such member's own expense, inspect the books and
records of the Association and, in addition, cause an audit or inspection to be made of the books and
records of the Association, the Association shall furnish to each member a copy of the audit of its books
and records performed by a certified public accountant
ARTICLE XV
AMENDMENT
The provisions of these Covenants may be amended by an instrument in writing, signed and acknowledged
by seventy-five percent (75%) of all property owners. Amendments which purport to relieve the Owners
from the duty to maintain Common Elements (Peace Haven Way) will require written consent from the
Weld County Board of County Commissioners.
ARTICLE XVI
ATTORNEYS' FEES
In any action to enforce the provisions hereof, whether legal or equitable, the prevailing party shall be
entitled to reasonable attorney's fees as fixed by the court
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ARTICLE XVII
SEVERABILITY
The provisions hereof shall be deemed independent and severable, and the invalidity or partial invalidity or
unenforceability of any one provision thereof shall not affect the validity or enforceability of any other
provision hereof.
ARTICLE XVIII
BINDING EFFECT
The terms, covenants and conditions herein contained shall be binding upon and inure to the benefit of the
successors and assigns of the parties hereto. The provisions hereof shall constitute covenants running
with the land, burdening and benefiting each and every part of the property and every interest therein. In
addition, the provisions hereof shall be enforceable in equity as equitable servitudes upon the land and as
covenants in an agreement between owners. The failure to enjoin a breach or previous breach shall not
prevent an action or damages upon any subsequent breach. Each owner, each mortgage, and each
beneficiary of any trust deed by acceptance of a conveyance which is subject to these covenants and
restrictions waives the right to assert defenses of waiver, estoppel, or desuetude with respect to any failure
to enforce a prior breach.
ARTICLE XIX
INTERPRETATION AND NON -WAIVER
The provisions hereof shall be liberally construed to effectuate the purpose of creating a uniform plan for a
development and operation of said plan. Failure to enforce any provision thereof shall not constitute a
waiver of the right to enforce said provision or any other provisions hereof. In any conflict between the
terms of these restrictions and the terms of the Development Guide, deemed more restrictive", the
restriction which prevents the greatest variety and intensity of use shall be deemed to be more restrictive
and applicable.
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Dated this day of , 2006.
Robert L. Parsons
STATE OF COLORADO}
COUNTY OF WELD } SS
The foregoing instrument was acknowledged before me this _ day of , 2006,
by Robert L. Parsons.
Witness my hand and official seal.
My commission expires
{ seal }
Notary Public
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BYLAWS
OF
PEACE HAVEN ESTATES HOMEOWNERS ASSOCIATION, INC.
ARTICLE I
INTRODUCTION
These are the bylaws of the Peace Haven Estates Homeowners Association, Inc. (the
"Association") which shall operate Common Amenities, Roadway Easement and enforce the
provisions of the Declaration of Covenants and Restrictions for Peace Haven Estates Estates, a
rural residential minor subdivision located in Weld County, Colorado, in accordance with the
provisions of C.R.S. 38-33.3-101, et sec.
ARTICLE II
BOARD
Section 2.1 — Number and Qualifications — Termination of Declarant Control
(a) The affairs of the Community and the Association shall be governed by an
Executive Board which shall consist of not less than three persons, and following the
period of Declarant control, may consist of not less than three persons, the majority of
whom, excepting the Directors appointed by the Declarant, shall be Unit Owners. If any
Unit is owned by a partnership or corporation, then any officer, partner or employee of that
Unit Owner shall be eligible to serve as a Director and shall be deemed to be a Unit Owner
for the purposes of the preceding sentence. Directors shall be elected by the Unit Owners,
except for those appointed by the Declarant At any meeting at which Directors are to be
elected, the Unit Owners may, by resolution, adopt specific procedures which are not
consistent with these Bylaws or the Colorado Nonprofit Corporation Act for conducting the
elections.
(b) The terms of at least one-third of the Directors not appointed by the Declarant
shall expire annually, as established in resolution of the Unit Owners.
(c) The Declarant shall govern appointment of Directors of the Executive Board during
the period of Declarant control.
(d) The Executive Board shall elect the officers. The Directors and officers shall take
office upon election.
(e) At any time after Unit Owners, other than the Declarant, are entitled to elect a
Director, the Association shall call a meeting and give not less than 10 nor more than 60
days notice to the Unit Owners for this purpose. This meeting may be called and the
notice to the Unit Owners for this purpose. This meeting may be called and the notice may
be given by any Unit Owner if the Association fails to do so.
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Section 2.2 — Powers and Duties. The Executive Board may act in all instances on behalf
of the Association, except as provided in the Declaration, or in these Bylaws. The Executive Board
shall have, subject to the limitations contained in the Declaration and the Act, the powers and
duties necessary for the administration of the affairs of the Association and of the Community,
including the following powers and duties:
(a) Adopt and amend Bylaws and Rules and regulations promulgated thereunder;
(b) Adopt and amend budgets for revenues, expenditures and reserves;
(c) Collect assessments for Common expenses from Unit Owners;
(d) Hire and discharge agents;
(e) Hire and discharge employees, independent contractors and agents other than
managing agents;
(f) Institute, defend or intervene in litigation or administrative proceedings or seek
injunctive relief for violations of the Association's Declaration, Bylaws or Rules in the Association's
name, on behalf of the Association or two or more Unit Owners on matters affecting the
Community;
(g) Make contracts and incur liabilities;
(h) Regulate the use, maintenance, repair, replacement and modification of Common
Amenities;
(i)
Cause additional improvements to be made as a part of the Common Amenities;
(j) Acquire, hold, encumber and convey, in the Association's name, any right title or
interest to real estate or personal property, but Common Amenities may be conveyed or subjected
to a security interest only pursuant to affirmative vote of not less than 75% of the Unit Owners.
(k) Grant licenses and concessions for no more than one year;
(I) Impose and receive a payment, fee or charge for services provided to Unit Owners
and for the use, replacement and operation of the Common Amenities;
(m) Impose a reasonable charge for late payment of assessments and, after notice
and hearing, levy a reasonable fine for a violation of the Declaration, these Bylaws, and any duly
enacted Rules and Regulations of the Association;
(n) Impose a reasonable charge for the preparation and recording of amendments to
the Declaration and for statements of unpaid assessments;
(o) Provide for the indemnification of the Association's officers and the Executive
Board and maintain Director's and officers' liability insurance;
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(p) Exercise any other powers conferred by the Declaration or Bylaws;
(q) Exercise any other power that may be exercised in the state by a legal entity of the
same type as the Association;
(r) Exercise any other power necessary and proper for the governance and operation
of the Association;
(s) By resolution, establish committees of Directors, permanent and standing, to
perform any of the above functions under specifically delegated administrative standards as
designated in the resolution establishing the committee. All committees must maintain and publish
notice of their actions to Unit Owners and to the Executive Board. However, actions taken by a
committee may be appealed to the Executive Board by any Unit Owner within 45 days of
publication of notice of that action, and the committee's action must be ratified, modified or rejected
by the Executive Board at its next regular meeting.
Section 2.3 — Manager. The Executive Board may employ a Manager at a compensation
established by the Executive Board, to perform duties and services authorized by the Executive
Board. The Executive Board may delegate to the Manager only the powers granted to the
Executive Board by these bylaws under Section 2.2, Subdivisions (s), (c), (g), and (h). Licenses,
concessions and contracts may be executed by the Manager only pursuant to specific resolutions
of the Executive Board and to fulfill the requirements of the budget
Section 2.4 — Removal of Directors. The Unit Owners, by a two-thirds vote of all persons
present and entitle to vote, at any meeting of the Unit Owners at which a quorum is present, may
remove any Director of the Executive Board, other than a Director appointed by the Declarant, with
or without cause.
Section 2.5 — Vacancies. Vacancies in the Executive Board, caused by any reason other
than the removal of a Director by a vote of the Unit Owners, may be filled at a special meeting of
the Executive Board held for that purpose at any time after the occurrence of the vacancy, even
though the Directors present at that meeting may constitute less than a quorum. These
appointments shall be made in the following manner
(a) As to vacancies of Directors whom Unit Owners other than the Declarant elected,
by a majority of the remaining elected Directors constituting the Executive Board; and
(b) As to vacancies of Directors whom the Declarant had the right to appoint, by the
Declarant.
Each person so elected or appointed shall be a Director for the remainder of the term of
the Director so replaced.
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Section 2.6 — Regular Meetings. The first regular meeting of the Executive Board following
each annual meeting of the Unit Owners shall be held within 10 days after the annual meeting at a
time and place to be set by the Unit Owners at the meeting at which the Executive Board shall
have been elected. No notice shall be necessary to the newly elected Directors in order to legally
constitute such meeting, provided a majority of the Directors are present The Executive Board
may set a schedule of additional regular meetings by resolutions, and no further notice is
necessary to constitute regular meetings.
Section 2.7 — Special Meetings. Special meetings of the Executive Board may be called
by the President or by a majority of the Directors on at least three business days' notice to each
Director. The notice shall be hand -delivered or mailed and shall state the time, place and purpose
of the meeting.
Section 2.8 — Location of Meetings. All meetings of the Executive Board shall be held
within Weld County, Colorado, unless all Directors consent in writing to another location.
Section 2.9 — Waiver of Notice. My Director may waive notice of any meeting in writing.
Attendance by a Director at any meeting of the Executive Board shall constitute a waiver of notice.
If all the Directors are present at any meeting, no notice shall be required, and any business may
be transacted at such meeting.
Section 2.10 — Quorum of Directors. At all meetings of the Executive Board, a majority of
the Directors shall constitute a quorum for the transaction of business, and the votes of a majority
of the Directors present at a meeting at which a quorum is present shall constitute a decision of the
Executive Board. If, at any meeting, there shall be less than a quorum present, a majority of those
present may adjourn the meeting. At any adjourned meeting at which a quorum is present, any
business which might have been transacted at the meeting originally called may be transacted
without further notice.
Section 2.11 — Consent to Corporate Action. If all Directors or all Directors of a committee
established for such purposes, as the case may be, severally or collectively consent in writing to
any action taken or to be taken by the Association, and the number of the Directors constitutes a
quorum, that action shall be a valid corporate action as though it had been authorized at a meeting
of the Executive Board or the committee, as the case may be. The secretary shall file these
consents with the minutes of the Executive Board.
Section 2.12 — Telephone Communication in Lieu of Attendance. A Director may attend a
meeting of the Executive Board by using an electronic or telephonic communication method
whereby the Director may be heard by the other members and may hear the deliberations of the
other members on any matter properly brought before the Executive Board. The Director's vote
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shall be counted and the presence noted as if that Director were present in person on that
particular matter.
ARTICLE III
UNIT OWNERS
Section 3.1 — Annual Meeting. Annual meetings of Unit Owners shall be held in January of
each year at such date set forth in the notice. At these meetings, the Directors shall be elected by
ballot of the Unit Owners, in accordance with the provisions of Article 2 of the Bylaws. The Unit
Owners may transact other business as may properly come before them at these meetings.
Section 3.2 — Budget Meeting. Meetings of Unit Owners to consider proposed budgets
shall be called in accordance the Act The budget may be considered at Annual or Special
Meetings called for other purposes as well.
Section 3.3 — Special Meetings. Special meetings of the Association may be called by the
President by the majority of the members of the Executive Board or by Unit Owners comprising 20
percent (20%) of the votes in the Association.
Section 3.4 — Place of Meetings. Meetings of the Unit Owners shall be held at the project
or may be adjourned to a suitable place convenient to the Unit Owners, as may be designated by
the Executive Board or the President.
Section 3.5 — Notice of Meetings. The secretary or other officer specified in the Bylaws
shall cause note of meetings of the Unit Owners to be hand -delivered or sent prepaid by United
States mail to the mailing address of each Unit or to the mailing address designated in writing by
the Unit Owners, not less than ten (10) nor more the sixty (60) days in advance of a meeting. No
action shall be adopted at a meeting except as stated in the notice.
Section 3.6 — Waiver of Notice. Any Unit Owners may, at any time, waive notice of any
meeting of the Unit Owners in writing, and the waiver shall be deemed equivalent to the receipt of
notice.
Section 3.7 — Adjournment of Meeting. At any meeting of Unit Owners, a majority of the
Unit Owners who are present at that meeting, either in person or by proxy, may adjourn the
meeting to another time.
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Section 3.8 — Order of Business. The order of business at all meetings of the Unit Owners
shall be as follows:
(a) Roll call (or check -in procedure);
(b) Proof of notice of meeting;
(c) Reading of minutes of preceding meeting;
(d) Reports;
(e) Establish number and term of memberships of the Executive Board (if required
and noticed;
(0 Election of Architectural Control Committee (when required);
(g) Election of Directors of the Executive Board (when required);
(h) Ratification of budget (if required and noticed);
(i) Unfinished business; and
(j) New business.
Section 3.9 —Voting.
(a) Should only one of several owners of a Unit be present at a meeting of the
Association, the Owner present is entitled to cast all the votes allocated to the Unit only if in
accordance with the agreement of a majority in interest of the Owners of that Unit. There is
majority agreement if any one of the Owners casts the cotes allocated to the Unit without protest
being made promptly by another Owner of the Unit to the person presiding over the meeting.
(b) Votes allocated to a Unit may be cast under a proxy duly executed by a Unit
Owner. If a Unit is owned by more than one person, each Owner of the Unit may vote or register
protest to the casting of votes by the other Owners of the Unit through a duly executed proxy. A
Unit Owner may revoke a proxy given under this section only by actual notice of revocation to the
person presiding over a meeting of the Association. A proxy is void if it is not dated or purports to
be revocable without notice. A proxy terminates one year after its date, unless it specifies a shorter
term.
(c) The vote of a corporation or business trust may be cast by any officer of that
corporation or business trust in the absence of express notice of the designation of a specific
person by the Executive Board of Directors or bylaws of the owning corporation or business trust.
The vote of a partnership may be cast by any general partner of the owning partnership in the
absence of express notice of the designation of a specific person by the owning partnership. The
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moderator of the meeting may require reasonable evidence that a person voting on behalf of a
corporation, partnership or business trust owner is qualified to vote.
(d) Votes allocated to a Unit owned by the Association may not be cast.
Section 3.10 — Quorum. Except as otherwise provided in these Bylaws, the Unit Owners
present in person or by proxy at any meeting or Unit Owners, but no less than fifty percent (50%) of
the members, shall constitute a quorum at that meeting.
Section 3.11 — Majority Vote. The vote of a majority of the Unit Owners present in person
or by proxy at a meeting at which a quorum shall be present shall be binding upon all Unit Owners
for all purposes except where a higher percentage vote is required in the Declaration, these bylaws
or by the law.
ARTICLE IV
OFFICERS
Section 4.1 — Designation. The principle officers of the Association shall be the President,
Vice President, the Secretary and the Treasurer, all of whom shall be elected by the Executive
Board. The Executive Board may appoint an Assistant Treasurer, an Assistant Secretary and
other officers as it finds necessary. The President and Vice President, but no other officers, must
be Directors. Any two offices may be held by the same person, except the offices of President and
Secretary. The office of Vice President may be left vacant
Section 4.2 — Election of Officers. The officers of the Association shall be elected annually
by the Executive Board at the organizational meeting of each new Executive Board. They shall
hold office at the pleasure of the Executive Board.
Section 4.3 — Removal of Officers. Upon the affirmative vote of a majority of the Directors,
any officer may be removed, either with or without cause. A successor may be elected at any
regular meeting of the Executive or at any special meeting of the Executive Board called for that
purpose.
Section 4.4 — President The President shall be the Chief Executive Officer of the
Association. The President shall preside at all meetings of the Unit Owners and of the Executive
Board. The President shall have all the general powers and duties which we incident to the office
of President of a nonprofit corporation organized under the laws of the State of Colorado, including
but not limited to the power to appoint committees from among the Unit Owners from time to time
as the President decides is appropriate to assist in the conduct of the affairs of the Association.
The President may fulfill the role of Treasurer in the absence of the Treasurer. The President may
cause to be prepared, and may execute amendments, attested by the Secretary, to the Declaration
and to these Bylaws on behalf of the Association, following authorization or approval of the
particular amendment as applicable.
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Section 4.5 — Vice President The Vice President shall take the place of the President and
perform the Presidents duties whenever the President is absent or otherwise unable to act. If
neither the President nor the Vice President is able to act, the Executive Board shall appoint some
other Director to act in place of the President on an interim basis. The Vice President shall also
perform other duties imposed by the Executive Board or by the President
Section 4.6 — Secretary. The Secretary shall keep the minutes of all meetings of the Unit
Owners and the Executive Board. The Secretary shall have charge of the Association's books and
papers as the Executive Board may direct and shall perform all the duties incident to the office of
Secretary of a nonprofit corporation organized under the laws of the State of Colorado. The
Secretary may cause to be prepared and may attest to the execution by the President of
amendments to the Declaration and Bylaws on behalf of the Association, following authorization or
approval of the particular amendments as applicable.
Section 4.7 — Treasurer. The Treasurer shall be responsible for Association funds and
securities for keeping full and accurate financial records and books of account showing all receipts
and disbursements for the preparation of all required financial data. This officer shall be
responsible for the deposit of all monies and other valuable effects in depositories designated by
the Executive Board and shall perform all duties incident to the office of Treasurer of a nonprofit
corporation organized under the laws of the State of Colorado. The Treasurer may endorse on
behalf of the Association, for collection only, checks, notes, and other obligations and shall deposit
the same and all monies in the name of and to the credit of the Association in depositories
designated by the Executive Board. Except for reserve fund described below, the Treasurer may
have custody of and shall have the power to endorse or transfer, on behalf of the Association,
stock, securities or other investment instruments owned or controlled by the Association or as
fiduciary for others. Reserve funds of the Association shall be deposited in segregated accounts or
in prudent investments, as the Executive Board decides. Funds may be withdrawn from these
reserves for the purposes for which they were deposited, by check or order, authorized by the
Treasurer, and executed by two directors, one of whom may be the Treasurer, provided he or she
is also a director.
Section 4.8 — Agreements, Contracts, Deeds, Checks, etc. Except as provided in Sections
4.4, 4.6, 4.7, and 4.9 of these Bylaws, all agreements, contracts, deeds, leases, checks, and other
instruments of the Association shall only be executed by any officer of the Association or by any
other instruments of the Association shall only be executed by any officer of the Association or by
any other person or persons specifically designated by the Executive Board.
Section 4.9 — Statements of Unpaid Assessments. The Treasurer, Assistant Treasurer, or
a manager employed by the Association or, in their absence, any officer having access to the
books and the records of the Association may prepare, certify, and execute statements of unpaid
assessments.
The Association may charge a reasonable fee for preparing statements of unpaid
assessments. The amount of this fee and the time of payment shall be established by resolution of
the Executive Board. Any unpaid fees may be assessed as a Common Expense against the Unit
for which the certificate or statement is furnished.
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ARTICLE V
ENFORCEMENT
Section 5.1 — Abatement and Enjoinment of Violations by Unit Owners. The violation of
any of the Rules and Regulations adopted by the Executive Board or the breach of any provisions
of the Documents shall give the Executive Board the right, after notice and hearing, except in case
of an emergency, in addition to any other rights set forth in these Bylaws:
(a) To enter the Parcel in which, or as to which, the violation or breach exists and to
summarily abate and remove, at the expense of the defaulting Lot Owner, any structure, thing or
condition (except for additions or aerations of a permanent nature that may exist on that Parcel)
that is existing and creating a danger to the Common Amenities contrary to the intent and meaning
of the provisions of the Documents. The Executive Board shall not be deemed liable for any
manner of trespass by this action: or
(b) To enjoin, abate or remedy by appropriate legal proceedings, either at law or in
equity, the continuance of any breach.
Section 5.2 — Fine for Violation. By resolution, following notice and hearing, the Executive
Board my levy a fine up to Twenty -Five Dollars ($25.00) per day for each day that a violation of the
Declarations or Rules persists after notice and hearing, but this amount shall not exceed the
amount necessary to insure compliance with the rule or order of the Executive Board.
ARTICLE VI
RECORDS
Section 6.1 — Records and Audits. The Association shall maintain financial records. The
cost of any audit shall be a Common Expense unless otherwise provided in the Documents.
Section 6.2 — Examination. All records maintained by the Association or the Manager shall
be available for examination and copying by any Unit Owner, any holder of a Security Interest in a
Lot or its insurer or guarantor, or by any of their duly authorized agents or attorneys, at the
expense of the person examining the records, during normal business hours and after reasonable
notice.
Section 6.3 — Records. The Association shall keep the following records:
(a) An account for each Lot, which shall designate the name and address of each Lot
Owner, the name and address of each mortgagee who has given notice to the Association that it
holds a mortgage on the Lot, the amount of each Common Expense assessment, the dates on
which each assessment comes due, the amounts paid on the account and the balance due;
(b) An account for each Lot Owner showing any other fees payable by the Lot Owner;
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(c) A record of the amount and an accurate account of the current balance of any
reserves for capital expenditures, replacement and emergency repair, together with the amount of
those portions of reserves designated by the Association for a specific project;
(d) The most recent regularly prepared balance sheet and income and expense
statement, if any, of the Association;
(e) The current operating budget adopted pursuant to these Bylaws and ratified by the
Board;
(f) A record of any unsatisfied judgments against the Association and the existence of
any pending suits in which the Association is a defendant
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Association;
A record of insurance coverage provided for the benefits of Lot Owners and the
(h) A record of any alterations or improvements to Lots which violate any provisions of
the Declarations of which Executive Board has knowledge;
(i) A record of any violations, with respect of any portion of Peace Haven Estates, of
health, safety, fire or building codes or laws, ordinances, or regulations of which the Executive
Board has knowledge;
(j) A record of the actual cost irrespective of discounts and allowances, of the
maintenance of the Common Amenities;
(k) Balance sheets and other records required by local corporate law;
(I) Tax return for state and federal income taxation;
(m)
Directors and waivers of notice; and
Minutes of proceedings of incorporates, Lot Owners, Directors, committees of
(n) A copy of the most current versions of the Declarations, Bylaws, Rules, and
Resolutions of the Executive Board, along with their exhibits and schedules.
ARTICLE VII
MISCELLANEOUS
Section 7.1 — Notices. All notices to the Association or the Executive Board shall be
delivered to the office of the Manager, or if there is no Manager to the office of the Association, or
to such other address as the Executive Board may designate by written notice to all Lot Owners
and to all holders of Security Interest in a Lot Except as otherwise provided, all notices to any Lot
Owner shall be sent to the Lot Owner's address as it appears in the records of the Association. All
notices to holders of Security Interests in the Lots shall be sent except where a different manner of
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notice is specified elsewhere in the Documents by registered or certified mail to their respective
addresses, as designated by them in writing to the changes of address, which shall be deemed to
have been given when received.
Section 7.2 — Fiscal Year. The Executive Board shall establish the fiscal year of the
Association.
Section 7.3 — Waiver. No restriction, condition, obligation or provision contained in these
Bylaws shall be deemed to have been abrogated or waived by reason of any failure to enforce the
same, irrespective of the number of violations or breeches in which may occur.
Section 7.4 — Office. The principle office of the Association shall be on the Property or at
such other place as the Executive Board may from time to time designate.
Section 7.5 — Maintenance Fund. A working capital maintenance and capital reserve fund
is to be established in the amount reasonably calculated to meet regularly budgeted initial
Common Expense assessments for all Lots as they are created in proportion to their respective
Allocated Interests in Common Expenses. Any amounts paid into this fund shall be considered as
advance payment of assessments. Each Lots share of the working capital fund may be collected
at the time the sale of the Lot is closed or at the termination of Declarant control. Thereafter
periodic assessments shall be made no more often than quarterly for actual anticipated expenses
plus an additional Fifteen percent (15%) for capital reserves, which shall be deposited in a capital
reserve account.
Section 7.6 — Reserves. As a pal of the adoption of the regular budget the Executive
Board shall include an amount which, in its reasonable business judgment will establish and
maintain an adequate reserve fund for the replacement of improvements to the Common Amenities
that it is obligated to maintain, based upon the projects age, remaining life and the quality and
replacement cost of major Common Amenities improvements.
ARTICLE VIII
AMENDMENTS TO BYLAWS
Section 8.1 — Amendments. The Bylaws may be amended only by a vote of two-thirds of
the members of the Executive Board, ratified by affirmative vote of not less than Seventy -Five
percent (75%) of the Unit Owners following notice to and opportunity to comment by all Unit
Owners, at any meeting duly called for such purpose.
Section 8.2 — Restriction. No amendment of the Bylaws of the Association shall be
adopted which would affect or impair the validity or priority of any mortgage covering any Unit or
which would change the provisions of the Bylaws with respect to institutional mortgagees of record.
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EXHIBIT B
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PEACE HAVEN ESTATES DESIGN GUIDE
1. Protective Covenants
This document shall be called "The Design Guide" to be used as a set of guidelines for all
improvements to the community known as "Peace Haven Estates" as legally described in Exhibit A as
established by the "Declaration of Covenants and Restrictions for Peace Haven Estates" in Weld County,
Colorado and in accordance with the Bylaws for Peace Haven Homeowners Association, Inc. a Colorado
nonprofit corporation.
2. Purpose of Covenants
It is the intention of the Peace Haven Homeowners Association, Inc. to maintain a high quality,
clean, safe, uniformly well maintained and desirable semi -rural residential neighborhood. Therefore, the
Association adopts this design guide to control improvements and structures permitted by this Design
Guide.
3. Covenants
A. Site Consideration
The Architectural Control Committee will review each plan for a building in relation to the
specific characteristics of its parcel and its surroundings. The Basic objective is to achieve compatibility of
the building and other improvements with the parcel in relation to its immediate surroundings and within the
Building Envelope on each Lot. The site consideration review is, in summary, specific to the parcel itself.
The location of the main building and outbuildings shall be based on the following:
1. Setback requirements as defined by the Guidelines.
2. Natural and proposed final grade contours.
3. Presence of vegetation, trees, shrubs, and other vegetation.
4. Driveways and off street parking.
5. Appearance of buildings from open space, roads, and other lots will be important criteria.
6. Architectural design shall result in masses that are generally parallel to natural terrain. If
building masses are perpendicular to natural contours, buildings will accommodate the
natural terrain through use of stepped foundation elevations.
7. Site grading and drainage shall minimize required natural grade alterations. Drainage from
lots shall not cause soil erosion nor shall there be excessive drainage to, or impediment of
drainage flows from, adjacent lots.
8. Site grading of a parcel shall not cause cut or fill on adjacent lots, roads, driveways or
open space.
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B. Main Building
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1. Residential Structures
Unless otherwise specifically described herein, the term "building" shall refer to the
residential building on the parcel. Only one (1) residential structure shall be allowed on
each parcel. No residential structure shall be occupied prior to receipt of a Certificate of
Occupancy issued by Weld County.
2. Setback Requirements
The following minimum setbacks shall be required in Peace Haven Estates:
a. Front Setback 100 feet
b. Side Setbacks 25 feet
c. Rear Setback 100 feet
The Architectural Control Committee reserves the right to require setbacks other than set
forth preceding if needed to achieve aesthetic or functional harmony with other objectives
of the Design Guide.
3. Building Size
The minimum finished floor area for the principal residential building is 2200 square feet
The minimum finished floor area for a two story or multi -level building is 3000 square feet.
At least 1600 square feet for a two story or mum -level building must be on the main floor.
Minimum square footage requirements exclude garages, decks, porches, unattached
structures and basements.
Building Height
No building shall exceed forty (40) feet in height measured from the highest ground level
adjacent to such building to the highest point of the ridge line of such building. The
restriction will be reviewed by the Architectural Control Committee on a case -by -case
basis. Should unusual topographic features exist on a specific site, modification to the
height limitation may be acceptable.
5. Building Design
Design of the building shall be in compliance with all provisions of the building codes which
are in effect at the time of construction. Designs which are identical to other homes in
Peace Haven Estates are prohibited. The exterior of each home must have a unique
appearance. Identical floor plans may be allowed but must be approved by the
Architectural Control Committee. If identical floor plans are to be approved, the exterior
elevations must be entirely different in design, character, materials, and the like. Any such
identical floor plans shall only be approved if they have entirely different elevations.
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6. Roof
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The roof pitch shall be consistent with the architectural style of the proposed building. The
minimum roof pitch allowed on a major roof form is 4:12. The pitch of lesser elements
such as porches, dormers, etc. may be lower if consistent with the design. The maximum
roof pitch of a major roof form shall not exceed 12:12.
Flat roof designs shall be considered on an individual basis. In order to achieve an
interesting character, expansive roof areas shall be broken by varied elevations, heights,
and/or other elements such as dormers, clerestory, or ridge line breaks, etc.
Roof materials shall be premium grade composition, stone coated steel, tile, slate, or
concrete tile, with the material color being approved by the Architectural Control
Committee.
Roof vents and flashing shall be painted to match the permanent roof color or the trim
color, whichever lessens the visual impact.
7. Siding
Exterior siding may be of cedar or redwood, brick, stone, stucco, adobe board, exterior
insulation and finish systems, architectural concrete or synthetic stone. The use of exterior
siding materials must be consistent with the architectural design. All exterior finish
materials must be approved by the Architectural Control Committee.
8. Colors
All colors and color combinations shall be approved by the Architectural Control
Committee. Repainting when existing color shade is changed shall require approval by the
Architectural Control Committee. All projections including, but not limited to, chimney
flues, cents, gutters, down spouts, utility boxes, porches, railings, and exterior stairways,
shall closely match the permanent color of the surface from which the project or they shall
be of color approved by the Architectural Control Committee.
9. Miscellaneous
a. Foundations. No more than 12 inches of exposed concrete may be visible on any
elevation.
b. Garages. There shall be a minimum space for three vehicles in each garage for
each residence.
c. Windows. Window frames shall be painted a color consistent with the design
characteristics of the building. Window design shall be consistent with
architectural design characteristics of the building in size, proportions, detail and
placement on the elevation. Windows may not be tinted with any material which is
considered by the committee to detract from the overall design of the building.
d. Elevation Treatments. Architectural design shall incorporate a consistent level of
architectural interest throughout and use of walkout or garden basements,
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architectural features such as cantilever, window projections, roof elements,
decks, etc. shall be used in such a manner to add contrast to elevation plane.
e. All designs shall be in compliance with existing building codes.
C. Out Buildings
1. All buildings other than the main residence on a parcel should conform to the basic
features of the main residence as described in Section (b) except for size requirements set forth
therein. Materials used in construction of out buildings will be subject to Association approval.
2. All outbuildings must be approved by the Architectural Control Committee, and will
follow the standard approval process required for the residential structure.
3. A maximum of two (2) outbuildings, in addition to the Residential Structure, shall
be allowed. No temporary housing or trailers shall be allowed on any lot
D. Other Improvements
1. Driveways and private lanes. All driveways and private lanes shall be constructed
entirely of bituminous material, concrete surface, or CDOT class 6 aggregate or other material as
approved by the Architectural Control Committee. Private driveways are limited to a maximum
width of 18 feet at the street intersection and shall be constructed to specifications which consider
vehicle loads such as trash trucks and moving vans. Driveway design and layout shall be
approved by the Architectural Control Committee.
2. Culverts. Culverts used as pat of a driveway, private lane, or other landscaping
improvements shall be sized for the drainage quantities expected to pass through them. The ends
of such culverts shall be cut on a diagonal to match final slopes: these ends shall be treated with
rock or stone rip rap or wood, stone or concrete retaining walls to prevent erosion of the slope and
channel. Not metal flared end sections shall be allowed for use in culvert end treatments. All
culverts, if required, will be installed at Owner expense and meet any additional requirements as
specified by Weld County.
3. House address numbers. There shall be no more than one set of house address
numbers posted at the street/driveway entrance for each residence. The numerals must be at
least six inches in height on a contrasting background material and shall be approved by the
Architectural Control Committee.
4. Antennas. All TV, radio or special communication antennas and aerials including
satellite dishes, shall be reviewed for approval by the Architectural Control Committee and in no
event shall be visible from the roadway or from the residence located on another parcel.
5. Exterior mechanical equipment All exterior mechanical equipment or tanks shall
be incorporated into an architectural element of a dwelling or out building or otherwise concealed
from open view as approved by Architectural Control Committee.
6. Accessory structures. Accessory structures shall be architecturally compatible
with the dwelling. Dog runs or enclosures for other pets shall be approved by the Architectural
Control Committee.
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7. Exterior lighting. Exterior lighting shall be subdued and shall not create an
infringement on adjoining dwellings or properties and shall be approved by the Architectural
Control Committee.
8. Parking areas. All driveways and parking bays shall be reviewed for approval by
the Architectural Control Committee.
9. Landscaping. Landscaping plans shall be submitted to the Architectural Control
Committee for approval. Plans shall depict fences, decks, dog runs, sod or seeded areas,
retaining walls, sprinkler system plans and species of nursery materials and any additional items to
be used. Sodding, seeding and planting shall be installed during the growing season immediately
following occupancy.
10. Awnings. Awnings shall be permitted only upon approval by the Architectural
Control Committee.
11. Statues, sculptures, birdbaths and fountains are allowed if approved by the
Architectural Control Committee.
12. Future improvements. Future improvements or modifications that alter or affect
the exterior appearance of an existing dwelling, outbuilding or yard must be submitted for approval
by the Architectural Control Committee. A partial, sample list but not limited to:
Room, porch, or garage additions to main residence.
Barns.
Repainting.
Decks or patio extensions and deck/patio covers.
Free standing flag poles.
13. Fences. All fencing must be approved by the Architectural Control Committee and
must be in keeping with the character of Peace Haven Estates. Fencing shall be installed in
compliance with the approved fencing detail for the subdivision. Each homeowner shall be
responsible for maintaining fencing on that homeowner's parcel.
14. Maintenance of vegetation. The Owner of the property shall keep the lot mowed
on a regular basis and provide for elimination of noxious weeds. This shall include the area
adjacent to the property between the property line and the edge of the roadway.
THESE GUIDELINES ARE SUBJECT TO CHANGE
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