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Home My WebLink About20092421.tiff390 RESOLUTION RE: ACTION OF THE BOARD CONCERNING RECORDED EXEMPTION #4815 - IVAR AND DONNA LARSON WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the request for Recorded Exemption #4815 was submitted by Ivar and Donna Larson, 925 North County Line Road, Route 1, Berthoud, Colorado 80513-9251, c/o Intermill Land Surveying, Inc., Attn: Steve Stencil, 1301 North Cleveland Avenue, Loveland, Colorado 80537, for property which is located in part on the following described real estate, to -wit: Lot B of Recorded Exemption #2956; being part of the NE1/4 of Section 5, Township 4 North, Range 68 West of the 6th P.M., Weld County, Colorado WHEREAS, this request is to divide the property into two parcels estimated to be approximately 2.4 acres each. WHEREAS, after reviewing Department of Planning Services concerns and hearing the testimony presented, the Board determined that said request shall be denied for the following reasons: 1. It is the opinion of the Board of County Commissioners that this proposal evades the purpose of Section 24-1-30 of the Weld County Code, in violation of the requirement of Code Section 24-8-20.A. The number of lots sharing a common access road is non -urban scale development and should be reviewed through the PUD process. The recorded exemption process is an exemption from the subdivision process and it is not adequate to address access, emergency services, and school district concerns. There is also not a public notice requirement for recorded exemptions, which is required for non -urban scaled PUDs and allows the public to express concerns or issues with the development. 2. The Board feels this division would be inconsistent with efficient and orderly development. The proposed recorded exemptions will be sharing a common access. The number of lots to be created (a total of eight, if all four recorded exemptions were approved) is consistent with a non -urban scale subdivision or Planned Unit Development (PUD). A PUD process is the appropriate process to address this proposal, as the recorded exemption process does not provide the appropriate review process to address concerns such as access, emergency services, and school district requirements. 3. The Board feels this proposal is not consistent with Chapter 22 of the Weld County Code 111111 1111 MI 11111 NEI III 1111111 III 'H Jill Jill 3656390 10/28/2009 01:44P Weld County, CO 1 of 2 R 0.00 D 0.00 Steve Moreno Clerk & Recorder 2009-2421 ec , ,A°i ,Mt /047/9 RE4815 RE #4815 - IVAR AND DONNA LARSON PAGE 2 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Ivar and Donna Larson for Recorded Exemption #4815 be, and hereby is, denied. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 9th day of September, A.D., 2009. ATTEST: Weld County Clerk to the Boar BY: \l d�tuf ( ill,1O1C(L Deputy Cler to the Board ,, APPROVED AS1TO,FORM: siou"nty Attorney Date of signature Id/Ft/Dr 1111111101131 11111 1111111III 11111 IIII IIII 3656390 10/28/2009 01:44P Weld County, CO 2 of 2 R 0.00 D 0.00 Steve Moreno Clerk & Recorder ARD OF COUNTY COMMISSIONERS COU.NVY COLORADO (NAY) F. Garcia, Chair „r--- (AYE) ougl Rade acher, Pro-Tem (NAY) Seary,P. Conway IA .t/ /A_ , (AYE) bara Kirkmeyer/ (AYE) avid E. Long YI D 2009-2421 RE4815 DEPARTMENT OF PLANNING SERVICES RECORDED EXEMPTION ADMINISTRATIVE REVIEW COLORADO PLANNER: Chris Gathman HEARING DATE: August 4, 2008 CASE NUMBER: RE -4815 APPLICANT: Ivar & Donna Larson do Intermill Land Surveying (Steve Stencil) ADDRESS: 1301 N. Cleveland Avenue, Loveland, CO 80537 REQUEST: Two -Lot Recorded Exemption LEGAL DESCRIPTION: Lot B of RE -2956; Part NE4 of Section 5, T4N, R68W of the 6th P.M., Weld County, CO PARCEL NUMBER: 1061 05 000039 PARCEL SIZE: +1- 4.8 acres ZONE DISTRICT: Agricultural WATER SOURCE: Lot A: Proposed North Weld County Water Lot B: Proposed North Weld County Water SEWER SOURCE: Lot A: Proposed septic system Lot B: Proposed septic system Description: This proposal is to split Lot B of RE -2956 which was approved by the Board of County Commissioners on January 29, 2001 into two lots. The Department of Planning Services recommended denial of RE -2956 and RE -2959 primarily due to concerns of creating a subdivision (4 -lots) without going through the process and requirements of the subdivision process and the creation of island parcels which would result (see the attached RE -2956 and RE -2959 staff recommendation). The applicants are now proposing to split Lots A and B of RE -2956 and Lots A and B of RE -2959 into a total of eight (8) lots. This would increase the number of lots from a total of four (4) to a total of eight (8). The four existing lots (Lots A and B of RE -2956 and Lots A and B of RE -2959) are presently vacant. The existing parcels are access by a 60 -foot access and utility easement that is privately maintained. The applicants recorded covenants for RE -2956 and RE -2959 (also known as Mountain View Estates) that govern future construction (building height, setbacks...) along with access maintenance requirements of the 60 -foot access and utility easement. The applicants have a provision in the existing covenants prohibiting the future subdivision of lots. If approved, there is a provision for the recording of amended covenants (reflecting the additional lots). The Department of Planning Services staff has reviewed this request and recommends that this request be denied for the following reasons: SERVICE, TEAMWORK, INTEGRITY, QUALITY 2009-2421 1. It is the opinion of the Department of Planning Services• staff that the applicant has not shown compliance with the following criteria as listed in Section 24-8-40.A through 24-8-40.O of the Weld County Code: Section 24-8-40.J: "The proposal is consistent with sound land use planning practices." - The proposed recorded exemptions will be sharing a common access. The number of lots to be created (a total of 8 if all four recorded exemptions are approved) is consistent with a non - urban scale subdivision or Planned Unit Development (PUD). A PUD process is the appropriate process to address this proposal as the recorded exemption process does not provide the appropriate review process to address concerns such as access, emergency services and school district requirements. Section 24-8-40.K: "The proposal is consistent with the Statement of Purpose as expressed in Section 24-1-30 of this Chapter." A. Assisting orderly and integrated development. B. Promoting the health, safety and general welfare of the residents of the County. C. Encouraging well -planned subdivisions by establishing adequate standards for design and improvement. Staff believes that the number of lots sharing a common access road is non -urban scale development and should be reviewed through the PUD process. The recorded exemption process is an exemption from the subdivision process and is not adequate to address access, emergency services, school district... concerns. There is also not a public notice requirement for recorded exemptions which is required for non -urban scale PUDs which allows the public to express any concerns/issues with the development. Should the Board of County Commissioners approve this request, the Department of Planning Services. staff recommends the following conditions be attached: 1. A Weld County septic permit is required for any proposed home. The septic system shall be installed according to the Weld County Individual Sewage Disposal System (I.S.D.S.) regulations. 2. Topographic or physical features of the proposed Lot A, such as ravines, ditches, streams etc. may limit the area available for a new or replacement septic system. Prior to recording the plat the Weld County Department of Public Health and Environment recommends that the applicant review the Weld County Code pertaining to septic systems to assure that any installed septic system will comply with all setback requirements found in the Code. In the event the proposed lot is not of sufficient size to allow the installation of a septic system the lot may need to be enlarged. 3. The West Greeley Soil Conservation District has provided information regarding the soils on the site. The applicant shall review the information and use it to positively manage on site soils. 4. Prior to recording the plat: A. The plat shall be titled: Recorded Exemption No. 1061-5-1 RE -4815 B. Lots A and B shall use the existing access point off of State Highway 60 as no additional accesses shall be granted. C. All approved accesses shall be clearly shown on the plat. SERVICE. TEAMWORK, INTEGRITY, QUALITY D. State Highway 60 requires 150 feet right-of-way at full build out. A total of 75 feet from the centerline of State Highway 60 shall be delineated as future right-of-way for State Highway 60. E. The applicant shall address the requirements of the Colorado Department of Transportation (CDOT) as stated in their referral dated June 2, 2008. The applicant shall provide to the Weld County Department of Planning Services a copy of the access permit issued by the Colorado Department of Transportation (CDOT) which grants access to State Highway 60, or written evidence that the applicant has complied with the requirements of the Colorado Department of Transportation (CDOT). A 60 foot wide access and utility easement for Lots A and B of RE -4815, RE -4816, RE -4817 and RE -4818 shall be indicated on the plat (in the same location as 60 -foot access easement on the RE -2956 plat recorded under reception # 2861021). The joint easement shall be dedicated for the use as shown using the language set forth in the Weld County Code, Appendix 24-F.2. The easement shall be graded and drained to provide all weather access. G. The applicant shall submit an amended declaration of protective covenants (to address the access and additional lots) for RE -4815, RE -4816, RE -4817 and RE -4818 (also know as Mountain View Estates) for review by the County Attorney's Office and Department of Planning Services. Upon approval, the applicant shall submit finalized copies of the amended covenants and the appropriate fee ($6 for the first page and $5 for each additional page) to the Department of Planning Services for recording in the Office of the Clerk and Recorder. (Department of Planning Services) The applicant shall submit a Private Improvements Agreement according to policy regarding collateral for improvements and post adequate collateral for access improvements. The applicant shall submit to the Department of Planning Services an itemized landscaping bid for review. The agreement and form of collateral shall be reviewed by County Staff and accepted by the Board of County Commissioners prior to recording the recorded exemption plat. Or the applicant may submit evidence that all the work has been completed and approved by the Department of Public Works. I. The applicant shall attempt to address the requirements of the Berthoud Fire Protection District and stated in their referral and attached RE -2959 referral and letter received June 6, 2008. Written evidence of such shall be provided to the Department of Planning Services. J. The applicant shall address the requirements of the Little Thompson Water District as stated in their letter dated May 16, 2008. Written evidence of such shall be provided to the Department of Planning Services. K. The applicant shall address the requirements of the Thompson R2J School District as stated in their referral response dated August 21, 2009. Written evidence of such shall be provided to the Department of Planning Services. L. Lot A shall comply with the one (1) acre net minimum lot size required by Section 24-8-40.L of the Weld County Code. Net acreage calculations should not include reserved road right- of-way. M. The applicant shall provide the Weld County Department of Planning Services with a Statement of Taxes from the Weld County Treasurer showing no delinquent taxes exist for the original parcel. N. The following notes shall be placed on the plat: 1) All proposed or existing structures will or do meet the minimum setback and offset requirements for the zone district in which the property is located. Pursuant to the definition of setback in the Weld County Code, the required setback is measured from the future right-of-way line. No building or structure as defined and limited to those occupancies listed as Groups A, B, E, F,H, I, M and R in Section 302.1 of the 2003 International Building Code, shall be constructed within a 200 -foot radius of any tank battery or within a 150 -foot radius of any wellhead. Any construction within a 200 -foot radius of any tank battery or 150 -foot radius of any wellhead shall require a variance from the terms of the Section 23-3-10 of the Weld County Code. 2) Any future structures or uses on site must obtain the appropriate zoning and building permits. 3) Lot A is not eligible for a future land exemption in accordance with Section 24-8- 20.C.1 of the Weld County Code. 4) Prior to the release of building permits, the applicant shall submit a recorded deed describing the Lot upon which the building permit is requested with the building permit applications. The legal description on such deed shall include the Lot designation and Recorded Exemption number. 4) Prior to the release of building permits, the applicant shall submit evidence to the Department of Planning Services that Lots A and/or B has an adequate water supply of sufficient quality, quantity and dependability. 5) Should noxious weeds exist on the property or become established as a result of the proposed development the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to Chapter 15, Articles I and II of the Weld County Code. 6) Building permits shall be obtained prior to the construction of any building. Buildings that meet the definition of an Ag Exempt Building per the requirements of Section 29- 1-20 and Section 29-3-20.B.13 of the Weld County Code do not need building permits, however, a Certificate of Compliance must be filed with the Planning Department and an electrical and/or plumbing permit is required for any electrical service to the building or water for watering or washing of livestock or poultry. 7) Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11) 8) Effective August 1, 2005, Building permits issued on the subject site will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Storm water/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40) 9) Prior to the release of building permits on Lots A and/or B, the Lot owner shall verify with the nearest Town/City or Sanitation District to determine the location of the nearest sanitary sewer line. In accordance with the Weld County Code, if a sewer line exists within four hundred (400) feet of the property line and the sewer provider is willing to serve the proposed structure, a septic permit cannot be granted by the Weld County Department of Public Health and Environment. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. 10) Potential Purchasers are hereby notified that a confined animal feeding operation (USR-576 — a dairy for up to 1,000 cows and USR-590 — a dairy for up to 2,000 cows) is located directly east of the intersection of County Road 7 and State Highway 60. Off -site impacts that may be encountered include noise from trucks, tractors and equipment; dust from animal pens and odors from animal confinement, silage, and manure. 11) Recorded Exemptions on adjacent properties may raise the issue of compliance with the intent of the Recorded Exemption Process. Approval of this Recorded Exemption does not guarantee approval of future applications on adjacent properties. 12) WELD COUNTY'S RIGHT TO FARM: 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 intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with longstanding agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural area: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those 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 a rural area. Well run agricultural activities will generate off -site impacts, including noise from tractors and equipment; slow -moving farm vehicles on rural roads; dust from animal pens, field work, 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 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 from 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 are of the lowest priority for public works or may be the private responsibility of the 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 county 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. 5. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. Upon approval of the paper copies the applicant shall submit a Mylar plat along with all other documentation required as conditions of approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services Staff. The plat shall be prepared in accordance with the requirements of Section 24-8-60 of the Weld County Code. The Mylar plat and additional requirements shall be submitted within sixty (60) days from the date of the Board of County Commissioners resolution. The applicant shall be responsible for paying the recording fee. 6. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not be recorded within the required sixty (60) days from the date the Administrative Review was signed a $50.00 recording continuance charge may be added for each additional 3 month period. The Department of Planning Services respectfully requests the surveyor provide a digital copy of this Recorded Exemption. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to maps@co.weld.co.us. 8. The Weld County Department of Planning Staffs approval of this Recorded Exemption Application is based on satisfying the Conditions of Approval. Should an applicant be unwilling or unable to meet any one of these conditions within 60 days of approval, then this case will be forwarded to the Weld County Board of County Commissioners with a staff recommendation for denial. r fi WELD COUNTY, COLORADO DEPARTMENT OF PLANNING SERVICES 918 10T" STREET GREELEY, CO 80631 PHONE: 970-353-6100, EXT. 3540 / FAX: 970-304-6498 Date: r; i3 201: Receipt No. 11.56 Received From: WO ON 1 J L4 //./v Permit Type No. Description Fee 4221-RE/SE / L M ' ' /oaf) --- 4221-ZPMH 4221-USR 4221 -SITE PLAN REVIEW 4221 -CHANGE OF ZONE 4221-PUD 4221-MINOR/MAJOR SUB # OF BUILDABLE LOTS 4221 -ADDITIONAL 30% FEE FOR SUB's 4221 -RE -SUBDIVISIONS 4221 -BOA 4221-FHDP/GHDP 4430 -MAPS / POSTAGE 4430 -COPIES 4730 -INVESTIGATION FEE 6560 -RECORDING FEE MISC. OCASH OCHECK NO.JL Receipted By:72.e,i DL# _ TOTAL FEE Exp. W‘sctir. i�Yc CpIgRADD May 30, 2008 Ivar & Donna Larson Attn: Steve Stencel Intermill Land Surveying 1301 N Cleveland Av Loveland CO 80537 DEPARTMENT OF PLANNING SERVICES NORTH OFFICE 918 10TH Street GREELEY, CO 80631 PHONE: (970) 353-6100, Ext. 3540 FAX: (970) 304-6498 Subject: RE -4815 - A Recorded Exemption located on a parcel of land described as Lot B of RE -2956; Part of NE4 Section 5, T4N, R68W of the 6th P.M., Weld County, Colorado. Dear Applicants: Your recorded exemption application is being processed. If it is determined that the application meets the approval criteria of Chapter 24 of the Weld County Code, you will be notified that the recorded exemption is approved. If the staff determines that the application does not meet the approval criteria or if staff has concerns with the application, staff may elect to forward the application for review to the Board of County Commissioners. You will be notified and asked to appear before the Board of County Commissioners at a public hearing. You will be informed of the hearing date prior to the hearing. The Board of County Commissioners will then consider your application and make a final decision on the recorded exemption. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the Berthoud and Johnstown Planning Commission for their review and comments. It is recommended that you and/or a representative be in attendance at the Berthoud and Johnstown Planning Commission meeting to answer any questions the Commission members may have with respect to your application. Please call Berthoud at 970-532-2643 and Johnstown at 970-587-4664, for further details regarding the date, time, and place of this meeting. If you have any questions concerning this matter, please call me. Sincerely, Chris Gathman Planner 6Gt:vr Willie REQUEST: LEGAL: LOCATION: PARCEL ID #: APPLICATION FLOW SHEET APPLICANT: Ivar & Donna Larson CASE#: RE -4815 Two -Lot Recorded Exemption. Lot B of RE -2956; Part NE4 5-4-68 south of and adjacent to State Highway 60 and approximately 1/8 mile west of CR 5. 106105000039 ACRES: +/- 4.8 acres Date B Application Received 5/28/08 Application Completed 5/28/08 Referrals listed 5/29/08 CG Vicinity map prepared File assembled (2730/08 //y� IC Case logged in computer Letter to applicant mailed C 2. Referrals mailed Field check by DPS staff Administrative Review decision: c.4 pp t& - wO C q i i ci Date B ...v... �. �.. �..... ..1 .......�-.-..-.-.._-. ...�I ♦---„ --- County Commissioners Hearing Date Surrounding property owners notified Presentation prepared CC action: CC resolution received Date Plat recorded and filed B y Overlay District Zoning MUD Yes _ IGA Yes _ Airport Yes _ Geologic Yes Flood Hazard Yes s (ai( SS c-y�' \ � Agricultural c• u r T cr \ ° pore. p,5fa`. e�` " No X �---..e, Vi"K vs 5S No X ottai 1� No X vc- �, / °A%. '‘e'- S(_\..m\ .r- i No X �,5 `L' 2' ' Panel 45 I #080266 �� n ' i No X 7 v '? VXJ�rV I 11Cvv- 5i1 rip y)),I-A t� '/L v Scb 4\G yo-„; "`a .,C 5F�klISL ' 9�c.)- �.. �. 6 o RECORDED EXEMPTION (RE) APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT # /AMOUNT # /$ CASE NUMBER: APPLICATION RECEIVED BY: PLANNER ASSIGNED: Parcel Number: 1 0 6 1- 0 5- 0 - 0 0- 0 3 9 (12 digit number - found on Tax I.D. Information, obtainable at the Weld County Assessor's Office, or www.co.weld.co.us). Legal Description Lot B of RE - 2956 , Section 5 , Township 4 North, Range 68 West Has the property been divided from or had divided from it any other property since August 30, 1972? Yes X No Is this parcel of land, under consideration, the total contiguous land owned by the applicant? Yes No X FEE OWNERS(S) OF THE PROPERTY (If additional space is required, attach an additional sheet) Name: Ivar W. Larson and Donna M. Larson Work Phone # 970-227-5683 Home Phone # 970-532-3361 Email Address Address: 925 N. County Line Road, Rte 1 City/State/Zip Code: Berthoud, CO 80513-9251 APPLICANT OR AUTHORIZED AGENT (See Below: Authottation must accompany applications signed by Authorized Ageng Name: Intermill Land Surveying, Inc. (Attn: Steve Stencel) Work Phone # 970-669-0516 Home Phone # Address: 1301 N. Cleveland Avenue City/State/Zip Code: Loveland, CO 80537 Email Address intermill@gwestnet Lot A Smaller Parcel Lot B Lot C Lot D Water Source LTWD L7WD Type of Sewer Proposed Septic Proposed Septic Proposed Use Res Res Acreage t2.4 Acres t2.4 Acres Existing Dwellings? If Yes: list address below: If Yes: list address below: If Yes: list address below: If Yes: list address below: -tt the proposed property is vacant or unimproved write proposed water source and proposed sewer system for each parcel in the blanks above. For example, if a well and septic is proposed state: proposed wel , proposed septic. I (We) request that the following property be designated a Recorded Exemption by the Weld County Board of County Commissioners. I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correct to the best of my (our) knowledge. Signatures of all fee owners of property must sign this application. If an Authorized Agent signs, a letter of authorization from all fee owners must be included with the application. If a corporation is the fee owner, notarized evidence must be inc,i&4d showing the signatory has the legal authority to s L for the corporatio 7 „ Signature: Own Authorized Agent Date Signature: Owner or Authori d agent Date -4- RECORDED EXEMPTION QUESTIONNAIRE Parcel No(s). Legal Description: 1061-05-0-00-039 Lot B of Recorded Exemption 1061-05-1 RE -2956 Fee Owner(s): Ivar W. Larson 925 County Line Road, Rte 1 Berthoud, Colorado 80513-9251 Donna M. Larson 925 County Line Road, Rte 1 Berthoud, Colorado 80513-9251 Domestic Water: Water service for both Lot A and Lot B will be provided by Little Thompson Water District. The letter of commitment for service is attached hereto and included in this packet. Irrigation Water: Neither Lot A nor Lot B will be used for farming or other agricultural purposes. Neither Lot A nor Lot B will have rights to irrigation water. Sewage Disposal: No sewage services exist at present. At such a time as construction is proposed, both lots will apply for permits and construct I.S.D.S. according to Weld County requirements. Current Usage: The property is entirely vacant land. No residences or other improvements exist on the site, the area is not used for agriculture or livestock purposes, and there are no oil/gas facilities in place. New Lots: The new lot line will effectively split the existing property into approximately equal halves: the North portion will become Lot B and the South portion will become Lot A, each comprising 2.4 acres, more or less. Unique Physical Characteristics: There are no unique or distinguishing characteristics about the site. Building Envelope: No building envelopes are being requested. A Special Uses: There are no businesses in place, and no Use by Special Review permits affect the property. DECLARATION OF PROTECTIVE COVENANTS FOR RECORDED EXEMPTION 1061-05-1RE-2956 AND RECORDED EXEMPTION 1061-15-1RE-2959 (also known as MOUNTAIN VIEW ESTATES) Recorded Exemptions situated in Weld County, Colorado, This Declaration of Protective Covenants running with the land is made by the Owners of all of the Real Property to be known as MOUNTAIN VIEW ESTATES , which Property is described in those certain recorded exemption plats recorded for Recorded Exemptions 1061-05-1RE-2956 and 1061-05-1RE- 2959, located in: Section 5, Township 4 North, Range 68 west of the 6th Principal Meridian, Weld County, Colorado. RECITALS 1. Declarants are the Owners in fee of all of the above -described land in those recorded exemptions sometimes referred to hereafter as Mountain View Estates or the "Property". 2. It is the intention and desire of the Declarants to set forth this Declaration of Protective Covenants in order to promote the harmonious and attractive development of the Property for the health, comfort, safety, convenience, and general welfare of the present and subsequent Owners of the Property and each portion thereof NOW THEREFORE, Declarants hereby declare that the Property is subject to the following protective covenants which shall run with the land for the benefit of and be binding upon each present and subsequent Owner of any portion of the Property and their respective grantees, successors, personal representatives, and assigns. ARTICLE I DEFINITION OF TERMS 1.01 As used in this Declaration, the following terms shall have the meanings indicated: Architectural Control Committee: The committee described in Article V of this Declaration. Association: Mountain View Estates Owners Association. The members of which shall be all of the several owners of the lots within the Property. Board: The duly elected Board of Directors of the Association. Bylaws. The duly adopted Bylaws of the Association as the same may be amended from time to time. Colorado Common Interest Ownership Act (sometimes also referred to herein as "CCIOA"): The applicable provisions of Colorado statutes known as the "Colorado Common Interest Ownership Act", which is now codified as Article 33.3 of Title 38, Colorado Revised Statutes, as may from time to time hereafter be amended. Common Elements: The Plats of Recorded Exemptions 1061-05-1RE-2956 and 1061-05- 1RE-2959, also known as Mountain View Estates, describe roads, irrigation and utility easements as shown upon the Plats. Those are called common elements. Declarant: The Owner of the Property whose signature is affixed to this Declaration. Owner: The record fee Owner or Owners if more than one of a lot, including Declarant so long as any lot remains unsold. Plats: The Plats of Recorded Exemptions 1061-05-1RE-2956 and 1061-05-1RE-2959 also known as Mountain View Estates, located in Section 5, Township 4 North, Range 68 west of the 6th Principal Meridian, Weld County, Colorado. Property: All of the real Property known as Recorded Exemptions 1061-05-1RE-2956 and 1061-05-1RE-2959 also known as Mountain View Estates. ARTICLE 11 LAND USE CONTROL 2.01 Land Use and Building Type. No lot shall be used except for residential and related purposes. No building other than outbuildings permitted by paragraph 2.02, shall be erected, altered, placed, or permitted to remain on any lot other than one (1) detached single family dwelling not to exceed two and one-half (2 1/2) stories in height above finished grade level, which must include a private garage for no more than three (3) automobiles. The Architectural Control Committee may authorize a garage for more than three automobiles if the Architectural Control Committee determines that the same is compatible with the harmonious and attractive development of the area. Dwellings must be built on - site, and no pre -fabricated, previously built, or modular homes shall be permitted upon the Property. Dwelling construction must be completed within one (1) year after the date of construction commencement. Out buildings are permitted in accordance with Section 2.02. 2.02 Out Buildings. Subject to the prior approval of the Architectural Control Committee, permitted out buildings are stables, barns, pool houses, or other structures determined by the Architectural Control Committee to be compatible with the purposes and intent of this Declaration. In no case shall out buildings exceed the height of one (1) story above finished grade level. Out buildings must be of similar color, design, and quality with the principal dwelling on the Property. Page 2 of 17 2.03 Dwelling Quality and Size. No dwelling shall be erected on any lot having an enclosed floor area on the main level of less than one thousand four hundred (1,400) square feet, exclusive of porches, garages, and basements. For purposes of this section, the main level shall be that level of the dwelling at or closest to finished grade level which is most immediately reached by the front entrance to the dwelling. If any dispute arises as to what constitutes the main level of a dwelling, the decision of the Architectural Control Committee shall be conclusive and controlling. No trailer, basement, tent, shack, garage, barn, or other building shall be used as a residence, temporarily or permanently at any time, nor shall any structure of a temporary character be used- as a residence. All dwellings shall possess wood, stucco, brick, or stone exteriors, or a combination thereof unless specifically approved by the Architectural Control Committee. No building, fence, out building, or other structure shall be erected, placed, or altered on any lot until the proposed building plans, specifications, exterior color and finish, plat plan (showing the proposed location of such building or structure, driveways and parking areas) , and construction materials shall have been approved by the Architectural Control Committee. The Architectural Control Committee shall have the full discretion to approve and deny such plans so as to insure the best use and the most appropriate development and improvement of each building site, to protect the Owners of building sites against inappropriate use of surrounding building sites as will depreciate the value of the Property; to preserve, so far as is practicable, the natural beauty of the Property; to guard against the erection of poorly designed structures and structures built of improper or unsuitable materials; to obtain harmonious color schemes; to insure the highest and best development of said Property; to encourage and secure the erection of attractive homes and other permitted structures thereon, with appropriate locations thereof on building sites; to prevent haphazard and inharmonious improvement of building sites; to secure and maintain proper setbacks from streets and in general to provide adequately for a high type and quality of improvements on said Property and thereby enhance the value of improvements on the Property. 2.04 Repairs. My repairs to or reconstruction of dwellings, out buildings, fences, etc. , whether due to wear and tear or natural causes (such as wind, hail, fire, flood, etc.), shall be subject to and in accordance with the covenants herein. Removal of damaged structures, or the repair and reconstruction of such damaged structures, shall be promptly undertaken and completed no later than one (1) year from the date of damage. 2.05 Nuisance. No lot shall be used in such a manner as to obstruct or interfere with the enjoyment of Owners of other lots or annoy them by unreasonable noises, lights, odors, or otherwise, nor shall any nuisance or illegal activity be committed or permitted to occur on any lot. No exterior horn, whistle, bell, or other sound devices except security devices used exclusively to protect the security of the Property and the Owners or occupants thereof shall be placed or used on any part of the Property. 2.06 Animals. Up to one (1) adult large animals per useable pasture acre and their unweaned offspring may be kept on each lot except as provided in this section. For purposes of this paragraph, large animals consist of horses, cattle, mules, llamas, vicuna, sheep and such other animals as the Board may from time to time hereafter approve as permissible large animals to keep upon the Property. Dogs, cats, and other household pets and small animals may be kept provided that the number thereof do not result in unsanitary conditions or a nuisance or annoyance to the Owners of other lots. The Board may adopt Page 3 of 17 from time to time such rules and regulations as it deems appropriate regarding the type, quantity and requirements for keeping such household pets and small animals In addition, the Board shall have the right, on a selective basis, to permit up to two (2) additional adult large animals to be kept on a lot if, in the judgment of the Board, suitable Elements have been erected for the maintenance and care of such animals. The Board shall have the right to develop the standards of care and maintenance which must be met as a condition to permitting the keeping of additional animals. Notwithstanding the foregoing, unless hereafter approved by the Board, no swine may be kept on a lot, and no chickens, ducks, geese, pea hens, or other non -household birds or poultry may be kept on any lot. All animal enclosures shall be erected and maintained in accordance with the covenants herein and the rules and regulations regarding the same as may from time to time be adopted by the Board. Any decision by the Board regarding type and number of animals which may be kept upon any lot, shall not be effective unless and until it has been reduced to writing. Any such decision may be later rescinded or modified by the Board, and any lot Owner affected by such recision or modification shall have a reasonable time, not to exceed forty-five (45) days to comply with such recision or modification. 2.07 Keeping of Animals. Large animals maintained on any lot pursuant to Section 2.06 must be kept within an enclosed corral, pen, or other enclosure, which enclosure must be kept in a neat, clean, and orderly condition at all times. Small animals shall be properly housed or penned to confute them on the lot. Appropriate measures must be maintained to control flies and other pests on the and within such enclosures and for the disposition of waste and similar matter. The Board shall have the authority to establish standards for the maintenance of animals, including the minimum and maximum size of permitted enclosures, the type of materials which may be used in their construction, and other similar matters which, in the judgment of the Board, shall be deemed appropriate for the health, safety, and maintenance of the Property and its occupants. It is specifically understood that the Board may require Owners to take such measures as may be necessary to prevent the overgrazing of each lot and the destruction of vegetation on each lot. 2.08 Rubbish. No lot shall be used or maintained as a dumping ground for rubbish. All trash, garbage, and other waste shall be kept in sanitary containers, and all such containers shall be maintained in a good, clean condition. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. Wood shavings, saw dust, and waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 2.09 Slang. No sign of any kind shall be displayed to the public view on any lot except: (i) one sign of not more than five (5) square feet advertising the lot for sale or rent; (ii) signs used by a builder to advertise the Property during the construction and sales period; and (iii) such other signs as the Board may, from time to time, approve. 2.10 Easements. A. Utility and Irrigation Easements. Easements for the installation and maintenance of utilities and irrigation and related Elements are reserved as shown on the recorded plats of the Property. Within these easements, unless approved by the Board, no structure, planting, or other materials Page 4 of 17 shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities, or which may change the direction of flow, or obstruct or retard the flow of water in and through the easements. The easement area of each lot and all improvements in it shall be maintained continuously by the Owner of the lot except for those improvements for which a public authority, or one or more utility companies, or the Association is responsible. The Association shall have the right to enter upon such easements from time to time as the Board may determine necessary or appropriate to construct, maintain or repair any ditches or other elements for irrigation purposes which benefit the Association. The Association shall not be responsible for any damage to any property or landscaping of any lot owner, including any damage occurring outside the easement area from equipment or operations, if such damages are reasonably unavoidable. If any such work is done by the Association as a result of failure of a lot Owner to comply with these covenants or to properly maintain the easement area, the cost shall be assessed against such Owner and shall be recoverable by the Association in the same manner and fashion as general and special assessments with all the remedies and rights for recovery and collection as provided in Article IV of this Declaration. B. Private Access Easement and Public Utility Easement. Each lot owner shall have the joint and mutual use of the private access easement and public utility easement shown upon the plat of the Property. No lot Owner shall interfere with the usage of such easement area for such purposes. The maintenance and repair of the easement and any improvements thereon shall be the responsibility of the Association. 2.11 Fences. All fences, walls, hedges and plantings adjacent to public roads shall be in compliance with any applicable site line requirements established by the governmental authority having jurisdiction. All fences, walls, hedges, and shrub plantings shall be maintained in a clean, neat, and orderly condition at all times. Wire, metal fabric, and chain link fences are not permitted on any portion of a lot in front of the dwelling. 2.12 Vehicles. No trucks, vans, campers, or vehicles other than passenger cars, or pickup or utility trucks with a capacity of one (1) ton or less shall be parked overnight on the private access easement. No work of automobile repair or maintenance shall be performed except within the confines of an Owner's lot. No abandoned, inoperable, or junk vehicle may be stored on any part of the Property. All motorized equipment including motor vehicles, motorcycles and motorbikes, tractors, and any other motorized equipment used on any lot must be properly equipped with mufflers so as to reduce to the greatest degree practicable the noise of operation. The hours of operation of any motorized equipment shall be confined to the period of time commencing at 7:00 a.m. and ending at 7:00 p.m., unless the Board establishes different hours hereafter. No bus, large commercial -type vehicle (including, but not limited to, any dump truck, cement mixer truck, oil or gas truck, delivery truck, back hoe, bulldozer, or semi -tractor or trailer) shall be parked, stored or kept outside on the Property. No vehicle or equipment shall be kept, parked or stored on or within the private access easement area. 2.13 Fires and Firearms. There shall be no exterior fires permitted on the Property except barbecue fires contained within elements or receptacles specifically designed for such purposes, or those fires for which a permit has been granted by governmental authority. No Owner shall permit any conditions on Page 5 of 17 his lot which create a fire hazard or are in violation of fire prevention regulations. No firearms shall be discharged within the Property. 2.14 Towers. Masts, Antennas, and Satellite Dishes. No radio or television antennas, masts, or towers shall be permitted which rise (at the highest point of extension) higher than six feet (6) above the uppermost point of the roof of the principal building being served. No more than one (1) such antenna, mast, or tower shall be permitted for any dwelling unit, and no such antenna, mast, or tower shall be affixed to or serve a stable or other accessory building. The allowance of and the placement of satellite dishes is restricted to the discretion of the Architectural Control committee. 2.15 Outside Storage. A. Outside storage of more than five (5) pieces of farm equipment on any lot is prohibited. No construction machinery shall be stored outside on any lot. B. No gasoline, paint or any other toxic, hazardous or flammable liquid or gas, other than propane, shall be stored on any lot in quantities in excess of fifteen (15) gallons, unless written approval thereof is obtained from the Board, and such storage is in compliance with all applicable safety standards and regulations. C. All unsightly conditions and equipment shall be enclosed within a structure approved by the Architectural Control Committee, including any snow removal equipment or garden or maintenance equipment except when in actual use. 2.16 Agricultural Use. The agricultural use of each lot shall be limited to gardens, pasture, hay production and/or orchard and proper conservation measures must be utilized to prevent blowing dust and soil erosion. Weeds must be kept continuously cut or otherwise continuously controlled on all grounds including grounds not used for lawns or gardens. 2.17 Building Location. Unless otherwise approved by the Architectural Control Committee, no building shall be located on any lot nearer than seventy five feet (75) to the front lot line, nor fifty feet (50) to any side lot line. No building or any portion thereof including eaves and overhangs shall ever encroach upon any adjacent lot. 2.18 No Subdivision of Lots. No lot shall hereafter be subdivided. 2.19 Irrigation Ditch. The following restrictions apply to Consolidated Home Supply Ditch and Reservoir Company ditch: A. No livestock watering, swimming, tubing, canoeing or other use of the ditch or water in the ditch is allowed; Page 6 of 17 B. No dumping of refuse, including but not limited to household garbage, waste materials, grass clippings, tree and shrub prunings, motor oil, chemicals, pesticides or herbicides is allowed; C. No pumps for lawn or other irrigation are allowed in the ditch; D. No use of the ditch easement for hiking, biking, horseback, motorcycle, off road vehicles or other motorized or non -motorized vehicle shall be allowed. ARTICLE III OWNERS ASSOCIATION 3.01 The Association. Each Owner of each lot within the Property shall be a member of the Association. Status as an Owner of a lot is the sole qualification for membership, such membership being deemed an incident of ownership of a lot. For purposes of this Section, a husband and wife, or other individuals who jointly own a lot, shall be deemed to constitute a single Owner of a lot. An individual's membership in the Association shall commence as of the date that he receives title to a lot and shall terminate on the date of termination of his Ownership of a lot. 3.02 Classes of Membership and Voting Rights. The Association shall have two classes of voting membership. Class A members shall be the Owners of lots except the Declarants, and each Class A membership shall be entitled to one (1) vote for each lot owned by a Class A member. The Class B membership shall be the Declarants, and the Class B member shall be entitled to three (3) votes for each lot owned by the Declarants. In the event a lot is owned by (2) or more persons, whether by joint tenancy, tenancy in common, or otherwise, the vote for such lot shall be exercised as the Owners thereof shall determine but the vote attributable to such lot shall be cast by only one (1) of the Owners of such lot who shall be designated by the several owners of such lot in writing prior to or at the time the vote is cast. In the absence of such designation by such Owners and until such designation is made, the Board of Directors of the Association shall make such designation. No vote may be cast or counted for any lot for which assessments, fees, dues, or other monies are in defauh of payment at the time votes are counted. 3.03 Board of Directors. The affairs of the Association shall be conducted by a Board of Directors (the "Board"). The powers and duties of the Board shall include, but not be limited to the following: A. To enforce all of the applicable provisions of this Declaration. B. To maintain the Common Elements as provided in Section 4.01. C. To contract for and pay for the cost of providing the maintenance functions described in Article IV out of funds collected by the Board. Page 7 of 17 D. To levy and collect the costs of maintenance as provided in Article IV hereof and to make or authorize the expenditures therefrom as hereinafter described. E. To receive and process complaints from Owners with respect to any provisions of this Declaration. F. To adopt such rules and regulations as the Board from time to time may deem necessary or appropriate to carry out the provisions of this Declaration. G. To render such discretionary decisions as are vested in the Board pursuant to this Declaration. H. To obtain and exercise usage of water rights to the benefit of the Association and its members, and to comply with and fully perform any requirements related to the waters located on or flowing on the Common Elements. To impose charges for late payment of assessments, recover reasonable attorney fees and other legal costs for collection of assessments and other actions to enforce the power of the Association, regardless of whether or not suit was initiated, and, after notice and an opportunity to be heard, levy reasonable fines for violations of the Declaration, Bylaws, and Rules and Regulations of the Association, and to establish the rate of interest to be assessed for all sums which may be payable to the Association. J. To obtain and keep in force such insurance as the Board may from time to time deem appropriate including, but not limited to, casualty and liability, worker's compensation, errors and omissions coverage for officers, directors, employees and members of the Association, insurance for indemnification of officers, directors and members of the Association acting on behalf of and for the benefit of the Association, and such other insurance that the Board may deem appropriate. K. To exercise all powers and rights granted to the Association by the provisions of the Colorado Common Interest Ownership Act, as from time to time amended. L. To take such other action or to incur such other obligations whether or not herein expressly specified as shall be reasonably necessary to perform the Association's obligations hereunder, subject to the approval of the members of the Association. 3.04 Election of Board Members. The initial Board of Directors shall consist of one (1) person appointed by the Declarant, who shall serve until his or her successors is elected at the first annual meeting of the members of the Association. The number of directors shall be three (3) and the term of each director shall be one (1) year. Each Class A member in the Association shall have the right to cast one vote for each vacancy to be filled on the Board of Directors at each annual meeting. Each Class B member shall have the right to cast three (3) votes for each vacancy to be filled on the Board of Directors at each annual meeting. Cumulative voting shall not be allowed. The candidate, or if more Page 8 of 17 than one (1) vacancy exists, the candidates, receiving the most votes shall be deemed elected. 3.05 Meetings of the Association and Officers. The number and type of officers, and the provisions for regular and special meetings of the Association shall be as provided from time to time by the Bylaws of the Association. 3.06 Coordination with Bylaws. Except as may be otherwise provided herein for action of the Board regarding interest upon unpaid assessments, the provisions of this Declaration provide the minimum substantive terms for the enforcement of this Declaration by the Board and the Architectural Control Committee. Further additional provisions for the operation of the Board and the Architectural Control Committee may in the future be set forth by the Bylaws of the Association and by appropriate resolutions or rules and regulations adopted by the Board or the Architectural Control Committee which supplement and further the intent and purposes of this Declaration. In the event any conflict occurs between the provisions of this Declaration and such Bylaws or resolutions, then this Declaration shall control and to the extent possible, the conflicting Bylaws, resolutions or rules and regulations shall be construed to be effective where it promotes the interest of the provisions of this Declaration and invalid where in derogation of these Declarations. 3.07 Transfer The membership held by any Owner shall not be transferred, pledged or alienated in any way, except upon the sale of the Owner's lot, and then only to the purchaser of such lot. A prohibited transfer is void and will not be reflected upon the books and records of the Association. 3.08 Delegation of Use. The Board may from time to time establish rules and regulations regarding the delegation by an Owner of rights of use and enjoyment of the Common Elements to such Owner's tenants or purchasers. ARTICLE IV MAINTENANCE, BUDGET, ASSESSMENTS 4.01 Maintenance of Common Elements. The Association shall be responsible for the maintenance of the private access easement within the Property until and unless such maintenance obligation is assumed by the County of Weld, Colorado, or by any other governmental body. As long as the Association is responsible for road maintenance, the Association shall take all steps necessary to insure that the private access easement is maintained, repaired, and improved to appropriate standards as determined by the Board. The Association shall be responsible for providing for such snow removal during winter months as the Board shall deem appropriate and shall have the authority to contract for such work as necessary. 4.02 Failure of Association to Maintain Common Elements. In the event the Association shall fail to maintain the Common Elements in a reasonable order and condition in accordance with the original plan submitted to the Board of County Commissioners with the final subdivision Plat for the Property, the Board of County Commissioners for Weld County may serve written notice upon the Association, or upon the Owners, setting forth the manner in which the Association has failed to maintain the Common Elements in a reasonable condition, and said notice shall include a demand that such deficiencies of Page 9 of 17 Elements, and for errors and omission or other insurance protection designed to provide defense and insurance coverage to the officers of the Association in connection with any matters arising from Association business and the performance of the officers of the Association or related to their status as officers. 4.05 Special Assessments. In addition to the monthly maintenance charge to be assessed against each owner pursuant to Section 4.04, the Board may, from time to time, levy and collect special assessments to cover extraordinary charges or expenses not anticipated by the annual budget approved by the Association. Unless approved by a majority of the Owners, the aggregate of all special assessments levied in any calendar year shall -not exceed twenty-five percent (25%) of the budgeted gross expenses of the Association for such fiscal year. Notwithstanding the foregoing, the costs incurred by the Association to remedy any default by an owner of the owner's obligation under this Declaration, may be assessed against such Owner without establishment of any special assessment or other procedure, and may be collected from such Owner in the same manner as provided in paragraph 4.07 and paragraph 4.08 below. Any charges imposed for late payment, attorney fees and costs, and fines shall be deemed to be assessments against the Owner's lot and recoverable and subject to the same rights and remedies available to the Association for all other assessments. 4.06 Accounting. All funds collected by the Association shall be promptly deposited into a commercial bank account and/or a savings and loan account in an institution to be selected by the Board. No withdrawal shall be made from said account except to pay the obligations of the Association. No later than ninety (90) days from the end of each calendar year the Board shall distribute to each Owner an operating statement reflecting the income and expenditures of the Association for the previous calendar year. The Board shall maintain complete and accurate books and records of its income and expenses in accordance with generally accepted accounting principles consistently applied and shall file such tax returns and other reports as shall be required by any governmental entity. The books and records shall be kept at the office of the Association and shall be open for inspection by any Owner or by the holder of any first deed of trust or mortgage of record at any time during normal business hours following reasonable advance notice of the request for inspection. 4.07 Creation of Lien and Foreclosure. The monthly maintenance charge, together with any special assessment or other penalty, cost or charges which an Owner is obligated to pay, shall be a debt of such owner to the Association on the date when each installment thereof becomes due. In the event of the default of any Owner in the payment of any installment of maintenance charges or special assessments, such amount, and any subsequently accruing unpaid assessments, together with interest thereon at the rate of eighteen percent (18%) per annum, or such other rate as may hereafter from time to time be established by the Board, and together with all costs which may be incurred by the Association in the collection of such amount, together with reasonable attorneys' fees shall be and become a lien on the interest of the defaulting owner in his lot. The Association may, but is not required to, execute and record in the Weld County Recorder's Office of a Notice of Assessment Default setting forth the name of the defaulting owner as indicated by Association records, the amount of the delinquency, and the fact that additional delinquencies may accrue and increase such amount, and the legal description of his lot. Such lien shall attach and be effective from the due date of the assessment, and may be enforced by foreclosure by the Association of the defaulting owner's interest in the Property. The lien provided Page 11 of 17 herein shall be in favor of the Association for the benefit of all owners who are Association members. In any such foreclosure, the defaulting owner shall be required to pay the costs and expenses of such proceedings, the costs and expenses for filing any notice or claim of lien, and all reasonable attorneys' fees in connection with such foreclosure. The lien shall include and the defaulting Owner shall also be required to pay to the Association the monthly maintenance charge and any other assessments for the lot whose payment comes due during the period of foreclosure, and the Association shall be entitled to a receiver to collect the same. The Association, on behalf of the member Owners, shall have the power to bid on the lot at foreclosure sale and to acquire, hold, lease, mortgage, and sell the same. Such lien provided herein shall have the priority provided by the Colorado Common Interest Ownership Act. The Association may, but is not required to, send notice of default to an Owner, and a copy of such notice may, but is not required to, be mailed to the holder of any deed of trust or mortgage of record constituting a lien on such lot. Upon the payment of the amounts due, if the Association recorded a Notice of Assessment Default, the Association shall cause to be recorded a certificate setting forth the satisfaction of such lien. 4.08 Owner's Obligation for Payment of Assessments. The amounts assessed by the Association against each lot and any interest, costs, and attorney fees in connection with default in payment and shall be open for inspection by any Owner or by the holder of any first deed of trust or mortgage of record at any time during normal business hours following reasonable advance notice of the request for inspection. 4.07 Creation of Lien and Foreclosure. The monthly maintenance charge, together with any special assessment or other penalty, cost or charges which an Owner is obligated to pay, shall be a debt of such owner to the Association on the date when each installment thereof becomes due. In the event of the default of any Owner in the payment of any installment of maintenance charges or special assessments, such amount, and any subsequently accruing unpaid assessments, together with interest thereon at the rate of eighteen percent (18%) per annum, or such other rate as may hereafter from time to time be established by the Board, and together with all costs which may be incurred by the Association in the collection of such amount, together with reasonable attorneys' fees shall be and become a lien on the interest of the defaulting owner in his lot. The Association may, but is not required to, execute and record in the Weld County Recorder's Office of a Notice of Assessment Default setting forth the name of the defaulting owner as indicated by Association records, the amount of the delinquency, and the fact that additional delinquencies may accrue and increase such amount, and the legal description of his lot. Such lien shall attach and be effective from the due date of the assessment, and may be enforced by foreclosure by the Association of the defaulting owner's interest in the Property. The lien provided herein shall be in favor of the Association for the benefit of all owners who are Association members. In any such foreclosure, the defaulting owner shall be required to pay the costs and expenses of such proceedings, the costs and expenses for filing any notice or claim of lien, and all reasonable attorneys' fees in connection with such foreclosure. The lien shall include and the defaulting Owner shall also be required to pay to the Association the monthly maintenance charge and any other assessments for the lot whose payment comes due during the period of foreclosure, and the Association shall be entitled to a receiver to collect the same. The Association, on behalf of the member Owners, shall have the power to bid on the lot at foreclosure sale and to acquire, hold, lease, mortgage, and sell the same. Such lien provided herein shall have the priority provided by the Colorado Common Interest Ownership Act. The Page 12 of 17 Association may, but is not required to send notice of default to an Owner, and a copy of such notice may, but is not required to, be mailed to the holder of any deed of trust or mortgage of record constituting a lien on such lot. Upon the payment of the amounts due, if the Association recorded a Notice of Assessment Default, the Association shall cause to be recorded a certificate setting forth the satisfaction of such lien. 4.08 Owner's Obligation for Payment of Assessments. The amounts assessed by the Association against each lot and any interest, costs, and attorney fees in connection with default in payment thereof, shall be the personal and individual debt of the Owner thereof at the time the assessment is made. Each person, if more than one (1), composing the Owner shall be jointly and severally liable therefore. Suit to recover a money judgment for unpaid expenses shall be maintainable without foreclosing or waiving the lien securing same. No Owner may exempt himself from liability for contribution toward the common expenses by a waiver of the use or enjoyment of the Common Elements or by abandonment of his lot. 4.09 Statement of Assessment Status. Upon payment to the Association of a reasonable fee, as may from time to time be established by the Board, accompanied by the written request of the Owner or any mortgagee or prospective owner of a lot, the Association shall issue a written statement setting forth the amount of unpaid assessments and any other charges outstanding with respect to the subject lot, and the date when the same became due. Such statement shall also include credit for any advanced payments of common assessments, but no credit shall be given for any accumulated amounts for reserves or sinking funds, if any. The statement issued by the Association shall be binding upon the Association and its officers and each Owner in favor of persons who rely thereon in good faith. The manner and time for providing such statements shall be as provided by the terms of the Colorado Common Interest Ownership Act, as from time to time amended. 4.10 Liability upon Transfer. Any Owner who sells his or her lot in good faith and for value shall be relieved of the obligation for payment of assessments thereafter attributable to the lot, as of the date of the recordation of the deed transferring such lot to the subsequent purchaser. Except as may otherwise be provided by the Colorado Common Interest Ownership Act, as from time to time amended, the Owner transferring, and the purchaser of the transferred lot, shall be jointly liable for payment of all assessments and any related interest, costs and attorney fees attributable to the lot accrued through the date of such recordation, and the lien for recovery of the same shall remain in force against such lot. ARTICLE V APPOINTMENT OF ARCHITECTURAL CONTROL COMMITTEE 5.01 Appointment of Committee. The Declarants have established an Architectural Control Committee, the initial members of which are Ivar and Donna Larson. Until all lots within the Property have been sold by the Declarants, the Declarants shall appoint the Architectural Control Committee, which may consist of one (1) or more persons as determined by the Declarants. At such time as the Declarants have sold all lots, or on December 31, 2002, whichever date occurs first, the number of members of the Architectural Control Committee shall be established and appointed by the Board. No Page 13 of 17 member of the Architectural Control Committee shall be entitled to any compensation for services as a member of the Committee. The address of the Architectural Control Committee shall be at the principal office of the Association. 5.02 Architectural Control. No building, fence, out building, or other permanent improvements shall be erected, placed, or altered on any lot until the construction plans and specifications and a plan showing the location of the improvements have been approved by the Architectural Control Committee as to quality of workmanship, quality and type of materials, the esthetics and harmony of exterior design with the character of the community and the existing structures, and as to location of structures with respect to topography and finished grade elevation, and compliance with these covenants. 5.03 Rules of Procedure. The Architectural Control Committee may adopt rules and regulations from time to time establishing design criteria not inconsistent herewith. The Architectural Control Committee shall meet at the convenience of the members thereof as often as necessary to transact its business. Request for approval of design shall be made to the Committee in writing, accompanied by two (2) complete sets of plans and specifications for any and all proposed improvements to be constructed on any lot. Such plans shall include plot plans showing drainage and grading plans, the location on the lot of the building, wall, fence, or other structure proposed to be constructed, altered, placed, or maintained thereon, together with the proposed construction material, color scheme for roofs and exteriors thereof, architectural renderings, and proposed landscape plantings. The Architectural Control Committee may require submission of additional plans, specifications, and of samples of materials and colors prior to approving or disapproving the proposed improvement. Until receipt by the Architectural Control Committee of all the required materials in connection with the proposed improvement to the Property, the Committee may postpone review of any material submitted for approval. 5.04 Approval of Plans. The Architectural Control Committee shall approve or disapprove plans, specifications, and details within thirty (30) days from the receipt all materials requested by the Committee and shall notify the Owner submitting them of such approval or disapproval in writing. If all samples, plans, specifications, and details requested by the Committee have been submitted and are not approved or disapproved within such thirty (30) day period they shall be deemed approved as submitted. One set of plans and specifications and details with the approval or disapproval of the Architectural Control Committee endorsed thereon shall be returned to the owner submitting them and the other copy thereof shall be retained by the Architectural Control Committee for its permanent file. Applicants for Architectural Control Committee action may, but need not, be given the opportunity to be heard in support of their application. Refusal of approval of plans, location, or specifications may be based by the Architectural Control Committee upon any reasonable grounds, including purely aesthetic considerations, which in the sole and uncontrolled discretion of the Architectural Control Committee shall seem sufficient, reasonable, and not capricious. The Committee may condition its approval of any proposed improvement to property upon the making of such changes therein as the Committee may deem appropriate. 5.05 Filing Fees. As a means of defraying its expenses, the Architectural Control Committee may require a reasonable filing fee to accompany the submission of plans to it in an amount to be fixed by the Page 14 of 17 Board of Directors of the Association from time to time. No additional fees shall be required for resubmission of plans revised in accordance with Architectural Control Committee recommendations. 5.06 Completion of Improvements. Any improvements approved by the Architectural Control Committee shall be timely commenced and in no event commenced later than one (1) year from the date of such approval. If not commenced within such time, the approval of the Committee shall automatically expire and the applicant must thereafter resubmit all plans to the Committee for reconsideration. The fact that a proposed improvement has previously been approved by the Committee shall not require the Committee to again approve such proposed improvement if the approval has expired pursuant to the terms of this paragraph. once approved improvements have been commenced all such improvements shall be completed no later than one (1) year from the date of commencement. 5.07 Inspection of Work and Notice of Completion. The members of the Architectural Control Committee, and any agent or representative thereof, shall have the right to inspect any improvement to property prior to and after completion, provided that the right of inspection shall terminate three days after the Committee has received from the applicant a notice of completion. 5.08 Estoppel Certificates. Upon the reasonable request of any interested party, and after confirming any necessary facts with the Architectural Control Committee, the Board shall furnish a certificate with respect to the approval or disapproval of any improvement to property or with respect to whether any improvement to property is made in compliance herewith. Any person without actual notice to the contrary shall be entitled to rely on said certificate with respect to all matters set forth therein. 5.09 Non -Liability. No member of the Architectural Control Committee, the Board, the Association, or any other agents, shall be liable for any loss, damage or injury arising out of or in any way connected with the performance of the Architectural Control Committee. In reviewing any matter, the Architectural Control Committee is not responsible for reviewing, nor shall its approval of any improvement to property be deemed to be, an approval of the improvement to property from the standpoint of safety, whether structural or otherwise, or conformance with any building, zoning or other codes or governmental laws or regulations. ARTICLE VI GENERAL PROVISIONS 6.01 Term. These covenants as set forth in this Declaration are to run with the land and shall be binding on all parties and all persons claiming under them for a period of twenty-five (25) years from the date they are recorded after which time said covenants shall be automatically extended for successive periods often (10) years unless an instrument signed by seventy-five percent (75%) of the then Owners of the lots has been recorded agreeing to terminate said covenants or change them in whole or in part. 6.02 Amendments. Except as set forth in Section 6.03 hereof, the Owners of seventy-five percent (75%) of the lots may at any time modify, amend, augment, or delete any of the provisions of this Declaration provided however that: Page 15 of 17 (i) (n) No amendment shall be effective with respect to any person not having actual knowledge thereof, until such time as notice of such amendment is filed for record in the Office of the Weld County Clerk and Recorder; No amendments may be adopted which would be inconsistent with any condition or covenants imposed by Weld County as a condition of approval of or any matter as set forth in the recorded Plat thereof; (iii) The Association may not be dissolved without the prior permission of the Board of County Commissioners of Weld County; (iv) No amendment may be adopted which affects the obligations of the Association to comply with any mined land reclamation plan or requirements related to water augmentation plans; and (v) Any of the following amendments to be effective must be approved in writing by the record holders of all encumbrances on the lots at the time of such amendment: a. Any amendment which affects or purports to affect the validity or priority of any encumbrance; or b. Any amendment which would necessitate a mortgagee after it has acquired a residential lot to pay any portion of any unpaid assessment or assessments accruing prior to foreclosure, to the extent the amounts would exceed the priority of such assessments over that provided by the Colorado Common Interest Ownership Act, as amended from time to time. 6.03 Mortgagee Protection Clause. Except as otherwise provided by the terms of the Colorado Common Interest Ownership Act, as amended from time to time, with respect to the priority of the lien for assessments, no breach of the covenants or restrictions herein contained, nor the enforcement of any lien provided for herein shall defeat or render invalid the lien of any mortgage or deed of trust made in good faith and for value, but all of said covenants and restrictions together with any preexisting liens for maintenance assessments shall be binding upon and effective against any Owner whose title is derived through foreclosure or through trustee sale or through deed given in lieu thereof. 6.04 Enforcement. The provisions of these covenants may be enforced by any Owner or by the Board of Directors of the Association. In addition to lien foreclosure, enforcement may be by proceedings at law or in equity against any person or persons violating or attempting to violate any of these covenants either to restrain violation, or to recover damages, or both. All remedies provided are cumulative, and pursuit of one shall not bar pursuit of any other, independently, or jointly, and in any sequence. 6.05 Severability. Invalidation of any clause, sentence, phrase, or provision of these covenants by judgment or court order shall not affect the validity of any other provisions of this Declaration which shall remain in full force and effect. Page 16 of 17 6.06 Application of Colorado Common Interest Ownership Act - Conflicts and Provisions. The Property which is subject to this Declaration consists of fewer than ten (10) units, and the Declarant has not reserved rights to add additional units or real estate, or to subdivide or withdraw units or real estate, or to convert units to Common Elements. Declarant hereby adopts those portions of the CCIOA which are required by Section 38-33.3-117, C.R.S., and those other provisions of the CCIOA as are referred to in these Declarations. Further, the Declarant hereby elects to apply the other provisions of CCIOA, but only to the extent that they are not in conflict with any other provision of this Declaration. Notwithstanding the provisions of 38-33.3-203, C.R.S. , if a conflict arises between the terms of this Declaration, and the provisions of CCIOA, this Declaration shall control unless the CCIOA specifically provides that such provisions of the CCIOA are mandatory or not subject to the ability of the Declarant to elect not to apply such provisions. This Declaration and the CCIOA are to be construed and applied in such a way as to be complementary and supplemental to each other, and the remedies provided by this Declaration and the CCIOA are cumulative. No conflict between this Declaration and the CCIOA shall be deemed to exist by virtue of the lack of any specific provision appearing in either, and a conflict shall only arise if specific provisions of the two cannot be reasonably reconciled. The Board shall have the power and authority to determine and resolve any such conflicts in accordance with the foregoing principles. IN WITNESS WHEREOF, this Declaration has been executed by the Declarants who are the owners of all lands in the Property, and mortgagees holding any lien against the Property, whose signatures and identification of Ownership interest are set fbelo STATE OF COLORADO ) COUNTY OF LARIMER ) Sworn and subscribed to before me personally by Ivar and Donna Larson this / 0 day of ,2001. WITNESS my hand and official seal. My commission expires: - a2U o 41 Notary Public Page 17 of 17 uF.' .OG7%tt • a `G: o ,•. L, td rF op co \- WELD COUNTY TREASURER )\tO4 C) •9 76 §/c. )64/ o \)k) 5 �o0 j)/\ \�k j\k% 000 E- 4/ C" \ \ C. /k) %5a Report Date: 05/28/2008 11:21 AM WELD COUNTY TREASURER Page: 1 STATEMENT OF TAXES DUE SCHEDULE NO: R0950601 ASSESSED TO: LARSON IVAR W & 925 N COUNTY LINE RD 13 BERTHOUD, CO 80513 LEGAL DESCRIPTION: PT NE4 5-4-68 LOT B REC EXEMPT RE -2956 PARCEL: 106105000039 SITUS ADD: TAX YEAR CHARGE 2007 TAX TOTAL TAXES TAX AMOUNT INTEREST 49.14 0.00 FEES 0.00 PAID TOTAL DUE 49.14 0.00 0.00 GRAND TOTAL DUE GOOD THROUGH 05/28/2008 0.00 ORIGINAL TAX BILLING FOR 2007 TAX DISTRICT 2385 - Authority WELD COUNTY SCHOOL DIST R2J NCW WATER LTW WATER BERTHOUD FIRE BERTHOUD FIRE (BOND 2014) WELD LIBRARY TAXES FOR 2007 * Credit Levy Mill Levy 16.804* 41.657 1.000 0.000 13.774 1.500 3.253 Amount 10.59 26.24 0.63 0.00 8.68 0.95 2.05 77.988* 49.14 Values AGRICULTURAL TOTAL Actual Assessed 2,182 630 2,182 630 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 TREASURER'S 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 REFERRAL LIST Name: Ivar & Donna Larson County Attorney x Health Department Extension Office _Emergency Mgt Office - Ed Herring Sheriffs Office x Public Works _Housing Authority _Airport Authority x Building Inspection x Code Compliance Beth Kim Ogle (Landscape Plans) _Lin (Addressing Change of Zone) Ambulance Services State Div. of Water Resources Geological Survey _Department of Health x Department of Transportation _Historical Society Water Conservation Board Oil & Gas Conservation Commission Division of Wildlife South Hwy 66 (Loveland) _North Hwy 66 (Greeley) Division of Minerals/Geology Soil Conservation Districts _x_Big Thompson/ FTC Boulder Valley/Longmont _Brighton/SE Weld Centennial _Greeley/West Greeley _Platte Valley West Adams Little Thompson Federal Government Agencies _US Army Corps of Engrs USDA -APHIS Vet Service Federal Aviation Admin (Structures over 200 ft or w/in 20000 ft of Pub Airport Federal Communications Comm Towns & Cities Ault x Berthoud Brighton Dacono Eaton Erie Evans Firestone _Fort Lupton Frederick Garden City Gilcrest Greeley Grover Hudson x Johnstown _Keenesburg _Kersey LaSalle Lochbuie _Longmont Mead Milliken _New Raymer _Northglenn Nunn Pierce Platteville Severance Thornton Windsor Counties Adams Boulder Broomfield x Larimer Case #: RE -4815 Fire Districts Ault F-1 x Berthoud F-2 Briggsdale F-24 Brighton F-3 Eaton F-4 _Fort Lupton F-5 Frederick Galeton F-6 Hudson F-7 Johnstown F-8 LaSalle F-9 Mountain View F-10 Milliken F-11 Nunn F-12 Pawnee F-22 Platteville F-13 Platte Valley F-14 _Poudre Valley F-15 _Raymer F-2 Southeast Weld F-16 Union Colony F-20 Wiggins F-18 Windsor/Severance F-17 Other School District RE - Central Colo. Water Cons RR Ditch Company Art Elmquist (MUD Area) Commissioner Name: Netts 3:sONN I 0 -sot4 County TownuILCitlea Referral List Case# Fire Districts - q(8i 5 Attorney S. Health Department Extension ffice Emera n cv Manaaement Office - Fd Herrin Sheriffs Office is Public Works Housina Authority Airport Authority x Buildina Inspection X Code Compliance - Beth Ann Kim Ode (Landscape Plans) Lin or Peaav (Addressina Chanae of 7one1 Ambulance Services State Div. of Water Resources Geological Survey Department of Health )f Department of Transnortation Historical Society Water Conservation Board Oil & Gas Conservation Commission Division of Wildlife South Hwy 66 (Loveland) North Hwy 66 (Greeley) Division of Minerals/Geoloav Soil Conservation Districts Bia Thompson Boulder Valley Brighton Centennial Fort Collins Greeley Lonamont Moraan Ault X Berthoud Rriahton Daconn Faton Frie Fvans Firestone Fort I i ntnn Frederick Garden City Gilcrest Greeley Grover Hudson X Johnstown Keenesbura Kersey aSalle I ochbuie I onamont Mead Milliken New Ravmer Northalenn Nunn Pierce Platteville Severance Thornton Windsor Counties Adams Boulder Broomfield _Platte Valley $ L Ni !• _Southeast Weld Other _West Adams _Central Cola Water Conservancy Dist Federal Government Agencies _Left Hand Water US Army Corps of Enqrs _School District RE - _USDA -APHIS Vet Service Art Elmquist (MUD Area) _Federal Aviation Admin (Structures over _Ditch Company over 200 ft or w/in 20000 ft of Pub Airport Commissioner _Federal Communications Comm Ault F-1 T Berthoud F-2 (Will charae$l Rriaasdale F-74 Rriahtnn F-3 Eaton F-4 (Will charae $1 Fort Lupton F-5 Galeton F-6 Hudson F-7 Johnstown F-8 LaSalle F-9 Mountain View F-10 Milliken F-11 Nunn F-12 Pawnee F-22 Platteville F-13 Platte Valley F-14 Poutdre Valley F-15 Ravmer F-2 Southeast Weld F-16 Union Colony F-26 Western Hills F-20 Wiaains F-18 Windsor/Severance F-17 I eaal Parcel ID # 7one Acres' USDA Airport Gen Ha7 FP' Panel # Road Imnact Fee Area' (SW #1 #2 #3 Windsor rim ORD # MIJD' #3411\,.. COLORADO • • MEMORANDUM Planning Departmei ..[:1.EY OFFICE 9 7008 TO: Chris Gathman, Planning Services DATE: June 11, 2008 FROM: Donald Carroll, Engineering Administrator It SUBJECT: RE -4818, Ivar & Donna Larson The Weld County Public Works Department has reviewed this proposal. Our requirements are as follows: REQUIREMENTS: Pursuant to Chapter 15, Articles I and II of the Weld County Code, if noxious weeds exist on the property or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds. The applicant shall indicate specifically on the plat the type of easement and indicate whether it is dedicated, private, or deeded to provide adequate access to the parcel. In accordance with Section 24-7-50 J of the Weld County Code, Chapter 24, Article VII, the flag lot configuration will be avoided where possible. The minimum width of a flag lot is 30 feet. The Colorado Department of Transportation (CDOT) has jurisdiction over all accesses to the state highways. Please contact Gloria Hice-Idler at the Greeley office (970-350-2148 or 970-350- 2163) to verify the access permit or for any additional requirements that may be needed to obtain or upgrade the permit. (State Highway 60) The easement shall be a graded and drained road to provide an all-weather access. Flood Hazard Development Standards: This area is not in a Special Flood Hazard Area (SFHA) as determined by the Federal Emergency Management Agency (FEMA). The applicant shall place on the plat drawing: 30 -foot minimum easement across Lot B for the benefit of Lot A of RE -4818. pc: RE -4818 files M:\PLANNING - DEVELOPMENT REVIEW\RE-Recorded Exemption\RE-4818.doc Weld County Planning Department GREELEY OFFICE liEa o 1 c,i/i6d advri W1�Yc M a mo ra nd &jvED TO: Chris Gathman, W.C. Planning DATE: June 30, 2008 FROM: Lauren Light, W.C. Department of Public J. Health and Environment CASE NO.: RE -4815 NAME: Larson Environmental Health Services has reviewed this proposal to exempt 2.4 acres from a 4.8 acre site. Proposed lots A and B will each consist of 2.4 acres. There are no dwelling units on either of the proposed lots. A tap from Little Thompson Water District and an Individual Sewage Disposal System will be installed when residences are built on either parcel. The following conditions are recommended to be part of any approval: 1. A Weld County Septic Permit is required for the proposed homes septic systems and shall be installed according to the Weld County Individual Sewage Disposal Regulations. Please note, the lot owners shall verify with the nearest Town/City or Sanitation District to determine the location of the nearest sewer line. In accordance with the Weld County Code, if a sewer line exists within 400 feet of the property and the sewer provider is willing to serve the proposed structure, a septic permit cannot be granted by the Weld County Department of Public Health and Environment. Additionally, please note the following: 1. Topographic or physical features of the proposed lot, such as ravines, ditches, streams, etc. may limit the area available for a new or replacement septic system. Prior to recording the plat the Division recommends that the applicants review the County Code pertaining to Septic Systems to assure that any installed septic system will comply with all setback requirements found in the Code. In the event the proposed lot is not of sufficient size to allow the installation cf a septic system the lot may be need to be enlarged. • ferrn COLORADO Weld County Referral May 30, 2008 The Weld County Department of Planning Services has received the following item for review: Applicant Ivar & Donna Larson Case Number RE -4818 Please Reply By June 30, 2008 Planner Chris Gathman Project Two -Lot Recorded Exemption Legal Lot A of RE -2959; Part NE4 Section 5, T4N, R68W of the 6th P.M., Weld County, Colorado. Location South of and adjacent to State Highway 60 and approximately 1/8 mile west of CR 5. For a more precise location, see legal. Parcel Number 1061 05 000040 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. U We have reviewed the request and find that it does / does not comply with our Comprehensive Plan �❑{ We have reviewed the request and find no conflicts with our interests. p‹See attached letter. ❑ Please notify me of any public hearings regarding this request. Cnmments Signature Agency t)Pf'` (i ict Qt 1gvert4OOt flat Pao -r. DOT Date +Weld County Planning Dept. 9918 10"' Street Greeley. CO. 50631 +(970) 353-6100 ext.3540 +(970)304-6498 fax Oerthoui Fire Protection District September 21, 2007 Weld County Planning and Building 1555 N. 17th Ave. Greeley, Colorado, 80631 Attn: Julie Chester Re: RE -2959 Dear Ms. Chester Weld County Planning Department GREELEY OFFICE .11UN 0 6 ?008 RECEIVED I have completed the review of the recorded exemption The District requires installation of an approved fire hydrant adjacent to the entrance of access road off Highway 60. This is per the comments from Fire Chief Stephen Charles on 10/25/2000. Berthoud Fire Protection District is in the process of adopting the 2006 International Fire Code. Requirements for location, distribution and number of fire hydrants are drawn from the 2006 IFC, Appendix C. The District requires that the developer provide proof of adequate fire flow from the hydrant in the development area before building permits are issued. In the event there is insufficient fire flow from the hydrant provided, NFPA 13D residential sprinkler systems shall be required. Fire flow requirements shall meet the departmental requirement of a minimum of 1000 GPM, for homes up to 3600 square feet, per the 2006 International Fire Code Appendix B, Section B 105.1, Fire -Flow Requirements for Buildings. Homes larger than 3600 square feet require a larger fire flow. Exception: A reduction in fire flow of up to 50%, as approved, is allowed h ;u: arc - vid J with e idM ai automatic inkle tem A when building; N.��. C.:a rr.,.. ..0 approved. residential 3j..a. system installed in accordance with the IFC and NFPA 13D. If you have any questions, please direct them to me at your earliest opportunity. Respectfully, P. Michael Bruner Deputy Fire Marshal CC: Ivar & Donna Larson Box 570 • 275 Mountain Ave. • Berthoud, CO 80513 (970) 532-2264 Phone • (970) 532-4744 Fax • www.berthoudfire.org .i&fle • IOC COLORADO • Weld County Referral September 29, 2000 The Weld County Department of Planning Services has received the following item for review Applicant Please Reply By Project Legal Location Parcel Number Ivar and Donna Larson Case Number RE -2959 November 7, 2000 Planner Julie Chester Two -Lot Recorded Exemption Lot B of RE -126. Part of NE4 of Section 5, Township 4 North, Range 68 West of the 6th P.M., Weld County, Colorado. South of and adjacent to WCR 50, west of WCR 5. For a more precise location, see legal. 1061 05 000018 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. My response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. ❑ We have reviewed the request and find that it does/ does not comply with our Comprehensive Plan We have reviewed the request and find no conflicts with our interests. See attached letter. Comments: a /a a zucshi 8-Q,Stajaii -1 So - 4-erct4J 7'.� (�Y�-� �. a 0 O- 4 G Oifau et/ /�ua E�lc�u aiteen.1 elo s'l e S -c - -( / -74c..,o � �2 �� ID��Zalas, Avtiffsed Signature Agency Date *Weld County Planning Dept. 01555 N. 17th Ave. Greeley, CO. 80631 4-(970) 353-6100 ext.3540 ••(970)304-6498 fax 7 3 1 a at O D (wlp�•�es�_ 3.ettIZ05 1lr3Ir 2.1.e.0 120S r' a •'r Y. 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(W),C MILS ,k.[C1\$ Sip l } €€a 1 $i m O m O b mm Q3QLiO03td NOIL dVI3X3 O oJ (13-4 V 1 55 r 'N�/•� co 1./I. 1ES' Request: The applicant is proposing to split Lots A and B of RE -2956 and Lots A and B of RE - 2959 into a total of eight (8) lots. This would increase the number of lots from a total of four (4) to a total of eight (8). The four existing lots (Lots A and B of RE -2956 and Lots A and B of RE - 2959) are presently vacant. The existing parcels are access by a 60 -foot access and utility easement that is privately maintained. The applicants recorded covenants for RE -2956 and RE - 2959 (also known as Mountain View Estates) that govern future construction (building height, setbacks...) along with access maintenance requirements of the 60 -foot access and utility easement. The applicants have a provision in the existing covenants prohibiting the future subdivision of lots. If approved, there is a provision for the recording of amended covenants (reflecting the additional lots). Description of Surrounding Area: (Show Slides): This site is located within 1 mile of 5 planned unit developments (one 9 -lot PUD and one 5 -lot PUD). It is immediately to the east of Hacienda PUD. Staff Recommendation: It is the opinion of the Department of Planning Services staff that the applicant has not shown compliance with the following criteria as listed in Section 24-8-40.A through 24-8-40.O of the Weld County Code: Section 24-8-40.J: "The proposal is consistent with sound land use planning practices." - The proposed recorded exemptions will be sharing a common access. The number of lots to be created (a total of 8 if all four recorded exemptions are approved) is consistent with a non -urban scale subdivision or Planned Unit Development (PUD). A PUD process is the appropriate process to address this proposal as the recorded exemption process does not provide the appropriate review process to address concerns such as access, emergency services and school district requirements. Section 24-8-40.K: "The proposal is consistent with the Statement of Purpose as expressed in Section 24-1-30 of this Chapter." A. Assisting orderly and integrated development. B. Promoting the health, safety and general welfare of the residents of the County. C. Encouraging well -planned subdivisions by establishing adequate standards for design and improvement. Staff believes that the number of lots sharing a common access road is non -urban scale development and should be reviewed through the PUD process. The recorded exemption process is an exemption from the subdivision process and is not adequate to address access, emergency services, school district... concerns. There is also not a public notice requirement for recorded exemptions which is required for non -urban scale PUDs which allows the public to express any concerns/issues with the development. SERVICE, TEAMWORK, INTEGRITY, QUALITY ATTACHED CONDITIONS OF APPROVAL: The applicant shall submit an amended declaration of protective covenants (to address the access and additional lots) for RE -4815, RE -4816, RE -4817 and RE - 4818 (also know as Mountain View Estates) for review by the County Attorney's Office and Department of Planning Services. Upon approval, the applicant shall submit finalized copies of the amended covenants and the appropriate fee ($6 for the first page and $5 for each additional page) to the Department of Planning Services for recording in the Office of the Clerk and Recorder. (Department of Planning Services) H. The applicant shall submit a Private Improvements Agreement according to policy regarding collateral for improvements and post adequate collateral for access improvements. The applicant shall submit to the Department of Planning Services an itemized landscaping bid for review. The agreement and form of collateral shall be reviewed by County Staff and accepted by the Board of County Commissioners prior to recording the recorded exemption plat. Or the applic t may Department submit evidence that all the work has been completed and approved by the Public Works. The applicant shall attempt to address the requirements of the Berthoud Fire Protection District and stated in their referral and attached RE -2959 referral and letter received June 6, 2008. Written evidence of such shall be provided to the Department of Planning Services. (Installation of a Fire Hydrant) J. The applicant shall address the requirements of the Little Thompson Water District as stated in their letter dated May 16, 2008. Written evidence of such shall be provided to the Department of Planning Services. K. The applicant shall address the requirements of the Thompson R2J School District as stated in their referral response dated August 21, 2009. Written evidence of such shall be provided to the Department of Planning Services. SERVICE, TEAMWORK INTEGRITY, QUALITY Weld County Referral May 30, 2008 The Weld County Department of Planning Services has received the following item for review: Applicant Ivar & Donna Larson Case Number RE -4815 Please Reply By June 30, 2008 Planner Chris Gathman Project Two -Lot Recorded Exemption Legal Lot B of RE -2956; Part of NE4 Section 5, T4N, R68W of the 6th P.M., Weld County, Colorado. Location South of and adjacent to State Highway 60 and approximately 1/8 mile west of CR 5. For a more precise location, see legal. Parcel Number 1061 05 000039 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. ❑ We have reviewed the request and find that it does / does not comply with our Comprehensive Plan VL We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. ❑ Please notify me of any public hearings regarding this request. Cnmmenra t lvi P 3 %nvt calk, f l /) t Oinfutrl no NL1 41 cTh`k2 nt*cd. Signature Agency Date +Weld County Planning Dept. 4.918 10'" Street Greeley, CO. 80631 ❖(970) 353-6100 ext.3540 +(970)304-6498 fax 06/11'2008 08:33 9705870141 TOWN OF JOHNSTOWN PAGE 02x'02 4Ka, W1�Yc COI.OAAOO te'› Weld County Referral May 30, 2008 The Weld County Department of Planning Services has received the following item for review: Applicant Ivar & Donna Larson Case Number RE -4815 Please Reply By June 30, 2008 Planner Chris Gathman Project Two -Lot Recorded Exemption Legal Lot B of RE -2956; Part of NE4 Section 5, T4N, R68W of the 6th P.M., Weld County, Colorado. Location South of and adjacent to State Highway 60 and approximately 1/8 mile west of CR 5. For a more precise location, see legal. Parcel Number 1061 05 000039 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. ❑ We have reviewed the request and find that it does / does not comply with our Comprehensive Plan We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. l l Please notify me of any public hearings regarding this request. j:nmmantc' Signature Agency -i.-G3 Date +Weid County Planning Dept. +918 101h Street Greeley, CO. 50631 4(970) 353-6100 ext.3540 Jun -03-08 03:04P town of berthoud 970 532 0640 P-01 cfear Wi�Dc Weld County Referral May 30, 2008 The Weld County Department of Planning Services has received the following item for review: Applicant Ivar & Donna Larson Case Number RE -4815 Please Reply By June 30, 2008 Planner Chris Gathman Project Two -Lot Recorded Exemption Legal Lot B of RE -2956; Part of NE4 Section 5, T4N, R68W of the 6th P.M., Weld County, Colorado. Location South of and adjacent to State Highway 60 and approximately 1/8 mile west of CR 5. For a more precise location, see legal. Parcel Number • 1061 05 000039 The application is submitted to you for review and recommendation, Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. U We have reviewed the request and find that it does / does not comply with our Comprehensive Plan We have reviewed the request and find no conflicts with our interests. U See attached letter. U Please notify me of any public hearings regarding this request. Cnmmants Signature Agency J E•t Vn t) �� •t 74ci (i( (O 3 Date +Weld County Planning Dept. 0918 10'" Street Greeley, CO. 80631 4(970) 353.6100 ext.3540 +1970)304-6498 fax 03 -JUN -2008 03:02PM FROM - T -238 P.001/005 F-259 Weld County Referral May 30, 2008 The Weld County Department of Planning Services has received the following item for review: Applicant Ival. & Donna Larson Case Number RE -4815 Please Reply By June 30, 2008 Planner Chris Gathman Project Two -Lot Recorded Exemption Legal Lot B of RE -2956; Part of NE4 Section 5, T4N, R68W of the 6th P.M., Weld County, Colorado. Location South of and adjacent to State Highway 60 and approximately 1/8 mile west of CR 5. For a more precise location, see legal. Parcel Number 1061 05 000039 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. ❑ We have reviewed the request and find that it does / does not comply with our Comprehensive Plan We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. D Please notify me of any public hearings regarding this request. r:nmmenk• Signature Agency !vi Pr) (,e _r�r Date °Weld County Planning Dept. 4918 10°i Street Greeley, CO. 80631 4(970) 353-6100 ext.3540 4(970)304-6498 fax Weld County Planning Departm GREELEY OFFICE W1�Y COLORADO JUN 12 ?non MEMORANDUM RECEIVED TO: Chris Gathman, Planning Services DATE: June 10, 2008 FROM: Donald Carroll, Engineering Administrator SUBJECT: RE -4815, Ivar & Donna Larson With the four RE cases (RE -4815, RE -4816, RE -4817, and RE -4818) there is a 60 -foot utility and access easement plus a 30 -foot existing easement from the existing RE on the east side for a total of 90 feet, to mean "Not Prefer". In 1994, CDOT granted an access permit from State Highway 60 for nine single family dwellings of Mountain View Estates Subdivision (private drive) at this location. Permit #494001. I am showing in October 2000, I had both RE cases (RE -2956 and RE2959), with access granted from State Hwy 60, I think this is the same place. It show it on (Weld Tyler CM). REQUIREMENTS: Pursuant to Chapter 15, Articles I and II of the Weld County Code, if noxious weeds exist on the property or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds. The applicant shall indicate specifically on the plat the type of easement and indicate whether it is dedicated, private, or deeded to provide adequate access to the parcels. The Colorado Department of Transportation (CDOT) has jurisdiction over all accesses to the state highways. Please contact Gloria Hice-Idler at the Greeley office (970-350-2148 or 970-350- 2163) to verify the access permit or for any additional requirements that may be needed to obtain or upgrade the permit. (State Highway 60). The easement shall be a graded and drained road to provide an all-weather access. Flood Hazard Development Standards: This area is not in a Special Flood Hazard Area (SFHA) as determined by the Federal Emergency Management Agency (FEMA). The applicant shall place on the plat drawing: 30 -foot min. access easement across Lots A and B (RE -4815) for the benefit of cases RE -4817 and RE -4818. All lots shall share a joint access point from State Hwy. 60 (Private Drive) non County maintained. pc: RE -4815 file M:\PLANNING - DEVELOPMENT REVIEW\RE-Recorded Exemption\RE-4815.doc ierit COLORADO DEPARTMENT OF PLANNING and BUILDING SERVICES Weld County Administrative Offices 4209 CR 24.5, Longmont, CO 80504 WEBSITE: www.co.weld.co.us Phone (720) 652-4210, Ext. 8736 June 06, 2008 Applicant: Ivar and Donna Larson Case Number: RE -4815 Project: Two Lot Recorded Exemption Legal: Lot B of RE -2956; Part NE4 of Section 5, T4, R68W of the 6th P.M., Weld County, Colorado. Location: Approximately 650 feet south of and adjacent to State Hwy. 60 and approximately 1/8 mile west of CR 5. Parcel Number: 1061 05 000039 There are no permits on record for this parcel. Prior to the start of construction, alterations or change of occupancy; 1 A building permit application must be completed, and two canplete sets of engineered plans must be submitted for review. A geotechnical engineering report preformed by a registered State of Colorado engineer shall be required. 2 A plan review must be approved and permit must be issued prior to the start of construction 3 Setback and offset distances shall be determined bythe 2006 International Building Code and Chapter 23 of the Weld County Code (Offset and setback distances are measured from tte farthest projection from the structure. 4 A Flood Hazard Development Plan is required for buildings located within a 100 year flood plane. 5 A letter from the fire district to ascertain if a permit is required. Robert Powell Building Plans Examiner Service, Teamwork, Integrity, Quality VacI be 1.4 Weld County Planning DepartmenWeld County Referral GREELEY OFFICE �/�/ COLORADO 111` ' 7n08 May 30, 2008 1/24 RECEII/444° flIN JUN _ 2 ZOOS The Weld County Department of Planning Services has received the following item for reviewhegoa4T Section Applicant Ivar & Donna Larson Please Reply By June 30, 2008 Project Two -Lot Recorded Exemption Legal Lot B of RE -2956; Part of NE4 Section 5, T4N, R68W of the 6th P.M., Weld County, Colorado. Case Number RE -4815 , 1--$ I (p j Planner Chris Gathman Location South of and adjacent to State Highway 60 and approximately 1/8 mile west of CR 5. For a more precise location, see legal. Number 1061 05 000039 The a.. cation is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. ❑ We have reviewed the request and find that it does / does not comply with our Comprehensive Plan ❑ We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. ❑ Please notify me of any public hearings regarding this request cnmmentc:i rtaka rIU W no8 15 15' (At-SI of of 4.6 kui -j cocky 1 v1a. Ors kki avt a cas3 cram SN (a0 u i 11 S a l lou f A ,521rg2 all `t -(t lots. An acriss perrnft must bi 4:itoaty-tcl * a cMoritz all tint traC-Fic- be+vu1 propwct Signature s ( J - t co/Li Agency (DOT P(,r r'nI t� Date ❖Weld County Planning Dept. ❖918 10' Street Greeley, CO. 80631 4(970) 353-6100 ext.3540 ❖(970)304-6498 fax Weld County Referral s•a err May 30, 2008 a Isar & Donna Larson Chris Gathman I a tgpi to a a u a a L 0 0 U 0 y Lii J 1061 050D0039 0. DE�a E m m a'2pc:w V O m M a_F g t;IS Qaa Oc d n 3 0 E2M5%.�joC $T0R?`o'EE G T" U2 m d a LEE - - a a� PO sm2 l.g. • I E]ve `agdg in t'a 2 i n n O 6 dW9 k 2 1 m a o b E2—•�1 :31211; i• g ib E'.am9;Qpa 0 E'L . x.Z 0 *ma 114 I] ��al a. a a a c 3 z.“.4 Q yc tl m g ce a• 2 E a a y tia 11 l t I O e m f tRme 33hT ❑ ❑ 550 in 6 1 10 L abed INd6E:94: 600Z'1Zlsn6ny'depjij stigmata 6 oJaN � 9 Pa3uud pD! : 6dj•99060►Z90 an!! 0 39Vd S30I/1838 1VNOILVd3d0 L80S LT:4T 600Z/TZ/80 08/21/2009 14:17 5087 OPERATIONAL SERVICES PAGE 01 THOMPSON snit,ni n„ Jo,r Planning/Operational Services Boo South Taft Avenue • Loveland, CO 8033'7 . Office (970) 613-5048 • Fax (970) 613-5087 Kate Browne Planning Specialist To: Chris Gathman, Planner III Weld County Department of Planning Services 918 10th Street, Greeley, Colorado 80634 Re: Referrals RE -4815, RE -4816, RE -4817, and RE -4818 We have reviewed the recorded exemption applications and request that: (1) A street light be placed at the intersection of Hwy 6o and the drive shared by these 8 lots. This is to provide lighting for bus pick-up of students during the winter mornings, when natural lighting is inadequate for safety. (2) The PILO (payment -in -lieu -of land dedication) be paid prior to the issuance of any residential building permits. Currently that fee is $1,382 per single family dwelling unit and can be paid at the District's Administration Building (800 S. Taft Avenue, Loveland, Colorado 80537) in the Planning Services Department. Thank you, Kate Browne, Planning Specialist August 21, 2009 www, thompsonschoo ls. org gE- LUZi 5 LOT 'B' OF RECORDED EXEMPTION No. 2956, BEING A PORTION OF THE NORTHEAST QUARTER OF SECTION 5, TOWNSHIP 4 NORTH, RANGE 68 WEST OF THE 6TH PM, COUNTY OF WELD, STATE OF COLORADO. WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Department of Public Works 111 H Street, P.O. Box 758, Greeley, Colorado 80632 Phone: (970) 356-4000, Ext. 3750 Fax: (970) 304-6497 Road File #: Date: RE #: Other Case #: 1. Applicant Name War W. Larson and Donna M. Larson Phone 970-532-3361 Address 925 N. County Line Road, Rte 1 City Berthoud state CO Zip 80513 2. Address or Location of Access 815' West of Intersection of SH 60 and WCR 5 Section 5 Township 4 Range 68 Subdivision Block Lot Weld County Road #: STATE HWY. 60 Side of Road SOUTH Distance from nearest intersection ±815' 3. Is there an existing access(es) to the property? Yes X No # of Accesses I 4. Proposed Use: U Permanent ■ Residential/Agricultural ❑ Industrial ❑ Temporary ❑ Subdivision ❑ Commercial ❑ Other •wwwe:x+:******,rx***,r,r++,r+,r++,t,to*+******.r:wweew*+e+******t*+***x**x,r<e,t****wx*aeeer:xx*******«e*+eww+ 5. Site Sketch Legend for Access Description: AG = Agricultural RES = Residential O&G = Oil & Gas D.R. = Ditch Road = House = Shed A = Proposed Access • = Existing Access OFFICE USE ONLY: Road ADT Road ADT Drainage Requirement Special Conditions Ni WCR 48 Date Date Culvert STATE HWY. 60 WCR 48 (Not Constructed) Accidents Accidents Size Existing Access (Approved by CDOT) Existing 60' Joint Access Easement n cc Date Date Length ❑ Installation Authorized ❑ Information Insufficient Reviewed By: Title: LITTLE THOMPSON WATER DISTRICT Directors: Alex Sauer, President Jim Cooper Kathy Gallivan-Crist Mac Juneau Dave Lorenz Richard Macomber Gary Olson Chase J. Corbridge Intermill Land Surveying 1301 N. Cleveland Ave. Loveland, CO 80537 Dear Chase: May 16, 2008 District Manager: Richard H.H. Whittet 835 E. Highway 56 Berthoud, CO 80513 P 970.532.2096 F 970.532-3734 www.LTWD.org This letter is in response to your request for a water service commitment for up to 2 residential lots, in the location described as follows: PORTIONS OF NE 1/4, SEC. 5, T4N, R68W -- WELD COUNTY, CO A subdivision of Lot B of RE -2956 The District provides water service within its service area as defined by the District. The provision of water service by extension of existing water lines of the District to the above property and the installation of taps for lots is done under the terms of the Rules and Regulations of the District established by the Board of the District from time to time. You may obtain a copy of the Rules and Regulations from the District. This letter outlines the provisions of the Rules and Regulations, however this letter does not change any provisions of the Rules and Regulations. The Board of the District may alter and amend the Rules and Regulations at any time, and the provisions of this letter are subject to alteration and amendment based on changes in the Rules and Regulations of the District. We currently 10" diameter water line located along Hwy. 60 and a 6" line in the Las Haciendas subdivision with additional capacity available Therefore, we can commit to provide service to the above property, subject to the limitations in this letter, for one standard residential 5/8" X 3/4" water tap per lot; and the following additional limitations on the provision of water service are: 1. All improvements to District facilities required to provide service will be the financial responsibility of the developer in accordance with the District Rules and Regulations. All improvements must conform to District Specifications. 2. If a fire hydrant is required for the subdivision there is a $2,000 fire hydrant fee that needs to be paid prior to installation of the fire hydrant. You will be responsible for any improvements or upgrades needed to meet the required fire flows in your development. 3. Prior to recording the final plat with the County, or initiating water service, you will need to have the property included in the Municipal Sub District of the Northern Colorado Water Conservancy District 4. In order to provide the required flows to the subdivision you will be required to install a minimum 6" Diameter water line from the 10" line along Hwy 60, with a loop through your project, connecting to the waterline in the Las Haciendas subdivision. 5. The design, installation and total cost of the project will be the responsibility of the developer. This commitment letter will expire two years from the date of this letter if the taps have not been purchased, paid for and installed by that date of expiration. The current fee for the domestic 5/8" X 3/4" tap is $21,965. YOU ARE HEREBY ADVISED THAT THE RULES, REGULATIONS AND TARIFFS OF THE DISTRICT ARE SUBJECT TO CHANGE WITHOUT NOTICE; AND THIS LETTER IS ISSUED WITH THE SPECIFIC LIMITATION THAT THE DISTRICT MAY CHANGE THE RULES, REGULATIONS AND TARIFFS APPLICABLE TO THE ABOVE PROPERTY AT ANY TIME WITHOUT NOTICE TO YOU OR ANY PERSON. If you have questions, please contact me. Regards, ichael T. Cook District Engineer BACON LAKE FARMS Colorado and Kansas Ivar W. and Donna M. Larson, Owners and Operators 925 North County Road 13 Berthoud, Colorado 80513 Phone: (970) 532-3361 Fax: (970) 532-3360 Toll Free: 1-800-603-3361 Ivar cell: (970) 227-5683 Donna cell: (970) 227-0867 iw1925@gmail.com di1925@yahoo.com September 8, 2009 THOMAS E. HONN, AICP, represents both Ivar W. and Donna M. Larson, the property owners, on Larson Recorded Exemptions (RE -4815, RE -4816, RE -4817 and RE -4818) located in the County of Weld, on a portion of the NE Quarter of Section 5, Township 4N, Range 68W. Ivar W. Lirson, P.E. 13879 9. CI put i Hello