HomeMy WebLinkAbout20092422.tiff11832 1/1
2o0 9- 2422.
RESOLUTION
6j
RE: ACTION OF THE BOARD CONCERNING RECORDED EXEMPTION #4816 - 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 #4816 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 A 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.
1111111 11111 111111 11111111111 1111 111111111 1111111111111
3660627 11/19/2009 11:03A Weld County, CO 2
1 of 2 R 0.00 0 0.00 Steve Moreno Clerk & Recorder 2009-242
RE4816
J=CL ,¢2t, , //4 57/O?
RE #4816 - 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 #4816
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 Boa
BY)(To
Dept Clerk • the Board
Date of signature
CcI
OARD OF COUNTY COMMISSIONERS
LD Oldcl Y, COLORADO
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nh F. Garcia, Chair
ougla Rademach-r, Pro-Tem
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11111112 R 0 0012 0 0 001 Steve WMoreno Clerk & Re
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2009-2422
RE4816
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COLORADO
DEPARTMENT OF PLANNING SERVICES
RECORDED EXEMPTION
ADMINISTRATIVE REVIEW
PLANNER: Chris Gathman HEARING DATE: August 4, 2008
CASE NUMBER: RE -4816
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 A of RE -2959; Part NE4 of Section 5, T4N, R68W of the 6th P.M., Weld
County, CO
PARCEL NUMBER: 1061 05 000038
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
2009-2422
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/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 Lots A and B, 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 -4816
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).
F. 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 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 applicant may submit evidence that all the work has been completed and
approved by the Department of 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.
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, E li, 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 and Lot B are not eligible for a future land exemption in accordance with
Section 24-8-20.C.2 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 29-3-20.6.13 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.weldco.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.
WELD COUNTY, COLORADO
DEPARTMENT OF PLANNING SERVICES
918 10T" STREET
GREELEY, CO 80631
PHONE: 970-353-6100, EXT. 3540 / FAX: 970-304-6498
Date:'YE 20 C2
Received From: P(e p7,
Permit Type
No.
Description
Fee
4221-RE/SE
/
2 • ir Or
s
/ail--
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.
Receipt No.
l a!l r /,z -•
14507
❑CASHIACHECK NO
Receipted By:
DL#
TOTAL FEE
Exp.
WI�Yc
a'ar
COLORADO
May 30, 2008
Ivar & Donna Larson
Attn: Steve Stencel
Intermill Land Surveying, Inc
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 -4816 - A Recorded Exemption located on a parcel of land described as Lot A of RE -2956; Part
NE4 Section 5, T4, 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
to,fet
Mac
APPLICANT: Ivar & Donna Larson CASE#: RE -4816
REQUEST: Two -Lot Recorded Exemption.
LEGAL: Lot A of RE -2956; Part NE4 5-4-68
LOCATION: Approx. 650 feet south of and adjacent to State Highway 60 and approximately
1/8 mile west of CR 5.
PARCEL ID #: 106105000038
APPLICATION FLOW SHEET
I
ACRES: +/- 4.8 acres
B
Application Received
5/28/08
Application Completed
5/28/08
Referrals listed
5/29/08
CG
Vicinity map prepared
File assembled
*OK
Ki,
Case logged in computer
fl
Letter to applicant mailed
2
Referrals mailed
Field check by DPS staff
Administrative Review decision:
4rr)) el:Li. 71:CC
q /1 izDa1
CSC RC". 413 7ISL `rate ek k
d f C t Commissioners hearin (ita plicable Date
B
County Commissioners Hearing Date
Surrounding property owners notified
Presentation prepared
CC action:
CC resolution received
Date
Plat recorded and filed
B
y
Overlay Districts
Zoning Agricultural
MUD Yes _
IGA Yes _
Airport Yes _
Geologic Yes
Flood Hazard Yes
No X
No X
No X
No X
No X Panel #080266
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 8
(12 digit number - found on Tax I.D. information, obtainable at the Weld County Assessors Office, or vrxw.co.weld.co.us).
Legal Description Lot A 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: lvar 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: Authorization must accompany applications signed by Authorized Agent)
Name: Intermit! Land Surveying, Inc. (Attn: Steve Stencel)
Work Phone # 970-669-0516 Home Phone # Email Address intermill@qwestuiet
Address: 1301 N. Cleveland Avenue
City/State/Zip Code: Loveland, CO 80537
Lot A
Smaller Parcel
Lot B
Lot C
Lot D
Water Source
LTWD
LTWD
Type of Sewer
Proposed Septic
Proposed Septic
Proposed Use
Res
Res
Acreage
±2.4 Acres
±2.4 Acres
Existing Dwellings?
If Yes: list address
below:
If Yes: list address
below:
If Yes: list address
below:
If Yes: list address
below:
*If 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 orization from all fee owners must be included with
the application. If a corporation is the fee owner, notarized evidence mu included showing the signatory_has the legal authority
to sigyripr the corporatiq
Date Signature: Owner or Atittforiz
• Agent Date
-4-
• •
RECORDED EXEMPTION QUESTIONNAIRE
Parcel No(s). Legal Description:
1061-05-0-00-038 Lot A 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 A and the South portion will become Lot B, 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.
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-iRE-
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 -
IRE -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: Al] of the real Property known as Recorded Exemptions 1061 -05 -IRE -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 (I) 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 (I) 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.
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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. Any 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
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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 confine 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
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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
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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;
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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 default 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.
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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
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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
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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
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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
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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, ifmore 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 farts 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 of ten (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 f• belo
STATE OF COLORADO )
COUNTY OF LARIMER )
Sworn and subscribed to before me personally by Ivar and Donna Larson this / 0 day of
cane ,2001.
WITNESS my hand and official seal.
My commission expires: 4-/ - - &be, 5
Notary Public
Page 17 of 17
CID
xaxnsVaxi AiunoD WUA
Report Date: 05/28/2008 11:23AM
WELD COUNTY TREASURER Page: 1
STATEMENT OF TAXES DUE
SCHEDULE NO: R0950401
ASSESSED TO:
LARSON IVAR W &
925 N COUNTY LINE RD 13
BERTHOUD, CO 80513
LEGAL DESCRIPTION:
PT NE4 5-4-68 LOT A REC EXEMPT
PARCEL: 106105000038
RE -2956
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
Authority
WELD COUNTY
SCHOOL DIST R2J
NCW WATER
LTW WATER
BERTHOUD FIRE
BERTHOUD FIRE (BOND 2014)
WELD LIBRARY
TAXES FOR 2007
* Credit Levy
TAX DISTRICT 2385 -
Mill Levy Amount
16.804* 10.59
41.657 26.24
1.000 0.63
0.000 0.00
13.774 8.68
1.500 0.95
3.253 2.05
77.988* 49.14
Values Actual Assessed
AGRICULTURAL 2,178 630
TOTAL
2,178 630
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
Name: el-yO�Y bDni
County
La 7Dra Referral List
0.
Towns & Cities
Case#
Fire Districts
Attorney
7 Health Department
Extension Office
Emeraencv Management Office - Ed Herring
Sheriffs Office
X Public Works
Housing Authority
Airoort Authority
% Buildina Inspection
ie Code Compliance - Beth Ann
Kim Dale (Landscane Plans)
Lin or Peaav (Addressina Chance of Zone)
Ambulance Services
State
Div of Water Resources
Geological Survey
Department of Health
ii 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/Geoloav
Ault
$ Berthoud
Rrinhton
Dacono
Fatnn
Frie
Evans
Firestone
Fort I florin
Frederick
Garden City
Gilcrest
Greeley
Grover
Hudson
Johnstown
Keeneshuro
Kersey
I aSalle
I ochhuie
I nnamont
Mead
Milliken
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Northalenn
Nunn
Ault F-1
Berthoud F-2 (Will charae$1
Rriaasdale F-24
Rrinhton F-3
Eaton F-4 (Will charae SI
Fort Lupton F-5
Galetnn 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
Ravmer F-2
Southeast Weld F-16
l lnion Colony F-26
Western Hills F-20
Winains F -1H
Windsor/Severance F-17
I enal
Parcel In #
9
X Bia Thompson
Boulder Valley
Briahton
Centennial
Fort Collins
Greeley
Lnnamont
Morgan
Platteville
Severance
Thornton
Windsor
Counties
Adams
Boulder
Broomfield
Platte Valley LA11yVit s
Southeast Weld Other
_West Adams _Central Colo. 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 whin 20000 ft of Pub Airport Commissioner
_Federal Communications Comm
USDA
Airnort
Gen Ha7
FP? Panel #
Road Impact Fee Area?
(SW #1 #2 . #3 Windsor 1
IGA7 ORD
MUD?
REFERRAL LIST
Name: Ivar & Donna Larson
Countv
_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
Other
_School District RE -
_Central Colo. Water Cons
_RR
_Ditch Company
_Art Elmquist (MUD Area)
.ase #: RE -4816
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
Commissioner
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 -4816
Please Reply By June 30, 2008 Planner Chris Gathman
Project Two -Lot Recorded Exemption
Legal Lot A of RE -2956; Part NE4 Section 5, T4, R68W of the 6th P.M., Weld County,
Colorado.
Location Approximately 650 feet 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 000038
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
Pi 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.
lnmmpntr J4 KMPA AD rx-w %. -R-ten CiWpt i l'- r ne
Vlbt)Ybw) k t\(A(/"
Signature
Agency
Date
❖Weld County Planning Dept. ❖918 10'" Street Greeley, CO. 80631 •(970) 353-6100 ext.3540 •*(970)304-6498 fax
Jun -O3 -O8 O3=OOP town of berthoud
97O 532 O64O P.O1
lURe
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 -4816
Please Reply By June 30, 2008 Planner Chris Gathman
Project Two -Lot Recorded Exemption
Legal Lot A of RE -2956: Part NE4 Section 5, T4, R68W of the 6th P.M., Weld County,
Colorado.
Location Approximately 650 feet 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 000038
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.
U Please notify me of any public hearings regarding this request.
Cornrnents
Signature
Agency
C -`Y
7t::W., 66 ra 9.42)Sg<,(L
(O 3 cc -
Date
+Weld County Planning Dept. &918 10" Street Greeley, CO. 80631 ?(970) 353-6100 ext.3540 O(970)304-6498 fax
03 -JUN -2008 03:02PM FROM -
T -238 P.002/005 F-259
T1�
lURe
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 -4816
Please Reply By June 30, 2008 Planner Chris Gathman
Project Two -Lot Recorded Exemption
Legal Lot A of RE -2956; Part NE4 Section 5, T4, R68W of the 6th P.M., Weld County,
Colorado.
Location Approximately 650 feet 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 000038
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
g 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.
comments.
Signature
Agency
'co --7 to-ccx
U
Date
+Weld County Planning Dept. +918 10" Street Greeley. CO. 80631 ++(970) 353-6100 ext.3540 +(970)304.6498 fax
itt4;\
WICYc.
COLORADO
• •
MEMORANDUM
4 Onunty "'arming Departm
_ , . _I =Y OFFICE
?Onh
TO: Chris Gathman, Planning Services DATE: June 11, 2008
FROM: Donald Carroll, Engineering Administrator
SUBJECT: RE -4816, 'vat- & Donna Larson
W
e°
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
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 Lots A and B of RE -4816.
pc: RE -4815, RE -4816, files
M:\PLANNING - DEVELOPMENT REVIEW\RE-Recorded Exemption \RE-4816.doc
JJe:d CounLy m2nt
Ori alt
Lw{I
fatilt
IIIDC
COLORADO
MemorandUffivED
TO: Chris Gathman, W.C. Planning
DATE: June 30, 2008
FROM: Lauren Light, W.C. Department of Public
Health and Environment
CASE NO.: RE -4816 NAME: Larson
Environmental Health Services has reviewed this proposal to exempt 2.4 acres from a 4.8 acre
site. Proposed lots ,-\ 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 w' ' he installed when residences are built on either parcel.
The following conci,'3ns 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 ;ewer 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 tc allow the installation cf a septic system the lot may be need to be
enlarged.
1
Weld County Planning Departments weld County Referral
GREECE`( OFFICE
WIlD �I►r' A Anna May 30, 2008
�.�a 1�
COLORADO �'ooa, Jury ®2 zoos
The Weld County Department of Planning Services has received the following item for review: hegfopgrSection
,
Applicant
Please Reply By
Project
Legal
Ivar & Donna Larson
June 30, 2008
Two -Lot Recorded Exemption
Case Number RE -4815 t --(
Planner Chris Gathman
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.
Number 1061 05 000039
IThe . •"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.
O Please notify me of any public hearings regarding this request
nommen:63(W Rev) nis8 is 15 eJk air -5c1.0- oT *kat- k lw j
caxti4tr 1; r� . (n H A.cc ess {Pro-Proh coo will be as look d
*0 n''J( all `Wt lots. Are access prrmd- must bi
4b+a,"{yal -b au.+Vort 2 all-1-I.ue_ -IYaffi•L be,ioi propo3cci
Signature #(6,1,G4- *s - t J
Agency ) aCIT CYO-, Date
❖Weld County Planning Dept. ❖918 10'" Street Greeley, CO. 80631 +(970) 353-6100 ext.3540 ❖(970)304-6498 fax
Weld County Referral
4
May 30, 2008
3
tl
3
Chris Gathm an
I
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4
6
B
as
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8
a
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08/21/2009 14:17 5087 OPERATIONAL SERVICES
PAGE 01
Planning/Operational Services
Boo South Taft Avenue • Loveland, CO 80537. Office (970) 613-6048 • Fax (970) 613-5087
To: Chris Gathman, Planner III
Weld County Department of Planning Services
918 10th Street, Greeley, Colorado 80634
Kate Browne
Planning Specialist
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.thompsonsehools.org
-1-1$1(o
LOT 'A' 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 Ivar 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:
❑ Permanent ■ Residential/Agricultural
❑ Temporary ❑ Subdivision
❑ Industrial
❑ Commercial ❑ Other
****************************************************************************************************
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
WCR 48
Ni
*******************************
OFFICE USE ONLY:
Road ADT Date _
Road ADT Date _
Drainage Requirement Culvert
Special Conditions
0)
cc
STATE HWY. 60
WCR 48
(Not Constructed)
Existing Access
(Approved by CDOT)
O
Existing 60' Joint
Access Easement
Accidents Date
Accidents Date
Size 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.ore
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 A 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,
District Engineer
Michael T. Cook
CERTIFICATE OF CONVEYANCES
STATE OF COLORADO
COUNTY OF WELD
WELD COUNTY
DEPARTMENT OF PLANNING SERVICES
Lawyers Title Insurance Corporation hereby certifies that it has made a careful search
of its records and finds the following conveyances affecting the real estate described
herein since August 30, 1972, and the most recent deed recorded prior to August 30,
1972.
LEGAL DESCRIPTION
Lot A of Recorded Exemption No. 1061-05-1RE-2956, recorded June 27, 2001 at
Reception No. 2861021, being a part of the Northeast 1/4 of Section 5, Township 4
North, Range 68 West of the 6th P.M., County of Weld, State of Colorado.
CONVEYANCES (If none appear, so state):
Reception No. 1559160
Book 637
Reception No. 1566446
Book 644
Reception No. 2247016
Book 1295
Reception No. 2861021
Book
This certificate is made for the use and benefit of the Department of Planning Services
of Weld County, Colorado.
This certificate is not to be construed as an Abstract of Title, Opinion of Title or a
Guarantee of Title and the liability of Lawyers Title Insurance Corporation is hereby
limited to the fees paid for this Certificate.
In Witness Whereof, Lawyers Title Insurance Corporation, has caused this Certificate to
be signed by its proper officer this 7th day of May, 2008, at 7:00 am.
Order No. 52-0004072
Lawyers Title Insurance Corporation
By /._ _
Authorized Signature
1
11!1559160 9
efrGf
i
Soot'.
637
Recorded at.
Reception No.
i 'o': ilk. M. DEC :'-1 1970
155SGO.... ANN SPOMER
Reeorin.
This Peril Made this /ec dayof December
19 70 between T. R. YELEK and DWIGHT F. EATON
of the
County of Lari mer and State of Colo.
do, of the first part. and L it L, Inc.
RECORDER'S ZTAMP
State Documeritary Pee
Dote ..DE.C.L i_iy]0
$ ..3.S.ev
a corporation organized and
existing under so.: by virtue of ti.e :. •f the State of Color ado
of the second part:
WITNESSETH, That the said part ies of the first part, for and in consideration of the sum of
other good and valuable consideration and TEN ($10.00) -.. DOLLARS
to the said parties of the first part in hand paid by the said party of the second part, the receipt whereof is
hereby confessed and acknowledged, ha granted, bargained, sold and conveyed, and by these presents do
grant, bargain. sell, convey and confirm, unto the said party of the second part, its successors and assigns forever,
all of the following described lot or parcel of land, situate, lying and being in the
County of Weld and State of Calm -tide, to v'5.
That portion of the Northeast Quarter of Section 5, Township 4 North
Range 68 West of the 6th Principal Meridian in the County of'Weld,
State of Colorado more particularly described as follows: Beginning
at the Northeast corner of said Section 5; thence along the North li
of said Section 5 West 1172.21 feet to the true point of beginning;
thence South 2`24'30" East 1321.17 feet; thence West 165.00 feet mor
or less to the West line of the East 12.50 feet of the West Half of
the Northeast Quarter of said Section 5; thence along said West line
North 2°24'30" West 1321.17 feet more or less to the North line of
said Section 5; thence along said North line East 165.00 feet to the
true point of beginning.
TOGETHER with all and singular the here'itement9 and appurtenances thereunto belonging or in anywise
appertaining. and the reversion and reversions, remainder and remainders, rents, issues and profits thereof: and all
the estate, right, title, interest, claim and demand whatsoever of the said. part 1 es of the first part. either in law
or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances,
TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the
said party of the second part. its successors and assigns forever. And the said parties of the first part. :or
them awl Vera heirs, executors, and adminiatrstors.do covenant. grant, bargain and agree to and with
the said party of the second part, its successors and assigns, that at the time of the ensealing and delivery of
these presents, they are well seized of the premises ohove conveyed, as of good, sure, perfect, absolute and
indefeasible estate of inheritance, in law, in fee simple, and ha ye good right, full power and lawful authority to
grant, bargain. sell and convey the same in manner and fonn as aforesaid, and that the same are free and clear from
all former and other grants, bargains, sales, liens, taxes, assessments and encumbrances of whatever kind or nature
soever, except subject to 1970 taxes, agreements, restrictions and
reservations of record, and existing easements.
and the above bargained premises in the quiet and peaceful possession of the said party of the second part, its
successors and assigns, against ell and every person or persons lawfully claiming or to claim the whole or any part
thereof, the said part ieS of the first part shall and will WARRANT AND FOREVER DEFEND.
IN WITNESS WHEREOF. The said partesof the first part ha re hereunto set their hand 5
and seal s the day and year first above written. • fJ
,K f.
T./W. Yelek
—641:611-F1
Eaton �- 1SE!.Ll
[SEAL;
Signed. Sealed and Delivered in the Presence of
STATE OF COLORADO,
v.
tt.. `` County of Lorimer I
r�,i.A.4 1,t instrument was acknowledged before me this
:bv 'lx':•. R Yelek fiJrtd Dwight F. Eatg
TAR,
GWIIiii-44490 and official seal
t
( nay of
December,
(SEAL(
!Warr Pnt:c
No, 952. WARRANTY DEED TO CORPORATION —Put PMLaesphle a.e.M„-Rndfard Publishing Ca., 151446 55.55 Woe( Amt.,. f• -. ...
•
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8' 5 a'eloek.:.:.M.,
. AP{i 27 1971
✓ • iv% Recorded 'et ...
• 644 Reception No 156.61.44&..._._._._.Ailt_....4
1??1566446 9
0
0
0
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6
\—\
THIS- DEED Made this 28th day of January
19 71, between
of the
T. R. YELEK and DWIGHT F. EATON
Countyof Lorimer and State of Cola
redo, of the first part, and
L & L, INC. acorporation organised and
existing under and by virtue of the laws of the State of Colorad Q.
of the second part:
WITNESSETH, That the said part leg of the first part, for and in consideration of the sum of
**Ten Dollars and other valuable consideration DOLLARS
to the said part les of the first part in hand paid by the said party of the second part, the receipt whereof is
hereby confessed and acknowledged, ha granted, bargained, sold and conveyed, and by these presents do
grant, bargain, sell, convey and confirm, unto the said party of the second part, its successors and assigns forever,
all of the following described lot or parcel of land, situate, lying and being in the _
County of Weld pnd State -of Colorado, to wit:
That portion of the NEI of Section 5, Township 4 North, Range
68 West of the 6th P.M., Weld County, Colorado more particularly
-described'as follows: Beginning at the NE corner of said Section 5;
th along the N line of said Section 5 W 553.32 ft to the TPOB; th
continuing along said N. line W 618.89 ft; th S 2°24'30"E 1321.17
ft; th W.165.00 feet more or less to_the W line of the E 12.50
ft. of the W half of the NE} of said Section 5; th along said,W
line South 2°24'30" East 1228.28 feet more or less to the S litie of
the NEI of said Section 5; th along said S line N. 88°47'00" East
779.31 feet m6re or less to a line which bears N. along said
2°19100" West
and passes through the true point . of beginning; th
line N. 2°19'00" W 2532.73 feet more or less to the true point of
beginning.
Above described parcel contains 40.571 acres.
TOGETHER with all and singular the hereditament. and appurtenances thereunto belonging or in anywise
appertaining, and the reversion and reversions, remainder and remainders, rents, Issues and profits thereof; and all
the estate, right, title, Interest, claim and demand whatsoever of the said part Ies of the first part, either in law
or equity, of, in and to the above bargained premises, with the hereditament. and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the
said party of the second part, its successors and assigns' forever. And the 'said part ies of the first part, for
their' yes heirs, executors, and administrators, do covenant, grant, bargain and agree to and with
the said party of the second part, its successors and assigns, that at the time of the ensealing and delivery of
these presents, they areell seized of the premises above conveyed, 4. of good, sure, perfect, absolute and
indefeasible estate of Inheritance, in law, in tee simple, and ha ye good right, full power and lawful authority to
grant, bargain, sell and convey the same in manner and form as aforesaid, end that the same are free and clear from
all former and other grants, bargains, sales, liens, taxes, assessments and eneumbrancea of whatever kind or nature
;never, except taxes for. 1970 payable in 1971, agreements, restrictio
and reservations of record, and existing easements.
Recorder.
RECORDER'S STAMP
State APRe27"1971
Data
s..._3.:.4o............_...
and the above bargained premises in the quiet and peaceful possession of the said party of the second part, its
successors and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part
thereof, the said part Sew' the first part shall and will WARRANT ANDFOREVF.R DEFEND.
IN WITNESS WHEREOF, The said parties! the first part haze hereunto set their hands
and seal 5 the day and year first -above written. s
Signed, Sealed and Delivered in the Presence of
STATE OF COLORADO,.
se.
- G E a County of Lorimer
'l1,efferegoing instrument was acknowledged before me this
19411• \r�' Fr,—Yelek and Dwight F.- Eaton
tyV it / /9, 7 7.
c�mission expire; (t? '
A, r
PI,lThiESS my halal and rofficial seal.
28th
[SEAL]
l [SEAL].
•
[SEAL]
day of January
Nolan rublk.
AR2247uL6 a —
1295 REC 02247016 04/12/91 16:01 .1.00 1/001
N 2134 NARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
WARRANT\' DEED
THIS DEED. \Ldi this 12th lay of April . I1) 91
benreen
L. & L., Inc., A Colorado Corporation
by ivar W. Larson, President
a corporation duly organized and Fisting under and h n virtue nl the bus of the State
of Colorado . grantor. °red
Ivar W. Larson and Donna N. Larson, Tenants in Common
%hose legal address h
925 N. County Line Road, Route 1
Berthoud, CO 80513
of the
'Counts tf
•
Larimer
v\ITNF:SSE1T1.Tim; the eunhrz. Nu and in etesi.Ieratitn it the sum of
. Slate 01 ('olorado. grantee:
(ten) $10.00 DOLLARS.
the receipt anti Sul li.iencr of allidl is berebc vellum le, Led, has granted. harg:tined. sold and emu eyed. and by these presents does
gram. hargain. all, cover and einlinn. noon the gnnrte. his heirs and assigro ILrncr. all the real propene together with
i ntpnnuncnts. i. am. situate. ping and beingin the County of WELD
State of Cnlurudi. described as Adm.,
A TRACT OF LAND LOCATE, IN THE NORTHEAST GUARTe3 0? SECTION 5,
TO'WNSHIP.h NORTH, RANGE 68 ASST OF THE SIXTH PRINCIPAL Y'4IDIAN,
WELD COUNTY, COLORADO, AID HDRE PARTICULARLY DESCRIED AS FOLLOWS:
BEGINNING AT IRE HORN EAST CORNER OF SAID SECTION 5, THENCE ALOUD THE
NDR7I LINE OF SAID SECTION 5 1.452 811.24 FZTT TO THE TRUE POINT OF EGINKINOl
TN!":CE CCNTII.'UIFG ALONG SAID NORTH LINE WEST 360.97 FIT; THENCE SOUTH
2'24'30" EAST 1321.17 FEET; THENCE WEST 165.00 rzr MORE oa LESS TO THE
WEST LIS OF 'FIE EAST 12.50 FEET OF 111E WEST HALF OF TnE nortra AT QUARTER
OP SAID SECTION 5;'THENCE ALONG SAID WEST LIRE SOUTH 2025'30" EAST 1227.92 gT FOPS CR LESS
TO THE SOUTH LINE OF THE NORTHEAST QUART7f OF SAID•SECTION 5; THENCE ALONG SAID SOUTH LINE
NO.a,Td 6I'b5'L3" EAST 521.55 FLT HORS OR LESS TO A LINE WIICIt BEARS BORTH 2'19'[0" KIST AND
PASSES THROUGH MR TRUE POINT OF EGINNING; THENCE ALONG SAID LINE NORTH 2'19'00" 'CT
also known he greet and number as: 2537.64 PTT MORE OR LESS IO THE TRUE POINT OF BEGINNING.
SAID DESCRIED PARCEL CONTAINS 25 ACRES PORE OR LESS.
TOGETHER with all and singular the hereditament. and appnenanee hereto belonging. or in unywixe appennining. and the
reversion and mcrsi,nn. remainder and remainders. runs. isue, and profits thereof. and all the estate. right. title. interest. claim and
demand whais ter of the grantor. either in law or equity. 1d. in and to the above bargained premises. with the hereditaments and
appurtenances.
I'll HONE AND TO 1101.1) the said premises above bargained and described with the appurtenances. unto the grantee. his heirs and
assigns ILrevcr. And the grantor. for ilseIl and its successors. does coven:nn. grat. bargain and agree la and with the grantee. his heirs
and assigns. That at the time if the ensealing and delivery of these presents. it is well seized of the premises above conmw d. has good,
sun, perhea, absolute and indeleasdfie estate of inheritance. in law. in lie simple, and has good right, lull ;cover and authority to grant.
bargain, sell and convey the sane in manner:Mai limes tdnresaid, and that he sane are free and clear tent ell farmer and taller grants.
bargains. sales. liens. laces. assessments. enaunbniuees and mlriainns of whatever kind or nature M ever. weep'
None
The grantor shall and will NARR.\NF AND I (RIi\'IfR 1)11:1 NI the above -bargained premises in the quiet and peaceable
possession of the grantee. his heirs and;bssigiis. again.; ;di and even person or persons lawfully elaiming the whole of att part IhereoF
The singular number .hall include the phial, lie pinnl the singular. and die use of any gender stall F applicable to all genders.
IN IV FINF:sssvl1EREOE. The grantor has calmed its corporate mune to ix hemmtn subscribed by its Corporate
Resident, and its corporate seal to he hereunto affixed. attested by itsCorporate 5tt'retan. the day and year first
alawe,/ielillett.
y. ...
....
9RN
•
•
SI'Afli OF COIDHADO
County Larimer
L. & L., Inc.
Ivar W. Larson r"'°an1
Tile Ie4.AlptnstNnInu ens :ulnu bleed ht.me this 12th by of
by oat W.4.11Ason, President and
:1: Oo If31son
.
..f . ., Inc., A Colorado Corporation
Nty cornlIi11sssipin11n��1pinsn August 28, 1992
writs tM W.ttnl an7dlgigial seal. N /i/C.
♦1'-. rs
'If in Denver. insert "City and."
April
as
a,
.1991
President
Secretary
a Cor,ontitn.
r.
f
•
No..101I. Rev. 541:. WARRANTY DEED 0'orpmr4ldll Ile,i.nd Mthaung `nP W M1 Aic . lac -ml, Cn X1124 - OW] :11.(S0)
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