The URL can be used to link to this page

Browse Search

Home My WebLink About841365.tiff q _ > ,IV RESOLUTION RE: APPROVAL OF FINAL PLAT FOR WEST HILL-N-PARK SUBDIVISION, 3RD FILING 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 Final Plat for West Hill-N-Park Subdivision, 3rd Filing, has been submitted to the Board of County Commis- sioners for approval in accordance with the Subdivision Regula- tions of Weld County, Colorado, and WHEREAS , at a public Board meeting conducted on September 12 , 1984 , the Board heard all of the testimony and statements of those present, and WHEREAS , the Board, having considered the recommendations of the Weld County Planning Commission, finds that the Final Plat for West Hill-N-Park Subdivision, 3rd Filing, be approved subject to the following conditions: 1 . Prior to recording the Final Plat Map the applicant shall post acceptable collateral in accordance with the Improvements Agreement According Policy Regarding Collateral for Improvements to secure and ensure com- pletion of the required improvements . 2. Prior to recording the Final Plat Map the applicant shall submit information demonstrating the Homeowner' s Association has been formed. 3 . Prior to recording the Final Plat Map the applicant shall submit evidence to the Department of Planning Services staff that the request for fire hose by the Milliken Fire Protection District, as indicated in its letter dated May 24 , 1984 , on file in the Department of Planning Services , has been satisfied. 4 . Prior to recording the Final Plat a sentence shall be added to the terms of Article XVI . Said sentence shall read, "A provision for automatic renewal of the covenants be made a part of the covenants; and a provision allowing for enforcement of the covenants by the Homeowner ' s Association be made a part of the covenants. " 841365 • 0 Page 2 RE: FINAL PLAT - WEST HILL-N-PARK SUBDIVISION, 3RD FILING WHEREAS , the Board further finds that the following Notes shall appear on the Recorded Plat: 1 . Fire hydrants shall be spaced as shown on the plat with additional hydrants placed at the end of the Homestead Cul-de-Sac and intersections of Casa Grande and Lake Mead; Kings Canyon and Carlsbad; and the southwest corner of Lot 10 , Block 2 . 2. Prior to issuing residential building permits, the devel- oper and/or owner shall construct a 24 foot paved road and 6 foot shoulders within the 50 foot wide platted right-of-way of 47th Avenue (WCR #33) . Road construction shall meet Weld County Engineering Construction Standards . The subject road may be completed in two phases and resi- dential building permits may be issued within each com- pleted phase. Phase One shall be the entire length of 47th Avenue (WCR #33) from WCR #52 through the intersection of Casa Grande Drive. Phase Two shall be the entire length of 47th Avenue (WCR #33) from Casa Grande Drive through the intersection of Mesa Verde Drive. A fence with a locked gate shall be installed north of Mesa Verde Drive to discourage through traffic. 3 . Prior to issuing any building permits a row of Russian Olive trees shall be planted by the applicant and main- tained by the applicant, until such time as the Home- owner' s Association is prescribed to take over mainten- ance. The trees shall run the entire length of West Hill-N-Park, Third Filing, as it abuts WCR #52 and WCR #33. The trees shall be spaced a maximum of five feet apart and be a minimum of three feet in height at the time of planting. 4 . No noxious or offensive activities shall be carried on upon any lot nor shall anything be done thereon which may become an annoyance or nuisance to the neighborhood. Junk vehicles may not be stored on any lot. A junk vehicle shall be construed to be any inoperative vehicle. No other junk items shall be stored there, i.e. , used building materials or any other matter. • Page 3 RE: FINAL PLAT - WEST HILL-N-PARK SUBDIVISION, 3RD FILING 5 . No lot shall be used or maintained as a dumping ground for rubbish. All trash, garbage or rubbish shall be disposed of in a neat and orderly manner at a facility authorized to accept waste material. Any expense in- curred for the disposal of such waste material shall be the sole responsibility of the owner of any such lot. NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado, that the Final Plat for West Hill-N-Park Subdivision, 3rd Filing be, and hereby is , approved subject to the hereinabove mentioned conditions. BE IT FURTHER RESOLVED by the Board that the hereinabove mentioned Notes be placed on the Recorded Plat. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 12th day of September, A.D. , 1984 . �/)') /J �J {- BOARD OF COUNTY COMMISSIONERS ATTEST:" 1OJIJ awv,.: €wi 4tP.tn WELD COUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the Board Norman Carlson, Chairman B • cetJ D puty County C erk J qu ine J h son, Pro-Tem APPROVED S TO FORM: Gene R. Brantner EXCUSED County Attorney Chuck Carlson 2nz. — d27,74,,2fr; T. Martin r BEFORE THE WELD COUNTY, COLORADO PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Doug Graff that the following resolution be introduced for passage by the Weld County Planning Commission. Be it Resolved by the Weld County Planning Commission that the application for: CASE NUMBER: S-237:84:9 NAME: Roy Lundvall REQUEST: A final plat for West Hill-N-Park Sub. , 3rd filing LEGAL DESCRIPTION: Pt. SW11 of Section 26, T5N, R66W of the 6th P.M. , Weld County, Colorado LOCATION: North and adjacent to Weld County Road 52, east and adjacent to Weld County Road 33 right-of-way be recommended favorably to the Board of County Commissioners for the following reasons: The Weld County Planning Commission recommends this request be approved for the following reasons: 1. The final plan conforms in all major respects to the preliminary plan as previously reviewed and approved by the Planning Commission and the Board of County Commissioners. 2. The applicant has complied with section 6-1 et seq. ; final plat submission requirements set forth in the Weld County Subdivision Regulations. 3. The Weld County Utilities Coordinating Advisory Committee recommended approval of the final plat utility plan in a meeting on August 9, 1984. The Planning Commission's recommendation for approval is conditional upon the accomplishment of the following items: 1. The Final Plat Map shall be corrected to show the maximum spacing of five hundred (500) feet between fire hydrants, with no mobile home or building being more than five hundred (500) feet from a fire hydrant; The fire hydrant spacing requirement is in accord with referral comments from the City of Evans Planning Commission, the City of Greeley Planning Commission, the Weld County Planning Staff, and the approved preliminary plan; 2. Prior to recording the Final Plat Map, the applicant shall post acceptable collateral in accordance with the Improvements Agreement According Policy Regarding Collateral for Improvements to secure and ensure completion of the required improvements; 110 S-237:84:9 Roy Lundvall A final plat for West Hill-N-Park Sub. , 3rd filing Pt. SW1 of Section 26, T5N, R66W of the 6th P.M. , Weld County, Colorado August 21, 1984 Page 2 3. The applicant shall demonstrate to the satisfaction of the Planning Commission and Board of County Commissioners that the concerns between the Weld County school District Number Six (6) have been addressed and resolved between the applicant and the referral entity prior to recording the final plat map; 4. The applicant shall demonstrate to the satisfaction of the Planning Commission and Board of County Commissioners that the concerns of the City of Greeley Planning Commission regarding the extension of Lassen Court, the street improvements within the subdivision, and the improvements to Weld County Road 33 right-of-way (47th Ave.) have been addressed prior to recording the final plat map. 5. The applicant shall agree to and accept the Board of County Commissioners proposal for improving Weld County Road 33 right-of-way (47th Ave.) . 6. Prior to recording the Final Plat Map, the applicant shall submit information demonstrating the Homeowner' s Association has been formed. 7. The following note shall be placed on the plat: "Prior to issuing any building permits a six (6) foot wooden fence shall be constructed by the applicant and maintained by the applicant, until such time as the Homeowner's Association is prescribed to take over maintenance. The fence shall run the entire length of West Hill-N-Park, Third Filing, as it abuts Weld County Road 52 and Weld County Road 33." 8. No noxious or offensive activities shall be carried on upon any lot nor shall anything be done thereon which may become an annoyance or nuisance to the neighborhood. Junk vehicles may not be stored on any lot. A junk vehicle shall be construed to be any inoperative vehicle. No other junk items shall be stored there, i.e. , used building materials or any other matter. 9. No lot shall be used or maintained as a dumping ground for rubbish. All trash, garbage or rubbish shall be disposed of in a neat and orderly manner at a facility authorized to accept waste material. Any expenses incurred for the disposal of such waste material shall be the sole responsibility of the owner of any such lot. S M S-237:84:9 Roy Lundvall A final plat for West Hill-N-Park Sub. , 3rd filing Pt. SW1 of Section 26, T5N, R66W of the 6th P.M. , Weld County, Colorado August 21, 1984 Page 3 10. That the terms of Article XVI of the Bylaws which allows amendments to the Bylaws by directors be amended to allow for changes only by a vote of the membership. Second sentence---that a provision for automatic renewal of the covenants be made a part of the covenants; and a provision allowing for enforcement of the covenants by the Homeowner's Association be made a part of the covenants. Motion seconded by: Louis Rademacher Vote: For Passage Against Passage Louis Rademacher Bill McMurray Sharon Linhart Stephen Hamilton Paulette Weaver Doug Graff Lydia Dunbar Jack Holman Bob Ehrlich The Chairman declared the Resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioners for further proceedings. CERTIFICATION OF COPY I, Bobbie Good, Recording Secretary of the Weld County Planning Commission, do hereby certify that the above and foregoing Resolution is a true copy of the Resolution of the Planning Commission of Weld County, Colorado, adopted on August 21, 1984 and recorded in Book No. IX of the proceedings of the said Planning Commission. Dated the 22nd day of August, 1984. o\t. Secretary I 4111 PETITION This Petition is concerning a Public Hearing before Weld County Planning Commission on , 3, concerning Final Plat-West Hill-N-Park calling to the attention of said Court the already existing conditions cf said Hill-N-Park. Below parties involved are in agreement that conditions are deplorable and unsanitary lowering the land value surrounding Hill-N-Park. We also wish to call to the Courts attention covenances not being upheld within Hill-N-Park and desire some satisfaction before Mr. Lundvall is allowed to extend this area. All below Petitioners are within 500 feet of final plat. y,, /a"h. Ca-754(a_ /�'Z'l . fl rw . Q/v . W A • shall be mailed, registered mail, not less than t days before the scheduled hearing. (6) A copy of the Final Plat filed with the Planning Department shall be available for public viewing. Any affected person may submit verbal or written comments to the Planning Commission regarding the Final Plat, stating the reasons for their support or objections to the Final Plat pursuant to these regulations, on or before the date of the Planning Commission Hearing. C. Board Hearing The Board shall hold a hearing on the final Plat within ten (10) days of receipt of transmittal from the Planning Commission at a regularly scheduled public board meeting. The Board shall also consider the modifications recommended by the Planning Commission. If the Board determines that the Final Plat submission and the recommended modifications complies with the applicable requirements of these regulations, they shall endorse on the Plat in the space provided. D. The subdivider shall provide the Planner with an adequate number of the approved plats or prints marked for modification, together with the official notification of the action to be distributed by the Planner as follows: (1) One copy to Planning Commission files (2) One copy to Board files (3) One copy to Subdivider (4) One copy to Engineer and/or Surveyor of the subdivision (5) One copy to Colorado Land Use Commission together with supporting materials submitted pursuant to Section 6-2 (6) One copy each to Utility Companies serving the Subdivision E. Recording Final Plat (1) The Planner shall record the Final Plat with the County Clerk and Recorder within five (5) working days of approval of the Final Plat by the Board. (2) The County Clerk and Recorder shall furnish the subdivider with a receipt for the Final Plat upon filing of the Final Plat. 6-4 Resubdivision Procedure A. For any change in a map of an approved or recorded subdivision plat or for any change in a map or plan legally filed prior to 35 0 40 shall be mailed, registered mail, not less than t days before the scheduled hearing. (6) A copy of the Final Plat filed with the Planning Department shall be available for public viewing. Any affected person may submit verbal or written comments to the Planning Commission regarding the Final Plat, stating the reasons for their support or objections to the Final Plat pursuant to these regulations, on or before the date of the Planning Commission Hearing. C. Board Hearing The Board shall hold a hearing on the final Plat within ten (10) days of receipt of transmittal from the Planning Commission at a regularly scheduled public board meeting. The Board shall also consider the modifications recommended by the Planning Commission. If the Board determines that the Final Plat submission and the recommended modifications complies with the I • applicable requirements of these regulations, they shall endorse on the Plat in the space provided. D. The subdivider shall provide the Planner with an adequate number of the approved plats or prints marked for modification, together with the official notification of the action to be distributed by the Planner as follows: (1) One copy to Planning Commission files I I (2) One copy to Board files r (3) One copy to Subdivider (4) One copy to Engineer and/or Surveyor of the subdivision (5) One copy to Colorado Land Use Commission together with supporting materials submitted pursuant to Section 6-2 (6) One copy each to Utility Companies serving the Subdivision rii. E. Recording Final Plat r (1) The Planner shall record the Final Plat with the County (I Clerk and Recorder within five (5) working days of approval of the Final Plat by the Board. (2) The County Clerk and Recorder shall furnish the subdivider with a receipt for the Final Plat upon filing of the Final Flat. fl6-4 Resubdivision Procedure A. For any change in a map of an approved or recorded subdivision I) _ plat or for any change in a map or plan legally filed prior to L 35 • • Date: August 21, 1984 CASE NUMBER: S-237:84:9 NAME: Roy Lundvall REQUEST: A final plat for West Hill-N-Park Sub. , 3rd filing LEGAL DESCRIPTION: Pt. SW1 of Section 26, T5N, R66W of the 6th P.M. , Weld County, Colorado LOCATION: North and adjacent to WCR 52, east and adjacent to WCR 33 (R.O.W.) The Department of Planning Services recommends this request be approved for the following reasons: 1. The final plan conforms in all major respects to the preliminary plan as previously reviewed and approved by the Planning Commission and the Board of County Commissioners. 2. The applicant has complied with section 6-1 et seq. ; final plat submission requirements set forth in the Weld County Subdivision Regulations. 3. The Weld County Utility Review and Advisory Committee recommended approval of the final plat utility plan in a meeting on August 9, 1984. The Department of Planning Services staff recommendation for approval is conditional upon the accomplishment of the following items: 1. The Final Plat Map shall be corrected to show the maximum spacing of five hundred (500) feet between fire hydrants, with no mobile home or building being more than five hundred (500) feet from a fire hydrant. The fire hydrant spacing requirement is in accord with referral comments from the City of Evans Planning Commission, the City of Greeley Planning Commission, the Weld County Planning Staff, and the approved preliminary plan. 2. Prior to recording the Final Plat Map, the applicant shall post acceptable collateral in accordance with the Improvements Agreement According Policy Regarding Collateral for Improvements to secure and ensure completion of the required improvements. 3. The applicant shall demonstrate to the satisfaction of the Planning Commission and Board of County Commissioners that the concerns between the Weld County School District Number Six (6) have been addressed and resolved between the applicant and the referral entity prior to recording the final plat map. • 4. The applicant shall demonstrate to the satisfaction of the Planning Commission and Board of County Commissioners that the concerns of the City of the Greeley Planning Commission regarding the extension of Lassen Court, the street improvements within the subdivision, and the improvements to WCR 33 right-of-way (47th Ave.) have been addressed prior to recording the final plat map. 5. The applicant shall agree to and accept the Board of County Commissioners proposal for improving WCR 33 right-of-way (47th Ave.) . 6. Prior to recording the Final Plat Map, the applicant shall submit information demonstrating the Homeowner's Association has been formed. • . ciTY Op EVANS, COLORADO 80620 �-aa� 3700 GOLDEN STREET POST OFFICE BOX 59 EVANS NS FOUNDED 36969 HOME RULE 1973 COLORADO August 15, 1984 Weld County Department of Planning Services 915 10th Street Greeley, Co 80631 ATTN: Mr. Rod Allison Re: Case No. 5-237:84:9 Final Plat; West Hill-N-Park Subdivision, 3rd Filing Dear Mr. Allison: At the regularly scheduled meeting of the Evans Planning Commission on August 14, 1984, the subject referral was reviewed. The Commission members felt the request would be compatible with the interests of the City of Evans with one exception. The proposed solution of providing 600 feet of 3 1/2 inch fire hose to the Milliken Fire District in lieu of providing additional fire hydrants was not felt to provide the same protection. A member of the Evans Fire Department who is a Planning Commission member indicated the life expectance of the hose would be six to eight years and therefore the solution would only be temporary. Following discussion of the referral , a motion was made and passed to recommend to Weld County that additional fire hydrants be required so that no mobile home or other building would be more than 500 feet from a hydrant as recom- mended by the National Fire Protection Association, Life and Fire Safety Code. FOR THE EVANS PLANNING COMMISSION /4 1 Galen Kane Superintendent of Planning and Building G K/mw office of the city manager 339-3475 police department 339-2441 office of the city clerk 339-5344 No GREELEY CIVIC CENTER, GREELEY, COLORADO 80631 (303)353-6123 �'Gree August 14 , 198 ( .1i1_ ,FUG 111984 Rod Allison , Planner II Weld County Dept . of Planning Services Weld Co. Planning Commissinn 915 10th Street Greeley, CO 80631 Dear Rod : This letter is in response to the referral on the Final Plat for the West Hill 'n Park Third Filing . The Greeley Planning Commission reviewed the request by Mr . Lundvall for preliminary plan approval at its meeting on May 8, 1984. The Commission recommended no objections to the preliminary plan subject to the following : 1 . Lassen Court being extended to the north to connect with Lake Mead Drive . This will alleviate concerns with the length of the Lassen Court cul-de-sac and relieve poor circulation , particularly for emergency vehicles , in the southwest part of the subdivision . 2. An entity responsible for the maintenance of the landscape buffers , parks , and tot lots needs to be formed . These areas do not conform with public park design and the City of Greeley would not be interested in purchasing or accepting maintenance for these parcels . 3. The streets within the subdivision should be constructed to City standards to include curb , gutter , sidewalk , and paving . 4. Fire hydrants within the subdivision should conform to City spacing standards which would be a maximum of 500 feet between hydrants . 5. Both 47th Avenue and County Road 52 are designated in the Greeley Comprehensive Plan as arterial streets . If this subdivision was located in the City, the City would collect $385 with the development of each lot to be used by the City ti i • Rod Allison Page 2 , August 14 , 1984 in constructing arterial streets . For this third filing of West Hill 'n Park , the City would collect $74, 690 in arterial street fees . The County should ensure that the developer of this subdivision or subsequent lot developers be responsible for an equivalent contribution toward development of arterial streets . With regard to the proposed Final Plat as presented , the City recommends no objections subject to the following : 1 . Lassen Court should be extended to the north to connect with Lake Mead Drive in order to improve the traffic circulation in the southwest part of the subdivision . 2. Fire hydrant spacing should conform with City standards which provide for a maximum of 500 feet between hydrants . 3. The streets within the subdivision as well as the proposed improvements to 47th Avenue should be constructed to City standards to include curb , gutter , and sidewalk along with paving . Thank you for the opportunity to review and comment on this application . If you have any questions pertaining to this matter , please do not hesitate to contact me . Sincerely, CITY OF GREELEY / / 1 A 21--et Ken McWilliams City Planner KM :vls irf-.'J G 14 1934 i 19eId Co. Planning Commission • • r. _ J ,=J,`�'Ir`I-`vLr if i�17 (;G n' \i,i Vr, �:RvIcEs i' PHON1 13u3i 356-inoo EXT. 4f AUG17 1984 975 70TH STREET J GREELEY,COLORADO 80631 r_ Weld Co. Planning Cowan'® CASE NUMBER s-237:84:9 • COLORADO July 23, 1984 REFERRAL TO WHOM IT MAY CONCERN : Enclosed is an application from Roy Lundvall for a Final Plat: West Hill-n-Park Subdivision, Third Filing The parcel of land is described as part of the SW1, Section 26, T2N, R66W of the 6th P.M. . Weld County. Colorado • The location of the parcel of land for which this application has been submitted i.s north and adjacent to Weld County Road 52; east and adjacent to Weld County Road 33 (right-of-wav) , approximately 1.75 miles west of Evans. This application is submitted to your office for review and recommenda- tions. Any comments or recouanendat: ons you consider relevant to this request would be appreciated. Your prompt reply will help to facili- tate the processing of the proposal and will ensure prompt considera- tion of your recot:miendations . If a response from your office is not received within 14 days of mailing from our office, it may be in- terpreted to mean approval by your office. If you are unable to respond within 14 days (but wish to do so at a later date) please notify our office to that effect . Check the appropriate boxes below and return to our address listed above. Please reply by August 10, 1984, so that we may give full consideration to your recommendation. Thank you very much for your he and cooperation in this matter. 1. We have reviewed the proposal and find no conflicts with our interests. 2. A formal recommendation is under consideration and will be submitted to you prior to 3 . Please r r to the enclosed letter. Signed /�/p��J (/ p Agency �1/P�� (� SG() Date z-fc yy Rod Allison, Current Planner II RA:ro e:' /r.,c :•). r. .Jr' 4 Mr. Lu.uid',.a11 I JPi m reviewing e'Y•.sP'alitiofi Plans for West Hill 'r► Park: Ord t i lei'r►g) , - I have .a. concern over adequate fire hYdr•a.iit sPaceiii' . The distance from some hydrants to the end of cul-de-sacs and some long streets, are, in some cases, over 500' 1 oi i';. F's this Problem exits in Hill ii Park in general , the iiitr'est in exsPant•ior► of the Park has brought uP some ideas to overcome this Problem. The most e z •Pe'rsi',r►_ solution to this Problem would be to install more hydrants in the e cul-de-sacs and some of the longer streets, however I ' rr► sure it would be agreed that this alone would be cost Prohibitive. The most P r'act,i c l e solution would be larger diameter hose to l a.Y fr•orti the hydrant to •a. fire. The Pr•ere'nt size hose we now use is two and a.. half inch diarr►eter', v'ir•tually all of which is vintage 1950 and older. Hose of this size_ and age sirr►P lyy cannot deliver the required water f'la,J beyond distances of 400'. To deliver a: , adequate wa.t.er su.PP1Y beyond 4010' would require thee and a half inch hose, which would cost about $1500. 00 for a 6r_0' _u.PP ly. however, this is _far less than it would cost to install even 1 exstra hydrant. As you maaY be aware of . the Milliken Fire District oPera.tes two fire stations on a very limited budget. Fire hose of the tYPe and amount needed is cost Prohibitive for a major Purchase by the district in the for•seeab l e future. In order for this fire station to keeP uP with e::<sPa.'ndiii'3 subdivisions, as well as the construction of oil and gas sites, which themselves Pose a great firefighting hazard. our eqU.iPmeiit must be brought uP to date. t A donation to the fire station at Hill nPark for• the P u.rP ose of buying new tire hose would allow us to do the fr l lru►,,ii,g A. :'F:e•t.ir-•e old. outdated and inadequate sized hose. P. ?Hc lP Provide the level of fire Protection e.ver.'•'ao'i►e e'r:sPect✓s and deserves. C. )Provide a bett.er level of firefighting at oil and gas site fir'es, ►:.►h►ich would require long lay= of large diameter hr_ e. 'r'ou.r generosity in the Past allowed a. fire station to be built in Hill 'r► Park for all of the PeoPle iii the area. We would like to continue Provideing an adequate service to these PcoP 1e as time '-►oes on . • Thank YI:'I►. for your consideration in this matter and if '_aou have any questions Please call m+_ at 30-4108: or write me at 4710 1O HotsF'r•i'ngs Dr...Greeley . 1 ey . •7 i rr► L'W o l f•e: Ch i f f1. F. P. D. :si:..a.t i o'r► t 4 • all PICTURES PRESENTED AT THE PLANNING COMMISSION MEETING ON AUGUST 21 , 1984 I _.. .. i ` - 1 I % . gi f . ': •. + ' Q• P - + • • I j 6 . a s -----temimmin r+ _ r.� i ' - _ r+. ! 1 , • �`�`. iii_ ...f tini I Lailliair-- • . .-. 1 ' ,,._ _ T + J t 1 - LI __J____ __.1 dirifr"' 1 , ,. ft . 1_ I i i _,tea 4 "'o - of• ,• _ . .l , fi II • • PICTURES PRESENTED AT THE PLANNING COMMISSION MEETING ON AUGUST 21 , 1984 �� - PIS. oaf i Ir. .r\ , - �.i•.--` I• v�r Or j _.• I T1^ -~elte ' s1 r • a r • ......ey 4 if R • T �: ' _ - - i. :,.‘, „ . . „if , 7.i. r iRA .k, irillilmir .. - . ta , J .pi s-a•r.ya..a.ales I tir: i ,`' _.L' S � . ; ' , �[1 - 'r 1 s1 vA toe -. 3 `fli r ,� 7�Ip• -` r y wi//Z 1. . --*r"._ - +��- ♦N • ID PICTURES PRESENTED AT THE PLANNING COMMISSION MEETING ON AUGUST 21 , 1984 ;l �- r ■S! I M s WO . Y a 9�il IlI1lI iI .fir-..� • i� i N ff f • . l T` fit•. .rar . • .� ♦ .. ._ -- I err r . . 1..1 a ,' ti!"-- lltirl . -.. • Edda y nor r . I% I. ift -ar- ' iiill ' du el L-440 . • q as ii.• 1 1•1 44 Ski -a !� d 1 4 .1P41," l a -' , • 110 PICTURES PRESENTED AT THE PLANNING COMMISSION MEETING ON AUGUST 21 , 1984 • r� t .4 . i. it L I, l ,in, ;,i C . L I , ll ' ... C - -- . le : Fri L1:11.‘"41.6.-'- -- • 1/4'.IMIIIIIIIIallqlli4IMI 1 _is?: ... 0 LAND USE APPLICATION SUMMARY SHEET August 14, 1984 CASE NUMBER: S-237:84:9 NAME: Roy Lundvall ADDRESS: 1770 25th Avenue, Greeley, Colorado 80632 REQUEST: Final Plat: West Hill-N-Park Subdivision, Third Filing LEGAL DESCRIPTION: Part of the SWZ, Section 26, T5N, R66W of the 6th P.M. , Weld County, Colorado LOCATION: North and adjacent to Weld County Road 52; east and adjacent Weld County Roadd 33 (right-of-way) SIZE OF PARCEL: 56.25 acres POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The review procedures for a final plat are listed in Section 6-3 et seq. of the Weld County Subdivision Regulations. A copy of Section 6-3 et seq. is attached to this summary sheet. The staff has not received comments from the city of Evans or Greeley. The Utility Coordinating Committee approved the final plat on August 9, 1984. The Planning and Engineering staff, applicant, and Board of County Commissioners came to agreement on improvements warranted for Weld County Road 33 right-of-way (47th Avenue) . The applicants were asked to pave Weld County Road 33 to local street standards. Also, the applicants were asked to plant and maintain course grass in the buffer zones and parks, with the homeowners association determining the final landscaping requirements. A copy of the Preliminary Plan Planning Commission Resolution is attached to the summary sheet. A subdivision improvements agreement must be approved by the Board of County Commissioners before the final plat can be recorded. RA:rg r FILLD CHECK _ FILING NUMBER: S-232 DATE OF INSPECTION: 4-30-84 NAME: Roy Lundvall REQUEST: Preliminary Plan, West Hill-N-Park LEGAL DESCRIPTION: Pt. sW„ Sec. 26, T5N, R66W of the 6th P.M. LAND USE: N Pasture, Arrowhead Subdivision E West Hill-N-Park S 49th Street, single family residences W 47th Avenue (Right-of-Way) , agricultural production LOCATION: Approximately 1 mile west of Evans; E Residential Five (R-5) north of 49th Street and east of 47th Avenue (j Agricultural, Residential one(R right of way w Agricultural COMMENTS: Access to the property is from WCR 52 (49th Street) , a paved arterial. The access off of WCR 52 is through West Hill-N-Park, First Filing. There are two accesses planned off of WCR 33 (47th Avenue) right-of-way. WCR 33 at this location is an undeveloped arterial street. There is an existing overhead power line located in the center of WCR 33 right-of-way. The following asphalt streets are in place: Kings Canyon Drive, Carlsbad Drive, Lassen Court, Everglade Court and Yosemite. Drive. Water and sewer lines exist as utilities on the property. The slope of the property is slight and varies at different locations. BY: _Z a Rod Allison, Planner II RA:dg 27 _ 6 �. 26 \�'� 25 a s 4747. ._,S 4800 r — \ 4� i A_� p _ - . �� pp .J I' tOWN / O J railer ��Rad 03oWer �AN6 o V •489 44.4 _ \---- —\--/ i n� 4 cons a • „' •I 6ravel Frit r:" vJB 4©O l\\ \__.--,_I, ___�4]64� _. - 6 j. 7_ . .4667• �`J \•� I`�__1.% •�4700 t j0 `.. TT' �bo r _.. 4670 f )) • (::::) 2_--' ____./--I --- 1 -e'l _,..-,..---.4.4 'e'.- -- p1 °° / 35 _ ----- i - 1 / x466/ S . 36 H c. 368 l i \> �, �/ O` So 466 .'r �2 '7 �• 4668 �I� /. / 4676 4675 R o E6> _ o � �1 � I 11 f E y " 179 r F tiT ri r e !IH Goo if e —� ' \ Or�Or� I Igo ;,.> a a yP? l� 9 cs p v^ � � 1(46 cP . III 0�6R �/ � P ? � �" p �aQQF 0"!. —� �466� a70o� \=�'i'N °� - v�0 60 l'a rlvlc v i IT ��--, 4700 UNION _ ___ Well 92 I OIS Vi 47/O � —466 ' II$r '� INOEPENOENT oe _97 4)// Well II _ \\� W Well a F 47 le. -'pp 4 a RI Np =1 G O Z O a' i O e I 5M 1 0 Wells x 1, 11 Well I 12 W?3- =_, j - . •• .n7/6 47/4' 11 W/8 !cc il ci ._71' •1 )iio well 49// �_-_ 1�fqd00 lz> Wells er :4726 =- 1 47dJ .> J• nJre W2s '' I \ 0 4 I. a Well to •' . . of • wy [ -*S.-.1.-,, p'• ' Q•�••J-\� // rl 1 `.-... : — i• t i• 23 J Nip& PACIFIC •p - ,Ft p' ' •• d •_ • 7 °e Cam J t♦ • 'r .� 1?�\ w[ —IRLY � "4I) Q • 34 ` J k 34 31 @ S "I, , C 1 • I .RY Y �� \ l\ .I •�fa 1 •'• Fr ' ig 55 Pr' ; 4 K °. . ' 1 o cwt h•. z I •ib J G _ nJeY _t SAT) -° IzUJ l a ze. �s•ii `s I d•— F . O ? }� e. r!y, ` o o k "• GREEDY >• i ,Q• S se..b. �rtS • o n �... . I l P6piq ).Y •� .sa4:1,._\{@ noon Men' °. ��i. a. ue0: • I •"tx '� ° 4)`3i4/ • • zJ z•1 •JY / •-�'i• 1: a O I L �/I . . • . ' '• : • ! I1 1 • I•• \0} 1 ° ff�VO5 / • /) j J ! 11.37" •I' z• a�ju\ • Grassy HILL, x• zs t �! 1' ri'i �,2 x • xJ •• •I .4_2 •••:.•:s ...:. .G .%•.... (sae•/f .•�.. +� 1 .. ,i - - - - - • .- - ._J .y �?• _ i � Jf A'�•[^Cl ' • iii G a4H ' First I A ;COrrecfion G 1 • Line St • •h • NOrf •�. E I' •• • uSnL E Y f .1,17/•-•,-- • I �� •e_ Un,nn; D;,CIFoJSL ' • _\ '�, ��p• UNION .� T • -•—✓44C/F/C C V a/Y ;a y_-( i�- MI lKg; 031 • • 'A ! .J05 ° • i ° V• a • rt•• o(nr�p `,'• • n I' iii YX ••7 •• • ns .-c_�L •IY . . •r • ' 1 • J� .• Is 1 i nlx•. e• I. I• p • ra • •• 1 (a... �qj• 317. • ^' pircn •c Le; • • gt c •• ✓o.me •• 171 I~ •HH 5/r' • . • :e /�.• n• •tl• J♦ •�i. n zo xi u... n• n a•r — _ _._- •,:In ••p _ • !•, it ars o'• • n • • I • • • • • �i pJ•T• n •1 '• J •n... n JJ J•1 JJ b N ' - - - --- I ' • • • \� I • \.' ; I . • . • 1 ... III . °."��•.Jo.(x • Cr a I " • v , J • -°;o', a iJ .. I ' • a ` „ ;1' r I •• /✓/ • • :�� '. .A ,, �J I • a Pi iiv`` w • I • I• q. i �. xit iJ � xJ �LA1iEVILLE I » ..Y. i° • 1 xo v _ �/ zJ J• tot �nr r i( ze x, I IF.I x1 44- JO x• le• • -.�`�.A� �' • , ! ��, E JJ J• I ��m• J• v —sx ii I �` a • o , 1/ ••° .�c - •]I .. �' ....'\/ F: . r- • • 6-3 Review Procedures - Final Plat I A. When a Final Plat has been received it shall be acted upon by the Planning Commission at a meeting scheduled for subdivision review, within sixty (60) days or another mutually agreed upon period of time. B. County Planning Commission Review i (1) The Planning Commission shall review the Final Plat at a regularly scheduled public meeting. The Planning Commission may require or recommend changes or modifications to the Final Plat in the public interest. If the Final Plat and all supplementary data comply with the applicable i requirements of these regulations, the Planning Commission shall endorse on the plat in the space provided. (2) Within ten (10) days after review of the Final Plat at the public meeting, the Planning Commission shall send written notification of its Review to the Board. Required and recommended modifications to the Final Plat, if any, shall be noted on three (3) prints of the plat; one copy to be transmitted to the Board, one copy to be retained in the Planning Commission files, and one copy to be transmitted to the subdivider. (3) The only basis for rejection of a Final Plat shall be its non-conformance to adopted rules, regulations and resolutions currently in force and affecting the land and its development in the county, its lack of conformance with 1 approved Preliminary Plan, and changes required in the public interest. (4) Notice of the time, date and place of the Planning Commission Hearing shall be sent to owner(s) of property of the surface estate within five hundred (500) feet of the property under consideration. The source of the ownership information will be from the submitted list required in Section 6-2 P. Such notification shall be mailed, first class, not less than ten (10) days before the scheduled hearing. Such notice is not required by Colorado State Statute and is provided as a courtesy to surrounding property owners. Inadvertent errors by the applicant in supplying such list or in sending such notice shall not create a jurisdictional defect in the hearing process even if such error results in the failure of a surrounding property owner to receive such notification. (5) Notice of the time, date and place of the Planning Commission Hearing shall be sent to owners and lessees of the mineral estate on or under the subject property. The source of the ownership information will be from the submitted list required in Section 6-2 Q. Such notification L 34 • • J shall be mailed, registered mail, not less than ten (10) days before the scheduled hearing. (6) A copy of the Final Plat filed with the Planning Department shall be available for public viewing. Any affected person may submit verbal or written comments to the Planning Commission regarding the Final Plat, stating the reasons for their support or objections to the Final Plat pursuant to these regulations, on or before the date of the Planning Commission Hearing. C. Board Hearing lThe Board shall hold a hearing on the final Plat within ten (10) days of receipt of transmittal from the Planning Commission at a regularly scheduled public board meeting. The Board shall also 1 _ onsider the fla' F -,ti ns recnrrierded h•. the Planning , submission and the recommended modifications complies with ire applicable requirements of these regulations, they shall endorse on the Plat in the space provided. D. The subdivider shall provide the Planner with an adequate number 1 of the approved plats or prints marked it:r modification, together with the official notification of the action to be distributed by the Planner as follows: 1 (1) One copy to Planning Commission files (2) One copy to Board files (3) One copy to Subdivider (4) One copy to Engineer and/or Surveyor of the subdivision (5) One copy to Colorado Land - Use Commission together with supporting materials submitted pursuant to Section 6-2 (6) One copy each to Utility Companies serving the Subdivision E. Recording Final Plat (1) The Planner shall record the Final Plat with the County 1 Clerk and Recorder within five (5) working days of approval of the Final Plat by the Board. (2) The County Clerk and Recorder shall furnish the subdivider with a receipt for the Final Plat upon filing of the Final Plat. 6-4 Resubdivision Procedure A. For any change in a map of an approved or recorded subdivision plat or for any change in a map or plan legally filed prior to 35 • BEFORE THE WELD COUNTY, COLORADO PLANNING CCD4ISSION RESOLUTION OF RECOaIENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Lydia Dunbar that the following resolution be introduced for passage by the Weld County Planning Commission. Be it Resolved by the Weld County Planning Commission that the application for: CASE NUMBER: S-232:84:4 NAME: Roy Lundvall REQUEST: A preliminary plan for West Hill-N-Park, third filing LEGAL DESCRIPTION: Pt. SW1 of Section 26, T5N, R66W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately one (1) mile west of Evans, north of 49th Street and east of 47th Ave. , right-of-way be recommended favorably to the Board of County Commissioners for the following reasons: THE WELD COUNTY PLANNING COMMISSION RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The preliminary plan conforms with the requirements of section 5-4 A. of the Weld County Subdivision Regulations. 2. The following referral entities have reviewed this request and set forth no objections: - The City of Evans; - The City of Greeley, subject to conditions as listed below; - The Weld County Health Department, Environmental Health Services Division; - The Colorado State Health Department, Water Quality Control Division' - . The Weld County Engineering Department, subject to conditions as listed below; - The Weld County Utility Advisory Committee; - The Greeley Soil Conservation Service, subject to conditions listed below. The following referal entities did not make recommendations; - The Colorado Geological Survey Division; - Milliken Fire Protection District; • - Greeley School District Number Six. - Issues that may arise from referral entities that did not respond at the preliminary plan level shall be addressed at the Final Plan Stage. S. The Planning Commission recommendation for approval is subject to the applicants complying with the requirements listed below in the final plan application: 1. A plan showing a minimum spacing of five-hundred (500) feet apart for fire hydrants; S-232::,4:4 Roy I.undvall Pt. SW4 of Section 26, T5N, R66W of the 6th P.M. , Weld County, Colorado Approximately one (1) mile west of Evans, north of 49th Ct. and east of 47th Ave. ,right-of-way May 18, 1984 Page 2 2. Additional information about storm water detention, as requested by the County Engineering Department in a memo dated May 1, 1984. 3. Plans for improving 47th Avenue, as requested by the County Engineering Department in a memo dated May 11, 1984. 4. Plans for constructing an emergency access easement across outlot "F" extending Lassen Court to Carlsbad Drive; 5. Information explaining the formation of an entity responsible for enforcement of covenants, maintenance of parks, buffered areas, and landscaped areas; 6. Information detailing an erosion control plan as requested by the Greeley Soil Conservation Service in a letter dated May 4, 1984. 7. A plan for landscapping of parks and the entire area of West Hill-N-Park, third tiling. Motion seconded by: Jick Holman Vote: - For Passage Against Passage boug uraft Sharon Linhart Louis Rademacher Jack Holman Bob Ehrlich The Chairman declared the Resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioners for further proceedings. CERTIFICATION OF COPY I, Bobbie Good, Recording Secretary of the Weld County Planning Commission, do hereby certify that the above and foregoing Resolution is a true copy of the Resolution of the Planning Commission of Weld County, Colorado, adopted on May 15, 1984 and recorded in Book No. IX of the proceedings of the said Planning Commission. Dated the 17th day of May, 1984. Secretary \ COMMENT The Department of Planning Services has not received any objections to this request. C. REFERRAL LIST APPLICANT: Roy Lundvall CASE NUMBER: S-237:84:9 SENT REFERRALS OUT: July 23, 1984 REFERRALS TO BE RECEIVED BY August 10, 1984 o 0 cn v� 0+ 6 14 w H ¢ w r P A Z W H z 0 0 O Z 0 W W W cn W 'CIA 4. 41 O 0 O W 0 0 0 W W 0 W 0 z via z z vi a z County Attorney (plat only) x Jeff Hogner Panhandle Eastern Pipeline Co. Y Weld County Health Department P.O. Box 127 XX Brighton, Colorado 80601 Engineering Department )( XX (Send Additional Info) Milliken Fire District County Extension Agent )( Bud Jennings, President P.O. Box 58 Milliken, Colorado 80543 Office of Emergency Management Greeley Soil Conservation Dist. 4302 9th Street Road City of Evans Greeley, Colorado 80634 Galen Kane P.O. Box 59 Bob Ehrlich Evans, Colorado 80620 Planning Commission Member P.O. Box 60 Milliken, Colorado 80543 State Engineer Greeley School District #6 Division of Water Resources A„ Paul C. Bisel 1313 Sherman St. , Room 818 2204 5th Avenue Denver, Colorado 80203 Greeley, Colorado 80631 State Highway Department Colorado Geological Survey 1420 2nd Street X 1313 Sherman Street Greeley, Colorado 80631 Room 703 Denver, Colorado 80203 �! Colorado Department of Health (applicant pays for expenses) !� Water Quality Control Division 4210 East 11th Avenue Denver, Colorado 80220 City of Greeley Ken McWilliams 919 7th Street Greeley, Colorado 80631 f f 5/24/84 Fir•. Lund'.'a.l l ' LIP i_''r 1 reviewing i' ::_ ':7,•i it.1 oYi Plans for West Hill 'ri Pa.r k , ( r -J t i l€ i'l Ig) , - I have a concern over adequate fire hydrant sPaceing. The distance fr•'•orii sor"n_ hydrants to the end of cul-de-sacs and some long streets, are, in sc'r' = cases, over 54• Il' long. As this Problem exits in Hill 'I i Park in general , the i'r itr•e t, in ►xsP.ant i ci'n of the Park has brought up sorrie ideas to overcome this Problem. The most exsPensive solution to this Problem would be to install more hydrants in the cul-de-sacs and some of the longer streets, hciu..jeve'r I'm sure it would be agreed that thi alone would s ;' be cost Prohibitive. The most Pr'.g,i_ticle solution would be larger diameter hose to l.a'Y from the hY dr'a'I jt, to a fire. The Present i zF= hosE' we now use is two l:+ l .cr'. i l! iJf Cji.1s ,i._- :.i-i'.1 .zi _iiiih' l.7 '_•:.illl'J= L= , - . I I water flow floi,w beY and distances iii.' <lu!I' . To deliver an adequate water suPF' l! beyond 400' would require thee and a half inch hose, which would cost aboiu.t. $15}J0.00 for a 600' suP P l y , howevE-r, th i_ is . far lesstha.ri it would cost to install even 1 exstra hydrant. As YOU may be ai..jar•e of . the Milliken Fire District i i �ir•ates two _F' fire stations on a ver'Y limited budget. Fire hose of the t.ype and amount needed is cost Prohibitive for a major Purchase by the district in the f'or'_ecable future. In order for this fir'E' station to keep uP with e; sP'a.iidiii'3 subdivisions, as i,.ie11 as the construction of oil and gas sites, which themselves Poise a '3r•eat firefighting hazard: our ► q u i P rrie r it must be brought UP to date. A donation to the f'ir'e station at Hill 'II F'ar-k for• the Pu.r'Prise' of buying new fire hose would allow us to do the following • A. :'F'E't.ir-•E' old' outdated and inadequate sized hoP.. B. .aHE_lF' Provide the level of f'ir'e Protection e'.rer•',aone exsPPrts arid deserves. C. )i-r'f_i'v'i d e •a better level of firefighting at o i 1 and gas .s i t.e. f ires, whiish would require long lays of large rJ1.7.rr,Pt_.er ho,,,P. Your ';eiier•osit'_t in the past. allowed •a t'ir'e station to be built in Hill ri Park for all of the PeoPle in the area. We would like to continue Pro'. idei'rg an adequate service to these People as time goes on. Thank J0ii, for ou.r• consideration in this matter and if you have any questions Please call me at. '230-4108: or write me at 4710 H'Itsp r•i nigs Ur, Or•'eleY. iii", Wolf ,Chief M. F. P. L. , st..atio'r 2 /, . l/t m 811 Fifteenth Street • Greeley, Coiorido 80631 • 303/352-1543 Paul Bsel William A. Mitchell. Ed.D., Superintendent Director of Facilities and P!anrang 352-1543, x53 • 4 June 1984 Weld County Department of Planning Services 915 Tenth Street Greeley, CO 80631 RE: West Hill-N-Park, Third Filing Gentlemen: We have reviewed the documents on the above project. Our main concerns are, 1) paved circulation for our school buses and 2) access on 47th Avenue into the Arrowhead development. Presently we have to use a circuitous route in order to get the buses from West Hill-N-Park to Arrowhead. This final stage of development of West Hill- N-Park appears to be the ideal time to connect these two areas. Otherwise, we have no objection to this Third Filing. Very truly yours, Pat4Fe at:P Paul C. Bisel, Director Facilities and Planning fws A DEPARTMENT OF PLANNING SERVICES PHONE 1303)3564000 Ext-4400 915 10TH STREET GREELEY,COLORADO 80631 COLORADO • NOTICE OF PUBLIC HEARING The Weld County Planning Commission will conduct a public hearing on Tuesday, August 21, 1984, at 1:30 p.m. to review a request on a parcel of land described as part of the SW 1/4. Section 26, T5N, RAW of the 6th P.M Weld County. Colorado containing 56.75 acres, more or less. This public hearing to be held by the Weld County Planning Commission for the consideration of the above referenced request will be conducted in the Weld County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 915 10th Street, Room 342, Greeley, Colorado 80631, before the above date or presented at the public hearing on August 21. 1984 • Copies of the application are available for public inspection in the Department of Planning Services, Room 342, Weld County Centennial Center, 915 10th Street, Greeley, Colorado (356-4000, Extension 4400) . Bob Ehrlich, Chairman Weld County Planning Commission To be published in the: La Salle Leader To be published one (1) time by: August 9, 1984 Received by: , ! ///�� ///111 Date: oN 91 �y • • C Neal carpenter. President t I Eugene R.Brauer Gordon W Brucnner MPatrick C Dwyer Robert J.Shreve Dale Dale J.Sle¢hen Robert D.Thomas Gary R.Windolph TO WHOM IT MAY CONCERN: I , Michael T. Thomas, hereby certify that the attached list of mineral owners, outstanding leases, and property owners within 500 feet of the proposed West Hill N Park Third Filing, as prepared by Stewart Title Company, March 26 , 1984, has been verified and updated using the records of the offices of the Weld County Clerk and Recorder and Weld County Assessor's Office, on June 20, 1984. Michael T. Thomas, L.S. Project Manager pt 800 Eighth Avenue P.O. Box 2021 Greeley,CO 80632-2021 303-356-3930 FINAL PLAT • PBDIVISION APPLICATION Department of Planning Services, 915 - 10th Street , Greeley, Colorado PHONE: 356-4000 Ext . 404 FOR PLANNING DEPARTMENT USE ONLY: CASE NO. APPL. FEE ZONING DISTRICT RECORDING FEE DATE RECEIPT NO. APPL. CHECKED BY TO BE COMPLETED BY APPLICANT: (Print or type only except for required signatures) : I (we) , the undersigned, hereby request a hearing before the Weld County Planning Commission concerning proposed subdivision of the following described unincorporated area of Weld County. LEGAL DESCRIPTION: (ATTACHED HERETO) (If additional space is required, attach an additional sheet of this same size. ) NAME OF PROPOSED SUBDIVISION West Hill N Park Third Filing EXISTING ZONING R-5 PROPOSED ZONING R-5 TOTAL AREA (ACRES) 56.25 NO. OF PROPOSED LOTS 194 LOT SIZE: AVERAGE 6,997 sq. ft. MINIMUM 6,400 sq. ft. UTILITIES: WATER: NAME City of Evans SEWER: NAME Hill N Park Sanitation District GAS: NAME Greeley Gas PHONE: NAME Mountain Bell DISTRICTS: SCHOOL: NAME RE-6 FIRE: NAME Milliken DESIGNERS' NAME ARIX, A Professional Corp. , Attn: Mike Thomas ADDRESS 2021 Clubhouse Drive, Greeley, CO 80632 PHONE 330-2749 ENGINEERS' NAME ARIX, A Professional Corp. Attn: Mike Thomas ADDRESS 2021 Clubhouse Drive, Greeley, CO 8U632 PHONE 330-2749 FEE OWNER OF AREA PROPOSED FOR SUBDIVISION NAME West Hill N Park, Inc. (Roy Lundvall , President) - ADDRESS I //U 25th Avenue, Greeley, CO 80632 PHONE 352-8/30 NAME ADDRESS PHONE NAME ADDRESS PHONE I hereby depose and state under the penalties of perjury that all statements, proposals and/or plans submitted with or contained within this application are true and correct to the best of my knowledge. COUNTY OF WELD ) STATE OF COLORADO) Signature : Owner or Authorized Agent Subscribed and sworn to before me this day of 19 SEAL NOTARY PUBLIC My commission expires: 804-79-026 ' WCDPS-78-1 e . • • • LEGAL DESCRIPTION A tract of land located in the Southwest Quarter (SW1/4) of Section 26, Township 5 North , Range 66 West of the Sixth Principal Meridian, Weld County, Colorado. Being more particularly described as follows : Beginning at the Southwest Corner of said Southwest Quarter of Section 2§ and considering the West line of said Southwest Quarter to bear North 01 11 ' 12" West with all bearings herein relative thereto; Thence along the West line of said Southwest Quarter North 01 ° 11 ' 12" West, 2472.56 feet; Thence North 89° 30' 03" East 1555.06 feet to a point on the West boundary of West Hill N Park, First Filing; Thence along the Westerly boundary of West Hill N Park First Filing by the following 20 courses; South 00° 22' 00" East, 220.00 feet; South 89° 30' 03" West, 60.00 feet; South 00° 22' 00" East, 120.03 feet; South 89° 30' 03" West, 109.90 feet; South 79° 56 ' 12" West, 101 .75 feet; South 66° 08' 00" West, 402.00 feet; North 89° 08' 42" West, 125.23 feet; - South 00° 51 ' 18" West, 105.66 feet; South 01 ° 03' 15" East, 60.03 feet; South 00° 36 ' 49" East, 78.03 feet; South 00° 51 ' 21 " West, 90.15 feet; South 00° 51 ' 18" West, 132.18 feet; South 01 ° 56' 03" West, 80.12 feet; South 04° 23' 55" East, 60.09 feet; South 01 ° 11 ' 12" East, 80.00 feet; North 88° 48' 48" East, 220.00 feet; South 01 ° 11 ' 12" East, 326.84 feet; South 28° 54' 14" East, 67.78 feet; South 01 ° 11 ' 12" East, 80.00 feet; South 00° 22' 00" East, 341 .56 feet to a point on the boundary of West Hill N Park Second Filing; Thence along the boundary of West Hill N Park Second Filing by the following three courses; South 00° 22' 00" East, 80.00 feet; South 89° 38' 00" West, 211 .15 feet; South 00° 22' 00" East, 390.00 feet to a point on the South line of said Southwest Quarter of Section 26; Thence along said south line of the Southwest Quarter South 89° 38' 00" West, 798.86 feet to the point of beginning. Said tract contains 56.25 acres more or less. • • STATEMENT OF 71TLL 11179 D.W. DATE. June 21, ., 19 84 TITLE NO.: _ - To tract of acres in Weld County, State of Colorado described as follows: (See attached Warranty Deed) • . • • PRESENT OWNERS ARE: West Hill 'N Park, Inc. -THEIR TITLE WAS ACQUIRED BY: I. Deed from: Four Quarter Land Co, Inc. - - - . • To: West Hill 'N Park, Inc. Dated: December 31, 1971 Book 659 Reception #1581236. - • 2. Will from: who died - and whose will was probated in Weld County, State of cQlOrado , same being probate No. Name and address of Executor: 3. Descent from: who died , intestate, leaving as his only heirs at law, the following persons whose names and respective ages are as follows: • • Administration being taken out in County, State of under Probate No. . Name and address of Administrator: LIENS AND JUDGAIENTS (Give names and addresses of holders of all liens): • (None) RlY1AIth S: - - (No recorded Easements or Rights-of Way) n This report is made for the benefit_of , (Arix) i -.6' S .wain \;.• w •,�f'1 l a.. 1 T _ v eat . • a b ragas w 1 WARRANTY DEED --CORPORATIOF�a- ( zt .: 659 e duly organized and existing under and by virtue of the laws of the State of Colorado, for and in consid- ,y eratWn ot_Cghejc9onslderatior,and- ' . ------------------- - c. -. ... 4=1.0..Dp4---------------------------._Dollars in hand paid, does hereby sell and convey to ' so • rrs West Hill 'N Park, Inc., a Colorado corporation cm g property �'. of the County of -----WCLd................._..._...._— and State of Colorado, the fo8owin real S co • UN Weld �•d • State of Cdoredo, ": w situate to the County of �....—_._. ..._....._..— __ w. to-wit: • w N _ ' N A tract of land located in the Southwest Quarter (SW1/4) of a ,r Section 26, Township 5 North, Range 66 West of the Sixth ,r 6,` o Principal Meridian, Weld County, Colorado and being more o o- , ,particularly described as follows: . ` Beginning at the Southwest Corner (SWCor) of said Section 26, • and considering the South Line of the Southwest Quarter (5W1/4) .'r M of said Section 26 to bear South 89° 38' 00" West and with all eN ig other bearings contained herein being relative thereto: Thence North 01° 11' 12" West, along the West Line of the - Soatwest Quarter (SWl/4) of said Section 26, 2,642.57 feet to tie West Quarter Corner (W1/4Cor) of said Section 26, said Quarter Corner also being the Southeast Corner (SECor) of tut 1, Block 1, THIRD FILING OF ARROWHEAD subdivision as platted •, and recorded in the records of Weld County, Colorado; Thence North 88° 52' 36" East, along the North Line of the Southwest Quarter (SW1/4) of said Section 26, 210.46 feet; Thence South 22° 48' 48" West, 74.19 feet; Thence along the arc of a circular curve to the left having . a radius of 25.0 feet and a chord that bears South 22° 11' 12" + East, 35.35 feet; Thence Sout; 67° 11' 12" East, 92.11 . feek; I Thence along the arc of a circular curve to)tne left having • a radius of 370.0 feet and a chord that t ars South 79° 09' 18" East, 153.45 feet; I Thence North 88° 52' 36" East, 1975.33 feet; Thence South 18. 38' 37" East, 778.63 feet; Thence South 84° 51' 36" West, 122.16 feet; Thence South 89" 38' 00" West, 649.69 feet; Thence South 00° 22' 100" East, 1754.54 feet; Thence South 89° 38' 00" West. along the South Line of the South- i • west Barter (SW1/4) of said Section 26. 1839.67 feet to tie Point of beginning. Said tract of land contains 117.977 acres and is subject ‘„_ t, any Rights-of-Way or other Easements as granted or reserved by instruments of record or as now existing on said tract • of land. 1 • • 1 4 r •t1 ,\ 4p " n • _ .,.\ - 4 �,rte. C, • •_ �.,( � y1 -I ) ' • ••• a c. a 1581236 • ly 1a Boone ii, t1 659 ; 'a 4 . •, a -a Stan. D o./ Fee ja'•' Dale DEC 31 1971 $ _1K•kQ rith all its appurtenances, and warrants the title to the same,subject to resetvatons, easements, ,7t - t # covenants. zoning, rights of way, restrictions and conditions, if any, now of record; subject also to 1972 general taxes and thereafter cjni' i , x ' ' Q0 IN WITNESS WHEREOF said corporation has caused its corporate name to be bereunt)subscribed f" y r _-*i•t by its President,and ICS corporate sak to be hereunto affixed, and attested by its Secretary this •i • �• ... _-... .....day o` 'ay..a...,../.r __._... ._._.A.D. 19.71... Q • �� ..F.OVR..QU 1RTERLAND.CO...DIC. .f /ii7g� C..-----..\\ Maw/ ,t �// / Saosurr cri.r.t.....„)v tie By / �PrerlMer P_ SCAT OF COLORADO 1 / + ' COIN in" OF WELD 1 y' Tilt foregoing instrument was acknowledged before me '!- y sili 1 :-:..: fe r a�. 19..21.4 by.. .... ._ ._.. ��a-! as of 'resident, and �'1! l r 4.. .Q�19Iit'S.i9ad t.A..-$a.•L __...__ .._............._._ J _ n at iel WITNESS my hand and of tidal seal. e It was: t 'My Cu!`rhwsiaa Expires: Lr. II ✓,.r. re t)>. ) 's. r m r� L. 4: / . o Marc Pisa I _l ' �_ I • I ...----.....) i t. • f. , 1 r f:. A UTILITY SF ICE STATEMENT FOR SUBDIVI ' NS FINAL PLAT The following record of utilities shall be processed by the subdivider or his representative as required in Section 6-2 H. of the Weld County Subdivision Regulations . NAME OF SUBDIVIDER OR DEVELOPER West Hill N Park, Inc . (Roy Lundvall , President) Name of Subdivision West Hill N Park, Third Filing Agent/Owner ARIX, A Professional Corporation Attn: Mike Thomas Name & Address 2021 Clubhouse Drive, Greeley, CO 80632 ELECTRIC UTILITY COMPANY Approved by ,f1,-4z e( x22-X, 21�Y` 6.4e/ft/ ame) le� (/ (Date) Subject to '/z x_F ✓✓✓/// Disapproved by (Name) (Title) (Date) WATER Approved b :�«/,/r� A ? e ed,, 6-Z7. /e (Name �(Titple)" QQQQ e ) Subject to p,C/pay;,� a�?�lv� r &ti, lE� /` 67 e_e-nit Disapproved by (Name) (Title) (Date) SEWER Approved by ` g74 (Name) (Ti le) Date) Subject to c- /-/-4-197i7)-a4/171 0 1Ayrif)/ ,:, tiat Disapproved by (Name) (Title) (Date) _ TELEPHONE 'COMPANY Approved by !l �J 'i / _ (L.a�1 + l�la��i�ia/ / 1 Sz: (Name) Title) (Date) Subject to Disapproved by (Name) (Title) (Date) GAS COMPANY (� Approved bydJ& 11 1 14{4,4 7 [- D I ( 162->c ,/4) � �1 /pate.) O I/` /J Subject to / � t'41u4 i'lrrti' /_ !,(J .Q/J�' Z Disapproved by (Name) (Title) (Date) FIRE DISTRICT �� Approved by/41 ✓„u�- ��t �p � 7-,T` (Name ) (Title ) (Date) Subject Disapproved by Qnn_7Q_n9s (Name) (Title ) (Date) • 1CNeal • Carpenter 1 Presolent Eugene R.Brauer ARIX Robert Gordon W.Bruchner PatrickC-Dwyer Shreve Da le Se J.Steichen hen Robert D Thomas Gary H Windolph July 11, 1984 Mr. Rod Allison Planning Department Weld County Centennial Center 915 10th Street Greeley, CO 80631 Dear Mr. Allison : SUBJECT: WEST HILL-N-PARK THIRD FILING, PROJECT NO. 82102.00 Pursuant to Article 6-2-K of the Weld County Subdivision Regulations, we are submitting the following summary statements for the developer: 6-2-K (1) Total area to be developed - 56.25 acres (2) 194 dwelling units (3) No non-residential floor space contemplated (4) No off-street parking (5) 194 units x 2.54 people/unit x 100 gpd = 49,276 gal . per day (6) a. Flow contribution - 194 units x 2.54 people/unit x 100 gpd = 49,276 gal . per day b. 2.54 x 0.2 BOD = 0.51#/day per unit (7) Estimated construction cost is $735,782, which includes grading, water, sewer, valley gutter, electric, gas, telephone service and construction of 47th Avenue. Financing will be by the principals through their line of credit with local banks. The developer proposes to complete construction in 2 phases. Phase I - area from Casa Grande Drive south, all the grading on 47th Avenue, and paving on 47th Avenue from W.C.R. 52 to Casa Grande Drive. Construction Cost $234,914 Phase II - area north of Casa Grande Drive and paving of remaining portion of 47th Avenue. Construction Cost $500,868 The preliminary plat of west Hill-N-Park Third Filing was approved subject to six recommendations, as enumerated under Case No. S-232:84:4 dated May 14, 1984 - planning services staff recommendations. The action taken on those items is as follows: 1. Fire Hydrant Spacing - Planning staff requested plan for spacing hydrants 500 feet apart, however, the Milliken Fire District has suggested that a more practical approach for the Hill-N-Park area, including all filings, would to be to purchase 600 feet of 3-1/2 inch hose for the District (see attached letter) . Therefore, the developer will agree to purchase such hose for the Fire District. 800 Eighth Avenue P.O. Box 2021 Greeley,CO 80632-2021 303-356-3930 Mr. Rod Allison Page 2 July 11, 1984 2. Additional information about storm water detention - see attach Exhibit No. 3 Ashcroft Draw 100 year flows. 3. Plans for improving 47th Avenue - 47th Avenue has been designed with the exception thickness of pavement and base course, which will be designed based on a California Bearing Ratio determined by soil samples obtained from the site as requested in a letter from Weld County Engineering dated June 25, 1984. This design information will be submitted for approval prior to final approval of the plat. 4. Plans for constructing emergency access easement across outlot "F" - in a work session with the Weld County Commissioners it was decided to leave Outlot "F" as originally proposed and we have done so. 5. Entity responsible for maintenance of parks and buffer zones - the developer agrees to: a. Grade, all parks and buffer zones b. Plant coarse grass c. Maintain parks and buffer zones until they are taken over by the Hill-N-Park Homeowner's Association d. Homeowner' s Association is in the process of being formed. The Bylaws and Articles of Incorporation have been filed with the State of Colorado and Weld County and are attached. e. When the Homeowner's Association takes over the parks they will be responsible for further development as may be desired by the membership. 6. Erosion Control Plan - design completed. We request that you schedule a work session with the Weld County Commissioners to work out a subdivision improvements agreement and establish acceptable collateral . If you have any questions or need additional information, please contact me at 330-2749. Respectfully, ARIX, A Professional Corporation Michael T. Thomas, L.S. Project Director MTT:kv t' • C Neal Carpenter. Patrickrr. 1 ARIX ho .., Eug R.8 auer " " Go do W.Bruckner C Dwyer. RobetJ Cale J.Ste chen Robert 0.Thomas GaryR Wlndolph July 11, 1984 Mr. Rod Allison Weld County Planning Staff Centennial Center 915 10th Street Greeley, CO 80631 Dear Mr. Allison : Submitted herewith is a construction cost estimate as required for final plat submittal . Listed as follows : PHASE 1 AREA FROM CASA GRANDE DRIVE SOUTH 1. 2' Valley Pan 3,980 L.F. 4.60 18,308 2. 2' Cross Pan 38 L.F. 4.60 175 3. 4" Base Course Class 6* 1,846 Tons 11.00 20,306 4. 2" Asphalt Paving* 900 Tons 35.00 31,500 5. Primer (MC 70) 8,698 S.Y. .22 1,914 6. Chipseal 13,722 S.Y. 1.00 13,722 7. Fire Hydrants 8 EA. 1,200.00 9,600 8. Gas Service 101 EA. 250.00 25,250 9. Electrical Service 101 EA. 300.00 30,300 10. Telephone Service 101 EA. 200.00 20,200 11. Luminaires 5 EA. 1,200.00 6,000 Subtotal $177,275 12. 47th Avenue a. Excavation 3,578 C.Y. 3.00 10,734 b. 4" Base Course* Class 6 715 Tons 11.00 7,865 c. 2" Asphalt Paving* 386 Tons 35.00 13,510 d. 5" Gravel Shoulder 429 Tons 6.00 2,574 e. 18" CMP 80 L.F. 20.00 1,600 $ 36,233 Construction Total $213,558 Plus 10% for Engineering Contingencies $ 21,356 PHASE I TOTAL $234,914 *Thickness may vary depending upon the CBR test. 800 Eighth Avenue P.O. Box 2021 Greeley,CO 80632-2021 303-356-3930 • Mr. Rod Allison Page 2 July 11, 1984 PHASE 2 AREA NORTH OF CASA GRANDE DRIVE 1. Earthwork 1,500 C.Y. @ $ 1.50 $ 1,500 2. 2' Valley Pan 10,320 L.F. 4.60 47,472 3. 2' Cross Plan 228 L.F. 4.60 1,049 4. 4" Base Course Class 6* 4,946 TONS 11.00 54,406 5. 2" Asphalt Paving* 2,412 TONS 35.00 84,420 6. Primer (MC70) 23,306 S. Y. .22 5,127 8. 8" PVC Sewer Pipe 4,216 L.F. 8.40 35,415 9. Manholes - to 10' deep 16 EA. 1,170.00 18,720 10. 4" Sewer Services (back of walk) 93 EA. 205.00 19,065 11. 8" DIP Water System 900 L.F. 13.00 11,700 12. 6" DIP Water System 3,224 L.F. 11.00 35,464 13. 3/4" Water Services 93 EA. 120.00 11,160 14. Fire Hydrants 12 EA. 1,200.00 14,400 15. 8" Gate Valves 2 EA. 580.00 1,160 16. 6" Gate Valves 8 EA. 480.00 3,840 17. Crosses 2 EA. 215.00 430 18. Tees 2 EA. 175.00 350 19. 90° Elbows 4 EA. 160.00 640 20. Tapping Sleeves 3 EA. 700.00 2,100 21. Gas Service 93 EA. 250.00 23,250 22. Electrical Service 93 EA. 300.00 27,900 23. Telephone Service 93 EA. 200.00 18,600 24. Luminaires 13 EA. 1,200.00 15,600 $433, 768 25. 47th Avenue a. Earthwork 430 C.Y. 3.00 1,290 b. 4" Base Course* - Class 6 558 TONS 11.00 6,138 c. 2" Asphalt Paving* 301 TONS 35.00 10,535 d. 5" Gravel Shoulder 334 TONS 6.00 2,004 e. 18" CMP 80 L.F. 20.00 1,600 $ 21,567 Subtotal $455,335 Plus 10% for Engineering and Contingencies $ 45,533 PHASE II TOTAL $500,868 ' • • Mr. Rod Allison Page 3 July 11, 1984 If you have any questions or need further information, please call me. Sincerely, ARIX, A Professional Corporation Michael T. Thomas, L.S. Manager, Survey Services MTT:kv r . •J 1 r.'1 f Jr`e: r' Mr. Luv d',;:a.i l • UP nn reviewing e csp'.a.rrt i o'ri Plans for West Hill 'r, Park , (3rd, 1.:3r'd f i l e i t"IgJ , - I have a concern over a,de u at.e f'ir'e: hydr'a'nt sPaceing. The distance from some hydrants to the end of cul-de-sacs and some lcmci streets, are, in ,c•LIr111.'. case.;, over 500' long. As t. Problem i this r••_�,l rI exits� i'r, Hill rl Park in general , the i Y,t•r•e 't in +=:;::_I='.a.'rlt:•i u'il of the Park has brought u.P some ideas to overcome this Problem. The most exsP er,s i ve solution to this Problem would be to install more hydrants is in the cul-de-sacs and some of the longer street's, h wever I'm sure it would be agreed t.Fi.a.t this alone would d be cost Gr•�ohibitive. The most F'ractil_1e =elution would be l'ar'ger diameter hose to l•aY f'r'oril the hY dr'•:a,'n,t• to a fire. The Present size hose we now use is two and a half inch diarlieter•, '.rir'tu'al l'y all of which is vintage 1950 and older. Hose of this size and age simPlY ca'n'not deliver the required water flow beyond distances of 400'.. To deliver an adequate w.at. .r supply beyond 400' would require 1,,E-1E-e and a half inch hose, which would colt about $1500.00 for a 60 0' suP F' lv, hu wever, t'h i.. is .far less than it ,,.ii:uld cost to install even 1 exstr'a hydrant. As YOU, m•a.Y be aware of , the Milliken Fire District 1_11''cr'ates two fire stations on a very limited budget. Fire hose of the' t•YPe and amount needed is cost Prohibitive for a major u c I,se by the district in the t IJr'_►_eable futur'e■ In order-' f'c'r this f'ir'e station to keeP UP with exsP'a••ruJi'r,'_9 subdivisions, as well as the construction (it' oil and gas sites, which themselves Pose a great firefighting hazard: our' e'q u.i P ri,e'r,t• must t be brought UP to date. buying A donation to the f'ir'e' station at. Hill n, Park for' tI' P u.r•F'ose of new fire hose would allow us to do the following • A. )Retire old, outdated ,arid i'rl.ad qu.a.te siziz.d ho:: w'. t'. .1H lF Provide the level•l of fire I-'r'•clL Y_I:I:i J'rl evergonP ix..-..P.. .-ts and deserves. C. )Provide r•ou i iJe a better level of firefighting at ri i l and gas sitP fires, which IF•lich would require lo'n'g lays of large diameter hi:i-.e•. Your '3x_:'1'11_r'1_I_i t.y in the P'a.st. a l 11,,,1 ,,ed a fire station to be built i'ii Hill ',i Park for all of the Pr_•oP le in thP area. We would like to continue F'r'c1'U idle i'n'k an adequate service_to these PcoP 11 • as time goes f o'I'i. Thank Y o I• for Your consideration in t,;h i matter• and if YOU u'_I. have any question; F' l P ase call me at :3:3'.3-41U: ,. or write me at 4710 Hot•'_P r i•r,'3'.s Ur•, Ir'ee 1 eY . .Tiri, Wi;lf'e , i hi1 ''I' r'1. F=.P'. D. , _,i;.a•t,io'r, G�A9.7; a r • • cc cr 0 0 o n x 0. X z — II J u U F J_ h 0 <>- QJI Qwl \ U � � Id Q�LW L]cc 0 (1i 0 \ w 0 D O O F PO() J M co 00 1 N 0 N cc cz N \ O U J cc O Y , O d b \ axw 0)¢ o N O � a� a°. ° azo o, cZ I c1 0 3 cc M a � \ wJ � w= rM K O 0 J M O 0x cc — O X00 FM Q = a0 0ii \ 0x01 0= W ccH(n fn~ J in F- J _@La , \ o3w o3w o Z O no V 0 cc \ (w7 =N ~ II 1.11 xpul \ ¢w0 0 li 5'02 \ Q8v W Hi U Y? > ` 00. 0 Z �aw Hz Q W 0J (iJ> 0-Ow OwCC I— \ 0 J 0w 0 (ncr 0 O M QMZ wcz ) On-O 0 d! <Z z= = w— 0 MY / lnJwLo llO (V Exol- // V. O / / / / i 0 in 0 in 0 Ln O_ 0 m ELEVATION (FEET) ASHCROFT DRAW 100 YEAR FLOWS EXHIBIT NO. 3 BYLAWS OF WEST HILL-N-PARK- PROPERTY OWNERS ASSOCIATION (a Colorado Nonprofit Corporation) ARTICLE I. OFFICES The principal office of the corporation in the State of Colorado shall be located at Greeley, Colorado . The corporation may have such other offices, either within or without the State of Colorado, as the Board of Directors may determine or as the affairs of the corporation may require from time to time. The corporation shall have and continuously maintain in the State of Colorado a registered agent whose office is identical with such registered office, as required by the Colorado Nonprofit Corporation Act. ARTICLE II. DECLARATIONS The corporation acepts the terms and provisions of and agrees to observe, obey, and fulfill at all the terms, conditions, restrictions, and duties placed on it by the covenants for WEST HILL-N-PARK (herein "Covenants") , dated August 31 , 1973 , and recorded in the Clerk and Recorder ' s office of Weld County, Colorado, in Book 699 under Reception No. 1620971 , and by the Amended Covenants for WEST HILL-N-PARK (herein "Amended Covenants") , dated , 19 , and recorded in the Clerk and Recorder's office at Weld County, Colorado in Book under Reception No. . Nothing in these Bylaws shall be construed to limit or enlarge any of the provisions or restrictions of the Covenants or Amended Covenants, or to be in any way in conflict with the terms thereof. The expressed inclusion of or reference to certain provisions of said Covenants or Amended Covenants in these Bylaws should in no way be construed to limit the binding effect of any of the terms and provisions of said Covenants or Amended Covenants which are not expressly included or referred to in these Bylaws. ARTICLE III. MEMBERS 1 . Qualification. Every person or entity who is a record owner of a fee interest in any lot which is subject by Covenants of record to assessment by the Association shall be a member of the Association, provided that any such person or entity who holds such interest merely as a security for the per- formance of an obligation shall not be a member. Membership shall be appur- tenant to and may not be separated from ownership of any lot which is subject to assessment by the Association. Ownership of such lot and payment of any assessment due shall be the sole qualification for such membership. 2. Notification. Any person who may become a-Member of the corporation shall give written notice to the Secretary of the corporation that he has become a Member, and shall identify the Parcel or other estate which entitles the person to membership. Further, all Members shall give written notice to the Secretary of the corporation of any changes which may occur from time to 1 time in the names, addresses, or ownership information provided the corpora- tion. Neither the corporation nor its officers shall be liable for failing to enter on the membership books of the corporation the name of any Member who fails to provide notice as specified herein or for failing to give such person notice of any meeting of Members or any other notification or information provided or required by these Bylaws or by law. 3. Membership Lists. The corporation, at the discretion of the Board of Directors, may keep membership lists or issue other evidence of ownership or liability in and to or of the corporation. ARTICLE IV. MEETINGS OF MEMBERS 1 . Annual Meeting. There shall be a regular annual meeting for the Members of the corporation on the first Wednesday in July of each year at 2:00 o'clock p.m. Said regular annual meeting may be held at such reasonable place and at such other times as may be designated by written notice of the Board of Directors given to Members not less than thirty nor more than sixty days prior to the date fixed for said regular annual meeting. 2. Special Meetings. Special meetings of the Members may be called at a reasonable time, date and place by the Board of Directors or upon written request of Members entitled to vote one-fourth of the total votes of the entire membership, by written notice given to all Members not less than thirty nor more than sixty days prior to the date fixed for said special meeting. 3. Notices. Notices of all meetings shall be addressed to each Member as his address appears on the books of the corporation and shall state the time, date and place of each such meeting and, if a special meeting, the purpose or purposes of such meeting. 4. Closing of Books. The Board of Directors shall close the membership books of the corporation for a period of not less than sixty days nor more than seventy-five days preceding the date of any regular or special meetings of Members, and only those Members who are listed as such on the membership books on the date when said books are closed are eligible to vote at the meetings of Members. Neither the corporation nor its officers shall be liable in any manner for refusing to permit any person to vote who is not a Member listed on the membership books as of the date of the closing of said books, or who is the duly authorized proxy or attorney-in-fact for such person. 5. Quorum. The presence at any meeting, in person or by proxy, of Members entitled to vote at least one-tenth of the votes of the entire membership shall constitute a quorum. If any meeting cannot be held because a quorum is not present, the Members present, either in person or by proxy , may adjourn the meeting to a time not more than sixty days from the time set for the original meeting. 6. Conduct of Meetings. The Chairman of the Board of Directors, or, in his absence, the Vice Chairman, shall call meetings of Members to order and act as chairman of such meetings. In the absence of both said officers, any Member entitled to vote thereat or any proxy of any such Member may call the meeting to order , and a chairman of the meeting shall be elected. The 2 • • • Secretary of the corporation, or in his absence the Assistant Secretary, shall act as secretary of the meeting. In the absence of both the Secretary and the Assistant Secretary, a secretary shall be selected in the manner aforesaid for selecting a chairman of the meeting. ARTICLE V. VOTING RIGHTS The Association shall have two clases of voting membership: 1. Class A. Class A membership shall be all those owners as definied in Article III, with the exception of the incorporators. Class A members shall be entitled to one (1 ) vote for each lot in which they hold the interests required for membership by Article III. When more than one ( 1 ) person holds such interest or interests in any lot, all such persons shall be members and the vote for such lot shall be exercised as they among themselves determine, but in no event shall more than one (1 ) vote be cast with respect to any such lot. 2. Class B. Class B members shall be the incorporators. The Class B members shall be entitled to four (4) votes for each lot in which it holds the interest required for membership by Article III , provided that Class B membership shall cease and become converted to Class A membership when the total votes outstanding in the Class A membership equal the total votes outstanding in the Class B membership. From and after the happening of this event, the Class B members shall be deemed to be a Class A member entitled to one (1 ) vote for each lot as hereinabove described. 3. Proxies. At any meeting of the Members, a Member entitled to vote may vote by proxy executed in writing by the Member or by his duly authorized attorney-in-fact . No proxy shall be valid after eleven months from the date of its execution, unless otherwise provided in the proxy. All proxies shall be filed with the Secretary. 4. Manner of Acting. A majority of the votes entitled to be cast on a matter to be voted upon by the Members present or represented by proxy at a meeting at which a quorum is present shall be necessary for the adoption thereof unless a greater portion is required by these Bylaws, the Articles of Incorporation or the Covenants or Amended Covenants. ARTICLE VI. BOARD OF DIRECTORS: NUMBER; TERM OF OFFICE; COMPENSATION 1 . Number. The affairs of this Association shall be managed by a Board of three (3) Directors, who need not be Members of the Association. 2. Term of Office. At the first annual meeting of the Members, the Members shall elect one Director for a term of one year , one Director for a term of two years, and one Director for a term of three years; and at each annual meeting of the Members thereafter, the Members shall elect one Director for a term of three years. 3 • s 3. Compensation. No Director shall receive compensation for any service rendered to the Association. However, any Director may be reimbursed for actual expenses incurred in the performance of Association duties. ARTICLE VII. DIRECTORS: NOMINATION; ELECTION; REMOVAL/REPLACEMENT 1 . Nomination. Nomination for election to the Board of Directors shall be made: (a) in writing and signed by a Member or Members holding at least five votes; (b) in writing signed by a Director; or (c) from the floor at the annual meeting by a Member. Written nominations must be agreed to and accepted in writing by the person nominated therein and state that person's willingness to serve if elected, and the nomination must be received by the secretary at least thirty days prior to the meeting at which the election is held. Nominees may be Members or non-Members. 2. Election. Election to the Board shall be by written, secret ballot. At such election, the Members or their proxies may cast , in respect to each vacancy, one vote per Parcel . The persons receiving the largest number of votes shall be elected. 3. Removal and/or Replacement. A Director may be removed from the Board by a majority vote of the Members, and, in the event of removal , resignation • or death of a Director, a successor shall be elected by the remaining Direc- tors or Director, and if none remain, by a special meeting of the Members. A Director elected to fill a vacancy shall serve for the unexpired term of his predecessor in office. ARTICLE VIII. MEETINGS OF DIRECTORS 1 . Regular Meetings. Regular meetings of the Board shall be held at least semi-annually at such place and hour as may be fixed from time to time by the Board. Regular meetings of the Board shall be open to Members and at least one hour of each meeting shall be set aside for discussions between Members and the Board. Upon written request of any Member, the Board shall inform such Member of the time and place of the next regular meeting. 2. Special Meetings. Special meetings of the Board shall be held when called by the President of the Board, or by any two Directors, after not less than thirty days ' notice to each Director . Special meetings of the Board shall be open to Members. 3. Informal Action by Directors. Any action required by law to be taken at a meeting of Directors, or any action which may be taken at a meeting of Directors, may be taken without a meeting if a consent in writing, setting forth the action so taken, shall be signed by all of the Directors. 4. Quorum. A majority of the Directors shall constitute a quorum for the transaction of business at any regular or special meeting. Every act or decision done or made by a majority of the Directors present at a duly held meeting at which a quorum is present shall be regarded as an act of the Board. 4 ARTICLE IX. OFFICERS 1 . Officers. The officers of the corporation shall be a President, a Vice President, a Secretary and a Treasurer. Any two or more offices may be held by the same person, except the offices of President and Secretary. 2. Election and Term of Office. The officers of the corporation shall be elected annually by the Board of Directors at the first regular meeting of the Board of Directors following the regular annual meeting of the Members. If the election of officers shall not be held at such meeting, such election shall be held as soon thereafter as conveniently may be. Each officer shall hold office until his successor shall have been duly elected and shall have qualified. 3. Removal. Any officer elected or appointed by the Board of Directors may be removed by the Board of Directors whenever in its judgment the best interests of the cororation would be served thereby, but such removal shall be without prejudice to the contract rights, if any, of the officer so removed. 4. President. The president shall be the principal executive officer of the corporation and shall in general supervise and control all of the business and affairs of the corporation. He may sign, with the Secretary or any other proper officer of the corporation, contracts or other instruments which the Board of Directors has authorized to be executed, except in the cases where the signing and execution thereof shall be expressly delegated by the Board of Directors or by these Bylaws or by statute to some other officer or agent of the corporation; and in general he shall perforn all duties incident to the office of President and such other duties as may be prescribed by the Board of Directors from time to time. 5. Vice—President. In the absence of the President or in the event of his inability or refusal to act, the Vice President shall perform the duties of the President , and when so acting, shall have all the powers of and be subject to all the restrictions upon the President. The Vice President shall perform such other duties as from time to time may be assigned to him by the President or by the Board of Directors. 6. Treasurer. If required by the Board of Directors, the Treasurer shall give a bond for the faithful discharge of his duties in such sum and with such surety or sureties as the Board of Directors shall determine. He shall have charge and custody of, and be responsible for , all funds and securities of the corporation; receive and give receipts for monies due and payable to the corporation from any source whatsoever , and deposit all such monies in the name of the corporation in such banks, trust companies or other depositaries as shall be selected in accordance with the provisions of Article IX of these Bylaws; keep proper books of account; cause an annual audit of the corporation's books to be made at the completion of each fiscal year after the first fiscal year; prepare an annual budget plus- a statement of income and expenditures to be presented to the Members at the regular annual meeting; and deliver copies of the annual budget plus a statement of income and expendi- tures to each Member present at the annual meeting of the Association or 5 requesting them in writing; and, in general, perform all the duties incident to the office of Treasurer and such other duties as from time to time may be assigned to him by the President or by the Board of Directors. 7. Secretary. The Secretary shall keep the minutes of the meetings of the Members and of the Board of Directors in one or more books provided for that purpose; see that all notices are duly given in accordance with the provisions of these Bylaws as required by law; be custodian of the corporate records and of the seal of the corporation and see that the seal of the corporation is affixed to all documents, the execution of which on behalf of the corporation under its seal is duly authorized in accordance with the provisions of these Bylaws; keep membership books and a register of the post office address of each Member and tenants of Members which shall be furnished to the Secretary by such member; keep records as to voting qualifications of Members; and in general perform all duties incident to the office of Secretary and such other duties as from time to time may be assigned to him by the President or by the Board of Directors. ARTICLE X. CONTRACTS, CHECKS, DEPOSITS, FUNDS AND FISCAL YEAR 1 . Contracts. The Board of Directors may authorized any officer or officers, agent or agents of the corporation, in addition to the officers so authorized by these Bylaws, to enter into any contract or execute and deliver any instrument in the name of and on behalf of the corporation, and such authority may be general or confined to specific instances. 2. Checks, Drafts, etc. All checks, drafts or orders for the payment of money, notes or other evidences of indebtedness issued in the name of the corporation , shall be signed by such officer or officers, agent or agents of the corporation, and in such manner, as shall from time to time be determined by resolution of the Board of Directors. In the absence of such determination by the Board of Directors, such instruments shall be signed by the Treasurer and countersigned by the President or the Vice President of the corporation. 3. Deposits. All funds of the corporation shall be deposited from time to time to the credit of the corporation in such banks, trust companies or other depositaries as the Board of Directors may select. 4. Gift. The Board of Directors may accept on behalf of the corporation any contribution, gift, bequest or devise for the general purposes or for any special purpose of the corporation. 5. Fiscal Year. The corporation may operate upon a fiscal year basis or a calendar year basis as may be selected by the Board of Directors. ARTICLE XI. BOOKS AND RECORDS The corporation shall keep correct and complete books and records of acccount and shall. also keep minutes of the proceedings of its Members, Board of Directors, and committees. It shall also keep at its registered or principal office membership books giving the names and addresses of the 6 r Members entitled to vote. All books and records of the corporation may be inspected by any Member, or his agent or attorney, for any proper purpose at any reasonable time. ARTICLE XII. DUES, FUNDS AND ASSESSMENTS 1 . WEST HILL-N-PARK PROPERTY OWNERS' Fund. The Board shall establish a fund (the "WEST HILL-N-PARK PROPERTY OWNERS ' FUND" ) into which shall be deposited all monies paid to the corporation and from which disbursements shall be made in performing the functions of the corporation as provided in the Covenants, Amended Covenants, Articles of Incorporation and Bylaws. 2. Regular Annual Assessments. Prior to each regular annual meeting of the corporation, the Board of Directors shall estimate the expenses to be incurred by the corporation in performing its functions for the fiscal year commencing on the next ensuing October 1 , including a reasonable provisions for contingencies and appropriate replacement reserves, less any expected income and any surplus from the prior year's fund. Uniform and equal assess- ments sufficient to pay such estimated net charges shall then be levied as provided in the Covenants or Amended Covenants. All such regular assessments shall be due and payable to the corporation on the first day of the fiscal year for which the assessment is made or semi-annually if so determined by the Board of Directors in its sole and absolute discretion. 3. Levy of Assessments. In order to raise the total amount for which the levy in question is being made, the corporation shall make individual assessments against the property of members as herein provided. Each indivi- dual assessment shall be equal to each other individual assessment. The corporation shall levy one assessment against each Parcel. 4. Unpaid Assessments as Liens. The amount of any delinquent assessment assessed against any property and any late payment charge attributable thereto, plus interest on such assessment and charge at a rate of 10% per annum simple interest , and the costs of collecting the same , including reasonable attorneys' fees, shall be a lien upon each Parcel and any improve- ments thereon. Such lien shall be prior to any declaration of homestead. Such lien may be foreclosed in the same manner as is provided in the laws of Colorado for the foreclosure of mortgages on real property. A certificate executed and acknowledged by any two members of the Board of Directors stating the indebtedness secured by such lien shall be conclusive upon the corporation to the amount of such indebtedness as of the date of the certificate, in favor of all persons who rely thereon in good faith, and such certificate shall be furnished to any Member upon request at a reasonable fee to be determined by the Board of Directors. 5. Mortgage Protection. No lien created under this Article or under any other Article of these Bylaws, nor any lien arising by reason of any breach of the Covenants or Amended Covenants, nor the enforcement of any provisions of these Bylaws, shall defeat or render invalid the rights of the beneficiary under any recorded mortgage or deed of trust of first and senior priority upon a Parcel made in good faith and for value. However, after the foreclosure of any such first mortgage or deed of trust or after any conveyance in lieu of foreclosure, such Parcel shall remain subject to the Covenants or Amended 7 Covenants and shall be liable for all regular assessments and all special assessments levied subsequent to completion of such foreclosure or delivery of such conveyance but falling due after such completion or such delivery. Sale or transfer of any Parcel pursuant to delinquency or default under an install- ment sales agreement with Covenantor shall extinguish the lien or such assessments as to payments, penalties or interest which became due prior to such repossession. No such repossession shall relieve such Parcel from liability for any assessments thereafter becoming due on the next October 1 assessment date or the lien thereof. 6. Subordination. By subordination agreement executed by the corpora- tion, the benefits of Section 5 of this Article may, in the sole and absolute discretion of the Board of Directors, be extended to beneficiaries not otherwise entitled thereto. ARTICLE XIII. INDEMNIFICATION 1 . Third—Party Actions. The corporation may indemnify any person who was or is a party or is threatened to be made a party to any threatened, pending or completed action, suit or proceeding, whether civil, criminal, administrative, or investigative (other than an action by or in the right of the corporation) by reason of the fact that he is or was a director, officer, employee, servant or agent of the corporation, against expenses (including attorneys' fees) , judgments, fines and amounts paid in settlement actually and reasonably incurred by him in connection with such action, suit or proceeding if he acted in good faith and in a manner he reasonably believed to be in or not opposed to the best interests of the corporation, and, with respect to any criminal action or proceeding, had no reasonable cause to believe his conduct was unlawful. 2. Determination. The indemnification which the corporation has elected to provided under Section 1 of this Article shall be made by the corporation only as authorized in a specific case upon a determination that the indemni- fication of the officer, director, employee, servant or agent is proper in the circumstances because he has met the applicable standards of conduct set forth above. Such determination shall be made (a) by the Board of Directors by a majority vote of a quorum consisting of Directors who are not parties to such action, suit or proceeding; or (b) if such a quorum is not obtainable, or, even if obtainable , a quorum of disinterested Directors so directs, by independent legal counsel in a written opinion; provided, however, that a Director , officer , employee, servant or agent of the corporation has been successful on the merits or otherwise in defense of any action, suit or proceeding referred to above or in defense of any claim, issue or matter therein, then to the extent that the corporation has elected to provide indemnification, he shall automatically be indemnified against expenses (including attorneys ' fees) actually and reasonably incurred by him in connection therewith without the necessity of any such determination that he has met the applicable standard of conduct set forth above. 3. Insurance. The Board of Directors may purchase and maintain insur- ance on behalf of any person who is or was a Director , officer, employee, servant , or agent of the corporation, against any liability asserted against 8 him in any such capacity, or arising out of his status as such, whether or not the corporation would have the power to indemnify him against such liabilty hereunder or otherwise. 4. Other Coverage. The indemnification provided by this Article shall not be deemed exclusive of any other rights to which anyone seeking indemnifi- cation may be entitled under these Bylaws, by agreement, vote of the Members, vote of disinterested Directors, Colorado law, or otherwise, both as to action in his official capacity and as to action in another capacity while holding such office, and may continue as to a person who has ceased to be a Director, officer , employee, servant or agent and inure to the benefit of the heirs and personal representatives of such a person. ARTICLE XIV. CORPORATION PROPERTY 1 . WEST HILL-N-PARK PROPERTY OWNERS ASSOCIATION Rules. The Board of Directors shall have the authority to adopt rules governing the operation and use of property owned or leased by the corporation as provided in the Cove- nants or Amended Covenants, and the Board of Directors shall also have the authority to adopt and prescribe such reasonable remedies for violation of its rules and regulations as it deems appropriate. 2. Violation of WEST HILL-N-PARK PROPERTY OWNERS ASSOCIATION Rules. There shall be no violation of any rules or regulations for WEST HILL-N-PARK PROPERTY OWNERS ASSOCIATION which may be adopted by the Board of Directors and made available to persons affected thereby. If any Member or his family or dependent , guest, licensee, tenant or invitee of such Member or his family or any other person violates such rules and regulations, the Board of Directors may invoke any one or more of the remedies adopted and prescribed in accor- dance with Section 1 above. 3. Damages. Each Member or other person described above in Section 2 of this Article shall be liable to the corporation for any damage to the property of the corporation which may be sustained by reason of the negligent or intentional misconduct of such Member, dependent , member of his family, tenant , guests, or invitees. If the Member' s property is owned or leased jointly or in common, the liability of all such joint or common owners or lessees shall be joint and several. The amount of such damage may be assessed against such Member's or person's real and personal property on or within WEST HILL-N-PARK SUBDIVISION, including the leasehold estate of any lessee, and may be collected as provided herein for the collection of assessments. ARTICLE XV. WAIVER OF NOTICE Whenever any notice is required to be given under the provisions of the Colorado Nonprofit Corporation Act or under the provisions of the Articles of Incorporation or the Bylaws of this corporation, a waiver thereof in writing signed by the person or persons entitled to such notice, whether before or after the time stated therein, shall be deemed equivalent to the giving of such notice. 9 • • ARTICLE XVI. AMENDMENTS TO BYLAWS These Bylaws may be altered, amended, or repealed and new Bylaws may be adopted by a majority of the Directors present at any regular meeting or any special meeting of the Board of Directors , if at least five days ' written notice is given of intention to alter, amend or repeal or to adopt new Bylaws at such meeting. However, the Board of Directors may not adopt a bylaw or amendment changing the number of directors to less than three (3). 10 y w. - •Q Cor�-I ARTICLES OF INCORPORATION OF WEST HILL-N-PARK PROPERTY OWNERS ASSOCIATION For the purpose of forming a corporation not for profit pursuant to the provisions of Title 7 , Articles 20 to 29, Colorado Revised Statutes (1973) , the undersigned, acting as incorporator, adopts the following Articles of Incorporation for such corporation: ARTICLE I. NAME The name of the corporation shall be WEST HILL-N-PARK PROPERTY OWNERS ASSOCIATION. ARTICLE II. DURATION The period of duration of this corporation shall be perpetual. ARTICLE III. OBJECTS AND PURPOSES The object and purposes for which the corporation is organized are as follows: A. To accept, own, operate and maintain buffer zones, tot lots, storage, recreation and common areas for the persons living or owning properties in WEST HILL-N-PARK SUBDIVISION located in Weld County, Colorado, together will all improvements of whatever kind and for whatever purpose which may hereafter be constructed in connection with or located in said areas and to accept, own, operate and maintain all other property, real and personal, conveyed or leased to the corporation. B. To make, establish and promulgate, and to amend or repeal and re-enact, rules covering any and all aspects of the corporation' s functions and operations including the use and occupancy of the corporation property, the setting of dues and fees, and prescribing the regulations governing the operation of corporation property. C. To enforce , in its own behalf and in behalf of all members of the corporation, all of the terms and provisions of the Covenants and Amended Covenants for WEST HILL-N-PARK, Weld County, Colorado (the Covenants) and any supplemental declarations or amendments thereto, and to perform all other acts as may be reasonably necessary to enforce and carry out any of the terms and provisions of the covenants. D. To levy and collect the assessments for maintenance as provided in the Covenants and Amended Covenants. E . To pay for services and maintenance for the properties of the corporation. 1 • • • F . To enter into contracts to maintain and supervise buffer zones, tot lots, storage, recreation •and common areas. G. To carry out all duties of the corporation as set forth in the Covenants and Amended Covenants; to engage primarily in promoting the common good and general welfare of all persons who reside in or own property in WEST HILL-N-PARK SUBDIVISION; and to do all things and perform all acts necessary or desirable in connection with the foregoing objects and purposes or author- ized to be done pursuant to the non-profit corporation laws of the State of Colorado. H. The foregoing listed powers and purposes of the corporation are and shall be construed as both powers and purposes thereof and shall be construed as liberally and broadly as the law may permit. ARTICLE IV. RESTRICTIONS A. No part of the income or net earnings of the corporation shall inure to the benefit of, or be distributable to, any member, director or officer of the corporation or any other private individual (except that reasonable compensation may be paid for services rendered to or for the corporation affecting one or more of its objects and purposes, and reimbursement may be made for any expenses incurred for the corporation by any officer, director, agent or employee, or any other person or corporation, pursuant to and upon authorization of the Board of Directors) ; and provided further , that no member, director or officer of the corporation or any other private individual shall be entitled to share in any distribution of any of the corporate assets on dissolution of the corporation or otherwise. B. No part of the assets of the corporation shall inure to the benefit of or be distributable to any organization whose income or net earnings or any part thereof inure to the benefit of any private shareholder or other indivi- dual. C. Upon dissolution of the corporation, all of its assets shall be paid over or transferred to one or more exempt organizations of the kind described in Section 501 (c) of the Internal Revenue Code of 1954, as amended from time to time. D. Notwithstanding any other provisions hereof, this corporation shall not conduct or carry on any activities not permitted to be conducted or carried on by any organization which is tax exempt under the provisions of Section 501 (c)(4) of the Internal Revenue Code of 1954, as amended from time to time. ARTICLE V. REGULATION OF INTERNAL AFFAIRS The initial Bylaws of the corporation shall be adopted by its Board of Directors. The power to alter, amend or repeal the Bylaws or adopt new Bylaws for said corporation, shall be vested in the Board of Directors. The said 2 , • • . 0 Bylaws of the corporation may contain any provisions for the regulation and management of the affairs of the corporation not inconsistent with the Colo- rado Corporation Act or 'these Articles of Incorporation. ARTICLE VI. MEMBERSHIP AND VOTING Voting and membership shall be determined as set forth in .the Bylaws of the corporation. ARTICLE VII. BOARD OF DIRECTORS The affairs of this Association shall be managed by a Board of not less than three Directors, who need not Jae members of the Association. The number of Directors may be changed by amendment of the By-laws or the Association. The names and addresses of the persons who are to act in the capacity of Directors until the selection of their successors are: John L. Shupe 5427-24th Street , Greeley, CO 80631 Roy Lundvall 4529 Pioneer Lane, Greeley, CO 80631 Elmer E. Lundvall 2201s-95th Avenue, Greeley, CO 80634 At the first annual meeting of the members of the Association, the members eligible to vote shall elect one Director for a term of one year, one Director for a term of two years, and one Director for a term of three years; and at each annual meeting of the members thereafter, the members eligible to vote shall elect one Director for a term of three years. ARTICLE VIII. AMENDMENTS These Articles may be amended from time to time by the affirmative vote of not less than two thirds of the eligible votes of the membership. ARTICLE IX. INITIAL REGISTERED OFFICE AND AGENT The address of the initial registered office of the corporation is 1011 - 11th Avenue, Greeley, Colorado, 80631 , and the name of the initial registered agent at such address is KENNETH F. LIND. ARTICLE X. INCORPORATOR The name and address of the incorporator is : WEST HILL-N- PARK, INC . , P.O. Box 929, Greeley, CO, 80632 by Roy Lundvall , President . EXECUTED this 3(J` day of ) , 1984. 7- [ l ,-1.2/-}--7i o.} Roy Luridv 11 1 % 3 • , • • STATE OF COLORADO ) ss. COUNTY OF WELD 1 � q c 'h , a Notary Public, hereby certify that West Hill-N-Park, Inc. by its President, Roy Lundvall, known to me to be the person whose name is suscribed to the annexed and foregoing Articles of Incorporation, appeared before me this day in person and being by me first duly sworn, acknowledged and declared that he signed said Articles of Incor- poration as his free and voluntary act and deed for the uses and purposes therein set forth and that the statements therein contained are true. My commission expires: f'101 /5 / !j7 WITNESS my hand and notarial seal this ,y `' day of lu4 , 19 ,r2; . Notary Public • STATE OF CO LOII CERTIFICA DF TAXES DUE \11 1� S.& COUNTY OF WELD I, the undersigned, County Treasurer in and for said County, do hereby certify that there are no unpaid taxes,or unredeemed tax sales, as appears of record in the office, on the following described property,to-wit: TR NO. 069087 171:,71 PT SW4 26 5 66 BEG SW COR OF SEC NOI D i i ' W PARCEL (9''°r9'6300005 000 2642.57 ' TO W4 COR N80D52 ' E 210.46 ' 52.2D40 ' W NAME WEST HILL_ N PARK INC 74. 19 ' THENCE ALONG ARC: OF CIRCULAR CURVE TO L VENDOR RADIUS OF 25 ' & CHORD THAT BEARS S221)11 ' E 35.35 ' NO. ARIX 5671)11 ' E 92. 1 1 ' THENCE ALONG ARC OF CIRCULAR CURVF. M/1370 TO L RADIUS 370 ' & CHORD THAT BEARS S791)0'> ' E 153.45 ' N08D'5' ' E- 1975.33 ' S1-81)18 ' E 778.63 ' EXCEPT— SO41)51 ' W 122. 16 ' 589D38 ' W 649.69 ' SOD22' E 1754.54 x• 1983 3 TAXES— $41 .84 S89D30 ' W 1839.67 ' TO BEG EXC W HILL—N_--PARK 1ST FILING (54.711A M,'L..) ( iR) INTEREST DUE $0.00 TOTAL. AMOUNT DUE FOR THIS PARCEL IS $0.00 This does not include land or improvements assessed separately or special District assessments unless specifically requested. In Witness Whereof, I have hereunto set my hand and seal, this JULY 03, 1984 1983 TAXES PAID $41 .84 * FRANCIS M. LOUSTALET TREASURER OF WELD COUNTY By C---Rs?‘ I C Neal CarpenterPresrdent Eugene R.Brauer ARix Gordon W.Bruchner Patrick C.Dwyer Robert J.Shreve Dale J.Stemhen Robert D.Thomas - -- -� Gary R.Wind°lPh TO WHOM IT MAY CONCERN: I, Michael T. Thomas, hereby certify that the attached list of mineral owners, outstanding leases, and property owners within 500 feet of the proposed West Hill N Park Third Filing, as prepared by Stewart Title Company, March 26 , 1984, has been verified and updated using the records of the offices of the Weld County Clerk and Recorder and Weld County Assessor's Office, on June 20, 1984. / / Michael T. Thomas, L.S. Project Manager pt 800 Eighth Avenue P.O. Box 2021 Greeley,CO 80632-2021 303-356-3930 rw; Snncaiiy of Grwua r • . Denver M.Wiggins STEWART TITLE (303) 352-4571 President OF GREELEY 916 10th Street Cleona M.Nelson _ Greeley,Colorado 80631 Executive Vice-President To Wnan It May Concern: The following are the mineral owners and outstanding leases affecting the subject property being a part of the Southwest Quarter (SW1%,) of Section 26, Township 5 North, Range 66 West of the 6th P.M. , County of Weld, _State of Colorado, presently in the nale of West Hill 'N Park, Inc. , a Colorado corporation: MINERAL OWi1ERS Walter Lewis Axel and Lester I . Axel • 212 Gorman Z Bedford, Iowa 50833 West Hill 'N Park, Inc. , a Colorado corporation P.O.Box 929 3 Greeley, Colorado 80632 OUTSTANDING OIL AND GAS LEASES Oil and gas lease dated'December 18, 1981, executed by Lester L. Axel and Walter ' Lewis Axel, as lessor, and Aeon Energy Co. , as lessee, recorded February 19, 1982, in Book 961 under Reception No. 1883486, for a primary term of Five (5) years. • Records certified to the 26th day of March , 19 84 at 7:45 A.M. SECURITY ABSTRACT COMPANY OF WELD COUNTY )F 4:± ERS Or PROPERTY WIIHINS) Please print or type —' NAME ADDRESS , lOWN/CITY, STATE AND ZIP CODE ASSESSOR' S PARCEL West Hill-N-Park Inc. P.O. Box 929, Greeley 80632 62b9V9g5iRibli.ON West Hill-N-Park Inc. P.O. Box 929, Greeley 80632 62095926316007 West Hill-N-Park Inc. P.O. Box 929, Greeley 80632 620959263160)8 West Hill-N-Park Inc. P.O. Box 929, Greeley 80632 62095926316009 West Hill-N-Park Inc. P.O. Box 929, Greeley, 80632 _ 62095926316010- West Hill-N-Park Inc. P.O. Box 929, Greeley 80632 62095926316016 Holguin, Juan M & Patsy 4567 Casa Grande Dr. Greeley 80632 62095926316015 West Hill-N-Park Inc. , P.O. Box 929, Greeley 80632 62095926316014 West Hill-N-Park Inc. P.O. Box 929, Greeley 80632 62095926316013 West Hill-N-Park Inc. P.O. Box 929, Greeley 80632 62095926316012 West Hill-N-Park Inc. P.O. Box 929, Greeley 88632 62095926316011 West Hill-N-Park Inc. _ c/o Hodson, Robert & Mary P.O. Box 929, Greeley 80632 62095926314006 West Hill-N-Park Inc. P.O. Box 929, Greeley 80632 62095926314005 West Hill-N-Park Inc. P.O. Box 929, Greeley 80632 62095926314004 West Hill-N-Park Inc. P.O. Box 929, Greeley 80632 62095926314003 West Hill-N-Park Inc. P.O. Box 929, Greeley 80632 62095926314002 West Hill-N-Park Inc. P.O. Box 929, Greeley 80632 62095926314001 West Hill-N-Park Inc. P.O. Box 929, Greeley, 80632 62095926314015 West Hill-N-Park Inc. P.O. Box 929, Greeley 80632 62095926314014 . West Hill-N-Park Inc. P.O. Box 929, Greeley 80632 62095926314013 West Hill-N-Park Inc. P.O. Box 929, Greeley 80632 6209592631012 c/o ' Karowsky & Wlcwer Lake Arrowhead Inc Suite 550 GIB Plaza 80631 62095927106013 4720 ICLowd DL . McCaslin, H Glen & Mary L Greeley, Colo 80634 62095927106012 c/o Kdlows1 y & WiLweL Lake Arrowhead Inc Suite 550 Q B Plaza 80631 62095927106011 4990 47th Ave. Marshall, Richard & Nancy S. Greeley, Colo 80634 62095935203001 Murphy, N.L. & Mary Greeley, Colo 80634 62.095935203002 Schank, Thomas D & Esther M. 4903 46th Aye. — --- Greeley, Colo 80634 62095935203004 4697 Big Bend Ct. P k r- YIdS E1mar Tr Greeley Colo 80634 62095926300005 Ricky Dee & Ted William — NAM OF OWNERS OF PROPERTY WITHIN 500 FLET - Please print or type • NAME ASSDDRESS ,NNppTOWN//PCITYnY, ASSESSOR' S PARCEL West Hill-N-Park Inc. P.OTABoxAl9IGreeiey 80632 • 6 1 S'I # West Hill-N-Park Inc. P.O. Box 929, Greeley 80632 62095926312002 West Hill-N-Park Inc. P.O. Box 929, Greeley 80632 62095926312001 West Hill-N-Park Inc. P.O. Box 929, Greeley 80632 62095926313001 West Hill-N-Park Inc. P.O. Box 929, Greeley 80632 62095926313018 .. West Hill-N-Park Inc. . P.O. Box 929, Greeley 80632 62095926313017 West Hill-N-Park Inc. P.O. Box 929, Greeley 80632 62095926313016 • West Hill-N-Park Inc. P.O. Box 929, Greeley 80632 62095926313015 West Hill-N-Park Inc. P.O. Box 929, Greeley,_ 80632 62095926313014 West Hill-N-Park Inc. P.O. Box 929, Greeley 80632 62095926313013 West Hill-N-Park Inc. P.O. Box 929, Greeley 80632 62095926313012 West Hill-N-Park Inc. P.O. Box 929, Greeley 80632 62095926313011 West Hill-N-Park Inc. P.O. Box 929, Greeley 80632 62095926313010 West Hill-N-Park Inc. P.O._Box 929, Greeley 80632 62095926313009 West Hill-N-Park Inc. P.O. Box 929, Greeley 80632 62095926313008 West Hill-N-Park Inc. P.O. Box 929, Greeley, 80632 62095926313067 West Hill-N-Park Inc. P.O. Box 929, Greeley 80632 62095936313006 West Hill-N-Park Inc. P.O. Box 929, Greeley 80632 62095926313005 West Hill-N-Park Inc. P.O. Box 929, Greeley 80632 62095926313004 Elmer Lundvall P.O. Box 632, Greeley 80632 62095926313003 Elmer Lundvall P,O, Box 632, Greeley 80632 62095926313002 Elmer Lundvall P.O. Box 632, Greeley 80632 62095926315001 Elmer Lundvall P.O. Box 632, Greeley 80632 62095926315016 West Hill-N-Park Inc. P:O. Box 929, Greeley 80632 62095926315014 West Hill-N-Park Ine-. P.O. Box 929, Greeley 80632 62095926315013 West Hill-N-Park Inc. P.O. Box 929, Greeley 80632 62095926315012 Pauline E. Phillips 4414 Coronado St. , Greeley 80631 62095926315011 West Hill-N-Park Inc. P.O. Box 929, Greeley 80632 62095926315010 OF PROPERTY WIIHINill LET Please print or type NAME ADDRESS , TOWN/CITY , STATE AND ZIP ODEASS ' S PARCEL West Hill-n-Park Inc. P.O. Box 929 Gree_ey 80632 62I095EEffFSSOR6T216F3I1C�YN " --West ]3;.11-N-Pam Inc_ P.O. Box 929, Greeley 80632 62095926317017 West Hill-N-Park Inc. P.O. Box 929, Greeley 80632 62095926317016 West Hill-N-Park Inc.. P.O. Box 929 Greeley 80632 62095926311007 West Hill-N-Park Inc. P.O. Box 929, Greeley 80632 62095926311006 4313 Coronado St. Pierce, Raynnnd E & Priscilla A. Greeley 80634 62095926311005 West Hill-N-Park Inc. P.O. Box 929 Greeley 80632 62095926311004 West Hill-N-Park Inc. P.O. Box 929 Greeley 80632 62095926311003 West Hill-N-Park Inc. P.O. Box 929 Greeley 80632 62095926311002 Milo Jeannette Shalto Cornelia Eleanor Raisley 1611 20th Ave. Ct. Grly 80631 6209592000017 Cecil M. Moms c o upe ro 7 Four Quarter Land Co 26 & By Pass Greeley 80631 62095926000047 MacKenzie, Bruce C & Susan D 4701 Kiowa Dr. Grly 80634 62095926000004 Brighi, Richard & Mary Sue 4545 Kiowa Dr. Grly 80634 62095926000048 Lundvall, Elmer E. P.O. Box 632 Grly 80632 62095926000049 L/u Donald Allely Dos Rios Inc. 17 Dos Rios Grly 80631 62095934100006 4324 Yosemite Dz. Grantham, Roddy R. & Vanessa D Greeley 80634 62095926319001 P.4. Bux 929 Karpf, Charles T Et al Trustees Morrill NE 69358 62095926319002 * Waish;-Andxem-₹-drEaria-S. 4811-4tite-Sands ft.-Gr-ly -806-34- 62095926319003 West Hill-N-Park Inc. P.O. Box 929 Greeley 80632 62095926319004 Pfalzgraff, Raymond L & Debra A. 438 46th Ave. Grly 80634 62095926319005 Kindafather, Howard Lee & Sandra K Greeley Yosemite Dr. 80634 62095926319006 West.Hill-N-Park Inc. P.O. Box 929 Greeley 80632 62095926319007 West Hill-N-Park Inc. P.O. Box 929 Greeley 80632 62095926319008 • 4809 Badlands C . - Mejia, Juan A & Cecilia A - Greeley 80634 62095926319009 Chavez, Pete D & Genevieve 4808 Badlands Dr. Grly 80634 62095926319010 ' West Hill-N-Park Inc. P.O. Box 929 Greeley 80632 6209592631'9011 West Hill-N-Park Inc. P.O. Box 929 Greeley 80632 62095926319012 West Hill-N-Park Inc. P.O. Box 929 Greeley 80632 62095926320014 * Earl B. & Monica A. Nowacki 15000 W.C.R. 19 Platteville, CO 80651 62095926319003 . • NA[1E F OWNERS OF PROPERTY WITHIN 50u FEET Please print or type NAME ADDRESS , TOWN/CITY, ASSESSOR' S PARCEL STATE AND ZIP CODEIDF��7 FF1 10N # Four Quarter Land Co. Inc. P.O. Box 929, Greeley 80632 62 9Sy263al Four QpPrter Land Co. Inc. P.O. Box 929, Greeley 80632 . 62095926311016 Four Quarter Land Co. Inc. P.O. Box 929, Greeley 80632 62095926311015 Four Quarter Land Co. Inc. P.O. Box 929, Greeley 80632 62095926311014 Four Quarter Land Co. Inc. P.O. Box 929, Greeley, 80632 62095926311013 Four Quarter Land Co. Inc PM. Box 929, Greeley 80632 62095926311012 Four Quarter Land Co. Inc P.O. Box 929, Greeley 80632 62095926311011 Four Quarter Land Co. Inc. P.O. Box 929, Greeley 80632 62095926311010 Four Quarter Land Co.Tnc. P.U. Box 9292, Greeley 80632 62095926311009 Four Quarter Land Co. Inc P,O. Box 929, Greeley 80632 62095926311008 West Hill-N-Park Inc. P.O. Box 929, Greeley 80632 62095926310001 West Hill-N-Park Inc. P.O. Box 929, Greeley 80632 62095926310022 • West Hill-N-Park Inc. P.O. Box 929, Greeley 80632 62095926310021 West Hill-N-Park Inc. P.O. Box 929, Greeley 80632 62095926310020 West Hill-N-Park Inc. P.O. Box 929, Greeley 80632 62095926310019 West Hill-N-Park Inc. P.O. Box 929, Greeley 80632 62095926310018 West Hill-N-Park Inc. P.O. Box 929, Greeley 80632 62095926310008 West Hill-N-Park Inc. P.O. Box 929 Greeley ; 80632 62095926310007 West Hill-N-Park Inc. P.O. Box 929, Greeley 80632 62095926310006 West Hill-N-Park Inc. P.O. Box 929, Greeley 80632 62095926310005 West Hill-N-Park Inc. P.O. Box 929, Greeley 80632 62095926310004 West_Hill-n-Park Inc. P.O. Box 929, Greeley 80632 62095926310003 West Hill-N-Park Inc. P.O. Box 929, Greeley 80632 62095926310002 West Hill-N-Park Inc. P.O. Box 929, Greeley 80632 62095926312009 West Hilt-N-Park Inc. P.O. Box 929, Greeley 80632 62095926312008 ' West Hill-N-Park Inc. P.O. Box 929, Greeley 80632 62095926312007 West Hill-N-Park Inc. P.O. Box 929, Greeley 80632 , 62095926312006 West Hill-N-Park Inc. P.O. Box 929, Greeley 80632 62095926312005 • he OF OW:, _ ,F PROPERTY HIIN fit Please print or type NAME ADDRESS , TOWN/CITY, ASSESSOR' S PARCEL STDE West Hill-N-Park Inc. P.O. Box A929 Greeley TE AND ZIP 806326209gg61TOUeTicIN # West Hill-N-Paris Inc. P.O. Box 929 Greeley 80632 6209592620016 West Hill-N-Park Inc. P.O. Box 929 Greeley 80632 62095926320017 West Hill-N-Park Inc. P.O. Box 929 Greeley 80632 62095926320018 West Hill-N-Park Inc. P.O. Box 929 Greeley 80632 62095926320019 - West Hill-N-Park Inc. P.O. Box 929 Greeley 80632 62095926320020 West Hill-N-Park Inc. P.O. Box 929 Greeley 80632 62095926318001 West Hill-N-Park Inc. P.O. Box 929 Greeley 80632 62095926315009 West Hill-N-Park Inc. P.O. Box 929 Greeley 80632 62095926315008 Visser, Thelma_ 3507 Yosemite Dr. Grly 80634 62095926321021 Lundvall, Elmer P.O. Box 632 Greeley 80632 62095926321020 Schneider, Charlene K. 4389 Black Canyon Ct. Grly 80634 62095926321013 West Hill-N-Park Inc. P.O. Box 929 Greeley 80632 62095926321012 4.34d Black Canyon Ct. Maldonado, Dallas James & Jodi Lynn Greeley 80634 62095926321011 =4361 Carlsbad Dr. — Matthews, Charles D & Janice M. Greeley 80634 62095926321006 West Hill-N-Park Inc. P.O. Box 929 Greeley 80632 62095926321005 -- West Hill-N-Park Inc. P.O. Box 929 Greeley 80632 62095926321004 Meis, Robbie T & Carla R. 4409 Casa Grande Dr. Grly 80634 62095926321003 West Hill-N-Park Inc P.O. Box 929 Greeley 80632 62095926321002 West Hill-N-Park Inc. P.O. Box 929 Greeley 80632 62095926321001 West Hill-N-Park Inc. P.O. Box 929 Greeley 80632 62095926315007 c/o Lundvall Bros. Chisnar, Jackie C. P.O. Box 632 Greeley 80632 62095926315006 West Hill-N-Park Inc. P.O. Box 929 Greeley 80632 62095926315005 West Hill-N-Park Inc. P.O. Box 929 Greeley 80632 62095926315003 West Hill-N-Park Inc. _ P.O. Box 929 Greeley 80632 62095926315002 West Hill-N-Park Inc. P.O. Box 929 Greeley 80632 62095926316001 West Hill-N-Park Inc. P.O. Box 929 Greeley 80632 62095926316002 West Hill-N-Park Inc. P.O. Box 929 Greeley 80632 62095926316003 NAMOF UWNEPS OF PROPERTY WITHIN 50 _ III Please print or type NAME ADDRESS , TOWN/CITY , ASSESSOR' S PARCEL STATE AND ZIP CODE IDENTIFICATION N Ogden, Marvin & Ruby 1548 29th Ave. Greeley 80631 62095935203005 Ordway, Jay William & 5084 46th Ave. raroL Sue aka Carol Sue Banks Greeley, 80634 62095935202011 Moore, Gary Lynn & Y.U. Box 1452 Glenda R. Greeley 80632 62095935202010 Wiedeman, Gary William 5880 49th St. Greeley 80634 62095935202001 Wiedeman, Gary William 5880 49th St. Greeley 80634 62095935202002 Wiedeman, Gary William 5880 49th St. Greeley 80634 62095935202008 Harris, David L & Anita L. 4927 44th Ave. Greeley 80634 62095935202009 Bennett, Wilbur Lee & Anna D. 4957 44th Ave. Greeley 80634 62095935202006 Adm of Veteran's Affairs Washington D.C. 20420 62095935201001 Campbell, Stanley L & Peggy A 5000 44th Ave. Greeley 80634 62095935201002 West Hill-N-Park Inc. P.O. Box 929, Greeley 80632 62095926318002 West Hill-N-Park Inc P.O. Box 929, Greeley 80632 62095926318003 West Hill-N-Park Inc P.O. Box 929, Greeley 80632 62095926318004 West Hill-N-Park Inc. P.O. Box 929, Greeley 80632 62095926318005 West Hill-N-Park Inc. P.O. Box 929, Greeley 80632 62095926318006 West Hill-N-Park Inc. P.O. Box 929, Greeley 80632 62095926318007 West Hill-N-Park Inc. P.O. Box 929, Greeley 80632 62095926318008 Weinbender, M.F. 4806 Hot Springs Dr. Grly 80634 62095926318009 West Hill-N-Park Inc. P.O. Box 929, Greeley 80632 62095926318012 . West Hill-N-Park Inc. P.O. Box 929, Greeley 80632 62095926318011 Nix, William V & Lucille A 4325 Yosemite Dr. Grly 80634 62095)26318010 Nolen, Robert L. 4605 Hot Springs Dr. Grly •80634 62095926317011 West Hill-N-Park Inc. P.O. Box 929, Greeley 80632 62095926317006 West Hill-N-Park Inc. c/o Fred & Colleen Roth P.O. Box 929, Greeley 80632 62095926317005 West Hill-N-Park Inc. P.O. Box 929, Greeley 80632 62095926317004 West Hill-N-Park Inc. P.O. Box 929, Greeley 80632 62095926317003 West Hill-N-Park Inc. P.O. Box 929, Greeley, 80632 . 62095926317002 c/o Lundwall Bros Chismar, Jackie P.O. Box 632 Greeley 80632 62095926317001 NAM �F OWr.L. r PROPERTY WITHIN SIIIFEL Please print or type NAME ADDRESS , TOWN/CITY, ASSESSOR' S PARCEL STATE AND ZIP CODE IDENTIFICATION II West Hill-N-Park Inc. c/o Ethel M. Speaker P.O. Box 929 Greeley 80632 62095926316004 West Hill-N-Park Inc. P.O. Box 929 Greeley 80632 62095926316005 Sanchez. Charles M & Cleo 4414 Casa Grande Dr. Grly 80634 62095926316006 AMENDED COVENANTS FOR WEST HILL-N-PARK The following AMENDED COVENANTS shall bind and inure to the benefit of all owners of parcels of real estate within the WEST HILL-N-PARK SUBDIVISION located in Weld County, Colorado, whose ownership interest in such real property dates from a time subsequent to the date upon which these AMENDED COVENANTS were filed of record with the Weld County Clerk and Recorder, and whose grantor of such real property interest was WEST HILL-N-PARK, INC. , its heirs or assigns. 1 . Each lot in the subdivision shall be occupied for residential purposes by a mobile home or by a conventional fixed-location home constructed on the lot . However , no fixed-location home may be constructed on any lot until such time as the applicable Weld County Zoning Regulations have been amended to permit such construction. 2 . No mobile home located on a lot may be other than of factory origin and may not be more than five years old on the date it is located on a lot. 3. Any mobile home located on a lot shall be of dimensions of less than 12 feet by 46 feet. 4. Each mobile home located in a lot shall be set back at least 25 feet from any street right-of-way. 5. Each lot on which a mobile home is located shall be fenced as follows: A. The entire rear portion of each lot; B. 75% of the side lines; C. Street frontage shall be unfenced; D. Style of fence required shall be Elcar type chain link fence similar to type installed on Lot Fifteen (15) , in Block One (1) , Hill-N-Park. 6. No basement house, tent, shack, garage, barn or trailer , prefabri- cated structure or any out-building shall be occupied or used as a residence, temporarily or permanently. 7. All carports and patios or additions to mobile homes shall be of factory origin. B. A concrete driveway shall be installed on each lot within one year of the purchase thereof. 9. No lot shall be used for open storage of construction materials or any other material, except during the construction of an authorized improve- ment. 10. No noxious or offensive trade or activity shall be conducted upon any lot. 11 . No animals of any kind shall be raised, bred or kept upon any lot for commercial purposes. 12 . No mobile home, patio, carport or other addition to a mobile home shall be located any nearer than 10 feet to the rear lot line and 5 feet from side lot line and no more than one mobile home may be placed on any one lot . 13. In no event shall any portion of any mobile home or other structure be erected over any easement for utilties or otherwise. 14. No lot as platted shall be subdivided for the purpose of making two or more lots. No more than one mobile home shall be permitted on any one lot. 15. Easements for utilities and maintenance thereof are reserved as shown on the recorded plat. 16. Natural drainage associated with any lot shall not be altered to as to drain onto the adjacent properties. 1 17. All trash, garbage and other household debris shall not be allowed to accumulate for more than seven (7) days before disposal. Each property owner shall be responsible for the proper storage and disposal of trash, garbage and household debris in accordance with the current rules of the County Health Department. 18. All dogs, cats and other domestic pets shall be confined to the individual property owner's premises. Confinement of such pets shall not be on that portion of the lot bordering upon the streets or walkways of the subdivision. No more that 2 adult animals of any type will be retained as pets on each lot . 19 . No lot owner or occupant shall allow an immobilized motor vehicle to stand on said lot for a period longer than 30 days. In addition, no owner or occupant of a lot shall allow more than one immobilized motor vehicle to stand on said lot for a period greater than 48 hours. For the purpose of this covenant, an "immobilized motor vehicle" shall be considered any motor vehicle not presently capable of movement under its own power. 20. No lot owner or occupant shall allow any junk vehicle to stand on said lot or anywhere within the confines of WEST HILL-N-PARK SUBDIVISION for any period of time. For the purposes of this covenant, a "junk vehicle" shall be considered any motor vehicle which could not be driven legally on the roads in the State of Colorado because the present condition of such vehicle does not meet the minimum standards for such vehicle as set forth in Sections 42-4-202 through 42-4-231 of the Colorado Revised Statutes, 1973 (as amended) . 21 . Each lot shall be accompanied by a voting and assessable membership in the WEST HILL-N-PARK Property Owners Association. Said Association shall be responsible for the maintenance of al parks, tot lots, buffer zones , storage areas and other areas designated for the use of all residents of the WEST HILL-N-PARK SUBDIVISION. Bylaws for the Association will be developed, changed and enforced by the Board of Directors of the Association. The developers of WEST HILL-N-PARK SUBDIVISION shall build and maintain all facilities within the designated open spaces and parks until such time as 50% plus one of the lots have been sold to other voting members; thereafter the developers of WEST HILL-N-PARK SUBDIVISION shall vote and pay assessments on only that number of the lots remaining in their ownership. 22 . Due to the damage to streets and ways within WEST HILL-N-PARK SUBDIVISION occasioned by the use of said streets and ways by semi-tractor/ trailer rigs , no lot owners or occupants, or invitee of the same, shall traverse the streets or ways within the subdivision with a vehicle with a gross weight greater than two (2) tons. 23 . All of the above described covenants shall be effective until August 1 , 1998. Dated this ,262"" day of Y—/ , 196*. WEST It -N-PARK, INC. / • „7 / Roy Lundy 11,%P esident STATE OF COLORADO ) ss. COUNTY OF WELD Subscribed and sworn to before me this /D n` day of July, 1984, by WEST HILL-N-PARK, INC. by Roy Lundvall, President. WITNESS my hand and official seal. My Commission Expires: 777 Notary Public 2 2 File contains oversized map Please see original file Hello