HomeMy WebLinkAbout20073892 G i
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Municipal Subdistrict
ifsNorthern Colorado Water Conservancy District
220 Water Avenue • Berthoud, CO 80513 • 970-532-7700 • fax 970-532-0942
September 18, 2007
Ms. Monica Daniels-Mika
Director
Weld County Planning Department
1400 North 17th Avenue
Greeley, CO 80631
Dear Ms. Daniels-Mika:
Enclosed for your records are recorded copies of Court Orders including the lands
described in the Court Orders within the boundaries of the Municipal Subdistrict,
Northern Colorado Water Conservancy District.
If you have any questions, please feel free to give me a call at 970-622-2216.
Sincerely,
9/1 49 CISY
Marilyn L. Conley
Allotment Contracts Manager
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Enclosures
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3496124 08/09/2007p0.00 12:52P
Steve Moreno Clerk of 3 R 16.00 & Recorder
EI''ILED Document—District Court
1937CV9454
C:Q Weld County District Court 19th .11)
Filing Date: 71 25 2007 5:22PM MDT
DISTRICT COURT, COUNTY OF WELD, STATE OF
Filing ID: 15716359
COLORADO
Court Address: 901 9th Avenue
Greeley, Colorado 80631
IN THE MATTER OF THE NORTHERN COLORADO
WATER CONSERVANCY DISTRICT
A COURT USE ONLY A
Attorney Name: Robert V. Trout Case Number: 1937CV9454-S I
f
Peggy E. Montano
Address: 1120 Lincoln Street
Suite 1600 Div.: 1 Ctrm.:
Denver, Colorado 80203
Phone Number: 303-861 - 1963 '
Certifiecga; a: I, ft :nid cofrec
FAX Number: 303-832-4465 copy
. . rt na1 .In . listod3
E-Mail: rtrout@troutlaw.com ��
@ Dated #. . �. .
pmontano@troutlaw.com C T , # 3: -
C erk Atty. Reg. #: Trout #7190LecirefetoTritu-s. at. Dort,
Montano # 11075
tie
o
By
Deputy
ORDER FOR CONDITIONAL INCLUSION OF LANDS WITHIN THE
BOUNDARIES OF THE MUNICIPAL SUBDISTRICT, NORTHERN COLORADO
WATER CONSERVANCY DISTRICT
This matter comes on regularly before this Court on this 25 day of
July , 2007, on the Motion of the Board of Directors of the Municipal Subdistrict,
Northern Colorado Water Conservancy District ("Subdistrict") for an Order that the hereinafter
described lands shall be conditionally included in the Subdistrict. The Court, having considered
said Motion and being advised of the premises, finds as follows:
1 . Pursuant to C.R.S. §§ 37-45- 120 and 37-45- 136(2), as amended, certain
owners of lands ("Petitioners") have heretofore filed with the Board of Directors of the
aw
111111111111111111111111 III 1111111111111111111111111111
3496124 08/09/2007 12:52P Weld County, CO
2 of 3 R 16.00 D 0.00 Steve Moreno Clerk & Recorder
Subdistrict ("Board") a Petition in writing praying that such lands be included within the
Subdistrict ("Petition"), which Petition described the tracts of land owned by the Petitioners and
is acknowledged as conveyances of land are required to be acknowledged.
2. The Petitioners and the lands sought to be included are as follows:
Petitioners and descriptions of lands included as set forth in Exhibit No. l
attached hereto and by reference specifically made a part hereof
3. That the Secretary of the Board caused notice of filing of the Petition
("Notice") to be given and published in Weld County, Colorado, in which said lands are situated,
which Notice stated the filing of the Petition, the names of the Petitioners, descriptions of the
lands to be included, and the prayer of the Petitioners, and notified all persons interested to
appear at the office of the Board at the time stated in the Notice and to show cause in writing, if
any they have, why the Petition should not be granted.
4. The Board, at the time and place so mentioned, proceeded to hear the
Petition. No objections to the Petition were presented in writing or at all by any person, and the
Board granted the Petition and made and filed herein its Order to that effect.
WHEREUPON, THE COURT ORDERS that the said lands described in Exhibit
I attached hereto, shall be and are included in the Municipal Subdistrict, Northern Colorado
Water Conservancy District, conditioned on future payment of all mill levies and assessments
which are levied or which will be levied on other similarly situated lands in the Subdistrict at the
time of inclusion of Petitioners' lands. If such payments are not made on such equal basis with
similarly situated existing lands, Petitioners' lands are subject to exclusion for noncompliance
with this condition, if the payments are not otherwise made.
DATED this 25 day of__July , 2007.
BY THE COURT
tell to
Ro er A lein
District curt Judge
This document was filed pursuant to C.R.C.P. 121, § 1-26. 4 printable version of the electronically
signed order is available in the Court's electronic file.
•
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•
/, 1111 ����11111 1 11111111
111111 111111111111111
3496124 08109/2007 12:52P St Steve Moreno Weld
Clerk & Recorder
County,
CO
3 of 3R16.00 D0.00
Exhibit 1
PETITIONER DESCRIPTION
Harold B. Leggett, Jr. A tract of land situated in Section 27, Township 2 North, Range 66
West of the 6th P.M., County of Weld, State of Colorado
described as Lot 2, Block 35, Aristocrat Ranchettes, Second riling.
1 .00 Acre
(toI 111111 1111! II1111 111111 111 11111111111111111111111111111111111
3496125 08109/2007 D 0.00 12:52P t Steve Moreno Clerk & Recorder
County,
Co
1 of 3 R 16.00
EFILED Document — District Court
1937CV9454
CO Weld County District Court t9th,Tf)
Filing Date: Jul 25 2007 4:52PM MDT
DISTRICT COURT, COUNTY OF WELD, STATE OF
Filing ID: 15715094
COLORADO
Court Address: 901 9th Avenue
Greeley, Colorado 80631
IN THE MATTER OF THE NORTHERN COLORADO
WATER CONSERVANCY DISTRICT
A COURT USE ONLY A
Attorney Name: Robert V. Trout Case Number: 1937CV9454-S I
Peggy E. Montano
Address: 1120 Lincoln Street
Suite 1600 Div.: 1 Ctrin.:
Denver, Colorado 80203
Phone Number: 303-861 -1963
FAX Number: 303-832-4465 Certified to be :.ful tr : 'and correct
copy of th . � " 'O111-i: custody.
E-Mail: rtrout@troutlaw.com �;
pmontano@troutlaw.com Dated
C Clerk*.
AT : $F .W.Ai
.....ip'
Atty. Reg. #: Trout #7190Yip'
Montano # 11075 r'
B etcrr}
, ) Deputy
ORDER FOR CONDITIONAL INCLUSION OF LANDS WITHIN THE
BOUNDARIES OF THE MUNICIPAL SUBDISTRICT, NORTHERN COLORADO
WATER CONSERVANCY DISTRICT
This matter comes on regularly before this Court on this 25 day of
July , 2007, on the Motion of the Board of Directors of the Municipal Subdistrict,
Northern Colorado Water Conservancy District ("Subdistrict") for an Order that the hereinafter
described lands shall be conditionally included in the Subdistrict. The Court, having considered
said Motion and being advised of the premises, finds as follows:
I . Pursuant to C.R.S. §§ 37-45- 120 and 37-45- 136(2), as amended, certain
owners of lands ("Petitioners") have heretofore filed with the Board of Directors of the
• ."
1111111 11111
111111 111111
3496125 08/09/2007 12:52P Weld County, CO
2 of 3 R 16.00 0 0.00 Steve Moreno Clerk & Recorder
Subdistrict ("Board") a Petition in writing praying that such lands be included within the
Subdistrict ("Petition"), which Petition described the tracts of land owned by the Petitioners and
is acknowledged as conveyances of land are required to be acknowledged.
2. The Petitioners and the lands sought to be included are as follows:
Petitioners and descriptions of lands included as set forth in Exhibit No. 1
attached hereto and by reference specifically made a part hereof.
3. That the Secretary of the Board caused notice of filing of the Petition
("Notice") to be given and published in Weld County, Colorado, in which said lands are situated,
which Notice stated the filing of the Petition, the names of the Petitioners, descriptions of the
lands to be included, and the prayer of the Petitioners, and notified all persons interested to
appear at the office of the Board at the time stated in the Notice and to show cause in writing, if
any they have, why the Petition should not be granted.
4. The Board, at the time and place so mentioned, proceeded to hear the
Petition. No objections to the Petition were presented in writing or at all by any person, and the
Board granted the Petition and made and filed herein its Order to that effect.
WHEREUPON, THE COURT ORDERS that the said lands described in Exhibit
1 attached hereto, shall be and are included in the Municipal Subdistrict, Northern Colorado
Water Conservancy District, conditioned on future payment of all mill levies and assessments
which are levied or which will be levied on other similarly situated lands in the Subdistrict at the
time of inclusion of Petitioners' lands. If such payments are not made on such equal basis with
similarly situated existing lands, Petitioners' lands are subject to exclusion for noncompliance
with this condition, if the payments are not otherwise made.
DATED this 25 day of July , 2007.
BY THE COURT
% qçta 2
Ito er A loin
District ourt Judge
This document was filed purxuattt to C.R,C.P. 121, 4 1-26. A printable yenion of the electronically
signed order is available in the Court's electronic file.
*
.
11 11111111
4 11111
l ���� 11111 11111111
3496125 08109/2007 12:52P Weld St Steve Moreno Clerk & Recorderu
CO
3 of 3816.00 00.flfl
Exhibit 1
PETITIONERS DESCRIPTION
I & .# Partnership LP A tract of land situated in Section 6, Township I North, Range 68
West of the 6th P.M., County of Weld, State of Colorado
described as Lot B, 2' Amended Rec. Exempt. # 1467-06-1-2ndAMRE-3402 as rec. in Rec.
#3286322.
127.59 Acres
Mike Moradi A tract of land situated in Section 6, Township 1 North, Range 68
KAC Holdings LLC West of the Ch P.M., County of Weld, State of Colorado described
Katina Moradi Trust as Lots A & B ofRec. Exempt. #1467-06-3-RE3844 as rec. in Rec.
Caroline Moradi Trust #3220110.
Albert Moradi Trust
Sated & Forough Moradi A tract of land situated in Section 6, Township 1 North, Range 68
Family Trust West of the 6th P.M., County of Weld, State of Colorado described
as Lots A & B ofRec. Exempt. #1467-06-4-RE3378 as rec. in Rec.
#2994975.
313.00 Acres
Total Acres included 498.41
Ars
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3496126 08/09/2007 12:52P Weld County, Co
1 of 3 R 16.00 D 0.00 Steve Moreno Clerk & Recorder
EFILED Document-District Court
1937CV9454
CO Weld County District Court 19th .11)
Filing nr7
Jul 25 5:22PM MIST
DISTRICT COURT, COUNTY OF WELD, STATE OFFin
COLORADO
Court Address: 901 9th Avenue
Greeley, Colorado 80631
IN THE MATTER OF THE NORTHERN COLORADO
WATER CONSERVANCY DISTRICT
A COURT USE ONLY A
Attorney Name: Robert V. Trout Case Number: 1937CV9454-S 1
Peggy E. Montano
Address: 1120 Lincoln Street
Suite 1600 Div.: I Ctrm.:
Denver, Colorado 80203
Certified _"'`
Phone Number: 303-861 -1963 co : _ ;.' :`.: s:
P of �.-r. : ;tfld Correct
FAX Y ._ ._ ,r ,
Number: 303-832-4465 a : :. _ � rlk:. : y custody.
Dated ,� �
E-Mail: rtrout@troutlaw.com " "; < ' ; '
pmontano@troutlaw.com 004 =L: .WA
Clete of th . i1.: Ts` urt
Atty. Reg. #: Trout #7190 el * � : r
Montano #11075
By
Deputy
ORDER FOR CONDITIONAL INCLUSION OF LANDS WITHIN THE
BOUNDARIES OF THE MUNICIPAL SUBDISTRICT, NORTHERN COLORADO
WATER CONSERVANCY DISTRICT
This matter comes on regularly before this Court on this 25 day of
July , 2007, on the Motion of the Board of Directors of the Municipal
Subdistrict, Northern Colorado Water Conservancy District ("Subdistrict") for an Order that the
hereinafter described lands shall be conditionally included in the Subdistrict. The Court, having
considered said Motion and being advised of the premises, finds as follows:
I . Pursuant to C.R.S. §§ 37-45- 120 and 37-45-136(2), as amended, certain
owners of lands ("Petitioners") have heretofore filed with the Board of Directors of the
1111111 111111111111111111111111 11111111 11111111 liii 1i11
3496126 08/09/2007 12:521' Weld County, CO •
2 of 3 R 16.00 0 0.00 Steve Moreno Clerk & Recorder
Subdistrict ("Board") a Petition in writing praying that such lands be included within the
Subdistrict ("Petition"), which Petition described the tracts of land owned by the Petitioners and
is acknowledged as conveyances of land are required to be acknowledged.
2. The Petitioners and the lands sought to be included are as follows:
Petitioners and descriptions of lands included as set forth in Exhibit No. I
attached hereto and by reference specifically made a part hereof.
3. That the Secretary of the Board caused notice of filing of the Petition
("Notice") to be given and published in Weld County, Colorado, in which said lands are situated,
which Notice stated the filing of the Petition, the names of the Petitioners, descriptions of the
lands to be included, and the prayer of the Petitioners, and notified all persons interested to
appear at the office of the Board at the time stated in the Notice and to show cause in writing, if
any they have, why the Petition should not be granted.
4. The Board, at the time and place so mentioned, proceeded to hear the
Petition. No objections to the Petition were presented in writing or at all by any person, and the
Board granted the Petition and made and filed herein its Order to that effect.
WHEREUPON, THE COURT ORDERS that the said lands described in Exhibit
I attached hereto, shall be and are included in the Municipal Subdistrict, Northern Colorado
Water Conservancy District, conditioned on future payment of all mill levies and assessments
which are levied or which will be levied on other similarly situated lands in the Subdistrict at the
time of inclusion of Petitioners' lands. If such payments are not made on such equal basis with
similarly situated existing lands, Petitioners' lands are subject to exclusion for noncompliance
with this condition, if the payments are not otherwise made.
DATED this 25 day of Jul , 2007.
BY THE COURT
Ca. Vag
Ito er A lean
District ourt Judge
This document was filed pursuant to C.P.CP. 121, g 1-26. A printable version of the elenroairaliy
signed order is attailable in the Court's electronic file.
% Jr 111111111111 141 11111 liii llli
.ii Ilia l 11111 111111 111111 111
a 3496126 08/09/2007 12:52P Weld County, CO
3 of 3 R 16.00 D 0.00 Steve Moreno Clerk & Recorder
Exhibit 1
PETITIONERS DESCRIPTION
Breakneck Weld Properties A tract of land situated in Section 6, Township 3 North, Range 68
LLC West of the 6'h P.M., County of Weld, State of Colorado, desc.
as beg. at the NW cor. of Sec.; th. N. 88 '56'08" E. 2510.75ft to the
WA cot of Sec.; th. S. 00°31 '00" E. 1324.17ft to the SE cor. Of the WAN W%;%; th. S. 88 °54'07" W.
2523. 17ft to the SW cor. of sd. N%2NW'/d; th. N. 00°01 '09" W. 1325.83ff to the POW
76.551 Acres
Harvey R. Markham A tract of land situated in Section 19, Township 4 North, Range
Olga J. Markham 68 West of the 6`h P.M., County of Weld, State of Colorado, desc.
as Lot B of Rec. Exempt. #1467-19-1 -RE3667.
16.410 Acres
A. Jeffrey Stamp A tract of land situated in Section 36, Township 4 North, Range
68 West of the 6Ih P.M.., County of Weld, State of Colorado, desc.
as Lot B of Corrected Recorded Exemption of Lot B of Recorded Exemption #1061 -36-3-RE2462.
58.480 Acres
Nolan Ulmer A tract of land situated in Sections 17 & 20, Township 5 North,
Range 67 West of the 6` ' P.M., County of Weld, State of Colorado,
desc. as beg. at the W'/4 cor. of Sec. 20; th. N. 00° 13'26" E. 2534.7811; th. S. 29° 15'07" E. 337.0611;
th. S. 39°21'05" E. 40.07ft to a pt. on a cur. to the left wh. has a c/a of 31 '39'18", a radius of
324.47ft, & the chord of wh. bears S. 55' 10'45" E. 17.6.99ft; th. N. 06° 18'02" E. 832.70ft to apt_ on
a cur. to the right wh. has a c/a of. 12° 50'10", a radius of 577.45ft & the chord of wh. bears N.
47°46'54" W. 129. 1 Oft; th. N. 41 °21'49" W. 154.90ft to a pt. on a cur. to the left wh. has a c/a of
44°31'10", a radius of 171 .79ft & a chord of wh. bears N. 67°03'57" W. 130. 14ft; th. N. 89°27'05"
W. 103.26ft to apt. on theW. In. of the SWV4SW% of Sec. 17; th. N. 00°32'55" E. 289.35ft to a pt.
on the Srly R/W In. of Greeley & Loveland Ditch; th. alg. sd. R/W S. 41 °21'49" E. 556.47ft to a pt. -
on a cur. to the left, having a c/a of 42°41'20" & a radius of 517.45ft, the chord of wh. bears S.
62°42'29" E. 376.68ft; th. S. 84°03'09" E. 266.5211; th. S. 82°01 '23" E. 467. 11ft; th. S. 82° 18'23"
E. 85.55ft; th. S. 77°28'49" E. 77.99#1 to a pt. on a cur. to the right having a c/a of 64'42'48" & a
° ,�
radius of 94.70ft, the chord of wh. bears S. 4S07 24 E. 101 .37ft; th. S. 12°46'00" E. 63.02ft; th.
S. 12°46'00" E. 141 .44ft; th. S. 18°37328" E. 58.79ft; th. S. 25 '20'18" E. 139. 16ft; th. S. 26'01 '00"
E. 550.94ft; th. S. 31 °31 '21 " E. 59.08ft to a pt. on a cur. to the left, having a c/a of 61 °2725"5" & a
radius of 247.3011, the chord of wh. bears S. 62° 15'04" E. 252.72ft; th. N. 87 '01 '14" E. 41 .6011 to
a pt. on a cur. to the left, having a c/a of 48°51'48" & a radius of 319. 18ft, the chord of wh. bears N.
62 °35'20" E. 264.03ft; th. N. 38°0926" E. 107.75ft; fit N. 49° 18'35" E. 22.87ft to a pt. on the E.
In. of the NW'/4 of Sec. 20; th. S. 00° 16'49" W. 1884.95ft to the e'/4 cor. of Sec. 20; €h. N. 89°49'43"
W. 618f1.; th. N. 00013'26" E. 1511 to the S. in. of the NW'/4 of Sec. 20; th. N. 89°49'43" W. 1291 ft;
th. S. 00° 13'2V W. 15ft; fit N. 89°49'43" W. 742.55ft to the POB.
148.116 Acres
Total Acres Included 299.557
cBertlioucf Tire Protection (District
•bYY;7' -- ie:; i:eDal tf{{ejll
July 29, 2007 ! l
n bED
Harvey and Olga Markham "`.4 s
650 Highway 56
Berthoud Colorado, 80513
Dear Sir;
Pursuant to your request, please accept this written confirmation of the fire flow at your subdivision
east of Berthoud. Your hydrant flows at 1097 Gallons per minute.
The hydrant is sufficient for structures of up to 3,600 square feet. Homes larger than that will require
a larger fire flow as determined by table A-III-A- 1 of the Uniform Fire Code. In the event that there
is insufficient fire flow available, alternative fire protection methods must be employed. This
generally means that residential fire sprinklers will be required. Such systems must be reviewed,
approved, and inspected by the District. The Berthoud Fire Protection District is also considering the
implementation of an ongoing inspection program for residential sprinklers in the future.
In the event a sprinkler system is required, approved contractors must do the work. Both the
sprinkler contractor and the excavation contractor (who installs the sprinkler system supply line)
must be licensed by the State of Colorado, Department of Fire Safety. Proof of such licensure must
be provided to the District. A flow and pressure test is required on the supply line from the main to
the structure before the line is covered.
Construction requirements for the Berthoud Fire Protection District are currently drawn from the
1997 Uniform Fire Code. From time to time these source documents are updated or amended. In the
event that there is a conflict between the requirements of this letter and updated requirements, the
newer requirements in effect at the time of plan submittal shall apply.
We would request that these requirements be included in the final plat, and that compliance be
required prior to the issuance of any building permits.
If you have any questions, please direct them to me at your earliest opportunity.
Respectfully,
1•/
..li
Deputy Fire Marshal
CC: Weld County Planning Department , Kim Ogle re l oll
Box 570 • 275 Mountain Ave. • Berthoud, CO 80513
(970) 532 -2264 Phone • (970) 532-4744 Fax • www.berthoudfire.org
•
Vv.e , . : i i.:: :; g Department
El OFFICE
hemear
ti4let 1Plit MEMORANDUM -i - „_ .,, „ ,
trz :?i.7 :Latvvka:LD
TO: Kim Ogle, Planning Services DATE: July 25, 2007
FROM: Donald Carroll, Engineering Administrator 11$4
COLORADO SUBJECT: PF-1077, Markhamview PUD
At the request of Mr. Markhamview, Don Stang, our Engineering Tech, has verified that the following
transportation items have been completed and recommends release of collateral.
The following items have been completed in the Improvements Agreement:
Site grading
Street grading
Street base
Street paving
Culverts
Storm sewer
Road culvert
All items are totaling $66,224.00.
The applicant shall provided Planning Services a letter from the appropriate utility company verifying that their
utilities have been completed prior to release of collateral.
All other non-transportation items associated with Planning Services should be verified prior to release of
collateral.
A replacement Letter of Credit should include the 15% of the street paving item in the amount of $4,275.00 for
the one-year warranty period with any additional items that have not been completed.
The Weld County Public Works Department recommends release of the above items in the amount of
$66,224. 00 with the replacement Letter of Credit for the balance.
pc: Don Stang , Inspection
PF-1077 M:IPLANNING - DEVELOPMENT REVIEWI3-Final Plat (PF, MF, MJF)1PF-1077.doc
.
EXHIBIT "A"
Name of Subdivision �,,) 5 / i-=--
or Planned Unit Development � � � !L it �MIA Lot (
Filin r" (4i' 13 RI-36-0- ► 0 1� �'M /' 17 of-) (`-( 6, 7 - I ir-( � (2. -- 3i ‘ 7
g f
Ni , Sic r / cT Tb IA--AS tit , Li All `it A�t&t 61-- [i-)
Location: ti N z � �
-, Q
13r --17—r-pup / if3
Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout thus Subdivision or N
Planned Unit Development the following improvements. (Leave spaces blank where they do not apply.) s
Improvements Quantity Units Unit Estimated Construction
Costs Cost
Site grading
IC/ � y 2 , ou 5, 7 63i u0
Street grading °"3,7 / 2- -S Cr y oS a, 5 0 8� (T) '3 0 - C. r' v
street base f`l i % ` o 3 / ?s-c-) `.0.•
Street paving c 30 nu 51. 77 as-r 5" o c:' 1.--- I 'it'fa 4 w
Curbs, gutters, and culverts -7 n t _6-1 ,, LO aI o 3 G v
Sidewalk
Storm sewer facilities K U? Cr 3 OO ails ( ✓
Retention ponds
Ditch Improvements
Subsurface drainage
Sanitary sewers
Think and forced lines
Mains
Laterals (house connected)
On-site sewage facilities
On-site water supply and storage
Water Mains (includes bore) gut) Ff �, 7 , i 3 Lc 025b
Fire hydrants / /-7-7/4 el,), So il , -2-Ccs
Survey and street monuments and boxes g < 0 t)
f
Street lighting Street Names (7,__A? a75 5 50
Fencing requirements
Landscaping 3a 5v 1,).5-0
Park improvements
Road culvert 44-0 g'1 11/0, CD l (, 00 `�
Grass lined swale /
3 aka
J f '
Telephone Ci c,c .
Gas
Electric / 'T' 6. (9 o
Water transfer /
SUB-TOTAL: ' ' d f c
/
Engineering and Supervision Costs $ II 5- 0 0 -
(Testing, inspection, as-builtplans and work in addition to preliminary and final plat; supervision of actual construction
by contractors) ,�
TOTAL ESTIMAT ED COST OF IMPROVEMENT S AND SUPERVISION $ I i &7 t
41.
L
11111111111111111111111
1!111111! !11!!11{1 !!11111111111
3404115 07/19/2006 00:S Steve Moreno Clerk & Recorder
P Weld County,
9 of 12 R 0.00 Q 0
3,
DEPARTMENT OF PLANNING SERVICES
NORTH OFFICE
918 10Th Street
GREELEY CO 80631
PHONE: (970) 353-6100, Ext. 3540
FAX: (970) 304-6498
COLORADO
July 2, 2007
Harvey Markham
650 Hwy 56
Berthoud CO 80513
Subject: PF-1077-Site Investigation.
Dear Harvey:
The Department of Planning Services conducted a site investigation on Friday June 22, 2007 to verify the
progress occurring with the installation of the on-site improvements associated with this residential
development.
Visual inspection of the lands associated with this development determined that there are three
outstanding improvements that require your attention.
The school bus shelter for children
The mailbox pedestal and associated pad, if require
The Development Sign as previously discussed.
With completion of these few items, the Department of Planning Services will be positioned to recommend
release of the non-transportation items, retaining nine thousand twenty-one and 45/100s dollars. The
recommendation for release is predicated on the receipt of replacement collateral to cover the for the one
year warranty period.
If you have any questions concerning this matter, please feel free to call me.
;5i . - rely,
Ki -
Plan
Kim Ogle
From: Donald Stang
Sent: Wednesday, May 23, 2007 9:03 AM
To: Kim Ogle
Cc: Tracy Dyer
Subject: Markham View
Kim,
Markham view estates is nearly done and I wanted to give you an update. I am just finishing up on the last small items
concerning the road and hopefully it will be done and we will start the warranty process.
If you have any questions let me know.
Don
Don Stang
Engineering Technician
Weld County Public Works
970-304-6496 EXT-3746
Cell 970-301 -2623
dstang@co.weld.co.us
1
1111111 11111 11111 1111 (In iiiiiii iii 111111111 1111
1% 1 o
3470752
f 26 R 131
74 /OO D 0 00 Steve
07 03:41P ld County, CO
Moreno Clerk & Recorder
Declaration of
Covenants, Conditions and Restrictions
for
Markham View Estates
Weld County, Colorado
1111111 II III 11111 Illllll 11I11I II 11111111111111111111111
3470752 04/23/2007 03:41P Weld County, CO
2 of 26 R 131 .00 D 0.00 Steve Moreno Clerk & Recorder
Declaration of
Covenants, Conditions and Restrictions
for
Markham View Estates
This declaration of Covenants, Conditions and Restrictions ("Declaration ") is made
this 30th day of July, 2005 by Harvey R. Markham Sr. and Olga J . Markham, herein-after
also known as the "Declarant".
Whereas the DECLARANT is the owner of certain lots of land designated as follows:
Lots 1 -6 of filing for Markham View Estates Subdivision, PlatPF- 1°,Yecording No. 3401 91
filed with the County Clerk and Recorder, Weld County, Corado, (hereinafter referred to
as the "Subdivision").
Article I
GENERAL
1 .1 Community Area. Declarant is the owner of that certain parcel of land located
in the County of Weld, Colorado, more particularly described in Exhibit A attached hereto and
incorporated herein by reference, which is defined in the Declaration as the "Community Area"
Declarant intends to develop the Community Area as a high quality, Planned Community of
residential homes with a maximum of six (6) sites, to be named Markham View Estates, in
accordance with the applicable terms and provisions of the Colorado Common Interest Owner-
ship Act.
1.2 Purposes of Declaration. Property which is subject to this Declaration in the
manner hereinafter provided shall be referred to as the Community Area. This Declaration is
executed (a) in furtherance of a common and general plan for the Community Area; (b) to
protect and enhance the quality, value, aesthetic desirability and attractiveness of the Communi
Area; (c) to provide for an Association as a vehicle to hold, maintain, care for and manage
Association properties which will benefit all owners of sites; (d) to define the duties, powers, al
rights of the Association, , including, without limitation, performance of certain maintenence
obligations with respect to drain systems, certain offsite drainage and other facilities and such
matters whether similar or dissimilar which the Association elects to undertake in accordance
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with the provisions hereof; (e) to define certain duties, powers and rights of Owners of Sites
within the Community Area; and (f) to comply with and effectuate
• the terms and provisions of the Act.
1 .3 Declaration. Declarant, for itself, its successors and assignss, hereby declares
that all property which becomes subject to the Declaration in the manner hereinafter provided,
and each part thereof, shall from the date the same becomes subject to this Declaration, be
owned, held, transferred, conveyed, sold, rented, hypothecated, encumbered, used, occupied,
maintained, altered and improved subject to the covenants, conditions, restrictions, limitations,
reservations, exceptions, equitable servitudes and other provisions set forth in this Declaration,
for the duration hereof, all of which are declared to be part of, pursuant to, and in furtherance
of a common and general plan of development, improvement, enhancement and protection of
the Community Area. The provisions of this Declaration are intended to and shall run with the
land and, until their expiration in accordance with the terms hereof, shall bind, be a charge upoi
and inure to the mutual benefit of (a) all of the property which becomes part of the Community
Area and each part or parcel thereof, (b) Declarant and its successors and assigns, (c) the
Association and its successors and assigns, and (d) all Persons having or acquiring any right,
title or interest in any property which becomes property of the Community Area or any part or
parcel thereof or any Improvement thereon and their heirs, personal representative, successors
and assigns. This Declaration shall be recorded in Weld County, Colorado, in the name of the
Association and in the name of each person executing this Declaration.
1 .4 Covenants Subordinate to Law. These covenants are subordinate to Weld County
ordinances, state law, and federal law. If thes covenants, conditions, and restrictions conflict
with any ordinance, state or federal law, then that ordinance or law shall prevail.
Article II
DEFINITIONS
2.1 Act. "Act" shall mean the Colorado Common Interest Ownership Act as pro-
vided in C.R.S. 38-33 .3- 101 , et seq., as the same may be amended from time to time.
2.2 Articles of Incorporation. "Articles of Incorporation shall mean the Articles
of Incorporation of the Markham View Estates filing No. 1 Homeowners Association, which
have been or will be filed in the office of the secretary of State of Colorado, as the same may
be amended from time to time.
2.3 Association. "Association" shall mean the Markham View Estates, filing No. 1
Homeowners Association, a Colorado non-profit corporation, its successors and assigns.
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2.3 Bylaws. "By-laws" shall mean the By-laws of the Association which have been o:
will be adopted by the Board of Directors of the Association, as the same may be amended
from time to time.
2.4 Common Area. "Common Area" shall mean any portions of the Community
Area which are maintained by the Association. Such Common Area may be owned separately
by individual Owners over which the Association has an easement for maintenence purposes.
These easements are shown on the Final Plat and include a storm retention area on Lot 6, a
bus shelter and sign area on Lot 1 , as well as the street providing access to the community.
2.5 Declaration. "Declaration" shall mean this instrument as it may be amended from
time to time.
2.6 Developer. "Developer" will mean and refer to Harvey R. Markham Sr. who wil
oversee the development of the aforementioned property to be known as Markham View Estate
his successors and or assigns of the land described above, which is covered by these Covenants
Conditions, and Restrictions.
2.7 Improvement. "Improvement" shall mean all structures and any appurtenences
thereto of every type or kind, including, but not limited to, buildings, outbuildings, swimming
pools, patio covers, awnings, painting of any exterior surfaces of any visible structure, addition
walkways, outdoor sculptures or artwork, sprinkler pipes, garages, carports, roads, driveways,
parking areas, fences, screening walls, retaining walls, stairs, decks, fixtures, landscaping, hedg
windbreaks, plantings, planted trees and shrubs, poles, signs, exterior tanks, solar equipment,
exterior air conditioning and water softener fixtures.
2.8 Owner. "Owner" shall mean the Person, including Declarant, or, if more than
one, all Persons collectively, who hold fee simple title of Record to a Lot, including sellers
under executory contracts of sale and excluding buyers thereunder.
2.9 Person. "Person" shall mean a natural person, a corporation, a partnership or
any other entity.
2.10 Lot. "Lot" shall mean and refer to any parcel of land shown on the plat of the
Subdivsion as here described.
2.11 Site. "Site" shall mean any Lot within the Community Area which is shown on
any recorded plat map or any other parcel of land which may be sold or conveyed without
violation of the provisions of Colorado law pertaining to the subdivision of land. The term
"site" shall be analogous to the term "Unit" as that term is defined in the Act.
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2.12 Subdivision. "Subdivision" shall mean and refer to that land described herein.
Article III
GENERAL RESTRICTIONS AND COVENANTS APPLICABLE TO COMMUNITY ARE)
All real property with the Community Area shall be held, used, and enjoyed subject to the
following limitations and restrictions, and subject to exemptions of Declarant set forth in the
Declaration.
3.1 GROUNDS
(a) Maintenance of Drainage. There shall be no interference with the established
drainage pattern over any property within the Community Area, except as approved in writing
by the Declarant or the Design Review Committee in conjunction with a state licensed engineer
Approval shall not be granted unless provision is made for adequate alternate drainage. The
"established drainage pattern" shall mean the drainage pattern which is enbodied in the plans fc
Improvement approved by the Weld County Public Works Department.
(b) Landscaping. Each Owner will be provided a tentative landscaping plan which
will be consistent with the intent of maintaining an open, spacious feel with unfettered views o:
the mountains to the West. Each Owner is required to review and get approval from Declarant
prior to commencing landscaping. After Declarant is no longer a voting member of the Assoc-
iation and the Design Review Committe has been establised, review and approval for added
landscaping or changes to existing landscaping will be reviewed and approved by this entity
prior to work being commenced.
(c) Weeds. All yards and open spaces and the entire area of every Site on which no
building has been constructed shall be kept mowed to a maximum height of 6 inches. In additic
each Site shall be kept free from brush or other growth or trash which, in the reasonable opiniol
of the Design Review Committee, is unsightly or causes undue danger of fire. Declarant shall b
responsible for Lots for which Declarant holds title, all others are the responsibility of the
Owners.
(d) Restrictions on Mining and Drilling. No property within the Community Area
shall be used for the purpose of mining, quarrying, drilling, boring, or exploring for or removin
oil, gas, or other hydrocarbons, minerals, rocks, stones, gravel, or earth, except drilling, explori
for, or removing underground water by Declarant or any Person designated by Declarant.
Notwithstanding the foregoing, Declarant, for itself and its successors and assigns, excepts and
reserves and shall retain the right to develop and remove any such oil, gas, hydrocarbons or
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minerals by slant drilling or other suitable means of subterranean entry; provided, however, tha
any such methods of slant drilling or other means of subterranean entry can be employed with
impairing structures, improvements or appurtenances, or the use thereof, located, or to be locate
on any Site.
(e) Restrictions on Garbage and Trash. No refuse, garbage, trash, lumber, grass,
shrub, or tree clippings, plant waste, compost, metal, bulk materials, scrap, or debris of any kin4
shall be kept, stored, or allowed to accumulate on any Site except within an enclosed structure
appropriately screened from view, except that any container containing such materials may be
placed outside at such times as may be necessary to permit garbage or trash pickup.
(1) Tanks. Propane, butane, and water storage tanks must conform to State
requirements.
(g) Absorption Field Restrictions. No structures, landscaping, dirt mounds,
or animal grazing shall be allowed in the designated absorption field sites as shown on the
recorded Change of Zone plat. Absorption field location may be moved slightly to accomo-
date unique properties desired in the design/location the residence and/or outbuildings but
once fixed, no further movement is allowed and the above restrictions hold sway. Any move-
ment of absorption fields will require approval of the Declarant during his term and thereafter,
the Association Design Review Committee.
(h) Wildlife. The Colorado Division of Wildlife requests Owners be aware that a number
of wildlife species exist in the area which may cause damage to landscaping or other vegetatior
(i) Easements. Easements for installation and maintenance of utilities, drainage facilitic
roadways and such other purposes incident to development of the property are reserved unto thi
Association, the water company, and all public utility companies for construction, installation,
and maintenance of any and all utilities, such as underground power, gas lines, roads, water
supply lines, drains underground telephone or the like, which the Board determines are necessa
or desirable for public health and welfare. This class of easements are shown on the Final Plat
recorded with the Clerk and Recorder of Weld County, Colorado. Additional easements shown
said plat provide for a water retention pond on Lot 6 as well as a school shelter and subdivision
name sign on the northwest corner of Lot 1 . These easements are reserved to the Association fc
the express purpose of providing maintenance for the areas or structures so mentioned.
(I) Setbacks. All buildings erected on any Lot shall be situated only within that portio
of said Lot not restricted from use by easement or right-of-way, and shall not be nearer than 15
feet from any roadway right-of-way line, not nearer than 20 feet from any side lot line and not
nearer than 25 feet from any rear lot line.
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(k) Right to Farm Act. The owners are aware that their property is within the proximity
of agricultural uses and that the owner is aware of the Right to Farm Act. See Exhibit B.
(l) No Hazardous Articles. No activity shall be conducted on and no Improvement
shall be constructed on any property within the Community Area which is or might be unsafe o
hazardous to any Person or property. Without limiting the generality of the foregoing, no firear
shall be discharged upon any property within the Community Area and no open fires shall be
lighted or permitted on any property within the Community Area except in a contained barbecu
unit while attended and in use for cooking purposes or within an interior or exterior fireplace
designed to prevent the dispersal of burning embers.
(m) Limited Law Enforcement. Owners should be aware that until Weld County accepts
the road into the Community Area as public, Weld County Sheriffs personnel have limited traf
enforcement capabilities.
3.2 GENERAL RESTRICTIONS
(a) Maintenance of Community Area. No property within the Community Area
shall be permitted to fall into disrepair, and all property within the Community Area, including
and Improvements and landscaping thereon, shall be kept and maintained in a clean, attractive,
and sightly condition and in good repair. Maintenance, repair and upkeep of each Site shall be
the responsibility of the Owner of the Site. The Association shall maintain, repair and upkeep
areas for which has it has responsibility as defined herein.
(b) Property Uses. All Lots shall be used for private residential purposes. No
dwelling erected or maintained with the Community Area shall be used or occupied for any
purpose other than a single-family dwelling. Notwithstanding the foregoing, business activities
associated with the sale of Sites or residences constructed thereon shall be allowed. In addition.
in-home business or occupations not involving the servicing of customers or employees, other
than the Owners, shall be allowed, provided such activities are conducted solely within the res-
idence and do not create or result in any nuisance or any unreasonable or unwarranted use or
interference with public streets, excessive traffic or parking requirements, rights-of-way or
sidewalks, or in any other offensive or noxious activities.
(c) No Noxious or Offensive Activity. No noxious or offensive activity shall be
carried on upon any property within the Community Area, nor shall anything be done or placed
thereon which is or may become a nuisance or cause an unreasonable embarassment, disturb-
ance, or annoyance to others.
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(4) Annoying Sounds or Odors. No sound or odor shall be emitted form any
property within the Community Area which is noxious or unreasonably offensive to others.
Without limiting the generality of the foregoing, no exterior speakers, horns, whistles, bells, or
other sound devices, other than security devises used exclusively for security purposes, shall
be located or used on any property except with the prior written approval of the Design Review
Committee.
(e) Vehicle Repairs. No maintenance, servicing, repair, dismantling, or repainting of
any type of vehicle, boat, machine, or device may be carried on, except within a completely en-
closed structure which screens the sight and sound of the activity from the street and from other
Sites.
(f) Further Subdivision of Sites. The owner of a Site shall not further subdivide the Site.
(g) Compliance with Laws. Nothing shall be done or kept on any property within the
Community Area in violation of any law, or ordinance, rule, or regulation of any governmental
authority having jurisdiction.
(h) Animals and Livestock. No animals or livestock of any description, except two (2)
horses per lot (no stallions), and the number of household pets permitted by Weld County Code
shall be kept withing the Community Area. All household pets will be confined to the Owner's
Lot, or will at all times be under the direct control of the Lot's occupant when in other areas. Pe
and domestic animals shall not be used for any commercial purposes and shall not be kept in su
numbers as to cause a nuisance to other owners in the Community Area. No other animals or
poultry of any kind shall be bred, raised, or kept. Any dog, cat, or other animal which barks,
howls or makes other noises so as to disturb neighbor(s) to a degree which is a persistent threat
annoyance shall be prohibited and the Owner approached by the Association for remedy and rm
be reported to the County for code Enforcement. Repeated offenses will not be tolerated, and th
Board may levy reasonable fines to mitigate or eliminated the problem, including removing the
pet from the Subdivision. Owners shall control their pets, and shall be responsible for their pets
damage or behavior.
(1) No Temporary Structures. No tent, shack, temporary structure, or temporary
building shall be placed upon any property within the Community Area except with the prior
written consent of the Design Review Committee or from the Declarant prior to activation of
the Design Review Committee.
(j) No Unsightliness. All unsightly conditions, structures, facilities, equipment,
objects, and conditions shall be enclosed within a structure, including snow removal equipment
and garden or maintenance equipment except when in actual use.
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(k) Signs and Advertising. No signs, advertising, or billboards shall be erected, placed,
• or permitted within the Community Area. No signs can be attached to any motor vehicle, trailer
or portable base with wheels will be allowed in the Community Area. No rooftop signs are to bi
permitted. Any exception to the above must be approved by the Board, and must in any case
conform to standards outlined in Weld County Code Section 27-6-90-D. Temporary signs for
an event such as a garage sale are allowed but can not be larger than 2'x2' in dimension, free
standing, and neat and attractive in appearance. Such signage must be removed immediately
as soon as the event has been completed. The above does not apply to any reasonable sign in
connection with the sale of property within the Subdivision. Such signs must also be free stand•
ing and in no case affixed to trees. No sign other than traffic control signs shall be erected,
constructed, or maintained within over, or upon the right-of-way of any County or State highwl-
adjacent to the Community Area.
(1) Storage of Gasoline and Explosive, Etc.No Site shall be used as storage of explo-
sives, gasoline, or other volatile and/or incendiary materials or devices. Gasoline or fuel for
Owner's lawn mower, snow blower, tractor, and the like may be maintained on an incidental
basis on the Site in an amount not to exceed five gallons.
(m) Trailers, Campers, and Junk Vehicles. No vehicles, recreational vehicles, boats,
trailers, campers or vehicular equipment shall be habitually parked along (or less that 25 feet)
from any public road. Visible storage of abandoned or junk vehicles (or any sizable part), un-
used appliances, bathroom fixtures, water heaters, and similar items shall not be permitted
within the Subdivision, except in fully enclosed areas where they are not visible from any ad-
jacent property or street. An abandoned or junk vehicle shall be defined as any unregistered or
inoperable licensed auto, truck, motorcycle, motor home, or other similar vehicle, or any vehicl
which is used for storage purposed, which is not garaged and has not been moved for 30 days
or longer. If the name and address of the vehicle owner is known to the Association, a copy of
a notice stating that the vehicle may be towed shall be mailed to the Site Owner at least 30 days
prior to towing. The vehicle owner and the Site Owner shall be liable for any and all costs and
expenses in connection with the towing of the vehicle, to include attorney fee, and the Associa-
tion shall have no responsibility or liability therefore.
3 .3 CONSTRUCTION
(a) Standards and Procedures. The Design Control Committee shall develop, publis:
and periodically amend Design Standards governing approval of building plans and constructic
procedure in the Subdivision which may be amended or updated from time to time. Said Design
Standards shall include, but not be all inclusive, the following:
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1 . Construction must commence within on year of the date of said committee's notice of
approval of final plans and must comply with the Board's rules.
2. Said committee may grant permission for a temporary structure for storage of materials or
other uses as may be desirable during construction.
3. Once construction has begun, the Owner or construction company shall provide a portable
toilet for workers at the site until sanitary facilities have been connected with the building unde
construction.
4. Owner and/or construction company must provide a dumpster for disposal of construction
debris, trash, refuse, etc., during the construction of the building, and will remove all construc-
tion debris via the dumpster once the project is completed.
5. All construction shall be new. No building previouly used at another location nor any buildi
or structure originally constructed as a mobile dwelling or structure may be moved onto a Lot,
except as expressly hereinafter provided for temporary buildings.
6. The minimum required square footage for any new residence, exclusive of open porches,
decks, and garages, shall be no less than 2100 square feet of above grade heated living space. A
residence which exceeds 3600 square feet as defined above shall require an automatic residenti;
sprinkler system be installed. The Board of Directors shall be authorized to grant a variance of i
greater than twenty percent (20%) of the required square footage.
7. Building exteriors shall be painted/stained, covered or sided in natural or earth tone colors c
low reflectivity that blend with the surrounding area. White and/or galvanized reflective roofs
shall not be permitted. Owner shall submit paint chip samples to the said committee prior to
application of exterior finish.
8. No fences shall be constructed along or adjacent to the boundary or lot line of any Site
without the prior approval of the Design Review Committee unless in conformance with the
design standards previously approved by the Design Review Committee. Privacy fences, securii
fences, and fences for screening purposed shall also be approved by the Design Review
Committee.
9. Except as may be specifically approved by the Design Control Committee, all structures
constructed or place on any Lot shall be constructed with new materials, and no used structure
may be relocated or placed on any Lot. Exterior materials shall be materials that harmonize witl
the natural landscape, and will withstand the climatic changes, and may include wood, stone,
brick, aluminum siding and stucco. Galvanized metal siding is not allowed in the Subdivision.
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10. No building materials shall be stored on any Site except temporily during continuous
construction of an Improvement.
11 . Proposed building envelopes will be provided to the Design Control Committee by Declara
with the intent of optimizing spacing, view of the mountains, and elevation relative to the septic
absorption fields. Variances from the proposed building envelop requires written approval from
the Design Control Committe prior to plan submittal.
(b) Commencing and Finishing Construction. Once construction of an improvement
is commence on any Lot, it must be diligently continued and completed in accordance with the
properly approved plans and specifications withing twelve ( 12) months of commencement, or
such other times as the Design Control Comittee may reasonable determine is required due to tI
nature of the project or other factors. Commencement of consturction occurs with the first sub-
stantial construction activity (including earthwork), and in any event will be deemed to have oc
ccurred when any portion of the foundation is poured.
(c) Restriction on Antennae, Pipes, Utility Lines and Transmitters. Pipes for water,
gas, sewer (future), drainage, or other purposes, and wires, poles, aerials, antennae, satellite
dishes and other facilities for the transmission or reception of audio or visual signals or
electricity, and utility meters or utility facilities shall be kept and maintained, to the extent
reasonably possible, underground or within and enclosed structure. No exterior radio antenna,
television antenna, or other antenna of any type shall be erected or maintained in the Communit
Area. Exceptions to these restrictions must be approved by the Declarant or the Design Review
Committee, and in any case approved in writing by the Association.
3 .4 MAINTENANCE
(a) Restoration in the Event of Damage or Destruction In the event of damage or
destruction of any Improvement on any Site, the Owner thereof shall cause the damaged or de-
stroyed Improvement to be restored or replaced to its original condition or such condition as
may be approved in writing by the Design Review Committee, or the Owner shall cause the
damaged or destroyed Improvement to be demolished as the site to be suitably landscaped, sub-
ject to the approval of the Design Review Committee, so as to present a pleasing and attractive
appearance.
(b) Community Area Association Requirements. The Association is required to main-
tain the storm drainage retention area within the easement shown on Lot 6 on the Final Plat. Th
is to include keeping the area free of debris, mowed, and maintained as originally installed. Lik
wise, the Association is required to maintain in good repair the school shelter and Subdivision
identification name sign on the easement shown on Lot I on the Final Plat. The Association
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will budget for and collect assessments to defray any expenses incurred.
Article IV
ENVIRONMENTAL CONTROL
Tlhe purpose of Design Standards and the Design Review Committee's review of con-
struction plans is not to develop a look-a-like community, but to ensure that designs are com-
patible with the character and goals of the Subdivision. The provisions contained in this Article
attempt to achieve these goals.
4.1 Building Approval. No improvement or structure can be commenced, erected, placed
moved onto a Lot, permitted to remain on any Lot or altered in any way so as to materially
change the previously existing exterior appearances of the Lot and its improvements, except in
accordance with plans, specifications and other information submitted to the Design Review
Committee and approved by said committee no more than one year before start of the
construction, alteration or installation.
4.2 Design Review Committee Membership. The board shall appoint a three member
committee of Owners and/or Board Members with a minimum of three signatures required for
approval of any submitted architectural plans. Members shall not be entitled to compensation fc
services rendered as members of the committee. The Design Review Committee shall serve
under the Board Rules and Regulations and any person adversely afftected by said committee's
decision may appeal to the Board pursuant to Rules and Regulations.
4.3 Submittal Requirements. No structure or improvements of any kind shall be erecte
altered, place or maintained with the Subdivision unless and until the final plans, elevations, an
specifications have received such written approval as is required by these Covenants. All
improvements must be constructed in accordance with the final plans previously approved. An)
material changes or modifications to these plans must also be approved by the Design Control
Committee. All plans must comply with the submittal standards and procedures contained in th
applicable Design Guidelines, which shall include the following:
(a) Association and water tap fees must be paid in full prior to filing plans;
(b) Two copies of plans or specifications must be submitted to the Design Control Commit
at the office of the Association by hand delivery or certified mail ;
(c) The applicant shall submit to said committee two complete sets of the final plans and
specifications. All such final plans shall include plot plans showing the location of the Lot of
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all improvements proposed to be constructed or placed on the Lot, and shall further include
elevations and square footage, together with the proposed color schemes and type of roof and
exteriors thereof, indicating the materials for same; and
(d) The building plans must be approved by Weld County Building Department and by the
Design Control Committee.
4.4 Approval Standards.
(a) General. In granting or withholding approval, the Committe shall consider among other
things: the adequacy of the materials for their intended use, the harmonization of the external
appearance with the surrondings, the proper relation of the structure or covering to the approved
building area on the lot, the environment and surrounding uses, the minimization of disturbance
to slopes and natural vegetation, and the degree, if any, to which the proposed structure or
covering will cause intrusions of sound, light or other effect on neighboring sites those reasonabb
to be expected in a quality are from considerate neighbors. The Design Standards for each area of
the Subdivision may contain additional approval standards applicable to the areas involved. Said
committee shall have the right to disapprove any plans, specifications or details submitted to it if
it determines the proposed improvement is not consistent with the above standards; if the plans
and specifications submitted are incomplete; or if said committee deems the plans, specifications
or details, or any part thereof, to be contrary to the interest, welfare or rights of all or any part of
the Subdivision, or the Owners thereof.
(b) Miscellaneous Structures. The Design Review Committe shall have the authority to
establish regulations as to the materials, height and size requirements for all other types of out-
buildings and structures, including fences, walls, copings, etc..
4.5 Approval Process. The Design Review Committee shall aprove or disapprove plans,
specifications and details within thirty (30) days from the receipt of the two complete sets of
final plans and specifications. One set of these plans and specifications and details with the
approval or disapproval endorsed thereon shall be returned to the person submitting them and
the other copy thereof shall be retained by said committee. In the event that said committee shall
fail to approve or disapprove the plans, specifications and other information within the applicabli
time after actual receipt thereof by said committee, then such approval shall be considered
granted, provided, however, that notwithstanding the apporval of the plans, no structure, building
or other improvemen shall be installed, erected, painted, textured, altered, or modified that
violates any of the restrictions contained in the recorded Covenants.
4.6 Variances. Except as specifically limted in Section 3 .3 herein, the Board of Directors
shall have the authority to grant for a Lot a variance from the terms of one or more of the
sections of these Covenants, subject to terms and conditions which may be fixed by the Board
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and will not be contrary to the interests of owners and residents of the area involved, where,
owing to exceptional and extraordinary circumstances, literal enforcement sections will result
in unnecessary hardship. The following provisions apply to an application for a variance:
(a) Time to Act. The Board of Directors shall, within thirty (30) days after the request for
the variance is delivered, determine whether to grant or deny the variance. If the Board fails to
act on the request for a variance within the thirty (30 day period, the variance will be deemed to
have been denied.
(b) Effect of Variance. A variance granted hereunder shall run with th Lot for which it is
granted.
(c) Denial. If a variance is denied, another application for a similar variance for the sam
Lot my not be made for a period of one year after submittal of the original request. Except if the
board fails to act upon the request within 30 days.
4.7 Inspection of Construction. The Design Review Committee reserves the right to
inspect the progress of building construction of said buildings. If deviations from the approved
plans are noted during the inspection, said committee may require submission of amended plan≤
for approval or may require the Owner to correct the unapproved changes to conform to the
approved plans.
4.8 Liability of the Committee. Neither the Association, Design Control Committee, or
any architect, engineer, or agent thereof, shall be responsible in any way for any defects in any
plans or specifications submitted, reviewed or approved in accordance with the foregoing pro-
visions, or for any structural or defects in any work done according to such plans and specifi-
cations, nor shall any member thereof be liable to the Association or to any owner for any dam-
ages, loss, or prejudice suffered or claimed on account of:
(a) The approval or disapproval of any plans, drawings, and specifications whether or
they are defective;
(b) The construction or performance of improvements, whether or not pursuant to approvec
plans, drawings, and specifications; or
(c) The developmentt or manner of development of any property within the Subdivision.
Without in any way limiting the generality of the foregoing, the Design Control Committee
the Board, or any member thereof, may, but is not required to, consult with or hear any Owner
with respect to any plans, drawings, or specifications or any other proposal submitted to it.
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CO
15 of 26 R 131 .00Clerk & Recorder
Article V
MARKHAM VIEW HOMEOWNERS' ASSOCIATION, INC.
The Markham View Estates Homeowners' Association, Inc. is a Colorado nonprofit corp-
oration which is organized for the benefit of the residents and Owners of the Subdivision,
to promote community welfare, strengthen and enhance property values and operate and be
responsible for certain of the common areas.
5.1 Membership in the Association. Every person acquiring legal or equitable title to
any Lot shall automatically be a Member of the Association, subject to the requirements
imposedby these Covenants and the Articles, By-laws, rules and reegulations of the Association.
The provisions of this section 5. 1 will not apply to any persons who hold an interest in any Lot
solely as security for the performance of an obligation to pay money, such as mortgages, deeds of
trust or real estate purchase contracts, However, if any such person should, through foreclosure 01
otherwise, become the equitable or real Owner of the Lot, he or she will then be subject to all
provisions of these Covenants.
5.2 Voting Rights. Members will have one vote per Lot provided that the owner(s)'
membership is in good standing in accordance with Section 5 .5 below.
5.3 Powers and Duties. The association will have the powers and duties set for in its
Articles, By-laws, Rules and Regulations, including the power to assess its Members, and the
duty to own, operate and maintain drainage and other facilities and provide such other communit`
services as it determines advisable, together with all other powers necessary or convenient for the
efficient performance of these functions.
5.4 Assessments.
(a) Owners, by acceptance of any deed for property with the Subdivision, whether or not it
is shall be so expressed therein, or by acceptance of any other conveyance thereof (except a
conveyance in connection with the establishment of a mortgage) shall be deemed to covenant anc
agree to pay to the Association: ( 1 ) annual assessments; (2) special assessments for capital
improvements or maintenance unforeseen thereof as oulined in the Bylaws of the Association.
The annual dues shall be levied on an annual basis as outlined in said Bylaws, and a special
assessment may be levied from time to time when and as determined by the Board of Directors of
the Association in accordance with Articles VIII and XII of said By-Laws.
(b) All assessments described above, together with such interest thereon and costs of collec-
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tion thereof as hereinafter provided, shall be a charge on the land and shall be a continuing lien
upon the property against which each such assessment is made, subject to foreclosure in
accordance with applicable law, but any such lien shall be subordinate to any valid mortgages o:
deeds of trust affecting such property. Each assessment, together with such interest thereon and
costs of collection therof shall also be the personal obligation of the person or persons who are
the Owners(s) of such property at the time when that assessment falls due, and in the event that
there is more than one Owner thereof, such obligations shall be joint and serveral.
(c) If an assessment is not paid on the date when due, then such assessment shall become
delinquent and shall become a continuing lien on the property of the then Owner, his heirs,
devisees, personal representatives, successors and assigns. The Association is hereby authorize(
to record a notice of lien in the real property records for Weld County, Colorado, against any lo'
for which dues remain delinquent,. In addition to the lien rights, it shall be the personal bligatio
of the Owner to pay such assessment and such person obligation shall continue againt the Own'
even though the Owner's interest in the property shall be transferred.
(d) If the assessment is not paid within thirty (30) days after the due date, the assessment
shall bear interest from the due date, at the rate of eighteen percent ( 18%) per annum, and the
Association may bring legal action against the Owner personally obligated to pay the same, or
foreclose the lien against the property and there shall be added to the amount of such assessmer
all cost incurred by the Association in foreclosing the lien or in collecting the amount owing,
including any reasonable attorneys' fees.
{e) The lien for unpaid Association assessments shall be junior or subordinate to any propel
recorded First Lien on any portion of the Subdivision. However, all assessments coming due afi
any holder of a First Lien acquired actual or equitable ownership of the Lot involved will
constitute an obligation of the Owner of the Lot involved, and will constitue a lien on the Lot
superior to such First Lien. The lien for Association assessments shall be superior to any
homestead exemption as may now or hereafter be provided by Colorado and federal law, and th
acceptance of a deed to any Lot shall constitue a waive of the homestead exemption for these
purposes. No sale or transfer will relieve any Lot or its Owner from liability for any assessment
or liens except that foreclosure of a First Lien will extinguish all liens on the Lots involved on
account of assessments coming due prior to the transfer of legal or equitable ownership pursuar
to such foreclosure.
5.5 Suspension of Voting Rights. The Association shall have the right to suspend votin
rights (if any) of any Member if any charge owed remains unpaid; or for any continuing violatil
of these Covenants, after the existence of the violation has been brought to the attention of the
Member in writing by the Association.
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5.6 Notice of mortgagee of default. upon written request, the holder of a First Lien shall
entitled to written notification from the Association of any default in the performance by the
' Owner of any default in the performance by the Owner of any obligation under these Covenant!
and/or the By-laws of the Associaiton which is not cured within 60 days.
5.7 Rules and Regulations. The Board may adopt Rules and Regulations to implement,
define, and set forth the architectural and other provision of these Covenants, All Owners, resi-
dents and users of the Subdivision shall comply with the Rules and Regulations. The Board's
decsions under the Covenants and Rules and Regulations shall be final, conclusive, and binding
and non-appealable, unless made in bad faith and want and willful .
Article VI
ENFORCEMENT
The Owners of record of Lots within the Subdivision and the Association are hereby desig-
nated as the only legal entities to enforce the above duly recorded Covenants of the Associatior
The restrictions and protective covenants set forth herein are accepted by every Owner, grantee
purchaser, renter and user of Lots within the Subdivision, and they agree to conform to and ob-
serve these covenants, and each Owner is responsible for the actions of their tenants of any Lot
6.1 Right to Cure:
(a) Notice and Cure Rights. If there is any violation of the provisions of these
Covenants which is not cured within 30 days after either aggrieved Owner of record or the
Association has given notice of the violation to the Owner of the Lot or Lots involved, either d
Association or the aggrieved Owner shall thereafter have the right, but not the obligation to
undertake whatever actions are reasonably necessary to remedy such violation and shall have ti
right to enter any portion of the Subdivision for the purposes of doing so. The party performing
such action shall not be liable for any losses, costs or damages to any tenant or Owner of any L.
on account of its performance of such action except for any such loss, cost or damage caused b:
the party's gross negligence or willful! misconduct.
(b) Repayment. If the aggrieved Owner or the Association performs any work to cure a
violation under section 6. 1 (a), the Association will submit to the Owner of the Lot or Lots upol
which or for whose benefit such work was performed a written statement of the reasonable cost
incurred by aggrieved Owner or the Association in performing the work and each Lot's share o:
these costs (if more than one Lot is involved). Thes costs shall be a personal obligation of the
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Owner involved and will be paid to the Association withing 20 days after receipt of such notice
If the work was performed by the aggrieved Owner, the Association may reimburse the aggrieve
Owner for its costs expended out of any funds recovered from the involved Owner.
If such costs or assessments have not been paid after expiration of this 20 day period, the
Association may thereafter record a lien against the Lot or Lots involved in the amount of all
such cosssts or assessments, together with all related costs, incurred by the Association in
collecting such costs and assessments (including reasonable attorneys' fees), in accordance
with Section 5 .4 herein.
(c) Fines. In addition to subsections (a) and (b) above, if there is any violation of the
provisions of these Covenants which is not cured with 30 days after th eAssociation has given
notice of the violation to the Owner of the Lot or Lots involved, the Association shall thereafter
have the right, but not the obligation, to impose reasonable fines upon any person or persons
determined by the Board, in its reasonable discretion, who have violated the recorded Covenant
the By-laws, or the Rules and Regulation of the Association; such fines may be levied and
collected, pursuant to the Colorado Common Interest Ownership Act and other law and statues,
after the alleged violator is given notice and an opportunity to be heard before the Board. The
association shall adopt a fine schedule and publish said schedule to Owners subject to these
Covenants, Fines will be assessed starting at $50.00, and may be included as part of an
assessment lien pursuant to Section 5.4 herein.
6.2 Notices. Notices, approval, consents, applications and other action provided for or
contemplated by these Covenants shall be in writing and shall be signed on behalf of the party
who originates the notice, approval, consent, applications or other action. Any such writing,
including, but not limited to , any communication from the Design Review Committee or the
Association to an Owner, shall be sufficiently served if delivered by mail, or otherwise; (a) to tl
dwelling situated on the Lot owned by that Owner, if such dwelling is regularly occupied by its
Owner; or (b) if there is no such dwelling, then to the address furnished by the Owner to the
Board, and if the Owner has not furnished an address, then to the most recent address of which
the Association has a record. Notices from the Association will be deemed delivered upon actu<
receipt by the party involved.
6.3 Remedies. As violations of these Covenants will not be adequately compensated fo:
by remedies at law, the Association or any Owner or tenant of a Lot shall have the right to obtE
from any court of competent jurisdiction injunctive relief against any Owner or tenant of any
portion of the Subdivision, or any of their agents, contractors or assigns, enjoining any activity
which is in violation of these Covenants. If any such action is brought by the Association, it sht
not be required to post any bond as a condition to the granting of any such injunctive relief
(including a preliminary injunction or temporary restraining order), nor shall the Association's
right to such injunctive relief be affected by any arbitration provisions in any contract executed
such Owner, tenant or their agents. All rights and remedies set forth hereinabove shall be in
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3470752 04/23/2007 DOO.OOP StevedMorena' CO
Cierk & Recorder
19 of 26 R 131 .00
addition to, and not in lieu of, any other rights and remedies which any party may have in the
event of a violation of these Covenants, all such rights and remedies shall be cumulative, and the
exercise of any of the others. If the Association prevails in any dispute or litigation involving
enforcement of these Covenants, all reasonable cost incurred by them (including expert witness
fees and attorneys' fees) shall be awarded as additional damages, and they shall also be entitled to
recover all such additional cost incurred in enforcing or collecting any judgment rendered. If such
costs are not paid with 30 days after they become due, they shall become an additional assessmen
against the Lot or Lots involved, shall be immediately due and payable and may be collected as
provided by section 5 .4 of these Covenants.
6.4 Association Resolves Questions. If any doubt or questions shall arise concerning the
true intent or meaning of any of these Covenants, the Association shall determine the proper
construction of the provision in question and shall set for in written instrument duly acknow-
ledged by the Association and filed for record with the Clerk and Recorder of Weld County,
Colorado, the meaning, efect and application of the provision. This definition will thereafter be
binding on all parties so long as it is not arbitrary or capricious.
6.5 Covenants Run With the Land. These Covenants shall run with the land and shall
inure to and be binding on each Lot and upon each person or entity hereafter acquiring owner-
ship or any right, title or interest in any Lot or any portion of the Subdivision.
6.6 Covenants are Cumulative. Each of these Covenants is cumulative and indepen-
dant and is to be construed without reference to any other provisions dealing with the same
subject matter or imposing similiar or dissimillar restrictions. A provision shall be fullly
enforceable although it may prohibit an act or omission sanctioned or permitted by another
provision.
6.7 Waivers. Except as these Covenants may be amended or terminated in the manner
hereinafter set forth, they may not be waived, modified or terminated, and a failure to elnforce
shall not constitute a wairver or impair the effectiveness or enforceability of these Covenants.
Every person bound by these Covenants is deemed to recognize and agree that is is not the
intent of these Covenants to require constant, hard or literal enforcement of them as requisite of
their continuing vitality and the leniency or neglect in their enforcement shall not in any way
invalidate these Covenants or any part of them, nor operate as in impediment to their subsequent
enforcement and each such person agrees not to plead as a defense any civil action to enforce
these Covenants that these Covenants have been waived or impaired or otherwise invalidated by
a previous failur or neglect to enforce them.
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Article VII
DECLARANTS RIGHTS AND RESERVATIONS
7.1 Declarant's Rights to Use Association Properties in Promotion and Marketing of
Community Area. Declarant shall have the right to reasonable use of the Association Property
for the promotion and marketing of Declarant's Lots- within the Community Area. Declarant ma:
erect and maintain on Association properties such signs, temporary buildings, and other struct-
ures as Declarant may reasonably deem necessary and proper in connection with this promotion
and marketing of Declarant's property in the Community Area; may use vehicles and equipment
on Association Properties for promotional purposes; may permit prospective purchasers of
property, in reasonable numbers, within the boundaries of the Community Area who are not
Owners or Members of the Association, and may refer to the Association Properties and ser-
vices in connection with the development, promotion and marketing of property within the
boundaries of the Community Area.
7.2 Declarant's Rights to Grant and Create Easements. Declarant shall have and hereby
reserves the right to grant or create temporary or permanent easements for access, utilities,
drainage, wat, and other purposes incident to the development and sale of the Community Area
located in, on , under, over, and across (a) Sites owned by Declarant, and (b) Association
Properties.
Article VIII
GENERAL PROVISIONS
8.1 Duration. Unless sooner terminated, the restrictions and other provisions set forth
in these Covenants shall remain in force until the year 2026 and shall be automatically renewed
for sucessive periods of ten years unless before the year 2026 or before the end of any ten-year
extension, there is filed for record with the Clerk and Recorder of Weld County, Colorado an
instrument stating that extension is not desired, signed and acknowledged by the Owners of a
majority of the Lots within the Subdivision. Termination or non-renewal of these Covenants
which have the effect of relieving Owners from the duty to maintain Common Elements will
require the written consent from the Board of County Commissioners of Weld County, Colorad
8.2 Amendment and Extensions. From time to time any one section of these Covenant
may be amended or a new section may be added to these Covenants by an instrument signed an
acknowledged by the holders of sixty-seven (67%) of the votes of Members of the Association,
and filed for record with the Clerk and Recorder of Weld County, Colorado. Any Owner who
desires to call an election for the purpose of amending or suspending all or any part of these
Covenants, in accrdance with the foregoing provisions, shall request such election by written
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notice to the Association and all record owners of lots within the Subdivision at least four montl
before the election is to be held. Prior to calling the election, the Owner must obtain written
• approval from the Board of County Commisioners of Weld County for any amendment or
suspension or any part, or all, of the Covenants which purport to relieve the Owners from the du
to maintain Common Elements.
8.3 Early Termination. All sections of these Covenants may be terminated at any time by
an instrument signed and acknowledged by the holders of at least five-sixths of the votes of
Members of the Association. Any such termination will be filed for record with the Clerk and
Recorder of Weld County, Colorado. Early termination shall require written consent of the
Board of County Commisioners or Weld County, Colorado.
8.4 Effect of Amendments on First Liens. No amendment of the Covenants will in any
way affect the priority of any First Lien acquiring actual or equitable ownership of the Lot
involved, that Lot will be fully subject to such amendment.
8.5 Liability and Indemnity of Employees. No member of the Committe, nor any officer
or director of the Association, or any of their employees or agents, shall be personally liable to
the Association, its Members, or any other person, for any act or omission taken pursuant to the
covenants, unless said act or omission is the reqult of bad faith, fraud or willful misconduct, or
cannot be exclude by virture of the Colorado Revised Non-Profit Corporation Act.
8.6 Indemnity. Each Officer, Director, Committee Member, and Volunteer of the
Association, now or hereinafter serving in any capacity, shall be imdemnified by the Associatiol
against any an all claims and liabilities to which she or he has or shall become subject by reason
of sewing or having served in any capacity or by reason of any action alleged to have been take:
omitted or neglected by him or her in any such capacity, to the fullest extent allowable by law ai
statute, including without limitation, Colorado Revised Nonprofit Corporation Act and C.R.S
$ 7-22- 101 .5 . The right of indemnificaiton herein provided shall not be exclusive of any rights t
which any Director, Officer, Committee Member and volunteer of the Association; may be
otherwise entitled by law or statute, provided however, this indemnificaiton shall not reduce or
impair any insurance coverage.
8.7 Severability. If any of these covenants shall be held invalid or become unenforceable,
the other Covenants shall not be affected or impaired but shall remain in full force and effect.
8.8 Captions. The captions used herein are used for convenience only and are not in-
tended to be a part of this Declaration or in any way define, limit or describe the scope and intet
of the particular article or section to which they refer.
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•
IN WITNESS WHEREOF, the Association has caused its corporate name to be hereunto
subscribed by its President and Board of Directors.
Dated this / ' ` ' day of / e*j, / , 2006.
$LiI3 ,/ ( •. ,_,i(' ii. ,
Harvey`;�R.. M rkham, S ,President
The forgoing instrument was acknowledged before me this19 day of Mx , 20 O, by
V\ t 119, &MS .
g g
Witness my hand and official seal.
ublic
My commission expires: 5/31frA
♦ i ♦ si .. --- -- -- -- -- •
Notary Public I
State of of Colorado A
S
JI-0 Fi /7/ /f oi-e0I
Olgati. M rkham, Vice-President
The forgoing
was acknowledged before me this day of ifljt , 20 067, by
g g instrument g
)44, 11, barns .
Witness my hand and official seal.
tary Public
My commission expires: 31/49
KELLEY MRCS
t Notary Public
4 State of Cokxado
4
III! . ♦ •
1111 11111111111111111111 UI 1111 111111
3470752 04/23/20073 D 0.00p Steve Moreno Clerk & Recorder
23 of 26 R 1
1 ll ��,, � / f
'via
Harvey Riklarkham Jr. , Secretary/Treasurer
The forgoinginstrument
was acknowledged before me this _ I 9 day of got , 200(0, by
taias
Witness my hand and official seal.
/
N ary Public
My commission expires : 3
109
loasbasshadhandsmadbe
Notary Public
Male of Colorado
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3470752 Q412312U7 0 0.00 SP eve Moreno Clerk & Recorder!
CO
24 of 26 R 131 .00 D
Easements:
1 . As shown on the Final Plat, each Lot is encumbered by a fifteen (15) foot utility
easement to allow electrical, phone, fire protection and water services.That ease-
ment begins at the Northwest intersection of the state highway rights of way for
Hangis Court and Colorado Highway 56, then continues South along the
right-of-way to the cul-de-sac, encircles the cul-de-sac right of way, then con-
tinues North along the right of way to the Northeast intersection of the rights
of way for Colorado Highway 56 and Hangis Court. In addition, Lots 1 and 2,
as well as Lots 5 and 6 have a fifteen foot easement along the East and west
boundaries respectively to allow future installation of public sewer service and
natural gas service as it becomes available.
2. Lot 1 has an easement which allows a school shelter to be made available for the
use of the homeowners.
3 . Lot 6 has as easement along the northeast corner for the stormwater retention pond
such that the pond can be maintained by the homeowners association.
4. Lot 3 and 4 have an easement along the South boundary in favor of Handy Ditch
Company and Maclntyre Lateral Ditch Company should maintainence be required.
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Exhibit A.
Legal Description
All of Lot B, Recorded Exemption No. 1467- 19-1 RE-3667 being a portion of the North
1/2 of the Northeast 1 /4 of Section 19, Township 4 North, Range 68 West of the 6th
Principal Meridian in the County of Weld, State of Colorado, more particularly described
as follows:
Considering the East line of the Lot B, Recorded Exemption No. 1467- 19-1 RE-3667 as
bearing N 00'26'44" W and with all bearings contained herein relative thereto:
BEGIN at the Northeast corner of Lot B, Recorded Exemption No. 1467- 19- 1 RE-3667;
thence run S 88'3 P53" W along the North line of said Lot B for a distance of 317.98 feet
to the East line of Lot A, said Recorded Exemption;
thence leaving said North line run S 00'31 '43 " E along said East line for a distance of
316.98 feet to the South line of said Lot A;
thence leaving said East line run S 88'32'53 " W along said South line for a distance of
342.90 feet to the West line of the aforesaid Lot B;
thence leaving said South line run S 00'24'29 E along said West line for a distance of
928.34 feet to the South line of said Lot B;
thence leaving said West line run N 88'43' 11 " E along said South line for distance of
660.99 feet to the East line of said Lot B;
thence leaving said South line run N 00'26'44" W along East line for a distance of 1247.49
feet to the POINT OF BEGINNING.
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Exhibit B - Right to Farm Covenant
Weld county is one of the most productive agricultural counties in the United States.
The rural areas of Weld County may be open and spacious but they are intensively
used for agriculture. Persons moving into a rural area must recognize there are
drawbacks, including conflicts with long-standing agricultural practices and a lower
level of services than in town.
Agricultural users of the land should not be expected to change their long-establislhed
agricultural practices to accomodate the intrusions of urban users in to rural area. Well
run agricultural activities can generate off-site inmpacts, including noise from tractors and
equimpment; dust from animal pens, field work, havest, and gravel roads; odor form animal
confinement, silage, and manure; smoke form ditch burning; flies and
mosquitoes; the use of pesticides and fertilizers in the fields, including the use of aerial
spraying. Ditches and reservoirs cannot simply be moved "out of the way" of residential
development without threatening the efficient delivery of irrigation to fields which is
essential to farm production.
Weld County covers a land area of over 4000 square miles in size (twice the State of
Delaware) with more than 3,700 miles of state and county roads outside municipalities.
The sheer magnitude of the area to be served stretches available resources. Law en-
forcement is based on responses to complaints more than on patrols of the county and the
distances which must be traveled may delal all emergency responses, including law
enforcemtn, ambulance, and fire. Fire protection is usually provided by volunteers who
must leave their jobs and families to respond to emergencies. County gravel roads, no
matter how often they are bladed, will not provide the same kind of surface expected from a
paved road. Snow removal priorities mean that roads from subdivisions to arterials may not
be cleared for several days after a major snowstorm. Snow removal for roads with
subdivisions are of the lowest priority for publice works or may be the private responsi-
bility of the homeowners. Services in rural areas, in may cases, will not be equivalent to
municipal services.
Children are exposed to different hazards in the county than in an urban or suburban
setting. Farm equipment and and oil field equipment, ponds, and irrigation ditches,
electrical power for pumps and center pivot operations,k high speed traffic, sand burs,
puncture vines, territorial farm dogs, and livestock present real threats to children.
Controlling children's activites is important, not only for their safety, but also for the
protection of the farmer's livelihood.
Parents are responsible for their children.
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