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PLANNED UNIT DEVELOPMENT (PUD) FINAL PLAT APPLICATION
FOR PLANNING DEPARTMENT USE DATE RECEIVED: ____
RECEIPT#/AMOUNT # __ ---/$ - ___ CASE #ASSIGNED: ________
APPLICATION RECEIVED BY______- ___ PLANNER ASSIGNED: --- ___
Parcel Number 0 553 - 32. - 0 - 00 0 3 8
(12 digit number-found on Tax I.D.information,obtainable at the Weld County Assessor's Office,or www.co.weld.co.us).
(Include all lots being included in the application area, If additional space is required,attach an additional sheet)
Legal Description Wig-,
_ ___, Section 32, Township $ North, Range Vest
Property Address(If Applicable)-- W ig -S1UJ _
Existing Zone District : A Proposed Zone DistrictrEAV TotalAcreage• I4.Proposed #/Lots__f_— }.�
Average Lot Size: Y_ .'l Minimum Lot Size:--Z. 4' r n Proposed Subdivision Name:7o f 147
Proposed Area (Acres) Open Space: -j ALYeS_—
Are you applying for Conceptual or Specific Guide? Conceptual-- Specific_X_----
FEE OWNER(S) OF THE PROPERTY (If additional space is required,attach an additional sheet)
Name: M ,I vi t,
Work Phone
me�#nq11�0 _Home Phone# A Email Address ] '�r Chit? �.Qm
Address: 22% fa`r_thL COI IP ate. AQ-ennWZ __--
�-- City/State/Zip Code __E1 1 _(. it ,_J op _ —__—
A P PL CA N TTOR AUTHORIZED AGENT (See Below:Authorization must accompany applications signed by Authorized Agent)
Name: 1V/1A I I ¶OrrC1&Y'SO►I �1 I_ 1
Work Phone #6110 _ ome Phone#tlae7- 5J Email Address 14.4k-a.l e i _ar hi+ Y�•COV
Address: � jy-- i (AII e, A.i ---
City/State/Zip Code f_QV1— CoCOllivisf, c(7__ .z4_
UTILITIES: Water: _ �v, __yyelk 146ti&Y _DI Shi
Sewer: -- _
Gas: ______
Electric:__
Phone: _
-------------
DISTRICTS: School: __Akc t
Fire: to -r,
Post: __Aud ----- ---
I(We)hereby depose and state under penalties of perjury that all statements,proposals,and/or plans submitted with or contained
within the application are true and correct to the best of my(our)knowledge. Signatures of all fee owners of property must sign
this application. If an Authorized Agent signs,a letter of authorization from all fee owners must be included with the application.
If a corporation is the fee owner, notarized evidence must be included indicating the signatory has the legal authority to sign for
the corporation. I (we), the undersigned, hereby request the Department of Planning Services to review this PUD Final Plat or
request hearings before the Weld County Planning Commission and the Board of County Commissioners concerning the PUD
Final Plat for the a e e u rated area of Weld County, Colorado:
ignature: Owner or u - J
orized Agent Date Signature: Owner or Authorized Agent Date
Colorado Geological Survey Application/Fees
All Plans submitted for review shall be accompanied with a geology report containing information on the specific items
herein. This report will be reviewed by agencies to evaluate the area being subdivided or developed. EXHIBIT
2006-1403 1
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Final Plat Questionnaire
Final Plat Submittal
Torgerson P.U.D. PZ-1066
1-24-2006
Per section 27-7-30.O of the Weld County Code, "A statement indicating that the proposed PUD
final plan is in compliance and meets all criteria as set forth in the change of zone. The
statement should demonstrate a detailed description of the uses on site and demonstrate how the
development guide has been followed and adhered to."
The Torgerson PUD is a 9 lot residential development located in rural Weld County on County
Road 89 and near County road 29. The proposal of this development has not changed since
previous submittal. The developer is still proposing a large amount of open space, some on each
edge of the property to help buffer from existing uses. Additional specifics as well as how the
Specific Development Guide as submitted in the Change of Zone Application for this
development(as submitted 5/11/05)has been adhered to are discussed below.
• Environmental Impacts: The historic use of this property has been agricultural and has
for the past several years been vacant dryland grasses. Therefore,the developer proposes
to limit the impacts of the new 9 lots by placing the restriction on the homeowners(as
stated in the covenants)that the majority of the property is to remain dryland grasses.
Additionally,the historic drainage of the site will remain virtually unchanged, with the
exception of a detention pond on the northeast corner of the site. The detention pond will
collect any additional flows from the property as a result of the development and
discharge them at the same historic rate in a similar way to the drainage patterns prior to
development.
• Service Provision Impacts:
o Schools: The Torgerson PUD is still proposing 9 lots and the developer is still
assuming an average of 2.25 to 4.5 elementary school students, 1.8 to 4.5 junior
high school students and 1.8 to 4.5 senior high school students as a result of this
development. Weld RE-9 School District is requiring an in-lieu of fee of
$6,831.00, which will be paid prior to recording the Final Plat for this
development application(refer to specific comment responses below). Also,the
proposed school bus pull-off and turn-around have been approved by the Ault
School District.
o Fire, Law Enforcement,Ambulance, Roadways: As stated in the Change of Zone
Application, all 9 lots will be directly assessable from County Road 86 via the
proposed Torgerson Way. Additional comments from these agencies are
addressed below.
o Transportation,Traffic Impact Analysis: The developer acknowledges Weld
County Public Works assessment that the proposed development will create 86
additional vehicle trips per day and that a fee may be assessed per lot to offset
fugitive dust and surface maintenance problems. Per comments from Public
Works during the Change of Zone application,the requested off-site agreement
and plausible traffic route are included in this submittal (refer to responses to
specific comments below).
o Storm Drainage: Historic drainage patterns on site will remain substantially
unchanged due to this development. Refer to the Final Drainage Report, the
Typical Lot Grading Detail and the Final Drainage construction and Erosion
Control Plans as included in this submittal for additional information.
o Utility Provisions: The developer has begun negations with Poudre Valley REA
and Qwest to coordinate installation of phone and electric service to the
development. Cable has a service line to the Griffith PUD which is just a few
hundred feet to the west of the Torgerson PUD, and should not be a problem to
extend it to serve this development. Propane tanks on individual lots will provide
gas service.
o Water Provisions: An agreement has been reached with North Weld Water
District to serve this development from an existing 4"water line located in
County Road 86. (See attached) The existing well on site is not proposed to be
used as a part of this development,but to be sold with lot 9 (on which it is
situated) for the homeowner's private use as restricted by the well permit.
o Sewage Disposal Provisions: Each lot will have individual septic systems.
Primary and secondary absorption field envelopes are shown on the plat. Refer
to additional comments below.
o Structural Road Improvements Plan: Torgerson Way is intended to be a public
gravel cul-de-sac and will comply with current Weld County Standards(refer to
responses to specific comments below).
• Landscaping Elements: As was proposed in the Change of Zone Application, the
development will remain as dryland grasses in all undisturbed areas. To achieve this,
restrictions will be placed on the homeowners in the covenants restricting their landscaping
activities. All individual lot landscaping will be watered with the lot's residential water tap.
The only landscaping proposed at this stage of development is two Austrian pine trees at the
entrance and several buffalo juniper bushes around the monument sign(which will all be
maintained by the Homeowner's Association).
• Site Design: The property is currently 77.912 acres in size and is proposed to be divided into
9 residential lots varying in size from 2.41 to 5.45 acres with a common open space area of
28.34 acres. There is an existing well on the property that is not proposed to be used as a part
of this development, but to be sold with lot 9(on which it is situated) for the homeowner's
private use as restricted by the well permit. The Pierce Lateral is near the eastern property
line of the existing property, but does not and will not serve the site. The developer stated in
the Change of Zone Application that this project is consistent with the goals and policies of
Chapter 22 of the Weld County Code. As no significant changes have been made to the
project since that submittal (5/11/05),the developer feels that is still the case. It is important
to note that the property is not located within a Flood Hazard, Geologic Hazard or Airport
Overlay District.
• Common Open Space Usage: The design of the common open space has not changed since
the Change of Zone Application. The northern approximately 23 acres of the property is
devoted to a common open space area. There is a strip of land 25' in width along the west
and east edges of the property that will be part of this common open space, and will act as a
bridle path, linking each lot to the common open space. Also, there is approximately a 125'
deep strip of open space between the lots and the adjacent County Road 86 right-of-way,
which also connects to the bridle paths. All common open space will be owned and
maintained by the Homeowner's Association.
• Proposed Signage: As stated in the Change of Zone Application, both a street name and a
stop sign are proposed as part of this development. A monument/entrance sign per comments
from the Weld County Sheriffs Department has been added (refer to responses to specific
comments below).
• MUD Impacts: The proposed PUD is not within a Mixed Use Development or Urban
Development Node.
• Intergovernmental Agreement Impacts: The site is not within any intergovernmental
agreement areas.
Responses to specific agencies comments:
Weld County Sheriff's Office
1. The Sheriff's Office requested that the developer designate an area with shelter by the
entrance of the subdivision for school children awaiting the bus. As previously
mentioned,this proposed bus pull-off and turn-around area(which includes a shelter)has
been submitted to and approved by the Ault School District. Refer to submitted drawings
for additional detail.
2. A centralized mail delivery area has been added at the entrance of the subdivision, so
residents do not have to cross a County Road to retrieve their mail. Lee Giffin of the
Pierce postal district has reviewed and accepted the area as proposed.
3. A permanent sign has been added(subject to all requirements of the Weld County Code
regarding signage)to the landscape median at the entrance of the subdivision. The sign
will include both the name of the development and the requested graphic representation
of all internal roadways. Sign maintenance is to be covered by the Homeowners
Association as stated in the covenants.
4. The Homeowners Association will privately maintain Torgerson Way, but will it be
public R.O.W. The developer will make homeowners aware of the possibility of limited
traffic enforcement by the Weld County Sheriff's Department.
5. The road will be maintained in such a way that it is passable by any and all passenger
vehicles and emergency vehicles.
6. Acknowledged.
7. There are no oil or gas production facilities within the development.
1. The proposed addressing for this development, as provided by Weld County Building
Inspection is included in this submittal. The only variation from what was suggested by
Lin Dodge in that department is that due to Weld County Ordinance 2003-6, Section 2-
13-70-H limits north-south cul-de-sacs be identified as"Way". Therefore,the proposed
street within the Torgerson PUD has been changed from Torgerson Drive to Torgerson
Way.
Weld RE-9 School District
1. The developer acknowledges that an in-lieu of fee of$6,831.00 is required. This will be
paid prior to recording the Final Plat.
West Greeley Conservation District
1. The developer acknowledges that an on-site soils test is recommended prior to any
construction.
Office of the State of Colorado Engineer
1. The final agreement with North Weld Water is attached,
2. The developer acknowledges that due to restrictions placed on the existing well permit
(#224564), no other permits can be issued without an approved augmentation plan. The
existing well will not be used to supply water to the development and will be sold to the
homeowner of lot 9 for their private use as restricted by the well permit.
Weld County Public Works
1. A 60' right-of-way for County Road 86 will be dedicated on the Final Plat.
2. The developer acknowledges that 86 additional vehicle trips per day will be introduced to
the off-site roadway system as a result of this development.
3. The developer proposes CR86 to CR29 as a plausible traffic route to the nearest paved
roadway. Also, a proposed off-site agreement is included in this submittal.
4. Torgerson Way will be designed to comply with all applicable requirements of the Weld
County Code.
5. A waiver has been granted by the department of Public Works as it relates to paving
Torgerson Way.
6. Easements have been shown on the Final Plat as required by Weld County Code.
7. Sight distance triangles have been added to the Landscape Plan. The only landscaping
proposed within these areas is dryland grasses,which will be less than 3.5' tall at
maturity.
8. The requested roadway/construction and grading plans have been included in this
submittal.
9. The Improvements Agreements have been included in this submittal.
10. Acknowledged
11. The Final Drainage Report has been included in this submittal.
12. The requested detail of typical lot grading has been included in this submittal.
13. The requested Final drainage construction and erosion control plans have been included
in this submittal.
Weld County Department of Public Health and Environment
1. The final agreement with North Weld Water District is included in this submittal.
2. The existing well is now identified on the plat. It is not proposed to be used as a part of
this development, but to be sold with lot 9(on which it is situated)for the homeowner's
private use as restricted by the well permit.
3. Each homeowner will be responsible for obtaining the necessary engineering for their
individual septic system, which will be designed to comply with all relevant sections of
Weld County Code. Installation of each system will be at the time of construction of
each residence.
4. As requested,two absorption field envelopes (a primary and a secondary)that meet all
setback requirements (both from the nearby Pierce Lateral and the existing well)have
been designed on each lot and included on the plat.
5. Additionally, wording has been added to the covenants to preserve these envelopes.
Debbie Blandin in the Weld County Department of Public Health and Environment in
November reviewed and approved this proposed language. (See attached e-mail.)
6. Because we do not anticipate disturbing more than one acre at any one time,we do not
anticipate the need for a storm water discharge permit.
7. The developer acknowledges that if nuisance conditions are created as a result of the
construction of this development, a fugitive dust control plan may be requested by the
Weld County Health Department.
8. During the construction of this development, it is not anticipated that more than 5 acres of
land will be disturbed. However, if necessary, the developer will utilize all practical
methods to minimize dust emissions.
9. The developer acknowledges that if a 25-acre contiguous disturbance or exceeds 6
months in duration, a fugitive dust control plan, an air pollution emissions notice and a
permit from the Colorado Department of Public Health and Environment will be required
of the responsible party.
10. Weld County's Right to Farm has been placed on the final plat as requested.
Weld County Department of Planning Services, Building Inspection
2. The developer acknowledges that separate building permits will be obtained prior to
construction of any structure, including the proposed monument sign.
3. For any building for which a separate permit is required, floor plans will be submitted for
plan review. This will be the responsibility of each individual homeowner.
4. It will be the responsibility of each individual homeowner that future buildings will
conform to all applicable codes, as adopted by Weld County at the time of submittal for
building permit.
5. Each homeowner will be responsible for obtaining the necessary engineering for their
foundation based on individual Geotechnical reports or inspections by a register engineer.
6. Future residential buildings will comply with all specific construction and zoning
requirements as reviewed at plan review. This will be the responsibility of each
individual homeowner.
7. The height of all future residential buildings will comply with applicable codes.
8. Proposed Addressing: The developer acknowledges that due to Weld County Ordinance
2003-6, Section 2-13-70-H limits north-south cul-de-sacs be identified as"Way".
Therefore,the proposed street within the Torgerson PUD has been changed from
Torgerson Drive to Torgerson Way.
Language for PUD covenants
Subject: Language for PUD covenants
From: "Debbie Blandin" <dblandin@co.weld.co.us>
Date: Wed, 16 Nov 2005 09:59:07 -0700
To: "Jeanette K. Cullup" <Jeanette@architex.com>
CC: "Trevor Jiricek" <tjiricek@co.weld.co.us>, "Pam Smith" <psmith@co.weld.co.us>
Jeanette,
The language in the covenants is sufficient to cover the comments from Pam Smith in the Resolution,
regarding preservation and protection of the absorption field envelopes.
Deb Blandin
Weld County Department of Public Health and Environment
I of 1 1/12/2006 11:35 AM
Method of Financing
Final Plat Submittal
Torgerson P.U.D. PZ-1066
1/18/2006
Per section 27-7-30.L of the Weld County Code, "The statement shall include the estimated
construction cost and proposed method of financing of the street and related facilities, water
distribution system, sewage collection system,floodplain protection, storm drainage facilities and
such other facilities as may be necessary. "
New Frontier Bank will finance the Torgerson P.U.D. This loan will cover all construction costs
associated with the development of this property, which are estimated to be $107,200.00. This
includes grading and installation of the street and shoulder/drainage ditches(Torgerson Way),
connecting to the existing North Weld Water line in County Road 86 and extending the service to
each lot's individual water taps, all necessary grading to deal with storm drainage within the
development, connection to existing service lines and installation throughout the property of both
Qwest and Poudre Valley REA(phone and electric) services, and the installation of the bridle
path at the perimeter of the development.
Sewage collection will be accomplished by septic systems on the individual lots. These septic
systems will not be installed by the developer, but rather by the individual homeowners at the
time of construction for each residential unit. Additionally, gas will be provided by individual
propane systems, which will also be financed and installed by the individual property owners at
the time of construction on their lot. Finally, each homeowner will be financially responsible for
connecting their new dwelling to the water tap as installed by the developer.
MAR-13-2006 MON 03:51 PM FAX NO. P. 01/01
Report Date: 03/13/2006 03:08PM WELD COUNTY TREASURER Page: 1
STATEMENT OF TAXES DUE
SCHEDULE NO: R8573100
ASSESSED TO:
TORGERSON MIKAL
223 N COLLEGE
FORT COLLINS, CO 80524
LEGAL DESCRIPTION:
PT SE4 32-8-66 LOT B REC EXEMPT RE-2681 (.55R1
PARCEL.: 055332000038 SITUS ADD:
TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE
2005 TAX 330,98 0.00 0.00 330.98 0.00
2005 TD1000 42.50 0.00 0.00 42.50 0.00
TOTAL TAXES 0.00
GRAND TOTAL DUE GOOD THROUGH 03/13/2006 0.00
ORIGINAL TAX BILLING FOR 2005 TAX DISTRICT 0919 -
Authority Mill Levy Amount Values Actual Assessed
WELD COUNTY 17.900 92.72 AGRICULTUR 17,890 5,180
SCHOOL DIST RE9 26.916 139.42 _
NCW WATER 1.000 5.18 TOTAL 17,890 5,180
NWC WATER 0.000 0.00 4
AULTFIFE 8.025 41.57
AIMS JUNIOR COL 6.357 32.93
WELD LIBRARY 3.281 17.00
WEST GREELEY CONSERVATION 0.417 2.16
TAXES FOR 2005 63.896 330.98
ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER
OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE
.+ CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES-AUGUST 1,
REAL PROPERTY-AUGUST 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK.
P.O. Box 458
Greeley, CO 80632
(970)353.3845 ext. 3290
WELD COUNTY TREASURER
•
Pursuant to the Weld County Subdivision Ordinance, the attached Statement(s)
of Taxes Due, issued bythe Weld County Treasurer, are evidence that, as of this date,
all property taxes, special assessments and prior tax liens currently due and payable
connected with the parcel(s)identified therein have been paid in full.
Signed• Date -3/3-/
ALISON
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Individual Information
Engineers/Land Surveyors
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Jeffrey Willis Couch
Address %TEAM ENGINEERING
3468 SHALLOW POND DR
FT COLLINS,CO 80528-7002
Phone Number (970)231-9937
License Number PE-16584
License Type Professional Engineer
License Status Active
License Method Examination
,.-. License First Issued September 28, 1979
Last Renewal Date September 01,2004
Last Expiration Date August 31,2006
Board or Program actions No actions on file
(Information about Program or Board Actions)
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1 of 1 3/14/2006 10:03 AM
FINAL DRAINAGE REPORT&PLAN
for
Torgerson P.U.D.
Southwest Quarter, Section 32, Township 8 North
Range 66 West of the 6'h Principal Meridian
(Weld County Road 86)
Prepared for:
Mikal Torgerson
223 North College Avenue
Fort Collins, CO 80524
(970)416-7431
Project Number 732.0401
Prepared by:
Jeffrey W. Couch, P.E.
TEAM Engineering
3468 Shallow Pond Dr.
Fort Collins, CO 80528-7002
_ - n
(970)231-9937 c '
I _• _ ,,_. 1
``F \9\
sc;,
January 9, 2006 `'
FINAL DRAINAGE REPORT AND PLAN
for
Torgerson P.U.D.
A. Introduction
This report is prepared as part of a P.U.D. Final Plan for Torgerson P.U.D.. The intent of
this report is to identify existing drainage patterns and determine any impacts to these patterns
which may be created by the proposed development as required by Section VII of the Weld County
Code and Urban Drainage Criteria
B. Site Description
Torgerson P.U.D. is an 80 acre agricultural tract which is proposed to be subdivided into
nine (9) single family residential acreages. The project is located along the north side of Weld
County Road 86, one-half mile west of Weld County Road 29. The parcel is legally described as
Lot B of Recorded Exemption No. 2681 located in the southeast quarter of Section 32, Township 8
North, Range 66 West of the 61h Principal Meridian, Weld County, Colorado. (See Figure 1 —
Vicinity Map.)
The cultivated and irrigated agricultural parcel is typically bare except during the growing
season. Pierce Lateral runs along the east property line. Adjacent property is agricultural on all
sides of the proposed development and single family residential structures are scattered
throughout the area.
C. Proposed Development
Torgerson P.U.D. is prepared to create nine (9) single family residential parcels on 80
acres. The lots will be established for new residential construction. A roadway (Torgerson Way)
will be constructed in the middle of the property which will provide access to the new lots. All
existing irrigation and drainage patterns will be maintained.
D. Historic Drainage
Torgerson P.U.D. is located in the middle of the drainage basin for the area. (See Figure 2
—Overall Drainage Schematic.)
The area to the east is below the property and flows away from this parcel. Areas to the
south and north are also lower than the project site and do not contribute runoff towards the
proposed development
No evidence of erosion or flooding was evident on this site or on downstream property.
E. Irrigation
The Pierce Lateral runs along the east property line which forms the easterly boundary of
this parcel. This system does not serve the project site.
F. Proposed Drainage
Because of the large size of the proposed tracts, there will be no overlot grading. The
existing land form, drainage and irrigation patterns will be maintained. Runoff in the upper basin
will be directed to a detention pond at the northeast corner of the property along existing swales.
G. Conclusions 1 Recommendations
1. No overlot grading will be required.
2. All irrigation systems will remain intact.
3. The proposed development is outside of floodways and floodplains.
4. On-site runoff will follow historic patterns.
5. Detention ponds at the northeast corner will collect runoff from the project and mitigate
flow increases by limiting discharge to a five (5)year historic rate.
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Proposed Addressing
Final Plat Submittal
Torgerson P.U.D. PZ-1066
1/18/2006
Per Resolution'from the Board of County Commissioners of Weld County, Colorado (2005-
2658, PL1791)granting the Change of Zone application subject to conditions, section 5-B "All
copies of the Final Plan application shall included a copy of the proposed addressing, as
indicated in the referral dated June 21, 2005,from the Weld County Department of Building
Inspection. The applications shall also include an interior road name that follows the
recommendations made in the same referral"
The document from Lin Dodge in the Department of Building Inspection, referred to above, is
attached. Additionally, due to Weld County Ordinance 2003-6, Section 2-13-70-H limits north-
south cul-de-sacs be identified as"Way". Therefore,the proposed street within the Torgerson
PUD has been changed from Torgerson Drive to Torgerson Way. Refer to submittal drawings.
tORGERSON MINOR SUBDIVISION Developer: Mikal Torgerson
Case # PZ-1066 (Change of Zone from Ag to PUD) Planner: Kim Ogle
PT SE4 32-8-66
ZONED PUD/ESTATE
IS NOT IN FLOOD PLAIN (0475D)
NORTH WELD COUNTY WATER DISTRICT
INDIVIDUAL SEPTIC SYSTEMS
POUDRE VALLEY REA
XCEL ENERGY
AULT FPD
AULT WELD RE ?
QWEST COMMUNICATIONS
AULT PO
9 RESIDENTIAL LOTS & OPEN SPACE
PRELIMINARY ADDRESSING
Lot 1 13575 Torgerson Drive
Lot 2 13579 Torgerson Drive
Lot 3 13583 Torgerson Drive
Lot 4 13587 Torgerson Drive
Lot 5 13591 Torgerson Drive
Lot 6 13588 Torgerson Drive
Lot 7 13584 Torgerson Drive
Lot 8 13580 Torgerson Drive
Lot 9 13576 Torgerson Drive
Lin Dodge, Building Technician
Building Department
918 10th Street
Greeley CO 80631
Phone: (970)353-6100, extension 3574
Fax: (970)304-6498
7/13/05
•
Referral Notes for PZ-1066 — Torgerson PUD
1. Weld County Code Ord. 2003.6, Section 2-13-70-H limits north-south
cul-de-sacs be identified as "Way". However, Torgerson Drive is not duplicated
in the County and if applicant does not wish to change the name of the interior
road, I have no objections.
Deed Restrictions, Covenants,
Grants of Easements or Restrictions
Final Plat Submittal
Torgerson P.U.D. PZ-1066
1/18/2006
Per section 27-7-30.G of the Weld County Code, "Copies of all deed restrictions, including those
required by the Board of County Commissioners to govern the future use of all land in the PUD,
covenants, grants of easements or restrictions to be imposed upon the use of the land, buildings
and structures. "
The Torgerson PUD development will not have any deed restrictions, grants of easements and
restrictions as identified in the above quoted section of Weld County code. The covenants for
this development, as required by the Board of County Commissioners for Weld County,
Colorado, are attached. Included in this document the following issues have been addressed as
requested:
• Restriction of livestock
• Measures to prevent overgrazing of pasture
• Maintenance of subdivision monument sign and bus shelter
Additionally, as e-mail from Lee Morrison,Assistant Weld County Attorney, stating he has
reviewed and approved the covenants, is also attached.
RE: Torgerson PUD Covenants
Subject: RE: Torgerson PUD Covenants
From: "Lee Morrison" <lmorrison@co.weld.co.us>
Date: Wed, 9 Nov 2005 11:32:56 -0700
To: "Jeanette K. Cullup" <Jeanette@architex.com>, "Kim Ogle" <kogle@co.weld.co.us>
IV 7 has a number of places where a (-) or (-) appears in middle of words. It may
be an artifact of e-mailing or conversion
Only substantive change is to ask that the Clerk's recording reception # be shown in
II 15.
Otherwise acceptable ( see attached )
Lee D. Morrison
Assistant Weld County Attorney 915 10th St. , PO
Box 758
Greeley, CO 80632
(970) 356-4000 x 4395: FAX 352 0242
This e-mail contains confidential and/or privileged information. If the reader is
not the intended recipient, please reply and delete your copy of this message. "
►»»»»»»» Original Message
►»»»»»»»From: Jeanette K. Cullup [mailto:Jeanette@architex.com]
►»»»»»»»Sent: Monday, November 07, 2005 11:54 AM
►»»»»»»»To: Lee Morrison
►»»»»»»»Subject: Torgerson PUD Covenants
►»»»»»»»Lee,
►»»»»»»»Mikal Torgerson in our office mentioned that he
0.>>>>>>>>>>>>»e-mailed this to you several weeks ago, but just in
►»»»»»»»case, I have attached another copy. As I mentioned on
►»»»»»»»the phone, this is in a time crunch for us, so if you
►»»»»»»»could have it reviewed by tomorrow, that would be very
►»»»»»»»helpful to us. You can send me any questions at this
►»»»»»»»e-mail or our telephone number is (970) 416-7431 .
►»»»»»»»Thank you,
►»»»»»»»Jeanette Cullup
►»»»»»»»M. Torgerson Architects
►»»»»»»»
Content-Description: Torgerson PUD - Covenants.doc
Torgerson PUD - Covenants.doc Content-Type: application/msword
Content-Encoding: base64
1 of 1 11/9/2005 12:09 PM
NOTICE TO CLOSING AGENTS: THIS IS A FEE-ASSESSED SUBDIVISION.
CHECK WITH THE HOMEOWNERS ASSOCIATION FOR FEE SCHEDULE.
DECLARATION OF COVENANTS,
CONDITIONS, AND RESTRICTIONS
FOR
TORGERSON P.U.D.
(a Common Interest Community)
THIS DECLARATION OF COVENANTS, CONDITIONS, AND RESTRIC-
TIONS FOR TORGERSON P.U.D. is made and entered into this day of
, 200_, by MINOR DEVELOPMENTS, LLC, a Colorado limited liability company
("the Declarant").
RECITAT S
A. The Declarant is the owner of that certain real property located in the County
of Weld, State of Colorado legally described on Exhibit "A" attached hereto and
incorporated herein by reference ("the Real Estate").
B. The Declarant desires to create a Common Interest Community on the Real
Estate, pursuant to the Colorado Common Interest Ownership Act, Section 38-33.3-101, et
seq., Colorado Revised Statutes, as it may be amended from time to time ("the Act"), in
which portions of the Real Estate will be designated for separate ownership and the
remainder of which will be owned by an Association of Lot Owners.
C. TORGERSON HOMEOWNERS ASSOCIATION (a Colorado nonprofit
corporation) has been incorporated under the laws of the State of Colorado for the purpose
of exercising the functions herein set forth.
ARTICLE I. ,SUBMISSION OF REAL ESTATE
The Declarant hereby publishes and declares that the Real Estate shall be held, sold,
conveyed, transferred, leased, subleased, and occupied subject to the following easements,
covenants, conditions, and restrictions which shall run with the Real Estate and shall be
binding upon and inure to the benefit of all parties having any right, title, or interest in the
1
Real Estate or any portion thereof; their heirs, personal representatives, successors, and
assigns. Additionally, the Declarant hereby submits the Real Estate to the provisions of the
Act. In the event the Act is repealed, the Act on the date this Declaration is recorded in the
office of the Clerk and Recorder of Weld County, Colorado, shall remain applicable.
ARTICLE II. DEFINITIONS
Section 1: "Allocated Interests" shall mean and refer to the Common Expense
Liability and votes in the Association.
Section 2: "Approval" or "Consent" shall mean securing the prior written approval
or consent as required herein before doing, making, or suffering that for which such
approval or consent is required.
Section 3: "Architectural Control Committee" shall mean and refer to the committee
established to review and approve plans for the construction of improvements on Lots as set
forth in Article IX of this Declaration.
Section 4: "Architectural Guidelines" shall mean and refer to any and all guidelines
adopted by the Architectural Control Committee pursuant to Article IX, Section 4, of this
Declaration.
Section 5: "Association" or "Lot Owners' Association" shall mean and refer to
TORGERSON HOMEOWNERS ASSOCIATION (a Colorado nonprofit corporation), its
successors and assigns, organized and existing under the laws of the State of Colorado and
specifically Section 38-33.3-301 of the Act.
Section 6: "Board" shall mean and refer to the Board of Directors of the
Association. The term "Board" as used in this Declaration shall have the same meaning as
the term "Executive Board" as used in the Act.
Section 7: "Bylaws" shall mean and refer to any instruments, however denominated,
which are adopted by the Association for the regulation and management of the
Association, including amendments to those instruments.
Section 8: "Common Elements" shall mean and refer to any real estate or real
property interests within the Common Interest Community owned by the Association, other
than a Lot, and other assets of the Association.
2
Section 9: "Common Expense Liability" shall mean and refer to the liability for
Common Expenses allocated to each Lot pursuant to this Declaration.
Section 10: "Common Expenses" shall mean and refer to expenditures made or
liabilities incurred by or on behalf of the Association, together with any allocations to
reserves. These expenses for the operation of the Common Interest Community include, but
are not limited to:
(a) Expenses of administering, maintaining, repairing, improving, insuring,
or replacing the Common Elements.
(b) Expenses declared to be Common Expenses by the Declaration.
(c) Expenses agreed upon as Common Expenses by the Association.
(d) Such reasonable reserves as may be established by the Association,
whether held in trust or by the Association, for repair, replacement, or
addition to the Common Elements or any other real or personal property
acquired or held by the Association.
Section 11: "Common Interest Community" shall mean and refer to the Real Estate
described on Exhibit "A" attached hereto and incorporated herein by reference.
Section 12: "County" shall mean and refer to the Board of County Commissioners
of Weld County, Colorado.
Section 13: "Declarant" shall mean and refer to MINOR DEVELOPMENT, LLC,
or any other Person or group of Persons acting in concert who:
(a) As a part of a common promotional plan, offer to dispose of to a
Purchaser such Declarant's interest in a Lot not previously disposed of to
a Purchaser; or
(b) Reserve or succeed to any Special Declarant Right.
Section 14: "Declaration" shall mean and refer to this Declaration, including any
amendments hereto and also including, but not limited to, plats of the Real Estate recorded
in the Clerk and Recorder's office of Weld County, Colorado.
3
Section 15: "Improvement Agreement" shall mean and refer to the Improvement
Agreement for TORGERSON P.U.D. dated , 200_, made and entered into
by and between the County, the Declarant, and the Association, and recorded in the office
of the Clerk and Recorder of Weld County, Colorado at (reception number) prior to the
recording of this Declaration.
Section 16: "Dispose" or "Disposition" shall mean and refer to a voluntary transfer
of any legal or equitable interest in a Lot, but the term does not include the transfer or
release of a security interest.
Section 17: "Documents" shall mean and refer to this Declaration, the Plat, the
Articles of Incorporation, Bylaws, Architectural Guidelines, and Rules and Regulations of
the Association, as supplemented or amended from time to time, the Improvement
Agreement.
Section 18: "Identifying Number" shall mean and refer to a symbol or address that
identifies only one (1) Lot in the Common Interest Community.
Section 19: "Insurer" shall mean and refer to any governmental agency or authority
that insures or guarantees a Mortgage and that has provided actual written notice of such
interest to the Association. Recording of a mortgage, deed of trust, or other security interest
in the office of the Clerk and Recorder of Weld County, Colorado, shall not be considered
actual written notice to the Association of a security interest.
Section 20: "Lot" shall mean and refer to a physical portion of the Common Interest
Community which is designated for separate ownership or occupancy and the boundaries of
which are described in or determined from the Plat. The term "Lot" as used in this
Declaration shall have the same meaning as the term "Unit" as used in the Act.
Section 21: "Owner" shall mean and refer to any Person who owns a Lot but does
not include a Person having an interest in a Lot solely as security for an obligation. The
Declarant is the Owner of any Lot created in the Declaration until that Lot is conveyed to
another Person. The term "Owner" as used in this Declaration shall have the same meaning
as the term "Unit Owner" as used in the Act.
Section 22: "Mortgagee" shall mean and refer to any Person who has a Security
Interest in a Lot and who has provided actual written notice of such interest to the
Association. Recording of a mortgage, deed of trust, or other security interest in the office
4
of the Clerk and Recorder of Weld County, Colorado, shall not be considered actual written
notice to the Association of a security interest.
Section 23: "Notice" shall mean and refer to any notice required or desired to be
given pursuant to the Documents. Unless otherwise provided in the Documents, all
notices shall be in writing and may be personally delivered; mailed, certified mail, return
receipt requested, sent by telephone facsimile with a hard copy sent by regular mail; sent
by a nationally recognized, receipted overnight delivery service, including, by example
and not limitation, United Parcel Service, Federal Express, or Airborne Express; or sent
by electronic mail. Any such notice shall be deemed given when personally delivered; if
mailed, three (3) delivery days after deposit in the United States mail, postage prepaid; if
sent by telephone facsimile or electronic mail, on the day sent if sent on a business day
during normal business hours of the recipient or on the next business day if sent at any
other time; or if sent by overnight delivery service, one (1) business day after deposit in
the custody of the delivery service. The addresses and telephone numbers for the mailing,
transmitting, or delivering of notices shall be as set forth in the books and records of the
Association. Notices of a change of address shall be given in the same manner as all
other notices as hereinabove provided.
Section 24: "Person" shall mean and refer to a natural person, a corporation, a
limited liability company, a partnership, an association, a trust, or any other entity or
combination thereof.
Section 25: "Plat" shall mean and refer to the Plat of the Real Estate, designated as
TORGERSON P.U.D., recorded in the office of the Clerk and Recorder of Weld County,
Colorado, and all recorded amendments thereto.
Section 26: "Purchaser" shall mean and refer to a Person, other than the Declarant,
who, by means of a transfer, acquires a legal or equitable interest in a Lot, other than:
(a) A leasehold interest in a Lot of less than forty (40) years, including
renewal options, with the period of the leasehold interest, including
renewal options, being measured from the date the initial term
commences; or
(b) A Security Interest.
5
Section 27: "Real Estate" shall mean and refer to the Real Estate described on
Exhibit "A" attached hereto and incorporated herein by reference.
Section 28: "Residence" shall mean and refer to a single-family residential dwelling
constructed on a Lot.
Section 29: "Residential Use" shall mean and refer to use of a Residence as a
dwelling by a single family.
Section 30: "Rules and Regulations" shall mean and refer to any instruments,
however denominated, which are adopted by the Association for the regulation and
management of the Common Interest Community, including any amendment to those
instruments.
Section 31: "Security Interest" shall mean and refer to an interest in real property
created by contract or conveyance which secures payment or performance of an obligation
if the Association is given actual written notice of such interest. The term includes a lien
created by a mortgage, deed of trust, trust deed, security deed, contract for deed, land sales
contract, lease intended as security, assignment of lease or rents intended as security, pledge
of an ownership interest in an association, and any other consensual lien or title retention
contract intended as security for an obligation of which the Association has been given
actual written notice. "First Security Interest" shall mean and refer to a Security Interest in a
Lot of which the Association has been given actual written notice prior to all other Security
Interests except the Security Interest for real property taxes and assessments made by Weld
County, Colorado, or other governmental authority having jurisdiction over the Common
Interest Community. The recording of any document or instrument in the office of the
Clerk and Recorder of Weld County, Colorado, shall not be considered notice to the
Association of any Security Interest created by the recording of such document or
instrument.
Section 32: "Single-family" shall mean and refer to any individual or group of
persons related by blood or marriage or any unrelated group of not more than five (5)
persons living together in a Residence.
Section 33: Unless the context clearly indicates otherwise, other terms defined in the
Act shall have the meanings attributable to such terms in the Act.
6
Section 34: Other terms in this Declaration may be defined in specified provisions
contained herein and shall have the meaning assigned by such definition.
ARTICLE III. COMMON INTEREST COMMUNITY
Section 1: Name. The name of the Common Interest Community is TORGERSON
P.U.D.
Section 2: Association. The name of the Association is TORGERSON HOME-
OWNERS ASSOCIATION.
Section 3: Planned Community. The Common Interest Community is a planned
community.
Section 4: County. The name of every county in which any part of the Common
Interest Community is situated is Weld County, Colorado.
Section 5: Levi Description. A legal description of the Real Estate included in the
Common Interest Community is set forth on Exhibit "A" attached hereto and incorporated
herein by reference.
Section 6: Maximum Number of Tots. The maximum number of Lots that the
Declarant reserves the right to create within the Common Interest Community is nine (9).
Section 7: Boundaries of Lots. The boundaries of each Lot are set forth on the Plat
of the Real Estate. The Plat sets forth the Lot's Identifying Number.
Section 8: Allocated Interests. The Common Expense Liability and votes in the
Association shall be allocated among the Owners as follows:
(a) Each Owner's share of the Common Expenses shall be a fraction, the
numerator of which shall be one (1) and the denominator of which
shall be the total number of Lots within the Common Interest
Community.
(b) Each Owner shall be entitled to one (1) vote for each Lot owned.
r..
7
Section 9: Recording Data. All easements and licenses to which the Common
Interest Community is presently subject are shown on the Plat and on Exhibit "B" attached
hereto. In addition, the Common Interest Community may be subject to other easements or
licenses granted by the Declarant pursuant to the terms of this Declaration.
ARTICLE IV. ASSOCIATION
Section 1: Membership. Every Owner of a Lot which is subject to assessment shall
be a Member of the Association. The foregoing is not intended to include Persons who
hold an interest merely as security for the performance of an obligation. Membership shall
be appurtenant to and may not be separated from ownership of any Lot which is subject to
assessment by the Association. Ownership of such Lot shall be the sole qualification for
membership. The Association does not contemplate pecuniary gain or profit to the
Members thereof, and the specific purposes for which it is formed are as follows: (a) to
operate the Common Interest Community known as TORGERSON P.U.D. located in Weld
County, Colorado, in accordance with the Act, as amended, and the Colorado Nonprofit
Corporation Act, as amended; (b) to promote the health, safety, welfare, and common
benefit of the residents of the Common Interest Community; and (c) to do any and all
permitted acts, and to have and exercise any and all powers, rights, and privileges which are
granted to a common interest community association under the laws of the State of
Colorado, this Declaration, and the Bylaws, Architectural Guidelines, Rules and Regula-
tions, and other governing documents of the Association.
Section 2: Voting Rights and Assignment of Votes. The effective date for assigning
votes to Lots created pursuant to this Declaration shall be the date on which this Declaration
is recorded in the records of the Clerk and Recorder of Weld County, Colorado.
Section 3: Allocated interests. The Common Expense Liability and votes in the
Association allocated to each Lot are set forth as follows:
(a) The percentage of liability for Common Expenses shall be allocated on
the basis of equal liability for each Lot; and
(b) The number of votes in the Association shall be allocated on the basis of
one (1) vote for each Lot.
Section 4: Authority. The business and affairs of the Common Interest Community
shall be managed by the Association. The Association shall be governed by this
8
Declaration and the Articles of Incorporation, Bylaws, Architectural Guidelines, and Rules
and Regulations of the Association, as amended from time to time.
Section 5: Powers. The Association shall have all of the powers and authority
permitted pursuant to the Act necessary and proper to manage the business and affairs of the
Common Interest Community.
Section 6: Declarant Control. The Declarant, or persons designated by the
Declarant, may appoint and remove the officers and members of the Board of the
Association for a period of ten (10) years after this Declaration is recorded in the office of
the Clerk and Recorder of Weld County, Colorado. The period of Declarant control as
herein set forth is subject to the limitations of Section 38-33.3-303(5) of the Act.
Section 7: Board Powers and Duties The Board may act in all instances on behalf
of the Association. The Board shall have, subject to the limitations contained in this
Declaration and the Act, the powers and duties necessary for the administration of the
affairs of the Association and of the Common Interest Community, which shall include, but
not be limited to, the following:
(a) Adopt and amend Bylaws.
(b) Adopt and amend Rules and Regulations.
(c) Adopt and amend budgets for revenues, expenditures, and reserves.
(d) Collect Common Expense assessments from Lot Owners.
(e) Hire and discharge Managers.
(f) Hire and discharge independent contractors, employees, and agents,
other than Managers.
(g) Institute, defend, or intervene in litigation or administrative proceedings
or seek injunctive relief for violation of the Documents in the
Association's name, on behalf of the Association, or two (2) or more Lot
Owners on any matters affecting the Common Interest Community.
(h) Make contracts and incur liabilities.
9
(i) Regulate the use, maintenance, repair, replacement, and modification of
the Common Elements.
(j) Provide for the maintenance, repair, replacement, and improvement of
public roads and streets within the Common Interest Community.
(k) Provide for performance by the Association of its duties and
responsibilities under the Improvement Agreement.
(1) Cause additional improvements to be made as a part of the Common
Elements.
(m) Acquire, hold, encumber and convey in the Association's name, any
right, title, or interest to real estate or personal property, but the Common
Elements may be conveyed or subjected to a Security Interest only
pursuant to this Declaration and the Act.
(n) Grant easements for any period of time, including permanent easements,
leases, licenses, and concessions through or over the Common Elements,
subject to the restrictions and limitations of this Declaration and the Act.
(o) Impose and receive a fee or charge for the use, rental, or operation of the
Common Elements and for services provided to Lot Owners.
(p) Impose a reasonable charge for late payment of assessments and levy a
reasonable fine for violation of the Documents.
(q) Impose a reasonable charge for the preparation and recordation of
supplements or amendments to this Declaration and for statements of
unpaid assessments.
(r) Provide for the indemnification of the Association's officers and the
Board and maintain directors' and officers' liability insurance.
(s) Assign the Association's right to future income, including the right to
receive Common Expense assessments, but only upon the affirmative
vote of the Owners of Lots to which at least fifty-one percent (51%) of
10
the votes in the Association are allocated, at a meeting called for that
purpose.
(t) Exercise any other powers conferred by the Documents.
(u) Exercise any other power that may be exercised in the State of Colorado
by a legal entity of the same type as the Association.
(v) Exercise any other power necessary and proper for the governance and
operation of the Association.
(w) By resolution, establish permanent and standing committees of Board
members to perform any of the above functions under specifically
delegated administrative standards as designated in the resolution
establishing the committee. All committees established by the Board
must maintain and publish notice of their actions to Lot Owners and the
Board. Actions taken by any committee established by the Board may
be appealed to the Board by any Lot Owner within forty-five (45) days
of publication of a notice. If an appeal is made, the committee's action
must be ratified, modified, or rejected by the Board at its next regular
meeting.
Section 8: Professional Management and Contract Termination Provisions. The
Association may utilize professional management in performing its duties hereunder. Any
agreement for professional management of the Association's business shall have a
maximum term of three (3) years and shall provide for termination by either party thereto,
with or without cause and without payment of a termination fee, upon sixty (60) days' prior
written notice. Any contracts, licenses, or leases entered into by the Association while there
is Declarant control of the Association shall provide for termination by either party thereto,
with or without cause and without payment of a termination fee, at any time after
termination of Declarant control of the Association, upon sixty (60) days' prior written
notice; provided, however, that any contract entered into at any time by the Association
providing for services of the Declarant shall provide for termination at any time by either
party thereto, without cause and without payment of a termination fee, upon sixty (60) day's
prior written notice.
Section 9: Board Limitations. The Board may not act on behalf of the Association
to amend this Declaration, to terminate the Common Interest Community, or to elect
members of the Board or determine their qualifications, powers, and duties or terms of
11
office of Board members, but the Board may fill vacancies in its membership for the
unexpired portion of any term.
Section 10: Owner's NegJigpnce. Notwithstanding anything to the contrary
contained in this Declaration in the event that the need for maintenance or repair of the
Common Elements or any improvements located thereon is caused by the willful or
negligent act, omission, or misconduct of any Lot Owner or by the willful or negligent act,
omission, or misconduct of any member of such Lot Owner's family or by a guest, invitee,
employee, agent, contractor, or subcontractor of such Lot Owner or any tenant or member
of a tenant's family, the costs of such repair and maintenance shall be the personal
obligation of such Lot Owner, and any costs, expenses, and fees incurred by the Association
for such maintenance, repair, or reconstruction shall be added to and become part of the
assessment to which such Owner's Lot is subject and shall be a lien against such Owner's
Lot as provided in this Declaration. A determination of the willful or negligent act,
omission, or misconduct of any Lot Owner or any member of a Lot Owner's family or a
guest, invitee, employee, agent, contractor, or subcontractor of any Lot Owner or tenant or
member of a tenant's family and the amount of the Lot Owner's liability therefor shall be
determined by the Board after notice to the Lot Owner and the right to be heard before the
Board in connection therewith.
Section 11: Indemnification. To the full extent permitted by law, each officer and
member of the Board of the Association and each member of the Architectural Control
Committee shall be and are hereby indemnified by the Association against all expenses and
liabilities, including attorney's fees, reasonably incurred by or imposed upon them in any
proceeding to which they may be a party or in which they may become involved by reason
of their being or having been an officer or member of the Board or Architectural Control
Committee of the Association, or any settlement thereof, whether or not they are an officer
or a member of the Board or Architectural Control Committee of the Association at the time
such expenses are incurred, except in such cases where such officer or member of the Board
or Architectural Control Committee is adjudged guilty of willful misfeasance or
malfeasance in the performance of his or her duties; provided that in the event of a
settlement, the indemnification shall apply only when the Board approves such settlement
and reimbursement as being in the best interests of the Association.
Section 12: Dissolution. The Association may not be dissolved (and this Section 12
may not be amended) without the approval of the County.
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ARTICLE V. SPECIAL DECLARANT RIGHTS
Declarant hereby reserves the right for a period of ten (10) years after this
Declaration is recorded in the office of the Clerk and Recorder of Weld County, Colorado,
to perform the acts and exercise the rights hereinafter specified ("the Special Declarant
Rights"). Declarant's Special Declarant Rights include the following:
(a) Completion of Improvements. The right to complete improvements
indicated on the Plat and/or in the Development Plan.
(b) Sales Management and Marketing. The right to maintain one (1) sales
office, one (1) management office, signs advertising the Common
Interest Community, and model Residences. The Declarant shall have
the right to determine the number of model Residences and the size and
location of the sales office, management office, and model Residences.
The Declarant shall also have the right to relocate the sales office,
management office, and model Residences from time to time, at the
Declarant's discretion. After the Declarant ceases to be the Owner of a
Lot, the Declarant shall have the right to remove any sales office or
management office from the Common Interest Community.
(c) Constniction Fasements. The right to use easements within the
Common Interest Community for the purpose of making improvements
within the Common Interest Community.
(d) Control of Association and Board. The right to appoint or remove any
officer of the Association or any Board member.
(e) Dedications. The right to establish, from time to time, by dedication or
otherwise, access, utility, and other easements over, across, and upon the
Common Elements for purposes including, but not limited to, paths,
walkways, and drainage, and to create other reservations, exceptions,
and exclusions over, across, and upon the Common Elements for the
benefit of and to serve the Lot Owners and the Association consistent
with the Management Plan.
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ARTICLE VI. ASSESSMENT FOR COMMON EXPENSES
Section 1: Personal Obligation of Owners for Common Expenses. The Declarant,
for each Lot owned, hereby covenants, and each Owner of any Lot by acceptance of a deed
therefore, whether or not it shall be so expressed in such deed, is deemed to covenant and
agree to pay to the Association Common Expense assessments imposed by the Association
to meet the estimated Common Expenses.
Section 2: Purpose of Assessment. The assessments levied by the Association shall
be used exclusively to promote the recreation, health, safety, and welfare of the Owners; for
the improvement and maintenance of the Common Elements; for the payment of the costs
and expenses of maintaining the roads within the Common Interest Community; and for the
payment of the costs and expenses of the performance of the Association's duties and
responsibilities under the Improvement Agreement and Management Plan.
Section 3: Amount of Assessment. The amount of the assessment for the estimated
Common Expenses which shall be paid by each Owner shall be determined by dividing the
aggregate sum the Association reasonably determines to be paid by all Owners by the total
number of Lots within the Common Interest Community, and the Owner of each Lot shall
pay his proportionate share of such aggregate sum.
Section 4: Maximum Annual Assessment. Until January 1 of the year immediately
following the date of commencement of annual assessments, the maximum annual assess-
ment shall be Dollars ($ )
per Lot.
(a) From and after January 1 of the year immediately following the date of
commencement of annual assessments, the maximum annual assessment
may be increased effective January 1 of each year without a vote of the
membership in conformance with the rise, if any, of the Consumer Price
Index for the Denver/Boulder region (published by the Department of
Labor, Washington, D.C.) for the preceding month of July.
(b) From and after January 1 of the year immediately following the date of
commencement of annual assessments, the maximum annual assessment
may be increased above that established by the Consumer Price Index
formula by a vote of the Owners for the next succeeding two (2) years,
and at the end of each such period of two (2) years, for each succeeding
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period of two (2) years, provided that any such change shall have the
assent of two-thirds (2/3) of the votes of the Owners who are voting in
person or by proxy at a meeting duly called for this purpose. The
limitations hereof shall not apply to any change in the maximum and
basis of the assessments undertaken as an incident to a merger or
consolidation in which the Association participates.
(c) The Board may fix the annual assessment at an amount not in excess of
the maximum.
Section 5: Special Assessments for Capital Improvements. In addition to the annual
assessments authorized above, the Association may levy, in any assessment year, a special
assessment applicable to that year only for the purpose of defraying, in whole or in part,
payment of any operating deficit and/or unbudgeted cost, the cost of any construction,
reconstruction, repair, or replacement of a capital improvement upon the Common
Elements, including fixtures and personal property related thereto, and the cost of any
construction, reconstruction, repair, or replacement of any street or road within the
Common Interest Community; provided that any such Special Assessment shall have the
assent of two-thirds (2/3) of the votes of the Owners who are voting in person or by proxy at
a meeting duly called for this purpose at which a quorum is present.
Section 6: Notice and Quorum for any Action Authorized Under Sections 4 and 5.
Notice of any meeting called for the purpose of taking any action authorized under Section
4 or 5 shall be given to all Owners not less than thirty (30) days nor more than sixty (60)
days in advance of the meeting. At the first such meeting called, the presence of Owners or
of proxies entitled to cast sixty percent (60%) of all the votes of the Owners shall constitute
a quorum. If the required quorum is not present, another meeting may be called, subject to
the same notice requirement, and the required quorum at the subsequent meeting shall be
one-half (1/2) of the required quorum at the preceding meeting. No such subsequent
meeting shall be held more than sixty (60) days following the preceding meeting.
Section 7: uniform Rate of Assessment. Both annual and special assessments must
be fixed at a uniform rate for all Lots and shall be collected on a monthly basis.
Section 8: Date of Commencement of Annual Assessments; Due Dates. The Board
shall fix the amount of the annual assessment against each Lot at least thirty (30) days in
advance of each annual assessment period. Written notice of the annual assessment shall be
sent to every Owner subject thereto. Annual assessments shall be collected in twelve (12)
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equal monthly installments. Omission or failure to fix an assessment or deliver or mail a
statement for any period shall not be deemed a waiver, modification, or release of a Lot
Owner from his or her obligation to pay the same.
Section 9: Exempt Property. The following property subject to the Declaration shall
be exempted from the assessments, charges, and liens created herein:
(a) All properties to the extent of any easement or other interest therein
dedicated and accepted by a municipal or quasi-municipal corporation or
other local public utility or authority and devoted to public use.
(b) All Common Elements.
Section 10: Record of Receipts and Expenditures. The Association shall keep
detailed and accurate records in chronological order of all of its receipts and expenditures,
specifying and itemizing the maintenance and repair of the Common Elements and the
roads and streets within the Common Interest Community and any other expenses incurred.
Such records shall be available on request for examination by the Lot Owners and others
with an interest, such as prospective lenders.
Section 11: Notice to Security interest. Upon the request of a holder of a First
Security Interest on a Lot, and upon payment of reasonable compensation therefor, the
Association shall report to such party any unpaid assessment or other defaults under the
terms of this Declaration which are not cured by the Lot Owner within sixty (60) days after
written notice of default given by the Association to the Lot Owner.
Section 12: Certificate of Status of Assessments. The Association, upon written
request to the Association, and upon payment of a reasonable fee, shall furnish to a Lot
Owner or such Lot Owner's designee, to a holder of a Security Interest or its designee, or to
a closing agent handling the closing of the sale or financing of the Owner's Lot a statement,
in recordable form, setting out the amount of the unpaid Common Expense assessments
against the Lot. The statement must be furnished within fourteen (14) business days after
receipt of the request and is binding on the Association, the Board, and each Lot Owner as
of the date of its issuance.
Section 13: Common Expenses Attributable to Fewer than All inits. The following
Common Expenses may be chargeable to fewer than all Lots:
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(a) If a Common Expense is caused by the misconduct of a Lot Owner, the
members of such Owner's family, or such Owner's guests, invitees,
employees, agents, contractors, subcontractors, or tenants, the Asso-
ciation may assess that expense against that Lot Owner and such
Owner's Lot.
(b) Fees, charges, taxes, impositions, late charges, fines, collection costs,
and interest charged against a Lot Owner for nonpayment of assessments
or violation of the Documents are enforceable as Common Expense
assessments against such Owner's Lot.
Section 14: Reserve Accrnmt. Until January 1 of the year immediately following the
date of commencement of annual assessments, the annual assessment for Common
Expenses shall include an amount equal to
Dollars ($ ), which amount shall be held in a separately-designated account for the
purpose of road and landscaping maintenance repair and replacement. The amount
allocated to reserve shall be adjusted each year to account for the rate of inflation.
ARTICLE VII. LIEN FOR NONPAYMENT
OF COMMON EXPENSES
Any assessment, charge, or fee provided for in this Declaration or any monthly or
other installment thereof which is not fully paid within ten (10) days after the date due shall
bear interest at a rate determined by the Board. In addition, the Board may assess a late
charge thereon. Any Owner who fails to pay any assessment, charge, or fee of the
Association shall also be obligated to pay to the Association, on demand, all costs and
expenses incurred by the Association, including reasonable attorney's fees, in attempting to
collect the delinquent amount. The total amount due to the Association, including unpaid
assessments, fees, charges, fines, interest, late payment penalties, costs, and attorney's fees,
shall constitute a lien on the defaulting Owner's Lot as provided in the Act. The
Association may bring an action, at law or in equity, or both, against any Owner personally
obligated to pay any amount due to the Association or any monthly or other installment
thereof and may also proceed to foreclose its lien against such Owner's Lot. An action at
law or in equity by the Association against a delinquent Owner to recover a money
judgment for unpaid amounts due to the Association or monthly or other installments
thereof may be commenced and pursued by the Association without foreclosing or in any
way waiving the Association's lien. The Association's lien shall be superior to any
homestead exemption now existing or hereafter created by any state or federal law.
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ARTICLE VIII. COMMON FT,EMFNTS
Section 1: Description of Common Elements. The Common Elements within the
Common Interest Community shall consist of Open Space Tract A as designated on the
Plat, together with all improvements installed by the Declarant or the Association thereon,
including subdivision monument sign and bus shelter.
Section 2: Rules and Regulations. The Board shall have the right to adopt
reasonable Rules and Regulations governing the use of the Common Elements, provided
that such Rules and Regulations apply to all Owners in a nondiscriminatory manner and are
consistent with the Management Plan.
Section 3: Owners' Easements of Enjoyment. Each Lot Owner shall have a right
and easement of enjoyment in and to the Common Elements, and such easement shall be
appurtenant to and shall pass with title to every Lot, subject to the following provisions:
(a) The right of the Association to promulgate and publish reasonable Rules
and Regulations as provided in this Declaration.
(b) The right of the Association to suspend voting rights and the right to use
the Common Elements by an Owner for any period during which any
assessment against his or her Lot remains unpaid and for a period not to
exceed sixty (60) days for any infraction of its published Rules and
Regulations.
(c) The right of the Declarant or the Association, acting through the Board,
to dedicate or transfer any part of the Common Elements to any public,
quasi-public, or cooperative agency, authority, utility, or other entity.
(d) The right of the Association to close or limit use of the Common
Elements while maintaining, repairing, or making replacements in the
Common Elements, and as necessary to protect wetlands and natural
areas from harm or damage.
Section 4: Delegation of I Tse. A Lot Owner may delegate his or her right of
enjoyment to the Common Elements to the members of his or her family, guests, invitees,
and tenants subject to the terms and provisions of the Documents.
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ARTICLE IX. ARCHITECTURAL. CONTROL
Section 1: Manufactured Homes
(a) Allowed. Manufactured or Modular homes are allowed subject to all
architectural control guidelines adopted by the HOA as well as the following
conditions:
(b) Modular homes may be erected in lieu of site built dwellings if the
components bear manufacturer's certification indicating they meet all
requirements of the Uniform Building Code for residential use, and any and
all transporting gear is removed.
(c) The structure must be placed on, and permanently affixed to, a
permanent foundation meeting all requirements of the Uniform Building
Code.
(d) Modular homes must meet all county building codes.
(e) The modular home installation must be approved by the building
inspector.
(f) Modular homes must include the addition of a porch, entry or eaves
designed to give the appearance of site built homes.
(g) The manufactured home shall be multisectional ("double-wide" or
wider) and enclose a floor area of at least 1400 square feet;
(h) The manufactured home shall be placed on an excavated and back-filled
foundation and enclosed at the perimeter such that the manufactured home
is located not more than 12 inches above grade. Where the building site has
a sloped grade, no more than 12 inches of the enclosing material shall be
exposed on the uphill side of the home. If the manufactured home is placed
on a basement, the 12 inch limitation will not apply.
(I) The manufactured home shall have a pitched roof with a slope not less
than a nominal 3 feet in height for each 12 feet in width;
(J) The manufactured home shall have exterior siding and roofing which in
color, material and appearance is similar to the exterior siding and roofing
material commonly used on residential dwellings within the community or
which is comparable to the predominant materials used on surrounding
19
dwellings. Metal siding or roofing shall not be allowed.
(K) The manufactured home shall have a minimum 2-car garage or carport
constructed of like materials.
(L) A manufactured home shall have continuous perimeter skirting
installed. Skirting shall be of the same material and finish as the exterior of
the manufactured home.
(M) All manufactured homes shall utilize at least three of the following
design features:
1. dormers 2. recessed entries
3. cupolas 4. bay or bow windows
5. attached garage 6. window shutters
7. a roof with a pitch greater 8. off-sets on building face
than nominal 3/12 or roof(minimum 12")
9. gables 10. covered porch or entry
11. pillars or posts 12. eaves (minimum 6")
13. tile roof 14. horizontal lap siding
Section 2: Architectural Control Committee.
(a) Membership. The members of the Architectural Control Committee shall
be appointed by the Declarant. At such time as the Declarant is no
longer the Owner of one or more Lots within the Common Interest
Community, then the members of the Architectural Control Committee
shall be appointed by the Board from among the Owners.
(b) Purpose. The Architectural Control Committee is established for the
purpose of maintaining within the Common Interest Community a
consistent and harmonious general character of development and a style
and nature of building design and visual appeal consistent with the
natural beauty and features of the Common Interest Community.
(c) Term. Each member of the Architectural Control Committee shall serve
at the pleasure of the person or entity appointing such member. In the
20
event of the death or resignation of any member of the Architectural
Control Committee, the person or entity that appointed such member
shall appoint a successor.
(d) Decisions. All decisions of the Architectural Control Committee shall
be by a majority vote of those members of the Committee present at a
meeting at which a quorum is present. A majority of the members of the
Architectural Control Committee shall constitute a quorum.
(e) Compensation. The members of the Architectural Control Committee
shall not be entitled to any compensation for services performed
pursuant to this Declaration but shall be entitled to reimbursement by the
Association for all costs and expenses incurred in performing their duties
pursuant to this Declaration.
(f) Delegation. The Architectural Control Committee shall have the power
to delegate the responsibility for reviewing any application submitted to
the Architectural Control Committee to a professional architect,
landscape architect, engineer, or other professional person who is
qualified to pass on the issues raised in the application. The
Architectural Control Committee shall also have the power to require
that the applicant pay the fees reasonably incurred by the Architectural
Control Committee in retaining such professional to review the
application submitted.
(g) Nonliahility. No member of the Architectural Control Committee shall
be liable to the Association or to any Owner or prospective Owner for
any loss, damage, or injury arising out of or in connection with the
performance of the duties of the Architectural Control Committee under
this Declaration, unless such action constitutes willful misconduct or bad
faith on the part of the Architectural Control Committee. Review and
consideration of any application submitted to the Architectural Control
Committee shall be pursuant to this Declaration, and any approval
granted shall not be considered approval of the structural safety or
integrity of the improvements to be constructed or conformance of such
improvements with building codes, zoning resolutions, subdivision
regulations, or other governmental rules and regulations applicable to the
Common Interest Community.
21
Section 3: Control. No construction, alteration, addition, modification, exterior
decoration, exterior redecoration, or reconstruction of any building, fence, wall, structure,
landscaping, or other improvement within the Common Interest Community shall be
commenced or maintained until the plans and specifications thereof shall have been
approved by the Architectural Control Committee.
Section 4: Rules and Guidelines. The Architectural Control Committee shall issue
rules setting forth procedures for the submission of plans for approval and shall also issue
guidelines setting forth the criteria that the Architectural Control Committee will use in
considering plans submitted to it for approval. The Rules and Guidelines may be amended
from time to time by the Architectural Control Committee. The Guidelines may include by
example and not by limitation, regulations governing the following: Building type, location,
orientation, style, and architectural design; Residence size, height, and floor area; garage
size, type, height, design, orientation, and location; roof materials, color, overhang, and
pitch; siding style, type, material, design, and color; building height; size, type, height,
design, orientation, location, and number of outbuildings, accessory buildings, and storage
sheds; construction methods and timetables; fence and wall materials, color, design, style,
height, and location; landscaping; signs, clotheslines, antennae, satellite dishes, and play
structures; storage tanks, containers, and exterior mechanical equipment; window style,
design, size, material, location, and orientation; solar energy devices; outdoor
ornamentation and seasonal decorations; site drainage, grading, and water conservation;
paved areas, culverts, and driveways; house numbers and entry monuments; and exterior
lighting.
Section 5: Review of Plans and Specifications. The Architectural Control
Committee shall consider and act upon any and all requests submitted for its approval. The
Architectural Control Committee shall approve plans and specifications submitted to it only
if it determines that the construction, alteration, additions, or landscaping contemplated
thereby, and in the location as indicated, will comply with this Declaration, will serve to
preserve and enhance the values of Lots within the Common Interest Community, and will
maintain a harmonious relationship among structures, vegetation, topography, and the
overall development of the Common Interest Community. The Architectural Control
Committee shall consider the quality of workmanship, type of materials, and harmony of
exterior design with other Residences located within the Common Interest Community.
Should the Architectural Control Committee fail to approve or disapprove the plans and
specifications submitted to it by an Owner of a Lot within thirty (30) days after complete
submission of all required documents, then such approval shall not be required; provided,
22
however, that no building, structure, or landscaping shall be erected or allowed to remain on
any Lot which violates any of the covenants or restrictions contained in this Declaration.
The issuance of a building permit or license for the construction of improvements
inconsistent with this Declaration shall not prevent the Association or any Owner from
enforcing the provisions of this Declaration. Approval by the Architectural Control
Committee shall be in writing or by endorsement on the plans.
Section 6: No Waiver of Future Approval. The approval by the Architectural
Control Committee of any proposal or plans and specifications for any work to be done on a
Lot shall not be deemed to constitute a waiver of any right to withhold approval or consent
to any similar proposals, plans, specifications, drawings, or other matter subsequently or
additionally submitted for approval by the same Owner or by another Owner.
Section 7: Damage or Destruction of improvements. In the event any Residence or
other structure constructed on a Lot is damaged, either in whole or in part, by fire or other
casualty, said Residence or other structure shall be promptly rebuilt or remodeled to comply
r with this Declaration; or in the alternative, if the Residence or other structure is not to be
rebuilt, all remaining portions of the damaged structure, including the foundation and all
debris, shall be promptly removed from the Lot, and the Lot shall be restored to its natural
condition existing prior to the construction of the Residence or other structure.
ARTICLE X. USE RESTRICTIONS
Section 1: i,and I ice. No building or other structure shall be erected, altered, placed,
or permitted to remain on any Lot unless subject to approval by the Architectural Control
Committee, and such additional improvements as may be approved by the Architectural
Control Committee, pursuant to the terms of Article IX hereinabove.
Section 2: Trash Collection. The Association, acting through its Board, shall have
the right to require that any trash collection within the Common Interest Community be
performed by one company and that trash be collected from all Lots by such company on
the same day of each week. The Board shall select the trash company based on competitive
bids. At the option of the Association, the cost of trash collection shall be paid by each
Owner directly to the trash collection company, and in such event, the Association shall
have no duty to assess the cost of trash collection as a Common Expense. Nothing herein
contained shall be construed to prohibit an Owner from personally disposing of trash from
his Lot. This section shall not apply to a contractor during the construction of a Residence
or other improvements on a Lot. The contractor may dispose of trash, rubbish, debris, and
23
other construction materials from the Lot either personally or by contracting with a trash
collection company. The trash collection company may remove trash, rubbish, debris, and
other construction materials from the Lot during the construction of the Residence as often
as the contractor deems appropriate. All dumpsters shall have lid tie-downs to protect them
from animals.
Section 3: Mineral Extraction. No mining or extraction of oil, gas, gravel, or other
minerals shall be permitted on any Lot.
Section 4: Resubdivision. No Lot may be further subdivided without the approval
of the Architectural Control Committee. This provision shall not be construed to prohibit or
prevent the dedication or conveyance of any portion of a Lot as an easement for public
utilities.
Section 5: Restrictions on Leasing. No Lot Owner shall lease his or her Residence
to any group of people other than a "single family" as defined in Article II hereinabove nor
shall any lease be for a period of less than thirty (30) days. All such leases shall be in
writing and shall contain a covenant by the tenant or tenants that their use and occupancy of
the Residence pursuant to the terms of the lease are subject to the terms and conditions set
forth in this Declaration and that such tenant will abide by the terms contained herein as
well as all Rules and Regulations promulgated by the Association.
Section 6: Household Pets. Horses may be kept per Weld County Code. Dogs, cats,
and other household pets shall not be boarded, kept, bred, or maintained for any commercial
purposes. No more than two (2) dogs and no more than a total of three (3) adult dogs and
adult cats may be kept on any Lot (one dog and two cats; or two dogs and one cat; or three
cats). Dogs and cats shall not be considered adults until they are six (6) months old.
Household pets shall be subject to all Rules and Regulations adopted by the Association and
all governmental ordinances or laws applicable to the Common Interest Community. Dogs
shall at all times be confined by fence, leash, or under voice command. Each Owner of a
pet shall be responsible for the prompt clean up and removal of such pet's excrement from
his or her Lot and the Common Elements.
Section 7: i Tse of Common Elements. All use of the Common Elements shall be
subject to the terms and provisions of the Documents and shall be governed by the Rules
and Regulations adopted by the Association. No damage or waste shall be committed to the
Common Elements by Lot Owners, their families, tenants, guests, and invitees.
24
No motor-driven, engine-powered, or other mechanically propelled vehicle,
including, by example and not limitation, automobiles, trucks, motorcycles, all-terrain
vehicles, and snowmobiles, may be used or operated within or upon any of the Common
Elements, except in the event of an emergency or by the Association for maintenance
purposes.
Section 8: General Prohibition. No use shall be made of an Owner's Lot which will
in any manner violate the statutes or rules and regulations of any governmental authority
having jurisdiction over the use of said Owner's Lot.
Section 9: Maintenance of Lots and Improvements. Owners of Lots shall keep or
cause to be kept all buildings, fences, and other structures and all landscaping located on
their Lot in good repair. Rubbish, refuse, garbage, and other solid, semi-solid, and liquid
waste shall be kept within sealed containers, shall not be allowed to accumulate on any Lot,
and shall be disposed of in a sanitary manner. No Lot shall be used or maintained as a
dumping ground for such materials. All containers shall be kept in a neat, clean, and
sanitary condition and shall be stored inside a garage or other approved structure. No trash,
litter, or junk shall be permitted to remain exposed upon any Lot and visible from adjacent
streets or other Lots. Burning of trash on any Lot shall be prohibited. No lumber or other
building materials shall be stored or permitted to remain on any Lot unless screened from
view from other Lots and from the streets, except for reasonable storage during
construction.
Section 10: Nuisance. Nothing shall be done or permitted on any Lot which is or
may become a nuisance. No obnoxious or offensive activities or commercial businesses or
trades shall be conducted on any Lot, except home occupations as defined and permitted by
the applicable zoning resolution of the governmental entity having jurisdiction over the
Common Interest Community.
Section 11: Temporary Structures. No structure of a temporary character, including,
by example and not limitation, trailers, converted trailers, shacks, sheds, basements, tents,
garages, or accessory buildings, shall be used on any Lot as a Residence, temporarily or
permanently.
Section 12: Storage of Vehicles. Boats, campers, snowmobiles, all-terrain vehicles,
trailers, machines, tractors, semi-tractors, tractor trailers, trucks (except standard pickup
trucks), and inoperative automobiles shall not be stored, parked, or permitted to remain on
any street, Lot, or Common Element, except within fully-enclosed garages, or properly
25
screened if approved by the Architectural Control Committee. For purposes of this
provision, any disassembled or partially disassembled car or other vehicle or any car or
other vehicle which has not been moved under its own power for more than one (1) week
shall be considered an inoperative automobile subject to the terms of this Section.
Section 13: Discharge of Weapons. No person shall discharge, fire, or shoot any
gun, pistol, crossbow, bow and arrow, slingshot, or other firearm or weapon whatsoever,
including BB guns and pellet guns, within the Common Interest Community.
Notwithstanding the foregoing, the discharge of firearms or weapons by any member of any
law enforcement agency in the course of such member's official duty shall not be deemed a
violation of this provision.
Section 14: Disturbing the Peace. No person shall disturb, tend to disturb, or aid in
disturbing the peace of others by violent, tumultuous, offensive, disorderly, or obstreperous
conduct, and no Owner shall knowingly permit such conduct upon any Lot owned by such
Owner.
ARTICLE XL DRAINAGE
Section 1: Acknowledgment. The soils within the state of Colorado consist of both
expansive soils and low-density soils which will adversely affect the integrity of the
Residence if the Residence and the Lot on which it is constructed are not properly
maintained. Expansive soils contain clay minerals which have the characteristic of
changing volume with the addition or subtraction of moisture, thereby resulting in swelling
and/or shrinking soils. The addition of moisture to low-density soils causes a realignment
of soil grains, thereby resulting in consolidation and/or collapse of the soils. All Residences
shall have engineered footings and foundations.
Section 2: Moisture. Each Owner of a Lot shall use his or her best efforts to assure
that the moisture content of those soils supporting the foundation and the concrete slabs
forming a part of the Residence constructed thereon remain stable and shall not introduce
excessive water into the soils surrounding the Residence.
Section 3: Water Flow. The Owner of a Lot shall not impede or hinder in any way
the water falling on the Lot from reaching the drainage courses established for the Lot and
the Common Interest Community.
A-.
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Section 4: Action by Owner. To accomplish the foregoing, each Owner of a Lot
covenants and agrees, among other things:
(a) Not to install improvements, including, but not limited to, landscaping,
items related to landscaping, walls, walks, driveways, parking pads,
patios, fences, additions to the Residence, outbuildings, or any other item
or improvement which will change the grading of the Lot. The
installation of such improvements is acceptable so long as the manner of
installation is consistent with, and does not change, the grading and
drainage patterns of the Lot.
(b) To fill with additional soil any back-filled areas adjacent to the
foundation of the Residence and in or about the utility trenches on the
Lot in which settling occurs to the extent necessary from time to time to
maintain the grading and drainage patterns of the Lot.
(c) Not to water the lawn or other landscaping on the Lot excessively.
(d) Not to plant flower beds (especially annuals) and vegetable gardens
adjacent to or within three (3) feet of the foundation and slabs of the
Residence.
(e) If evergreen shrubbery and grass is used within five (5) feet of the
foundation walls, to water the shrubbery and grass by controlled hand
watering and to avoid excessive watering.
(f) To minimize or eliminate the installation of piping and heads for
sprinkler systems within five (5) feet of foundation walls and slabs.
(g) To install any gravel beds in a manner which will assure that water will
not pond in the gravel areas, whether due to nonperforated edging or due
to installation of the base of the gravel bed at a lever lower than the
adjacent lawn.
(h) To maintain the gutters and downspouts which discharge water into
extensions or splash blocks by assuring that (i) the gutters and
downspouts remain free and clear of all obstructions and debris; (ii) the
water that flows from the extension or the splash block is allowed to
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flow rapidly away from the foundation and/or slabs; and (iii) the splash
blocks are maintained under sill cocks.
(i) To recaulk construction joints opening up between portions of the
exterior slabs and garage slabs in order to thereby seal out moisture.
Section 5: Disclaimer. The Declarant shall not be liable for any loss or damage to
the Residence, any outbuilding, concrete slab, driveway, sidewalk, or other improvement on
any Lot caused by, resulting from, or in any way connected with soil conditions on any Lot.
ARTICLE XII. SURROUNDING AGRICULTURAL
USES AND WIT,D1dFF,
Weld County is one of the most productive agricultural counties in the United States,
ranking fifth in total market value of agricultural products sold. The rural areas of Weld
County may be open and spacious, but they are intensively used for agriculture. Persons
moving into a rural area must recognize and accept there are drawbacks, including conflicts
with longstanding agricultural practices and a lower level of services than in town. Along
with the drawbacks come the incentives which attract urban dwellers to relocate to rural
area: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural
atmosphere and way of life. Without neighboring farms, those features which attract urban
dwellers to rural Weld County would quickly be gone forever.
Agricultural users of the land may be uses by right and may be entitled to expand
their operations. Agricultural uses should not be expected to change their long-established
agricultural practices to accommodate the intrusions of urban users into a rural area. Well
run agricultural activities will general off-site impacts, including noise from tractors and
equipment; slow-moving farm vehicles on rural roads; dust from animal pens, field work,
harvest, and gravel roads; odor from animal confinement, silage, and manure; smoke from
ditch burning; flies and mosquitoes; and the use of pesticides and fertilizers in the fields,
including the use of aerial spraying. Ditches and reservoirs cannot simply be moved out of
the way of residential development without threatening the efficient delivery of irrigation to
fields which is essential to farm production.
Section 35-3.5-102, C.R.S., provides that an agricultural operation shall not be found
to be a public or private nuisance if the agricultural operation alleged to be a nuisance
employs methods or practices that are commonly or reasonably associated with agricultural
production.
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Weld County covers a land area of over 4,000 square miles in size (twice the State of
Delaware) with more than 3,700 miles of state and county roads outside of municipalities.
The sheer magnitude of the area to be served stretches available resources. Law
enforcement is based on responses to complaints more than on patrols of Weld County and
the distances which must be traveled may delay all emergency responses, including law
enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who
must leave their jobs and families to respond to emergencies. County gravel roads, no
matter how often they are bladed, will not provide the same kind of surface expected from a
paved road. Snow removal priorities mean that roads from subdivisions to arterioles may
not be cleared for several days after a major snowstorm. Snow removal for roads within
subdivisions are of the lowest priority for public works or may be the private responsibility
of the homeowners. Service in rural area, in many cases, will not be equivalent to
municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban
dwellers.
Children are exposed to different hazards in Weld County than in an urban or
suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches,
electrical power for pumps and center pivot operations, high speed traffic, sand burs,
puncture vines, territorial farm dogs, and livestock present real threats to children.
Controlling children's activities are important, not only for their safety, but also for their
protection of the farmer's livelihood. Parents are responsible for their children.
ARTICLE XIII. STREETS
Section 1: Initial Construction. The Declarant shall construct and install all streets
within the Common Interest Community.
Section 2: Maintenance. After expiration of any applicable warranty period, all
streets shall be maintained, repaired, and improved by the Association.
ARTICLE XIV. MORTGAGEE PROTECTION
Section 1: Introduction. This Article establishes certain standards and covenants
which are for the benefit of the holders, insurers, and guarantors of certain Security
Interests. This Article is supplemental to, and not in substitution for, any other provisions
of the Declaration, but in the case of conflict, this Article shall control.
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Section 2: Notice of Actions. The Association shall give notice to each Mortgagee
and Insurer of(and each Lot Owner hereby consents to and authorizes such notice):
(a) Any condemnation loss or any casualty loss which affects a material
portion of the Common Interest Community or any Lot in which there is
a First Security Interest held, insured, or guaranteed by such Mortgagee
or Insurer, as applicable.
(b) Any delinquency in the payment of Common Expense assessments owed
by a Lot Owner whose Lot is subject to a First Security Interest held,
insured, or guaranteed by such Mortgagee or Insurer, as applicable,
which remains uncured for a period of sixty (60) days.
(c) Any lapse, cancellation, or material modification of any insurance policy
or fidelity bond maintained by the Association.
(d) Any proposed action which would require the consent of a specified
percentage of Mortgagees as specified in Section 4 of this Article.
(e) Any judgment rendered against the Association.
Section 3: Consent and Notice Required.
(a) Document Changes. Notwithstanding any requirement permitted by this
Declaration or the Act, no amendment of any provision of this
Declaration pertaining to the matters hereinafter listed by the
Association or Lot Owners shall be effective without notice to
Mortgagees and Insurers, and the vote of at least sixty-seven percent
(67%) of the Lot Owners (or any greater Lot Owner vote required in this
Declaration or the Act) present in person or by proxy at a meeting at
which a quorum is present and until approved by at least fifty-one
percent (51%) of the Mortgagees (or any greater Mortgagee approval
required by this Declaration):
(1) Voting rights.
(2) Assessments, assessment liens, or priority of assessment liens.
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(3) Reserves for maintenance, repair, and replacement of Common
Elements.
(4) Responsibility for maintenance and repairs.
(5) Redefinitions of boundaries of Lots, except that when
boundaries of only adjoining Lots are involved or a Lot is
being subdivided, then only those Lot Owners and the
Mortgagees holding Security Interests in such Lot or Lots
must approve such action.
(6) Convertibility of Lots into Common Elements or Common
Elements into Lots.
(7) Expansion or contraction of the Common Interest Community
or the addition, annexation, or withdrawal of property to or
from the Common Interest Community.
(8) Insurance or fidelity bonds.
(9) Leasing of Lots.
(10) Imposition of any restrictions on a Lot Owner's right to sell or
transfer his Lot.
(11) A decision by the Association to establish self-management
when professional management had been required previously
by any Mortgagee.
(12) A decision by the Association not to restore or repair the
Common Elements after a hazard damage or partial
condemnation.
(13) Termination of the Common Interest Community after
occurrence of substantial destruction or condemnation of the
Common Elements.
(14) Any provision that expressly benefits mortgage holders,
insurers, or guarantors.
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(b) Actions. Notwithstanding any lower requirement permitted by this
Declaration or the Act, the Association may not take any of the
following
actions, other than rights reserved to the Declarant as Special Declarant
Rights or Additional Reserved Rights set forth in Article V of this
Declaration, without the notice to Mortgagees and Insurers as required
by Section 2 above and approval of at least fifty-one percent (51%) (or
the indicated percentage) of the Mortgagees:
(1) Convey or encumber the Common Elements or any portion
thereof without approval by eighty percent (80%) of the
Mortgagees. (The granting of easements for public utilities or
for other public purposes consistent with the intended use of
the Common Elements by the Common Interest Community
will not be deemed a transfer within the meaning of this
clause.)
(2) The termination of the Common Interest Community for
reasons other than substantial destruction or condemnation of
the Common Elements without approval by sixty-seven percent
(67%) of the votes of Mortgagees.
(3) The granting of any easements or leases through or over the
Common Elements (excluding, however, any utility, road, or
other easements serving or necessary to serve the Common
Interest Community and excluding any leases for no more than
three (3) years).
(4) The establishment of self-management when professional
management had been required previously by a Mortgagee.
(5) A decision by the Association not to restore or repair the
Common Elements after a hazard damage or partial
condemnation.
(6) The merger of the Common Interest Community with any other
common interest community.
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(7) The assignment of the future income of the Association,
including its right to receive Common Expense assessments.
(c) The Association may not change the period for collection of regularly
budgeted Common Expense assessments to other than monthly without
the consent of all Mortgagees.
(d) The failure of a Mortgagee or Insurer to object in writing to any
proposed addition or amendment within thirty (30) days after notice is
given by the Association requesting approval of an addition or
amendment to the Declaration shall conclusively constitute approval by
the Mortgagee or Insurer of the addition or amendment.
Section 4: inspection of Books. The Association shall maintain current copies of
the Declaration, Bylaws, Rules and Regulations, books and records, and financial
statements. The Association shall permit any Mortgagee or Insurer to inspect the books and
records of the Association during normal business hours.
Section 5: Financial Statements. The Association shall provide any Mortgagee or
Insurer who submits a written request a copy of an annual financial statement within ninety
(90) days following the end of each fiscal year of the Association.
Section 6: Enforcement. The provisions of this Article are for the sole benefit of
Mortgagees and Insurers and their successors and may only be enforced by one or more of
the Mortgagees and Insurers. Failure of the Association to comply with provisions of this
Article shall not invalidate any action taken by the Association or Owners, including, by
example and not limitation, any amendment to this Declaration, but any action taken by the
Association without first complying with this Article shall be voidable by any Mortgagee or
Insurer having a Security Interest in a Lot on the effective date of such action; provided that
any legal proceeding to make void any action taken by the Association in violation of this
Article must be commenced within one (1) year of the effective date of such action.
Section 7: Attendance at Meetings. Any representative of a Mortgagee or Insurer
may attend and address any meeting which an Owner may attend.
Section 8: Appointment of Tnistee. In the event of damage, destruction, or
condemnation of all or a portion of the Common Elements, any Mortgagee may require that
such proceeds be payable to a trustee. Such trustee may be required to be a corporate
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trustee licensed by the State of Colorado. Proceeds will thereafter be distributed pursuant to
the Act or pursuant to a condemnation award. Unless otherwise required, the members of
the Board, acting by majority vote through the president, may act as trustee.
Section 9: Payment of Delinquent Fees. Mortgagees may, jointly or singly, pay
taxes or other charges which are in default and which may or have become a charge against
the Common Elements and may pay overdue premiums on hazard insurance policies or
secure new hazard insurance on the lapse of such a policy for such Association property,
and Mortgagees making such payments shall be owed immediate reimbursement therefor
from the Association.
Section 10: Transfer of Common Elements. The Association shall not sell, transfer,
or convey any Common Elements without first offering to dedicate the Common Elements
to the County or other governmental agency designated by the County. This restriction shall
not apply to any of the following:
(a) The sale, transfer, or conveyance of the Common Elements to another
organization or association, the purpose of which is to maintain such
Common Elements.
(b) The granting of an easement or right-of-way to a governmental, quasi-
governmental, cooperative, or other regulated organization which
provides utility services to the Common Interest Community, including,
by example and not limitation, water, sewer, gas, electricity, cable
television, and other services which may become available to the
Common Interest Community at any time in the future.
(c) The granting of permits, leases, licenses, or concessions for not more
than three (3) years.
ARTICLE XV. ,SEPTIC SYSTEMS.
Sewage treatment on each Lot within the Common Interest Community shall be by
an on-site, individual septic tank/leach field system ("the Septic System"). Each Septic
System shall be approved by the Weld County Department of Health and Environment.
After installation of the approved Septic System, the as-built plans, showing by metes and
bounds the distance properly tied to the Residence of the location of the inspection access
for sludge measuring, location of all out-flow lines from the Residence to the Septic
System, access to the Septic System for sludge removal, leach fields, and valves for
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switching leach fields, where installed, shall be filed with the Architectural Control
Committee. The Architectural Control Committee shall inspect the as-built plans as to
completeness and satisfaction as to form and certification of accuracy and shall submit the
as-built plans to the Board of Directors to be maintained in its permanent records. The
Septic System shall be designed to provide for reasonable access to measure and check
sludge build-up in the Septic System. The Association is granted an easement over and
across each Lot for the purpose of inspection, service, maintenance, and replacement of the
Septic System. The Association shall annually cause a qualified person possessing a Class
D Sewage Treatment Plant Operator's License issued by the Colorado Department of
Health and Environment to inspect each Septic System. The cost of such inspection shall
be included in as a Common Expense to be assessed equally against all Lots and collected
by the Association as a Common Expense Assessment. If a Septic System is constructed
with rotating leach fields, the Association inspector shall rotate (switch) the leach fields at
the time of the annual inspection. Following the annual inspection, the Association shall
contract and/or otherwise provide for each Septic System., as needed, to be pumped and the
sludge disposed of in accordance with applicable Health Department regulations. The cost
of the sludge removal shall be assessed as a Special Assessment against the Lot for which
the sludge is removed. The Association inspector shall further conduct such other
inspection and tests as shall be reasonably recommended and/or required by the Septic
System manufacturer and the Weld County Health Department to ensure proper and
continued operation of the Septic System. In the event repairs or replacement of the Septic
System are required to ensure its proper operation, the Association shall contract for and/or
provided such repairs or replacement, the cost of which shall be assessed against the Lot
upon which the repairs or replacement were performed as a Special Assessment. Activities
such as landscaping (planting of trees and shrubs) and construction (auxiliary restructures,
dirt mounds, etc.) are expressly prohibited in all primary and secondary absorption fields as
designated on the Plat.
The terms and provisions of this Article XV may not be amended, except upon
written approval of the County.
ARTICLE XVI. MANAGEMENT PLAN
Section 1. Use of the Common Elements. The Common Elements shall be passive
open space.
Section 2. Runoff Wind and Water Erosion, Noxious Weeds, and Pests. Runoff,
wind and water erosion, noxious weeds, and pests shall be controlled in accordance with
35
rules and regulations of Weld County.
Section 3. Plants and Animals. Owners of Lots in the Subdivision will be
permitted to have domestic pets so long as such pets are under the direct control of the
Owner. Plants to be introduced to the Common Elements are described and designated in
the landscape plan approved by Weld County ("the Landscape Plan"). No animals
presently inhabit the Common Elements. Any plants to be removed from the Common
Elements are described and designated in the Landscape Plan.
Section 4. Compliance with Management Plan. It is the responsibility of the
Association to ensure compliance with this Article. To the extent the Association fails to
perform its obligations under this Article, Weld County may perform the Association's
duties and responsibilities and assess the cost thereof as a tax against the Lots.
Section 5. Landscaping. All landscaping shall be installed within the Common
Elements and maintained in accordance with the following:
A. Common Elements disturbed by grading operations will be reseeded with a
native seed mixture.
B. Landscape improvements shall be designed to minimize water use and shall
make every reasonable effort to minimize the public and private cost of
maintenance.
C. Landscape shall not contain artificial plant materials and shall remain
natural.
F. Landscaping shall be kept and maintained in a safe, clean, and attractive
condition and good state of repair in compliance with all governmental
laws.
G. The Association shall remove at its own expense, any rubbish of any
character whatsoever which accumulates on the Common Elements.
H. During the course of any landscaping work on the Common Elements,
including additions, alterations or repairs thereto, such work shall be
conducted in a manner which does not interfere with the use and possession
of Lots, and all landscaping and construction materials and equipment shall
be stored and operated in a neat and orderly fashion. Upon conclusion of
any such work, all excess landscaping materials, equipment, and excess
debris shall be promptly removed from the site.
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I. Trees shall not be planted closer than four feet to any gas or electric line
and no closer than ten feet to any water or sewer line. Shrubs shall not be
planted closer than four feet to any water or sewer line. Tree planting shall
be coordinated with the Public Service Company. Locations of all utilities
shall be verified in the field prior to planting.
J. Landscaping in the Common Elements shall be installed by the Declarant
and maintained by the Homeowner's Association.
K. Declarant shall ensure that the landscape plan is coordinated with the plans
done by other consultants so that the proposed grading, storm drainage, or
other construction does not conflict nor preclude installation and
maintenance of landscape elements.
L. To the maximum extent reasonably feasible, topsoil that is removed during
construction activity shall be conserved for later use on areas requiring
revegetation and landscaping.
ARTICLE XVII. GENERA!, PROVISIONS
Section 1: Enforcement. Enforcement of this Declaration shall be by appropriate
proceedings at law or in equity against those persons or entities violating or attempting to
violate any covenant, condition, or restriction herein contained. Such judicial proceeding
shall be for the purpose of removing a violation, restraining a future violation, for recovery
of damages for any violation, or for such other and further relief as may be available. Such
judicial proceedings may be prosecuted by an Owner, by the Architectural Control
Committee, or by the Association. In the event it becomes necessary to commence an
action to enforce this Declaration, the court shall award to the prevailing party in such
litigation, in addition to such damages as the Court may deem just and proper, an amount
equal to the costs and reasonable attorneys fees incurred by the prevailing party in
connection with such litigation. The failure to enforce or to cause the abatement of any
violation of this Declaration shall not preclude or prevent the enforcement thereof or of a
further or continued violation, whether such violation shall be of the same or of a different
provision of this Declaration.
Section 2: Duration. This Declaration shall run with the land, shall be binding upon
all persons owning Lots and any persons hereafter acquiring said Lots, and shall be in effect
in perpetuity unless amended or terminated as provided in the Act.
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Section 3: Amendment. Except as otherwise provided in this Declaration, this
Declaration may be altered or amended at any time by the then record Owners of sixty-
seven percent (67%) or more of the Lots. In no event shall any provisions of this
Declaration relating to the responsibility to maintain the public roads and streets, septic
systems, or Common Elements within the Common Interest Community (including, by
example and not limitation, provisions authorizing assessments in the establishment and
enforcement of liens for nonpayment of assessments or costs of repair or maintenance) be
amended or expire unless specifically released by the Board of County Commissioners of
Weld County, Colorado.
Section 4: Captions. The captions contained in the Documents are inserted only as a
matter of convenience and for reference, and in no way define, limit, or describe the scope
of the Documents or the intent of any provision thereof.
Section 5: Gender. The use of the masculine gender refers to the feminine gender,
and vice versa, and the use of the singular includes the plural, and vice versa, whenever the
context of the Documents so require.
Section 6: Waiver, No provision contained in the Documents is abrogated or
waived by reason of any failure to enforce the same, irrespective of the number of violations
or breaches which may occur.
Section 7: Invalidity. The invalidity of any provision of the Documents does not
impair or affect in any manner the validity, enforceability, or effect of the remainder, and if
a provision is declared invalid by judgment or court order, all of the other provisions of the
Documents shall continue in full force and effect.
Section 8: Conflict. The Documents are intended to comply with the requirements
of the Act. If there is any conflict between the Documents and the provisions of the Act,
the provisions of the Act shall control. In the event of any conflict between the
Improvement Agreement and this Declaration, the Improvement Agreement shall control.
In the event of any conflict between this Declaration and any other Document, this
Declaration shall control.
IN WITNESS WHEREOF, the Declarant has caused this Declaration to be executed
as of the day and year first above written.
38
MINOR DEVELOPMENTS LLC,
a Colorado limited liability omp y
BY:
Mikal Torgerson, Manager
STATE OF COLORADO )
ss.
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me this 19 day of -IA 1`I
, 200 6 , by Mikal Torgerson, Manager of Minor Developments, LLC, a Colorado
limited liability company.
Witness my hand and official seal.
My commission expires: 10' 2B•2_OO8
N Public ��
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