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Home My WebLink About20073669.tiff r4s6PUD FINAL PLAT WIERe. ADMINISTRATIVE REVIEW COLORADO CASE#: PF-1102 PLANNER: Brad Mueller APPLICANT: Trinity Properties REPRESENTATIVE: Todd Hodges Design c/o Ed Flynn 1269 North Cleveland Avenue 356 Foxenwood Drive Loveland, CO 80537 Santa Maria, CA 93455 REQUEST: Planned Unit Development Final plat for 17 residential lots with Estate uses, 2 non- residential agricultural outlots and 0.8 acres of open space, along with oil and gas production facilities. (Deer Meadows PUD) LEGAL DESCRIPTION: Part of Section 7, T 6 N, R 63 W of the 6th P.M., Weld County, CO LOCATION: North of and adjacent to County Road 70 & approximately I/2 mile east of County Road 61. ACRES: 303.99 +/- PARCEL NUMBER: 0799 07 000025 THE DEPARTMENT OF PLANNING SERVICES' STAFF APPROVES THIS APPLICATION FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 27-7-30 of the Weld County Code. 2. The request is in conformance with Section 27-7-40.C of the Weld County Code, as follows: A. Section 27-7-40.C.1--That the proposal is consistent with Chapters 19, 22, 23, 24 and 26 of the Weld County Code. The proposed site is not influenced by an Intergovernmental Agreement nor is the site within the three mile referral area for any municipality. The proposal is consistent with the aforementioned documents as follows: Section 22-3-50.8.1, P.Goal 2 "Require adequate facilities and services to assure the health, safety and general welfare of the present and future residents of the County." The proposed PUD will be serviced by individual wells and individual sewage disposal systems will handle the effluent flow. During the Change of Zone phase, the referral response dated January 10, 2006, from the State of Colorado, Division of Water Resources indicated that the applicant needs to obtain well permits for the 19 proposed wells and water court decrees for the Augmentation Plan to replace depletions from the wells. Conditions of Approval ensure that these will be included prior to recording of the final plat. 2007-3669 Trinity Properties Final Plat(Deer Meadows PUD)—PF-1102 Page 1 /?L1r31 B. Section 27-7-40.C.2--That the uses which would be allowed in the proposed PUD will conform with the performance standards of the PUD Zone District contained in Article II, Chapter 27 of the Weld County Code. Section 27-2-20, Access standards — 'All PUD developments will be served by an internally paved road system according to County standards. An exception to paving may be granted by the Director of Public Works for residential PUDs of nine (9) lots or less located in nonurban areas as defined in Chapter 22 of the Weld County Code, when the PUD is not located within close proximity to other PUDS, subdivisions and municipal boundaries, and when access to the PUD is not from a public road which is paved or will be paved within a year of approval of the PUD." The proposed development is an urban scale development in that it is adjacent to Briggsdale and exceeds 9 lots. An exception to required pavement was granted by the Board of County Commissioners by Resolution No. 2006-0752 dated April 5, 2006. Section 27-2-40, Bulk requirements — The applicant has included auxiliary quarters as an allowed use on Lots 1 through 17, approved by the Board of County Commissioners by Resolution No. 2006-0752 dated April 5, 2006 Section 27-2-50, Circulation — An interior roadway of two 13-foot gravel lanes does not include adequate width for on-street parking. Conditions of Approval require that all references to on-street parking be removed from the covenants. Section 27-2-55, Cluster PUD — A note on the final plat ensures the subdivision meets the criteria of a Cluster PUD including the requirement that at least two-thirds (2/3) of the total area of the property be reserved for forty (40) years for agricultural purposes. Further, the density of the PUD does not exceed two (2) residential units for each thirty-five (35) acres. Section 27-2-90. Urban scale development — Urban scale developments are developments exceeding nine (9) lots and/or located in close proximity to existing PUDs, subdivisions, municipal boundaries or urban gowth corridors and boundaries. All urban scale developments shall pave the internal road systems of the development. The proposed development is adjacent to Briggsdale and exceeds 9 lots. The Board of County Commissioners has approved a gravel internal road system by Resolution No. 2006-0752 dated April 5, 2006 The applicant has met the remaining performance standards as delineated in Section 27-2- 10. The Conditions of Approval and Development Standards ensure compliance with Sections 27-2-20 through 27-2-210 of the Weld County Code, C. Section 27-7-40.C.3 --That the uses which would be permitted will be compatible with the existing or future development of the surrounding area as permitted by the existing zoning, and with the future development as projected by Chapter 22 of the Weld County Code or master plans of affected municipalities. The proposed site is not influenced by an Inter- Governmental Agreement nor is the site within the three-mile referral area for any municipality. D. Section 27-7-40.C.4 --That adequate water and sewer service will be made available to the site to serve the uses permitted within the proposed PUD in compliance with the performance standards in Article II, Chapter 27 of the Weld County Code. The proposed PUD will be serviced by individual wells, and individual sewage disposal systems will handle the effluent flow. Conditions of Approval ensure that all well permits and the associated Augmentation Plan will be completed prior to recording the final plat. E. Section 27-7-40.C.5 -- That street or highway facilities providing access to the property are adequate in functional classification, width, and structural capacity to meet the traffic requirements of the uses of the proposed PUD Zone District. In a referral dated January 12, Trinity Properties Final Plat(Deer Meadows PUD)—PF-1102 Page 2 2006, the Weld County Department of Public Works has required that the applicant build County Road 70 in accordance with Weld County standards for local gravel roads the entirety of the frontage associated with the proposed cluster PUD terminating at the eastern entrance of the subdivision. The applicant is required to contact the property owner south of and adjacent to the property to offer notification of the reserved sixty (60) feet of right of way for the expansion of County Road 70 as well as relocate the existing property line fence south to the appropriate right of way. F. Section 27-7-40.C.6— In the event the street or highway facilities are not adequate, the applicant shall supply information which demonstrates the willingness and financial capacity to upgrade the street or highway facilities in conformance with the Transportation Sections of Chapters 22, 24 and 26, if applicable. Conditions of Approval ensure that the applicant will complete Improvements Agreements for on-site and off-site development. The applicant is required to include dust suppression for County Road 70 in the off-site (public) improvements agreement. G. Section 27-7-40.C.7 -- That there has been compliance with the applicable requirements contained in Chapter 23 of the Weld County Code regarding overlay districts, commercial mineral deposits, and soil conditions on the subject site. Preliminary investigations during the Sketch Plan phase required addition investigation for potential high groundwater in certain areas on the site. Additional information provided by Terra Logics Consulting LLC in a letter dated March 14, 2006, indicates that groundwater levels at most test sites are acceptable for conventional basement construction. Conditions of Approval require the site-specific geotechnical report prior to construction to ensure basements are properly designed. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11) Effective August 1, 2005, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40) H. Section 27-7-40.C.8--lf compatibility exists between the proposed uses and criteria listed in the development guide, and the final plan exactly conforms to the development guide. The submitted Specific Development Guide does accurately reflect the performance standards and allowed uses described in the proposed zone district, as described previously. The Department of Planning Services'approval is conditional upon the following: 1. Prior to Recording the PUD Final Plat: ( A. The Plat shall be amended to include the following: f 'c. � 'iu K 1) The title on the plat shall be shown as Deer Meadows PUD PF-1102. (Department of Planning Services) 2) Add all final plat notes indicated below. (Department of Planning Services) ` s 3) Landscaping and utility plans shall be added to the plat, as required by Sections 27-9- `� 30 and 27-9-40. (Department of Planning Services) 4) A Utility Service Statement Block as required by Section 27-9-40.B of the Weld County Code shall be included. The Block shall be signed by the utility providers, North Weld IQ; County Water District, Xcel Energy, Poudre Valley REA and Qwest. (Department of Planning Services) pr i<1444 Trinity Properties Final Plat(Deer Meadows PUD)—PF-1102 Page 3 5) All requirements of the Weld County Utilities Advisory Committee reflected in the minutes of the hearing on August 10, 2006, shall be delineated on the final plat prior to recording. (Utility Advisory Committee) 6) The Planning Commission and Board of County Commissioners Certificates shall be If removed from the plat and the Department of Planning Services and Dedication, Ownership, and Maintenance Certificates added. The Property Owner's and Surveyor's Certificates shall be corrected to conform to those found in Appendix 24-F I r (4,-c of the Weld County Code, as required by Section 27-9-20.M. (Department of Planning Services) 7) Any proposed development sign shall be located outside of utility easements and shall meet the required ten (101Jootsetback"from road rights-of-way. A plan detail of the fla� proposed sign shall be included on the final plat. (Department of Planning Services) 8) The proposed pedestrian shelter shall be located outside of utility easements and shall meet the required twenty (20) foot setback from road rights-of-way. (Department of L¢ Zo Planning Services) 9) The final plat shall indicate the location of the mail kiosk, entry sign, possible pedestrian shelter and water storage tank within the open space tracts. The location of the structures shall meet all required offsets and setbacks and shall not be located within utility easements. (Department of Planning Services) B. The applicant is required to apply dust suppression chemical to adjacent County roadways C ;1-t*, and in front of impacted existing homes along the proposed traffic route. This would include an Off-Site Improvements Agreement for a term that would include future developments. 'Ci( (Department of Planning Services) �e r• C. The applicant shall amend the (private) Improvements Agreement According to Policy a ; •, Regarding Collateral for Improvements to include the development sign, pedestrian shelter, 7 postal boxes, landscaping and fencing. Provide bids for landscaping estimates. A revised Improvements Agreement for Public Road Maintenance shall be submitted, reflecting the changes indicated by the Department of Public Work in their referral dated August 1, 2006. c.v,;, This agreement and the public Improvements Agreement shall be reviewed by County Staff and accepted by the Board of County Commissioners. (Department of Public Works) D. The applicant shall submit to Public Works stamped, signed and dated final plat drawings and ,( roadway I construction & grading plan drawings for review with the final plan application and tom-"� approval, addressing all comments from their memo dated August 1, 2006. Construction details must be included. Stop signs and street name signs will be required at all intersections and shown as a signing plan on final roadway plans. The current edition of the Manual on Uniform Traffic Control Devices (MUTCD) shall govern the signing plan. (Department of Public Works) E. The applicant shall submit evidence that a cash-in-lieu of land dedication fee has been paid to t the Platte Valley School District. (Department of Planning Services) F. The applicant has submitted preliminary covenants for Deer Meadows. The covenants shall C be amended to include the following: S. kit 1. Section 11.10.h shall be amended to omit reference to a 32-foot square feet sign, saying only that"in no event shall any sign exceed the size limitation as provided in the Weld County Code." vim' Trinity Properties Final Plat(Deer Meadows PUD)—PF-1102 Page 4 2. Sections 11.10.o and 10.11 ee.4 of the preliminary covenants discuss on street parking. The covenants shall be amended to state that on street parking will not be allowed due to the narrow street witdth. (Department of Planning Services) 3. Within the legal description (Exhibit A), the covenants shah reference the final plat v. name along with a space to include the recording information of the final plat. G. The applicant shall submit Certificates from the Secretary of State showing the Homeowners Association has been formed and registered with the state. (Department of Planning Services) H. A finalized and recorded agreement for the administration of replacement water and recharge ✓ ponds with New Cache la Poudre Irrigating Company shall be submitted to the Department of Planning Services. (Department of Planning Services) I. The applicant shall submit well permits for the 19 proposed well and the water court decrees �! for the Augmentation Plan to replace depletions from the wells. (Department of Planning 6,r` 1 Services) ! (r J. The applicant must have in place, with Anadarko Entities and its lessees, an agreement for the compatible development for the surface estate and oil and gas estates, or they shall provide evidence of an adequate attempt to reach such agreement. (Department of Planning Services) K. Finalized covenants and the appropriate recording fee (currently $6 for the first page and $5 for all others) shall be submitted to the Weld County Department of Planning Services for . recording at the Weld County Clerk and Recorders office. (Department of Planning Services) L. The applicant shall submit a digital file of all drawings associated with the Final Plan application. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are .shp (Shape Files), Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif(Group 4) ... (Group 6 is not acceptable). (Dept. of Planning Services) 2. The Final Plat is conditional upon the following and that each be placed on the Final Plat as notes prior to recording: A. The Planned Unit Development shall consist of seventeen (17) residential lots, two (2) non- residential agricultural outlots and 0.9 acres of open space tracts along with oil and gas production facilities as indicated in the application materials on file in the Department of Planning Services. Lots 1 through 17 will adhere to the uses allowed in the E (Estate) Zone District, except that Auxiliary Quarters shall be allowed. Outlot A and B will adhere to the uses allowed in the A (Agricultural) Zone District, except only nonresidential agricultural accessory buildings shall be allowed. Tract 1 and 2 are open space tracts and shall contain the development sign, mail kiosk, water storage tank and potential bus shelter. The PUD will be subject to and governed by the Conditions of Approval stated hereon and all applicable Weld County Regulations. (Department of Planning Services) B. Outlots A and B shall be restricted to farming and ranching operations and be free from development for any other uses for a period of forty (40) years from the date the final plat is approved and recorded. (Department of Planning Services) C. Auxiliary quarters shall comply will all requirements listed in Section 23-1-90 of the Weld County Code. (Department of Planning Services) Trinity Properties Final Plat (Deer Meadows PUD)—PF-1102 Page 5 • • • D. All landscaping within the site distance triangles must be less than 31/2 feet in height at maturity. (Department of Public Works) E. A Homeowner's Association shall be established prior to the sale of any lot. Membership in the Association is mandatory for each parcel owner. The Association is responsible for liability insurance, taxes and maintenance of open space, streets, private utilities and other facilities. Open space restrictions are permanent. (Department of Planning Services) F. Weld County's Right to Farm statement as delineated on this plat shall be recognized at all times. (Department of Planning Services) G. Water service shall be obtained from individual wells. (Department of Public Health and Environment) H. This subdivision is in rural Weld County and is not served by a municipal sanitary sewer system. Sewage disposal shall be by septic systems designed in accordance with the regulations of the Colorado Department of Public Health and Environment, Water Quality Control Division and the Weld County Code in effect at the time of construction, repair, replacement, or modification of the system. (Department of Public Health and Environment) I. A stormwater discharge permit may be required for a development/redevelopment /construction site where a contiguous or non-contiguous land disturbance is greater than or equal to one acre in area. Contact the Water Quality Control Division of the Colorado Department of Public Health and the Environment at www.cdphe.state.co.us/wq/PermitsUnit for more information. (Department of Public Health and Environment) J. During development of the site, all land disturbances shall be conducted so that nuisance conditions are not created. If dust emissions create nuisance conditions, at the request of the Weld County Health Department, a fugitive dust control plan must be submitted. (Department of Public Health and Environment) K. In accordance with the Regulations of the Colorado Air Quality Control Commission any development that disturbs more than 5 acres of land must incorporate all available and practical methods that are technologically feasible and economically reasonable in order to minimize dust emissions. (Department of Public Health and Environment) L. If land development creates more than a 25-acre contiguous disturbance, or exceeds 6 months in duration, the responsible party shall prepare a fugitive dust control plan, submit an air pollution emissions notice, and apply for a permit from the Colorado Department of Public Health and Environment. (Department of Public Health and Environment) M. The Sheriff's Office has limited traffic enforcement powers for private roadways within the subdivision. (Weld County Sheriff's Office) N. A separate building permit shall be obtained prior to the construction of any structure including the mail kiosk, bus shelter, or any monument sign. (Department of Building Inspection) O. A plan review is required for each building for which a building permit is required. Two complete sets of plans are required when applying for each permit. Residential building plans may be required to bear the wet stamp of a Colorado registered architect or engineer. (Department of Building Inspection) P. Buildings shall conform to the requirements of the codes adopted by Weld County at the time of permit application. Current adopted codes include the 2003 International Residential Code; 2003 International Building Code; 2003 International Mechanical Code; 2003 Trinity Properties Final Plat(Deer Meadows PUD)—PF-1102 Page 6 International Plumbing Code; 2003 International Fuel Gas Code; 2002 National Electrical Code and Chapter 29 of the Weld County Code. (Department of Building Inspection) Q. Each residential building will require an engineered foundation based on a site-specific geotechnical report or an open hole inspection performed by a Colorado registered engineer. Engineered foundations shall be designed by a Colorado registered engineer. (Department of Building Inspection) R. Fire resistance of walls and openings, construction requirements, maximum building height and allowable areas will be reviewed at the plan review. Setback and offset distances shall be determined by Chapter 23 of the Weld County Code. (Department of Building Inspection) S. Building height shall be measured in accordance with the 2003 International Building Code for the purpose of determining the maximum building size and height for various uses and types of construction and to determine compliance with the Bulk Requirements from Chapter 23 of the Weld County Code. Building height shall be measured in accordance with Chapter 23 of the Weld County Code in order to determine compliance with offset and setback requirements. When measuring buildings to determine offset and setback requirements, buildings are measured to the farthest projection from the building. Property lines shall be clearly identified and all property pins shall be staked prior to the first site inspection. (Department of Building Inspection) T. Landowners must provide a letter of approval from the Galeton Fire Protection District prior to new construction. (Department of Building Inspection) U. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11) (Department of Planning Services) V. Effective August 1, 2005, Building Permits issued on the subject site will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee. (Ordinance 2002-11) (Department of Planning Services) W. In the Engineering Geology Report by Terra Logics Consulting, LLC dated May 23, 2005 recommendations were made regarding testing for radon, testing well water for methane and the construction of perimeter drains to mitigate the affects of shallow groundwater. Property owners should follow these recommendations. In addition, based on a separate letter from Terra Logics LLC dated March 14, 2006, future owners are hereby notified that construction depths may be limited on some lots, and owners and contractors should consider ground water issues and site topography when selecting the location of structures. (Colorado Geological Survey) X. No access to lots shall take place from County Road 63. (Department of Planning Services) ` Y. Oil and gas structures within Outlot A shall be fenced to avoid tampering. (Department of l n" Planning Services) Z. All signs shall adhere to Section 23-4-60 and following of the Weld County Code. These requirements shall apply to all temporary and permanent signs. (Department of Planning Services) AA. Installation of utilities shall comply with Section 24-9-10 of the Weld County Code. (Department of Planning Services) Trinity Properties Final Plat (Deer Meadows PUD)—PF-1102 Page 7 BB. The property owner shall be responsible for compiling with the Performance Standards of Chapter 27, Article II and Article VIII, of the Weld County Code. (Department of Planning Services) CC. Weld County personnel shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County Regulations. (Department of Planning Services) DD. The site shall maintain compliance at all times with the requirements of the Weld County Departments of Public Works, Public Health and the Environment, and Planning Services, and adopted Weld County Code and Policies. (Department of Planning Services) EE. No development activity shall commence on the property, nor shall any building permits be issued on the property until the final plan has been approved and recorded. (Department of Planning Services) 'FF S, The PUD Final Plan shall comply with all regulations and requirements of Chapter 27 of the Weld County Code. (Department of Planning Services) % Section 27-8-60 of the Weld County Code - Failure to record a Planned Unit Development Final Ran -- If a final plan plat has not been recorded within one (1) year of the date of the approval of tJ'u the PUD final plan, or within a date specified by the Board of County Commissioners, the Board may require the landowner to appear before it and present evidence substantiating that the PUD final plan has not been abandoned and that the applicant possesses the willingness and ability to record the PUD final plan plat. The Board of County Commissioners may extend the date for recording the plat. If the Board determines that conditions supporting the original approval of the PUD final plan cannot be met, the Board may, after a public hearing, revoke the PUD final plan. GG '. Section 27-8-70 of the Weld County Code - Failure to Commence a Planned Unit Development Final Plan - If no construction has begun or no USE established in the PUD within one (1) year of the date of the approval of the PUD Final Plan, the Board of County Commissioners may require the landowner to appear before the it and present evidence substantiating that the PUD Final Plan has not been abandoned and that the applicant possesses the willingness and ability to continue the PUD. The Board may extend the date for initiation of the PUD construction and shall annually require the applicant to demonstrate that the PUD has not been abandoned. If the Board determines that conditions supporting the original approval of the PUD Final Plan have changed or that the landowner cannot implement the PUD Final Plan, the Board may, after a public hearing, revoke the PUD Final Plan and order the recorded PUD Plan vacated. N 44 6. Section 27-8-80.A of the Weld County Code - Failure to Comply with the PUD Final Plan - The Board of County Commissioners may serve written notice upon such organization or upon the owners or residents of the PUD setting forth that the organization has failed to comply with the PUD Final Plan. Said notice shall include a demand that such deficiencies of maintenance be cured within thirty (30) days thereof. A hearing shall be held by the Board within fifteen (15) days of the issuance of such notice, setting forth the item, date and place of the hearing. The Board may modify the terms of the original notice as to deficiencies and may give an extension of time within which they shall be rectified. 2-2' 7. Section 27-8-80.8 of the Weld County Code - Any PUD Zone District approved in a Final Plan shall be considered as being in compliance with Chapter 24 of the Weld County Code and Section 30- 28-101, et seq., CRS Trinity Properties Final Plat (Deer Meadows PUD)— PF-1102 Page 8 8. Prior to release of collateral: A. The applicant shall submit evidence that the two irrigation wells, the open space tracts and Outlot A have been deeded to the Deer Meadows Homeowners Association. (Department of Planning Services) B. The applicant shall submit evidence that the Galeton Fire Protection District has approved the construction of the 5,000 gallon water tank. (Department of Planning Services) By 1�---- Date (7, ; ,5 oCr- Brad Mueller + Planner • Trinity Properties Final Plat (Deer Meadows PUD)—PF-1102 Page 9 • DEPARTMENT F PLANNING SERVICES NORTH OFFICE 918 10TH Street GREELEY, CO 80631 PHONE: (970) 353-61O0, Ext. 3540 C. FAX: (970) 304-6498 "lig COLORADO July 10, 2006 Trinity Properties c/o Todd Hodges 1269 N. Cleveland Ave Loveland CO 80537 Subject: PF-1102- Request for approval of a Final Plat for 17 Residential lots, 2 non-residential agricultural outlots and 0.8 acres of open space, along with oil and gas production uses on a parcel of land described as Part of Section 7, T6N, R63W of the 6th P.M., Weld County, Colorado. Dear Applicant: Your application and related materials for the request described above are complete and in order at the present time. I have scheduled a meeting with the Weld County Utilities Advisory Committee for Thursday, August 10, 2006, at 10:00 a.m. This meeting will take place in the Hearing Room, Weld County Department of Planning, 918 10' Street, Greeley, Colorado. If you have any questions concerning this matter, please feel free to call me. Sincerely, Brad Mueller Planner Page 1 of 2 Brad Mueller From: David Bauer Sent: Wednesday, August 08, 2007 11:21 AM To: Brad Mueller Cc: ddunker@co.weld.co.us Subject: RE: Developer request -- PF-1102 Deer Meadows Brad, Thanks for asking. We have many PUDs that build in phases. They must follow the accepted plans. We can modify the Onsite and offsite improvements agreements to break out Phases and associated escrow amounts. Without pulling out all the files, my gut response (yes, I'm like Chernoff our Homeland Security director) is that when they start any development at the site, they will have to meet the CDPHE requirements for water quality, so the stormwater controls (construction phase and `permanent') should be one of the first things accomplished. So likely the detention pond, culverts and swales would be part of the initial work. Obviously roads to the first lot are needed and if that is on the cul-de-sac, then that gets built too. Also essential is a safe and functional entry off County road(s). And I agree with you that we'd want to collect the escrow amount related to the first Phase. That can be determined but would include the costs of any grading, paving, curb and gutter, culverts, swales, detention pond (at least enough detention to hold the runoff from the Phase area, pond could be enlarged later). Stop sign at the access to County road —YES. Mailbox —assuming the people get mail. It goes on and would be specific to the site. Do you need more? A meeting to identify the specifics might be in order, or he could send a marked up set of plans and we could respond. Donnie? David Bauer Weld County Public Works From: Brad Mueller Sent: Tuesday, August 07, 2007 10:41 AM To: David Bauer Subject: Developer request -- PF-1102 Deer Meadows Dave, Drew originally worked with me on this, if case you need to get some history from him. PF-1102 is a 17-lot PUD located out by Barnesville. It has gone through BCC hearing (last Fall), but hasn't been recorded. The owner is purposefully holding off on recording because of the market. There are some logistics I have to work with him on, but he has a proposal that I want to run by and discuss with you. 08/14/2007 Page 2 of 2 Basically, he would like to build a part of the subdivision as a "Phase I." I'd like to discuss with you if this is even possible, due to drainage, need for a cul-de-sac head, etc. If we can work with him, great, but I have my doubts. Basically, to do this would require recording of the plat and surety for the whole, which may be a deal-killer anyway. However, I explained these requirements to him once, and he still seems to want to pursue this phasing idea. I'll give you a call. Brad 08/14/2007 Page 1 of I Brad Mueller From: Brad Mueller Sent: Thursday, June 21, 2007 9:45 AM To: 'Mimi Somermeyer' Cc: Anne Johnson of Todd Hodges Design, LLC; Brad Mueller Subject: Deer Meadows subdivision (Weld) -- I.A.s Mimi, I have just discovered that I never received a copy of the exhibits for the three Improvements Agreements associated with this project (Deer Meadows, Weld File No. FP-1102). I have an e-mail exchange between you and Jesse Hein, but the attachments were not included. Could you please forward these exhibits for my records. As an update, you may not be aware that Jesse has resigned from the County to work for Golden. In the interim, you can contact Dave Bauer in Public Works for any follow-up. Also, I talked with Ed Flynn, the owner, and Ed indicated that it may be awhile before they record the plat. He'll have to ask for an extension in October, but otherwise this should be fine. We'll just get our records in order an put them on the shelf. Thank you for you help with the Improvements Agreements exhibits. Brad Mueller Weld County Planning Services 970-353-6100 x3572 07/03/2007 • • Page 1 of 2 Brad Mueller From: Brad Mueller Sent: Thursday, June 21, 2007 9:40 AM To: 'Anne Johnson of Todd Hodges Design, LLC' Subject: RE: Deer Meadows Anne, Do you actually have original signed copies of 3 separate Improvements Agreements? Just checking —some notes indicate there are 3. I discovered I don't have electronic copies of the Exhibits. I'm going to ask for them from Mimi Somermeyer, but if you've got them, I'd take them. I talked with Ed yesterday. He is going to be waiting quite some time to record the plat, which is fine. He'll have to ask for an extension come October ii, when the 1-year approval concludes. IS Hope all is well, Anne. Best regards, Brad From: Anne Johnson of Todd Hodges Design, LLC [mailto:annejohnson@gwest.net] Sent: Monday, March 19, 2007 7:47 AM To: Brad Mueller Cc: Steve Stencel - Intermill; Todd Hodges Design, LLC; Ed Flynn Subject: Re: Deer Meadows Importance: High Brad, The Mylar is completed and at Intermill. It has been signed and is ready to be recorded. We have the Improvements Agreeement and are waiting for the surety from Ed Flynn. According to our records, these three items are all that is left to complete. Please advise if your records indicate otherwise. Sincerely, Anne Best Johnson, AICP Todd Hodges Design, LLC 970-613-8556 fax: 970-613-8775 This message and the attached documents are for the sole use of the intended recipient and may contain confidential and privileged information. Any unauthorized review, use, dissemination, copying, or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply email or by telephone (970-613-8556) and destroy all copies of the original message. Thank you. Original Message From: Brad Mueller To: Anne Johnson of Todd Hodges Design, LLC Sent: Monday, March 12, 2007 9:10 AM Subject: Deer Meadows 06/21/2007 • • Palle 2 of 2 Anne, I've been getting strange calls from Public Works indicating that they are being asked to conduct final inspections on the Deer Meadows site, but, by my records, the plan and Improvements Agreement, etc., aren't yet finalized and recorded. Can you give me an update of where we are with that project? By my records, we just need the surety and IA, as well as the mylar of the plat. Thanks! — Hope all's going well with you. Brad 06/21/2007 • • Page 1 of 2 Brad Mueller From: Jesse Hein Sent: Tuesday, April 24, 2007 11:31 AM To: Mimi Somermeyer Cc: Brad Mueller Subject: RE: PF-1102 Deer Meadows Cluster - FINAL REVISION TO COST ESTIMATE Good morning Mimi, Public Works has reviewed the revised cost estimate (Exhibit A) of the Improvements Agreement for PF-1102. The revised Exhibit A is acceptable to the Public Works Department. A revised Improvements Agreement with the modified cost estimates shall be signed and sent the Planning Services Department for review and to set up the surety for the project. Please let me know if you have any questions or concerns. Jesse From: Mimi Somermeyer [mailto:mimi@wcecivil.com] Sent: Thursday, April 19, 2007 9:43 AM To: Jesse Hein Cc: 'Mary Wohnrade'; 'Todd Hodges @ Todd Hodges Design, LLC'; 'Anne Johnson of Todd Hodges Design, LLC' Subject: PF-1102 Deer Meadows Cluster - FINAL REVISION TO COST ESTIMATE Jesse, Attached for your review and use is one Excel file containing 3 tables which consist of FINAL REVISED cost estimates (Exhibit A) for the Improvements Agreements for the referenced project. Three separate tabs in the Excel file each contain a spreadsheet (Exhibit A): one for WCR70, one for WCR61.5, and one for Tannehill Trail. We identified some redundancies and errors on the previous version that Weld County has. Please provide us with a written verification that you have received this and that you accept it. Please contact me or Mary Wohnrade if you have any questions or concerns. Thank you, Mimi Somermeyer, P.E. 970-227-2144 WOHNRADE CIVIL ENGINEERS, INC. Colorado Office: 1269 N. Cleveland Avenue Loveland, Colorado 80537 Toll Free: 888-381-2745 Email: rnmi@wcecivil.com 04/24/2007 3I2l - E.r.,,..:_S2.,.j .: vim.. 1269 North Cleveland Avenue Loveland, Colorado 80537/(979)613-8556 Letter of Transmittal Date: 20-Mar-07 To: Brad Mueller, Weld County Planning Services Project: Deer Meadows Final Plat Letter of Credit Via: Fax _ UPS Mail Overnight Pick Up Courier Hand Deliver We Transmit for your: Informatior Files • Approval Correction Signature Return Number of Copies: , Number of Pages: Remarks: Brad. Please let either Todd or I know if this will work. Thanks, Anne FROM: Todd Hodges Design, LLC .t �. 3� a -----v. Lt d E or Cpff vrr rs iviD 4 c-tAi•ey$-h4J• • d 9LLSCL90L6 OT1 NOIS34 BROOCH (inn! ei.c:an in n7 _lei 0 P kCIfiC IN1;9NATI]NA1 MORTGAGE March 6, 2OO7 Board of County Commissioners - - _ - Attn-: Clerk of the Board- - ----- - ---- -- - -- P.C. Box 758 Greeley, CA 8O632 To Whom It May Concern: We hereby acknowledge and inform the Board of Country Commissioners that Pacific International Mortgage has closed on a Line of Credit in the favor Rocky and Jean Tannehill, of Trinity Properties, L.P. for the sum of $975,000.00 (nine hundred and seventy five thousand dollars and zero cents). It is our understanding that a portion of the funds are slated to be used in the development of the Deer Meadows Project in Gill, Colorado. This line of credit is automatically extended without amendment for 15 years. Please feel free to contact me if you need additional information. Yours truly, Cindi Farnam Certified Mortgage Planning Specialist 425-828-1669 Direct Line Kt8?(LG 5808 Lake Washington 31 Suite: Kirklai2.1454 920. Phone 425.576.201 Foe 425.576.531 WEST SPA-1 4700 42nd AvenJe SI Suite 5 Seattle,V A 9811 °hone?06.932.1a: Fax 205.801 571 W W W , P I M L O A N S . C O M Z.d 9LLSSl90L6 DTINJIS30 S3OOOH (mop ezo:an JO 07 .Ie 1269 North Cleveland Avenue Loveland,Colorado 80537/(970)613-8556 Letter of Transmittal Date: Feb. 22,07 To: Brad Mueller Project: PF-1102: landscape plan for recording Via: Fax UPS Mail Overnight Pick Up Courier Hand Deliver X We Transmit for your: Information Files Approval Correction Signature Return Recording X Number of Copies: 1 Number of Pages: Z. inchuding Transmittal Remarks: Brad, attached is the original Landscape plan with minor changes based on your voice message. Also attached is a check#4691 in the amount of $10.00 for the recording fee as indicated. Please contact me if you have any questions or need further information. Todd Hodges Design, LLC • • Page 1 of 2 Brad Mueller From: Anne Johnson of Todd Hodges Design, LLC [annejohnson@gwest.net] Sent: Wednesday, February 07, 2007 10:59 AM To: Brad Mueller Cc: Ed Flynn; Steve Stencel - Intermill Subject: Re: Deer Meadows Brad, Thanks for the update. The Covenants should have been delivered to you yesterday, or they are in the mail. I'll forward this to Ed Flynn. We have the signed Improvements Agreement and are waiting for final form of Credit from Ed. I'll forward this to Steve Stencel regarding the plat. I'll look at the Landscape Plan items. Thanks, Anne Best Johnson, AICP Todd Hodges Design, LLC 970-613-8556 fax: 970-613-8775 This message and the attached documents are for the sole use of the intended recipient and may contain confidential and privileged information. Any unauthorized review, use, dissemination, copying, or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply email or by telephone (970-613-8556) and destroy all copies of the original message. Thank you. Original Message From: Brad Mueller To: Anne Johnson of Todd Hodges Design, LLC Cc: Steve Stencel ; Brad Mueller Sent: Wednesday, February 07, 2007 10:54 AM Subject: RE: Deer Meadows Anne, I've looked at the revised plat, and all other documents. Let me summarize where we are on all items: • Landscape plan is fine on 11" x 17". If it can be added to the plat, that would be consistent with how some past plats have been recorded, but we've also had them recorded separately, and some PE's object to having them on the plats that they certify. If you go with the 11" x 17", please check on what the right recording fees would be. • There are a few edits to the landscape plan. In the title, add "PF-1102", as well as the S-T-R info. The top (westernmost) Kentucky Coffee Tree appears to be right where the ped shelter is, so you may want 02/07/2007 • • Page 1 of 2 Brad Mueller From: Brad Mueller Sent: Wednesday, February 07, 2007 10:55 AM To: Anne Johnson of Todd Hodges Design, LLC Cc: Steve Stencel; Brad Mueller Subject: RE: Deer Meadows Anne, I've looked at the revised plat, and all other documents. Let me summarize where we are on all items: • Landscape plan is fine on 11" x 17". If it can be added to the plat, that would be consistent with how some past plats have been recorded, but we've also had them recorded separately, and some PE's object to having them on the plats that they certify. If you go with the 11" x 17", please check on what the right recording fees would be. • There are a few edits to the landscape plan. In the title, add 'PF-1102", as well as the S-T-R info. The top (westernmost) Kentucky Coffee Tree appears to be right where the ped shelter is, so you may want to either show the ped shelter to ensure no conflict, or move the tree. With these changes, please provide a recordable copy and fees. , • The draft plat looks really good. Just a couple corrections— First, the Right to Farm should be "Right to Farm Statement" not"Covenant." Second, there is a mistake in my original October 13 comments. Items 3, 5, 6, and 7 (but not 4) on Page 8 should in fact be notes on the plat. These should be added to the plat as notes number FF, GG, HH, and II. I know that is going to create a spacing problem for your engineer, and I apologize for the mistake and the inconvenience. Third, the two "retention" pond on Sheet 2 should in fact be "detention" ponds. (This was a typo in Public Works' original comments; our mistake.) With these changes, please provide a recordable mylar, and fees. C • The Improvements Agreement, per Public Works, is approved, but I need an executed copy and surety, so that I can present those to the Board. As you know, we can't record the plat until we've done this. • I also need a signed, recordable copy of the CC&R's (which are approved), and fees. That should do it! Please call with any questions. Brad From: Anne Johnson of Todd Hodges Design, LLC [mailto:annejohnson@gwest.net] Sent: Monday, February 05, 2007 9:29 AM To: Brad Mueller Subject: Deer Meadows Brad, Hello. Todd is away and asked me to follow up on the Landscape Plan issue. Can this be recorded separately on an 11 x 17 inch piece of paper, or does it need to go on the Final Plat mylars? Thanks, Anne Best Johnson, AICP Todd Hodges Design, LLC 970-613-8556 fax: 970-613-8775 02/07/2007 • • Page 2 of 2 This message and the attached documents are for the sole use of the intended recipient and may contain confidential and privileged information. Any unauthorized review, use, dissemination, copying, or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply email or by telephone (970-613-8556) and destroy all copies of the original message. Thank you. 02/07/2007 1 OTIS, COAN & STEWART, LLC Attorneys and Counselors at Law " 4 Weld Count- Planning Department S:? ELEY OFFICE Lb) 0 y 2007 G. Brent Coon 8 gbcoan@ocslaw.com RECEIVED January 31, 2007 Brad Mueller Weld County Department of Planning 918 10th Street Greeley, CO 80631 RE: Deer Meadows Cluster P.U.D. Dear Mr. Mueller: This letter is sent at the request of Anne Best Johnson of Todd Hodges Design, LLC. At her request, I have reviewed a Surface Use Agreement that Trinity Properties entered into with the oil and gas and other mineral interests associated with the above referenced project and associated with the rights of the surface owner to install a fence for possible satisfaction of condition 2(y) of the approval of the project. The Surface Use Agreement with the oil and gas companies and other mineral interest does not provide the right or ability for the surface owner to install a fence around any of the oil and gas operations on Outlot A or otherwise. The installation of any such fence would require the written consent and/or the amendment of the Surface Use Agreement which I believe to be unlikely. Should you have any other questions or concerns, please do not hesitate to contact me. Sincerely, G. Brent oan /gh 1812 56th Avenue/Greeley.Colorado 80634/Telephone:970-330-6700/Fax:970-330 2969/Mena:303-659-7576/www.ocslaw.com • • Page 1 of 2 Brad Mueller From: Brad Mueller Sent: Tuesday, January 09, 2007 3:13 PM To: Steve Stencel Cc: Anne Johnson; Brad Mueller Subject: RE: Deer Meadows Steve & Anne, Thank you for your note. As Anne is aware, the Board yesterday waived the condition dealing with wells. To answer your questions: 1) The landscape plan can be recorded separately. Make sure the draft you submit includes a title block that can be found during future title searches for the property. 2) OK 3) The utility board made the point that the easement along the County Road needs to also cross the west end of the island. That is, where the interior road meets the County Road, an easement is provided in the road by virtue of the ROW, but the same is not true in the island. 4) Thanks. I"Il look forward to getting the revised draft plat and landscape plan. Those will likely address the remaining outstanding conditions, and we should be good to go at that point. Thanks, Brad Mueller Weld County Planning From: Steve Stencel [mailto:intermill@gwest.net] Sent: Wednesday, January 03, 2007 12:17 PM To: Brad Mueller Cc: Anne Johnson Subject: Deer Meadows Hi Brad, This is in response to your email dated 12-20-2006. I just have a few questions for clarification. 1) It appears that there is a separate exhibit for the landscape plan. Do you want this on the final plat or can it stand alone as a separate document? In my opinion, I think it should be by separate document as to not clutter the final plat. What do you think? 2) The pedestrian shelter location has been verified and is out of the 20' setback. 3) I'm not sure what utility easement your referring to on the west end of the island (tract 3). To my knowledge there is no easement in tract 3. What would this easement be used for in particular? 4) I have cleaned up the island geometry labeling for clarification. The L3 and L5 label refers to the bearing and distance for the island as laid out by the engineer. The labels for these are found in the line label table. I have addressed the other issues as they pertain to the final plat. We are working on the oil/gas shading comment but will be self explanatory once resolved. Thanks for your time and help on this Brad. Hope to hear 01/09/2007 • • Page 2 of 2 from you soon. Steve Stencel Intermill Land Surveying, Inc. 1301 N. Cleveland Avenue Loveland, CO 80537 Phone: 970.669.0516 Fax: 970.635.9775 Email: intermill@gwest.net NOTICE: USE OF THIS ELECTRONIC MEDIA BY ANYONE OTHER THAN INTERMILL LAND SURVEYING, INC. SHALL BE AT THE SOLE RISK OF SUCH USER AND WITHOUT LIABILITY OR LEGAL EXPOSURE TO INTERMILL LAND SURVEYING, INC. BY SAVING THESE FILE(S), USER ACCEPTS RESPONSIBILITY FOR THIS ELECTRONIC MEDIA. 01/09/2007 • • Page 1 of 1 Brad Mueller From: Peter Schei Sent: Wednesday, January 03, 2007 1:13 PM To: Mimi Somermeyer Cc: 'Mary Wohnrade'; annejohnson@gwest.net; Brad Mueller; David Bauer; Jesse Hein Subject: PF-1102 ... RE: Deer Meadows Cluster PUD Improvements Agreements Importance: High 03-Jan-2007. Good Afternoon, Mimi: Thank you for your patience. I have quickly reviewed the resubmitted Improvements Agreements - cost estimates (Exhibit A), which are reasonable. Public Works is in agreement and accepts the Improvements Agreements cost estimates for PF-1102 Deer Meadows Cluster PUD. Copies will be retained in our case file. A formal memorandum will not be sent out wrt this item, but I will copy the case file and Public Works staff for the record. Additionally, I have copied Brad Mueller (Planning), since this case is administrative review. Please let me know if there is anything else that I can assist you with in wrapping up this development case for final plat. Have a nice day, Peter. HAPPY HOLIDAYS Peter SCHE(P.E.,N.S.P.E. Public Works Deportment Weld County 01/09/2007 itt:r4 MEMORANDUM In ' TO: Brad Mueller, Planning Department DATE: 3-January-2007 eFROM: Jesse Hein, Public ,.�ment COLORADO SUBJECT: PF-1102 Deer Meadows Cluster PUD (Final Nat-sign off) Weld County Public Works Department has reviewed these final plan materials and has the following development referral comments. Comments This memorandum is a follow up to comments dated August 1, 2006. Public Works has received revised materials and has the following comments. ❑ Public Works has received the three (3) sets of construction plans which are signed, stamped and dated. These plans are revised to meet previous comments and are acceptable to the Public Works Department. ❑ Public Works has received a revised Road Maintenance and Improvements Agreement with attached cost estimates (Exhibit"A") dated December 12th, 2006. This updated agreement has been reviewed and is acceptable to the Public Works Department. ❑ This completes requirements requested by Public Works. Recommendation ❑ The Public Works Department effectively `signs-off on this development with no recognized issues. Any issues shall be resolved with Public Works prior to recording of the final plat. PC: PF-I 102 Deer Meadows Cluster)PUD(Final Plat-sign MD Email&Original:Planner:Brad Mueller PC by Post: Applicant: Todd Hodges Design,LLC PC by Post: Engineer:Mary Wohnrade,P.E., Wohnrade Civil Engineers,Inc Page 1 of 1 Gec 2UUb 12 :U6?M No. Ub2 F . OFFICE OF THE SECRETARY OF STATE OF THE STATE OF COLORADO CERTIFICATE I, Ginette Dennis, as the Secretary of State of the State of Colorado, hereby certify that, according to the records of this office, Deer Meadows Homeowners Association,In:. is a Nonprofit Corporation formed or registered on 10/27/2006 under the law of Colorado, has complied with all applicable requirements of this office, and is in good standing with this office. This entity has been assigned entity identification number 20061439711 , This certificate reflects facts established or disclosed by documents delivered to this office on paper through 11/30/2006 that have been posted, and by documents delivered to this office electronically through 12/05/2006 @ 12:03:19 . I have affixed hereto the Great Seal of the State of Colorado and duly generated, executed, authenticated, issued, delivered and communicated this official certificate at Denver, Colorado on 12/05/2006 @, 12:03:19 pursuant to and in accordance with applicable law. This certificate is assigned Confirmation Number 6647967 , P. • V I htefrnio PC 4:O Secretary of State of the State of Colorado End of Certifical Nonce'el cerrlecare Lined Stemmed/Iv from the Colorado Secretary aWWien''s Web amass&Ii,and immedfwejy valid and effecnn, However, as an option,the Instance and vaJldly of a reryllcate obtained electronically may be establkhed by visiting she Certificate Confirmation Page of the Secretary of State's Web sW, itkajaww..*n$twe.co vs/bLM.erttykweSearchfiuritedn entering the cenlfkaten cagftrntcdon number displayed on the certificate. and following the hrenwcnons displayed. Crm5redrnq the limaue ofa certificate u merely amionaLand le not laanuary to rho valid and effecavr issuance of a=auk Forman information,vlsn our mfr slit hnpr/Mwrw.aw.nate.co.vs/c1kk:wines Center and:ekes"Frequently Asked Question. CSRT OS_D Revised 09/22/2005 £ d 9LL8£190L6 217 cnnnu ,� - c7Catte 9)a1Cey cthchooIs WELD COUNT( DISTRICT RE-7 P.O. BOX 485 - KERSEY. COLORADO 80644 - 970/336-8500 - FAX 970/336-85 I I E.GLENN MCCLAIN,SUPERINTENDENT Weld County Planning Department GREELEY OFFICE DEC 2 8 2006 RECEIVED December 19, 2006 Weld County Planning Department 918 log' Street Greeley CO 80631 RE: Land Dedication—Trinity Properties LP—PF-1102 (Deer Meadows PUD) Platte Valley Schools is in receipt of$12,750.00 which reflects cash-in-lieu payment for seventeen new residential lots on the above referenced property. Sincerely, Lo. yer Executive Secretary cc: Ed Flynn Trinity Properties, LP 356 Foxenwood Drive Santa Maria, California 93455 cc: Todd Hodges Design, LLC 1269 North Cleveland Avenue Loveland, Colorado 80537 (6/7C c�c7cc'mo t. .. . ui// `/m i1 0it fit. • • av u m v...f� r 7�✓t> i r: r' ;{} G .f' Via. ' November 13, 2006 Mr.Brad Mueller Weld County Planning Services 918 10th Street Greeley,CO 80631 RE: Deer Meadows,PF-1 102 and PZ-1102 Dear Mr. Mueller: We hereby request a meeting with the Board of County Commissioners regarding the aforementioned land use planning cases. The reason for this meeting is to remove Conditions that require the developer to have all 19 well permits purchased prior to Recording the Final Plat. The approved Augmentation Plan does not require pre-purchased well permits. Further,the developer does not want to purchase well permits and risk permit expiration based on inactivity due to market changes,or changes to the permits due to location preferences based upon future lot owners and lot development plans. Our meeting is in regard to the following Conditions of Approval: 1. PZ-1102 a. At the Time of Final Plat Submittal i. Page 12 item 6H: The applicant shall submit well permits for the 19 proposed wells and the water court decrees for the Augmentation Plan to replace depletions from the wells. 2. PF-1102 a. Prior to Recording the Final Plan i. Page 5,item 1I: The applicant shall submit well permits]for the 19 proposed wells and the water court decrees for the Augmentation Plan to replace depletions from the wells. The Augmentation Plan was provided to you on October 27,2006. We propose that these conditions be removed from both case resolutions/staff comments and that the following Development Standards stand in place: 1. PZ-1102 a. 2G,Page 6,"Water service shall be obtained from individual wells." 2. PF-1102 a. 2G,Page 6, "Water service shall be obtained from individual wells." Please contact me at your earliest convenience regarding the available meeting dates and if you need any further information. Sincercl)i • Todd A. Hodges,Principal Todd Hodges Design,LLC Electric copy: Ed Flynn 126i`tulit C.LevcItirl re.lie.it: G L-rritani:. ,..oiorti4i08'05.3"7 a fi :r:l.f:f-e.":.+',, R .7(.9.6.r.:74.!..75 • • Page l of 1 Brad Mueller From: Forrest Leaf[forrest_leaf@gwest.net] Sent: Tuesday, November 14, 2006 5:02 AM To: 'Todd Hodges @ Todd Hodges Design, LLC'; Brad Mueller Cc: annejohnson@gwest.net; 'Andy Jones'; 'Flynn' Subject: RE: request for meeting with BCC Todd: Sorry I didn't get back to you yesterday. The decree has no time limit on when the wells can be permitted and drilled. Therefore, your request to the Board to remove the condition that required all wells be permitted prior to the final plat is consistent with the decree. Forrest Leaf, P.E. Leaf Engineering, Inc. P.O. Box 336714 Greeley, CO 80633 (970) 351-0210 (phone) (970) 392-0300 (fax) forrest Leaf@gwest.net From: Todd Hodges @ Todd Hodges Design, LLC [mailto:toddhodges@gwest.net] Sent: Monday, November 13, 2006 2:24 PM To: Brad Mueller Cc: annejohnson@gwest.net; Forrest Leaf; Andy Jones Subject: request for meeting with BCC Brad: Attached is a signed letter concerning our request to revisit the condition concerning the well permits for Deer Meadows PUD. Please review and call me to schedule the meeting and let me know if you need any other information prior to going to the Board. I will be out of town most of next week for the holiday. Thanks again. Todd A. Hodges, Principal Todd Hodges Design, LLC 970-613-8556 fax 970-613-8775 11/14/2006 • • Page 1of1 Esther Gesick From: Brad Mueller Sent: Thursday, December 28, 2006 10:40 AM To: Esther Gesick Cc: Brad Mueller Subject: RE: Deer Meadows COA request Attachments: Memo BCC condition reconsidered.doc We're ready!—Bruce is OK with this request going to the Board. I had sent you the memo with the supporting info—Here's a copy to refresh your memory. Let me know if you need me to send it to you again with the attachments. Thanks, Brad From: Esther Gesick Sent: Wednesday, November 29, 2006 2:46 PM To: Brad Mueller Subject: RE: Deer Meadows COA request Will do...just let us know when you're ready! From: Brad Mueller Sent: Wednesday, November 29, 2006 2:41 PM To: Esther Gesick; Bruce Barker Cc: Brad Mueller Subject: Deer Meadows COA request Esther, I'm afraid I've confused the issue by sending this memo to you(hard copy sent in mail today). I hadn't remembered/realized that a copy of the water info had been sent to the Attorney's Office for review first. So until we hear back from them, please hold off on scheduling this with the Board. Sorry for the confusion. Brad 12/28/2006 • • Page 1 of 1 Brad Mueller From: Brad Mueller Sent: Wednesday, December 20, 2006 9:09 AM To: Todd Hodges @ Todd Hodges Design, LLC; Anne Johnson of Todd Hodges Design, LLC Cc: Brad Mueller Subject: Deer Meadows Hi Todd &Anne, Wanted to give you an update on Deer Meadows. I'm sorry that the question for the Board has taken so long to get scheduled. I think there were some communication problems with the Clerk &Attorney's office, but I should have a date for you soon. I thought it would be useful to go through the outstanding conditions with you at this point: v • 1.A. The draft plat is missing all of the changes requested by Public Works (remove Note 7, etc. — see their referral comments. ; • 1.A.3. Is there a landscape plan that is going to be provided? FYI —we've had recent debate about whether the landscape plan should be a part of the plat or not, so based on your response, we should probably talk about the formatting of this. • 1.A.4. The draft plat has two blocks for North Weld Water and is missing Poudre Valley. • 1.A.7. The draft plat doesn't include the sign plan detail indicated by this condition. • 1.A.8. Can you please verify that the pedestrian shelter is setback 20'? • Other plat items: ✓ Sheet 3: The utility easement on the west end of Tract 3 (the island) is not shown. xi Sheet 3: What is the purpose of the 4' space indicated by L3 (located in Tract 3)? What is L5 supposed to be indicating? /S• Sheet 4 (and others): The 250' oil and gas "non-buildable" radii are shown, but when they overlap lots, for some reason they are not shaded. Is the implication that these areas are buildable? The grey shading should probably either be applied uniformly, or some legend explaining shading vs. non-shading should be provided. • I.B & 1.C What's the status of the IA? What's the status of the surety? At this point, we have not reviewed any revised IA. C•r= r�• `� a� o,{•a y • 1.E— Have school fees been paid? 0 • I.F —We need a signed copy of the CC&Rs (and recording fees). • 1.1 —As discussed, we should have this before the Board soon. That summarizes where we appear to be. I'll look forward to hearing from you. Brad Any /JOTFS Tr Cfriegi pp S1711 -i��r tnf SC--z..r,d 12/20/2006 • • Page 1 of 1 Brad Mueller From: P. Andrew Jones [paj@llolaw.com] Sent: Wednesday, November 15, 2006 10:54 AM To: 'Todd Hodges @ Todd Hodges Design, LLC'; Brad Mueller Cc: annejohnson@gwest.net; 'Forrest Leaf Subject: RE: request for meeting with BCC Todd: I agree with Forrest. I see nothing in your letter inconsistent with the Augmentation Plan decree. Andy From: Todd Hodges @ Todd Hodges Design, LLC [mailto:toddhodges@gwest.net] Sent: Monday, November 13, 2006 2:24 PM To: Brad Mueller Cc: annejohnson@qwest.net; Forrest Leaf; Andy Jones Subject: request for meeting with BCC Brad: Attached is a signed letter concerning our request to revisit the condition concerning the well permits for Deer Meadows PUD. Please review and call me to schedule the meeting and let me know if you need any other information prior to going to the Board. I will be out of town most of next week for the holiday. Thanks again. Todd A. Hodges, Principal Todd Hodges Design, LLC 970-613-8556 fax 970-613-8775 No virus found in this incoming message. http://www.avg-antivirus.net/ Checked by AVG. Version: 7.5.431/Virus Database: 268.14.4/532 -Release Date: 11/13/2006 3:08 PM No virus found in this outgoing message. http://www.avg-antivirus.net/ Checked by AVG. Version: 7.5.431 /Virus Database: 268.14.6/535 -Release Date: 11/15/2006 3:47 PM 11/29/2006 • • Page 1 of 2 Brad Mueller From: Pam Smith Sent: Thursday, November 16, 2006 8:51 AM To: Brad Mueller Subject: RE: request for meeting with BCC Hi Brad, I don't either. Thanks for letting me know what's going on Pam Pam Smith I505 Program Coordinator Weld County Health Department 1555 N 17th Ave Greeley, CO 80631 ph 970-304-6415 x2211 fax 970-304-6411 psmith@co.weld.co.us From: Brad Mueller Sent: Tuesday, November 14, 2006 9:40 AM To: Pam Smith Subject: FW: request for meeting with BCC Pam, I've been discussing this in regards to PF-1102 (Deer Meadows)with Todd for a couple of weeks. I don't see any problems with the request, but I thought I'd also get your opinion. Any concerns? Thanks— Brad From: Todd Hodges @ Todd Hodges Design, LLC [mailto:toddhodges@gwest.net] Sent: Monday, November 13, 2006 2:24 PM To: Brad Mueller Cc: annejohnson@gwest.net; Forrest Leaf; Andy Jones Subject: request for meeting with BCC Brad: Attached is a signed letter concerning our request to revisit the condition concerning the well permits for Deer Meadows PUD. Please review and call me to schedule the meeting and let me know if you need any other information prior to going to the Board. I will be out of town most of next week for the holiday. Thanks again. Todd A. Hodges, Principal 11/29/2006 • C cos ,- ffx ►7 7 reGQ+'bl;a� D O aLED0 o up l` t/ D E) 0Mloho fr.' ( roz- Kentucky Coffee Tree !-- G - -4;,s.. 4o 7 --------- . — 2 / w, ait pie Robe Locust (3) Cfr ` 'f `o tie Planting Schedule Qty. Botanical Name Common Name Size Transplant type 14 Rosa rugosa species Rugosa Rose 1 gal min. container 1 Plcea pungens Colorado Spruce 5' min B&B, Tub or Root Bag / 6 Robina Purple Robe 1.5' cal min B&B, Tub or Root Bag pseudoacacia Locust 'Purple Robe' 2 Fraxinus americana Autumn Purple 1.5' cal min B&B, Tub or Root Bag 'Autumn Purple' Ash 2 Gymnocladus dioica Kentucky Coffee 1.5' cal min Tree NORTH � �J I I I I I 10 10 20 0 20 ao SCALE: 1 " = 20' Kentu y Coffee Tree Todd Hodges Design, LLC 1269 N. Cleveland Ave., Loveland, CO 80537 970-613-8556 • • . 17 7.. 1269 North Cleveland Avenue Loveland. Colorado 80537/(970)613-8556 Letter of Transmittal Weld County Planning Department GREELEY OFFICE Date: 16-Jan-07 JAW 1 7 2007 To: Brad Mueller Weld RECEIVED County Planning Services Y 918 10th Street Greeley, Colorado 80634 Project: Deer Meadows PUD Landscape Plan Via: Fax UPS X Mail Overnight Pick Up Courier Hand Deliver We Transmit for your: Informatior X Files X Approval X Correction Signature Return Number of Copies: 2 Number of Pages: 3, Including Transmittal Remarks: Brad, Please see enclosed landscape plan for the entrance island at Deer Meadows PUD Final Plat. Let me know if you need additional information. Thanks. FROM: Anne Best Johnson, Todd Hodges Design, LLC INTERMILL LAND SURVEYING, INC. 1301 NORTH CLEVELAND AVENUE LOVELAND, COLORADO 80537 Phone: (970)669-0516/Fax: (970)635-9775 LETTER OF TRANSMITTAL DATE: January 31, 2007 PROJECT NO.: Deer Meadows (Trinity Properties) PF-1102 TO: Department of Planning Services Attn.: Brad Mueller RE: Deer Meadows Final Plat (PF-1102) Paper Copies WE ARE SENDING YOU: ( X) Delivery ( ) Next Day Mail ( ) Attached ( ) Under Separate Cover THE FOLLOWING ITEMS: Quantity: Description: 2 Paper copies of Deer Meadows Final Plat (PF-1102) ( )For your use ( ) For approval (X) Reply requested ( ) For your files ( )For signature(s) ( )Please return (X) As requested (X)For review/ comment ( ) Other REMARKS: Dear Brad; Here are the paper copies for Deer Meadows Final Plat for your review. Please feel free to call me at (970) 669-0516 with any questions, or concerns. Thanks. Sincerely; INTERMILL LAND SURVEYING, INC. Steve Stencel R- Z- /.l /`1• c-.. cei - _0lwC-fe.,- - Z SS (tw so a �wtt_ - C..Z/✓In c,j�C .4V(JC..'[1... j /✓. �^'W 7 �`"" ii cp JP },t•,^wli -- r I r , ( " ,,,,,.c;4 4.,--Z Is- -r• 1 • v LE O 75 I`w'�.-\A-0- i `"e �. — O-t rite . 4'°' .r'-e-e, -{. pp -- ( r LCI 0 $%Zlm6 PA64 ,-sj iS, e� At j �- C p ._ FIELD CHECK Inspection Date: 'j /zz- ( a(n Applicant: N , roc Case #: I I n7 Request: Legal: Section: T: N R: W Location: Parcel ID #: Acres: Zoning Land Use : N , A N ' E ''l 7a E S W Comments: p V ,e r g: cam- s .4-C to r y1. �� — _:�„ Signature E House(s) E. Derelict Vehicles ▪ Outbuilding(s) = Non-commercial junkyard (list components) ▪ Access to Property = Irrigation Sprinkler ▪ Crop Productions E Crops • Site Distance E Wetlands • Mobile Home(s) E Oil & Gas Structures • Other Animals On-Site ❑ Wildlife • Water Bodies Utilities On-Site (transmission lines) LE Ditch E Topography Note any commercial business/commercial vehicles that are operating from the site. Open Space Management Plan Deer Meadows Cluster PUD Legal Description Deer Meadows Cluster PUD, part of Section 7, Township 6 North, Range 63 West of 6th P.M., Weld County, Colorado. Open Space Size in Use Identification acres - Tract 1 0.64 +/- Location of underground water tank for fire suppressant, storm water detention area Tract 2 0.21 +/- School bus stop, Group mail boxes, storm water detention area _ Tract 3 0.09 +/- Entrance landscaping and subdivision sign Outlot A 64.62+/- Agricultural Conservation Easement per Cluster Plan Criteria. Accessible to the HOA Outlot B 137.93 +/- Maintenance Responsibilities and Contact Information Tract 1—3 Any re-seeding of these Tracts will be accomplished through a contractor recommended by the West Greeley Conservation District. Application will occur through a contract by the Homeowners Association with a company experienced in applying such seed mixture. The entrance sign, school bus stop and mail boxes will be maintained by the Homeowners Association. Outlots A & B Outlots A and B will be maintained in their natural vegetative state. Any maintenance issues shall be a component of the Homeowners Association. The Greeley No. 2 Canal bordering the property on the North and West is not an on-site amenity for irrigation water resource or recreation. Irrigation canals can be dangerous and should be avoided. Lots 1 - 17 The West Greeley Conservation District and the Colorado State University Cooperative Extension Offices encourage future owners of Estate Lots to contact them for information, Colorado State University Cooperative Extension Office West Greeley Conservation District 525North 15"Avenue 4302 West 9th Street Road Greeley, CO 80631 Greeley, CO 80634 (970)304-6535 x 2073 (970) 356-8097 The current handbook, "Country Acres Resource Team A Manual for Success" developed through Colorado State University Cooperative Extension Office is available to each landowner. This handbook is a resource guide for living in unincorporated Weld County and shall be provided along with Covenants to the future lot owners at closing. This document is referenced in Covenants but shall be kept separate. Educational programs are offered to future owners. The State of Colorado Cooperative Extension Office is in the process of developing a small acreage pasture management handbook specifying best management practices. Each lot owner is encouraged to contact the Colorado State University Cooperative Extension Office to devise an appropriate lot management and grazing plan for each lot,type of animal, etc. It is important for each lot owner to know sufficient water may not be available to irrigate a small pasture for grazing without supplemental feeding. Supplemental feeding of any animal on the lots is expected. All individual pasture areas are to be kept vegetated to reduce soil erosion and weed invasion. Should noxious weeds become established, the proper eradication of such weed invasion is required immediately upon identification. The Weld County Department of Public Works has a Weed specialist that can assist in the identification, proper eradication methods, as well as preventative measures. This information is available through the Weld County Department of Public Works or through the Weld County Website. The Weld Greeley Soil Conservation District offers an extensive manual, "Landowner's Resource Manual: A Guide for Rural Living, Weld County, Colorado." Each lot owner will be provided with a copy of this manual at closing. Both agencies and publications referenced above guide land owners toward using best management practices. These practices are to be followed within Deer Meadows Cluster PUD. Any contradictory information is to be resolved with the agencies and the Homeowners Association. This Open Space Management Plan is to be adopted by the Homeowners Association, edited as necessary through time and experience, and referenced by Covenants. Contact Information: Homeowners Association: a 1269 North Cleveland Avenue Loveland. Colorado 80537/(970)613-8556 Letter of Transmittal Date: June 29, 200 To: Weld County Planning Services Project: Trinity Properties Deer Meadows Cluster PUD, Final Plat Application Via: Fax UPS Mail Overnight Pick Up Courier X Hand Deliver We Transmit for your: Informatior X Files X Approval X Correction Signature Return Number of Copies: 25 Number of Pages: Var, See description on Transmittal Remarks: Attached are 25 copies of the Final Plat Application for Deer Meadows Cluster PUD. The original contains check#565 in the amount$4,700.00 (application fees). The original and three copies contain the following information: Cover, Table of Contents, Application and Authorization Forms(4 pas.); Response to Referrals and Staff from Change of Zone with support material, Final Plat Narrative, Development Guide(14 pas.); Road Form, reduced Final Plat, Sign Plan (8 pqs.); Open Space Management Plan and O& M Plan for the Fire Tank (3 pas.); Deed, Title Commitment(9 pqs.); Soils Map and Narratives(7 pgs.); Savage&Savage Environmental letter ated 6/7/2005 (4 pgs.); Mineral Affidavit(4 pqs.); Recorded Surface Use Agreement(19 pgs.); Surrounding Property Owner List and evidence taxes are paid (4 Pos.); Three Improvements Agreements (28 eqs.); Covenants (48 pas.); Will Serve Letters (2 pas.): Landscape plan for entrance (1 page); Final Plat(6 sheets); Copy of recorded Change of Zone Plat(2 sheets); Engineering Plans (25 sheets); two bound engineering documents—Stormwater Management Plan and Drainage Design Considerations. Twenty-one reduced packets are attached and contain the items specified on the Tables of Contents. Please contact us at your earliest convenience with questions and a date for the Utility Board hearing. We look forward to working with you. FROM: Todd A. Hodges, ASLA Prinicpal, Todd Hodges Design, LLC Todd Hodges Design, LL C Deer Meadows Final Plat Application Cluster/Non Urban Planned Unit Development (specific guide) Prepared for: Trinity Properties, LP Ed Flynn 356 Foxenwood Drive Santa Maria, California 93455 Prepared by: Todd [lodges Design, LLC 1269 North Cleveland Avenue Loveland, Colorado 50537 Submitted: June 29, 200G 1269 North Cleveland Avenue • Loveland. Colorado 80537 • (970) 613-8556 • fax: (970)613-8775 email: toddhodgesdesign(aearlhlinlr.net PLANNED UNIT DEVELOPMENT (PUD) FINAL PLAT APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT#/AMOUNT# 1$ CASE#ASSIGNED: r - i I 0"-- APPLICATION RECEIVED BY PLANNER ASSIGNED: Parcel Number 0799 07 000025 (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 pt. , Section 07 ,Township 06 North, Range 63 West Property Address(If Applicable) Existing Zone District :AG Proposed Zone District: PUD Total Acreage:.30311 Proposed#/Lots 17 Average Lot Size:5.it 1 acres Minimum Lot Size 5dEacres Proposed Subdivision Name:Deer Meadows PUD Proposed Area (Acres) Open Space: 0.9 acres Is this application to be reviewed as a Cluster PUD?Yes X No_ Are you applying for an exception to the Public Water requirements? No_Yes X As allowed through Cluster PUD FEE OWNER(S) OF THE PROPERTY(If additional space is required,attach an additional sheet) Name:Trinity Properties LP do Ed Flynn Work Phone# Home Phone#N/A Email Address NA Address: 356 Foxenwood Drive City/State/Zip Code Santa Maria, CA 93455 APPLICANT OR AUTHORIZED AGENT (See Below:Authorization must accompany applications signed by Authorized Agent) Name: Todd Hodges Design, LLC Work Phone#: (970)613-8556 Home Telephone#: N/A Email Address: toddhodgesdesign(cr�qwest.net Address: 1269 North Cleveland Avenue City/State/Zip: Loveland, CO 80537 UTILITIES: Water: . - Wei l< Sewer: Proposed Septic Gas: LP Electric:Homelight Division Phone: Qwest DISTRICTS: School: Kersey School District Fire: Galeton Fire Protection District Post: Gill 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. Signatu : Owner or Authorized Agent Date Signature: Owner or Authorize Agent Date • Trinity Properties, LP Ed Flynn 356 Foxenwood Drive Santa Maria, California 93455 To Whom It May Concern: Please be advised that I, Ed Flynn, /', S , Trinity Properties, hereby authorize Todd Hodges Design, LLC, to represent Trinity Properties in our endeavor to subdivide our property located in part of Section 7, Township 6 North, Range 63 West of 6th P.M., Weld County, Colorado. S*1:01/ Y—7-6'6 Ed F date Deer Meadows Cluster/Non Urban PUD Final Plat Narrative 27-7-30.A. A recorded change of zone plat which delineates the proposed uses is attached. 27-7-30.B. A Certificate of Title is included in submitted application materials. 27-7-30.C. A Certificate of Title covering all public dedications is not applicable to this application. 27-7-30.D. A Deed is included in application materials. 27-7-30.E. A tax statement from the Weld County Treasurer's office in included in submitted application materials. 27-7-30.F. A Certificate from a qualified engineer in the State responsible for the design of the utilities is not applicable to this application. 27-7-30.G. Deed restrictions are not applicable to this application. 27.7-30.H. An improvements agreement according policy regarding is included in application materials. 27-7-30.I. Review of this proposal by Weld County Public Works has insured the street system serving this PUD is adequate. 27-7-30.J. A separate off-site road improvements agreement proposal is not applicable to this application. 27-7-30.K. An improvements agreement according policy regarding collateral, including the construction schedule is included in application materials. 27-7-30.L. A Letter of Credit in the amount of the improvements will be presented for acceptance to the Board of County Commissioners. 27-7-30.M. A certified list of surrounding property owners is included herein. 27-7-30.N. A Mineral Affidavit is included in application materials. 27-7-30.O The Deer Meadows Cluster/Non Urban PUD is in compliance and meets criteria as set forth in the Change of Zone application materials and Board of County Commissioner's Change of Zone Resolution. This proposal has been reviewed under the specific guide. 27-7-30.P. The Final Plan map is included in application materials. 27-7-30.Q. A landscape plan is included in application materials. 27-7-30.R. A utility map is included in application materials. Deer Meadows Ciuster/1'Non Urban PUD Response to Change of Zone Referral Agency Comments This portion of the application materials for the aforementioned Final Plat will respond to comments received with the Change of Zone Referral Agencies and those items listed as requirements for submitting the Final Plat application. Sign Plan and Landscape Plan The sign plan was submitted with the Change of Zone application materials and is submitted herein with Final Plat application materials. Placement of the entry sign is specified on the Final Plat. Landscaping is illustrated on the attached landscaping plan. United States Postal Service The applicants received approval of the street name, addressing and mailbox location. Evidence is included herein. Specifications are included in attached application materials. The address list prepared by Weld County Building Inspection is included in application materials. Groundwater A letter from TerraLogics Consulting dated March 14,2006 is included with Final Plat application materials. Weld County Planning, Department of Public Health and Environment, Public Works A Manure and Stormwater Management Plan for the arena on Outlot A is not applicable as an arena will not be located on Outlot A. Open Space Management Plan and Operation and Maintenance Plan for Fire Suppression Water Tank These plans have been developed and are included in application materials. 1 Trinity Properties, LP Ed Flynn 356 Foxenwood Drive Santa Maria, California 93455 Postmaster Judy Reeve(Gill) Via Postmaster Bob Huggins(Eaton) United States Postal Service Eaton, Colorado 80615 RE: Trinity Properties, Deer Meadows PUD, located in part of Section 7,Township 6 North,Range 63 West of 6th P.M.,Weld County, Colorado. Dear Postmaster Reeve and Huggins, A Condition of Approval to submit our Final Plat application is that we provide evidence to the Weld County Department of Planning Services that the appropriate Post Office has approved the mail pull-off and"gang-box"style location. In addition,the Weld County Department of Planning Services is requesting design standards for the"gang-box"style common mail boxes. Postmaster Reeve at the Gill Post Office requested Postmaster Bob Huggins review and approve the locations as well as provide the design standard information. Mr.Huggins' signature at the bottom of this letter is evidence of approval as illustrated on the Final Plat. Sincerely, ti Post Master Huggins Date Eaton Post Office United States Postal Service Enclosure: Final Plan DEER MEADOWS i • oer: l odd Hodges PZ-1102 (Change of Zone from A to PUD) Trinity Properties LP PT 7-6-63 Planner: Sheri Lockman ZONED PUD/ESTATE IS NOT IN FLOOD PLAIN (0675C) RIF AREA #2 - NOT IN STORM/UGB AREA NORTH WELD COUNTY WATER DISTRICT INDIVIDUAL SEPTIC SYSTEMS XCEL HOMELIGHT POWER LP GAS QWEST PHONE PLATTE VALLEY SD GALETON FPD GILL PO 17 NSF LOTS - 2 OUTLOTS - 1 NON-RESIDENTIAL TRACTS Lot 1 30495 Tannehill Trail Lot 2 30529 Tannehill Trail Lot 3 30539 Tannehill Trail I of 4 30496 Tannehill Trail Lot 5 30508 Tannehill Trail Lot 6 30520 Tannehill Trail Lot 7 30530 Tannehill Trail Lot 8 30888 Tannehill Trail Lot 9 30869 Tannehill Trail Lot 10 30859 Tannehill Trail Lot 11 30840 Tannehill Trail Lot 12 30850 Tannehill Trail Lot 13 30860 Tannehill Trail Lot 14 30870 Tannehill Trail Lot 15 30880 Tannehill Trail Lot 16 30889 Tannehill Trail Lot 17 30879 Tannehill Trail 12/13/05 Lin Dodae I nca�. Q 0x3E'a ;ibis T�rinchsYi S70-35J“2SZ1' F:. t ;. I 1 Post-11'Fax Nola 7871 °°41//005- 1;r:rilp f I I , , ,.,.... ,.......„ ...,4.. .,.„..,._. PtIono+ Pner+o ii- 324-47, 10 3` 4 • Mw+� Ii FV` -QT Fe2. 3 -gam/ i y TFtKCT I CIEER MEADOWS P.U.D.!g` 1r LANDSCAPED illi i , ' E i i I AA5HTQ LARGE SCHOOL 9U5 MINIMUM TURNING PATH MINIMUM TURNING 17ApIUS• 25.4' 1 16.0' 81514,0' i EXIST1NC CORE GRAVEL RpK► r 4.0 `'�1 ,• - - - .\''� { 1 61196.0- 1 —-I . - . �''�1 R320' — ....... D, �4iw '' R25.0' MINI11Uu TURNING RAOW54 .79.4' �` ""~ R198.0'1D.0 8196,0' i i TURNOUT FOR MAIL!>JDX afOP—OFF • I TRACT 2 PROPOSED cOOc OF SHOULDER C 1 ; PROP050 i l I 1 HOULDEFt I i i i ; , 1, , t ! i . . 60 0 so 120 180 Feel I N C ,NT ) ' ' 1 inch —. 60 f. �_`,Mee DEER MEADOWS P.U.D. 1 1 "" EXHIBIT q +uwme cnnt ewowE�a rr . emit tr—" SCHD L BUS (4) - IN-ir MINIMUM ATURNAROUNDREA FOR Ef ""°' "��'�� e. C-:le" fil` ". r- * 4 °)g( • P.O. Box 7676 erra Phone: 470-663-7480 Loveland,Colorado 80537-0676 svics Fax:970-667-9959 � :� :;�� Consulting, LLC Un)'C% , c yci •NnrMrn?CulnrnAu- March 14, 2006 Trinity'Properties, LP C/o Ed Flynn 356 Foxwood Drive Santa Maria, California 93455 RE: Ground Water Discussion Deer Meadows PUD Weld County, Colorado Job No. 06-1052 Mr. Flynn, We were requested by Todd Hodges to address issues presented in a draft resolution regarding ground water conditions and basement and crawl space level construction for the proposed development. Ground water information was based on our Engineering Geology Report, Job No. 05- 1052, dated May 23, 2005 that we prepared for the proposed development. During our field exploration we observed ground water in six of the seven exploratory borings. Ground water levels on building lots in TH-I, 3, 4, and 5 ranged from approximately 9 feet to 17-%z feet. No ground water was observed in TH-2. The shallowest ground water level on a building lot was 9 feet on Lot 17. TH-6 and TH-7 were located in the centrally located swale where no lots are proposed. Ground water depths were approximately 1-'/2 feet and 3-'A feet in TH-6 and TH-7, respectively. The Greeley Ditch No. 2/North Side Lateral borders the north end and parts of the west and east sides of the property, in most cases several hundred feet from the lots. Water was not flowing in the ditch on May 13, 2005 when the report was prepared. Water from irrigation and ditch seepage are the most likely contributors to the ground water at this site and ground water is expected to rise to some degree during those activities. Maximum seasonal ground water levels typically peak near the end of irrigation season. A 2-foot to 3-foot rise in ground water levels may be expected during this time. An excavation of 7 feet deep is required for most typical basement level construction with 8- foot high foundation walls. Raising a building site with fill material could create basement levels where excavations penetrate only one foot of native soil. Engineers often prefer a buffer distance from basement floor levels to observed ground water levels of at least 3 feet. Assuming TH-3 has the shallowest ground water, and a 3-foot rise in ground water, an excavation would be limited to about 3 feet deep in the area of the exploratory boring. TH-3 was not drilled at the highest topographic point on the proposed lot. Actual building sites had not been selected when this report was prepared. e-mail: terralogics@att.net • • Ground Water Discussion Job No. 05-1053 Page 2 In conclusion, ground water levels observed in most of the borings at building lots appear to be acceptable for conventional basement level construction.. Site grading can raise the ground surface at a building site to create basement level suitability. At the time this letter was written, building sites had not been selected for each lot. Construction depths may be limited on some lots at the north end and in some areas of other lots. Topography varies throughout each lot. Owners and contractors should consider ground water issues and site topography when selecting the location of each structure. Site-specific geotechnical explorations, which should address ground water conditions and recommendations for each building site, should be required prior to construction. If you have any questions concerning the information provided in this letter, please contact our office. Sincerely, <A ��1111q(j Terra Logics Consulting, LLC ��.$Foc PR°FEssio i e'•. a MPG /� Thomas W. Finley, C.P.G. 0•"•"•• '•.� h°-- /�° twf 14E,/eh, s w,� % e_\\-\eoc•�t 414 PROFESS100\" 2 copies sent cc: 5 copies, Todd Hodges Design, LLC, 1269 N. Cleveland Ave, Loveland, CO 80537 Deer Meadows Cluster/ Non-Urban Development PU!) Trinity Properties LP Specific Development Guide Introduction The Deer Meadows Cluster Planned Unit Development (PUD) follows Article X of Chapter 27, Weld County Code as a Cluster PUD. 'The provisions of Section 27-10-20.H allow for 17 single-family residential units to be clustered on no more than 1/3 of the total land mass. The entire site is 303.77 +/- acres. The 17 residential lots are clustered around existing site features (terrain) on 87.39 +/- acres (28.77% of the site). The road rights- of- way and open space tracts at the entry of the subdivision arc 13.83 acres (4.55% of the site). The remaining 202.55 acres (66.68% of the site) in Outlots A and B are proposed as an agricultural conservation easement for a minimum of 40 years, consistent with the Cluster PUD criteria. The property is located north of and adjacent to Weld County Road 70 and west of and adjacent to Weld County Road 63 right-of-way. This Development Guide is submitted with this application through the Specific Development Guide option and in adherence to Article X of Chapter 27, Weld County Code as a Cluster PUD. The Weld County Code Chapter 23 defines Non Urban Scale Development to include, "land used or capable of being used for agricultural purposes and including development which combines clustered residential uses and agricultural uses in a manner that the agricultural lands are suitable for farming and ranching operations for the next 40 years." This application clearly meets this definition of Section 23-1-90 "Non Urban Scale Development" in that the Cluster PUD option is to reserve 2/3 of the property as an agricultural conservation easement for a.minimum of 40 years. The proposed 17 lots range in size between 3.16 and 10.04 acres. Three tracts are placed at the western entrance of the subdivision. Tract 1 (0.64 acres), Tract 2 (0.21 acres) and Tract 3 (0.09 acres) shall be used for common open space, signage, mail kiosk and potential bus stop purposes. Evidence of approval is included in application materials. The intent of this application process is to obtain a Final Plat for the property for uses compatible with surrounding land uses, permitting 17 single-family Estate lots, open space and 202.55 acres in two agricultural outlots. The intended use of these agricultural outlots is to meet the intent of the Cluster PUD regulations and to construct agricultural buildings as necessary on each. At this time the proposal is to transfer ownership of Outlot A to the Homeowners association. The intended uses of these outlots includes pasture, a potential indoor/outdoor arena that is consistent with the agricultural zone district, and outbuildings associated with agricultural uses. The development of the site will be compatible with the architectural style of the surrounding land-uses and with the overall character of the area. This development proposes the ability of each lot to have Auxiliary Quarters as defined by Weld County Code Section 23-1-90. This definition shall be adhered to. Proposed land uses within this property include those allowed by right in both the Estate and Agricultural Zone Districts. Covenants have been provided with this application submittal and addresses items such as animal units, architectural limitations and use of Outlot A by the Homeowners Association. The following Development Guide has been prepared in accordance with Sections 27-4-20 and 27-10- 20, of the Weld County Code. 1 • Section 27-4-20.E.14. Initial impact plan addressing ail impacts this use will have on the proposed site and surrounding land uses. A listing of potential impacts is cited in Section 27-6-30 of this Chapter. (SPECIFIC DEVELOPMENT GUIDE) Section 27-6-40. Component One—environmental impacts 1. Noise and vibration 2. Smoke, dust and odors 3. Heat, light and glare 4. Visual/aesthetic impacts 5. Electrical interference 6. Water pollution Development of this proposal should not result in any negative environmental impacts, including the above listed environmental concerns. The end use of the site will be residential and agricultural. 7. Wastewater disposal All wastewater disposal on the site will be through the use of Individual Septic Disposal Systems. 8. Wetland removal To the applicant's knowledge, this proposal does not remove wetlands. A Preliminary Site Investigation prepared by Savage and Savage dated June 7, 2005 was provided with both previous application phases and is enclosed again herein. This document identified potential non-jurisdictional wetlands in the northern portion of the property. These areas are not located near the proposed lots. 9. Erosion and sedimentation 10. Excavating,filling and grading 11. Drilling, ditching and dredging Any on-site grading, drilling, ditching or dredging will be done sympathetically. The applicant has an executed surface-use agreement with the oil/gas interests on this property and is submitted herein Erosion will be kept to a minimum. Engineering documents are included with this application submittal. 12. Air pollution 13. Solid waste 14. Wildlife removal 15. Natural vegetation removal This proposal will not result in negative impacts to the above listed concerns. 16. Radiation/radioactive material To the applicant's knowledge, there are no radioactive materials located on this site. 17. Drinking water source The drinking water source is through Individual Wells through a proposed augmentation plan. Information from the County Attorney's Office and evidence of the submitted augmentation plan has been submitted with each application phase, and again herein. As stated in their referral dated August 26, 2005, the State Engineers Office with the State Division of Water Resources is aware of the pending Augmentation Plan. Case No. 04CW342 was filed in Division I Water Court in late 2004. This pending application seeks a plan for augmentation for 17 individual domestic wells and two irrigation wells. The plan would allow for the lawn and garden irrigation of up to 8,000 square feet. In addition, each well will be allowed to provide water for livestock. 2 1&. Traffic impacts The internal roadway in the PUD is designed to meet the requirements of Chapters 24 and 26 of the Weld County Code. The vehicular circulation system is to be gravel, as approved by the Board of County Commissioners at the Change of Zone. The width, depth of the roadway has been designed to meet the Weld County Public Works standards and regulations and meets the criteria for the Cluster Development Plan. The internal roadway is proposed to he maintained by the Homeowner's Association. The primary access to the subdivision is from Weld County Road 70 across from Weld County Road 61.5. The internal road, Tannehill Trail, is a thru street providing two access points. No loading zones are proposed as the use will be residential. Additionally, no off-street parking areas have been depicted as the ample lot size will adequately accommodate residential parking needs. The applicant has met with the Galeton Fire Protection District concerning the road layout and design. An eyebrow turn has been placed on the plat by Lot 17. The design of the roadway within the development is based on the existing terrain and allows the clustering of the lots on the non-productive portions of this site. The internal roadway is proposed to be gravel based on the "rural" nature of this development, access from an existing county road that is gravel and the fact that this is a "non-urban" type development based on the Cluster PUD criteria. The Weld County Code Chapter 23 defines Non Urban Scale Development to include, "land used or capable of being used for agricultural purposes and including development which combines clustered residential uses and agricultural uses in a manner that the agricultural lands are suitable for farming and ranching operations for the next 40 years." This application clearly meets this definition of Section 23-1-90 "Non Urban Scale Development" in that the Cluster PUD option is to reserve 2/3 of the property as an agricultural conservation easement for a minimum of 40 years. Each building permit issued on the property shall conform to the Weld County Road Impact Fee Program. Section 27-6-50 Component Two—service provision impacts 1. Schools 2. Law enforcement 3. Fire protection 4. Ambulance Service providers for this Planned Unit Development include the Kersey School District, Weld County law enforcement, and the Galeton Fire Protection District. The applicant has met with the Kersey School District and Galeton Fire Protection District. A school bus collection area has been designated at the western subdivision entrance as Tracts 1 and 2. The applicant will continue to work with the school district concerning the designated bus stop area. A 10,000 gallon water storage tank is proposed to be located in either Outlot A or Tract 1 for use by the Fire Department. The applicant will continue to work with the Fire Department. The property owners will be in contact with the United States Postal Service to discuss the development and will continue working with them throughout this review process. 5. Transportation (including circulation and roadways) 6. Traffic impact analysis by registered professional engineer Based on the referral from Public Works dated August 22, 2005, a traffic impact analysis by a registered professional engineer is not required. The design of the roadway within the development is based on the existing terrain and allows the clustering of the lots on the non-productive portions of this site. The 3 internal roadway is to be gravel based on the 'rural" nature of this development, access from an existing county road that is gravel and the fact that this is a "non-urban" type development based on the Cluster PUD criteria. This development adheres to the definition of Non Urban Scale Development found in Chapter 23 which includes in the definition, "land used or capable of being used for agricultural purposes and including development which combines clustered residential uses and agricultural uses in a manner that the agricultural lands are suitable for farming and ranching operations for the next 40 years." This application clearly meets this definition in that the Cluster PUD option is to reserve 2/3 of the property as an agricultural conservation easement for a minimum of 40 years. 7. Storm drainage Storm drainage will be handled on-site. A Drainage Report prepared by Wolrnrade Civil Engineers, Inc. is included in application materials. 8. Utility provisions 9. Water provisions 10. Sewage disposal provisions The drinking water source is through Individual Wells through a proposed augmentation plan. Information from the County Attorney's Office and evidence of the submitted augmentation plan were included with Sketch Plan each previous applications and are included herein. As stated in their referral dated August 26, 2005, the State Engineers Office with the State Division of Water Resources is aware of the pending Augmentation Plan. All wastewater disposal will be handled through Individual Sewage Disposal Systems. Sewage disposal for each individual residence is to be provided by an Individual Sewage Disposal System (ISDS) in accordance with Individual Sewage Disposal System Regulations — Weld County Department of Public Health and Environment. Preliminary tests suggest conventional ISDS are anticipated in most areas. Engineered ISDS will be required where fast percolating soil and shallow ground water were encountered on some lots. Site specific investigations are required for each lot to determine percolation rates and subsurface soil and ground water conditions. Please find a letter from TerraLogics Consulting dated March 14, 2006 attached. Section 27-6-60 Component Three—landscaping elements 1. Landscape plan 2. Treatment, buffering or screening and perimeter treatment 3. Maintenance schedule for landscaping elements 4. On-site improvements agreement 5. Evidence of adequate water Landscaping improvements are focused on the entry treatment and are shown on the landscape plan. A sign detail is included. An on-site improvements agreement has been submitted with this Final Plan application. The nature of this development does not necessitate the need for a buffering or screening perimeter treatment. Section 27-6-70 Component Four—site design 1. Unique site features The site contains rolling topography and pasture land. The existing site features allowed for a clustering of the 17 lots on the non-production portions of the property while allowing for continued pasture use of the agricultural tracts. The Greeley No. 2 Ditch forms the northern and portions of the western and eastern property boundaries. Recharge ponds, structures that are part of the augmentation plan supporting the wells used in the subdivision, will provide a visual amenity and riparian wildlife habitat. 4 2. PUD rezoning consistent with Chapter 22 of Weld County Code Section 22-2-190.D.2.a PUD.Policy 4.1 states, "The design of a planned unit development should ensure compatibility and harmony with existing and planned uses on adjacent properties and within the planned unit development." The applicant has carefully considered the uses on-site, topographical features, adjacent properties and the existing use of the property. The result is consistent with the existing and planned uses on adjacent properties. A. Goal 1 indicates, "Conserve agricultural land for agricultural purposes which foster the economic health and continuance of agriculture." Through this Cluster PUD Plan, two-thirds of the property has been preserved in adherence with Section 27-10-20.A, "If the Cluster PUD is proposed on agricultural lands, the land shall be currently used or capable of being used for agricultural production such as fanning and ranching operations for the next forty (40) years from the date of final approval." Outlots A and B of this property shall remain, for the next 40 years, in uses associated with ranching, including pasture, grazing and may have agricultural accessory structures constructed upon them. The agricultural uses would allow for an indoor/outdoor arena and accessory structures consistent with the agricultural zone district. Goal 3 "Discourage urban-scale residential, commercial and industrial development, which is not located adjacent to existing incorporated municipalities." Section 27-10-20.G of the Weld County Code states the Cluster PUD, "may be used in urban and nonurban areas." This proposal is considered Non- Urban Scale Development per the definition of Non-Urban Scale Development in Section 27-2-140 of the Weld County Code, "Nonurban scale development shall also include land used, or capable of being used, for agricultural purposes and including development which combines clustered residential uses and agricultural uses in a manner that the agricultural lands are suitable for farming and ranching operations for the next forty (40) years." The site is not located adjacent to a municipality or other PUD's, subdivisions, municipal boundaries or an urban growth corridor or boundary. The property is located approximately '1A mile north of Barnesville, 6 miles southeast of Galeton, 4 miles northeast of Gill, and 8 miles northeast of Kersey. 3. Compatibility within PUD zone district 4. Compatibility with surrounding land uses The existing design of the subdivision takes into consideration the existing uses of the surrounding properties, the existing irrigation practices of the area, and limiting topographical site features. All recorded plats will include the Weld County Right to Farm, found in Appendix 22-E of the County Code. The applicant proposes to adhere to the Estate Zone District on the Estate lots, PUD open space on the two tracts and the Agricultural District for the two outlots. The bulk requirements listed in the Weld County Code for both Districts will be adhered to. The residential lots will have the opportunity for Auxiliary Quarters as defined in Section 23-1-90 of the Weld County Code. This proposal is compatible with the existing and future land uses of the surrounding area. S. Overlay districts Upon review of the Weld County flood hazard, geological hazard and airport influence maps, as well as the I-25 Mixed Use Development Area Map and Chapter 19 of the Weld County Code, this proposal is not located within these overlay districts. 5 • • Section 27-6-80 Component Five—common open space usage The common open space areas within this subdivision are designed and proposed to be consistent with the requirements of Section 27-6-80 of the Weld County Code. 1. Permanent common open space restrictions 2. Establishment of homeowners organization 3. Mandatory membership in homeowners organization 4. Homeowners organization responsibilities 5. Homeowners organization powers 6. Ownership and maintenance of common open space 7. 15% common open space allocation Through the Cluster PUD Option of Article X, Chapter 27, Weld County Code, a minimum 2/3 of the property must be preserved. This proposal meets the requirement by providing 202.55 acres (66.68% of the site) in agricultural Outlots A and B. Future uses on site will be required to establish a Homeowners Association to govern the method of open space restrictions, as well as the maintenance and ownership of the common elements, including the two open space tracts, Outlot A, and Tannehill Trail. Agricultural accessory buildings may be constructed on the Agricultural Outlots A and B. The project site is not within an area requiring a 15% Common Open Space allocation. Section 27-6-90 Component Six—signage All signage within this PUD will comply with the sign standards set forth in the Weld County Code. Future signs require a Building Permit. An example of signage proposed is included within this application. Section 27-6-100 Component Seven —MUD impact This proposal is not located within the Mixed Use Development Boundary as delineated by Weld County. Section 27-6-110 Component Eight—intergovernmental agreement impacts This proposal is not located within an Intergovernmental Agreement Urban Growth Boundary area. Section 27-10-20 Standards of the Cluster PUD The following narrative has been prepared in accordance with the most recent Procedural Guide found on the Weld County Website stipulating, "a narrative addressing how this application complies with the Cluster PUD standards listed in Section 27-10-20 of the Weld County Code." 27-10-20.A If the Cluster PUD is proposed on agricultural lands,the land shall be currently used or capable of being used for agricultural production such as farming and ranching operations for the next forty (40) years from the date of final approval. AND 27-10-20.B The outlot shall be restricted to operations and be free from development for any other uses for a period of forty (40)years from the date of final approval. Outlots A and B shall remain in uses associated with ranching, including pasture, grazing for at least 40 years and may have agricultural accessory structures constructed upon them. This proposal meets the requirement by "reserving a minimum 2/3 of the total area of the tract for the preservation" of land by the designation of 202.55 acres (66.68% of the site) as Outlots A and B. Agricultural accessory buildings may be constructed on the Agricultural Outlots. Covenants are included herein. 6 27-10-20.C A minimum of two-thirds (2/3) of the total area of the tract must be reserved for the preservation of contiguous land. This proposal meets this criteria. 27-10-20.D The outlot may be used for all agricultural uses by right, as passive view corridors, recreation or the preservation of environmentally-sensitive features such as wildlife habitat or critical areas. Future uses on site will be required to establish a Homeowners Association and Covenants to govern the method of open space restrictions, as well as the maintenance and ownership of the common elements. Agricultural accessory buildings may be constructed on the Tracts. Covenants are provided with this application. 27-10-20.E Public access to the outlot is not a requirement. The outlot may be substituted for the common open space requirement used in the traditional PUD application. The location of this project would not merit Common Open Space through a Traditional PUD application. The future establishment of Covenants and a Homeowners Association will detail public access. Outlot A is proposed to he transferred to the Homeowners Association. 27-10-20.F The intent of the A (Agricultural) Zone Districts as outlined in Chapter 23 and the Comprehensive Plan, Chapter 22 of this Code, including Weld County's Right to Farm, Appendix 22-E, shall be met. As stated previously in this Development Guide,the intent of the Agricultural Zone District of Chapter 23,the Goals and Policies of the Agricultural District of Chapter 22 and the Weld County Right to Farm of Appendix 22-E shall be met, if not exceeded through this application. 27-10-20.G A Cluster PUD may be used in urban and nonurban areas. A cluster PUD shall follow the procedures as outlined in this Code. The site location is in a non-urban area. All other procedures, standards and guidelines for a Non-Urban PUD as outlined in the Weld County Code and the most recent procedural guide on the Weld County Website have been followed. 27-10-20.11 The number of single family residential units must not exceed two (2) per thirty-five acre increment. The residential lots created by this option may not be further subdivided in the future. This proposal meets this criteria. 7 Trinity Properties, LP Ed Flynn 356 Foxenwood Drive Santa Maria, California 93455 Sign Plan for Deer Meadows Cluster PUD ,.-- 1 , '= — LI' I7 I ail Y 33 b M1 i i ;" 4 r inpjy{� y4 a`r Il. Ya :f sr gas � I This photograph is an example of the sign style for Deer Meadows PUD. The sign shall be 4 x 4 feet per the Artist standards (see drawing at right) and shall be placed in the Island Entrance to the property I i 1 Li— • • Operation and Maintenance Plan for Fire Suppression Water Tank Deer Meadows Cluster PUD Legal Description and Location of Water Tank Deer Meadows Cluster PUD,part of Section 7,Township 6 North,Range 63 West of 6th P.M., Weld County, Colorado. The water tank will be located underground on Tract 1. The location of the water tank will be marked with signage for easy visibility. Size of Water Tank The water tank will be 10,000 gallons in size per request of the Galeton Fire Protection District. Source of Water to Fill Tank The water tank will be filled from the well located on Lot 1. The tank must he refilled from the well located on Lot I within 24-hours of use. There will be a line running from the well on Lot 1 to the Water Tank. Use of Water Tank The water tank will be used by the Galeton Fire Protection District, or other authorized Fire Protection District, for fire suppressant on site and within the immediate vicinity of Deer Meadows Cluster PUD. The water shall not be used for irrigation water. The Galeton Fire Protection District will utilize their equipment to pump water from the underground tank for use. Maintenance of Water Tank and Outlot The Homeowners Association is responsible for maintaining this Tract. Maintenance will include a location sign,weed eradication,and soil erosion control,etc. See the Open Space Management Plan for maintenance responsibilities. Bollards and or a fence shall be placed around the tank for protection. A representative from the Homeowners Association will perform a visual check of the water level in the tank,Trackl grounds,and the identification sign for the tank on a monthly basis. The Fire Protection District shall perform a visual check of the facilities once per year. Contact Information: Business Name Contact Name Phone Number Address Tank Installer TBD Equipment Suppliers TBD Owner of Lot I TBD Galeton Fire Klint Heidenreich (970)302-8923 34290 WCR 55 Protection District Gill,CO 80624 (970) 352-4602 HOA Contact: Keep TBD records of test results, schedule tests,where records are kept, etc. Todd Hodges Design, LLC Table of Contents Deer Meadows PUD Final Plat Specific Development Guide 1. Application Form 2. Authorization Form 3. Final Plat Narrative and Response to Staff and Referral Comments a. United States Postal Service Approvals b. Address List, Weld County Building Inspection c. Terra Logics Consulting regarding groundwater 4. Development Guide 5. Weld County Road Access Information Form 6. Reduced Final Plat 7. Sign Plan 8. Open Space Management Plan 9. Fire Tank Site Management Plan 10. Deed 11. Title Commitment 12. Soils Map and Narratives 13. Savage & Savage Environmental Letter dated June 7, 2005 14. Mineral Affidavit 15. Recorded Surface Use Agreement 16. Surrounding Property Owner List 17. Weld County Treasurer Statement of No Taxes Due 18. Improvements Agreements 19. Covenants 20. Utility Service Providers 21. Engineering Documents including Utility Plans, Road Plans and Certificates, Attached 22. Recorded Change of Zone Plat, Attached 23. Final Plat with entrance landscape plan, Attached 24. Application Fee, $4,700.00 1269 Aorth Cleveland Avenue • Loveland, Colorado 80537 • (970) 613-8556 • fax: (970)613-8775 email: taddhadgesdecr!fia(a,earthlink.net PLANNED UNIT DE_JPMENT (PUD) FINAL PLAT SU•.ITTAL CHECKLIST The Planned Unit Development Final Plat is the third and final step of the Planned Unit Development process. In order to proceed with the PUD Final Plat application, the site must be located within a PUD Zone District. The Department of Planning Services shall be responsible for processing all PUD Final Plat applications in the unincorporated areas of Weld County in accordance with Section 27-7-40 of the Weld County Code. The Department of Planning Services shall schedule a public meeting for the applicant with the Weld County Utility Coordinating Advisory Committee. It is recommended that the applicant attend all hearings scheduled for the Final Plan application in order to present the proposal and answer questions of the governing bodies. The Department of Planning Services may request additional information, application packets and/or fees that will aid in the review of the Final Plat application. APPLICATION REQUIREMENTS: Unless otherwise indicated in the Sketch Plan comments, the applicant shall submit the PUD Final Plat application fee and a total of twenty-five(25)packets of the required sketch plan application materials(The original plus twenty-four (24) copies)as follows: One copy of the recorded Change of Zone Plat which delineates the proposed uses. The original PUD Final Plat application plus twenty-four(24) additional copies. (attached) \ If the PUD Change of Zone was submitted as a Conceptual Development Guide,the applicant shall submit one \ original copy plus twenty-four(24)copies of the Specific Development Guide as described in Article VI,Chapter 27 of the Weld County Code. The applicant shall address the eight(8)major components of the Development Guide. • One copy of a Certificate of Title issued by a title insurance company or an attorney's opinion of the title in accordance with Section 27-7-20.B of the Weld County Code. The Certificate of Title or opinion shall be completed within thirty(30) days of the application submission date. A copy of a title commitment issued by a title insurance company or a title opinion by an attorney licensed to practice in the State of Colorado. The commitment or opinion shall set forth the names of all owners of property. The commitment or opinion shall include a list of all mortgages, judgments, liens, easements, contracts, and agreements of record in Weld County affecting the property described in the application. If the attorney's opinion or title commitment discloses additional holders or owners of such mortgages, judgments, liens, easements, contracts, or agreements, not party to the application, the Board may require them to join in and approve it. The title commitment or opinion shall be completed with thirty (30) days prior to the application submission date. One copy of a warranty deed or other suitable document ready to record which deeds to the appropriate public body all lands other than streets which are to be held for or used for public purposes. One copy of a Statement of Taxes from the County Treasurer showing no delinquent taxes or special assessments on the property of the proposed PUD final plan. One copy of a certificate from a qualified engineer in the State responsible for the design of the utilities. One copy of all deed restrictions,including those required by the Board of County Commissioners which govern the future use of all land in the PUD and, covenants, grants of easements or restrictions to be imposed upon the-use of the land, buildings and structures. Four copies of an improvements agreement according policy regarding collateral for improvements in accordance with Sections 2-3-30, 24-9-10 and 24-9-20 of the Weld County Code. -8- One copy of evidence from�appropriate jurisdiction stating that the stre'nd/or highway facilities providing access to the property are adequate in functional classification,width and structural capacity to meet the traffic requirements of the uses of the proposed zone district. Four copies, if applicable, of a proposed off-site public road improvements agreement. The agreement shall be made in accordance with Section 27-7-30.J of the Weld County Code. ,' Two copies of a PUD construction schedule in accordance with Section 27-7-30.K of the Weld County Code. Three copies of a statement describing the method of financing for the development in accordance with Section 27-7-30.L of the Weld County Code. One (1)copy of affidavit and certified list of the names, addresses and the corresponding parcel identification number assigned by the Weld County Assessor of the owners' of property(the surface estate)within 500 feet of property being considered. This list shall be compiled from the records of the Weld County Assessor, the Weld County Website, www.co.weld.co.us, or a person qualified to do the task, and shall be current as of a date no more than thirty (30)days prior to the date the application is submitted to the Department of Planning Services. One (1) copy of affidavit and certified list of the names and addresses of all mineral owners and lessees of mineral owners on or under the parcel of land being considered. The list shall be prepared from the real property records by a person qualified to do the task, and shall be current as of a date more than thirty (30) days prior to the date the application is submitted to the Department of Planning Services. Note: Mineral Notification is in addition to that required by C.R.S. 24-65.5-102 through 104. One original and (twenty-four) 24 copies of 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. Twenty-five (25) copies of final plan plat map in compliance with Section 27-9-20 the Weld County Code. Twenty-five (25) copies of a Landscape Plan in compliance with Section 27-9-30 of the Weld County Code. Twenty-five (25) copies of a utility map in compliance with Section 27-9-40 of the Weld County Code. Four copies of any covenants, grants of easement, and restrictions imposed upon any land, buildings, and structures within the proposed PUD. — The original plus twenty-four (24) copies of the Weld County Road Access Information Sheet. (attached) f Three copies of road plans. A complete estimate of costs shall accompany the road plans. Application fee (see front page). Investigation fee, if required (see front page). One each of the application, Specific Development Guide (if applicable), statement of compliance with the Change of Zone, Final Plan map, Landscape Plan map, Utility map and the road access information sheet shall be collated into twenty-five(25)application packets and bound with binder clips or paper clips only.The original copies shall be placed in one packet. Applications bound in any other fashion than binder or paper clip will be returned to the applicant without review.All maps are to be folded to 9"by 12"and included with each individual packet. Additional required information shall be kept separate to be collated by Planning Staff. 9 • Report Date: 06/01/2006 08:21AM WELD COUNTY TREASURER Page: 1 STATEMENT OF TAXES DUE SCHEDULE NO: R0928101 ASSESSED TO: TRINITY PROPERTIES LP 356 FOXENWOOD DR SANTA MARIA, CA 93455 -- LEGAL DESCRIPTION: PT SW4 7-6-63 PT LOT B REC EXEMPT RE-912 EXC THAT PT OF LOT B AMD REC EXEMPT RE-912 (2.10R6D) PARCEL: 079907000025 SITUS ADD: TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE 2005 TAX 106.38 0.00 0.00 106.38 0.00 TOTAL TAXES 0.00 GRAND TOTAL DUE GOOD THROUGH 06/01/2006 0.00 ORIGINAL TAX BILLING FOR 2005 TAX DISTRICT 0741 - Authority Mill Levy Amount Values Actual Assessed WELD COUNTY 17.900 33.66 AGRICULTUR 6,484 1,880 SCHOOL DIST RE7 23.812 44.77 NCW WATER 1.000 1.88 TOTAL 6,484 1,880 GALETON FIRE 3.814 7.17 AIMS JUNIOR COL 6.357 11.95 WELD LIBRARY 3.281 6.17 WEST GREELEY CONSERVATION 0.417 0.78 TAXES FOR 2005 56.581 106.38 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 by the 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 C li�A c . Date �%�� Page 1 of 1 r .., ,P Iwg 32 mem' ED en s wf . -IA, r a Yip 's' - ` 41 #3l C -- p Web Coun4y.Cobrado , (�y • ail �_ D _ Yi7,I I n t t http://maps.merrick.com/output/weldProd_GIS_IMS33441116677jpg 6/14/2006 • REFERRAL LIST • Name: Trinity Properties LP Case# PF-1102 County Towns & Cities Fire Districts Attorney _Ault _Ault F-1 z Health Department _Berthoud _Berthoud F-2 $$$ Extension Office _Brighton _Briggsdale F-24 _ _Emergency Mgt Office - Ed Herring _Dacono _Brighton F-3 V 'z Sheriffs Office _Eaton _Eaton F-4 ✓ z Public Works _Erie _Fort Lupton F-5 _Housing Authority _Evans z Galeton F-6 Airport Authority _Firestone _Hudson F-7 �zBuilding Inspection _Fort Lupton _Johnstown F-8 ;/ -----z Code Compliance_S.-Ann_N-Beth _Frederick _LaSalle F-9 _ Kim Ogle (Landscape Plans) _Garden City _Mountain View F-10 _Lin (Addressing Change of Zone) _Gilcrest _Milliken F-11 Ambulance Services _Greeley _Nunn F-12 _Grover _Pawnee F-22 State _Hudson _Platteville F-13 Div._ of Water Resources _Johnstown _Platte Valley F-14 _Geological Survey _Keenesburg _Poudre Valley F-15 _Department of Health _Kersey _Raymer F-2 _Department of Transportation _LaSalle _Southeast Weld F-16 _Historical Society _Lochbuie _Union Colony F-20 Water Conservation Board _Longmont _Wiggins F-18 _ Oil&Gas Conservation Commission _ _ Mead Windsor/Severance_ F-17 _Milliken Division of Wildlife _New Raymer _South Hwy 66 (Loveland) _Northglenn _North Hwy 66 (Greeley) _Nunn _Division of Minerals/Geology _Pierce Commissioner _Platteville Soil Conservation Districts _Severance Big Thompson/ FTC _Thornton _Boulder Valley/Longmont _Windsor _Brighton/SE Weld Centennial Counties ✓ z Greeley/West Greeley _Adams _Platte Valley _Boulder _West Adams _Broomfield Little Thompson _Larimer Federal Government Agencies Other _US Army Corps of Engrs t/ z School District RE-_7 USDA-APHIS Vet Service z Petroleum Dev Corp _Federal Aviation Admin (Structures z Anadarko over 200 ft or w/in 20000 ft of Pub / z_North side lateral Airport _Art Elmquist (MUD Area)- Info Only Federal Communications Comm Weld Canty Planning. Department CREELEY OFFICE M e m o ra n d °° TO: Brad Mueller, W.C. Planning ECEIVED I e DATE: August 18, 2006 FROM: Pam Smith, W.C. Department of Publi COLORADO Health and Environment �� CASE NO.: PF-1102 NAME: Trinity Properties/Deer Meadows The Weld County Health Department has reviewed this Final Plan application and offers the following comments: 1. The Change of Zone application stated that Outlot A was expected to be transferred to the ownership of the HOA, and that there was a potential indoor/outdoor arena that could be placed on the lot. The Department requested a manure and stormwater management plan be developed for this activity. The Final Plan application states that no arena will be placed on this lot. This requested management plan is no longer needed. 2. A water storage tank for fire suppression is also planned to be located on Outlot A. The Department requested that the management of that water tank be developed. The plan has been submitted with the application materials and appears to be adequate. 3. All plat notes appear to be adequate. 4. Appropriate references to the Fire Suppression Tank Management Plan and to the placement of wells and septic systems are adequate. O:\PAM\PLANNING\FINAL PLAT\PF-1102 TRINITY PROPERTIES 17 LOTS W-INDIVIDUAL WELLS.RTF85 1 • OeQace. • cs,,,\\Rs,\\7,c\J-\\*$0-„ro Ric. Weld County Referral sm igiipC. COLORADO July 10, 2006 The Weld County Department of Planning Services has received the following item for review: Applicant Trinity Properties LP Case Number PF-1102 t Please Reply By August 7, 2006 Planner Brad Mueller Project Final Plat for 17 Residential lots, 2 non-residential agricultural outlots and 0.8 acres of open space, along with oil and gas production uses Legal Part of Section 7, T6N, R63W of the 6th P.M., Weld County, Colorado. Location North of and adjacent to CR 70; approx. 1/2 mile east of CR 61 Parcel Number 0799 07 000025 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. Weld County Utility Board Hearing (if applicable) August 10, 2006 ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ❑ We have reviewed the request and find no conflicts with our interests. Are See attached letter. fnmmanta• Signature Date -, 7�C Agency S/V/4',,e'2-7-"A"s +Weld County Planning Dept. +918 10'"Street, Greeley, CO. 80631 t(970)353-6100 ext.3540 t(970)304-6498 fax Weld County Sheriff's Office M e mo To: Brad Mueller From: Ken Poncelow Date: July 27, 2006 Re: PK-1102 The Sheriffs Office recommends the following improvements for this housing sub-division: 1. The Sheriffs Office requests that builders and developers designate an area by the entrance of the sub-division in which to place a shelter for school children awaiting the school bus. This area should also include a pull off for the school bus which enables it to safely load and unload children out of the roadway. 2. Either mail distribution within the sub-division or a central drop off location within the sub-division should be developed so that residents do not have to cross a county road to obtain their mail. 3. A permanent sign should be placed at the entrance to the subdivision detailing the name of the sub-division, address, and a graphical presentation of the roadways within the subdivision. There should be a plan developed to maintain this sign. 4. If the roadways within this sub-division are not maintained or adopted by the county, individuals purchasing property in this sub-division should be notified that the Sheriffs Office will have limited traffic enforcement powers. 5. A plan should be developed to maintain roadways within the sub-division especially during inclement weather conditions for emergency vehicles. 6. The Sheriffs Office is very supportive of homeowner funded homeowner's associations. These associations provide a contact for the Sheriffs Office and a means of maintaining common areas. 7. If there are oil or gas production facilities within this sub-division, they need to be fenced off in order to mitigate the potential for tampering. These facilities are known to create an attractive nuisance for young people. Tampering not only creates a significant danger to safety but also of environmental damage with extensive mitigation and clean-up costs. 8. The names of all streets within the sub-division should be presented to the Sheriffs Office for approval. This will eliminate duplication of street names within the county. Street names are approved. 9. The Sheriffs Office encourages Law Enforcement Authorities to provide additional funding for law enforcement requirements in the future. 1 The Sheriffs Office lacks the ability to absorb any additional service demand without the resources recommended in the multi-year plan provided to the Weld County Board of County Commissioners or as indicated by growth not considered at the time the plan was developed. I have no other comments on this proposal. • Page 2 MF,MORAND ou EELIEYn0FFI( EPartmenf. AUG X . 2006 TO: Brad Mueller, Dept. of Planning Services DATE: iltragG ED CFROM: Drew Scheltinga, P. E., Public Works Department COLORADO SUBJECT: PF-1102 Deer Meadows Cluster PUD (Final Plat) The Weld County Public Works Department has reviewed the final plat application materials. Comments made during this stage of the review process may not be all-inclusive, as revised materials will have to be submitted and other concerns or issues may arise during further review. The final plat shall not be recorded until all issues in this memorandum have been resolved. Final Plat: The Department of Planning Services case number PF-1102 shall be included on the plat title. The Typical Section — Local Roadway shall be removed. Note 7 of the General Notes shall be removed. The Planning Commission Certificate and Zoning Classification and Land Use Table shall be removed. Board of County Commissioners zone change resolution sections 5 A and 5 C required the mail kiosk and the possible bus shelter to be shown on the final plat. The location of the mail kiosk shall be shown and if there is to be a bus shelter it shall be shown and shall be located inside Tract 1 or 2. The final locations shall be approved by the Post Office and School District. The description betention Pond shall be added to the title of the two Drainage Easements. Construction Plans: The mail kiosk and bus shelter shall be shown on the plans. If there is to be a bus shelter, it is to be constructed on Tract 1 or 2 and be set back from the edge of pavement an adequate distance to provide children and area to congregate. Ditches and grading must be taken into consideration to provide access for children between the shelter and the school bus. The final locations and configuration of construction shall be approved by the Post Office and School District. A type Ill barricade, 24' wide, with a 48"X30" ROAD CLOSED sign, shall be placed on WCR 70, near the end of construction at Sta. 21+50. A STOP sign shall be placed on WCR 61%for north bound traffic at WCR 70. Page 1 of 3 M\PLANNING-DEVELOPMENT REVIEW\3-Final Plat(PE.ME MJF)\PF-1102 Deer Meadows Cluster PUD\peer Meadows Final Plat 8-01-06.DOC A DEAD END sign shall be placed on east bound WCR 70 immediately east of WCR 6114. There are three existing accesses to the property south of WCR 70. The new construction will affect the existing conditions. Reconfiguring the accesses shall be coordinated with the adjoining property owner and the construction shown on the plans. All typical road sections shall call out aggregate base course as Class 6. All cross road and access culverts shall be shown on the roadway profile to ensure adequate cover and ditch depth. The road cross section calls for a 2' ditch which may not be deep enough in some locations. The following seeding note shall be added to the grading and erosion control notes: Unlined drainage facilities and all areas disturbed during construction shall be actively revegetated. Seed mixes should be selected to match the conditions where they will be used. Recommended seed mixes may be obtained from the Weld County Public Works Pest and Weed Supervisor. A typical lot grading detail showing how drainage is to be directed away from houses shall be shown. Public Works requires 3 sets of final construction plans with original P. E. stamps, signatures and date. One check set of final construction plans may be submitted for review prior to supplying the 3 sets of signed plans. Drainage: A final drainage report dated June 27, 2006, was submitted by Wohnrade Civil Engineers, Inc., and was reviewed by David Bauer, P. E., of the Public Works Department. The report is well done and meets County's requirements. No further drainage information is required. Improvements Agreements: An Improvements Agreement WCR 70 has been submitted; however a cost estimate was not included. The cost estimate must be provided. An Improvements Agreement for Tannehill Trail has been submitted and is acceptable with the following revisions: 1. All cost items shall be shown on either the Exhibit A form or the attached Exhibit A. 2. The following items shall be added: Detention Pond and Structures Seeding Disturbed Areas 5,000 gal. Fire Suppression Tank Telephone Electric Water Transfer (value of shares required in augmentation plan) Page 2 of 3 M:\PLANNING-DEVELOPMENT REVIEW\3-Final Plat(PF.MF,MJF)\PF-1102 Deer Meadows Cluster PUD\Deer Meadows Final Plat B-01-06DOC • 3. The following revisions shall be made to the roadway cost estimate: Silt Fence quantity 450' Inlet Protection quantity 11 Vehicle Tracking Control quantity 2 Aggregate Base Course unit price $10.00 Add Barricade Type III, 1 EA at$2,000.00 4. Engineering and Supervision Costs shall be 10% of the subtotal of all items with the exception of Water Transfer cost. A Road Maintenance Agreement for WCR 61% has been submitted and is acceptable with the following changes: 1. Fill in the blanks on the form. 2. Section 3 C shall indicate dust suppression is to be done in front of existing improvements for a distance of 500' centered on the improvements. 3. Section 3 B shall be revised to indicate the developer shall prep and grade prior to applying dust suppression chemicals. 4. Section 4 shall be revised and additional language added to the agreement to transfer maintenance responsibility to the Homeowners' Association. Covenants: Roads and storm water drainage and detention facilities shall be added to Article 1.12, Common Elements. Storm water drainage and detention facilities shall be added to Article 7.2, Maintenance by Owners. Dust suppression on WCR 61% in accordance with the Road Maintenance Agreement shall be added to Article 7.2, Maintenance by Owners. Miscellaneous: Board of County Commissioners' Zone Change Resolution Section 2 E requires the applicant to contact the property owner to the south regarding expansion of WCR 70 and relocation of the property line fence. Also, there are three existing accesses to the property that will be affected by the construction. Prior to plan approval, the applicant shall provide documentation that the construction, fence and entrance have been coordinated with the property owner to the south. The record plat shows, on Outlot B, a 25' Access and Irrigation Easement for Open Ditch or Underground Pipe but the plans do not show any construction. What is to be constructed shall be clarified and shown. No irrigation water will be allowed to run in road ditches. PC: PF-1102 Deer Meadows Cluster PUD Email & Original: Brad Mueller, Dept. of Planning Services PC by Post Applicant: Todd Hodges, Todd Hodges Design, LLC PC by Post Engineer: Mary Wohnrade, P. E., Wohnrade Civil Engineers, Inc. PC by Post Surveyor: Steven Stencel, P. L. S., Intermill Land Surveying, Inc. Page 3 of 3 M\PLANNING—DEVELOPMENT REVIEW\3Flnal Plat(PF,MF.MJF)\PF-1102 Deer Meadows Cluster PUD\Deer Meadows Final Plat 8-01-05 DOC "t Weld County Referral C. COLORADO July 10, 2006 The Weld County Department of Planning Services has received the following item for review: Applicant Trinity Properties LP Case Number PF-1102 Please Reply By August 7, 2006 Planner Brad Mueller Project Final Rat for 17 Residential lots, 2 non-residential agricultural outlots and 0.8 acres of open space, along with oil and gas production uses Legal Part of Section 7, T6N, R63W of the 6th P.M., Weld County, Colorado. Location North of and adjacent to CR 70; approx. %2 mile east of CR 61 Parcel Number 0799 07 000025 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. Weld County Utility Board Hearing (if applicable) August 10, 2006 ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ❑ We have reviewed the request and find no conflicts with our interests. ISee attached letter. Commants• 1 Signature Date 7—/0-0� Agency 41()V L/05/Pr x�D •:•weld County Planning Dept. +918 10'"Street, Greeley, CO. 80631 t(970)353-6100 ext.3540 +(970)304-6498 fax • Q DEPARTMENT OF PLANNING SERVICES BUILDING INSPECTION\ dier) NORTH OFFICE 918 10th Street GREELEY, COLORADO 80631 IPHONE (970) 353-6100, EXT.3540 WI D FAX (970) 304-6498 O SOUTHWEST OFFICE 4209 CR 24.5 LONGMNT CO 80504 COLORADO PHONE (720)652-4210 e t. 8730 FAX (720)652-4211 July 11, 2006 Trinity Properties LP Final Plat for 17 residential lots,2 non-residential agricultural outlots and .8 acres of open space along with oil & gas production uses. PZ-1102 1. A separate building permit shall be obtained prior to the construction of any structure including the mail kiosk, bus shelter and the monument sign. 2. A plan review is required for each building for which a building permit is required. Two complete sets of plans are required when applying for each permit. Residential building plans may be required to bear the wet stamp of a Colorado registered architect or engineer. 3. Buildings shall conform to the requirements of the codes adopted by Weld County at the time of permit application. Current adopted codes include the 2003 International Residential Code; 2003 International Building Code; 2003 International Mechanical Code; 2003 International Plumbing Code; 2003 International Fuel Gas Code; 2005 National Electrical Code and Chapter 29 of the Weld County Code. 4. Each residential building will require an engineered foundation based on a site-specific geotechnical report or an open hole inspection performed by a Colorado registered engineer. Engineered foundations shall be designed by a Colorado registered engineer. 5. Fire resistance of walls and openings, construction requirements, maximum building height and allowable areas will be reviewed at the plan review. Setback and offset distances shall be determined by the Zoning Ordinance. 6. Building height shall be measured in accordance with the 2003 International Building Code for the purpose of determining the maximum building size and height for various uses and types of construction and to determine compliance with the Bulk Requirements from Chapter 23 of the Weld County Code. Building height shall be measured in accordance with Chapter 23 of the Weld County Code in order to determine compliance with offset and setback requirements. When measuring buildings to determine offset and setback requirements, buildings are measured to the farthest projection from the building. Property lines shall be clearly identified and all property pins shall be staked prior to the first site inspection. 7. Provide a letter of approval from Galeton Fire Protection District prior to new residential construction. Please contact me for any further information regarding this project. Sirl9rely, Boger Fdr Building Official Art ; 41.4 [/Lnfl WI I D Weld County Referral C. COLORADO July 10, 2006 The Weld County Department of Planning Services has received the following item for review: Applicant Trinity Properties LP Case Number PF-1102 Please Reply By August 7, 2006 Planner Brad Mueller i C Project Final Plat for 17 Residential lots, 2 non-residential agricultural outlots and 0.8 acres of open space, along with oil and gas production uses Legal Part of Section 7, T6N, R63W of the 6th P.M., Weld County, Colorado. Location North of and adjacent to CR 70; approx. 1/2 mile east of CR 61 I I Parcel Number 0799 07 000025 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. Weld County Utility Board Hearing (if applicable) August 10, 2006 j/till have reviewed the request and find that it does/does not comply with our Comprehensive Plan L, We have reviewed the request and find no conflicts with our interests. ID See attached letter. • /� ' /1 n^1 p r;nmmpntc, L"y1-A1 'U 1 LW3 l9 `O-tn cx`k-U\ U-� `l\ C.---Q 1 c C\ v) Civ(U LN, p � ` Signature l, Date 1" I2—QY,� Agency 4 ` +I/Veld County Planning De 4918 1 "Street, Greeley, CO. 80631 4(970)353-6100 ext.3540 •:(970)304-6498 fax rik r„ ,-- , 1 :eld Cmnt9 Planning Uepalt eld County Referral I'REELEY OFFICE yy JUL 2 3 2006 COLORADO RECEIVED July 10, 2006 The Weld County Department of Planning Services has received the following item for review: Applicant Trinity Properties LP Case Number PF-1102 Please Reply By August 7, 2006 Planner Brad Mueller Project Final Plat for 17 Residential lots, 2 non-residential agricultural outlots and 0.8 acres of open space, along with oil and gas production uses Legal Part of Section 7, T6N, R63W of the 6th P.M., Weld County, Colorado. Location North of and adjacent to CR 70; approx. 1/2 mile east of CR 61 Parcel Number 0799 07 000025 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. Weld County Utility Board Hearing (if applicable) August 10, 2006 ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan w We have reviewed the request and find no conflicts with our interests. J See attached letter. CnmmPntc- Signature Date — e%)1/21\ Agency \,.J G U) •:weld County Planning Dept. +918 10'°Street Greeley. CO. 80631 4(970)353-6100 ext.3540 +(970)304-6498 fax Applicant:Tr rRiity Properties LF Planner: Brad Mueller Case: PF-1102 t .va i l "l oyez. • -7:1kNi 59 E ' a _ .. 0.4 0 0.4 0.8 Miles View1 N Highways Streams Majroads Lakes \' / / V/ Locroads Floodplain W "—my a i, Rail field boundary S N N O a) N N E co w E iO N U O_ a) N o N C 0 I) O N N IC o n >• v E N Z < _ CO O 3 E o IA Cn m w vLL 11 U d C U.O E N 001 N O C l0 i^ Q. Z > ZozozoZzpzo 2 0 -x N > C 7 C C C L O N O N 0 U H 14 V O O O C U N IDa N lL a) L L L L L L L N a> a m c.rn,o) -- m. o a co < fn l!) (n Cn (n (n (n U7 iO l0 I U 7 Q — U O L1 L... N U) E E -p N «) J p D wE .5 `a) s =. t No ci Q) Q) Q) — T n Y U co 0 (n In c) N ,— o No 0 .c i — a) rn L ... N a p N CO C CO N C O U 'O C1 E m m in m >., 0 N 2 a) L L L L L L L N a N V 0 3 .0 N Q) Q) O1 Q) C)) O) O) O N i. (a a (n (n (n U) W CO W CI) -0 O co co N I C N C O1... 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O N N a) L — L L L L a p 3 N v O)Thin Q) m lT m CO E � (n (n cn cn o) cn cn cn C `'o N U a) C l0 _ .C 3O C U e.. — @ -O CO > a) a) a) _ V o Ti) aI ' (6 W U > O) cn > > Q) O) so N p lc �j ca W cou n n v n� :0 o r Z I C a) N 0 o E E N " 0 O (. o Y- j( J J0 17 U CNI Q a CCM 0 I- D U CO CO N C a) G (/) — V C C CA CI) CO C O N _ O N CO O I C 73 co 0 o a�i a®i ov E E E m � (7 LL .` .co o c c C C 1p 1p (p Z d 00000 n_ it m LL it LL. co co J J J U9 N O o w i.: _ N U 2 0 N m m >."=1 z y _ _ d N T -c3 >• >, C C CO al @ N C C L Cl) Q cc N N o 0 o O O 0 a) Z (6 N ¢ OO » » > ins o o0 N 0 C O vir4 a CD P r r r 0 a O co a C n n i .c m CO Q a3 M >, a) a o fa) d Cl) to 4; -> 1\t avitir e T EecrCounty e , Weld Referral oppice Weld COLOR AD CE �VEb July 10, 2006 The Weld County Department of Planning Services has received the following item for review: Applicant Trinity Properties LP Case Number PF-1102 Please Reply By August 7, 2006 Planner Brad Mueller Project Final Plat for 17 Residential lots, 2 non-residential agricultural outlots and 0.8 acres of open space, along with oil and gas production uses Legal Part of Section 7, T6N, R63W of the 6th P.M., Weld County, Colorado. Location North of and adjacent to CR 70; approx. ''A mile east of CR 61 Parcel Number 0799 07 000025 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. Weld County Utility Board Hearing (if applicable) August 10, 2006 ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan }Q We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. Cnmmpntc' A rash-in-1ipu payment io rpgnirori fnr park now rpclrlential lot . Signature Cifi Date 1�! Agency Platte Valley School District W d Re-7 +Weld County Planning Dept +918 10th Street, Greeley. CO. 80631 +(970)353-6100 ext.3540 +(970)304-6498 fax OE./ 200E 08: 16 97035200 CACHE LA POUDR• PAGE 01/2 Pa\ I I 1...N1 T Weld County Referral COLORADO July 10, 2006 JUL 17 .61)6 The Weld County Department of Planning Services has received the following item for review: Applicant Trinity Properties LP Case Number PF-1102 • Please Reply By August 7, 2006 Planner Brad Mueller Project Final Plat for 17 Residential lots, 2 non-residential agricultural oUtiOtS and 0.8 acres of open space, along with oil and gas production uses Legal Part of Section 7, TON, R63W of the 6th P.M., Weld County, Colorado. Location North of and adjacent to CR 70; approx. % mile east of CR 61 Parcel Number 0799 07 000025 • • The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the•Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. Weld County Utility Board Hearing (if applicable) August 10, 2006 We have reviewed the request and find that ftu''eee../does not comply with our Comprehensive Plan D We have reviewed the request and find no conflicts with our interests. M See attached letter. • Crrmmentc- • Signature Date Agency 6,1e$4,ch a +Weil County Planning Dept. C•918 10'"Street, Greeley.CO.80631 ?(970)353-6100 ext.3540 44(970)304-6498 tax 00!07,2006 00: 16 9703520, CACHE LA POUDR• PAGE 02'02 THE NORTH SIDE LATERAL COMPANY THE NORTH SIDE EXTENSION DITCH COMPANY (970)352-0222 August 5, 2006 Weld County Planning Dept. Attn: Brad Mueller 918 10th St Greeley, Co 80631 Re: Case Number FF-1102 Trinity Properties Dear Mr. Mueller The North Side Extension Ditch Company has been in existence for over 100 years and has a prescriptive easement for the canal at a sufficient width to operate and maintain the canal on this property. For platting purposes the width has been set on other properties at 75 feet from the center of the canal. No permanent structures, fences, trees etc. are to be placed in this area without prior written approval of the North Side Extension. The current plat that we received indicates only a 50' easement from the center of the canal. The North Side requests that this be increased to 75' from the center line. The North Side company is requesting that they be required to sign-off on the plat. Request is made that a map showing the correct right-of-way width be returned for the approval of the ditch company and signatory. Richard Foose, the company superintendent, will be signing the plat. Mr. Foose can be reached at 352-8538 or thru this office. Sincerely, A^f Dale Trowbridge Office Manager North Side Lateral Company 33040 Railroad Avenue • P.O. Box 104 • Lucerne, Colorado 80646 CN _ _ • • . .. - LC) f N Cr) Or r N n �. M r a M CV c N O O C CO r .: N C 0 Do I V . Q) C r CO . . ' r C :: ,L9 ' J3 t::: ... ...... .... ... CO N Cr) l 1 I r 't CO I CO N r r N I I CO O In N CO r r N F e I ... it h, of �''a 1 e ` � f '� F^z� 1+ 11111:4-1",:r g { + 'r / I f N, lil p I.S 4Y i i '„Fhv L „ k 4 .�c.� ETA _ls .� „ t:. 3 'k k1 i '" N r i ... a iry M°,t: s A 7 ,c''1l**' Y Y 'rvtl l � 4} + .. F .IPe'pa. h - 1 k ..n rS1 s .6 r- 1 'ri T Fl , !ill'4%,,V4 i* Y- r l4. S4'i A`Y lc f6' 2w. i�`Yh Ya .YS �'s „�i� �, ni s of i. 1, eta— 47. f t--:+ i - ' -..yea•3' s rF °. max:.44 . v� / i xy> .i .rw~f i ,,. k t � 4 - r < - ,&/,,,...i,„,11 ' �,C4 ..r' #., ° ,. ,_yam a. ₹. fl.l #fit, � p Y.. "Fit .R Apr s ` rc r t�, " FX .t tl y e: t er.iF" ''',.1';''s g"..1..u+ i c ; _ • • i File r' RE: ....__, Other Case No. APPENDIX B WELL) COUNTY ROAD ACCESS INFORMATION SHEET Weld County Public Works Department Date: 1111 H Street,P.O.Box 758, Greeley,CO 80632 Phone: (970)356-4000.Ext.3750 Fax: (970)304-6497 I. Applicant Name Ed Flynn Phone (805) 478-7481 Address 256 Faxenwood City Santa Marla sale CA Z.p.9455 2. Address or location of access Section 7 Township 6N Range 63W Subdivision Block Lot Weld County Road # 70 Side of Road North Distance from nearest intersection @61 s & 70 Rev 3. Is there an existing access to the property? Yes X No #of accesses 2 4. Proposed Use: El Permanent IC Residential/Agricultural J Industrial 1 Temporary 0 Subdivision J Commercial X Other Oil & GOS 5. Site Sketch _ f Legend for Access Description: U -,1 AG Agricultural _ I .'4,t w:, RES = Residential -. O&G Oil ZC Gas • D.R. Ditch Road '.. '. ,.. , NOTE: Please see attached Plat for • ;. greater details. .,r ,,,,:r ,... .,:,- F - V Proposed AG/RES Access U Existing Access for Oil &Gas, AG Exsiting AG Access&Proposed RESIAG OFFICE USE ONLY: Road ADT Date Accidents Date Road ADT Date Accidents Date Drainage Requirement Culvert Size Length Special Conditions J Instal;ation authorized 0 Information Insufficient Reviewed By: Title: 8 . i �� 1 /72 Oh 55 or 23* Z/I-l9 !OM zyl ; I: R__ 27 �1 t. 3i@ n¢` v 92 • ri g 3 6 pit r s p °i t Ye" ' P7 . P y tP I L l S $ Ir - tf E si F l rrr t f er2142'4"2 4 , t! 4_ r ',i,01"' $ 8 �-, t r 3 r 9 [ e R rr [ 4q44"4.4,__ Pi x it C1r p r2) 6u tC ar p [ ? 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Stewart Weld County Planning Da mdstewart@ocslaw.com GREELEY OFFICE February 5, 2007 FEB 7 2007 RECEIVED Brad Mueller Weld County Planning 918— 10th Street Greeley, CO 80631 RE: Deer Meadows Homeowners Association Dear Mr. Mueller: Pursuant to your telephone conversation with my assistant, enclosed please find the final signed Declaration of Covenants, Conditions and Restrictions for Deer Meadows Homeowners Association, as well as a check in the amount of$221.00, for recording fees. If you have any questions or concerns, please do not hesitate to contact me. Sincerely, MICHAEL D. STEWART MDS/jaf Enclosure cc: Anne Best Johnson 1812 56th Avenue/Greeley, Colorado 80634/Telephone: 970-330-6700/Fax: 970-330-2969 /Metro: 303-659-7576 www.ocslaw.com OTIS, COAN & STEWART, LLC OFFICE ACCOUNT BANK OF CHOICE 970-330-6700 GREELEY,CO 80634 82-646-1070 2/8/2007 1812 56TH AVENUE GREELEY,CO 80634 PAY TO THE Weld County Clerk & Recorder $ **30.00 ORDER OF Thirty and 00/100************************************************************************************************************* DOLLAF Weld County Clerk& Recorder MEMO Additional fee to file Covenants II■00479L" ': L07006460': LLL449211' 47 OTIS, COAN & STEWART, LLC OFFICE ACCOUNT BANK OF CHOICE 970-330-6700 GREELEY,CO 80634 1812 56TH AVENUE 82-646-1070 2/5/2007 GREELEY,CO 80634 PAY TO ORDER OFE Weld County Clerk & Recorder $ **221.00 Two Hundred Twenty-One and 00/100************************************************************************************* DOLLA Weld County Clerk& Recorder MEMO Recording of judgment 11'00474011' I: 10 700 6 4 60': L1144920 1449 211' DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR DEER MEADOWS Name of Common Interest Community: DEER MEADOWS Name of Owners Association: DEER MEADOWS HOMEOWNERS ASSOCIATION,INC. Declarant(s): TRINITY PROPERTIES,L.P. Type of Common Interest Community: PLANNED COMMUNITY TABLE OF CONTENTS PREAMBLE 1 WITNESSETH 1 ARTICLE 1 - DEFINITIONS 1.1. Act 2 1.2. Agency 2 1.3. Architectural Design Standards 2 1.4. Articles 2 1.5. Annual Assessment 2 1.6. Assessments 2 1.7. Association 2 1.8. Association Documents 2 1.9. Builder 2 1.10. Bylaws 2 1.11. Clerk and Recorder 3 1.12. Common Elements 3 1.13. Common Expenses 3 1.14. Declaration 3 1.15. Executive Board 3 1.16. First Mortgage 3 1.17. First Mortgagee 4 1.18. Improvements 4 1.19. Lot 4 1.20. Manager 4 1.21. Member 4 1.22. Mortgage 4 1.23. Mortgagee 4 1.24. Notice 4 1.25. Owner 4 1.26. Parcel 5 1.27. Plat 5 1.28. Project 5 1.29. Property 5 1.30. Related User 5 1.31. Rules and Regulations 5 1.32. Single Family 5 1.33. Successor Declarant 5 1.34. Supplemental Declaration 5 11 1.35. Supplemental Plat 5 1.36. Undefined Terms 5 1.37. Unit 5 ARTICLE 2 - NAME, PROPERTY SUBJECT TO THIS DECLARATION AND ALLOCATION OF INTEREST 2.1. Name 6 2.2. Existing Property 6 2.3. Expansion Property 6 2.4. Maximum Number of Units 6 2.5. Identification of Units 6 2.6. Description of Units 6 2.7. Allocation of Interests 6 ARTICLE 3 - MEMBERSHIP AND VOTING RIGHTS; ASSOCIATION STRUCTURE AND OPERATIONS 3.1. Association Name 6 3.2. Transfer of Membership 6 3.3. Membership 7 3.4. Voting 7 3.5. Declarant Control 7 3.6. Books and Records 7 3.7. Manager 7 3.8. Cooperation with Other Associations 7 3.9. Rights of Action 8 3.10. Implied Rights and Obligations 8 ARTICLE 4 - POWERS OF THE EXECUTIVE BOARD 8 ARTICLE 5 - MECHANICS' LIENS 5.1. No Liability 10 5.2. Indemnification 10 5.3. Association Action 10 ARTICLE 6 — EASEMENTS 6.1. Recorded Easements 11 6.2. Utility Easements 11 111 6.3. Reservation of Easements, Exceptions and Exclusions 11 6.4. Use of Easement Area 11 6.5. Emergency Access Easement 11 ARTICLE 7 - MAINTENANCE 7.1. Maintenance by Owners 12 7.2. Maintenance by Association 12 7.3. Association Maintenance as Common Expense 12 7.4. Water Tank Maintenance Plan 12 ARTICLE 8 - INSURANCE 8.1. General Insurance Provisions 12 8.2. Property and Commercial General Liability Insurance 13 8.3. Fidelity Insurance 13 8.4. Workers'Compensation Insurance 14 8.5 Directors, Officers and Members Liability Insurance 14 8.6. Notice 14 8.7. Common Expenses 14 8.8. Other 14 ARTICLE 9- ASSESSMENTS 9.1. Obligation 14 9.2. Budget 14 9.3. Annual Assessments 15 9.4. Apportionment of Annual Assessments 15 9.5. Special Assessments 15 9.6. Default Assessments 16 9.7. Effect of Nonpayment;Assessment Lien 16 9.8. Personal Obligation 17 9.9. Payment by Mortgagee 17 9.10. Statement of Status of Assessment Payment 17 9.11. Maintenance of Accounts;Accounting 17 ARTICLE 10-RESERVED SPECIAL DECLARANT RIGHTS 10.1. Special Declarant Rights 18 10.2. Construction: Declarant's Easement 18 10.3. Declarant's Property 18 10.4. Limitations on Special Declarant Rights 18 10.5. Interference With Special Declarant Rights 18 iv 10.6. Rights Transferable 19 ARTICLE 11 -ARCHITECTURAL REVIEW AND OTHER RESTRICTIONS 11.1. Association Power 19 11.2. Review 19 11.3. No Review 19 11.4. Membership of Architectural Review Committee 20 11.5. Plan Review Procedure 20 11.6. Notice of Completion 22 11.7. Remedies Upon Noncompliance 22 11.8. Authority to Hire, Assess Costs, and Raise Funds 23 11.9. Records 23 11.10. Restrictions on Use 23 11.11. Waivers; No Precedent 33 ARTICLE 12—MORTGAGEE'S RIGHTS 12.1. Distribution of Insurance or Condemnation Proceeds 33 12.2. Right to Pay Taxes and Charges 34 12.3. Audited Financial Statement 34 12.4. Notice of Action 34 12.5. Action by Mortgagee 34 ARTICLE 13 -DURATION OF COVENANTS AND AMENDMENT 13.1. Term 34 13.2. Amendment 35 13.3. Declarant Rights 35 13.4. Execution of Amendments 35 13.5. Revocation 35 ARTICLE 14 -WELD COUNTY'S RIGHT TO FARM 14.1. Rural Weld County 35 14.2. Agricultural Uses 35 14.3. Rural Services 36 14.4. Parental Supervision 36 v ARTICLE 15-ANNEXATION OF ADDITIONAL PROPERTY 15.1. Annexation 36 15.2. Acquisition of Common Elements 37 15.3. Amendment 37 15.4. Effect 38 ARTICLE 16—GENERAL PROVISIONS 16.1. Restriction on Declarant Powers 38 16.2. Enforcement 38 16.3. Alternative Dispute Resolution 39 16.4. Registration of Mailing Address 39 16.5. Limitation on Liability 40 16.6. No Representations or Warranties 40 16.7. Disclaimer Regarding Safety 40 16.8. Severability 40 16.9. Conflicts Between Documents 40 16.10. Conflict With Act 41 EXHIBIT A LEGAL DESCRIPTION 42 EXHIBIT B PROPERTIES OWNED BY DECLARANT WHICH MAY BE ADDED TO THE DECLARATION 43 EXHIBIT C MINIMUM ARCHITECTURAL DESIGN STANDARDS 44 vi DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR DEER MEADOWS (A Common Interest Community) PREAMBLE THIS DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS (the "Declaration") is made on the date hereinafter set forth by TRINITY PROPERTIES,L.P., hereinafter referred to as "Declarant." WITNESSETH : WHEREAS, Declarant is the owner of a parcel of land located in the County of Weld, State of Colorado, as described on Exhibit A attached hereto. WHEREAS, this Declaration is executed pursuant to and in furtherance of a common and general plan: (i) to protect and enhance the quality, value, desirability, and attractiveness of all property that may be subject to this Declaration; (ii) to provide for an Association as a vehicle to perform certain functions for the benefit of Owners of Property which may become subject to this Declaration; (iii) to define duties, powers, and rights of the Association; and (iv) to define certain duties, powers, and rights of Owners of Property subject to this Declaration with respect to the Association and with respect to the functions undertaken by the Association. NOW THEREFORE,Declarant for itself,its successors and assigns,hereby declares that all property herein or hereafter made subject to this Declaration,in the manner hereinafter provided,and each part thereof shall,from the date the same becomes subject to this Declaration,be owned,held, transferred,conveyed,sold, leased,rented,hypothecated,encumbered,used,occupied,maintained, altered, and improved subject to the covenants, conditions, restrictions, limitations, reservations, exceptions, equitable servitudes, and other provisions set forth in this Declaration for the duration thereof, all of which shall run with the title to such property and be binding upon all parties having any right, title, or interest in said property or any part thereof and upon their heirs, personal representatives, successors, and assigns and shall inure to the benefit of each party having any such right, title, or interest in said property or any part thereof. 1 ARTICLE 1 -- DEFINITIONS The following words when used in this Declaration or any Supplemental Declaration, the Articles of Incorporation or any Amendments thereto, and the Bylaws or any Amendments thereto, shall have the following meanings: 1.1. Act shall mean and refer to the Colorado Common Interest Ownership Act found in Title 38 of the Colorado Revised Statutes. Any reference in the Association Documents to the Act or a section of the Act shall refer to the Act as presently enacted or subsequently amended. 1.2. Agency shall mean any agency or corporation that purchases or insures residential mortgages. 1.3. Architectural Design Standards shall mean design standards adopted by the Architectural Review Committee from time to time that govern the quality of workmanship, color of materials, harmony of external design with existing structures, and location with respect to topography and finish grade elevation and the master drainage plan and all other appearances of buildings and structures in the Project. The Minimum Architectural Design Standards are set forth in Exhibit C attached hereto. 1.4. Articles shall mean the Articles of Incorporation for Deer Meadows Homeowners Association,Inc.,a Colorado nonprofit corporation,and any amendments that may be made to those Articles from time to time. 1.5. Annual Assessment shall mean the Assessment levied pursuant to an annual budget. 1.6. Assessments shall mean the Annual, Special, and Default Assessments levied pursuant to the terms of this Declaration. Assessments are also referred to as a Common Expense liability as defined under the Act. 1.7. Association shall mean Deer Meadows Homeowners Association, Inc., a Colorado nonprofit corporation, and its successors and assigns. 1.8. Association Documents shall mean this Declaration and any Supplemental Declaration, the Articles of Incorporation, the Bylaws, the Plat and any procedures, rules, regulations, Architectural Design Standards, or policies adopted under such documents by the Association. 1.9. Builder shall mean any person who acquires from Declarant one or more Lots for the purpose of constructing thereon a building and selling such building, together with the Lot upon which it is situated to any member of the general public. 1.10. Bylaws shall mean the Bylaws adopted by the Association,as amended from time to time. 2 1.11. Clerk and Recorder shall mean the office of the Clerk and Recorder in the County of Weld, State of Colorado. 1.12. Common Elements shall mean all real and personal property,including water rights, and including all Common Elements as designated on the Plat, now or hereafter owned by the Association for the common use and enjoyment of the Owners. Common Elements shall also mean and refer to any and all personal property and Improvements owned or leased by the Association and shall include, by way of example but without limitation, any exterior signage which identifies the subdivision, the bus stop, exterior lighting, irrigation systems (including ditches and culverts), recreation equipment, and any other personal property owned by the Association. The Common Elements are to be devoted to the common use and enjoyment of the Owners (subject to the provisions hereof) and are not dedicated for use by the general public except as indicated on the subdivision Plat and the real estate records of the Clerk and Recorder of Weld County, Colorado. Common Elements shall be owned by the Association. In no event shall the Common Elements fail to be transferred to the Association on a date which is not later than sixty (60) days after the completion of the transfer of all Lots from the Declarant or the Declarant's successors and assigns to third party purchasers. Each Owner and members of the Owner's family residing on the Project may use the appurtenant Common Elements in accordance with the purpose for which they are intended,without hindering or encroaching upon the lawful rights of any of the other Owners. The Executive Board may adopt Rules and Regulations governing the use of the Common Elements,but such Rules and Regulations shall be uniform and nondiscriminatory. Each Owner,by the acceptance of his or her deed or other instrument of conveyance or assignment and such Owner's guests agree to be bound by any such adopted Rules and Regulations. 1.13. Common Expenses shall mean: (i) all expenses expressly declared to be common expenses by this Declaration or by the Bylaws of the Association; (ii) all other expenses of administering, servicing, conserving, managing, maintaining, repairing, or replacing the Common Elements; (iii) insurance premiums for the insurance required or permitted under this Declaration; and (iv) all expenses lawfully determined to be Common Expenses by the Executive Board. Common Expenses benefitting fewer than all the Units may, in the discretion of the Executive Board, be assessed exclusively against those Units benefitted. 1.14. Declaration shall mean this Declaration and the Plat and amendments and supplements to the foregoing. 1.15. Executive Board shall mean the governing body of the Association. 1.16. First Mortgage shall mean any Mortgage that is not subject to any monetary lien or encumbrance except liens for taxes or other liens that are given priority by statute. 3 1.17. First Mortgagee shall mean any person named as a Mortgagee or beneficiary in any First Mortgage, or any successor to the interest of any such person under such First Mortgage. 1.18. Improvements shall mean and refer to all improvements now or hereafter constructed including, without limitation, all buildings, exterior lighting, signs, benches, walks, driveways, patios, decks, sheds, hot tubs, pools, landscaping (including pasture grass), fencing, irrigation and drainage systems(including ditches and culverts),site grading,and parking areas within the Project. 1.19. Lot shall mean and refer to any numbered area of land designated for separate ownership or occupancy as shown on the recorded Plat. Lot shall also mean a"Unit" as defined in C.R.S. § 38-33.3-103 as originally enacted or subsequently amended. Lot shall not include any Common Elements including outlots. 1.20. Manager shall mean a person or entity engaged by the Association to perform certain duties,powers,or functions of the Association, as the Executive Board may authorize from time to time. 1.21. Member shall mean and refer to every person or entity that holds membership in the Association by virtue of the ownership of a Unit. 1.22. Mortgage shall mean any mortgage, deed of trust or other document pledging any Residential Unit or interest therein as security for payment of a debt or obligation. 1.23. Mortgagee shall mean any person named as a mortgagee or beneficiary in any Mortgage, or any successor to the interest of any such person under such Mortgage. 1.24. Notice shall mean and refer to: (i) written notice hand delivered or sent by prepaid United States mail to the mailing address of a Unit or to any other mailing address designated in writing by the Unit Owner or to the last known address of the intended recipient, or (ii) notice through an Association publication which is hand delivered or sent by prepaid United States mail to the Units; or (iii) notice delivered by electronic mail or facsimile to an Owner at the electronic mail address or facsimile number designated by the Owner. 1.25. Owner shall mean any person,corporation,partnership,association, contract seller, or other legal entity or any combination thereof,including Declarant,who owns the record fee simple interest in a portion of one or more Lots and shall include the purchaser under any executory land sales contract wherein the Administrator of Veterans' Affairs is the seller,whether or not recorded, and whether owned by said Administrator or his assigns. The term Owner shall include any grantee, transferee, heir, successor, personal representative, executor, administrator, devisee, and assign of any Owner but shall not refer to any Mortgagee as herein defined or other person or entity having an ownership interest in any portion of a Lot merely as security for the performance of an obligation, unless such Mortgagee has acquired title pursuant to foreclosure or any proceeding in lieu of foreclosure. 4 1.26. Parcel shall mean each platted, numbered, and recorded division of vacant land as depicted on the Plat. 1.27. Plat shall mean that part of this Declaration that is a land survey Plat recorded in the real estate records of Weld County, Colorado, depicting any portion of the Property subject to this Declaration. 1.28. Project shall mean the common interest community created by this Declaration and as shown on the Plat. 1.29. Property shall mean the real property described in Exhibit A. 1.30. Related User shall mean any member of the family of an Owner who resides with such Owner, guests and invitees of an Owner, employees and agents of an Owner, and occupants, tenants, and contract purchasers residing in a Unit. 1.31. Rules and Regulations shall mean those rules and regulations as may be adopted by the Board of Directors for the management,preservation,safety,control and orderly operation of the Project and governing the use of the Common Elements provided, however, that such Rules and Regulations shall be uniform and nondiscriminatory. Copies of all such Rules and Regulations shall be furnished to Owners prior to the time that they become effective. 1.32. Single Family shall mean an individual living alone,or any number of persons living together as a single household who are interrelated by blood, marriage, adoption or other legal custodial relationship;or not more than two (2)unrelated adults and any number of persons related to those unrelated adults by blood, adoption, guardianship or legal custodial relationship. 1.33. Successor Declarant shall mean any person or entity to whom Declarant assigns any or all of its rights, obligations, or interest as Declarant, as evidenced by an assignment or deed of record executed by both Declarant and the transferee or assignee and recorded with the Clerk and Recorder. 1.34. Supplemental Declaration shall mean an instrument which amends this Declaration. 1.35. Supplemental Plat shall mean a supplemental plat of the Project which depicts any change in the Project through a Supplemental Declaration. 1.36. Undefined Terms.Each term not otherwise defined in this Declaration,including the Plat, shall have the same meaning specified or used in the Act. 1.37. Unit shall mean a physical portion of the common interest community which is designated for separate ownership or occupancy as shown on the recorded Plat. Unit shall not include any Common Elements including outlots. 5 ARTICLE 2 -NAME, PROPERTY SUBJECT TO THIS DECLARATION AND ALLOCATION OF INTERESTS 2.1. Name. The name of the Project is Deer Meadows. The Project is a planned community pursuant to the Act. 2.2. Existing Property. The real property which is and shall be held, transferred, sold, conveyed,and occupied subject to this Declaration is located in Weld County,Colorado, and is more particularly described on Exhibit A. 2.3. Expansion Property. The real property which is and shall be held,transferred, sold conveyed, and occupied subject to this Declaration may be expanded only as specifically provided in this Declaration and which is more particularly described on Exhibit B attached hereto. 2.4. Maximum Number of Units. Declarant reserves the right to create up to a total of fifty-five(55) Units. 2.5. Identification of Units. The identification number of each Unit is shown on the Plat. 2.6. Description of Units. Each Unit shall be described by its lot number as shown on the final plat. 2.7. Allocation of Interests. The Common Expense liability and voting in the Association are allocated to each Unit as follows: a. The percentage of liability for Common Expenses shall be determined by using a formula in which the numerator is one(1)and the denominator is the total number of Units subject to this original Declaration, or subject to this Declaration from time to time; and b. There shall be one (1) vote per Unit. ARTICLE 3 - MEMBERSHIP AND VOTING RIGHTS; ASSOCIATION STRUCTURE AND OPERATIONS 3.1. Association Name. The name of the Association shall be Deer Meadows Homeowners Association, Inc.. Every Owner of a Unit shall be a Member of the Association. Membership shall be appurtenant to and may not be separated from ownership of a Unit. 3.2. Transfer of Membership. An Owner shall not transfer, pledge, or alienate their membership in the Association in any way, except upon the sale or encumbrance of their Unit and 6 then only to the purchaser or Mortgagee of their Unit. The Association shall not create a right of first refusal on any Unit and Owners may transfer ownership of their Units free from any such right. 3.3. Membership. The Association shall have one class of membership consisting of all Owners,including the Declarant so long as Declarant continues to own an interest in a Unit.Except as otherwise provided for in the Association Documents, each Member shall be entitled to vote in Association matters as set forth in this Declaration and the Bylaws. Each Owner, including Declarant while Declarant owns any Unit, is subject to all the rights and duties assigned to Owners under the Association Documents. 3.4. Voting. There shall be one vote per Unit. 3.5. Declarant Control. Declarant shall be entitled to appoint and remove the members of the Association' s Executive Board and officers of the Association to the fullest extent permitted under the Act and as set forth in the Association Documents. Declarant may voluntarily relinquish such power by recording a notice executed by Declarant with the Clerk and Recorder but, in such event, Declarant may at its option require that during the period Declarant would otherwise be entitled to appoint and remove directors and officers, specified actions of the Association or the Executive Board as described in the recorded notice be approved by Declarant before they become effective. 3.6. Books and Records. The Association shall maintain and shall make reasonably available for inspection, upon request, to Owners and their authorized agents, current copies of the Association Documents and the books,records and financial statements of the Association, and any other documents as listed in C.R.S. 38-33.3-317. The Association shall be subject to the privacy provision of C.R.S. 38-33.3-317. The term "reasonably available" shall mean available during normal business hours, upon notice of five business days, to the extent that (i) the request is made in good faith and for a proper purpose, (ii) the request describes with reasonable particularity the records sought and the purpose of the request,and(iii)the records are relevant to the purpose of the request (C.R.S. 38-33.3-317(4). The Association may charge a reasonable fee for copying such materials. If the documents requested are on the Association's website, they shall be considered reasonably available. The Association shall not be required to provide written copies of any documents contained on the Association's website. 3.7. Manager. The Association may employ or contract for the services of a Manager to whom the Executive Board may delegate certain powers, functions, or duties of the Association,as provided in the Bylaws of the Association. The Manager shall not have the authority to make expenditures except upon prior approval and direction by the Executive Board. 3.8. Cooperation with Other Associations. The Association shall have the right and authority at any time,from time to time,to enter into agreements and otherwise cooperate with other homeowner associations and any districts,to share the costs and responsibility for any maintenance, repair, replacement or other matters, to perform maintenance, repair or replacement for any 7 person(s) in consideration of payment or reimbursement therefor, to utilize the same contractors, subcontractors, managers or others who may perform services for the Association, any other homeowner associations and any districts, or to otherwise cooperate with any other homeowner associations and any districts in order to increase consistency or coordination, reduce costs, or as may otherwise be deemed appropriate or beneficial by the Executive Board in its discretion from time to time. The costs and expenses for all such matters, if any, shall be shared or apportioned between the Association and any other homeowner associations and any districts, as the Executive Board may determine in its discretion from time to time. Additionally, the Association shall have the right and authority at any time, from time to time, to enter into agreements and otherwise cooperate with any other homeowner associations and any districts to collect assessments, other charges or other amounts which may be due to such entity and to permit any such entity to collect assessments, other charges or other amounts which may be due to the Association; in any such instance,the Association shall provide for remittance to such entity of any amounts collected by the Association or to the Association of any amounts collected by such entity. 3.9. Rights ofAction. The Association on behalf of itself and any aggrieved Owner,shall be granted a right of action against any and all Owners for failure to comply with the provisions of the Association Documents, or with decisions of the Executive Board made pursuant to authority granted to the Association in the Association Documents. In any action covered by this section,the Association or any Owner shall have the right, but not the obligation, to enforce the Association Documents by any proceeding at law or in equity, or as set forth in the Association Documents, or by mediation or binding arbitration if the parties so agree. The prevailing party in any arbitration or judicial relief shall be entitled to reimbursement from the non-prevailing party or parties, for all reasonable costs and expenses,including attorney fees in connection with such arbitration or judicial relief Failure by the Association or by any Owner to enforce compliance with any provision of the Association Documents shall not be deemed a waiver of the right to enforce any provision thereafter. 3.10. Implied Rights and Obligations. The Association may exercise any right or privilege expressly granted to the Association in the Association Documents,by the Act,and by the Colorado Revised Nonprofit Corporation Act. ARTICLE 4 - POWERS OF THE EXECUTIVE BOARD 4.1. Powers. Except as provided in the Bylaws and the Act,the Executive Board may act in all instances on behalf of the Association,to: a. Adopt and amend bylaws and rules and regulations and Architectural Design Standards; b. Adopt and amend budgets for revenues, expenditures and reserves, and collect Assessments; 8 c. Hire and terminate managing agents and other employees, agents, and independent contractors; d. Institute, defend, or intervene in litigation or administrative proceedings in its own name on behalf of itself or two or more Owners on matters affecting the Project; e. Make contracts and incur liabilities; f. Regulate the use, maintenance, repair, replacement, and modification of Common Elements, if any; g. Cause additional Improvements to be made as a part of the Common Elements, if any; h. Acquire, hold, encumber, and convey in the name of the Association any right, title, or interest to real or personal property, except that Common Elements, if any, may be conveyed or subjected to a security interest only if Members entitled to cast at least eighty percent (80%) of the votes agree to that action; notwithstanding the foregoing, the Association may dedicate or transfer all or any portion of the common area to any governmental authority; i. Grant easements, leases, licenses, and concessions through or over the Common Elements, if any; j. Annex additional property, pursuant to the terms of this Declaration; k. Impose and receive any payments, fees or charges for the use, rental, or operation of the Common Elements, if any; 1. Impose charges for late payment of Assessments,recover reasonable attorney fees and other legal costs for collection of Assessments and other actions to enforce the power of the Association, regardless of whether or not suit was initiated,and after Notice and opportunity to be heard, levy reasonable fines for violations of the Association Documents; m. Impose reasonable charges for the preparation and recordation of amendments to the Declaration or statements of unpaid Assessments; n. Provide for the indemnification of its officers and Executive Board and maintain directors' and officers' liability insurance; o. Assign its right to future income,including the right to receive Assessments; 9 P. Exercise any other powers conferred by the Declaration or Association Bylaws; q. Exercise all other powers that may be exercised in this state by legal entities of the same type as the Association; r. Delegate powers to a master association as provided in C.R.S. §38-33.3-220. If powers are delegated to a master association, the executive board of the master association must be elected pursuant to C.R.S. §38-33.3-220. s. Merge or consolidate the project with another common interest community of the same form of ownership. t. Exercise any other powers necessary and proper for the governance and operation of the Association. ARTICLE 5 - MECHANICS' LIENS 5.1. No Liability. If any Owner shall cause any material to be furnished to their Unit or any labor to be performed therein or thereon, no Owner of any other Unit shall under any circum- stances be liable for the payment of any expense incurred or for the value of any work done or material furnished. All such work shall be at the expense of the Owner causing it to be done, and such Owner shall be solely responsible to contractors, laborers, materialmen, and other persons furnishing labor or materials to their Unit. 5.2. Indemnification. If, because of any act or omission of any Owner, any mechanic's or other lien or order for the payment of money shall be filed against the Common Elements, if any, or the Association (whether or not such lien or order is valid or enforceable as such), the Owner whose act or omission forms the basis for such lien or order shall at his own cost and expense cause the same to be canceled and discharged of record or bonded by a surety company reasonably acceptable to the Association, or to such other Owner or Owners, within twenty(20) days after the date of filing thereof,and further shall indemnify and hold all the other Owners and the Association harmless from and against any and all costs,expenses,claims,losses,or damages including,without limitation, reasonable attorney fees resulting therefrom. 5.3. Association Action. Labor performed or materials furnished for the Common Elements, if any, if duly authorized by the Association in accordance with this Declaration or its Bylaws, shall be the basis for the filing of a lien pursuant to law against the Common Elements, if any. Any such lien shall be limited to the Common Elements, if any, and no lien may be effected against an individual Unit or Units. 10 ARTICLE 6 - EASEMENTS 6.1. Recorded Easements. The Property shall be subject to all easements as shown on any Plat,those of record,those provided in the Act(including easements for encroachment set forth in Section 214 of the Act and an easement for maintenance of any such encroachment), and otherwise as set forth in this Article. 6.2. Utility Easements. There is hereby created an easement as denoted on the Plat for ingress and egress, installation, replacing,repairing and maintaining all utilities, including, but not limited to water, sewer, gas, telephone, cable TV, electricity, drainage, and fences. Said easement includes future utility services not presently available to the Units which reasonably may be required in the future. By virtue of this easement, it shall be expressly permissible for the companies providing utilities to erect and maintain the necessary equipment within such easement on any of the Units. 6.3. Reservation of Easements,Exceptions and Exclusions. The Association is hereby granted the right to establish from time to time, by declaration or otherwise, utility and other easements,permits,or licenses over the Common Elements and Lots, for the best interest of all the Owners and the Association. However, no such easement shall unreasonably interfere with an Owner's use of their Lot. Each Owner is hereby granted a perpetual non-exclusive right of ingress to and egress from the Owner's Unit over and across the Common Elements appurtenant to that Owner's Unit,which right shall be appurtenant to the Owner's Unit,and which right shall be subject to limited and reasonable restriction on the use of Common Elements, if any, set forth in writing by the Association. 6.4. Use of Easement Area. Within reserved easements,as shown on recorded Plats,or herein reserved,there shall be no structure,tree or shrub planting,or any other material installation which may damage or interfere with the installation or maintenance of utilities such as plumbed gas or water lines, wired electrical, cable television, or telephone utility lines. A Unit Owner shall not alter, inhibit, or change the direction of water flow in drainage channels established in said easements or in any way that discharges drainage onto adjacent Units. The easement area of each Unit and all Improvements in it, including fences, shall be maintained continuously in good repair by the Owner of said Unit, except for those Improvements for which a public utility shall be responsible.It shall be the responsibility of the Unit Owner to notify with due speed the appropriate public utility of any known flaws, defects, or damage to any utility Improvements on said Owners Unit. 6.5. Emergency Access Easement. A general easement is hereby granted to all police, sheriff, fire protection, ambulance, and other similar emergency agencies or persons to enter upon the Property in the proper performance of their duties. 11 ARTICLE 7- MAINTENANCE 7.1. Maintenance by Owners. Each Owner shall maintain and keep in repair his Unit, landscaping, fencing and any structures or buildings thereon, including the fixtures thereof to the extent current repair shall be necessary in order to avoid damaging other Units and to maintain a good appearance for the Project. 7.2. Maintenance by Association(except as setforth in Article 7,§7.1). The Association shall be responsible for the maintenance and repair of the Common Elements as shown on the Plat, and such maintenance and repair shall be the Common Expense of all Owners. This maintenance of the Common Elements shall include,but shall not be limited to, upkeep, repair and replacement of all landscaping,walls,fences,gates,signage,irrigation systems,and Improvements located in the Common Elements, as well as the fire department tank cistern on Tract 2. The Association shall maintain Tannehill Trail, including grading and snow removal. A plan shall be developed by the Association to maintain roadways within the subdivision, especially during inclement weather conditions for emergency vehicles. The Association shall prepare and grade Tannehill Trail prior to applying dust suppression chemicals. The Association shall apply dust suppression chemicals (magnesium chloride or calcium chloride)on Tannehill Trail no less than twice a year,or more often as determined by the Department of Public Works. In the event the Association does not maintain or repair the Common Elements, Declarant shall have the right, but not the obligation, to do so at the expense of the Association. 7.3. Association Maintenance as Common Expense. The cost of maintenance and repair by the Association shall be a Common Expense of all of the Owners, to be shared by each Owner equally. If maintenance is necessitated by damage caused by the negligence,misuse,or tortuous act of an Owner or Owner's agent,then the person or Owner causing the damage shall be responsible for the repair and expense. 7.4. Water Tank Maintenance Plan. A management plan for the water storage tank for fire suppression may be found in the document titled, "Operation and Maintenance Plan for Fire Suppression Water Tank for Deer Meadows Cluster P.U.D. ARTICLE 8 - INSURANCE 8.1. General Insurance Provisions. The Association shall acquire and pay for,out of the Assessments levied in accordance with this Declaration,any insurance policies required by the Act and such other insurance as the Executive Board may, within its discretion, determine. Such insurance required by this Article or the Act shall conform to the requirements set forth in C.R.S. §38-33.3-313(4)(a)-(d) which are as follows: 12 a. Each Unit Owner is an insured person under the policy with respect to liability arising out of such Unit Owner's interest in the Common Elements or membership in the Association. b. The insurer waives its rights to subrogation under the policy against any Unit Owner or member of his household. c. No act or omission by any Unit Owner,unless acting within the scope of such Unit Owner's authority on behalf of the Association, will void the policy or be a condition to recovery under the policy. d. If, at the time of a loss under the policy,there is other insurance in the name of a Unit Owner covering the same risk covered by the policy, the Association's policy provides primary insurance. 8.2. Property and Commercial General Liability Insurance. Commencing not later than the time of the first conveyance of a Lot to a person other than Declarant, the Association shall maintain, to the extent reasonably available: a. Insurance on Common Elements. Property insurance on the Common Elements and also on property that must become Common Elements for broad form covered causes of loss,except that the total amount of insurance must be not less than the full insurable replacement cost of the insured property less applicable deductibles at the time the insurance is purchased and at each renewal date, exclusive of land, excavations, foundations, and other items normally excluded from property policies. b. Commercial General Liability Insurance. Commercial general liability insurance in a minimum amount of one million dollars ($1,000,000.00) or otherwise larger amount deemed sufficient in the judgment of the Executive Board against claims and liabilities arising in connection with the ownership, existence, use, or management of the Common Elements, insuring the Executive Board,the Association,the management agent,and their respective employees, agents, and all persons acting as agents. The Declarant shall be included as an additional insured in such Declarant's capacity as the Unit Owner and board member. The Unit Owners shall be included as additional insureds but only for claims and liabilities arising in connection with the ownership, existence, use, or management of the Common Elements. The insurance shall cover claims of one or more insured parties against other insured parties. 8.3. Fidelity Insurance. Fidelity insurance or fidelity bonds may be maintained by the Association to protect against dishonest acts on the part of its officers, directors, trustees, 13 independent contractors, employees, and on the part of all others, including any Manager hired by the Association,who handle or are responsible for handling the funds belonging to or administered by the Association. In addition, if responsibility for handling funds is delegated to a Manager, such insurance must be obtained by or for the Manager and its officers, employees, and agents, as applicable. Such fidelity insurance or bond shall name the Association as insured and shall contain waivers of all defenses based upon the exclusion of persons serving without compensation from the definition of"employees" or similar terms or expressions. 8.4. Workers' Compensation Insurance. The Executive Board shall obtain workers' compensation or similar insurance with respect to its employees, if applicable, in the amounts and forms as may now or hereafter be required by law. 8.5 Directors, Officers and Members Liability Insurance. The Association may maintain liability coverage to protect Directors,Officers and Committee Members from any acts or omissions committed in their capacity as a director, officers or committee member. 8.6. Notice. If any insurance required by this Article is not reasonably available,or if any policy of such insurance is canceled or not renewed without a replacement policy therefore having been obtained,the Association promptly shall cause notice of that fact to be hand delivered or sent prepaid by United States mail to all Unit Owners. 8.7. Common Expenses. Premiums for insurance that the Association acquires and other expenses connected with acquiring such insurance are Common Expenses. 8.8. Other. An insurance policy issued to the Association does not obviate the need for Owners to obtain insurance for their own benefit. ARTICLE 9 — ASSESSMENTS 9.1. Obligation. Each Owner, including Declarant while an Owner of any Unit, is obligated to pay to the Association: (i)the Annual Assessments; (ii) Special Assessments; and(iii) Default Assessments. 9.2. Budget. Within ninety (90) days after the adoption of any proposed budget for the Common Interest Community, the Executive Board shall mail, by ordinary first-class mail, or otherwise deliver a summary of the budget to all Owners and shall set a date for a meeting of the Owners to consider the budget. Such meeting shall occur within a reasonable time after mailing or other delivery of the summary, or as allowed for in the Bylaws. The Executive Board shall give notice to the Owners of the meeting as allowed for in the Bylaws. The budget proposed by the Executive Board does not require approval from the Owners and it will be deemed approved by the Owners in the absence of a veto at the noticed meeting by a majority of all Owners, whether or not a quorum is present. In the event that the proposed budget is vetoed, the periodic budget last 14 proposed by the Executive Board and not vetoed by the Owners must be continued until a subsequent budget proposed by the Executive Board is not vetoed by the Owners. 9.3. Annual Assessments. Annual Assessments made for Common Expenses shall be based upon the estimated cash requirements as the Executive Board shall from time to time determine to be paid by all of the Owners.Estimated Common Expenses shall include,but shall not be limited to, the cost of routine maintenance and operation of the Common Elements, if any, expenses of management and insurance premiums for insurance coverage as deemed desirable or necessary by the Association, landscaping of the Property, care of grounds within the Common Elements,if any,routine repairs,replacements and renovations within and of the Common Elements, if any, wages, common water and utility charges for the Common Elements, if any, legal and accounting fees,management fees, expenses and liabilities incurred by the Association under or by reason of this Declaration,payment of any deficit remaining from aprevious Assessment period,and the creation of a reasonable and adequate contingency or other reserve or surplus fund for insurance deductibles and general, routine maintenance,repairs and replacement of Improvements within the Common Elements, if any, on a periodic basis, as needed. Annual Assessments shall be payable in monthly installments or on such other dates as the Executive Board determines. The omission or failure of the Association to fix the Annual Assessments for any Assessment period shall not be deemed a waiver, modification, or release of the Owners from their obligation to pay the same. The Association shall have the right, but not the obligation, to make prorated refunds of any Annual Assessments in excess of the actual expenses incurred in any fiscal year. 9.4. Apportionment of Annual Assessments. The Common Expenses shall be allocated among the Lots on the basis of the allocated interest for Common Expenses in effect on the date of Assessment,provided however that the Association reserves the right to allocate all expenses related to fewer than all of the Lots to the Owners of those affected Lots only. Notwithstanding the foregoing, the amount of Annual Assessment against Lots on which a certificate of occupancy has not been issued may be set at a lower rate than the rate of Annual Assessment against those Lots on which a certificate of occupancy has been issued pursuant to C.R.S. §38-33.3-315(3)(b),as amended, since such Lots do not receive certain benefits including the same services as other Lots. The lower rate of Assessment against such Lots shall be determined by the Board based upon the costs and expenses of the services actually provided to such Lots. 9.5. Special Assessments. In addition to the Annual Assessments, the Association may levy in any fiscal year one or more Special Assessments, payable over such a period as the Association may determine, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, unexpected repair or replacement of Improvements within the Common Elements, if any, or for any other expense incurred or to be incurred as provided in this Declaration. This Section shall not be construed as an independent source of authority for the Association to incur expense,but shall be construed to prescribe the manner of assessing expenses authorized by other sections of this Declaration.Any amounts assessed pursuant to this Section shall be assessed to Owners according to their allocated interests for Common Expenses, subject to the 15 right of the Association to assess only against the Owners of affected Units any extraordinary maintenance, repair or restoration work on fewer than all of the Units which shall be borne by the Owners of those affected Units only, and any extraordinary insurance costs incurred as a result of the value of a particular Owner's Unit or the actions of a particular Owner (or his agents, servants, guests, tenants or invitees) shall be borne by that Owner. Notice in writing of the amount of such Special Assessments and the time for payment of the Special Assessments shall be given promptly to the Owners,and no payment shall be due less than ten(10)days after such notice shall have been given. 9.6. DefaultAssessments. All monetary fines assessed against an Owner pursuant to the Association Documents, or any expense of the Association which is the obligation of an Owner or which is incurred by the Association on behalf of the Owner pursuant to the Association Documents, shall be a Default Assessment and shall become a lien against such Owner's Unit which may be foreclosed or otherwise collected as provided in this Declaration.Notice of the amount and due date of such Default Assessment shall be sent to the Owner subject to such Assessment at least ten(10) days prior to the due date. 9.7. Effect of Nonpayment;Assessment Lien. Any Assessment installment, whether pertaining to any Annual, Special,or Default Assessment,which is not paid on or before its due date shall be delinquent. If an Assessment installment becomes delinquent, the Association, in its sole discretion, may take any or all of the following actions: a. Assess a late charge for each delinquency in such amount as the Association deems appropriate; b. Assess an interest charge from the due date at the yearly rate of eighteen percent (18%), or such other lawful rate as the Executive Board may establish; c. Suspend the voting rights of the Owner during any period of delinquency; d. Suspend the rights of the Owner,and the Owner's family,guests, lessees,and invitees,to use Common Element facilities during any period of delinquency; e. Accelerate all remaining Assessment installments so that unpaid Assessments for the remainder of the fiscal year shall be due and payable at once; f. Bring an action at law against any Owner personally obligated to pay the delinquent Assessments; and g. Proceed with foreclosure as set forth in more detail below. Assessments chargeable to any Unit shall constitute a lien on such Unit.The Association may institute foreclosure proceedings against the defaulting Owner's Unit in the manner for foreclosing 16 a mortgage on real property under the laws of the State of Colorado. In the event of any such foreclosure, the Owner shall be liable for the amount of unpaid Assessments, any penalties and interest thereon, the cost and expenses of such proceedings, the cost and expenses for filing the notice of the claim and lien, and all reasonable attorney fees incurred in connection with the enforcement of the lien. The Association shall have the power to bid on a Unit at foreclosure sale and to acquire and hold, lease, mortgage, and convey the same. Liens for Assessments and their priority shall be as provided in C.R.S. §38-33.3-316. 9.8. Personal Obligation. Each Unit Owner is liable for Assessments made against such Owner's Unit during the period of ownership of such Unit. No Unit Owner may be exempt from liability for payment of the Assessments by waiver of the use or enjoyment of any of the Common Elements or by abandonment of the Unit against which the Assessments are made. Suit to recover a money judgment for unpaid Assessments,any penalties and interest thereon,the cost and expenses of such proceedings,and all reasonable attorney fees in connection therewith shall be maintainable without foreclosing or waiving the Assessment lien provided in this Declaration. 9.9. Payment by Mortgagee. Any Mortgagee holding a lien on a Unit may pay any unpaid Assessment payable with respect to such Unit,together with any and all costs and expenses incurred with respect to the lien,and upon such payment that Mortgagee shall have a lien on the Unit for the amounts paid with the same priority as the lien of the Mortgage. 9.10. Statement of Status of Assessment Payment. Upon payment of a reasonable fee set from time to time by the Executive Board,the Association shall furnish to a Unit Owner or such Unit Owner's designee or to a holder of a security interest or its designee upon written request,delivered personally or by certified mail, first-class postage prepaid, return receipt, to the Association's registered agent or Manager, a written statement setting forth the amount of unpaid Assessments currently levied against such Owner's Unit. The statement shall be furnished within fourteen(14) calendar days after receipt of the request and is binding on the Association,the Executive Board,and every Unit Owner. If no statement is furnished to the Unit Owner or holder of a security interest or his or her designee, delivered personally or by certified mail, first-class postage prepaid, return receipt requested,to the inquiring party,then the Association shall have no right to assert a lien upon the Unit for unpaid Assessments which were due as of the date of the request. 9.11. Maintenance of Accounts;Accounting. If the Association delegates powers of the Executive Board or its officers relating to collection, deposit, transfer, or disbursement of Association funds to other persons or to a Manager, then such other persons or Manager must: (i) maintain all funds and accounts of the Association separate from the funds and accounts of other associations managed by the other person or Manager; (ii)maintain all reserve and working capital accounts of the Association separate from the operational accounts of the Association, and (iii) provide to the Association an annual accounting and financial statement of Association funds prepared by the Manager, a public accountant, or a certified public accountant. 17 ARTICLE 10 - RESERVED SPECIAL DECLARANT RIGHTS 10.1. SpecialDeclarantRights. Declarant reserves the Special Declarant Rights as defined from time to time in the Act, including without limitation, the right or combination of rights as follows: a. To complete any Improvements indicated on the Plat; b. To maintain sales offices, management offices, model homes, and signs advertising the common interest community; c. To use easements through the Common Elements and Lots for the purpose of making Improvements within the common interest community; d. To appoint or remove any officer of the Association or any Executive Board member during any period of Declarant control. 10.2. Construction: Declarant's Easement. Declarant reserves the right to perform warranty work,repairs and construction in Units and Common Elements,to store materials in secure areas, and to control and have the right of access to work and make repairs until completion. All work may be performed by Declarant without the consent or approval of the Executive Board. Declarant has an easement through the Common Elements as may be reasonably necessary for the purpose of discharging Declarant's obligations or exercising Special Declarant Rights, whether arising under the Act or reserved in this Declaration. This easement includes the right to convey access, utility, and drainage easements to a governmental entity. 10.3. Declarant's Property. Declarant reserves the right to remove and retain all its property used in the sales, management, construction, and maintenance of the property,whether or not they have become fixtures. 10.4. Limitations on Special Declarant Rights. Unless terminated earlier by a document executed by Declarant and recorded in the real estate records of Weld County, Colorado, any reserved Development Rights and Special Declarant Rights may be exercised by Declarant,as long as Declarant: (a) is obligated under any warranty or obligation; (b) holds a Development Right to create additional Units or Common Elements; (c) owns any Unit; (d) owns any security interest in any Unit; or (e) ten (10) years have elapsed after recording of this Declaration in the real estate records of Weld County, Colorado. Earlier termination of certain rights may occur in accordance with the Act. 10.5. Interference With Special Declarant Rights. While the Declarant is entitled to exercise its Special Declarant Rights, neither the Association nor any Unit Owner may take any action or adopt any rule that will interfere with or diminish any Special Declarant Right without the 18 prior written consent of Declarant and any entity to whom Special Declarant Rights have been assigned. 10.6. Rights Transferable. Any Special Declarant rights or other Declarant rights created or reserved under this Declaration may be transferred by an instrument evidencing the transfer recorded in Weld County,Colorado. Such instrument shall be executed by the transferor,Declarant, and the transferee. ARTICLE 11 - ARCHITECTURAL REVIEW; OTHER RESTRICTIONS 11.1. Association Power. The Association shall have the right and power to prohibit any activities deemed unsafe, unsightly, unreasonably noisy or otherwise offensive to the senses and perceptible from another Unit or the Common Elements, if any, by promulgating Rules and Regulations which restrict or prohibit such activities. 11.2. Review. No buildings,structures or other Improvements including fences,driveways, parking areas, and landscaping (including pasture grass) shall be planted, installed, constructed, modified, altered, repaired, or rebuilt, nor shall any other action be taken that alters the exterior appearance of the Lot or Improvements, including lighting and color, unless first approved in writing by the Architectural Review Committee. The Architectural Review Committee shall exercise reasonable judgment to the end that all buildings, structures,modifications, alterations,or additions to the Units conform to and harmonize with existing surroundings and structures. The Architectural Review Committee has the absolute right to deny any requested landscaping,buildings, structures, modifications, alterations, or additions which the Architectural Review Committee reasonably determines do not conform to and harmonize with existing surroundings and structures. 11.3. No Review. Notwithstanding the foregoing, the following types of changes, additions, or alterations do not require the approval of the Architectural Review Committee: 11.3.1. Addition of plants to a Lot in accordance with a previously approved Landscape Plan; 11.3.2. Modification to the interior of a residence when those modifications do not unduly affect the outside appearance of the structure; 11.3.3. Repainting or restaining of the exterior of the residence in the original color; 11.3.4. Repairs to a structure in accordance with previously approved plans and specifications; 19 11.3.5. Reroofing with roofing materials of the same, or better, quality and color as original material; and 11.3.6. Seasonal decorations if removed promptly (within fifteen (15) days following the holiday). Although exempt from Architectural Review Committee review, all work must proceed in accordance with all applicable law, codes, and regulations and the provisions of this Declaration. 11.4. Membership of Architectural Review Committee. The Architectural Review Committee shall consist of three (3) members, all of whom shall be appointed by Declarant. Declarant shall have the continuing right to appoint all three (3) members during the Appointment Period (as hereafter defined). The Association shall have the right to appoint such members after the end of the Appointment Period. The "Appointment Period" shall mean the period of time commencing as of the date of recordation of this Declaration and continuing until the earliest to occur of the following events: (a)when all Units in the Project have been conveyed to persons other than Declarant and certificates of occupancy have been issued for the residences constructed thereon; (b)ten(10)years after the date this Declaration is recorded; or(c)when, in its discretion, Declarant voluntarily relinquishes such right. During the Appointment Period,Declarant shall not be obligated to appoint members to the Architectural Review Committee. In such event,Declarant or Declarant's designated representative shall exercise all rights and obligations of the Architectural Review Committee as set forth in this Article. Members of the Architectural Review Committee may but shall not necessarily be members of the Association. Members of the Architectural Review Committee to be appointed by the Association shall be appointed by the Executive Board. Members of the Architectural Review Committee appointed by the Executive Board may be removed at any time by the Board, and shall serve for such term as may be designated by the Executive Board, or until resignation or removal by the Board. During the Appointment Period,Declarant shall give the Association written notice of the appointment or removal of any member of the Architectural Review Committee. After the Appointment Period, the Association may at any time and from time to time change the authorized number of members of the Architectural Review Committee. A majority of the Architectural Review Committee shall constitute a quorum of the Committee,and a majority of Committee members present at any meeting where a quorum is present shall be required for Committee action. Notice of all Architectural Review Committee meetings shall be furnished to each member of the Committee. 11.5. Plan Review Procedure. Prior to commencement of any onsite work,the Owner or such Owner's designated representative (hereinafter referred to as "Applicant") must obtain the written approval of the Architectural Review Committee. a. Plan Submittal. The Applicant must submit to the Architectural Review Committee the following minimum items (in addition to other items which the Architectural Review Committee deems necessary or advisable for it to act under the circumstances): (i) Site plan; 20 (ii) Complete construction plans; (iii) Specifications,including color schemes and material samples for the building, addition or alteration; (iv) Payment in full of all anticipated costs as set forth below; and (v) Landscape plan including types and quantity of plants, including grasses. b. Plan Approval. Upon receipt by the Architectural Review Committee of all items set forth above, the Architectural Review Committee shall thereafter have thirty (30) days to furnish Applicant with written notice of approval or rejection of the plans as submitted. The approval may contain certain conditions including, but not limited to, deadlines for the completion of the Improvements. If rejected,the Architectural Review Committee shall furnish a written explanation of the basis for its rejection and shall, if practical, furnish suggested modifications which would render the plans acceptable, subject to resubmission for review and approval upon completion of any such modifications. The Architectural Review Committee may condition its approval upon certain modifications being made to the plans, in which event such plans shall be deemed approved only upon submission to the Architectural Committee of one (1) complete set of all revised plans fully incorporated and reflecting all such required modifications. c. Failure to Respond. If for any reason the Architectural Review Committee has not responded to the Applicant in writing within the thirty(30)day period as provided above, the Applicant shall notify the Architectural Review Committee of such failure in writing by certified mail, return receipt requested. Thereafter,unless the Architectural Review Committee furnishes written notice of approval or rejection as required above within fifteen(15) days following receipt of said notice from the Applicant, the plans as submitted shall be deemed approved. In the event the Architectural Review Committee has notified Applicant of the necessity of submitting additional documentation,the thirty(30)day and fifteen(15)day periods set forth above shall not begin until Applicant has submitted all required documentation. d. Dispute of Committee Action. If an Owner disputes the rejection of the Owner's application or the conditions placed upon the approval of the Owner's Application and files a lawsuit related to said dispute, the Architectural Review Committee and the Association shall be entitled to recover all costs and attorneys' fees incurred in connection with such suit 21 unless a court determines the Architectural Review Committee or Association actions were wanton and willful. 11.6. Notice of Completion. Upon completion of the construction, modification or alteration of any Improvements, the Applicant shall furnish written notice to the Architectural Review Committee of same. Thereafter,the Architectural Review Committee or its designee shall have the right to inspect the Improvements to assure compliance with the approved plans and the Applicant shall cooperate with the Architectural Review Committee or its designee to arrange the inspection. If the Applicant fails or refuses to permit such inspection, or if upon inspection it is determined that such Improvements do not comply with the approved plans, the Architectural Review Committee may furnish Applicant with written notice of noncompliance and exercise all remedies permitted herein, at law or in equity. 11.7. Remedies Upon Noncompliance. The Architectural Review Committee shall have the right to inspect the work during and after the time the work is being performed. If at any time the Architectural Review Committee determines an Owner or Applicant is not in compliance with the Architectural Design Standards or approved plans, including without limitation the failure to submit plans for approval prior to commencing any onsite work, the Architectural Review Committee shall furnish notice of noncompliance to the Owner. Upon such notice,the Owner shall immediately cease all work other than is required to bring the Improvements into compliance. If the Owner fails to immediately cease all such work, or fails to bring the Improvements into such compliance within a reasonable period of time not exceeding thirty (30) days, the Architectural Review Committee and the Association shall have all rights and remedies available pursuant to this Declaration, at law or in equity. Such rights and remedies include but are not limited to the following: a. Injunctive Relief. The Architectural Review Committee and the Association may seek appropriate injunctive relief in order to compel the Owner to cease all work and bring the Improvements into compliance or authorize the Architectural Review Committee or the Association to undertake all steps and actions, on the Owner's behalf and expense. Said expense shall be a personal obligation of the Owner and a charge and lien against said Owner's Unit as with Assessments as provided herein. b. Damages,Costs,and Attorney Fees. The Architectural Review Committee and the Association may recover from the Owner all damages, costs, and attorney fees suffered or incurred in connection with the existence or remedy of any Improvements not in compliance with this Declaration, the Architectural Design Standards or approved plans, as applicable. Said damages,costs,and attorney fees shall be a personal obligation of the Owner and a charge and lien against said Owner's Lot as with Assessments as provided herein. 22 11.8. Authority to Hire, Assess Costs, and Raise Funds. The Architectural Review Committee has the authority to hire or retain such professionals or other persons as it deems neces- sary for the purposes described herein. The Architectural Review Committee shall also have the power to require the Owner submitting matters to it for approval to pay reasonably necessary costs of the submission prior to their review and as a necessary condition thereof Any excess funds shall be returned, but the submitting Owner shall remain liable to pay any additional expense(s) if prepayment is insufficient. 11.9. Records. The Architectural Review Committee shall maintain written records of all applications submitted to it and all actions taken thereon for a period of five (5) years. 11.10. Restrictions on Use.Use and enjoyment of each Unit shall be subject to the following restrictions: a. Land Use. No Unit or portion thereof shall be used for any purpose other than as permitted by applicable zoning. No group housing or board and care homes shall be permitted. Use of the North Side Lateral Ditch right-of-way is prohibited unless approved by the Directors of the Ditch Company. b. No Further Subdivision. No Unit or any building shall be further subdivided or separated into smaller units by any Owner,and no portion less than all of any such Unit or building or any easement or other interest therein shall be conveyed or transferred by an Owner, provided that this shall not prohibit deeds of correction, deeds to resolve boundary line disputes, and similar corrective instruments. c. Nuisances. No noxious or offensive activity shall be carried on upon any Unit, nor shall any thing be done thereon which may become an annoyance to the neighborhood.No annoying light,sound,or odor shall be emitted from any Unit onto any other Unit(s) which can be considered offensive or intrusive to other Unit Owners or occupants. The Architectural Review Committee may adopt Rules and Regulations concerning the type and hours of operation of exterior lighting. d. 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. The Association may adopt a rule allowing the use of the above described items subject to specific requirements. 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. 23 e. Temporary Structures. No structures of a temporary character such as trailers, mobile homes, tents, shacks, garages, barns, or other outbuildings shall be used on any Unit at any time as a residence either temporarily or permanently. f. Accessory Buildings. No accessory buildings, storage barns,or sheds shall be constructed or moved onto any Unit without written consent of the Architectural Review Committee. Said structures shall not be unreasonably prohibited so long as full consideration is given to architectural integration of materials, colors, and placement on the property. g. Offsite Built Homes. No building built off-site in a factory or construction yard including a building on a permanent chassis with a HUD(United States Department of Housing and Urban Development) label, commonly referred to as a"Mobile Home", shall be permitted. h. Signs. No sign of any kind shall be displayed to the public view on any Unit except customary name and address signs and one (1) "For Sale" sign advertising the Unit for sale(not to exceed six(6)square feet)and such other signs as specifically permitted by the Executive Board. In no event shall any sign exceed the size limitation as provided in the Weld County Code. Political signs are prohibited to the greatest extent possible under C.R.S. 38- 33.3-106.5. Oil, Gas, and Mining. No oil drilling, oil development operations, oil refining,quarrying,or mining operations of any kind shall be permitted upon, in or under any Unit. Nor shall any oil wells, tanks, tunnels, mineral excavations, or shafts be permitted upon any Unit. No derrick or other structures designed for use in boring for oil or natural gas shall be erected, maintained, or permitted on any Unit. Notwithstanding the foregoing, mineral rights under the property are not owned or leased by the Declarant and therefore the above prohibition may not legally be effective to prohibit drilling. Owners of units are hereby notified that despite the above prohibition, drilling may occur on the property. j. Household Pets. Household pets such as dogs, cats, and such other household pets which may be specifically approved from time-to-time by the Executive Board, may be kept on a Unit provided, and unless otherwise authorized by the Executive Board, no more than a total of four (4) such household Pets (of which no more than three(3) shall be adult dogs)may be kept on any Unit. The offspring of an owner's pet shall not be considered for purposes of the number restrictions until they are six (6) months old. No such household pets may be kept, bred, or maintained for any commercial 24 purposes and the manner of keeping such animals shall not be allowed to result in any unsanitary conditions or a nuisance or annoyance to the occupants of other Units. The Executive Board may adopt Rules and Regulations regarding the type of animals recognized as household pets and requirements for keeping such household pets on any Unit. Household pets shall be properly housed and penned or fenced in enclosures approved by the Architectural Review Committee. Animals shall not be permitted to roam onto other Units. Pet foods will be contained within closed structures to mitigate uninvited wildlife. No animals shall be allowed on the Common Elements except in strict compliance with Rules and Regulations adopted by the Association. The Owners of a Unit shall be responsible for any damage or injury caused by any animals owned or kept by the Owners. Without limiting the foregoing, continuous and/or frequent barking or howling by dogs is hereby defined as a nuisance. k. Livestock. No more than the number of animal units permitted by the Weld County Code shall be permitted per lot. Only the following large animals shall be permitted on a lot. A "large animal" is defined as one of the following adult animals: cow, horse, or any other animal designated and approved from time-to-time by the Executive Board. No small animals shall be kept on a lot except with the prior written approval of the Executive Board. A"small animal" includes but is not limited to sheep, goats,rabbits, chickens, ducks, geese, or other small poultry or birds. Small animals shall be housed in adequate coops, hutches, or other enclosures to protect them from predators. No swine or any animal not included in the above lists may be kept on a Unit. No large or small animals may be kept, bred, or maintained for any commercial purposes and the Units shall not be used for feed yards,poultry farms,horse boarding and/or breeding operations or other commercial or industrial type uses. The manner of keeping large and/or small animals shall not be allowed to result in any unsanitary conditions or a nuisance or annoyance to the occupants of other Units. The Executive Board may adopt Rules and Regulations regarding the type, quantity, and requirements for keeping large and small animals on any Unit, and in doing so may take into consideration the vegetation and type of irrigation available, the carrying capacity of the Unit, the type and necessity of shelter for the animals, the manner in which the Lot Owner has maintained the vegetation and control of weeds on the Unit, and such other considerations as the Executive Board may deem germane. Any decision by the Executive Board regarding the type and number of animals which may be kept upon a Unit shall not be effective unless and until it has been reduced to writing. Any such decision may later be rescinded or modified by the Executive Board,and any Unit Owner affected by such rescission or modification shall have a reasonable time (not to exceed forty-five (45) days) to comply with such 25 rescission or modification. Large and small animals shall be properly housed and penned or fenced in enclosures approved by the Architectural Review Committee. Any livestock residing on the individual lots shall be confined to corrals with the exception of limited grazing on the particular lot. Lot grazing standards shall be established by the Association with the assistance of the CSU Cooperative Extension Service. Animals shall not be permitted to roam onto other Units. The Owners of a Unit shall be responsible for any damage or injury caused by any animals owned or kept by the Owners. No part of any Property shall be over-grazed, as determined by the Architectural Review Committee. If invisible fencing is used, it must be one hundred percent (100%) effective or replaced with fencing approved by the Architectural Review Committee within one (1) month's time after notification of unacceptable containment. No occupant or Owner shall allow an excess accumulation (as determined by the Architectural Review Committee) of manure on any Unit. 1. Garbage and Refuse Disposal. No Unit shall be used or maintained as a dumping ground for rubbish,trash,or garbage.Trash,garbage,or other waste shall not be kept except in sanitary and secure containers.All containers shall be kept in a clean and sanitary condition and shall not be kept in public view except during the scheduled day of pick up. The Association,acting through its Executive 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 Executive Board shall select the trash company based on competitive bids. The cost of trash collection shall be paid by each Owner directly to the trash collection company, and the Association shall not have the 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 of other improvements on a Lot. The contractor may dispose of trash, rubbish, debris, and 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. m. Storage of Materials. Storage of materials shall be done in accordance with the following provisions: (i) No occupant or Owner of any Unit shall store or permit to be stored or to accumulate, upon any Unit, any debris, any piles of manure, 26 piles of dirt,machinery or equipment or any part thereof,old or rusted pieces of metal, rubber or any type of junk, or other miscellaneous items unless approved by the Architectural Review Committee or concealed from public and neighbor views within an enclosed structure. (ii) Storage of building materials is permitted only to facilitate continuous building projects in progress.Unit Owners shall supervise and assure secure storage of all building materials during construction to prevent damage to other structures or littering throughout neighborhood as a result of heavy winds. (iii) No tanks for the storage of any materials other than propane fuel shall be erected, placed, or permitted above or below the surface of any Unit without the express written consent of the Architectural Review Committee. The Architectural Review Committee shall have the right to approve the location of any propane tank, and require screening around said tank. Any firewood pile shall be screened and located within the confines of a privacy fence approved by the Architectural Review Committee. n. Hazardous Activities. No activities shall be conducted on any Unit which are or might be unsafe or hazardous to any person or any property. No firearms shall be discharged upon any Unit and no open fires shall be lighted or permitted on any Unit except in a contained barbecue unit while attended and in use for cooking purposes or within an interior approved fireplace.No burning of trash, leaves, or other materials shall be allowed. The storage of any type of explosive devices, compounds, chemicals, or materials is prohibited. o. Motor Vehicles, Recreational Vehicles, Disabled Vehicles, Vehicle Storage and Repair. No inoperable, unlicenced or junked motor vehicles, trailers, boats, or other equipment shall be kept on any Lot or about the Project in any manner. No more than a combined total of three (3) of the following may be parked on a Lot except in an enclosed building: motor vehicles and motor cycles. No more than two (2)tractors may be parked on a Lot except in an enclosed building. No more than a total of one (1)motor home,camper,trailer,horse trailer,or recreational vehicle may be parked on a Lot except in an enclosed building. No more than one (1) boat may be parked on a Lot except in an enclosed building. A reasonable number of pieces of farm equipment used to maintain the Lot may be kept on a Lot. All of the above must be operable and, if applicable, properly licensed. No tractor-trailers or semi-trucks may be parked on a Lot at anytime. Except as 27 set forth above nothing else shall be parked or stored on a Lot except in an enclosed building unless specifically permitted by Rules and Regulations adopted by the Association. No motor vehicles, motor cycles,motor homes, campers, trailers, recreational vehicles, boats, tractors, and equipment shall be stored or parked on any street within the Project. No tractor-trailer or semi-truck shall be allowed at any time on any street in the Project except for delivery of materials during construction or moving vans, while being used to move personal property to or from a Lot. Nothing contained herein shall prevent the Owner or Owners of any Lot from storing any of said vehicles (except tractor-trailers or semi-trucks) in a garage on their Lot. No automotive repairs shall be done on any street, or Lot which may be seen from the view of adjacent properties. The restrictions set forth above shall not restrict the parking of trucks or other commercial vehicles for a reasonable time upon a Lot,which vehicles are necessary for the construction of a building on said Lot. p. Antennas. No exterior radio antennas,television antennas,or other antennas may be erected unless approved in writing by the Architectural Review Committee. Any facility for the transmission or reception of audio or visual signals shall be kept and maintained, to the extent reasonably possible, underground or within an enclosed structure. Notwithstanding the foregoing, neither the restrictions nor the requirements of this Section shall apply to those antennas (which may include some satellite dishes and other devices) that are specifically covered by the Telecommunications Act of 1996, as amended from time to time. As to antennas which are specifically covered by the Telecommunications Act of 1996, as amended, the Committee shall be empowered to adopt rules and regulations governing the types of antennas that are permissible hereunder, and to the extent permitted by the Telecommunications Act of 1996,as amended,establishing reasonable,non- discriminatory restrictions relating to appearance, safety, location, and maintenance. q. Home Occupations/Businesses. The conduct of a home occupation or business within the Project is prohibited unless the following requirements are met: home occupations or businesses must be conducted inside the residence and not occupy more than fifteen percent (15%) of the total floor area of the residence. Home occupations or businesses must be conducted only by the residents of said dwelling with no nonresidents employed at the residence. No retail sales shall be conducted on the Lot or in public view. Home occupations or businesses must be conducted within the scope of the zoning ordinances of Weld County. Customer visits must be limited to an occasional frequency. Customer parking must be in the driveway. There 28 shall be no evidence of a home occupation or business from the outside of the residence. r. Clothes Lines and Dog Runs. No clothes lines shall be located on any Lot and dog runs must first be approved by the Architectural Review Committee. s. Maintenance and Repair of Landscaping and Improvements:Except for areas covered by buildings, driveways or parking areas, all land areas shall be covered with plants or other ground cover,pursuant to a plan approved by the Architectural Review Committee. The landscaping shall be installed within eighteen(18)months after the issuance of a certificate of occupancy. Maintenance and repair of landscaping and Improvements shall be subject to the following provisions: (i) Each Owner shall provide prudent and regular exterior maintenance upon each Unit including painting, repairs and/or replacement of roofs, gutters, downspouts, exterior building surfaces, trees, shrubs, grass and other landscaping(including pasture grass), fences,walks, driveways and other surfaces,and all other exterior Improvements to maintain the visual attractiveness and value of the Units in the Project. Unit Owners shall not allow weeds or other unsightly vegetation on Units to exceed twelve inches in height. Owners must properly control noxious weeds. Weed management and abatement measures will be established by the Association with the assistance of the CSU Cooperative Extension Service and Weld County Public Works. The Association may adopt a rule concerning weed management and nuisance wildlife abatement. (ii) Failure to maintain: In the event an Owner of any Unit in the Project shall fail to maintain the premises and the Improvements thereon as provided herein, the Association or the Architectural Review Committee, after Notice to the Owner and a reasonable opportunity for the Owner to perform all necessary work, may undertake such work on behalf of and at the Owner's expense. Any such expense shall be reimbursed to the Association or Architectural Review Committee within thirty(30)days of the furnishing of Notice to such Owner that such reimbursement is owed, together with costs of collection thereof,attorney fees,and interest thereon. Said obligation shall be a personal obligation of the Owner and a charge and lien against each Owner's Unit as provided herein for Assessments. t. Non-Owner Occupants. All covenants,restrictions,rules,regulations, and provisions of this Declaration shall be binding on non-Owner occupants 29 without exception. Property Owners who lease their property shall be required to furnish to lessees copies of this Declaration along with a written lease referencing this Declaration; leasing or being absent from the property shall not release property Owners from liabilities and responsibilities described herein. u. Water and Sewer. No individual water supply system or sewage disposal system shall be permitted on any Unit unless it is in compliance with all state and county health regulations and approved by the Weld County Department of Public Health and Environment. Leach fields must be designed by a licensed engineer. Activities such as permanent landscaping,structures,dirt mounds, animal husbandry activities, or other activities that would interfere with the construction, maintenance, or function of the absorption fields are expressly prohibited in the absorption field sites. v. No Violation of Law. Nothing shall be done or kept in or on any portion of the Project by a Unit Owner or occupant which would be in violation of any statute, rule, ordinance, regulation, permit, or validly imposed requirement of any governmental body having jurisdiction over the Project. The Association shall have no duty or obligation to enforce any such statute,rule, ordinance, regulation, permit or validly imposed requirement. w. Fencing. No fencing of any type shall be constructed on any Lot within the Project without prior approval in writing by the Architectural Review Committee. The Association may adopt rules concerning fencing including compliance with recommendations of the Colorado Division of Wildlife. Project perimeter fencing,if any, shall be three-strand,double stay barb-wire fencing,with the lowest strand being no lower than eighteen(18) inches from the ground, and the highest strand being no higher than thirty-eight (38) inches from the ground. x. No Imperiling of Insurance. Nothing shall be done or kept in or on any portion of the Project which might result in an increase in the premiums with respect to insurance obtained for all or any portion of the Project or which might cause cancellation of such insurance, except with the prior written consent of the Executive Board. y. Architectural Design Standards. The minimum Architectural Design Standards for the Project are set forth in Exhibit C attached hereto and made a part hereof. The Architectural Review Committee has the power and authority to make additional requirements for any residential construction or reconstruction within the Project. The Architectural Review Committee may modify or amend the Architectural Design Standards so long as such 30 modifications and amendments are consistent with this Declaration. The Architectural Review Committee may grant reasonable variances or adjustments for any conditions and restrictions imposed by this Article in order to overcome practical difficulties or prevent unnecessary hardships arising by reason of the application of any such conditions and restrictions. Such variances shall be granted only in case the granting thereof shall not be materially detrimental or injurious to the other property or Improvements in the Project and shall not be contrary to the general intent and purpose hereof. During the period of Declarant's Reserved Rights, the minimum standards set forth in Exhibit B cannot be altered without Declarant's approval. z. Underground Lines. All electric, television, telephone, and other lines running from any property line of a Lot to a residence or other structure shall be placed underground. aa. Trash Burning. Trash, leaves, and other similar materials shall not be burned within the Project. bb. Drainage. No Owner shall change the topography or drainage pattern of a Lot including, not by limitation, any drainage easement areas, from the topography or drainage pattern established by the Declarant unless such change is approved by the Architectural Review Committee and the Weld County Department of Public Works. Any Owner who in any way materially modifies the topography or drainage pattern of a Lot without such consent shall be liable for any and all damages stemming therefrom, and may be required to return such topography or drainage patterns to their original state. If any Owner fails to fully abide by this provision, the Association or the Architectural Review Committee,after Notice to the Owner and a reasonable opportunity to perform all necessary work restoring drainage patterns, may undertake such work on behalf of and at the Owner's expense. Any such expense shall be reimbursed to the Association or Architectural Review Committee within thirty(30) days of the furnishing of Notice to such Owner that such reimbursement is owed, together with costs of collection thereof, attorney fees, and interest thereon. Said obligation shall be a personal obligation of the Owner and a charge and lien against each Owner's Lot as provided herein for Assessments. cc. Damage to Residence. If all or any portion of a residence is damaged or destroyed by fire or other casualty, it shall be the duty of the Owner,with all due diligence,to rebuild,repair,or reconstruct the residence in a manner that will substantially restore it to its appearance and condition immediately prior to the casualty. 31 dd. Common Open Space. The Common Open Space, will be maintained by the Association. The goal will be to maintain this area in its present state,or better. The management plan, entitled "Open Space Management Plan for Deer Meadows Cluster PUD", was developed with the assistance of CSU Cooperative Extension and includes grazing, mowing, weed management, preservation and protection of the wet meadows and ephemeral ponds, fire protection, fertilization and other site enhancement measures. Motorized vehicles will not be allowed in the Common Open Space area unless used for emergency and maintenance duties as specified in these covenants. ee. Prohibitions Contrary to Public Policy. The Association shall comply with C.R.S. 38-33.3-106.5 as presently enacted or subsequently amended. Said statute currently provides that an association shall not prohibit any of the following: 1. The display of the American flag on a unit owner's property, in a window of the unit,or on a balcony adjoining the unit if the American flag is displayed in a manner consistent with the federal flag code, P.L. 94-344; 90 stat. 810; 4 U.S.C. 4 to 10. The Association may adopt reasonable rules regarding the placement and manner of display of the American flag. The Association rules may regulate the location and size of flags and flagpoles, but shall not prohibit the installation of a flag or flagpole. 2. The display of a service flag bearing a star denoting the service of the owner or occupant of the unit, or of a member of the owner's or occupant's immediate family,in the active or reserve military service of the United States during a time of war or aimed conflict, on the inside of a window or door of the unit. The Association may adopt reasonable rules regarding size and manner of display of service flags; except that the maximum dimensions allowed shall be not less than nine inches by sixteen inches. 3. The display of a political sign by the owner or occupant of a unit on property within the boundaries of the unit or in a window of the unit, except that an association may prohibit the display of political signs earlier than forty-five days before the day of an election and later than seven days after an election day. An association may regulate the size and number of political signs in accordance with the following:(i)the association shall permit at least one political sign per political office or ballot issue that is contested in a pending election; and (ii) the maximum dimensions of each sign may be limited to the lesser of the following: The maximum size allowed by any applicable city, town, 32 or county ordinance that regulates the size of political signs on residential property; or thirty-six inches by forty-eight inches. As used in this paragraph, "political sign" means a sign that carries a message intended to influence the outcome of an election, including supporting or opposing the election of a candidate, the recall of a public official, or the passage of a ballot issue. 4. The parking of a motor vehicle by the occupant of a unit on a street, driveway, or guest parking area in the common interest community if the vehicle is required to be available at designated periods at such occupant's residence as a condition of the occupant's employment and all of the following criteria are met: (i) the vehicle has a gross vehicle weight rating of ten thousand pounds or less;(ii)the occupant is a bona fide member of a volunteer fire department or is employed by a primary provider of emergency fire fighting, law enforcement, ambulance, or emergency medical services; (iii)the vehicle bears an official emblem or other visible designation of the emergency service provider;and(iv)parking of the vehicle can be accomplished without obstructing emergency access or interfering with the reasonable needs of other unit owners or occupants to use streets and driveways and guest parking spaces within the common interest community. 11.11. Waivers; No Precedent. The approval or consent of the Architectural Review Committee or any representative thereof, or of the Board of Directors, to any application for architectural approval shall not be deemed to constitute a waiver of any right to withhold or deny approval or consent by the Committee or any representative thereof, or by the Board of Directors, as to any application or other matters whatsoever as to which approval or consent may subsequently or additionally be required. Nor shall any such approval or consent be deemed to constitute a precedent as to any other matter. ARTICLE 12 - MORTGAGEE'S RIGHTS The following provisions are for the benefit of holders, insurers, or guarantors of First Mortgages on Units. To the extent permitted under Colorado law and applicable, necessary or proper,the provisions of this Article apply to this Declaration and also to the Articles, Bylaws, and Rules and Regulations of the Association. 12.1. Distribution of Insurance or Condemnation Proceeds. In the event of a distribution of insurance proceeds or condemnation awards allocable among the Units for losses to, or taking of, all or part of the Common Elements, neither the Owner nor any other person shall take priority in receiving the distribution over the right of any Mortgagee who is a beneficiary of a First Mortgage against the Unit. 33 12.2. Right to Pay Taxes and Charges. Mortgagees who hold First Mortgages against Units may jointly or singularly, pay taxes or other charges which are in default and which may or have become a charge against any Common Elements, and may pay overdue premiums on hazard insurance policies, or secure new hazard insurance coverage on the lapse of a policy for such Common Elements,and Mortgagees making such payments shall be owed immediate reimbursement therefor from the Association. 12.3. Audited Financial Statement. Upon written request from any Agency or Mortgagee which has an interest or prospective interest in any Unit or the Project,the Association shall prepare and furnish within ninety (90) days an audited financial statement of the Association for the immediately preceding fiscal year, at the expense of such Mortgagee or Agency. 12.4. Notice of Action. Any First Mortgagee and any Agency which holds, insures, or guarantees a First Mortgage, upon written request to the Association (which shall include the Agency's name and address and the Unit number), will be entitled to timely written notice of a. Any proposed termination of the common interest community; h. Any condemnation loss or any casualty loss which affects a material portion of the Project or which affects any Unit on which there is a First Mortgage held, insured, or guaranteed by such Agency; c. Any delinquency in the payment of Assessments owed by an Owner subject to the Mortgage where such delinquency has continued for a period of sixty (60) days; d. Any lapse, cancellation, or material modification of any insurance policy maintained by the Association pursuant to this Declaration. 12.5. Action by Mortgagee. If this Declaration or any Association Documents require the approval of Mortgagees, then if any Mortgagee fails to respond to any written proposal for such approval within thirty(30)days after such Mortgagee is given proper notice of the proposal(or such longer time as may be set forth in the notice), such Mortgagee shall be deemed to have approved such proposal provided that the notice was delivered to the Mortgagee by certified or registered mail, return receipt requested. ARTICLE 13 - DURATION OF COVENANTS AND AMENDMENT 13.1. Term. The covenants and restrictions of this Declaration shall run with and bind the land in perpetuity. 34 13.2. Amendment. Except as otherwise permitted in the Act, including but not limited to amendments that may be executed by the Declarant or the Association, this Declaration, or any provision of it, may be amended only by vote or agreement of Owners holding not less than sixty- seven percent(67%)of the votes possible to be cast under this Declaration. The covenants contained in this Declaration requiring maintenance of the private street and irrigation system shall not be modified or terminated without the consent of the Weld County Board of County Commissioners. 13.3. Declarant Rights. To the extent permitted under the Act, provisions in this Declaration reserving or creating Special Declarant Rights may not be amended without the consent of Declarant. 13.4. Execution of Amendments. Any amendment must be executed by the President of the Association and recorded, and approval of such amendment may be shown by including within or attaching a certificate of the Secretary of the Association to the recorded instrument certifying the approval of a sufficient number of Owners of the amendment. Notwithstanding the foregoing, Declarant, acting alone,reserves to itself the right and power to modify and amend this Declaration and the Plat to the fullest extent permitted under the Act and this Declaration. 13.5. Revocation. This Declaration will not be revoked nor shall the common interest community created hereby be terminated (except as provided above regarding total destruction and/or total condemnation),without the consent of the Owners to which at least seventy-five percent (75%)of the votes in the Association are allocated evidenced by a written instrument duly recorded with the Clerk and Recorder. ARTICLE 14 — WELD COUNTY'S RIGHT TO FARM 14.1. Rural Weld County. Weld County is one of the most productive agricultural counties in the United States, ranking fifth (5"')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. 14.2. Agricultural Uses. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well-run agricultural activities will generate off-site impacts,including noise from tractors and equipment; slow-moving farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads;odor from animal confinement,silage and manure;smoke from ditch burning;flies and mosquitoes; and the use of pesticides and fertilizers in the fields, including the use of aerial 35 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, Colorado Revised Statutes, 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. 14.3. Rural Services. Weld County covers a land area of over four thousand(4,000)square miles in size(twice the size of the State of Delaware)with more than three thousand seven hundred (3,700) miles of state and county roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the County and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads,no matter how often they are bladed,will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Snow removal for roads within subdivisions are of the lowest priority for public works or may be the private responsibility of the homeowners. Services in rural areas, in many cases,will not he equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. 14.4. Parental Supervision. Children are exposed to different hazards in the County than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs and livestock present real threats to children. Controlling children's activities is important,not only for their safety, but also for the protection of the farmer's livelihood. Parents are responsible for their children. ARTICLE 15 - ANNEXATION OF ADDITIONAL PROPERTY 15.1. Annexation. Property may be annexed subject to the following: a. Additional property may be annexed to this Declaration with the consent of the Executive Board. Notwithstanding the foregoing, Declarant may annex to this Declaration additional property within the lands described on the attached Exhibit B, until that date which is fifty (50) years after the date of recording of this Declaration in the County of Weld, Colorado, without consent of any other Owners, security interest holders, or any other person. Each annexation by Declarant shall be effected,if at all,by recording of a plat or map of the property to be annexed(unless such plat or map has previously been recorded),and by recording, in the Office of the Clerk and Recorder of Weld County,Colorado,which document shall provide for annexation to this 36 Declaration of the property described in such Supplemental Declaration,shall state that Declarant (or other person) is the Owner of the Lots thereby included, shall assign an identifying number to each new Lot, shall describe any Common Elements within the property being annexed, shall reallocate the allocated interests among all Lots,and may include such other provisions as Declarant deems appropriate (including, without limitation, covenants, restrictions, or other provisions which will be applicable to such annexed property and which are in addition to or more restrictive than the provisions of this Declaration). All provisions of this Declaration, including, but not limited to those provisions regarding obligations to pay Assessments to the Association and any right to cast votes, shall apply to annexed property immediately upon recording of a Supplemental Declaration with respect thereto, as aforesaid. In addition to the foregoing, Declarant may amend this Declaration at any time during the fifty (50) year period noted hereinabove, in order to add additional real estate to the community from such locations as Declarant may elect in its sole discretion, so long as the total additional real estate so annexed to the community pursuant to this sentence is not described in the attached Exhibit B and does not exceed ten percent(10%) of the total area described in the attached Exhibits A and B. b. Each portion of the community which is annexed to this Declaration by a Supplemental Declaration,as provided in the preceding subsection(a), shall be subject to a right of withdrawal by Declarant. Such withdrawal may be accomplished, if at all, in accordance with the Act. However, Declarant's right to withdraw each such portion of the community shall expire and terminate, as to each portion of the community which has been annexed to this Declaration, upon the first conveyance of any Lot in such annexed portion of the community to any person other than Declarant. c. Declarant may exercise its development rights in all or any portion of the real property described in the attached Exhibit B over which such rights have not already been exercised, and no assurances are made to the boundaries or order of exercise of any such development rights 15.2. Acquisition of Common Elements. Declarant may convey to the Association additional real estate, improved or unimproved, located within the common interest community or adjacent thereto, which upon conveyance or dedication to the Association shall be accepted by the Executive Board on behalf of the Association and thereafter shall be maintained by the Association at its expense for the benefit of all its Members. 15.3. Amendment. This Article shall not be amended without the written consent of Declarant, so long as the Declarant owns more than twenty-five percent (25%) of the Residential Units. 37 15.4. Effect. The filing of a Supplemental Declaration and Supplemental Map, annexing property to the Association shall not be construed as an amendment to this Declaration requiring a vote of sixty-seven percent (67%) of the Owners under this Declaration. ARTICLE 16 - GENERAL PROVISIONS 16.1. Restriction on Declarant Powers. Notwithstanding anything to the contrary herein, no rights or powers reserved to Declarant hereunder shall exceed the time limitations or permissible extent of such rights or powers as restricted under the Act. Any provision in this Declaration in conflict with the requirements of the Act shall not be deemed to invalidate such provision as a whole but shall be adjusted as is necessary to comply with the Act. 16.2. Enforcement. Except as otherwise provided in this Declaration,the Executive Board, Declarant, Architectural Review Committee, or any Owner shall have the right to enforce, by a proceeding at law or in equity,all restrictions,conditions,covenants,reservations,liens, and charges now or hereafter imposed by the provisions of this Declaration. Failure by the Executive Board of the Association, Declarant, Architectural Review Committee, or by any Owner to enforce any restriction, condition, covenant, reservation, lien, or charge now or hereafter imposed by the provisions of this Declaration shall in no event be deemed a waiver of the right to do so thereafter. Enforcement shall be pursuant to C.R.S.38-33.3-123,as presently enacted or subsequently amended, which provides as follows: 16.2.1 If any unit owner fails to timely pay assessments or any money or sums due to the association,the association may require reimbursement for collection costs and reasonable attorney fees and costs incurred as a result of such failure without the necessity of commencing a legal proceeding. For any failure to comply with the provisions of this article or any provision of the declaration, bylaws, articles, or rules and regulations, other than the payment of assessments or any money or sums due to the association, the association,any unit owner,or any class of unit owners adversely affected by the failure to comply may seek reimbursement for collection costs and reasonable attorney fees and costs incurred as a result of such failure to comply, without the necessity of commencing a legal proceeding. In any civil action to enforce or defend the provisions of this article or of the declaration, bylaws, articles, or rules and regulations, the court shall award reasonable attorney fees,costs,and costs of collection to the prevailing party. Notwithstanding the previous paragraph, in connection with any claim in which a unit owner is alleged to have violated a provision of this article or of the declaration, bylaws, articles, or rules and regulations of the association 38 and in which the court finds that the unit owner prevailed because the unit owner did not commit the alleged violation: (i)the court shall award the unit owner reasonable attorney fees and costs incurred in asserting or defending the claim; and (ii) the court shall not award costs or attorney fees to the association. In addition, the association shall be precluded from allocating to the unit owner's account with the association any of the association's costs or attorney fees incurred in asserting or defending the claim. A unit owner shall not be deemed to have confessed judgment to attorney fees or collection costs. 16.2.2 Notwithstanding any law to the contrary, no action shall be commenced or maintained to enforce the terms of any building restriction contained in the provisions of the declaration, bylaws, articles, or rules and regulations or to compel the removal of any building or improvement because of the violation of the terms of any such building restriction unless the action is commenced within one year from the date from which the person commencing the action knew or in the exercise of reasonable diligence should have known of the violation for which the action is sought to be brought or maintained. 16.3 Alternative Dispute Resolution. As set forth in C.R.S. 38-33.3-124, the cost, complexity,and delay inherent in court proceedings make litigation a particularly inefficient means of resolving neighborhood disputes. The Association may adopt protocols that make use of mediation or arbitration as alternatives to, or preconditions upon,the filing of a complaint between a unit owner and association in situations that do not involve an imminent threat to the peace,health, or safety of the community. Any controversy between an association and a unit owner arising out of the provisions of this article may be submitted to mediation by either party to the controversy prior to the commencement of any legal proceeding. The mediation agreement,if one is reached,may be presented to the court as a stipulation. Either party to the mediation may terminate the mediation process without prejudice. If either party subsequently violates the stipulation,the other party may apply immediately to the court for relief. The declaration, bylaws, or rules of the association may specify situations in which disputes shall be resolved by binding arbitration under the "Uniform Arbitration Act", part 2 of article 22 of title 13, C.R.S. 16.4. Registration of Mailing Address. Each Owner and each security interest holder, insurer, or guarantor of a security interest, shall register their mailing address with the Association. All notices, demands, or other notices intended to be served upon the Board of Directors or the Association during the period of Declarant control shall be sent by registered or certified mail, postage prepaid, c/o Trinity Properties, L.P., 1601 Pelican Lakes Point#201-B, Windsor, Colorado 80550, unless such address is changed by the Association during the period of Declarant control. Subsequent to the termination of the period of Declarant control, the Association shall notify the Owners of a different address for notices. 39 16.5. Limitation on Liability. The Association,Board of Directors,Architectural Review Committee, Declarant, and any member, agent, or employee of any of the same, shall not be liable to any person for actions taken or omissions made in the performance of their duties except for wanton and willful acts or omissions. 16.6. No Representations or Warranties. No representations or warranties of any kind, express or implied, shall be deemed to have been given or made by the Declarant or its agents and employees,in connection with any portion of the community,or any Improvement,or their physical condition,zoning, compliance with applicable laws, fitness for intended use, or in connection with the subdivision,sale,operation,maintenance,cost of maintenance,taxes or regulation thereof,unless and except as shall be specifically set forth in writing. 16.7. Disclaimer Regarding Safety. DECLARANT AND THE ASSOCIATION HEREBY DISCLAIM ANY OBLIGATION REGARDING THE SECURITY OF ANY PERSONS OR PROPERTY WITHIN THE COMMUNITY. BY ACCEPTING A DEED TO PROPERTY WITHIN THE COMMUNITY, EACH OWNER ACKNOWLEDGES THAT DECLARANT AND THE ASSOCIATION ARE ONLY OBLIGATED TO DO THOSE ACTS SPECIFICALLY ENUMERATED HEREIN,OR IN THE ARTICLES OF INCORPORATION,BYLAWS AND RULES AND REGULATIONS OF THE ASSOCIATION,AND ARE NOT OBLIGATED TO DO ANY OTHER ACTS WITH RESPECT TO THE SAFETY OR PROTECTION OF PERSONS OR PROPERTY WITHIN THE COMMUNITY. EACH OWNER ASSUMES FULL RESPONSIBILITY FOR THE SAFETY OF FAMILY, FRIENDS, GUESTS, AND PETS AND AGREES TO INDEMNIFY AND HOLD HARMLESS THE DECLARANT AND THE ASSOCIATION FROM ANY CLAIMS RELATED TO SAFETY OR PROPERTY DAMAGE ISSUES OF ANY KIND. 16.8. Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions which shall remain in full force and effect. 16.9. Conflicts Between Documents. In case of conflict between this Declaration and the Articles and the Bylaws of the Association,this Declaration shall control.In case of conflict between the Articles and the Bylaws, the Articles shall control. 40 16.10. Conflict With Act. In the event that any of the terms or provisions of this Declaration are in conflict or inconsistent with the Act, the terms or provisions of the Act shall control and govern. In case of any such conflict or inconsistency,the applicable terms and provisions contained in this Declaration shall, to the extent possible, be construed in accordance with the Act, and any conflict with or violation of the Act by any terms or provisions of this Declaration shall not affect, void,or render unenforceable any other term or provision of this Declaration(which shall be in full force and effect in accordance with their terms). DECLARANT: TRINITY PROPERTIES,L.P. 1"/By:C nn President of Mid-Coast Development, Inc. General partner of Trinity Properties, L.P. STATE OF ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me on the day of , 20 by Edward F. Flynn, Jr., President of Mid-Coast Development, Inc, general partner of Trinity Properties, L.P. WITNESS my Hand and Official Seal. My commission expires: Notary Public c C1.C„\1 41 hiL MI Dg ��r��s E CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT BAN K &TR USTJ State of CALIFORNIA County of SAN LUIS OBISPO On JANUARY 23, 2007 before me, LETISIA R. GONZALEZ NOTARY PUBLIC, personally appeared EDWARD F. FLYNN JR, personally known to me - OR - ® proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and *� ... acknowledged to me that he/she/they executed the same in 47 LETISIA R. 0misai Ez u his/her/their authorized capacity(ies), and that by Q COMM. !1889740 NOTARY PUBLIC-CALIFORNIA o his/her/their signature(s) on the instrument the person(s), or SAN LUIS OBISPO COUNTY Li•:'•' My Comm.@ptrssassAsAm Miry 25,2010 d the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. (LIVED/4— l"k 61O414hr Signature of Notary Y OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER(PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT Individual Corporate Officer Title or Type of Document Title ❑ Partner(s) ❑ Limited General Number of Pages Attorney-in-Fact Trustee(s) Guardian/Conservator Date of Document Other: Absent Signer (Principal) is Representing: Signer(s) Other Than Name(s)Above ADM-005 (07/01)Platform EXHIBIT A TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR DEER MEADOWS Lots 1 through 17, Outlot A and Tracts 1 & 2, Deer Meadows P.U.D. PF-1102, according to the final plat thereof, as recorded , 2006 under Reception No. of the records of the Weld County Clerk and Recorder, State of Colorado. 42 EXHIBIT B TO DECLARATION OF COVENANTS,CONDITIONS AND RESTRICTIONS FOR DEER MEADOWS PROPERTIES OWNED BY DECLARANT WHICH MAY BE ADDED TO THE DECLARATION Outlot B, Deer Meadows P.U.D. PF-1102, according to the final plat thereof, as recorded , 2006 under Reception No. of the records of the Weld County Clerk and Recorder, State of Colorado. 43 EXHIBIT C TO DECLARATION OF COVENANTS,CONDITIONS AND RESTRICTIONS FOR DEER MEADOWS MINIMUM ARCHITECTURAL DESIGN STANDARDS Section 1. Minimum Square Footage. The ground floor finished area of any residence, exclusive of open porches, patios and vehicle garages, shall not be less than fifteen hundred (1,500) square feet for a one-story residence. Section 2. No Modular Buildings. No modular structures will be permitted. Section 3. Accessory Buildings. All accessory buildings shall be subject to Architectural Review Committee approval as set forth in the Declaration. The maximum size of the buildings may not exceed the maximum size permitted by Weld County, Colorado. 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Receipt#:726258E Page:1 of a Total Foo:$16.00 Steve Moreno, Clerk and Recorder • QUIT CLAIM DEED• correction 'THIS DEED,Madelhls 4t_mpof art I,2006 between Ricky D.Tannehill,ad Mid Coast Development,Ire. • of the County of Weld and State of COLORADO,Gramm(s) and Trinity Properties,LP.,a Limited Partnership ltao( ik rm- UsUtS?Gil ilk)ik 7131 b,Wircl.Sar p.siereDD whose legal address 1s4813UC1rtawaerGreele'e&su2th .... . . . .., .. -.._. .. . of the County o£Weld and Slam of COLORADO,Cirmrte(e) W IT.'NESSETH,That the grantor(s),fbr and In consideration of the sera of TIN AND NO/100 DOLLARS,(S10.00),the receipt and sufficiency of which is hereby acknowledged,has remised,released,sold,and QUIT CLAIMED;and by these presents does remise,release,sell and QUIT CLAIM ma the grantee®,his heirs,anccenon and assigns,forever,all the right,title,interest,claimmid demand which the grantor(e)has in and to the realpropesty,together with Improvements,if any, situate,lying and being in the County of Weld and COLORADO,described as follows: See Exhibit A attached hereto end made a part hereof. • This Deed is being recorded to correct Quit Claim Deed recorded August 9,2002 at Reception No.2976729. also Imown by street and imniber as:Vacant Greeley,CO 80631 • TO HAVE AND TO HOLD the sane, together with all and singular the appurtenuwes and privileged thereunto belonging, or in anywise thoneunto appedaining aid all the Wale, right, title,interest, and claim whatsoever, of the grantor(s),either In law or equity,to the only proper use,benefit and behoof of the pdmttee(s);his heirs and Lesion forever. The singular•tandiai shall inducts the plural,the Moral the singular,and the use of any gender shalt be appltcableto an genders IN WITNESS WHEREOF,the granter(a)hasexecutd this deed onthe date set forth above. Mid.Coaet Development,Inn,a California Corporation • • Oki q P.Flynn, ,Presiirlde • WM1YA 170009 STATE OP Oki Ile' "!' Wiry IonYt IT,Sef.AJ ,-.bi S D,dt SA, }sg: \ r'1 rac°om .u.M. 2000 " coumry o .The foregoing instrument was acknowledged before me this inidgv of by Edward P.Flynn.Jr..President of Mid Coats Development,Mt..a Ma Craver • • • Witness my hand and official�s'�et. • .s My Commission expires:I • l SI o2a8 • Qom ELK ar Bemrley 11de Qan CainDeed PIIeNo.80/00219 • oRecordod In Vaeld Co. Jo:Id:3388608 • i 05/16/200604:11 P Recelpt#:7282589•� I Page:2 013 Total Fee:$16.00 E Steve Moreno, Clerk and Recorder Exhibit A A tract of land located in Section 7,Township 6 North,Range 63 West of the 6s'P.M.,County of Weld, State of Colorado,being more particularly described as follows: Beginning at the South Quarter comer of said Section 7 and considering the South line of said Section 7 to bear South 89°59'56"West and with all other bearings contained herein being relative thereto; Thence South 89°59'56"West,355.56 feet along said South line to the Southeast corner of Lot A of AMRE 912 recorded May 21,2001 as Repetition No.2850069; Thence North 02°10'31"East,141449 feet along the East boundary of said LotA and Lot B of A)AItE 912; • Thence North 52°07'42"West,465.31 feet along the Northeasterly boundary of said Lot B to a point on the South right=of--way line of the Cu'eeley Ditch No.2/North side lateral extension ditch,said point lying 50.00 feet Southerly and Easterly from the centerline of said ditch as measuted'at right angles thereto; Thence along the South right-of-way line by the fbIlowing 43 courses: • 1)North 06°48'11"West,560.53 fed; 2)North 85°04'49"East,114.27 feet; 3)South 85°04'17"East,118.13 feet; 4)North 66°48'05"East,100.66 feet; • 5)North 37°35'21"East,92.54 feet; 6)North 21°53'02"East,155.97 feet; • 7)North 04°06'12"East,151.94 feet;• 8)North 30°59'34"West,250.19 feet 9)North 20°03'50"West,160.19 feet • 10)North l l°59'19"West,111.02 feet; . 11)North 09°40'28"West,539.00 feet; 12)North 16°32'40"East,507,27 feet 13)North 37°18'02"East,71.23 feet; 14)North 68°15'06"East,459.76 feet, 15)South 78°30'06"East,49.45 feet, 16)South 54°26'51"East,162.79 feet; 17)South 86°05'50"East,186.73 feet; 18)South 32°35'31"East,152.59 fat; 19)South 69'01'59"East,153.91 fat; - - --- - -. . 20)North 74°00'35"East,132.61 feet; 21)North 30'50'26"East,112.63 fed; 22)North 01°02'26"West 179.78 fed; 23)North 83°07'22"East,170.44 feet; 24)North 35°23'55"East,116.24 feet; 25)North 06°25'24"West 377,48 feat; 26)North 10°52'18"Bast,134.11 fed; • 27)North 39°55'56"East,98.05 feet; 28)South 83°58'01"East,121.19 feet; 29)South 46°35'51"East,261.14 feet 30)South 87°30'52"East,173.07 feet;. 31)North 37°26'41"East,190.86 feet; • 32)North 69°24'25"East 58.83 fed; 33)South 71°15'41"East,93.86 fed; 34)South 30°22'43"Bast,75,16 feat; 35)South 19°35'39"East,326.80 feet; 36)South 07°46'49"East,155.89 feet; 37)South 17°35'21"West,351,65 feet, . . 38)South 13°59'32"East,228.42 feet; - 39)South 27°42'31"East,305.14 feet; 40)South 30°38'20"Bast,689.28 feet, 41)South 21°10'00"East 238.27 feet, 42)South 26°27'04"East,153.97 feet 43)South 34°31'23"East 134.71 feet to a point en the East lino of the Southeast 14 of said Section 7,said point lying South 00°48'02"West,39.68 feet from the East Quarter Corner of said Section 7; Thence South 00°48'02"West 2616.40 fed along the East line of said Southeast 14 to the Southeast comer of said Section 7;Thence South 89°59'56"West,2637.16 fed along the South tint of said Southeast 14 to'the South Quarter Cotner and the Point of Beginning; • eFiecordeG idle aunty, CO DOC, Id:3386608w_..__. 05/16/2006, 41'I P Receipt#:7262569 Page:3 of 3 Total Fee:$16.00 Steve Moreno, Clerk and Recorder Sign re ahibit to correction Quit Claim Deed Rocky D. Tannehill STATE OF }ss: COUNTY OF r foregoing instrument was acknowledged before me this ( day of by Rocky D. Tannehill NotatyPublic Witness my hand and official seal. My Commission expires: a ' ►a • • StateNNnn11al PW)Io igton • My AppoinIsnere 0et 21.2001 • • N7RYACRW Fife Na 80200219 Notary Admowledeement Security Title Guaranty Co. 33690 W 10thSt 2nd Floor Greeley,CO 80634 °Phone: (970)356-3200 Fax: (970)356-4912 COMMITMENT SCHEDULE A Commitment No: 50146652,Amend.No. 1 1. Commitment Date: June 2, 2006 at 8:00 a.m. 2. Policy or Policies to be issued: Proposed Insured: Policy Amount (a) Owner's Policy $ TO COME TBD 3. Fee Simple interest in the land described in this Commitment is owned,at the Commitment Date by: Trinity Properties,L.P.,a California Limited Partnership 4. The land referred to in this Commitment is described as follows: See Exhibit A attached hereto and made a part hereof. (for informational purposes only) TBD,Greeley,CO 06/14/2006 12:55:02 jhd DCB 06/14/2006 12:54:20 jhd DOS File No.: SO146692,Amend.Nn.I Exhibit A A tract of land located in Section 7,Township 6 North,Range 63 West of the 6°i P.M.,County of Weld, State of Colorado,being more particularly described as follows: Beginning at the South Quarter corner of said Section 7 and considering the South line of said Section 7 to bear South 89°59'56"West and with all other bearings contained herein being relative thereto; Thence South 89°59'56"West,355.56 feet along said South line to the Southeast comer of Lot A of AMRE 912 recorded May 21,2001 as Reception No.2850069; Thence North 02°10'31"East, 1414.49 feet along the East boundary of said Lot A and Lot B of AMRE 912; Thence North 52°07'42"West,465.31 feet along the Northeasterly boundary of said Lot B to a point on the South right-of-way line of the Greeley Ditch No.21 North side lateral extension ditch,said point lying 50.00 feet Southerly and Easterly from the centerline of said ditch as measured at tight angles thereto; Thence along the South right-of-way line by the following 43 courses: 1)North 06°48'11"West,560.53 feet; 2)North 85°04'49"East, 114.27 feet; 3)South 85°04'17"East, 118:13 feet; 4)North 66°48'05"East, 100.66 feet; 5)North 37°35'21"East,92.54 feet 6)North 21°53'02"East, 155.97 feet; 7)North 04°06'12"East, 151.94 feet; 8)North 30°59'34"West,250.19 feet; 9)North 20°03'50"West, 160.19 feet; 10)North 11°59'19"West, 111.02 feet; 11)North 09°40'28"West,539.00 feet; 12)North 16°32'40"East, 507.27 feet; 13)North 37°18'02"East,71.23 feet; 14)North 68°15'06"East,459.76 feet; 15)South 78°30'06"East,49.45 feet; 16) South 54°26'51"East, 162.79 feet; 17) South 86°05'50"East, 186.73 feet; 18) South 32°35'31"East, 152.59 feet; 19)South 69°01'59"East, 153.91 feet; 20)North 74°00'35"East, 132.61 feet; 21)North 30°50'26"East, 112.63 feet; 22)North 01°02'26"West, 179.78 feet; 23)North 83°07'22"East, 170.44 feet; 24)North 35°23'55"East, 116.24 feet; 25)North 06°25'24"West,377.48 feet; 26)North 10°52'18"East, 134.11 feet; 27)North 39°55'56"East,98.05 feet; 28)South 83°58'01"East, 121.19 feet; 29)South 46°35'51"East,261.14 feet; 30) South 87°30'52"Bast, 173.07 feet; 31)North 37°26'41"East, 190.86 feet; 32)North 69°24'25"East,58.83 feet; 33) South 71°15'41"East,93.86 feet; • • 06/141100612:54:20 fnd ACI3 File No.: 80146692,Amend.No.I 34)South 30°22'43"East,75.16 feet; 35)South 19°35'39"East,326.80 feet; 36)South 07°46'49"East, 155.89 feet; 37) South 17°35'21"West,351.65 feet; 38) South 13°59'32"East,228.42 feet; 39)South 27°42'31"East,305.14 feet; 40)South 30°38'20"East,689.28 feet; 41)South 21°10'00"East,238.27 feet; 42)South 26°27'04"East, 153.97 feet; 43) South 34°31'25"East, 134.71 feet to a point on the East line of the Southeast%of said Section 7,said point lying South 00°48'02"West,39.68 feet from the East Quarter Corner of said Section 7; Thence South 00°48'02"West,2616.40 feet along the East line of said Southeast'/{to the Southeast corner of said Section 7;Thence South 89°59'56" West,2637.16 feet along the South line of said Southeast l to the South Quarter Corner and the Point of Beginning; County of Weld, State of Colorado. 06/14/2006 12:54:20 jhd OCB File No.: 50146692,Amend.Na.1 Form No. 1344-BI (CO-88) ALTA Plain Lauguagc Commitment SCHEDULE B—Section 1 Requirements The following requirements must be met: a. Pay the agreed amounts for the interest in the land and/or for the mortgage to be insured. b. Pay us the premiums,fees and charges for the policy. e. Obtain a certificate of taxes due from the county treasurer or the county treasurer's authorized agent. d. Provide us the "Affidavit and Indemnity" signed by the parties listed in Paragraph 3, Schedule A of this Commitment and notarized. e. The following documents satisfactory to us must be signed,delivered and recorded: f. This Commitment is subject to such further Exceptions and/or Requirements as may appear necessary when the name of the(Proposed Insured,Schedule A,Item 2A)has been disclosed. g. This Commitment is subject to such further Exceptions and/or Requirements as may appear necessary when the name of the(Proposed Insured,Schedule A,Item 2A)has been disclosed. 1. Certified copy of the Certificate of Limited Partnership for Trinity Properties, L.P., a Limited Partnership,issued by the proper officer of the State of California, or a Certificate of Registration to transact business within the State of Colorado, issued by the Secretary of Colorado regarding such limited partnership, 2. Certificate of Authority to transact business in Colorado of Mid Coast Development, Inc., a California corporation,issued by the Secretary of State of Colorado,or a certified copy thereof, NOTE: IF THE SALES PRICE OF THE SUBJECT PROPERTY EXCEEDS $100,000.00 THE SELLER SHALL BE REQUIRED TO COMPLY WITH THE DISCLOSURE OR WITHHOLDING PROVISIONS OF C.R.S.39-22-604.5(NONRESIDENT WITHHOLDING). • 06114/200612:54:20 ihd DCB File No.: S0144692,Amend.No.1 Form No. 1344-B2(CO-88) ALTA Plain Language Commitment SCHEDULE B—Section 2 • Exceptions Any policy we issue will have the following exceptions unless they are taken care of to our satisfaction: 1. Taxes and Assessments not certified to the Treasurer's Office. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements, or claims of easements,not shown by public records. 4. Discrepancies, conflicts in boundary lines,shortage in area, encroachments,and any facts which a correct survey and inspection of the land would disclose,and which are not shown by the public records. 5. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 6. Any and all unpaid taxes, assessments and unredeemed tax sales. 7. Rights of way for county roads 30 feet wide on each side of section and township lines,as established by the Order of the Board of County Commissioners for Weld County, recorded October 14, 1889 in Book 86 at Page 273. 8. Right of way for said railway in width and in manner as provided by the acts of Congress in relation thereto, as reserved by the Union Pacific Railroad Company in the Deed recorded June 13, 1914,in Book 270 at Page 538,in which the specific location is not defined. 9. March Reservoir and Ditch, and any and all rights of way therefore as evidenced by Map and Statement filed March 24, 1906, as Reception No. 109320,in which the specific location is not defined. 10. Extension Ditch and Reservoir, and any and all rights of way therefore as evidenced by Map and Statement filed October 3, 1906,as Reception No. 113391,in which the specific location is not defined. 11. The North Side Reservoir Company's Reservoir No. 1, and any and all rights of way therefore, as evidenced by Map and Statement filed March 17, 1909 as Reception No. 138983, in which the specific located is not defined. 12. Reservations by the Union Pacific Railroad Company of(1) oil, coal and other minerals underlying the land, (2) the exclusive right to prospect for, mine and remove oil, coal and other minerals, and (3) the right of ingress and egress and regress to prospect for,mine and remove oil, coal and other minerals,all as contained in Deed recorded June 3, 1914,Book 270 at Page 538, and any and all assignments thereof or interests therein. 13. Matters as shown on Land Survey Plat recorded June 5,2002 as Reception No.2958571. • 06/14/2006 12:54201hd DCB - File No.: 80146692,Amend.No.I Form Na.1344-B2(CO-88) ' AII£A Plain Language Commitment SCHEDULE B—Section 2 Exceptions(Continued) 14. Deed of Trust from Rocky D. Tannebill and Mid-Coast Development, Inc., a California Corporation,to the Public Trustee of Weld County,for the benefit of John D. Christiansen as Personal Representative of the Estate of James E. Christiansen, securing an original principal indebtedness of$190,000.00, and any other amounts and/or obligations dated June 13,2002,recorded June 21,2002 as Reception No.:2963188. Assignment of above Deed of Trust to The Double Arrow Ranch Trust recorded March 21, 2003 at Reception No.3043727.. 15. Request For Notification of Surface Development by RME Petroleum Company recorded May 28, 2002 at Reception No.2955038. 16. An Oil and Gas Lease, from Andarko E&P Company LP as Lessor(s)to United States Exploration,Inc. as Lessee(s) dated October 15, 2004, recorded December 13, 2004 at Reception No. 3243320', and any and all assignments thereof or interests therein. 17. An easement for pipeline and incidental purposes granted to Duke Energy Field Services by the instrument recorded July 12,2005 at Reception No.3302490. 18. Unrecorded Oil and Gas Leases executed in 2005 by and between Trinity Properties, L.P. and Petroleum Development Corporation as indicated by the Colorado Oil and Gas Commission. 19. An easement for oil and gas pipeline and incidental purposes granted to Duke Energy Field Services, LP by the instrument recorded January 19,2006 at Reception No.3356215. 20. Terms, conditions,provisions,agreements and obligations specified under the Surface Use Agreement by and between Anadarko E & P Company et al and Trinity Properties, L. P. recorded May 2, 2006 at Reception No.3384199. 21. Any existing leases or tenancies. AFFIDAVIT OF INTERESTESIAND OWNERS • Page 1 of 2 AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE Subject Parcel: 079907000025 THE UNDERSIGNED, states that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled from the records of the Weld County Assessor was assembled within thirty days of the application's submission date. Signature Date Property Owners Within 500 ft. of Parcel# 079907000O25 MAILING ADDRESS PARCEL IDENTIFICATION NAME 16317 HWY 52 CORNISH PLAINS LIVESTOCK LLLP 079908300011 FORT LUPTON,CO 80621 16317 HWY 52 CORNISH PLAINS LIVESTOCK LLLP 079917200024 FORT LUPTON,CO 80621 33553 HWY 392 CROMWELL KATRINKA N 079918000021 GILL,CO 80624 34250 WELD CO RD 61 HAGEMEISTER DEAN W & SARAH B 079906000019 GILL,CO 80624 34250 WELD CO RD 61 HAGEMEISTER DEAN W& SARAH B 079907000020 GILL,CO 80624 34250 WELD CO RD 61 HAGEMEISTER DEAN W & SARAH B 079907000021 GILL,CO 80624 PO BOX 98 JOHNSON RICHARD L & JOYCE M 079907000023 GILL,CO 80624-0098 574 E 18 ST JOHNSTON CURT L & 079907300028 GREELEY,CO 80631 PO BOX 104 http://maps.merrick.corn/website/weld/setSgl.asp?cmd=buffer&PIN=079907000025&Par 1... 6/14/2006 AFFIDAVIT OF INTERESTE,AND OWNERS • Page 2 of 2 NEW CACHE LA POUDRE IRR CO 079908100012 LUCERNE,CO 80646 34087 COUNTY RD 61 SHOEMAKER WADE E & 080112000023 GILL,CO 80624-9618 34087 COUNTY RD 61 SHOEMAKER WADE E & 080112100001 GILL,CO 80624-9618 1925 RIDGE WEST DR SMOLIK RICHARD LOUIS & 080112000013 WINDSOR,CO 80550 1925 RIDGE WEST DR SMOLIK RICHARD LOUIS & 080112100002 WINDSOR,CO 80550 33655 COUNTY RD 61 1/2 STROHAUER DAVID R& 079918201001 GILL,CO 80624 33655 COUNTY RD 61 1/2 STROHAUER DAVID R& 079918201002 GILL,CO 80624 34340 COUNTY RD 61 TAYLOR VIRGIL L & 079907300029 GILL,CO 80624 33830 WELD CO RD 61 WILSON LINDSEY C &RUTH 1/2 079918000037 MARION GILL,CO 80624 http://maps.merrick.eom/website/weld/setSgl.asp?cmd=buffer&PIN=079907000025&Par 1... 6/14/2006 LIST OF MINERAL OWNERS AND MINERAL LESSEES (Trinity) Subject Property: Township 6 North. Range 63 West 6th P M Weld County CO Section 7: A parcel being more particularly described as follows: Beginning at the South Quarter corner of said Section 7 and considering the South line of said Section 7 to bear South 89°59'56"West and with all other bearings contained herein being relative thereto; Thence South 89°59'56"West, 355.56 feet along said South line to the SE corner of Lot A of AMRE 912, thence North 02°10'31" East, 1414.49 feet along the East boundary of said Lot A and Lot B of AMRE 912; thence North 52°07'42"West, 465.31 feet along the Northeasterly boundary of said Lot B to a point on the South right-of-way line of the Greeley ditch No. 2 / North side lateral extension ditch, said point lying 50.00 feet Southerly and Easterly from the centerline of said ditch as measured at right angles thereto; Thence along the South right-of-way line by the following 43 courses; 1) North 06°48'11" West, 560.53 feet; 2) North 85°04'49" East, 114.27 feet; 3) South 85°04'17" East, 118.13 feet; 4) North 66°48'05" East, 100.66 feet; 5) North 37°35'21" East, 92.54 feet; 6) North 21°53'02" East, 155.97 feet; 7) North 04°06'12" East, 151.94 feet; 8) North 30°59'34" West, 250.19 feet; 9) North 20°03'50"West, 160.19 feet; 10) North 11°59'19" West, 111.02 feet; 11) North 09°40'28"West, 539.00 feet; 12) North 16°32'40" East, 507.27 feet; 13) North 37°18'02" East, 71.23 feet; 14) North 68°15'06" East, 459.76 feet; 15) South 78°30'06" East, 49.45 feet; 16) South 54°26'51" East, 162.79 feet: 17) South 86°05'50" East, 186.73 feet; 18) South 32°35'31" East, 152.59 feet; 19) South 69°01'59" East, 153.91 feet; 20) North 74°00'35" East, 132.61 feet; 21) North 30°50'26" East, 112.63 feet; 22) North 01°02'26" West, 179.78 feet; 23) North 83°07'22" East, 170.44 feet; 24) North 35°23'55" East, 116.24 feet; 25) North 06°25'24" West, 377.48 feet; 26) North 10°52'18" East, 134.11 feet; Crews e►/Zeeen,,LLC Mineral Title Services P.O. BaK336337 (970)351-0733 Greeley, CO 80633-0606 Page 1 of 4 Fax(303)484-2110 • • 27) North 39°55'56" East, 98.05 feet; 28) South 83°58'01" East, 121.19 feet; 29) South 46°35'51" East, 261.14 feet; 30) South 87°30'52" East, 173.07 feet; 31) North 37°26'41" East, 190.86 feet; 32) North 69°24'25" East, 58.83 feet; 33) South 71°15'41" East, 93.86 feet; 34) South 30°22'43" East, 75.16 feet, 35) South 19°35'39" East, 326.80 feet; 36) South 07°46'49" East, 155.89 feet; 37) South 17°35'21"West, 351.65 feet; 38) South 13°59'32" East, 228.42 feet; 39) South 27°42'31" East, 305.14 feet; 40) South 30°38'20" East, 689.28 feet; 41) South 21°10'00" East, 238.27 feet; 42) South 26°27'04" East, 153.97 feet; 43) South 34°31'25" East, 134.71 feet to a point on the East line of the SE%of said Section 7, said point lying South 00°48'02"West, 39.68 feet from the East Quarter corner of said Section 7; Thence South 00°46 minutes 02" West, 2616.40 feet along the East line of said SE%to the Southeast corner of said Section 7; Thence South 89°59'56"West, 2637.16 feet along the South line of said SE%to the South Quarter corner and the Point of Beginning; containing 303.7442 acres, more or less Crews & Zeren, LLC, a mineral title company, states that to the best of its knowledge the following is a true and accurate list of the names and addresses of the mineral owners and mineral leasehold owners having an interest in the Subject Property, based upon the real property records of Weld County, Colorado, as verified through June 7, 2006. A photocopy or facsimile of this list shall for all purposes be a valid as the original hereof. Dated this 26th day of June, 2006. CREWS & ZEREN By: William G. Crews, CPL Certified Professional Landman #3477 Crews Zeren,LW Mineral Title Services P.O. Box336337 (970)351-0733 Greeley, CO 80633-0606 Page 2 of 4 Fat(303)484-2110 Mineral Owners Mineral Leasehold Owners: Anadarko Land Corp. Petroleum Development Corp. Attn: Mgr. Property & ROW 3801 Carson Avenue P.O. Box 9149 Evans, CO 80620 The Woodlands, TX 77387-9147 United States Exploration, Inc. Anadarko E&P Company LP 1625 Broadway, Suite 2000 Attn: Manager Land, Western Division Denver, CO 80202 P.O. Box 9149 The Woodlands, TX 77387-9147 Caws 6 Zetrn,LGC Mineral Title Services P.O. Box336337 (970)351-0733 Greeley, CO 80633-0606 Page 3 of 4 Fax(303)484-2110 By acceptance and use of this list, the client and its agents agree to all of the following: William G. Crews ("Crews") and Cynthia A. E. Zeren ("Zeren") are Certified Professional Landmen certified by the American Association of Petroleum Landmen who have been asked by Client or Client's agent to provide listings of mineral estate owners entitled to notice pursuant to §§ 24- 65.5-103 or 31-23-215, C.R.S., as provided under the Surface Development Notification Act, Colorado Revised Statutes §24-65.5-101 et seq. Such lists will be prepared by Crews or Zeren, although the Client's contract is with, and all payments are due to, Crews &Zeren, LLC ("C&Z"), a Colorado limited liability company of which Crews and Zeren are the only members. Neither Crews nor Zeren is an attorney licensed to practice law. Crews and Zeren have agreed to prepare listings of mineral estate owners for the Client only if the Client agrees that the liability of Crews, Zeren and C&Z in connection with such services shall conclusively be limited to the amount paid by the Client to C&Z for such services. Crews, Zeren and C&Z make no warranty, express, implied or statutory, in connection with the accuracy, completeness or sufficiency of any such listing of mineral estate owners. In the event any such listing proves to be inaccurate, incomplete, insufficient or otherwise defective in any way whatsoever or for any reason whatsoever, the liability of Crews, Zeren and C&Z shall never exceed the actual amount paid by Client to C&Z for such listing. In order to induce Crews, Zeren and C&Z to provide such services, Client does hereby agree to indemnify and hold Crews, Zeren and C&Z harmless from and against all claims by all persons (including but not limited to Client)of whatever kind or character arising out of the preparation and use of each such listing of mineral estate owners, to the extent that such claims exceed the actual amount paid by Client to C&Z for such listing. Client specifically intends that both the foregoing limitation on liability and the foregoing indemnification shall be binding and effective without regard to the cause of the claim, inaccuracy or defect, including but not limited to, breach of representation, warranty or duty, any theory of tort or of breach of contract, or the fault or negligence of any party (including Crews, Zeren and C&Z) of any kind or character(regardless of whether the fault or negligence is sole,joint, concurrent, simple or gross). Crews 6"Zerrn,LLC Mineral Title Services P.O. Box336337 (970)351-0733 Greeley, CO 80633-0606 Page 4 of 4 Fax(303)484-2110 At 111111131:1111,1111111 111ti111rrr11111111 llrrlrr111lrrlr4Urllrrl 338 199 05102/2000 03:�e welt oounty,Clerk&Recorder SURFACE USE AGREEMENT THIS SURFACE USE AGREEMENT("Agreement") is effective on this 4th day of April, 2006 by and among ANADARKO E&P COMPANY LP ("Anadarko E&P"), formerly known as Union Pacific Resources Company, ANADARKO LAND CORP. ("Anadarko Land"), formerly known as Union Pacific Land Resources Corporation (together the "Anadarko Entities"), both with an address of Post Office Box 1330, Houston, Texas 77251- 1330; UNITED STATES EXPLORATION, INC. ("UXP") with an address of 1625 Broadway, Suite 2000, Denver, Colorado 80202; PETROLEUM DEVELOPMENT CORPORATION ("PDC")with an address of 3801 Carson Avenue, Evans, Colorado 80620 (the Anadarko Entities, UXP and PDC are referred to hereinafter together as the "Oil Companies"); and TRINITY PROPERTIES, LP ("Surface Owner") with an address of 356 Foxenwood Drive, Santa Maria,California 93455. A. Surface Owner owns the surface estate for 303.7 acres in Weld County, Colorado,located in Section 7,Township 6 North,Range 63 West, which is more specifically described in the attached Exhibit 1 and referred to hereinafter as the"Property." B. The Anadarko Entities together own all of the oil, gas and associated liquid hydrocarbons that underlie the Property, and Anadarko Land owns the minerals exclusive of oil, gas and associated liquid hydrocarbons. C. UXP owns certain oil and gas leasehold interests in the Property that it derived through a predecessor company to Anadarko E&P and has assigned certain oil and gas leasehold interests in the Property to PDC. D. PDC operates five producing wells on the Property identified as the Christiansen 34-7 in the SW/4SE/4; the Trinity 43-7 in the NE/4SE/4; the Trinity 33-7 in the NW/4SE/4; the Trinity 44-7 in the SEJ4SE/4 and the Trinity 23-7 in the NE/4SW/4, all of which are referred to hereinafter collectively as the "Existing Wells" and individually as an "Existing Well." E. Current Colorado Oil and Gas Conservation Commission rules and regulations, upon obtaining a permit to drill, allow the owners and/or lessees of the oil and gas for the Property to locate oil and/or gas wells in five drilling windows in a quarter section, one in approximately the center of each quarter quarter section in a 400 foot by 400 foot window and one in the center of the quarter section in an 800 foot by 800 foot window. F. The parties enter into this Agreement to provide for the coexistence and joint development of the surface estate and the oil and gas estate for the Property and to delineate the process with which they shall comply with respect to the development of the two estates. 111111111111111111111111111111 10 III I111111111I1i1 • 3384199 05/0212006 03:44? Weld County, CO 2 of 19 R 101.00 0 0.00 Steve Moreno Clerk& Recorder G. This Agreement is limited to the compatible development of the surface estate and the oil and gas estate for the Property; it does not in any respect apply to the minerals other than the oil, gas and associated liquid hydrocarbons owned by Anadarko Land in the Property. NOW THEREFORE, in consideration of the covenants and mutual promises set forth in this Agreement,including in the recitals,the parties agree as follows: 1. Oil and Gas Operations Areas. a. The Oil Companies agree that they shall drill and/or operate oil and/or gas wells only within the ten locations identified on Exhibit 2 five of which are the locations for the Existing Wells in the NFJ4SE/4; NW/4SE/4; SE/4SE/4; SW/4SE/4 and the NE/4SW/4, and the other five of which are located generally or partially, as the case may be, in the drilling windows in the center of the SE/4; the center of the NE/4 and the centers of the SEJ4NE/4; SW/4NE/4; and the NE/4NE/4 and all of which are hereinafter referred to as the "Oil and Gas Operations Areas." Operations and uses within the Oil and Gas Operations Areas include, but are not limited to, drilling, completion, and maintenance of wells and equipment,production operations, workovers,well recompletions and deepenings, fracturing, twinning, and drilling of replacement wells and the location of associated oil and gas production and drilling equipment and facilities; provided that, tank batteries shall be located only in the two areas identified as an "Oil/Gas Production Facilities Area and Operations Area"in the SW/4SE/4 and the NE/4NE/4. - b. The Oil and Gas Operations Areas shall include the areas which are generally in the shape of a circle with a radius of 250 feet as reflected on Exhibit 2. c. The Oil Companies shall continue to have the right to drill more than one well with attendant facilities within the Oil and Gas Operations Areas and to deepen, recomplete or twin any well that is drilled or has been drilled, as well as to drill directional and horizontal wells that produce from and drain the Property or lands other than the Property. d. Except as reflected on Exhibit 2 with respect to the Oil and Gas Operations Areas in the NE/4SE/4 and the NE/4SW/4, Surface Owner shall not plat any surface property line within the Oil and Gas Operations Areas. No temporary or permanent building or other structure or improvement shall be located by Surface Owner within the Oil and Gas Operations Areas, and Surface Owner shall further identify the areas within Lots 8 and 9 within the Oil and Gas Operations Area in the NE/4SE/4 and Lot 2 within the Oil and Gas Operations Area in the NEJ4SW/4 as no-build zones on all plans and plats that it submits to a local jurisdiction and files with the Weld County Clerk and Recorder. The Oil and Gas Operations Areas shall be for the exclusive use of oil and gas operations and production and for the location of oil and gas wells and associated oil field drilling and production equipment except that Surface Owner shall remain entitled to use and enjoy said areas, excluding the Oil and Gas Production Facilities Areas, in any way which is not inconsistent with this Agreement, which would not interfere with the rights of the Oil and Gas Companies to use 2 1IIIIII Il111IIIi!IIIII1111111li1SII111111111111111 • 3384199 06/02/2006 03:44P Weld County, CO 3 of 19 R 101.00 D 0.00 Steve Memo Clerk&Recorder those areas and which would not reasonably be deemed unsafe given the nature of the oil and gas operations conducted within said areas, including, but not limited to, burning, camping and shooting in any of the Oil and Gas Operations Areas in which there is any well or production facility. e. The Oil Companies shall also have the right to locate, build, repair and maintain tanks, separators, dehydrators, and compressors within the two areas identified on Exhibit 2 as an"Oil/Gas Production Facilities Area and Operations Area" f. Except for emergency and/or safety purposes or as otherwise set forth in this Agreement, the Oil Companies shall limit their use of the Property to the Oil and Gas Operations Areas,access roads and pipeline easements identified herein. 2. Access to Oil and Gas Operations Areas. a. Access to the Oil and Gas Operations Areas shall be at the locations identified on Exhibit 2. b. Access may be changed by mutual agreement of Surface Owner and the appropriate oil and gas interest owners; provided however, all costs and expenses of such relocations shall be borne by the party which requests them. c. No party shall unreasonably interfere with the use by the other of an access road. d. Surface Owner shall keep the portions of access roads jointly used by both Surface Owner and the Oil Companies in good condition and repair until such roads are dedicated to a local jurisdiction; provided, however, if one of the Oil Companies causes damage to a portion of a road that is jointly used by both the Oil Companies and Surface Owner and which is constructed to the specifications in section 2.e.(1), the Oil Companies agree to promptly repair any damage which they cause which is a direct result of their use of the road. e. Construction and Width of Access Roads. (I) Access roads or portions of access roads that are jointly used by the Oil Companies and Surface Owner shall be twenty-six (26) feet or more in width with no less than thirty(30) feet of right of way, and Surface Owner shall construct or improve all paved or improved joint access roads so as to withstand the weight of oilfield equipment. Specifically,Surface Owner shall construct the roads so that they can be used to withstand the weight of 104,000 pounds and 26,000 pounds per axle. (2) Access roads or portions of access roads that are used exclusively by the Oil Companies shall be generally thirty(30) feet in width, and the Oil Companies shall 3 HUM 11111 M1111111111111 III {!hill 11111{III Illl • 3384199 05/02/2006 03:44P Weld County CO 4 of 19 H 101.00 D 0.00 Steve Moreno Clerk& Recorder install and maintain such roads or portions of roads to those state and local standards that apply to oil and gas operations. 3. Pipelines,Flowlines and Pipeline Easements. a. Flowlines and pipeline easements shall be at the locations identified on Exhibit 2. b. Locations of pipelines, flowlines and such easements may be changed by mutual agreement of Surface Owner and the appropriate oil and gas interest owners;provided, however, all costs and expenses of such relocations shall be borne by the party which requests the relocation. In the event that Surface Owner requests the relocation of a pipeline or flowline,the applicable Oil Company shall provide Surface Owner with a written estimate of the relocation costs which Surface Owner shall thereafter promptly remit to the Oil Company. The payment shall be adjusted up or down upon completion of the work and after an itemized statement is provided to Surface Owner. c. Pipeline easements shall be fifty (50) feet in width during initial construction activities and thirty (30) feet in width for all operations, maintenance and transportation activities. Flowline easements shall be thirty(30)feet in width for all operations. d. Pipeline and flowline easements shall be for the exclusive use of oil and gas production operations; provided, however, the easements may be shared by the Oil Companies and their lessees, assignees of lessees and successors and assigns. e. Surface Owner shall have the right to cross the pipeline easements at approximately right angles, and Surface Owner shall also have the right to install and maintain easements that are adjacent to, but not within, the easements identified herein, for utility lines, including those for water, gas, sewer, electric, telephone, cable, television, end fiber optic and other pipelines; provided, however; i) any new underground facilities which travel along a pipeline easement identified herein shall be located a distance horizontally of at least ten (10) feet from parallel existing pipelines; ii) any new underground facilities shall have at least twenty-four (24) inches of vertical clearance between such new facility and a pipeline provided for herein; and iii) any overhead power lines shall be at least twenty (20) feet above the ground. £ Surface Owner shall grant the pipeline easements (for production from the Property and/or other lands) to the Oil Companies at the time the Oil Companies request them and at no cost to them. 4. Plats and Local Applications. Surface Owner shall identify the Oil and Gas Operations Areas and all access mutes and pipeline easements on its plats and in all applications for development it files with a local jurisdiction, and the plats shall include restrictions that no property line or temporary or permanent building, structure or other improvement related to the surface development shall be located, constructed or installed 4 • 11111 I1111 1111111111 ifllllif1111 ill 11111111111 3384199 05/02/2006 63•,g4P Weld County, 00 6 of 19 R 101.00 D 0.00 Steve Moreno Clerk &Recorder within the Oil and Gas Operations Areas. Surface Owner shall record the plats in the Office of the Clerk and Recorder of Weld County and provide written evidence to the Oil Companies of the recording. 5. Waiver of Surface Damage Payments. Surface Owner hereby waives all surface damage payments or other such payments for the use of the Property or portions thereof pursuant to any current or future COGCC or local regulation, state statute, common law or prior agreement for each and every well and related wellsite that is or will be drilled and located within the Oil and Gas Operations Areas and for associated oil and gas equipment and facilities, flowlines,access and pipeline easements.The Oil Companies or their lessees or their assignees may provide a copy of this Agreement to the COGCC or any local jurisdiction, person or entity or court of law as evidence of this waiver. 6. Waiver of Setback Requirements. Surface Owner understands and acknowledges that the COGCC has rules and regulations that apply to the distance between a wellhead and public roads, production facilities, building units and surface property lines, among other things. Except for the requirement in COGCC Rule 603.a.(1) that a wellhead shall be located a distance of one hundred fifty(150)feet or one and one-half times the height of the derrick from an occupied building at the time of drilling, Surface Owner hereby waives all other setback requirements in COGCC Rule 603 a.(2); b. c. d. and e., and any other successor rule or amendment to said COGCC setback rules, and to any other state or local setback requirements that are or become inconsistent with this Agreement or that would prohibit or interfere with the rights of the Oil Companies to explore for and produce the oil and gas in accordance with this Agreement. Surface Owner understands that the Oil Companies may cite the waiver in this section 6 in order to obtain a location exception or variance under COGCC rules or from a local jurisdiction. 7. Governmental Proceedings. a. Surface Owner Will Not Object. Surface Owner agrees that it will not object in any forum to the use by the Oil Companies of the surface of the Property consistent with this Agreement and hereby waives any such right to object. Surface Owner also agrees that it waives any rights it has to require an inspection for wells proposed to be drilled on the Property for the purpose of requesting that conditions be attached to a permit to drill the well. Surface Owner further agrees that it will provide such other written approvals and waivers which are requested by an Oil Company and consistent with this Agreement, including, but not limited to, all approvals and waivers to drill a well or to conduct oil and gas operations on the Property because of any law or regulation, including any local ordinance and regulations of the COGCC, and including, for example, waivers to state and local setback requirements and to any setback requirements from a surface property line or for an exception location. b. Oil Companies Will Not Obiect. The Oil Companies agree that they will not object in any forum to a request by Surface Owner to annex,zone,rezone, plat or replat all or any portion of the Property to extent such request is consistent with this Agreement, and that 5 • 1.111111 1111 lilt111111191iliil ill 11111 IIII IIII 3384199 06/02/2006 03:441' Weld County, CO 6 of 19 9 101.00 0 010 Steve Moreno Clerk& Recorder they will withdraw any such objections that they have filed with Weld County within ten days from the date that Surface Owner executes this Agreement c. Consent to Drilling Wells Pursuant to this Agreement. Surface Owner hereby consents to the drilling by the Oil Companies of wells at any location within the Oil and Gas Operations Areas as a particular Oil Company may select in its sole discretion, regardless of whether the proposed well location lies within the surface drilling window identified in COGCC Rule 318A,or any successor rule of the COGCC . 8. Notices of Hearings. Surface Owner shall provide the Oil Companies with written notice not less than thirty (30) days before each hearing for consideration of a plat application or other land use application for the Property or portions of the Property to be held before a local jurisdiction. 9. Notice to Homeowners and Builders. Surface Owner shall make a good faith effort to famish all builders and developers which purchase all or any portion of the Property and each person or entity who proposes to enter into a contract to purchase a lot which is adjacent to, or any part of which is within, 350 feet from an Oil and Gas Operations Area or a flowline or pipeline easement, with a plat that shows the locations of the Oil and Gas Operations Areas and the flowlines and pipeline easements. In addition, Surface Owner shall provide written notice to all such purchasers that includes the following: i. they are not purchasing and will not own any rights in the oil, gas and mineral estate in and to the Property, ii. there may be ongoing oil and gas operations and production on the surface of the Property within the Oil and Gas Operations Areas, pipelines and flowline easements and access routes; iii. there are likely to be wells drilled and additional oil and gas production facilities constructed and installed within the Oil and Gas Operations Areas and additional flowlines and pipelines constructed and maintained on the Property; iv. heavy equipment will be used by the Oil Companies from time to time for oil and gas drilling and production operations and such operations may be conducted on a 24-hour basis; and v. homeowner associations and buyers of individual lots or homes will be subject to and burdened by all of the covenants and waivers made by Surface Owner in this Agreement, including, but not limited to those covenants and waivers; a) prohibiting the location of any temporary or permanent building, structure, or other improvement within the Oil and Gas Operations Areas; b) waiving objections to the drilling of wells, the construction of facilities, and the conduct of oil and gas operations on the Property consistent with this Agreement; c)waiving surface damage payments; d) waiving objections to the setback requirements under the rules of the 6 • 1 1111111111111111 11111 1111 II id 1111111 III 1111111111111 • 3384199 05/02/2006 03:4W Weld County, CO 7 of i9 R 101.00 0 0.00 Steve Moreno Clerk& Recorder COGCC or any local jurisdiction; and e) granting the pipeline easements identified in this Agreement. Notwithstanding the foregoing, Surface Owner's failure to provide actual notice to subsequent purchasers,developers or builders shall not be an event of default that terminates this Agreement or relieves the parties of their obligations hereunder. 10. Notice of Oil and Gas Operations. The Oil Companies shall provide Surface Owner with notice of drilling operations and subsequent well operations in accordance with COGCC rules and regulations. 11. Impact Mitigation. Surface Owner shall bear all costs to install such noise and visual impact mitigation measures it desires or the local jurisdiction requires at or around the Oil and Gas Operations Areas which are in excess of or in addition to those measures which are required by COGCC regulations for areas which are not high density;provided, however, the operator of the well within the particular Oil and Gas Operations Area shall have reasonable discretion to veto or protest the types and locations of impact mitigation measures in order to allow for safe oil and gas operations. 12. Individual Liability of Oil Companies. Nothing in this Agreement is intended to create a cause of action by any Oil Company against any other Oil Company or to enlarge or diminish any right or interest created by any agreement or lease or assignment of lease between or among the Oil Companies. Nothing in this Agreement creates any leasehold rights or gives any mineral rights to an Oil Company where none exists. The liability of the Oil Companies to perform any obligation hereunder or to comply with any agreement included herein or with any state or local rule or regulation is individual and several and not joint or collective. This Agreement does not create a joint venture or partnership between or among the Oil Companies.Neither the Anadarko entities nor UXP shall in any event be liable for the acts or omissions of their lessees or fannoutees or the assignees or contractors and subcontractors of any of them. 13. Authority to Execute Agreement. Each party represents that he/she/it has the full right and authority to enter into this Agreement with respect to the surface rights, oil and gas interests,or oil and gas leasehold interests he/she/it owns in the Property, as applicable. 14, No Waiver of Rights. The Oil Companies do not waive the rights they have pursuant to each of their respective oil and gas interests to explore for, drill and produce the oil and gas for the Property or for ingress and egress to the Oil and Gas Operations Areas, except as specifcally,provided in this Agcee,nent. 15. Successors and Assigns. This Agreement and all of the covenants in it shall be binding upon the subsequent lessees and assignees of lessees and also the ,personal representatives, heirs, successors and assigns of all of the parties, and the benefits of this Agreement shall inure to all of them. This Agreement and all of the covenants in it shall be covenants running with the land. 7 • 1 10111 1111111111 1111111111111 10•01 Mil 101111 3384199 06102/2008 03:44P Weld County, CO 8 of 19 R 191.90 8 8.08 Steve Moreno Clerk&Recorder 16. Recording. Surface Owner shall record this Agreement with the Clerk and Recorder of Weld County and provide evidence to the Oil Companies of the recording. 17. Governing Law. The validity, interpretation and performance of this Agreement shall be governed and construed in accordance with the laws of the State of Colorado. 18. ,Severability. If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, null and void insofar as it conflicts with such laws;however, the remainder of this Agreement shall be in full force and effect. In the event that any part of this Agreement would otherwise be unenforceable or in conflict with applicable laws due to the term or period for which such part is in effect, the term or period for which such part of this Agreement shall be in effect shall be limited to the longest period allowable which does not cause such part to be unenforceable or in conflict with applicable laws. 19. Notices. Any notice or communication required or permitted by this Agreement shall be given in writing either by; i) personal delivery; ii) expedited delivery service with proof of delivery; iii) United States mail, postage prepaid, and registered or certified mail with return receipt requested; or iv)prepaid telecopy or fax,the receipt of which shall be acknowledged,addressed as follows: Anadarko E&P Anadarko E&P Company LP and Anadarko Land: do Anadarko Petroleum Corporation Attention: Land Manager—Western Division/CBM Post Office Box 9149 Houston,Texas 77380-9149 UXP: United States Exploration, Inc. 1625 Broadway, Suite 2000 Denver,Colorado 80202 PDC: Petroleum Development Corporation 3801 Carson Avenue Evans, Colorado 80620 Surface Owner: Trinity Properties,LP 356 Foxenwood Drive Santa Maria, California 93455 Any party may, by written notice as provided in this section, change the address of the individual to which delivery of notices shall be made thereafter. 8 • 111111111111 X1111111111{1 III 01111 I111Ili 33114199 06/02/2006 03.44P Weld County, CO 9 at 19 R 101.00 0 0.00 Steve Moreno Clerk&Recorder 20. Incorporation by Reference. Exhibits 1 and 2 are incorporated into this Agreement by this reference. 21. Entire Agreement. This Agreement sets forth the entire understanding among the parties and supersedes any previous communications, representations or agreements, whether oral or written. No change of any of the terms or conditions herein shall be valid or binding on any party unless in writing and signed by an authorized representative of each Ply. 22. Counterpart Executions. This Agreement may be executed in counterparts, each of which shall be deemed an original. IN WITNESS WHEREOF, the undersigned parties have caused this Agreement to be executed by a duly authorized representative on the date first above written. UNITED STATES EXPLORATION, INC. ANADARKO E&P COMPANY LP By: By: r Name: Name: L!'Newccanb 4fieSit Its: Attorney in Fact PETROLEUM DEVELOPMENT ANADARKO LAND CORP. CORPORATION By: By: ame�i� Name: Name: • Newcaab Its: Its: Attorney in Fact /°`n4„A 01. 9 11111111111 IIIII IIIII IIOIIDI►! IIIPI III !IIIII III IILI • 3384199 05/02/2008 03:44P Weld County, CO 10 of 19 R 101.00 D C.00 Steve Moreno Clerk& Recorder 20. Incorporation IS. Exhibits I and 2 are incorporated into this Agreement by this reference. 21. Entire Agreement. This Agreement sets forth the entire understanding among the parties and supersedes any previous communications, representations or agreements, whether oral or written. No change of any of the terms or conditions herein shall be valid or binding on any party unless in writing and signed by an authorized representative of each Pay. 22. Countemart Executions. This Agreement may be executed in counterparts, each of which shalt be deemed an original. IN WITNESS WHEREOF, the undersigned parties have caused this Agreement to be 'executed by a duly authorized representative on the date first above written. UNITED STATES EXPLORAT ON,INC. ANADARKO E&P COMPANY LP By: A''`/ By: Name: . • Name: Its: Yj rhaufrtht RIOits: Pc- PETROLEUM DEVELOPMENT ANADARKO LAND CORP. CORPORATION By: By: Name: Name: Its: Its: 9 • I if11111111 IItII I{111111111{II1�1ff1 111 lf1111!{111!1 3364199 05102/2006 03:44P Weld County,CO it of 19 R 101.90 D 0.00 Steve Moreno Clerk&Recorder 20. Incorporation by Reference. Exhibits 1 and 2 are incorporated into this Agreement by this reference. 21. Entire Agreement. This Agreement sets forth the entire understanding among the parties and supersedes any previous communications, representations or agreements, whether oral or written. No change of any of the terns or conditions herein shall be valid or binding on any party unless in writing and signed by an authorized representative of each party. 22. Counterpart Executions. This Agreement may be executed in counterparts, each of which shall be deemed an original. IN WITNESS WHEREOF, the undersigned parties have caused this Agreement to be executed by a duly authorized representative on the date first above written. UNITED STATES EXPLORATION,INC. ANADARKO E&P COMPANY LP By. By: Name: Name: Its: Its: PETROLEUM DEVELOPMENT ANADARKO LAND CORP. CORPORATION By: By Name: E 6 C,.. 7. Name: Its: VF fIs.9 J.. Its: 9 11111111111111111111111111111III11111111MEIN 3304199 05/0212006 03:41P Weld County, CO 12 of 19 R 101110 0 0.00 Steve Moreno Clerk&_exude_ TRINITY PROPERTIES,LP $y: Name: ?ri CFC. Its: ACKNOWLEDGMENTS STATE OF TEXAS ss. COUNTY OF MONTGOMERY ) The foregoing instrument was acknowledged before me this day of 2006,by as for ANADARXO E&P COMPANY LP. Witness my hand and official seal. My Commission expires: Notary Public 10 9{ tir��1i�r1rtirr1i1r`r1�rr� • 111111111M990m2129061 rf 03:4 Weld County, CO 13 at 19 11 101.00 D 0.00 Steve Moreno Clerk Recorder TRINITY PROPERTIES, LP By Name: Its: ACKNOWLEDGMENTS STATE OF TEXAS ss. COUNTY OF MONTGOMERY ) The foregoing instrument was acknowledged before me this a 1 day of APril 2006,by James L. Necroanb , as Attorney in Fact for ANADARKO E&P COMPANY LP. Witness my hand and official seal. My Commission expires: I- 7-Q20/6 ta It.-z; m OTEXASNotary Public Ny COMM.Exp.oIp^00 10 1-tos111111111111 Ilitl 1111111 Ill Y)!M?!111 1111 14 f 19 R 101.00 p 0.00 &_actor STATE OF TEXAS ) ) ss. COUNTY OF MONTGOMERY ) The foregoing instrument was acknowledged before me this 42g_day of April , 2006,by Janes L. Newcanb as Attorney in Fact for ANADARKO LAND CORP. Witness my hand and official seal. My Commission expires: 1- 1- J() is?- nawynet L StAth- Qt ir OWE CF TEXAS Notary Pubi ^ c ey Comm Exp.oirwaoio STATE OF COLORADO ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2006,by ,as for UNITED STATES EXPLORATION, INC. Witness my hand and official seal. My Commission expires: Notary Public 11 IP 111101 1111 MI IIII11111111 III IIlIII1 III 111111 III IIIl 3384199 OB102/2006 03:44P Weld County, CO 15 of 19 R 101.00 0 0.00 Steve Moreno Clerk a Recorder STATE OF'TEXAS ) ) ss. COUNTY OF MONTGOMERY ) The foregoing instrument was acknowledged before me this day of , 2006,by as for ANADARKO LAND CORP. Witness my hand and official seal. My Commission expires: Notary Public ' STATE OF COLORADO ) ) as. COUNTY O '1 ) f Th Sorggotyg in ent was acknowledg e e this13 y o 2006,by" a U. .-Drl ,as� t .�A P for UNITED STATES EXPLORATION,INC. Witness my hand and offic' l eall.. My Commission expires:� � QrUI "SSE?X qy�f, P /.., .. .., ,.. •4,0 %if.\ tart' lie _ wy -y , psi "°,no 11 IINII 1111111111(1111IOU HI 11111111N 111111 III till 3384199 05/02/2006 08:44P Weld County, CO 16 of 19 R 101.00 D 0.00 Steve Moreno Clerk A Recorder STATE OF COLORADO ) ) ss. COUNTY OF Ut MA. � ,The foregoing�o' 1'n1' instrument was acknowledged before me this_�day of f 2006,by b.LOCa . ll�, C-�,I`dnYn is • , as VP iefiptlYA.ki Olt) or PETROLEUM DEVELOPMENT CORPORATION. Witness my hand and official seal. My Commission expires: Ill! Loa f : ', I 1 A AA EGGLESTON ON a ' Public i ',.......00\"- r^ STATE OF CALIFORNIA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2006,by as for TRINITY PROPERTIES, LP. Witness my hand and official seal. My Commission expires: Notary Public 12 • • 11I1111111111111111111ION III 1111111 III 111111 III 1111 3384199 06/02/3008 03:44P Weld County, CO 17 of 19 R 101.00 D 0.00 Steve Moreno Clerk& Recorder STATE OF COLORADO ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2006, by , as for PETROLEUM DEVELOPMENT CORPORATION. Witness my hand and official seal. My Commission expires: Notary Public STATE OF CALIFO ) q ) Sa, COUNTY OF A.{? I/. ) 2006, The ggiig instrument was acknowledged befeamy tit day of_A 1__, by as for TRINITY PROPERTIES,12. Witness my hand and official I, My Commission expires: OM I - H ROSE HANCOCK I 0 N :SIT fz'c COMM,#1423417 < •.2xu;� Notary Publlacal fbrnia Notary Public "+1 County of can Luis Obispo My Comm.Exp.June 10,2007 i 12 Ii111111111111NiI1111I1!{Illll��lll Ilillllllllll • 3384194 0610112000 03:44f Weld County, CO 18 of 19 R 101.00 0 0.00 Steve NAareno Clerk&R fi e 1 to Surface Use Agreement effective April 4,2006 between and among Anadarko E&P Company LP,Anadarko Land Corp., linked States Exploration,hit.,Petroleum Development Corporation and Trinity Properties,LP Legal Description .. .Fare i HIPfta A trOot of land Mooted In Seaton-7. Taenelp 6 North, Rana 63 West of the 6th P.M., County of Wed. Sato Colorado, being more ponbulart described a Name; - ;... fnpp aid considering the South p�,� UUNh 69 daegete 880 minutiae tho Oath 36 await West a$and with.�ol tear {Sowings contained haen-bathe Mothee thet.se:. Thane, South pppp arena 89 ndMes 50 smdrdh Weal. 355 No feet lane 0e sold SAWN One to the Sau4Neee6 ... of Lot A of NINE fit recorded May 21. 2001 a I' •*Ji Manias Netlh 92 aere4e 10 m10ub9 31 sonde Eat 1414.49 feet Nang Pie Stet baeMdW' at .aid (91 A and tat S of AA66 912: Hence North 34 degrees 177 mina* 42 seconds West..46531 test tang Ow NortMnster* 0o0Nety of sold td 0 to o Rant of the South dqR-of-w line at the ChaNy ditch H. 2✓ North side lateral extenelel SN<h. said point Wing 5000 Net Saulhay and Porn the c46br1Mis e1 bold d6eh as meowwed et rtyit angles theretot rheas Mang the South right-of.'say line by We tcda.n9.43 .purled: 1) North 05 agree. 40 rnirilte* 11 Nooride West 860.83 lest 2 North 85 degrees 04- Minute* 49 sands EMC 11437 feet 3)) South 65 degrees'04 minute, 17 seconds Suet, 116.13 feet 4 North 86 degrees 45 minutes 05 seconds East. 100.65 Meet; 5 North 37 degrees 35 mnlnete* 21 eeaenaa EONS 52,54 feet; 0) North 21 degree[ 63 minutes 02 escande rat."156.97'feet 7) North 04.degrees 05 minute'e9 seconds East, 151.94 feat 8 North 30 carat 59 Wraith* 34 seconds West. 260.19 feet; 9) NOM 20 bores. 03 minutes 50 second. Wert 180.19 fat 10 North 11 degrees 50 manes'10 seconds West. 111.02 tat II Nart 09 arse* 40 minutes 28.seconds Sett 630.00 fort 12 North 16 degrees 32 mimeos 40 eeaende Pat. 507.27 fee; 13 NO101 37 degrees IS minutes 02 sea nde East, 71.23 Net: 14 Nc,m 65 apnea 14'minute 04 .•Donal Eae4. 409,78 tat 16 South 75 depose 30 minute*06 sands East. 40.45 feet 16 South 54 degree 20.',newton. 81 emends fast-16270 fat 1 South 85 Magna 05 ^:J•.utz'00.5505,08'East, 185.73.tat 1 South 32 aeerwe 35 minute:Sl eeoedd Cast. 152.59 fate 1 South 09 aagreer 01 mantrlas.50 .sands East. 153.01 felt 20 North 74 estate 00 .ttotel38 sandal East 132.01 feet .. vfr 21 -North 30 dogma 50 mYhutee 25*bone.Eat, 112:93 fat 22 North 01 degrraa A2 malted 26 become.Wait 170.70 at ^A,_ 23 North 83 degrees.07 manes P2 sevens East 170.44 fat - 144 North 35 hems 23 Minute. SS second. rest 115.24 feet: 95 North 00 aquae 25 minutes 24 seconds West 377.46 feat WE 96 North 10 degrees 52 Mates 16 seconds East. 134:11 teat, 27 North'39 degas 35 minutes 50 seconds East. SLAB.fee: 281.South Si'degrees 56 minutes O1' seconds East 121.19 feet 20 South 44 areas 35 minute 61 seaorae root 261.14 fate 30; South 67 area 30 Minutes 62 wanes 4Nat 173.07 Net T` 31 Harts 37 degrees 26 minutes 41 seconds East 190.86.feat; phi 32 North 09 assay 24 minutes-.25 seconds Eat.50:63 fee: Y 2t 33 South 71 dents 15 Minutes 41 eaahnt East. 03:06.fin: 34 Sale 20.depw. 22 minutes 43 wends .tee; 7610 fat. 35 South 1e degree. 35 minute. 39 secant East 325.00 Not: primula South 07 darns 46 minutes 49 Nomads East 155.89 fin, 371 Scot. 17 degrees 3.4. refla 21 seconds Wit. 351.63 lea: 4.ar - 1L=- 35 South 16 degree..44 mantles 32 awe.N. East. 220.42 that ) V�ryyr"'.. 39 South 97 degree. 42 adman 31 *alma East 305.14 fat i6P'J 40 South 30 degrade 38 Snubs 20 seconds Eat, 669.28 feet 41 South 21 area 10 minutes 00 eaodde East 235.27 feet' 42) South 26 degrees 27 minted 04 e.coedy Fain. 163.07 fret 43) South 34 derail 31 minW. 20 efoolde Eaat, 134.71 feet to a pant on the East One of the SE-a of aid Secm1n 7. said paint grind South 00 degrees tea arena West. 3680 feet from the East Oumfer caner Of laid Satan I rli.nc�e South de dense 02 manes wait. 2010.40 fat along the Colt IaN of sea Melte to tse SontMwl oaner'of'sole Thence South es de9rss. 8s Talm ,4Q ets t 267:I 3S'Idet aloe the Sant Hes of cold South Quarter nonce and the PAM al-. niS03 Wes - - saw tract of lend =atone 503.7442 acres;More or lee.,dud te subleat to .ivy dght-'of-hags or etMy3 e aeefnate ea grata or reserved by Instrumento of record Or a how existing on aid boot of Iona. . • a+ ii 114 till! DRAFT SURFACE USE AGREEMENT EJWiBR DIEM% Mika R a I*743 FaMdD. 0111 k A tonal a scrim 7.1omat,a f oIIm"Kw A war or DR em PX. �mulm a was■ups ar mlaM00 lif{ Ill 2a g s 4 iri t ,._ ti i [..J. .. ; g 1aa1 i i i 1 +� 7' j II1 _ 11sakt ._ _ �F a si1iIrr =n . i 1 j 0 R r • if \�, . 1/ 1 tl • �� ii' yf a r I dr5 III li a�1. ✓ i t .,..�. i ill P ' ; !, is I i ie' i I111 'i� i 11} � i fr 1E 1, Y. �I II -'I ", iN g°Ill li ; iii r i,l, 0') 4.11 i I , y , ,. , \. i iii\ d 11 : ,•;i " 0. ,111 �-! - p S; ;i;lI till -- -- ' s0 iI i� 1� §S �:•; •1 §; kit ....tom ; it -S F �. frd1lfd\\l ` Pe 0� i!'1 r i lig !I 2i ill 41 t o wx i .____; 1, 1 I i i! II I vsVs 1.1 �f N. 11 §, �_I, q, i a} / H flirt s„ I- •' rte, 5 , ir z I ' , i t ` 1)j ,1,;� f, �1 .8a . r�rn►'..r w-ny.�gv� 14 ..AS.. sit+-�._-_ t- '' J 1 'a I i i .}�T---' WELD COUNTY ROuIO M0. 10 i 51 i01- 140 1_71 INN° 111 ii- �i, 9ilii#Is • !jilt lieu I• ?i 14„ 1 • Xcel Energy°u PUBLIC SERVICE COMPANY 15006th Avenue Greeley,Colorado 60631 June 27,2006 Trinity Properties 29778 Hwy 257 Windsor,Co 80550 Subject: Service Availability Dear Sir: In accordance with our tariffs filed with and approved by the Colorado Public Utilities Commission,gas and/or electric facilities can be made available to serve your project at Dear Meadows Subdivision(Weld County Rd's 63&70 7-6n-63W). Currently our lead time for design is 8- 10 weeks. Lead time for construction,once the design has been approved,applicable costs have been paid and applicable contracts have been signed and returned,is 8— 10 weeks.Due to workload,material availability and design complexity,design and construction lead times are approximate and subject to change. Please submit your plans at the earliest opportunity to better assure meeting your proposed schedule for receiving service. El Gas costs will be calculated in conformance with our filed SERVICE LATERAL CONNECTION AND DISTRIBUTION MAIN EXTENSION POLICY. Electric Costs for the project will be calculated in conformance with our filed SERVICE CONNECTION AND DISTRIBUTION LINE EXTENSION POLICY. If you have any questions or comments,or if I can be of further assistance,please call me at the number listed below. My normal work hours are 7:30 a.m.to 4:00 p.m.,Monday through Friday. Sincerely, C p .!lc 4 Le•t-e- —) Joy L Detterer Planner Northern Colorado Design Will Serve Qwest Communications 13-Jun-06 5:17:07 PM 12121 Grant Street Room 201 Thornton,Colorado 80241 Mastriona,Donna R Tracking # 4728 SUBJECT: Telephone facilities to planned/proposed development. Atm: TRINITY PROPERTIES LP EDWARD YNN 356 FOXENWOO I i RIVE SANTA MARIA CA 93455 Qwest will provide service to your planned/proposed developement: DEER MEADOWS KID I a 6N a 6TH WELD Provisioning the service will be in accordance with tariffs on file at the Colorado Public Utilities Commission.I will need a final plat with measurements, easements,addresses,your phasing plan,and a trench plan before I can have this engineered. If there are any further questions, or if I can provide any assistance,please contact me. Mastriona,Donna R (303) 451-2390 (WA Coordinator) (Phone) Sincerely Hello