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Home My WebLink About20062010.tiff PUD FINAL PLAT WL�Pc. ADMINISTRATIVE REVIEW COLORADO CASE#: PF-1093 PLANNER: S. Lockman APPLICANT: Terra Firma Ventures ADDRESS: C/o Timothy J. Halopoff, P.E., 2819 Secomb Street, Fort Collins, CO 80522-1245 REQUEST: Planned Unit Development Final Plan for 9 residential lots (Sage Hill) LEGAL DESCRIPTION: Lot A RE-3840, being part of the NW4 Section 5,Township 7 North, Range 67 West of the 6'h P.M., Weld County, Colorado LOCATION: East of and adjacent to County Road 15 and south of and adjacent to County Road 86 ACRES: 34.99 +/- PARCEL#: 0705 05 200001 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 . 1) The application proposes non-urban scale development as defined by Section 27-2-140 of the Weld County Code. Section 27-2-140 defines non-urban scale development as "...developments comprising of nine (9) or fewer residential lots, located in a non-urban area as defined in Chapter 22 of the Weld County Code, not adjacent to other PUDs, subdivisions, municipal boundaries or urban growth corridors." 2) Section 22-3-50.B.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 homes will be serviced by North Weld County Water District and septic. The Weld County Department of Public Health and Environment indicated at the Change of Zone phase that the proposal does meet current Health Department policy and the application has satisfied Chapter 27 of the Weld County Code in regard to water and sewer. 3) The proposed site is not influenced by any intergovernmental agreements or the Mixed Use Development area. 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 11, Chapter 27 of the Weld County Code. The applicant has met the twenty performance standards as delineated in Section 27-2-10 regarding access, buffering and screening, bulk requirements, circulation, etcetera.The applicant has submitted an Improvements Agreement According Policy Regarding Collateral for Improvements(Private Road Maintenance)which is acceptable to the Weld County Department of Public Works. Conditions of approval require the applicant to amend the ,,., / Agreement to include the development sign, landscaping and fencing. However, should the rtii /7 2006-2010 PF-1093 Sage Hill 1 applicant desire to construct the road to county standards and have it accepted for maintenance by the County, a revised Improvements Agreement for Public Road Maintenance shall be submitted. The Improvements Agreement will be required to be approved and accepted by the Board of County Commissioners prior to recording the final plat. 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. The Town of Severance is within the three mile referral area.The Town indicated no conflict with the proposal in a referral response dated February 21, 2006. 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 Il, Chapter 27 of the Weld County Code. The homes will be serviced by North Weld County Water District and septic. The Weld County Department of Public Health and Environment indicated at the Change of Zone phase that the proposal does meet current Health Department policy and the application has satisfied Chapter 27 of the Weld County Code in regard to water and sewer. 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. County Road 15 is classified by the County as a local paved road adjacent to the proposed development requiring a 60-foot right-of-way. The roadway has been determined by the Department of Public Works to be adequate to meet the needs of the development. 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. The Weld County Department of Public Works has not required improvements to County Road 15 or County Road 86. 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. Conditions of Approval and Development Standards ensure that soil conditions shall be considered when placing structures or Individual Sewage Disposal Systems. The site is not located within an overlay district. Further, no viable commercial mineral deposits are located within the site. 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--If compatibility exists between the proposed uses and criteria listed in the development guide, and the final plan exactly conforms to the development guide. The proposed PUD Final Plan uses are compatible with the criteria listed in the developmental guide. PF-1093 Sage Hill 2 The Department of Planning Services'approval is conditional upon the following: 1. Prior to Recording the PUD Final Plat: A. The applicant shall amend the Improvements Agreement According to Policy Regarding Collateral for Improvements to include the development sign, pedestrian shelter, postal boxes, landscaping and fencing. Should the applicant desire to construct the road to county standards and have it accepted for maintenance by the County, a revised Improvements Agreement for Public Road Maintenance shall be submitted.This agreement shall be reviewed by County Staff and accepted by the Board of County Commissioners. (Department of Public Works) B. The Restrictive Covenants shall be amended as follows: 1) Weld County will not maintain drainage facilities, retention pond, landscaping or open spaces. The draft of the covenants that establishes the Homeowners Association (HOA) refers to "Common Element" and section 2.8 refers to Exhibit"A", which is not attached. It shall be clarified in the covenants what the Common Elements are and that the HOA is responsible for maintenance. (Department of Public Works) 2) "Weld County's Right to Farm" as provided in Appendix 22-E of the Weld County Code shall be included in the covenants. (County Attorney) 3) Sections 9.4, 9.5, 15.1 and Section 3 of Use Restriction relate to utility easements. The Sections shall be amended to be consistent with and limited to those easements shown on the final plat. (Department of Planning Services) 4) The covenants shall reference the final plat name along with a space to include the recording information. (County Attorney's Office) C. The applicant shall submit to the Department of Planning Services the appropriate fee($6 for the first page and $5 for all others)for recording the Restrictive Covenants in the Office of the Clerk and Recorder. (Department of Planning Services) D. The applicant shall submit written evidence to the Department of Planning Services indicating that all Weld County Department of Public Works concerns have been addressed. (Department of Public Works) E. The applicant shall submit evidence to the Department of Planning Services that the required School District cash-in-lieu of land dedication fee has been paid. (Department of Planning Services) F. 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) G. The applicant shall submit a copy of a finalized Water Service Agreement between the applicant and North Weld County Water District for service to the PUD. (Department of Planning Services) H. The applicant shall submit evidence that the mineral rights purchased from Andarko have been deeded to the Homeowners Association. (Department of Planning Services) I. The applicant shall submit evidence that the appropriate postal district has reviewed the proposed addressing and interior street name. (Department of Planning Services) PF-1093 Sage Hill 3 J. 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 ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is.tif(Group 4).(Group 6 is not acceptable).(Department of Planning Services) K. The Plat shall be amended to include the following: 1) The Utility Plan Approval signature box shall be replaced with a Utility Service Statement Block as required by Section 27-9-40.B of the Weld County Code. The Block shall be signed by the utility providers, North Weld County Water District, X-cel Energy, Poudre Valley REA and Qwest. (Department of Planning Services) 2) As required by the Weld County Utilities Advisory Committee, the plat shall delineate a twenty(20)foot utility easement along the North side of Tract C and the south side of Tract A. The easement along the west side of Lot 1 and Lot 9 shall be expanded to fifteen (15) feet and shall be extended through Tract B. (Utility Advisory Committee) 3) "Weld County's Right to Farm" as provided in Appendix 22-E of the Weld County Code shall be delineated on the plat. (Department of Planning Services) 4) The proposed development sign shall be located outside of utility easements and shall meet the required ten (10)foot setback from road rights-of-way. (Department of Planning Services) 5) 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 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 nine (9) residential lots as indicated in the application materials on file in the Department of Planning Services.The lots shall adhere to the uses allowed in the E (Estate) Zone District. 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. All landscaping within the site distance triangles must be less than 3%feet in height at maturity. (Department of Planning Services) C. A Home Owner'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) D. Weld County's Right to Farm as delineated on this plat shall be recognized at all times. (Department of Planning Services) E. Water service shall be obtained from North Weld County Water District. (Department of Public Health and Environment) F. This subdivision 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 PF-1093 Sage Hill 4 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. Septic systems shall be designed for site specific conditions including, but not limited to, shallow groundwater, bedrock, gravel and/or clay. (Department of Public Health and Environment) G. 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) H. 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) 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) J. 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) K. Sprinklers for fire suppression will need to be included in residences unless waived by the Poudre Valley Fire Protection District. (Poudre Valley Fire Protection District) L. A separate building permit shall be obtained prior to the construction of any building.(Department of Building Inspection) M. A plan review is required for each building. Plans may be required to bear the wet stamp of a Colorado registered engineer or architect.Two complete sets of plans are required when applying for each permit. (Department of Building Inspection) N. 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; 2002 National Electrical Code and Chapter 29 of the Weld County Code. (Department of Building Inspection) O. Each 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) P. 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) Q. Building height shall be measured in accordance with the applicable Building Code (currently 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 PF-1093 Sage Hill 5 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. Offset and setback requirements 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) R. All signs including entrance signs shall require building permits.Signs shall adhere to Section 23- 4-80 and Section 23-4-110 of the Weld County Code. These requirements shall apply to all temporary and permanent signs. (Department of Planning Services) S. 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) T. 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) (Department of Planning Services) U. Installation of utilities shall comply with Section 24-9-10 of the Weld County Code. (Department of Planning Services) V. 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) W. 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) X. 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) Y. 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. Z. 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. PF-1093 Sage Hill 6 AA. Section 27-8-80.B 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. 3. Prior to release of collateral: A. The applicant shall submit evidence that the Tract A, B and C have been deeded to the Homeowners Association. (Department of Planning Services) 4. Upon completion of 1 and 2 above, the applicant shall submit two (2) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. Upon approval of the paper copies the applicant shall submit a Mylar plat along with all other documentation required as conditions of approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services'Staff. The plat shall be prepared in accordance with the requirements of Section 27-9-20 of the Weld County Code. The Mylar plat and additional requirements shall be submitted within thirty (30) days from the date the Administrative Review was signed. The applicant shall be responsible for paying the recording fee. 5. Section 27-8-60 of the Weld County Code-Failure to Record a Planned Unit Development Final Plan- If a Final Plan plat has not been recorded within one (1) year of the date of the approval of 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 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; -17471I-1 Date April 17, 2006 / 7/0 By Sheri Lockman • Planner II PF-1093 Sage Hill 7 Page 1 of 1 Sheri Lockman From: Bruce Barker Sent: Monday, April 17, 2006 8:28 AM To: Sheri Lockman Subject: Sage Hill Covenants Sheri: The Sage Hill covenants look great, except they need to have reference to the final plat name with recording information, as detailed in that first check off item in Lee's list. Everything else looks good. Sorry this has taken so long. Bruce. 04/17/2006 Weld Cou nty Wet EY ning De OFF/cc anment MAR 1 7 2006 Kieft ‘it-H- Memoranda vF® WII TO: Sheri Lockman, W.C. Planning O DATE: March 14, 2006 • FROM: Pam Smith, W.C. Department of Public COLORADO Health and Environment CASE NO.: PF-1093 NAME: Dyecrest Dairy/Eagle Ridge Estates The Weld County Health Department has reviewed this Final Plat application. There was no Final Plat to review the required plat notes. The development was approved by the BOCC on December 14, 2005 with the following conditions from this Department: 1. Water service shall be obtained from the North Weld County Water District. 2. This subdivision 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. Septic systems shall be designed for site specific conditions including, but not limited to, shallow groundwater, bedrock, gravel and/or clay. 3. 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. 4. 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. 5. 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. 6. 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. 7. "Weld County's Right to Farm"as provided in Appendix 22-E of the Weld County Code shall be placed on any recorded plat. O:\PAM\Planning\chzone\pz-1093 Dyecrest Dairy.rtf 1 &IttH' MEMORANDUM TO: Drew Scheltinga, P.E. DATE: 16-February-2006 �• FROM: Brian Varrella P, Public Works Department COLORADO SUBJECT: PF-1093 Sage Hill (Final Plan) Weld County Public Works Department has reviewed this Final plan request. Comments made during this phase of the subdivision process may not be all-inclusive, as other concerns or issues may arise during the remaining application process. Comments ❑ Sage Hill is planned for 9 single family residential sites on 35 acres. ❑ These comments are a result of the review of the drainage report entitled Drainage and Erosion Control Report for Sage Hill by Timothy Halopoff(PE#37953)for Sage Hill,dated February 2,2006, submitted for Final review. Drainage: ❑ The following items have been identified during the Final review, and must be addressed in the Drainage and Erosion Control report: o Weld County will not maintain drainage related areas. The applicant shall address this topic in the drainage report. o Any references to a"flood fringe" shall be changed to"floodplain." o The owners/operators of the Cactus Hill Lateral ditch must be identified in text o The vertical datum references feet,but does not define which vertical datum is being used on this project (i.e.NGVD-29,NAVD-88,etc.). Please identify. o All offsite drainage from the east must be included as part of the total design flow for this site • Facilities at Sage Hill shall be sized to intercept sheet flows from the property east of the ditch,up to the drainage divide, as per Weld County storm drainage criteria o The western portion of proposed sub-basin"Offsite" is affected by construction of development (Drainage and Erosion Control Report for Sage Hill,page 5,4th Paragraph, first sentence) • The proposed swale conveys some flow out of this sub-basin to the proposed detention pond • The sub-basin characteristics of"Offsite" shall be revised and flows recalculated o Please note the 1-ft freeboard requirement for the detention pond(from top of embankment to 100-year WSEL) somewhere in text. o All proposed swales and culverts on the property shall be supported with design calculations—please add this to the report. Include any computer model input and output in the appendix of the report, and consider the use of tables in the body of the text to summarize pertinent hydraulic information. o The emergency spillway shall be designed according to Weld County storm drainage criteria. • Please include armoring(slope protection) on the upstream and downstream slope of the emergency spillway. • Please include a concrete cutoff wall for the final plans. o Riprap protection shall be placed at pipe outlets, swale outlets, swale bends,and any other locations requiring permanent erosion protection • UD&FCD sizing methods shall be utilized and supported by at least 1 other approved method • Calculations shall be included in the appendix of the Final Plan report. Pagelof2 • • Geotextile sha'%',e sized for all riprap, and calculations shallb,e included in the appendix of the • Final Plan rep, o All t,calculations for overland flow are incorrect—the appropriate equation utilizes a slope in units of ftift. The published values of t,in Appendix B were derived using slope as a percentage. The hydrology for the entire project(historic and proposed conditions)shall be corrected and resubmitted for approval. • The maximum overland flow length of 500 ft shall be maintained for all sheet flow calculations, as noted in the report text on page 6. o The orifice calculation sheet(the first page of Appendix C) is incomplete. The data on said sheet shall be supported by identified equations and variables with appropriate units. ❑ Comments pertaining to the Drainage and Erosion Control Drawings are as follows: o All thawing sheets shall be stamped,signed and dated by a professional engineer licensed in the State of Colorado and submitted with the Final application. o Please include a drawing sheet or sheets for roadway cross sections. o Please include a drawing sheet or sheets for swale cross sections. o Please include a drawing sheet or sheets for an emergency overflow cross section. o All easements must be clearly marked. This includes but is not limited to, utility easements, drainage easements, oil and gas easements, County and State right-of-ways, and others. o Please number every lot in the drawings for ease of review and discussion. o All redline comments on the drawing sheets shall be addressed. o Pertinent hydraulic data shall be identified on all structures in plan view drawings. i t it PC: PZ-1093 Sage Hill (Final Plan) Email& Original:Planner PC by Post: Applicant PC by Post: Engineer Page 2 of 2 6 MEMORAN DLT Phnning Department ELEE EY OFFICE AR X 1 2006 Elk TO: Sheri Lockman, Dept. of Planning Services DATE: °212M/09 IVED FROM: Drew Scheltinga, P. E., Public Works Department {( � COLORADO SUBJECT: PF-1093 Sage Hill (Final Plat Administrative Review) Weld County Public Works Department has reviewed this Final Plat submittal. All items outlined in this memorandum must be addressed prior to recording the Final Plat. Overall Utility Plans: Show 4" of HBP Grading S and 6" of ABC Class 6 on the Typical Street Section shown on sheet 1 in accordance with the design by EEC dated 4/08/05. The Utility Plan Approval signature box at the lower right hand corner of each sheet shall be removed. Weld County does not sign construction plans. Final plan sheets must be signed by the Engineer. On sheet 6, Utility and Infrastructure Plan, the Cactus Hill Lateral and an Existing Irrigation Delivery Ditch, along with structures, are shown. There is no easement provided for the Existing Irrigation Delivery Ditch. An adequate easement for access and maintenance of the ditch and its structures must be shown. The down stream water owners shall provide written approval for the adequacy of the easement. Intersection Sight Distance Triangles, restricting visual obstructions and landscaping exceeding 3W at maturity, shall be shown on the Rough Grading Plan, Roadway Improvement Plan and the Landscape Plan, in accordance with AASHTO design standards. It is difficult to read the Landscaping Plan, but it appears there may be plantings that will exceed 3%' at maturity that will restrict vision. The pedestrian shelter shall be shown and dimensioned in the plans. Sight Distance Triangles must be taken into consideration if it is to be located in Tract A or C. If the pedestrian shelter is to be located elsewhere, an appropriate easement must be provided. The location and configuration of the Cluster Mail Box must be approved by the local Post Master, however; it should be set back from the intersection approximately 100' to avoid conflicts with other vehicles. The Typical Lot Grading detail on sheet 4, Rough Grading Plan, indicates a minimum of 10' to be sloped away from houses at 2%. I recommend a minimum of 30' be shown because of the large lot nature of this development. M:WLANNING-DEVELOPMENT REVIHWl3-Final Plat(PF,PAP,M!F)1PF-1093 Sage HIIPPF-1093 Sage Hill(Final PIS).DOC Page 2 of 2 PF-1093 Sage Hill 2/21/06 Maintenance of Infrastructure: The Improvements Agreement submitted is for private road maintenance. If the applicant desires to construct the road to county standards and have it accepted for maintenance by the County, a revised Improvements Agreement for Public Road Maintenance shall be submitted. The attachments, Exhibits A and B are acceptable. Weld County will not maintain drainage facilities, retention pond, landscaping or open spaces. The draft of the covenants that establishes the Homeowners Association (HOA) refers to "Common Element" and section 2.8 refers to Exhibit "A", which is not attached. It shall be clarified in the covenants what the Common Elements are and that the HOA is responsible for maintenance. Drainage: Brian Varella of the Public Works Department has review the Drainage and Erosion Control Report by JR Engineering, dated February 2, 2006. There are several issues that need to be addressed, such as off-site drainage areas, detention pond and drawing details. A copy of Mr. Varella's memo is attached. Because of the detailed nature of drainage issues, I recommend Mr. Varella be contacted directly to expedite answering drainage questions. Record Plat: There is a note and centerline shown for the Cactus Hill Ditch that was vacated by Reception No. 3328615. On the east line of the subdivision, there is a note for an Existing 35' Ditch Easement, by the same Reception Number. The notes need to be clarified and a 35' easement for the Cactus Hill Ditch shall be dedicated on this plat. The 20' Utility easement shown on the east line of the subdivision is within the Cactus Hill Ditch easement. It will not be possible to construct utilities in the ditch. The 20' Utility easement shall be located outside and west of the Cactus Hill Ditch Easement or any additional easements for the Existing Irrigation Delivery Ditch. Utility Easement should be spelled out and not abbreviated UE. Any additional easements or revisions in easements required by the Utility Board shall be shown on the final plat. The north line of the subdivision shall be identified as the north line of section 5, if that is the case. PC: PF-1093 Sage Hill Email & Original: Sheri Lockman, Dept. of Planning Services PC by Post Applicant/Engineer: Timothy Halopoff, Terra Firma Ventures M:\PLANNING-DEVELOPMENT ItEV1EWH-Final Plat(PF,MF,M.IF)\PF.1093 Sage Hill\PF-1093 Sage Hill(Final Plat).DOC PF-1093 Sage Hill road agreement Page 1 of 1 Sheri Lockman From: Drew Scheltinga Sent: Thursday, March 09, 2006 4:17 PM To: Sheri Lockman Cc: thalopoff@jrengineering.com; Peter Schei; Brian Varrella Subject: RE: PF-1093 Sage Hill road agreement Sheri Tim Halopoff, Peter Schei, Brian Varrella and I met this morning to discuss Public Works' comments. All the items in Tim's email of 3/07/06 were easily resolved as follows: 1. An easement for the irrigation delivery ditch will be provided on the record plat. 2. The postal cluster box and pedestrian shelter will be shown and dimensioned in the construction plans. 3. A revised improvements agreement using the public maintenance format will be submitted. New exhibits A and B are not necessary. Drainage was discussed at length between Tim, Peter and Brian. Tim will revise and resubmit the drainage report. You were correct, Tim is a nice person and very good to work with. Drew Scheltinga, P. E. Weld County Public Works Department 1111 H Street P. O. Box 758 Greeley, CO 80632 970-356-4000 X3750 dscheltinga@co.weld.co.us 03/09/2006 a DEPARTMENT OF BUILDING INSPECTION Weld County Administrative Offices 1555 N. 17th Avenue, Greeley, CO 80631 47.1" 'glue WEBSITE: www.co.weld.co.us Phone (970) 353-6100, Ext. 3540 Fax(970) 304-6498 COLORADO February, 28 2006 Applicant: Terra Firma Ventures Legal: Lot A of RE-3840; PT NW4 of Section 5, T7N, R67W.of the 6`h PM, Weld County Colorado PF-1093 1. A separate building permit shall be obtained prior to the construction of any building. 2. A plan review is required for each building. Plans may be required to bear the wet stamp of a Colorado registered architect or engineer. Two complete sets of plans are required when applying for each permit. 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; 2002 National Electrical Code and Chapter 29 of the Weld County Code. 4. Each 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. Please contact me for any further information regarding this project. Sincerely, legrid Frank is a Lino Plans Examiner ° vhoi tc Piti,WIDc. Weld County Referral COLORADO February 14, 2006 The Weld County Department of Planning Services has received the following item for review: Applicant Terra Firma Ventures Case Number PF-1093 Please Reply By March 15, 2006 Planner Sheri Lockman Project Planned Unit Development Final Plan for 9 residential lots Legal Lot A of RE-3840; Pt NW4 of Section 5, T7N, R67W of the 6th P.M., Weld County, Colorado. Location East of and adjacent to CR 15 and south of and adjacent to CR 86 Parcel Number 0705 05 200001 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) March 15, 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. .See attached letter. Cnmmpnte Signature -,rn� y'✓� l Date Z/ /?oo Agency \--Ala' +Weld County Planning Dept. +918 1 '"Street, Greeley, CO.80631 +(970)353-6100 ext.3540 +(970)304-6498 fax 3729 Cleveland Avenue P.O.Box 100 Wellington,Colorado 80549 Telephone: (970)568-3612 Fax: (970)221-4659 North Poudre Irrigation Company March 10,2006 Weld County Planning Department GREELEY OFFICE Weld County Planning Dept. MAR 1 3 20U6 Attn: Sheri Lockman,Planner 918 10`°Street Greeley,CO 80631 RECEIVED Dear Sheri Lockman, I have received the PUD final Plan for Sage Hill Estates(Formally Eagle Ridge Estates)and have only the following comments: 1. The Cactus Hill Ditch easement is 35' on either side of the centerline unless covered by a duly recorded easement/right-of-way document,a copy of such should be produced for our information. 2. The is a repeated comment from my review of the Eagle Ridge Estates,"The potential lot owners adjacent to the Cactus Hill ditch should not interfere, impede, or restrict the Company's access, use of,or maintenance of our ditch easement. This could include but not limited to these examples; vinyl fencing,gates,planting of trees,the restriction of burning the ditch,the application of herbicides to control weeds,use of the ditch road for any other than the operation and maintenance of the Cactus Hill Ditch". 3. The plan indicates that NPIC irrigation water is provided for individual lot owners to irrigate their lots(item C.5). If the development is going to use NPIC water they need to own as a minimum of 1 share in the Company to get water. They need to form an association where a single individual is authorized to place orders for water with the Company. This can be accomplished by the existing HOA is there is going to be one. It has proven beneficial for prospective purchasers of the lots to contact me and discuss in more detail the relationship that exists between the Ditch Company and lot owner. It you could assist in the passing this information on to others I would appreciate it very much. Sincerely, Stephen R. Smith Manager i Weld County Referral C. COLORADO February 14, 2006 The Weld County Department of Planning Services has received the following item for review: Applicant Terra Firma Ventures Case Number PF-1093 Please Reply By March 15, 2006 Planner Sheri Lockman Project Planned Unit Development Final Plan for 9 residential lots Legal Lot A of RE-3840; Pt NW4 of Section 5, T7N, R67W of the 6th P.M., Weld County, Colorado. Location East of and adjacent to CR 15 and south of and adjacent to CR 86 Parcel Number 0705 05 200001 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) March 15, 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. 0 See attached letter. Cnmmpntcr Signature � d,_,.t, j) (___ Date d��‘ Agency /(7,r, �'Lt__.e fin ✓ / +Weld County Planning Dept. +918 10'"Street, Greeley, CO. 80631 +(970)353-6100 ext.3540 t(970)304-6498 fax Ud1. re Fire Prevention Bureau �Phone: 970-221-6570 `� Authority 102 Remington of Fax: 970-221-6635 vFort Collins, CO 80 RY fk �y .pentdre-fire.org APR — 5 2006 TO: Sheri Lockman, Weld County Planner RECEIVED FROM: Carle Dann, Fire Protection Technician, Poudre Fire Authority, phone 416.2869 RE: (Terra Firma Ventures) Sage Hill PUD Final Compliance DATE: April 3, 2006 CC: Timothy Halopoff The Poudre Fire Authority will enforce the 1997 Uniform Fire Code along with its accompanying local ordinances as follows: Previous comments from Michael Chaves of Poudre Fire Authority, dated April 29, 2005, still apply. PFA has no additional comments or concerns. Sincerely, IN Carle Dann STATE OF COLORADO OFFICE OF THE STATE ENGINEER co\ Division of Water Resources 20 De Department of Natural Resources c \ 1313 Sherman Street, Room 818 �� Denver,Colorado 80203 �A Phone(303)866-3581 March 3, 2006 �� 876_ FAX(303)866-3589 We/d County pta Bill Owens www.watecstate.to.us nning pe Governor 6REELEV OFFICE Pa 'moot Russell George Ms. Sheri Lockman Executive Director Weld County Planning Department BAR X 8 Hal D.Simpson,P.E. 918 10th Street '2006 State Engineer Greeley, Co 80631 CEIv Re: Sage Hill P.U.D. /`_ Case No. PF-1093 NW1/4 of Sec. 5,T7N, R67W, 6th P.M Water Division 1,Water District 3 Dear Ms. Lockman: We have reviewed the above referenced proposal to subdivide a 34.99-acre parcel into 9 single- family residential lots with an average lot size of 3.420 acres. A Water Supply Information Summary Form was not included in the referral material. The proposed water source for this development is identified as the North Weld County Water District ("District"). Neither a letter of commitment for service from the District nor a copy of a draft Water Service Agreement was provided. According to information in our files, the District will typically furnish 70% of an acre-foot (228,000 gallons) of water per tap per annual water year if the allotment for the Colorado-Big Thompson (CBT) project water, as determined by the Northern Colorado Water Conservancy District, is 50% or greater. The District will restrict the delivery as necessary when the CBT allotment is less than 50%. Based upon recent updated information (dated September 29, 2005) provided to this office by the District, the District currently has an adequate uncommitted water supply to provide the water associated with this project. Pursuant to Section 30-28-136(1)(h)(II), C.R.S., the State Engineer's office offers the opinion that with the District as the water supplier, the proposed water supply may be provided without causing material injury to existing water rights and the supply is expected to be adequate, provided the applicant obtains a letter of commitment for service from the District for this development. We recommend that the County obtain a signed copy of the water service agreement from the District prior to the final approval of the subdivision. If you have any question in this matter please contact Megan Sullivan of this office. Sincerely, > Dick Wolfe, P" E Assistant State Engineer cc: Jim Hall, Division Engineer George Varra, Water Commissioner, District 3 Water Supply Branch DW/MAS/Sage Hill PUD MAR-09-2006 THU 04:27 PM WINDSOR SCHOOL DISTRICT FAX NO, 970 686 5280 scirlHe ‘r, Weld County Referral Inge COLORADO February 14, 2006 The Weld County Department of Planning Services has received the following item for review: Applicant Terra Firma Ventures Case Number PF-1093 Please Reply By March 15, 2006 Planner Sheri Lockman Project Planned Unit Development Final Plan for 9 residential lots I Legal Lot A of RE-3840; Pt NW4 of Section 5, T7N, R67W of the 6th P.M., Weld County, Colorado. • Location East of and adjacent to CR 15 and south of and adjacent to CR 86 Parcel Number 0705 05 200001 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) March 15, 2006 O We have reviewed the request and find that It does/does not comply with our Comprehensive Plan We have reviewed the request and find no conflicts with our interests. See attached letter. Cn mmantc r7s WA-7-CA \+V kNr1IZ elfe tsa0t 1 *Lk lktOete. WAN we .cJ to MD , 4.31- \3 (v. `Gatti f M \Cap,. oS- tuwa C&-40N. 'neuQ \NS k n'iso•lr r rneoliorr. CIL C\eU-ewr vvistPY- ow oft VtNedi Signature 1,/, ❑ate 3,] 9 1° b - Agency US W, Cat/grit 9$-y Sad\ NOtt)N-ak- 1 6Wold County Planning Dept +918 10th Street,Greeley, CO.80631 t(970)353.6100 ext.3540 +(970)304.6498 fax • 02/21/2006 11: 26 970-686-6250 TOWN OF SEVERANCE PAGE 01/01 a • • T o Weld County Referral C. COLORADO February 14, 2006 The Weld County Department of Planning Services has received the following item for review: • Applicant Terra Firma Ventures Case Number PF-1093 • P/ease Reply By March 15, 2006 Planner Sheri Lockman• Project Planned Unit Development Final Plan for 9.residential lots Legal Lot A of RE-3840; Pt NW4 of Section 5, T7N, R67W of the 6th P.M., Weld County, Colorado, Location East of and adjacent to CR 15 and south of and adjacent to CR 86 Parcel Number 0705 05 200001 • 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) March 15, 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. ❑ See attached letter. Cnmman t ' • Signature Date Agency Town of Severance tot/veld County Planning Dept. +918 10'"Street, Greeley,CO. 80631 O(970)353-8100 ext.3540 O(970)304-8498 fax ay7r--) iit,-6---N. WilDe Weld County Referral COLORADO February 14, 2006 The Weld County Department of Planning Services has received the following item for review: Applicant Terra Firma Ventures Case Number PF-1093 Please Reply By March 15, 2006 Planner Sheri Lockman Project Planned Unit Development Final Plan for 9 residential lots Legal Lot A of RE-3840; Pt NW4 of Section 5, T7N, R67W of the 6th P.M., Weld County, Colorado. Location East of and adjacent to CR 15 and south of and adjacent to CR 86 yParcel Number 0705 05 200001 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) March 15, 2006 ❑/yye have reviewed the request and find that it does/does not comply with our Comprehensive Plan We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. Cnmmpntc. 1.��Ij/Yk/] /if e/-O9O ) ( /7 k 'i//y)f LIZ/ (2/1(1 (1,L/1l� 1, A (�,(! / 16 (,L>flk/iiri/j (/,t'( P 7V// /. Signature l .2/i7 I r ( ) Date n J . r l�' _ 0-•//o -No Agency ,9 2-17// 6241/1 +Weld County Planning Dept. 918 10'"Street, Greeley,CO. 80631 •)(970)353-6100 ext.3540 +(970)304-6498 fax _ rio circ-Ns cs_ a weld Counts Planning Deed County Referral ii, C C�EELEY OFFICE FEB 2 a 2006 COLORADO RECEIVED February 14, 2006 The Weld County Department of Planning Services has received the following item for review: Applicant Terra Firma Ventures Case Number PF-1093 Please Reply By March 15, 2006 Planner Sheri Lockman Project Planned Unit Development Final Plan for 9 residential lots Legal Lot A of RE-3840; Pt NW4 of Section 5, T7N, R67W of the 6th P.M., Weld County, Colorado. Location East of and adjacent to CR 15 and south of and adjacent to CR 86 Parcel Number 0705 05 200001 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) March 15, 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. V' See attached letter. Cnmmentc• Signature M7 Date Agency /....)ti:c O co e."eV rY Sye"CC.4-rc +Weld County Planning Dept. +918 10'"Street, Greeley, CO.80631 +(970)353-6100 ext.3540 +(970)304-6498 fax Weld County Sheriffs Office M e mo To: Sheri Lockman From: Ken Poncelow Date: February 21, 2006 Re: PF-1093 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. 9. The Sheriffs Office encourages Law Enforcement Authorities to provide additional funding for law enforcement requirements in the future. 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 1 indicated by growth not considered at the time the plan was developed. I have no other comments on this proposal. • Page 2 PE-1093 Sage Hill road agreement — Page 1 of 1 Sheri Lockman From: Halopoff, Timothy [THalopoff@JREngineering.com] Sent: Tuesday, March 07, 2006 4:59 PM To: Sheri Lockman Subject: PF-1093 Sage Hill road agreement Attachments: SAGE HILL LETTERS.PDF Sheri, I was reviewing the comments mailed 2/21/06 on the Sage Hill final submittal for administrative approval and had a few questions that I was hoping you could answer. 1. For the irrigation delivery ditch, are the downstream owners that you are referring to the properties on the southwest? The two residential homes to the southwest have never had irrigation rights as seen by the diversion ditch that they constructed to avert irrigation flow. The contours have always prohibited Terry French's property from ever receiving irrigation water as conveyed across this property and David Doyle signed a letter that allows us to place our drainage ditch because he does not want irrigation water crossing his property. (Letter attached) Will this suffice for the downstream water owners portion of your first comment? 2. The postal cluster box was placed by Carl Jenkins with USPS. We submitted his letter during Sketch and Zone Change submittals. (Letter attached)Will this suffice for your fourth comment? I've visited other PUD's such as Prairie Ridge, and this sort of location seems to work well. 3. You are correct that we intend to construct the road to county standards and have it accepted for maintenance. Thank you for catching the error in road maintenance applications, I will switch to the other form on the re-submit. Per your comments, is it correct that I don't need to re-submit exhibits A and B? Thank you for all of your comments. They will be addressed on our next submittal. Warm regards, Timothy J. Halopoff, P.E. Lead Project Engineer ,1R ENGINEERING A W RS I RIAV COMPA.AY 2620 E.Prospect Road, Suite 190 Ft. Collins,CO 80525 W:970.491.9888 C:970.215.5299 F:970.491.9984 <mailto:thalopoff irengineering,com> <<SAG E_H I LL_L ETTERS.PD F» 03/08/2006 c+ UNITEDSTATES POSTAL SERVICE Date: June 28, 2005 Subject: Mail Delivery at Eagle Ridge Estates To: Weld County Planning and Zoning The Fort Collins Postal Service has met with Tim Halopoff as the engineer for Terra Firma Ventures,LLC. We agreed on the location for the cluster box unit near the edge of the 8' gravel shoulder at the entrance of the development. If you have any questions please call Carl Jenkins at 970-225- 4130. 5eyyja,,,,) Carl Jenkins Growth Coordinator USPS 301 E. Boardwalk Dr. Fort Collins, Co. 80525-9998 8-03-205 11 =25PM FROM^ P 2 1 Drainage Ditch Temporary Construction Agreement In order to legally and adequately protect your property from upstream drainage, Terra Firma Ventures, LLC (TFV, LLC) finds that the existing drainage ditch recently installed or realigned (approximately 1 year ago from our prior conversations), is misaligned. The ditch currently crosses two properties before discharging and could possibly be inadequate for a 100-year storm event in its current capacity. TFV, LLC would like to iebtify the errant drainage ditch with an engineered ditch that would be constructed by and placed fully within the proposed Eagle Ridge Estates rural subdivision. The proposed solution is shown on exhibit A (attached). The proposed drainage ditch would not only eliminate the need for the current ditch,but would insure proper protection of your property from upstream land. Furthermore, TFV, LLC would kindly perform the back-filling and proper grading of the current ditch that traverses your property. This letter confirms our verbal agreement that you will allow TFV, LLC to construct an. engineered drainage ditch(as shown on exhibit A)that will perform the functions currently performed by the existing traversing ditch. In addition,should you choose to have your portion of the non-conforming ditch filled by TFV, LLC or its subcontractors,this letter will serve as permission for temporary access for the regrading of your portion of the ditch at no cost to you. Any work performed on your property will be coordinated directly with you. We really appreciate your cooperation in the matter. We know you will find us to be good neighbors. Again, thank you for your cooperation in this matter and I would appreciate it if you would sign this agreement and fax it back to 970.491.9984. Respectfully, Hi Timothy J Halopoff,, . Wes Manager/Member David Doyle Date. U:\My Documents\Personal\TFV\Doyle Letter.doc Page 1 of 1 Sheri Lockman From: Drew Scheltinga Sent: Friday, February 17, 2006 3:06 PM To: Sheri Lockman Cc: Peter Schei Subject: PF-1093 Sage Hill PUD (Final Plat) Sheri We received the final plat application packet today and all required items are in the packet. Therefore, the March 15 date on the packet is the appropriate due date for our comments. Drew Scheltinga, P. E. Weld County Public Works Department 1111 H Street P. O. Box 758 Greeley, CO 80632 970-356-4000 X3750 dscheltinga@co.weld.co.us 02/21/2006 FIELD CHECK Inspection Date: 3/ay Cco PLANNER: S Lockman APPLICANT: Terra Firma Ventures CASE#: PF-1093 REQUEST: Planned Unit Development Final Plan for 9 residential lots (Sage Hill) LEGAL: Lot A RE-3840 being part of the NW4 Section 5, Township 7 North, Range 67 West of the 6th P.M., Weld County, Colorado LOCATION: East of and adjacent to County Road 15 and south of and adjacent to County Road 86 PARCEL ID #: 0705 05 200001 ACRES: 34.99 +/- Zoning Land Use N N E E S S W W Comments: ViNnlaCLU Signature o House(s) o Derelict Vehicles ❑ Outbuilding(s) ❑ Non-commercial junkyard (list components) ❑ Access to Property ❑ Irrigation Sprinkler o Crop Productions o Crops o Site Distance ❑ Wetlands ❑ Mobile Home(s) o Oil & Gas Structures o Other Animals On-Site o Wildlife o Water Bodies o Utilities On-Site (transmission lines) o Ditch ❑ Topography Note any commercial business/commercial vehicles that are operating from the site. 1. _- -- ! _I I I I -- 1 J _� -1.. 7._I 1 l_ . _ I i - _ -_ , - - -a- 1-T -�-1 I �- I T - _• __ - • ' I ._. . 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" ''� - r£ 'q _ '" ' y�g p IN Y 1F, `Y'gs' D ._ „ :r , * 'TW F�- a ''''p'nq aK,e:.rra z` `' - .✓rxaa.. .. i'"u -,. ...j+ S::' 2%'t�� MINUTES OF THE WELD COUNTY UTILITIES ADVISORY COMMITTEE A regular meeting of the Weld County Utilities Coordinating Advisory Committee was held on Thursday, March 23, 2006 10:00 a.m., in the Conference Room of the Weld County Planning Department at 918 10th Street, Greeley, Colorado. Members Present: Don Posselt, Doug Melby, Robert Fleck, Don Carroll Also Present: Kim Ogle, Jacqueline Hatch, Brad Mueller, Sheri Lockman, Ted Eyl, Jesse Hein. CASE NUMBER: PF-1089 APPLICANT: MBM Enterprises LLC PLANNER: Kim Ogle LEGAL DESCRIPTION Lot B of RE-3006; part NE4 of Section 19, T6N, R66W of the 6`h P.M., Weld County, Colorado. REQUEST: PUD Change of Zone for Nine (9) Estate Lots and 0.16 acres of open space (Sierra Acres PUD) in the A(Agricultural)Zone. LOCATION: West of and adjacent to CR 27; south of and adjacent to State Hwy 392. Kim Ogle, Department of Planning Services, presented Case PF-1089. There are two non-buildable outlots. Access is from CR 27 which is a paved road. Greeley#2 Canal bisects the property to the south, irrigation to the north bisect the residential units from outlot one. Each lot has a primary and secondary leach field for septic systems. There are 20 foot perimeter easements, 10 foot side lot line easements, 50 foot irrigation easement along the north irrigation line and right-of-way along the Greeley#2. Todd Hodges, representative for the applicant, added that the agricultural outlots contain standard uses. Should those develop further there would need to be a additional processes. There are the typical easements for perimeter, right-of-way and property lines. Doug Melby asked if the existing holding tank was part of this proposal. Mr. Hodges stated there is a tank on the Southeastern section north of the Greeley#2 and it has a 200 foot radius. With the Estate Zoning the setback is 200 feet from oil and gas facilities per county code. Robert Fleck asked where the closest waste water treatment facility was. Mr. Hodges stated it was in Windsor and it is approximately six miles from this site. Mr. Hodges added there is a future line north that will come from Severance to tie into Windsor. Mr. Ogle added it is the old Great Western RR line from Windsor to the north east. This proposed sewer line is approximately four miles from the site. Don Posselt moved to accept. Doug Melby seconded. Motion carried. CASE NUMBER: MF-1069 APPLICANT: David &Susanne Schwind PLANNER: Jacqueline Hatch LEGAL DESCRIPTION Lot A of RE-2651; being part NW4 of Section 4, T3N, R68W of the 6th P.M., Weld County, Colorado. REQUEST: Minor Subdivision Final plat for 4 residential lots, The Highlands, with Estate Zoning. LOCATION: East of and adjacent to CR 5; south of and adjacent to CR 38. Jacqueline Hatch, Department of Planning Services, presented MF-1069. The utilities will be provided by Little Thompson, septic systems, Excel Energy, United Power and Qwest. The plat shows a 15 foot gas easement running parallel with CR 5 as well as a 30 foot prescriptive easement for the Ish Ditch that runs parallel with CR 38. The Department of Planning Services is recommending that the applicant provide a utility easement on the front, rear and side lot lines as per Section 24-7-60 of the Weld County Code. The plat currently shows 12 foot utility easement on Highland Court and staff has requested this to be 15 feet. Don Carroll asked about the Highland Court being 60 feet of public right-of-way and the additional 15 feet should be located outside the 60 foot easement not internal. The perimeter easement needs to be 20 foot, the lot line easements shall be 10 foot on either side. Ms. Hatch asked if the 20 foot would be additional to the 15 foot gas easement on CR 5 for a total of 35 feet. Mr. Carroll asked if the gas easement were prescriptive or not. The additional easement would be better either behind or incorporated depending on the existing gas easement. Don Carroll stated that the easement needs to fit the typical pattern of easements per Section 24-7-60 of the Weld County Code. Jesse Hein, Public Works, added there were some easements discussed with himself and the applicant and those have been accommodated on the plat drawings. Robert Fleck moved to approve. Doug Melby seconded. Motion carried. CASE NUMBER: AmPF-354 APPLICANT: James &Cheri Scott PLANNER: Brad Mueller LEGAL DESCRIPTION: Part of Section 4, T6N, R67W of the 6th P.M., Weld County, Colorado. REQUEST: Replat and subdivision of Lot 7, Shiloh Estates into four lots, three additional lots, located in the Shiloh Estates PUD Zone District. LOCATION: North of CR 72 off of Cornerstone Way within Shiloh Estates subdivision which is located between the Towns of Windsor and Severance. Brad Mueller, Department of Planning Services, presented Case AmPF-254. There is a 60 foot access utility and drainage for the main access into the site. There is a 15 foot drainage and utility easement adjacent to this. The lot lines have 10 foot easements on both sides. There is an outlot A that contains a 20 foot utility and drainage easement. The northwest corner of the property contains an easement for an existing water line. Brad Mueller added that one of the unique features is the lot lines come to the center of the roadways and an easement placed over those lot lines. This will keep the plat consistent with the approved Shiloh Estates Subdivision. These are access easements over private lots. Don Carroll indicated there are a couple of things. The first concern is with the inconsistency with the entrance onto Cornerstone Court and whether more can be asked for. Mr. Mueller stated that was outside the scope of this application and was in existence. Mr. Carroll added the difference in the labeling on the plat for the 20 utility easement being a 20 foot utility, drainage, irrigation, maintenance, riding, biking, jogging and walking. The board was agreeable with this with the understanding that there will be utility uses. Don Posselt moved to approved. Doug Melby seconded. Motion carried. CASE NUMBER: PF-1093 APPLICANT: Terra Firma Ventures LLC PLANNER: Sheri Lockman LEGAL DESCRIPTION Lot A of RE-3840 Pt NW4 of Section 5, T7N, R67W of the 6th P.M., Weld County, Colorado. REQUEST: A Change of Zone from Agriculture to PUD for nine (9) lots with Estate Zone uses. LOCATION: East of and adjacent to CR 15 and south of and adjacent to CR 86. Sheri lockman, Department of Planning Services, presented Case PF-1093. Utilities will be provided by North Weld Water District, Excel Energy, Qwest and Poudre Valley REA. The septic systems will be designed to connect to Boxelder Sanitation. Don Carroll asked about the 10 foot easement along Tract A&C and questioned whether the front line easement is adjacent to the public right-of-way. Ms. Lockman stated she had not spoken with the applicant regarding that location but had spoken with them regarding the 10 foot on Lot 1 and Lot 9. Mr. Carroll stated that utilities will need to run across Tract A since there is no designated easement along the road right-of-way. Mr. Carroll stated the easement needs to be adjacent and a note can be placed on the plat stating the outlots can be used for utilities. Ms. Lockman added the applicant would rather have the easements kept out of the tracts and be kept in the lots due to the drainage facilities. Mr. Posselt added there is irrigation along the road that leaves no room for an easement. There is not much room along CR 15 for easements. Mr. Carroll stated there needs to be some connectivity along Tract A to be able to get internal. The request is a 20 foot easement on the south end of Tract A. The easements between Tract A and Lot 1 and between Tract C and Lot 9 need to be 15 foot. Robert Fleck asked if there needed to be an easement included in Tract B in case utilities need to cross there. Mr. Posselt stated there needs to be something on the island or the utility will need to go around. Mr. Fleck suggested the proposed 15 foot easement be continuous from Tract A through Tract B to Tract C. Sheri Lockman summarized the suggested changes to be a 20 foot easement extending from the county road right-of-way to Lot 9 on the north side of Tract C, 20 foot easement on the south end of Tract A to Lot 1, west side of Lot 1 & Lot 9 the easement shall be 15 foot and the 15 foot easement shall be extended through Tract B. Robert Fleck moved to approve. Don Posselt seconded. Motion carried. CASE NUMBER: PF-1087 APPLICANT: Ed Orr PLANNER: Sheri Lockman LEGAL DESCRIPTION Lot B of RE-3181; Pt W2NW4 of Section 30, T6N, R66W of the 6'" P.M., Weld County, Colorado REQUEST: PUD Final Plan for nine (9) residential lots with Estate Zone Uses LOCATION: North of and adjacent to CR 62 Yz; approximately 1/4 mile east of CR 23 '/2. Sheri Lockman, Department of Planning Services, presented Case PF-1087. The utilities will be provided by North Weld Water District, septic systems, Atmos Energy, Excel Energy and Qwest. Don Carroll asked about outlot B. Mr. Casseday stated that was an open space buffer to the railroad. The applicant intends to landscape the area along with the extended easements for future uses. This easement request was made by North Weld County Water District. Mr. Carroll asked if there were any issues with the north lot line easement is it satisfactory within lots 5 &6. Mr. Posselt indicated the utilities will be coming in from the north. Mr. Casseday indicated there will be no structures in open space B. Sheri Lockman stated that between Lot 1 and outlot 1 as well as Lot 9 and Open Space A there is only a 10 foot easement. Mr. Carroll stated that 10 foot is narrow so the suggestion is 15 feet along the front. Mr. Casseday stated they could change it to 15 feet or put a 10 foot easement in the open space for a total of 20 feet. Mr. Carroll indicated another option would be to include a comment on the plat that some of the open space could be utilized as a utility easement. Mr. Posselt stated that the outlot with this note would allow for utility crossing at any location. A 10 foot easement would be better suited for the area. Sheri Lockman indicated a need to modify the easements to ensure the bus shelter is not located on the easement. Staff and the applicant are willing to address this. Don Carroll indicated the only modification is to adjust the 10 foot utility 15 foot along the south side of Lot 1 and Lot 9. 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Na l. c' Yn l� §na ~i£ A '-e a "c 0 1. i $7 I y_ r B i R _ -- a --_ — - --- pI € J >g e U as 7 1 Page 1 of 1 Sheri Lockman From: Bruce Barker Sent: Tuesday, March 14, 2006 2:12 PM To: Sheri Lockman Subject: Sage Hill Covenants Sheri: I am looking at the Sage Hill covenants. Do any of these include anything about the "right to farm?" That is on the checklist, but I do not know if it is something we need to follow up on. The provision is in the Code and therefore is covered. 03/17/2006 REFERRAL LIST Name: Terra Firma Ventures Case# PF-1093 County Towns & Cities Fire Districts --'z 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 —z Sheriffs Office _Eaton _Eaton F-4 — z Public Works _Erie _Fort Lupton F-5 _Housing Authority _Evans _Galeton F-6 _Airport Authority _Firestone _Hudson F-7 'z Building 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 4-Div. of Water Resources _Johnstown _Platte Valley F-14 _Geological Survey _Keenesburg z�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 _ &Gas Conservation Commission _Mead _Oil 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 _Greeley/West Greeley _Adams _Platte Valley _Boulder _West Adams Broomfield _Little Thompson — cLarimer Federal Government Agencies Other _US Army Corps of EngrsSchool District RE-4 _USDA-APHIS Vet Service _Central Colo. Water Conservancy Federal Aviation Admin (Structures _RR over 200 ft or w/in 20000 ft of Pub —'_c-Cactus Hill Ditch Company Airport _Art Elmquist (MUD Area)- Info Only _Federal Communications Comm z Anadarko (filesi" DEPARTMENT OF PLANNING SERVICES NORTH OFFICE 918 10TH Street GREELEY, CO 80631 Ing PHONE: (970) 353-6100, Ext. 3540 FAX: (970) 304-6498 e SO T W EST OFFICE COLORADO 4209 CR 24.5 LONGMONT, CO 80504 PHONE: (720) 652-4210, Ext. 8730 FAX: (720) 652-4211 February 14, 2006 Terra Firma Ventures do Timothy Halopoff 2819 Seccomb Street Fort Collins CO 80526 Subject: PF-1093- Request for approval of a Planned Unit Development Final Plan for 9 residential lots on a parcel of land described as Lot A of RE-3840; Pt NW4 of Section 5, T7N, R67W 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, March 16, 2006, at 10:00 a.m. This meeting will take place in the Hearing Room, Weld County Department of Planning, 918 101h Street, Greeley, Colorado. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the Severance Planning Commission for their review and comments. Please call Seveance at 970-686-1218, for information regarding the date, time and place of the meeting and the review process. It is recommended that you and/or a representative be in attendance at each of the meetings described above in order to answer any questions that might arise with respect to your application. If you have any questions concerning this matter, please feel free to call me. 74e1y,kman Planner Weld County Referral !HingC. COLORADO February 14, 2006 The Weld County Department of Planning Services has received the following item for review: Applicant Terra Firma Ventures Case Number PF-1093 Please Reply By March 15, 2006 Planner Sheri Lockman Project Planned Unit Development Final Plan for 9 residential lots Legal Lot A of RE-3840; Pt NW4 of Section 5, T7N, R67W of the 6th P.M., Weld County, Colorado. Location East of and adjacent to CR 15 and south of and adjacent to CR 86 Parcel Number 0705 05 200001 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) March 15, 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. ❑ See attached letter. rnmmpntc• Signature Date Agency +Weld County Planning Dept. +918 10th Street, Greeley,CO.80631 C•(970)353-6100 ext.3540 ❖(970)304-6498 fax AFFIDAVIT OF INTERESTECLLAND OWNERS Page 1 of 2 AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE Subject Parcel: 070505200001 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. S gnatur Date Property Owners Within 500 ft. of Parcel# 07050520000-1 PARCEL NAME MAILING-ADDRESS IDENTIFICATION # C/O CORPORATE TAX ANHEUSER-BUSCH INC DEPARTMENT 055532000047 ONE BUSCH PLACE ST LOUIS,MO 63118-1849 6776 COUNTY RD 86 CLARY JAMES K & 070506000040 FORT COLLINS,CO 80524 41764 COUNTY RD 15 DOYLE DAVID & 070505000013 FORT COLLINS,CO 80524 41686 WCR 15 FRENCH TERRY L & 070505000011 FORT COLLINS,CO 80524 7113 WELD CO RD 86 HEIRD JAMES C & 055532000032 FT COLLINS,CO 80524 2625 TERRY LAKE RD RAY DEBRA BRYANT 070505000009 FT COLLINS,CO 80524 41695 COUNTY RD 15 RUSSELL LYNN E & LINDA K 070506000024 FT COLLINS,CO 80521 5429 EAST CO RD 58 STONESTREET SONJA 055531000048 FORT COLLINS,CO 80524 http://maps.merrick.com/website/weld/setSgl.asp?cmd=buffer&PIN=070505200001&Par l=... 2/2/2006 AFFIDAVIT OF INTERESTFRLAND OWNERS Page 2 of 2 5429 E COUNTY RD 58 STONESTREET SONJA (2/3 UND INT) & 055531000047 FORT COLLINS,CO 80524 41580 COUNTY RD 15 ZION RICKEY L & 070505200002 FORT COLLINS,CO 80524 http://maps.merrick.com/website/weld/setSgl.asp?cmd=buffer&PIN=070505200001&Parl=... 2/2/2006 Weld County, Colorado e"... Page 1 of 3 Weld County, Colorado CD o m ®ta `m0 ( r .. u I''.. I --- i i I I" 4O I- --- 7� - E wNic.o.ry,c.a„d. - I IQ http://maps.merrick.com/servlet/com.esri.esrimap.Esrimap?ServiceName=weldovr&Form=... 2/2/2006 Weld County, Colorado n Page 2 of 3 Legend Hghlghted_Feature r'/4";: Selected_Features theBufted'olygons theBuferTarget StreelfRoad Name nCounty Border City Limits Rat Becloud N wo- n Elinxndctd oleono Earin epe Fri J Ft wow (�] Fredsn]t CzedaI C.sy Ej G1ra-e st D Greer Garet rMudw n sinsturn KeenestAirg VIKersey nto Sage u rave "%; LcrgnanS DMead Allakken DNew Rarme Natyasa n ►/ursi Aerce Ra'ewfe .`\\7. Se.Qame Thorntri 14 atdsv Parcels n Section Grid El Ott.Section Grid nTownship Pholagraphy(hgh Res.) Photography(low Res.) http://maps.merrick.com/servlet/com.esri.esrimap.Esrimap?ServiceName=weldovr&Form=... 2/2/2006 Weld County, Colorado "1"N Page 3 of 3 r70505200001 ERRA FIRMA VENTURES LLC O BOX 1245 otal Taxes: $358.64 mount Due: $35864 T COLLINS, CO 80522-1245 http://maps.merrick.com/servlet/com.esri.esrimap.Esrimap?ServiceName=weldovr&Form=... 2/2/2006 AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE Property Legal Description:_ 1-07- Aop R2c & cectrn_('n,A_eLe_ mss=z= RF-3,�vo _LE cntl--.2_ r 3t, 7.lo.li Al_ ,eEr•FP1i?�-AL> 3Z LYY1? B_EjtiS _ 4 pn�r Skd 1/40 nr Sec . Sys-____12 (_7_ht_or__Lnfs__Gar.tt__Oa1NSa.-ILL -iks nr S� t Of Ca. Parcel Number 07 O S - 0 5 - 2 - 0 0 - 0 0 I (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) STATE OF COLORADO ) ss. COUNTY OF WELD THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge, the attached list is a true and accurate 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. By: Title: LEAD P2=Secr EN GG,NICaft.--- The foregoing instrument was subscribed and sworn to me this 2 I\C" (' day of rk L_� Lw1_ ._ZA?lo W ITN ESS my hand and official seal. My Commission Expires: _ I -21 - ZW9_ a ' `r3?A!; N-�1 y' , Notary Public *• ©o® *_ • a �s•. tUB1AG :�O`C LIST OF MINERAL OWNERS AND MINERAL LESSEES (Terra Firma) Subject Property: Township 7 North, Range 67 West, 6th P.M., Weld County, CO Section 5: Lot A of Recorded Exemption 0705-05-2-RE3840, being a part of the NW% 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 March 10, 2005. A photocopy or facsimile of this list shall for all purposes be a valid as the original hereof. Dated this 281h day of March, 2005. CREWS & ZEREN iv") By: William G. Crews, CPL Certified Professional Landman #3477 Mineral Owners Mineral Leasehold Owners: Anadarko Land Corp. (none) Attn: Mgr. Property & ROW P.O. Box 9149 The Woodlands, TX 77387-9147 Anadarko E&P Company LP Attn: Manager Land, Western Division P.O. Box 9149 The Woodlands, TX 77387-9147 Crews eh'Zeren,EEC Mineral Title Services P.O. Box336337 (970)351-0733 Greeley, CO 80633-0606 Page 1 of 2 Fax(970)351-0867 • 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, LW ("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 ey Zeren,LLC MitieratTitle Services P.O. Box,336337 (970)351-0733 Greeley, CO 80633-0606 Page 2 of 2 Fax(970)351-0867 I EMIR 11111111111111111 lilt 111111 III 11111 M ill/ 3311505 08/09/2005 04:18P Weld County, CO 1 of 4 R 21.00 D 0.00 Steve Moreno Clerk & Recorder RELINQUISHMENT AND QUITCLAIM THIS RELINQUISHMENT AND QUITCLAIM effective this a / day of /L et , 2005, by and among ANADARKO LAND CORP., formerly known as RME Land Corp. and Union Pacific Land Resources Corporation, and ANADARKO E&P COMPANY LP, formerly known as RME Petroleum Company and Union Pacific Resources Company, both with an address of Post Office Box 1330, Houston, Texas 77251-1330 (hereinafter the "Anadarko Entities"), and TERRA FIRMA VENTURES, LLC with an address of Post Office Box 1245, Fort Collins, Colorado 80522-1245 (hereinafter "GRANTEE"). WITNESSETH: RECITALS 1. The lands which are the subject of this Relinquishment and Quitclaim are the lands that are described on attached Exhibit A and are hereinafter referred to as the "Subject Lands." 2. By deed dated October 25, 1906 recorded on November 3, 1906 in the Office of the Clerk and Recorder of Weld County in Book 233, Page 58, Union Pacific Railroad Company conveyed to Burton D. Sanborn certain real estate in Weld County, Colorado, a portion of which are the Subject Lands. Said deed was made subject to the reservation by the grantor of, among other things, "(a)11 coal and other minerals within or underlying said lands." 3. By quitclaim deed dated April 1, 1971 recorded on April 14, 1971 in the Office of the Clerk and Recorder of Weld County in Book 644, Reception No. 1565712, Union Pacific Railroad Company quitclaimed to Union Pacific Land Resources Corporation, all of its right, title, and interest in and to certain real estate in Weld County, Colorado, a portion of which was the Subject Lands. 4. This Relinquishment and Quitclaim relates to surface entry for all of the minerals, at including coal and other hard rock minerals and also oil, gas and associated liquid d hydrocarbons, that the Anadarko Entities own in the Subject Lands. The minerals are g hereinafter referred to as "Minerals." .(if c?) ,c N f.: tf C C d a " tl G '- F 1 08 J y o I- es — N 0 0 .¢ 3owO .111111 11111 11111 1111111111 1111 111111 1111111111111 III 3311505 08/09/2005 04:18P Weld County, CO 2 of 4 R 21.00 D 0.00 Steve Moreno Clerk& Recorder RELINQUISHMENT AND QUITCLAIM NOW THEREFORE, the Anadarko Entities for and in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration to them paid, the receipt of which is hereby acknowledged, have RELINQUISHED and forever QUITCLAIMED, and by these presents do RELINQUISH and forever QUITCLAIM unto GRANTEE, its grantees, successors and assigns, with respect to the Subject Lands only, the right to enter upon the surface of the Subject Lands to explore for and remove the Minerals by virtue of the reservation contained in the deed described in Recital 2, it being the intent hereof to relinquish only the right to enter upon the surface of the Subject Lands to explore for and remove the Minerals, and to leave in full force and effect all other rights reserved to Union Pacific Railroad Company in that deed, it being expressly understood that the title of the Anadarko Entities to the Minerals shall be in no way affected and that the Anadarko Entities and any lessee, licensee, successor or assign of either of them shall have the right to remove the Minerals from the Subject Lands by directional or horizontal drilling and by subterranean entries or by me-stns of operations conducted on the surface of other lands or otherwise by any means or methods suitable to the Anadarko Entities, their lessees, licensees, successors and assigns, but without entering upon or using the surface of the Subject Lands, and in such manner as not to damage the surface of the Subject Lands or to interfere with the use thereof by GRANTEE, its grantees, successors and assigns. This Relinquishment and Quitclaim is made subject to the specific understanding that all of the terms, conditions, provisions and reservations contained in the deed dated October 25, 1906 referenced in Recital 2 and not heretofore relinquished shall continue in full force and effect with respect to all lands conveyed thereby and not covered by this Relinquishment and Quitclaim, and it is further specifically understood that all the terms, conditions, provisions and reservations contained in that deed and not relinquished hereunder shall continue in full force and effect with respect to the Subject Lands. IN WITNESS WHEREOF, the Anadarko Entities have executed this Relinquishment and Quitclaim on the date set forth in the acknowledgment, to be effective on the date and year first written above. ANADARKO LAND CORP. By: n Name: James L. swoon) Its: Agent and Attorney-in-Fact '1 vit l ANADARKO E&P COMPANY LP IIt By: _ t Name: Ja s . Newcomo Its: Agent and Attorney-in-Fact �/y 2 G ?�� • I1111111111111111 lit 11111111111 till III 1111 ^ °1545 R 21 00 0D 0.00 :Steve Moreno Clerk I Recorder 111111111 STATE OF TEXAS ) ) ss. County of Montgomery ) The foregoing instrument was acknowledged before me this „27 day of Tu.f4 , 2005, by Jamt5 L/)Cuincrn.h , as ��,� / - for ANADARKO LAND CORP. Z y My Commission expires: rtunry I,02a34 ,a Witness my hand and official seal. < 6,i r' [ G LL6P EA;n ry / 4 a la v*PIt:E5 �. Notary Rublic STATE OF TEXAS ) ) ss. County of Montgomery ) The foregoing instrument was acknowledged before >me this 9 day of 1i tilt , 2005, by Tm/5 L 17- 'ttCcmth , asAq n Vt. ftflutrotg-ia- 1-Taal— for ANADARKO E&P COMPANY LP. My Commission expires: -j�pntaaty 702M Witness my hand and official seat 4..TaaaliCh �� xert Notary PLiblie 3 'a . 11111111111111111 IIIII 1111111 IIII 111111 III 11111 IIII IIII 3311505 08/09/2005 04:18P Weld County, CO 4 of 4 R 21.00 D 0.00 Steve Moreno Clerk & Recorder EXHIBIT A to Relinquishment and Quitclaim dated 'fs� a7 , 2005 mong Anadarko Land Corp., Anadarko E&P Company LP and Terra FirmaVentures, LLC Legal Description Lot A of Recorded Exemption No. 0705-05-2-RE-3840, recorded August 31, 2001 as Reception N .. 1214428, being a part of the Northwest Quarter of Section 5, Township 7 North, Range 67 West of the 6`h P.M., County of Weld, State of Colorado. also known by street and number as: vacant land 4 PLANNED UNIT DEVELOPMENT (PUD) FINAL PLAT AP ICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT#/AMOUNT #_ -_/$ CASE #ASSIGNED: APPLICATION RECEIVED BY ----_ PLANNER ASSIGNED: Parcel Number 6 7 p 5 - O 5 - Z - 0 0 - D 0 I (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 A Pcfcr(or( OF nit". f'L\.I /y or, Section .5 , Township 7 North, Range Col West Property Address(If Applicable)_14ISCo(o^ '1(885 SAGE HILL (ZoAPAcc6-5s Wclt IS _ Existing Zone District :_"Logg Proposed Zone District:SAnE Total Acreage: 3'O9 Proposed #/Lots 9 pub — Average Lot Size: 3.420 Minimum Lot Size: 3.005 Proposed Subdivision Name: SAUt 1-1ILt, Proposed Area (Acres) Open Space: /.5(5_ ACRIC5_ °F Pa.IvIN-PC T,cAci open( spAc£ . NC o,'�� S?.Ac&. RteJ i Rbt Are you applying for Conceptual or Specific Guide? Conceptual_ —__ Specific FEE OWNER(S) OF THE PROPERTY (If additional space is required,attach an additional sheet) Name: (Erz.2A h,,GmA 1/r.,l-wilts L.L.C _ Work Phone# `t7a215.5299 Home Phone#_]7u. ,;.7V 2't Email Address t-ln E9 gofc ® JAho° - Lb" Address: P.U. ( je i i c Fu,c r [.)LLi NS CO `.3 0822- (2,4 C TA'T1-A ! Tinto ftv( HA LQ fogy-- City/State/Zip Code Fo,cr Coll //)/5 / Ca loo S-ji - 17Y APPLICANT OR AUTHORIZED AGENT (See Below:Authorization must accompany applications signed by Authorized Agent) Name: 11.1 +t, J. I-4At.a FcrFr r P. MC4jR e) Work Phone# y7o.tirs-L59 Home Phone# (12o. zz3.7yzq Email Address thslo?offe) �.. L1oo,c+, Address: 253 t 9 SEccolN h S"rcGz."r City/State/Zip Code_ R0M_ CPC I. ENS_ 8os-2 G UTILITIES: Water: (4o,t� VJEtsa_C,ou,JTry Iste .n rDrs'rrtir Sewer: Roy c_o e,(_ SANr;A-n o,.) ,rs'n2,r -r -- Gas: x -, .-nNSc.ay --- Electric:_pouo,cr vALLE-1 �,n Phone: Otvas,- -- DISTRICTS: School: yur..o r„ roan sc 'n -� , r_n RE —s — -- Fire:Post: —SL.G r�o5'.na-r �Ee rn,C7— [ ----- ��l NL I(We)hereby depose and state under penalties of perjury that all statements,proposals,and/or plans submitted with or contained within the application are true and correct to the best of my(our)knowledge. Signatures of all fee owners of property must sign this application. If an Authorized Agent signs,a letter of authorization from all fee owners must be included with the application. If a corporation is the fee owner,notarized evidence must be included indicating the signatory has the legal authority to sign for the corporation. I(we),the undersigned, hereby request the Department of Planning Services to review this PUD Final Plat or request hearings before the Weld County Planning Commission and the Board of County Commissioners concerning the PUD Final Plat for the abovedescribed unincorporated area of Weld County, Colorado: 2A/0 6 San //0�o Signature: 0wner or Au riz Agent Date ignature: wn uthorized Agen t Date r. ,.y Tim Halopoff Terra Firma Ventures, LLC P.O. Box 1245 Fort Collins Colorado 80522-1245 February 6, 2006 Sheri Lockman Weld County Planning Department 918 10th Street Greeley, CO 80631 RE: Sage Hill PUD Final Plan Compliance Statement Dear Ms. Lockman, As you know, the intention of Sage Hill was to create nine estate lots of three to five acres each with homes ranging in price from $600,000 to $1,000,000. Each lot will be allowed one outbuilding and a restricted number of horses consistent with the rural environment and the surrounding properties in the area. All homes in the subdivision will have to comply with strict Home Owner's Association covenants and Design Guidelines (copies of which are included with this submittal). Furthermore, all requirements set forth in the Change of Zone resolution (PZ#1093) as well as the Development Guide have been properly addressed as follows: A. ENVIRONMENTAL IMPACTS 1. Noise and Vibration: There will be no Industrial, Agricultural or Commercial activities allowed on this property, therefore, the noise decibels exuded from this subdivision would be similar to that of any Estate Residence community. The noise and vibration levels are negligible. 2. Smoke, Dust and Odors: The CC&R's for Sage Hill prohibit burning of any kind as a source for disposal and/or clearing of brush and weeks. This will largely eliminate smoke from the subdivision. The existing irrigation will remain in use as a means of flood irrigating each individual property. This system allows for dust reduction by promoting ground cover and foliage. The subdivision has a paved road with gravel shoulders, which will further enhance dust control. .-, n The CC&R's provide guidelines that require and monitor horse living areas to ensure that maintenance and sanitary practices are regularly in use. Sage Hill will be serviced by a single solid waste disposal company which will remove household garbage from individual property. 3. Heat, Light and Glare: Heat, Light and Glare will not be an issue to neighboring properties because of the rural nature of this development. There are no streetlights to illuminate the night sky. CC&R's control the lighting that is allowed on the outside of homes and on the property. 4. Visual/Asthetic Impacts: Sage Hill has protective covenants which minimize adverse visual impacts while increasing the aesthetic value of the general area. The covenants govern building heights, building materials, exterior colors and structure placement. Attractive landscaping and groundcover will compliment the estates as well as the entry features and detention pond area. Homes will be strategically placed to create view corridors that will facilitate an open airy feeling for both the estate owners and surrounding property owners. All improvements compliment and follow the existing grade contours so as not to disturb the hillside. 5. Electrical Interference: There are no facilities added to this subdivision that will add electrical disturbances or create electrical interference of any kind. Existing facilities will serve the subdivision, thereby requiring no change to the existing electrical infrastructure. CC&R's limit antenna and satellite dish location and height. 6. Water Pollution: A detention pond will cleanse the storm water by allowing time for the sediment to settle and decreasing the peak flow rates during storm events. 7. Wastewater Disposal: Wastewater generated from each individual residence will be treated and maintained on each lot via the use of the Individual Sewage Disposal Systems (ISDS). Boxelder Sanitation District and Weld County both approved of the use of these clean and efficient systems. All such units will comply with the requirements set forth by the Weld County Health Department guidelines and regulations. 8. Wetland Removal: There are no wetland areas existing on this property therefore this does not apply. 9. Erosion and Sediment: Historically, this site has been free of any dramatic erosion or sedimentation due to the moderate levels of natural groundcover growth onsite and the gradual existing grades. There is currently no evidence of erosion or sedimentation occurring. A specific erosion control and landscape plan has been prepared for this project that will ensure the stability of the land. 10. Excavating, Filling and Grading: No overlot or mass grading is performed on this project. The disruption of this site is minimal and is limited to road grading and ditch installation. Following utility installation, an at grade road is being constructed and paved, which will eliminate any signs of grading. Individual homebuilders will construct and clean onsite as required by State Storm Water Management Plan Permits. Impacts caused by site construction is negligible. 11. Drilling, Ditching and Dredging: There will be no drilling, ditching or dredging necessary to complete the construction of this development. 12. Air Pollution: The Home Owners Association limits and restricts the operation of gross pollution machines and vehicles. There are an estimated 86 vehicle trips per day produced by this subdivision. The amount of air pollution generated by this subdivision is extremely low and will not impact the environment and neighboring homeowners at noticeable and measurable levels. 13. Solid waste: The Home Owners Association requires that the solid waste be removed from the site by a single commercial waste hauler thereby limiting the amount of truck traffic into and from the neighborhood. 14. Wildlife Removal: This site has historically been used for dairy farming and has been maintained as needed by tractor equipment. Neither does there exist nor has existed any wildlife habitat on this site. Most migrating birds and herds travel along the ridge to the east where the land has been covered by open space and natural wildlife easements. 15. Natural Vegetation Removal: The natural vegetation on this property is of poor quality and mainly consists of sparse dryland wheat and weeds. Mowing currently controls the natural vegetation. When the road, entrance feature and detention pond are constructed, great care will be given to landscaping to ensure the reintroduction of natural and native vegetation. Upon individual lot building, landscaping and revegetaion will meet or exceed the current plant and groundcover quality. 16. Radiation/Radioactive Material: The geological hazards report for Sage Hill indicates that there is no radioactive substructure or material located beneath or on this site. Additionally, no radioactive materials will be allowed to exist or be stored on site. 17. Drinking Water Sources: A potable water system is being provided for this subdivision by the North Weld County Water District. Delivery of this water is currently available and is provided by an eight-inch water line in WCR 15. A six-inch or eight-inch water line is being built under the proposed Sage Hill Road cul-de-sac with (9) water tap services that extend to the individual estate lots. 18. Traffic Impacts: Weld County Public Works estimates that the (9) residential estate lots will add 86 trips per day to the surrounding transportation infrastructure. This impact will have an insignificant impact on the existing roadways in the area. The proposed cul-de-sac for the subdivision will be a paved local street and will connect to WCR 15. B. SERVICE PROVISION IMPACTS 1. Schools: School services for Sage Hill is provided by Weld County RE-4 School District, which is based in Windsor, Colorado. An agreement has been created that establishes an impact fee of $10,931.13 for the (9) lot additions. The district has also approved the school bus pick-up/drop-off entrance median and pedestrian shelter. This entrance median eliminates the need for a bus turnout on WCR 15. 2. Law Enforcement: Law enforcement shall be provided by the Weld County Sheriffs Department. The Sheriffs Department has reviewed the sketch plan submittal package and is supportive of the Sage Hill Homeowners Association that will provide contact information and support to the Department. The subdivision includes amenities that addressed their concerns about subdivision signage, street addressing and accessibility maintenance. The Sheriffs Department has approved the pedestrian shelter, mailbox and signage locations, since the U.S. Postal service and School District RE-4 has already approved those amenities. 3. Fire Protection: Fire protection shall be provided by Poudre Fire Authority. Fire hydrant spacing and locations, roadways, turnarounds and signage have been provided on the plans as required by Poudre fire Authority. 4. Ambulance: Ambulance services shall be provided by the Northern Colorado Ambulance Service. 5. Transportation: Regional transportation for Sage Hill is provided by WCR 15 and cross streets WCR 84 and 86. WCR 84 and 15 are 24' fully paved street sections and WCR 86 is a 24' graded and partially paved street section. WCR 84 and 15 exist within a 60' Right of Way. WCR 86 had no Right of Way dedicated to the north of this property and is currently not maintained by the Weld County Public Works Department. The Final Plat for Sage Hill has dedicated 30' of Right of Way, which will provide for half of the total section. The proposed Sage Hill Road cul-de-sac shall be a 24' paved street section complete with 4' gravel shoulders and borrow ditch on both sides. Sage Hill Road shall tie into WCR 15. 6. Traffic Impact Study: A traffic impact study was not required by the Weld County Public Works Department because of the minimal impact that this subdivision will have on the existing transportation corridors. 7. Storm Drainage: All storm drain patterns has been maintained by the system installed on site. All flows will drain west as they do riN historically, and will be directed to a detention pond that will reduce the 5 and 100-year storm events to existing rates before discharging the flow to the existing 12" storm pipe that runs west under WCR 15. The detention pond will settle suspended solids and reduce direct storm flow, thereby improving the quality of runoff. 8. Utility Provisions: All of the jurisdictional utility service providers have been contacted and have approved Sage Hill Estates for service by an actual Line Extension Service Contracts. The jurisdictions have verified that the current systems have ample sizing to accommodate this subdivision. 9. Water Provisions: Water service will be provided by the North Weld County Water District. A Water Line Extension Agreement has been provided by Alan Overton that states that (9) taps are available and that potable water service will be provided by the district via an extended water line under the proposed Sage Hill Road. 10. Sewage Disposal Provision: Boxelder Sanitation District has approved the use of Individual Sewage Disposal Systems (ISDS) for this subdivision. Percolation tests have been performed by Earth Engineering Consultants (EEC) and have proven that the soils are suitable for an ISDS on all lots. The Weld County Dept. of Health and Environment has concluded that secondary septic envelopes are unnecessary due to the large lot sizes. Each lot will require site- specific Testing. 11. Structural Road Improvements: All adjacent roadways currently meet or exceed the structural capacity and conditions needed to serve this subdivision. The proposed Sage Hill Road will have a final geotechnical report developed prior to approval of the final roadway section. The section will meet or exceed the typical section specified by the Department of Public Works and Chapter 24 of the Weld County Code. C. LANDSCAPING ELEMENTS Landscaping for Sage Hill consists of the following elements: 1. Landscape Plans: An approved landscape plan has been generated that clearly represents all of the common space structures and foliage that will include but not be limited to fencing, streetscape, detention pond planting and re-vegetation. The plan has been prepared in accordance with Section 27-9-30 of this document. 2. Perimeter Treatment and Buffering: Sage Hill is complimented with several aesthetic appurtenances that adds delineation and structure to this subdivision. Slight berming and split rail fences will be placed around the perimeter of the tract, mainly where the subdivision is adjacent to public roadways. Ground cover and landscaping has been provided in and around the entrance features and detention pond. No mineral or gas wells or mines is allowed on-site, thereby removing the need to buffer or hide any unsightly elements. Setback easements for structures have been established to buffer the homes from roadways and pedestrians. 3&4. Maintenance: Maintenance for all improvements within common space areas shall be maintained by the Home Owners Association that has been established. The Home Owners Association will maintain the borrow ditches, roadway, detention pond and entrance median. All individual lot owners shall maintain all portions of their respective properties. 5. Irrigation Water: An irrigation system has been provided to allow individual lots to irrigate from the North Poudre Irrigation Company ditch if they so choose. D. SITE DESIGN 1. Unique Features: The Cactus Hill Lateral Irrigation Ditch is centered on the eastern property line of Sage Hill. We have contacted the North Poudre Irrigation Company and provided them a 25' easement and re- recorded the centerline of the ditch. This ditch can and will irrigate the lots of this subdivision, provided that each individual lot owner wants a share in irrigation water. The ditch provides a buffer between Sage Hill and the natural open space to the east. 2. Ch. 22 Consistency: Sage Hill and the plans and documents submitted for P.U.D. review are thoroughly consistent with the goals and policies of Chapter 22. 3&4. PUD Zone Compatibility: Sage Hill has been approved with Estate Zoning. The property, site location and neighboring properties all clearly confirm that this project is duly compatible with P.U.D. Zoning. The adjacent properties are residential parcels with similar density and agricultural in nature. The subdivision blends well with the existing uses. 5. Hazard Areas: This project does not lie within a Flood Hazard, Geological Hazard or Airport Overlay District. E. COMMON OPEN SPACE USAGE 1. Common Open Space: Due to the location of this P.U.D. and its proximity to another residential subdivision, no common open space has been required or provided. 2. Home Owners Assn: Membership, rules and responsibilities of the Home Owners Association and its members have been executed in strict compliance with this code. F. SIGNAGE 1. On-Site Signage: Traffic control signs and street information signs will be installed at the intersection of WCR 15 and proposed Sage Hill Road. Subdivision identification signage will also be located in the median of the road. G. M.U.D. IMPACT 1. M.U.D. Area: This project is not located within an M.U.D. area. H. INTERGOVERNMENTAL AGREEMENTS IMPACT 1. I.A.I. Impact: This project is not located within an area governed by intergovernmental agreements. We are confident that you will find this PUD to meet or exceed all of the standards set forth by the governing jurisdictions involved in this property. We thank everyone involved and look forward to receiving approval soon. Thank you, /479# Tim Halopoff Managing Member Terra Firma Ventures, LLC WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Department of Public Works 111 H Street, P.O. Box 758, Greeley, Colorado 80632 Phone: (970 )356-4000, Ext. 3750 Fax: (970) 304-6497 Road File #:_ Date: RE # : _ Other Case#: _ 1. Applicant Name TERRA FIL.MA Vend TU2ES LLC. Phone 47O. 215. 5 L41 Address P.o. sox Figs" City /=o,tr cot...Li/4s. State co Zip su$'LL-lief n 2. Address or Location of Access 571. 55 So u TH n o^1 of W cR 15 d W CK BC, Section NW 5 Township 1 N Range (.7 vJ Subdivision Norge Block None Lot RE-38yo LorA Weld County Road #: /5 Side of Road EAsr Distance from nearest intersection 571. 55- 3. Is there an existing access(es) to the property? Yes I No # of Accesses Z 4. Proposed Use: ❑ Permanent ❑ Residential/Agricultural 0 Industrial ❑ Temporary Subdivision 0 Commercial 0 Other 5. Site Sketch Legend for Access Description: 'Q AG = AgriculturalL_ tj I RES = Residential WC* 6V O&G = Oil&Gas D.R. = Ditch Road ( •�� O House = Shed 1 $ rAMS LATttAL A = Proposed Access Q A = Existing Access NT 4 PAotostco SA Gia 140-1 N OFFICE USE ONLY: Road ADT Date Accidents Date Road ADT Date Accidents Date Drainage Requirement Culvert Size Length Special Conditions ❑ Installation Authorized ❑ Information Insufficient Reviewed By: Title: -17- SEP-14-2005 WED 07:07 AM CFC-ENG, FAX NO. 97.22216378 P. 02 MT 09/09/05 09:34 FAX Zoo2 SAGE HILL ESTATES (formerly EAGLE RIDGE ESTATES) Developer: Terra Firma Ventures lk Planner: Sheri Lockman Case # PZ-1093 (Change of Zone from Ag to PUD) PT NW4 5-7-67 ZONED PUD/ESTATE IS NOT IN FLOOD PLAIN (0465D) NORTH WELD COUNTY WATER DISTRICT BOXELDER SANITATION DISTRICT XCEL ENERGY POUDRE VALLEY REA QWEST WELD COUNTY SD RE-4 POUDRE FIRE AUTHORITY FT COLLINS PC) 9 RESIDENTIAL LOTS REVISED PRELIMINARY ADDRESSING r4, Lot 1 41880 Sage Hill Road Lot 2 41876 Sage Hill Road 4 , , Lot 3 41872 Sage Hill Road Lot 4 41866 Sage Hill Road O�J Lot 5 41869 Sage Hill Road J I 1)\ •Lot 6 41873 Sage Hill Road Lot 7 41877 Sage Hill Road Lot 8 41881 Sage Hill Road Lot 9 41885 Sage Hill Road Un Dodge, Building Technician Buildin Department 918 10"Street Greeley CO 80631 Phone: (970)353-6100, extension 3574 Fax: (970)304-6498 7/19/05 revised 9/9/05 QOOIfg Van .1ckern c Cuypers LLT ATTORNEYS AT LAW CENTRE FOR ADVANCED TECHNOLOGY KENNETH C. WOLFE 1008 CENTREA VENUE CHERYL LEE VAN ACKERN FORT COLLINS, COLORADO 80526 CHARLES J. CUYPERS February 7, 2006 Sheri Lockman Weld County Department of Planning Services 918 — 10th Street Greeley, Colorado 80631 Re: Terra Firma Ventures, LLC Title Opinion Dear Ms. Lockman: I have acted as counsel to Terra Firma Ventures,LLC, a Colorado limited liability company, (the "Developer"), with respect to the real property located in Weld County Colorado that is more particularly described as Lot A, Recorded Exemption No. 0705-5-2 RE 3840 recorded on August 31, 2004 as Reception No. 3214428, being a part of the Northwest One- Quarter of Section 5, Township 7 North, Range 67 West of the 6th PM, County of Weld, State of Colorado. In rendering the opinions set forth herein, I have examined certain recorded documents, original or copies, certified or otherwise,by which the Developer acquired the above described real property and the Articles of Organization and Operating Agreement for the limited liability company of the Developer, and such other documents, certificates and other records as I have deemed necessary or appropriate as a basis for the opinions set forth herein. In my examination, I have assumed the genuineness of all signatures, the conformity of copies of the documents submitted to me, and the authenticity of such documents. As to any facts material to this opinion that I did not independently establish or verify, I have relied upon oral or written statements and representations of the managers of the Borrower. I am admitted to the practice of law in the State of Colorado and I express no opinion as to the laws of any other jurisdiction other than the laws of the United States of America to the extent referred to specifically herein. Based upon and subject to the foregoing, and the qualifications,limitations and exceptions set forth below, I am of the opinion that: 1. The Developer, Terra Firma Ventures LLC, is a limited liability company, duly organized, validly existing, and in good standing under the laws of the state of Colorado. TELEPHONE 970 493-8787 FAX 970 493-8788 OFFICE@ WVC-LAW.COM February 7, 2006 Page 2 2. The Developer has all requisite power to execute, deliver, and perform its obligations under the documents relating to the acquisition of the above-described real property. 3. The Developer owns the above described property in fee simple by virtue of the Warranty Deed from Dyecrest Dairy Limited Liability Company, a Colorado limited liability company, as Grantor, to Terra Firma Ventures, LLC, a Colorado limited liability company, Grantee, dated June 15m 2005 and recorded in the office of the clerk and recorder for Weld County, Colorado on June 20, 2005 at Reception No. 3295892. 4. To my knowledge, there are no material legal actions or proceedings pending or threatened against or with reference to the Developer, the Property, or any of the members of the Developer, as applicable, before any court, quasi-judicial or administrative body or regulatory agency. 5. The execution and delivery of the Final Plat, Development Agreement, Declaration of Covenants, Conditions and Restrictions and related documents by Developer does not violate, conflict with, result in a breach of or default under any applicable statute, regulation, rule, order, or other legal requirement applicable to Developer or any agreement by which Developer is bound. 6. The title of Terra Firma Ventures, LLC, in the above-described real property is subject to the following: a. Rights or claims of parties in possession not shown by the public records. b. Easements, or claims of easements, not shown by the public records. c. Discrepancies, conflicts in boundary lines, shortage in area, encroachments and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. d. 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. e. Taxes for the year 2005, and subsequent years only, not yet due and payable. f. Rights of way, whether in fee or easement only, for county roads 30 feet wide on each side of section and township lines as established by Order of the Board of County Commissioners for Weld County,recorded October 14, 1889 in Book 86 at Page 273. g. Reservations by the Union Pacific Railroad Company of(1) all coal and other minerals underlying subject property, (2) the exclusive right to prospect for, mine and remove coal and other minerals, and (3) the right of ingress and egress and regress to prospect for,mine and remove coal and other minerals, all as contained in Deed recorded November 3, 1906 in Book 233 at Page 58, and any interests therein or rights thereunder; subject to the Relinquishment and Quitclaim from Anadarko Land Corp., formerly known February 7, 2006 Page 3 as RME Land Corp. and Union Pacific Land Recourses Corporation and Anadarko E&P Company LP, formerly known as RME Petroleum Company and Union Pacific Resources Company, Grantor, and Terra Firma Ventures LLC, Grantee, dated July 27, 2005 and recorded in the office of the clerk and recorder for Weld County, Colorado on August 9, 2005 at Reception No. 3311505. h. Right of way, whether in fee or easement only, for ditch, granted to Bruce Hamilton by Burton D. Sanborn by instrument recorded January 15, 1909 in Book 270 at Page 13, in which the specific location of the easement is not defined. i. Cactus Hill Ditch Extension of Cowan Ditch No. 1, and any and all rights of way therefore, as evidenced by Map and Statement filed September 28, 1907 as Reception No. 122760, in which the specific location is not defined. j. Right of way, whether in fee or easement only, for electric line or system and appurtenances, granted to Poudre Valley Rural Electric Association by Richard D. Schild and Dorothy J. Schild by instrument recorded September 14, 1978 in Book 845 as Reception No. 1766568, in which the specific location of the easement is not defined. k. Matters as shown in Land Survey Plat recorded August 10, 1999 as Reception No. 2713134. 1. Terms, agreements, provisions, conditions, obligations and easements as contained in Use by USR No. 1289 recorded August 22, 2001 as Reception No. 2876924. m. Request for Notification of Surface Development recorded May 28, 2002 as Reception No. 2954952. n. Terms, agreements, provisions, conditions, obligations and easements as contained in Recorded Exemption No. 0705-05-2-RE-3840,recorded August 31, 2004 as Reception No. 3214428. o. Any question, dispute or adverse claims as to any loss or gain of land as a result of any change in the river bed location by other than natural causes, or alteration through accretion, reliction, erosion or avulsion of the center thread, bank, channel or flow of waters in the Cactus Hill Ditch lying within subject Land; and any question as to the location of such center thread,bed,bank or channel as a legal description monument or marker for purposes of describing or locating subject lands. NOTE: There are no documents in the land records of the office of the Clerk and Recorder of Weld County, accurately locating past or present location(s) of the center thread, bank, bed or channel of the above ditch or indicating any alterations of the same as from time to time may have occurred. February 7, 2006 Page 4 p. Matters of Survey including but not limited to Notes and Areas of Concern as shown in ALTA/ACSM Land Title Survey dated April 27, 2005 under Job No. 39450.00 q. Deed of Trust from Terra Firma Ventures, LLC, a Colorado limited liability company to the Public Trustee of the County of Weld for the use of Home State Bank to secure $165,900.00, dated June 15, 2005 and recorded June 20, 2005 at Reception No. 3295893. r. Easement and Right of Way Agreement between Terra Firma Ventures. LLC, Grantor, and The North Poudre Irrigation Company, Grantee, dated September 2005 and recorded in the office of the clerk and recorder for Weld County, Colorado on October 4, 2005 at Reception No. 3328615. The opinion set forth above is subject to the following qualifications: a. This opinion is issued solely for the benefit of Weld County, State of Colorado. b. This opinion is provided as a legal opinion only and not as guaranty or warranty of the matters discussed herein. c. As to matters of fact material to this opinion, I have relied, after due inquiry, upon the public records of Weld County and the State of Colorado, as well as matters of which this writer has personal knowledge. I have no actual knowledge or reason to believe any the documents on which this opinion is based are untrue or incomplete in any material respect. This opinion may not be relied upon for any other purpose and is not to be used, circulated, quoted or relied upon by any other person, firm or entity for any purpose without my prior express written consent. Sincerely yours, Charles J. Cuypers CJC:dr 1. Li LandAmerica File No.: TNW50000153 • Transnation Issued by OWNER'S POLICY OF TITLE INSURANCE Transnation Title Insurance Company SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, Transnation Title Insurance Company, an Arizona corporation, herein called the Company, Insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or Incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect In or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. IN WITNESS WHEREOF, Transnation Title Insurance Company has caused its corporate name and seal to be hereunto affixed by Its duly authorized officers,the Policy to become valid when countersigned by an authorized officer or agent of the Company. i� Transnation Title Insurance A� Company Attest: ��\\i IIISb�, By: /^^.r,z s's,.� 4 c.n rh 4 op:aroel4g o • = President Secretary SIFT I{,1112 ale ♦ s 421200 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law,ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances,or regulations)restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii)a separation in ownership or a change In the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded In the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens,encumbrances, adverse claims or other matters: (a) created,suffered,assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded In the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the Insured claimant became an insured under this policy; (c) resulting in no loss or damage to the Insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained If the Insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the insured the estate or Interest insured by this policy,by reason of the operation of federal bankruptcy,state Insolvency,or similar creditors' rights laws,that is based on: (a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (b) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (I) to timely record the instrument of transfer; or (ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. ALTA Owner's Policy 1992 (Revised 10/17/92) Page 1 of 4 - CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS. opinion may be necessary or desirable to establish the title to the estate The following terms when used in this policy mean: or Interest, as insured, or to prevent or reduce loss or damage to the (a) "insured": the insured named in Schedule A, and, subject to any Insured. The Company may take any appropriate action under the terms rights or defenses the Company would have had against the named of this policy, whether or not It shall be liable hereunder, and shall not Insured, those who succeed to the interest of the named insured by thereby concede liability or waive any provision of this policy. If the operation of law as distinguished from purchase Including, but not limited Company shall exercise Its rights under this paragraph, It shall do so to, heirs,distributees,devisees, survivors,personal representatives, next diligently. of kin, or corporate or fiduciary successors. (c) Whenever the Company shall have brought an action or (b) "Insured claimant": an insured claiming loss or damage. interposed a defense as required or permitted by the provisions of this (c) "knowledge" or "known": actual knowledge, not constructive policy,the Company may pursue any litigation to final determination by a knowledge or notice which may be Imputed to an insured by reason of court of competent jurisdiction and expressly reserves the right, In its the public records as defined In this policy or any other records which sole discretion,to appeal from any adverse judgment or order. impart constructive notice of matters affecting the land. (d) In all cases where this policy permits or requires the Company (d) "land": the land described or referred to In Schedule A, and to prosecute or provide for the defense of any action or proceeding, the improvements affixed thereto which by law constitute real property. The insured shall secure to the Company the right to so prosecute or provide term "land" does not include any property beyond the lines of the area defense in the action or proceeding, and all appeals therein, and permit described or referred to in Schedule A, nor any right, title, interest, the Company to use, at Its option, the name of the Insured for this estate or easement in abutting streets, roads, avenues, alleys, lanes, purpose. Whenever requested by the Company, the insured, at the ways or waterways, but nothing herein shall modify or limit the extent to Company's expense, shall give the Company all reasonable aid (i) in any which a right of access to and from the land is Insured by this policy. action or proceeding, securing evidence, obtaining witnesses, prosecuting (e) "mortgage": mortgage, deed of trust, trust deed, or other or defending the action or proceeding, or effecting settlement, and (ii)In security Instrument. any other lawful act which in the opinion of the Company may be (f) "public records": records established under state statutes at necessary or desirable to establish the title to the estate or Interest as Date of Policy for the purpose of imparting constructive notice of matters Insured. If the Company is prejudiced by the failure of the insured to relating to real property to purchasers for value and without knowledge. furnish the required cooperation, the Company's obligations to the With respect to Section 1(a)(iv)of the Exclusions From Coverage, "public insured under the policy shall terminate, including any liability or records" shall also Include environmental protection liens filed in the obligation to defend, prosecute, or continue any litigation,with regard to - records of the clerk of the United States district court for the district in the matter or matters requiring such cooperation. which the land is located. (g) "unmarketability of the title": an alleged or apparent matter 5. PROOF OF LOSS OR DAMAGE. affecting the title to the land, not excluded or excepted from coverage, In addition to and after the notices required under Section 3 of these which would entitle a purchaser of the estate or Interest described in Conditions and Stipulations have been provided the Company, a proof of Schedule A to be released from the obligation to purchase by virtue of a loss or damage signed and sworn to by the insured claimant shall be contractual condition requiring the delivery of marketable title. furnished to the Company within 90 days after the insured claimant shall ascertain the facts giving rise to the loss or damage. The proof of loss or 2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF damage shall describe the defect in, or lien or encumbrance on the title, TITLE. or other matter insured against by this policy which constitutes the basis The coverage of this policy shall continue in force as of Date of Policy of loss or damage and shall state, to the extent possible, the basis of In favor of an insured only so long as the Insured retains an estate or calculating the amount of the loss or damage. If the Company is interest in the land, or holds an indebtedness secured by a purchase prejudiced by the failure of the insured claimant to provide the required money mortgage given by a purchaser from the insured, or only so long proof of loss or damage, the Company's obligations to the insured under as the Insured shall have liability by reason of covenants of warranty the policy shall terminate, including any liability or obligation to defend, made by the insured in any transfer or conveyance of the estate or prosecute, or continue any litigation, with regard to the matter or interest. This policy shall not continue in force in favor of any purchaser matters requiring such proof of loss or damage. from the insured of either (i) an estate or interest in the land, or (ii) an In addition, the Insured claimant may reasonably be required to Indebtedness secured by a purchase money mortgage given to the submit to examination under oath by any authorized representative of insured. the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT. The insured shall notify the Company promptly in writing(I)in case of authorized representative nce of the Company,memoranda, all whether records, books, ledgers, any litigation as set forth In Section 4(a) below, (II) in case knowledge checks, te of correspondence and lypertain bearingloss a date rd mage. shall come to an insured hereunder of any claim of title or interest which Furor after Date of Policy, which reasonably pertain to the or oamany, is adverse to the title to the estate or interest, as insured, and which the insured ns, if requested by any grant norits permission,son of the Company, might cause loss or damage for which the Company may be liable by the claimant shall its am in writing, for any virtue of this policy, or(Hi)If title to the estate or interest, as Insured, is all r authorized representative ledgers, the Company to examine,and memoranda e and n rejected as unmarketable. If prompt notice shall not be given to the all records, books, checks,iparty,correspondence hich reasonably in Company, then as to the insured all liability of the Company shall the custody d or control Information of a third which pertain s the terminate with regard to the matter or matters for which prompt notice is loss damage. All eComny designated pursuant confidential Section i the Insured be required; provided, however, that failure to notify the Company shall in claimantd provothers ided unless,the Company reasonable to this t of shall m not be no case prejudice the rights of any insured under this policy unless the necesssedary ro int in the rho the cl judgment op the Company, it Company shall be prejudiced by the failure and then only to the extent of is necessary in the administration n, i of the cinsur Unless prohibited ntto bysubmit law the prejudice. examinationr governmental regulation, failure of the insured claimant for under oath, produce other reasonably requested Information 4. DEFENSE AND PRESECUTION OF ACTIONS; or grant permission to secure reasonably necessary information from DUTY OF INSURED CLAIMANT TO COOPERATE. third parties as required In this paragraph shall terminate any liability of (a) Upon written request by the insured and subject to the the Company under this policy as to that claim. options contained in Section 6 of these Conditions and Stipulations, the 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; Company, at Its own cost and without unreasonable delay, shall provide TERMINATION OF LIABILITY. for the defense of an insured in litigation in which any third party asserts a claim adverse to the title or interest as insured, but only as to those In case ofadditional claim options:nser this policy, the Company shall have the stated causes by action alleging a defect, lien or encumbrance or other (afollowing Payor TenderP matter insured against by this policy. The Company shall have the right To payT Pay Payment the the Amountsu Insurance. to select counsel of its choice(subject to the right of the insured to object To or tender payment amount of insurance under this for reasonable cause)to represent the Insured as to those stated causes policy together with any costs, attorneys' fees and expenses incurred by of action and shall not be liable for and will not pay the fees of any other tithe Insuored ptl merit or which were authorized tl by which Company, up to is counsel. The Company will not pay any fees, costs or expenses incurred one to payment or tender of payment and which the Company is by the insured in the defense of those causes of action which allege obligated to pay. matters not Insured by this policy. Upon the exercise rbye the Company of ,his option, all liability and (b) The Company shall have the right,at its own cost, to institute obligations to the insured under this policy, other than to make the and prosecute any action or proceeding or to do any other act which In its payment required, shall terminate, including any liability or obligation to Continued on next page of cover sheet defend, prosecute, or continue any litigation, and the policy shall be competent jurisdiction, and disposition of all appeals therefrom, adverse surrendered to the Company for cancellation. to the title as Insured. (b) To Pay or Otherwise Settle With Parties Other than the (c) The Company shall not be liable for loss or damage to any Insured or With the Insured Claimant. insured for liability voluntarily assumed by the Insured in settling any (i) to pay or otherwise settle with other parties for or in claim or suit without the prior written consent of the Company. the name of an insured claimant any claim insured against under this 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION policy, together with any costs, attorneys'fees and expenses Incurred by OF LIABILITY. the insured claimant which were authorized by the Company up to time All payments under this policy, except payments made for costs, of payment and which the Company is obligated to pay; or attorneys' fees and expenses, shall reduce the amount of the insurance (ii) to pay or otherwise settle with the insured claimant pro tanto. the loss or damage provided for under this policy, together with any 11. LIABILITY NONCUMULATIVE. costs, attorneys' fees and expenses incurred by the insured claimant It is expressly understood that the amount of insurance under this which were authorized by the Company up to the time of payment and which the Company is obligated to pay. policy shall be reduced by any amount the Company may pay under any Upon the exercise by the Company of either of the options provided policy insuring a mortgage to which exception is taken in Schedule B or to for in paragraphs (b)(i) or (ii), the Company's obligations to the insured which the insured has agreed, assumed, or taken subject, or which is under this policy for the claimed loss or damage, other than the hereafter executed by an Insured and which is a charge or lien on the payments required to be made, shall terminate, including any liability or estate or interest described or referred to in Schedule A, and the amount obligation to defend, prosecute or continue any litigation. so paid shall be deemed a payment under this policy to the insured owner. 7. DETERMINATION,EXTENT OF LIABILITY AND COINSURANCE. 12. PAYMENT OF LOSS. This policy is a contract of Indemnity against actual monetary loss or (a) No payment shall be made without producing this policy for damage sustained or incurred by the insured claimant who has suffered endorsement of the payment unless the policy has been lost or destroyed, loss or damage by reason of matters insured against by this policy and in which case proof of loss or destruction shall be furnished to the - only to the extent herein describe. satisfaction of the Company. (a) The liability of the Company under this policy shall not exceed (b) When liability and the extent of loss or damage has been the least of: definitely fixed in accordance with these Conditions and Stipulations, the (i) the Amount of Insurance stated In Schedule A; or, loss or damage shall be payable within 30 days thereafter. (ii) the difference between the value of the insured 13. SUBROGATION UPON PAYMENT OR SETTLEMENT. estate or interest as insured and the value of the Insured estate or (a) The Company's Right of Subrogation. Interest subject to the defect, lien or encumbrance insured against by Whenever the Company shall have settled and paid a claim under this this policy. policy,all right of subrogation shall vest in the Company unaffected by any (b) In the event the Amount of Insurance stated in Schedule A at the act of the insured claimant. Date of Policy is less than 80 percent of the value of the insured estate or The Company shall be subrogated to and be entitled to all rights and interest or the full consideration paid for the land, whichever is less, or if remedies which the insured claimant would have had against any person subsequent to the Date of Policy an improvement is erected on the land or property in respect to the claim had this policy not been issued. If which Increases the value of the insured estate or Interest by at least 20 requested by the Company, the insured claimant shall transfer to the percent over the Amount of Insurance stated In Schedule A, then this Company all rights and remedies against any person or property necessary Policy Is subject to the following: in order to perfect this right of subrogation. The insured claimant shall (i) where no subsequent improvement has been made, permit the Company to sue, compromise or settle in the name of the as to any partial loss,the Company shall only pay the loss pro rata in the insured claimant and to use the name of the insured claimant in any proportion that the amount of insurance at Date of Policy bears to the transaction or litigation involving these rights or remedies. total value of the land insured estate or Interest at Date of Policy; or If a payment on account of a claim does not fully cover the loss of the (ii) where a subsequent improvement has been made, insured claimant, the Company shall be subrogated to these rights and as to any partial loss,the Company shall only pay the loss pro rata in the remedies in the proportion which the Company's payment bears to the proportion that 120 percent of the Amount of Insurance stated in whole amount of the loss. Schedule A bears to the sum of the Amount of Insurance stated in If loss should result from any act of the insured claimant, as stated Schedule A and the amount expended for the improvement. above, that act shall not void this policy, but the Company, In that event, The provisions of this paragraph shall not apply to costs, attorneys' shall be required to pay only that part of any losses insured against by this fees and expenses for which the Company is liable under this policy, and policy which shall exceed the amount, if any, lost to the Company by shall only apply to that portion of any loss which exceeds, in the reason of the Impairment by the insured claimant of the Company's right aggregate, 10 percent of the Amount of Insurance stated in Schedule A. of subrogation. (c) The Company will pay only those costs, attorneys' fees and (b) The Company's Rights Against Non-Insured Obligors. expenses Incurred in accordance with Section 4 of these Conditions and The Company's right of subrogation against non-insured obligors shall Stipulations. exist and shall include, without limitation, the rights of the insured to 8.APPORTIONMENT. indemnities, guaranties, other policies of Insurance or bonds, If the land described in Schedule A consist of two or more parcels which notwithstanding any terms or conditions contained in those instruments are not used as a single site, and a loss is established affecting one or which provide for subrogation rights by reason of this policy. more of the parcels but not all,the loss shall be computed and settled on a pro rata basis as if the amount of insurance under this policy was 14. ARBITRATION. divided pro rata as to the value on Date of Policy of each separate parcel Unless prohibited by applicable law, either the Company or the to the whole,exclusive of any improvements made subsequent to Date of insured may demand arbitration pursuant to the Title Insurance Arbitration Policy, unless a liability or value has otherwise been agreed upon as to Rules of the American Arbitration Association. Arbitrable matters may each parcel by the Company and the insured at the time of the Issuance include, but are not limited to, any controversy or claim between the of this policy and shown by an express statement or by an endorsement Company and the insured arising out of or relating to this policy, any attached to this policy. service of the Company in connection with its issuance or the breach of a 9.LIMITATION OF LIABILITY. policy provision or other obligation. AU arbitrable matters when the (a) If the Company establishes the title, or removes the alleged Amount of Insurance Is$1,000,000 or less shall be arbitrated at the option defect, lien or encumbrance, or cures the lack of a right of access to or of either the Company or the insured. All arbitrable matters when the from the land, or cures the claim of unmarketability of title, all as Amount of Insurance is in excess of $1,000,000 shall be arbitrated only insured, in a reasonably diligent manner by any method, including when agreed to by both the Company and the insured. Arbitration litigation and the completion of any appeals therefrom, it shall have fully pursuant to this policy and under the Rules in effect on the date the performed its obligations with respect to that matter and shall not be demand for arbitration is made or,at the optionof the insured,the Rules in liable for any loss or damage caused thereby. effect at Date of Policy shall be binding upon the parties.The award may (b) In the event of any litigation,including litigation by the Company include attorneys' fees only If the laws of the state in which the land is or with the Company's consent, the Company shall have no liability for located permit a court to award attorneys' fees to a prevailing party. loss or damage until there has been a final determination by a court of Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. B 1190-74A The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 15.LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT. (a) This policy together with all endorsements, If any, attached hereto by the Company is the entire policy and contract between the insured and the Company. In Interpreting any provision of this policy,this policy shall be construed as whole. (b)Any claim of loss or damage,whether or not based on negligence, and which arises out of the status of the title to the estate or interest covered hereby or by any action asserting such claim, shall be restricted to this policy. (c) No amendment of or endorsement to this policy can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 16.SEVERABILITY. In the event any provision of the policy is held Invalid or unenforceable under applicable law, the policy shall be deemed not to Include that provision and all other provisions shall remain in full force and effect. 17.NOTICES WHERE SENT. All notices required to be given the Company and any statement in writing required to be furnished the Company shall Include the number of this policy and shall be addressed to: Consumer Affairs Department, P.O. Box 27567, Richmond,Virginia 23261-7567. B 1190-74A Transnation Title Insurance Company SCHEDULE A Policy No.: Date of Policy: Insurance Amount: TNWS0000153 June 21, 2005 at 7:00am $276,500.00 1. Name of Insured: Terra Firma Ventures, LLC, a Colorado limited liability company 2. The estate or interest in the land described herein and which is covered by this Policy is: Fee Simple 3. The estate or interest referred to herein is at Date of Policy vested in: Terra Firma Ventures, LLC, a Colorado limited liability company 4. The land referred to in this Policy is described as follows: Lot A of Recorded Exemption No. 0705-05-2-RE-3840, recorded August 31, 2004 as Reception No. 3214428, being a part of the NW1/4 of Section 5, Township 7 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado. This policy is valid only if Schedule B is attached Transnation Title Insurance Company Authorized Signature Policy No. TNWS0000153 Transnation Title Insurance Company SCHEDULE B This Policy does not insure against loss by reason of the following: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. 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. 5. Taxes for the year 2005, and subsequent years only, not yet due and payable. 6. Rights of way, whether in fee or easement only, for county roads 30 feet wide on each side of section and township lines as established by Order of the Board of County Commissioners for Weld County, recorded October 14, 1889 in Book 86 at Page 273. 7. Reservations by the Union Pacific Railroad Company of (1) all coal and other minerals underlying subject property, (2) the exclusive right to prospect for, mine and remove coal and other minerals, and (3) the right of ingress and egress and regress to prospect for, mine and remove coal and other minerals, all as contained in Deed recorded November 3, 1906 in Book 233 at Page 58, and any interests therein or rights thereunder. 8. Right of way, whether in fee or easement only, for ditch, granted to Bruce Hamilton by Burton D. Sanborn by instrument recorded January 15, 1909 in Book 270 at Page 13, in which the specific location of the easement is not defined. 9. Cactus Hill Ditch Extension of Cowan Ditch No. 1, and any and all rights of way therefore, as evidenced by Map and Statement filed September 28, 1907 as Reception No. 122760, in which the specific location is not defined. 10. Right of way, whether in fee or easement only, for electric line or system and appurtenances, granted to Poudre Valley Rural Electric Association by Richard D. Schild and Dorothy J. Schild by instrument recorded September 14, 1978 in Book 845 as Reception No. 1766568, in which the specific location of the easement is not defined. 11. Matters as shown in Land Survey Plat recorded August 10, 1999 as Reception No. 2713134. 12. Terms, agreements, provisions, conditions, obligations and easements as Policy No.: TNWS0000153 contained in Use by USR No. 1289 recorded August 22, 2001 as Reception No. 2876924. 13. Request for Notification of Surface Development recorded May 28, 2002 as Reception No. 2954952. 14. Terms, agreements, provisions, conditions, obligations and easements as contained in Recorded Exemption No. 0705-05-2-RE-3840, recorded August 31, 2004 as Reception No. 3214428. 15. Any question, dispute or adverse claims as to any loss or gain of land as a result of any change in the river bed location by other than natural causes, or alteration through accretion, reliction, erosion or avulsion of the center thread, bank, channel or flow of waters in the Cactus Hill Ditch lying within subject Land; and any question as to the location of such center thread, bed, bank or channel as a legal description monument or marker for purposes of describing or locating subject lands. NOTE: There are no documents in the land records of the office of the Clerk and Recorder of Weld County, accurately locating past or present location(s) of the center thread, bank, bed or channel of the above ditch or indicating any alterations of the same as from time to time may have occurred. 16. Matters of Survey including but not limited to Notes and Areas of Concern as shown in ALTA/ACSM Land Title Survey dated April 27, 2005 under Job No. 39450.00 17. Deed of Trust from Terra Firma Ventures, LLC, a Colorado limited liability company to the Public Trustee of the County of Weld for the use of Home State Bank to secure $165,900.00, dated June 15, 2005 and recorded June 20, 2005 at Reception No. 3295893. NOTE: The following notices pursuant to C.R.S. 9-1.5-103 concerning underground facilities have been filed with the Clerk and Recorder. These statements are general and do not necessarily give notice of underground facilities within the property. (a) Mountain Bell Telephone Company, recorded October 1, 1981 in Book 949 as Reception No. 1870705. (b) Colorado Interstate Gas Company, recorded August 31, 1984 in Book 1041 as Reception No. 1979784. (c) Associated Natural Gas, Inc., recorded April 10, 1989 in Book 1229 as Reception No. 2175917. (d) Public Service Company of Colorado, recorded November 9, 1981 in Book 952 as Reception No. 1874084. (e) Western Slope Gas Company, recorded March 9, 1983 in Book 990 as Reception No. 1919757. ENDORSEMENT 110.1 ATTACHED TO POLICY NO. TNWS0000153 ISSUED BY TRANSNATION TITLE INSURANCE COMPANY Said Policy is hereby amended by deleting exception(s) 1 through 4 of Schedule B. This endorsement is made a part of said policy and is subject to all of the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the Policy and any prior endorsements, nor does it extend the effective date of the Policy and any prior endorsements, nor does it increase the face amount thereof. Dated: June 21, 2005 Transnation Title Insurance Company Authorized Signature 111111 NH 11111 IIIII Ell 1111111 111 HI 1111 IIII 3328615 10/04/2005 02:35P Weld County, CO 6j 1 of 10 R 51.00 D 0.00 Steve Moreno Clerk& Recorder EASEMENT AND RIGHT OF WAY AGREEMENT This Easement and Right of Way Agreement, made and entered into effective as of the day of September, 2005, by and between Terra Firma Ventures LLC, a Colorado limited liability company,hereinafter called "Grantor" and The North Poudre Irrigation Company, a Colorado non-profit corporation, P.O. Box 100, 3729 Cleveland Avenue, Wellington, Colorado 80549,hereinafter called the "Ditch Company." 1. For good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged, the Grantor hereby grants, sells, conveys and transfers to the Ditch Company, its successors and assigns, a non-exclusive and permanent easement to construct, inspect, improve, repair, maintain, replace, remove and operate the westerly one—half of an open irrigation ditch and/or pipeline commonly known as the "Cactus Hill Lateral" for the storage, transmission, distribution, delivery and service of irrigation water, and all above ground and underground and service appurtenances thereto, including channels,metering stations, vaults, enclosures, identification signs, checks, headgates, dams and other fixtures, over, across, under and upon the following described land, situated in Lot A, Recorded Exemption No. 0705-5-2 RE 3840, as recorded at Reception No. 3214428, also located in the Northwest One-Quarter of Section 5,Township 7 North, Range 67 West of the 6th PM, County of Weld, State of Colorado, to wit: See attached Exhibit A. The easement and right of way described on Exhibit A for the ditch shall be 35 feet wide with the easterly line of the easement and right of way as described being the easterly line of said Lot A. 2. Grantor further grants to the Ditch Company within the easement and right of way: 2.01 The right to grade the easement area for the full width thereof and to extend the cuts and fills with such grading into and on the land along and outside of the easement to the extent as the Ditch Company may find reasonably necessary; 2.02 The right to support the ditch and pipeline across ravines and water courses with such structures as the Ditch Company shall deem necessary; 2.03 The right of ingress to and egress from the easement over and across all of the land of Grantor by means of such route or routes as the Grantor may designate from time to time; 2.04 The right to grade for, construct, maintain and use such roads on and across the easement as the Ditch Company may deem necessary in the exercise of the right of ingress and egress or to provide access to property adjacent to the land; ini Him 3328615 10/04/2005 02•35P Weld Ill"A "a' C'jjjL"j' 2 of 10 R 51.00 0.00 Steve Moreno Cle k& Recorder 2.05 The right to install, maintain and use gates and/or cattle guards in all fences that cross or enclose the easement; 2.06 The right to mark the location of the easement by suitable markers set in the ground; provided that any such markers remaining after the period of construction shall be placed in fences or other locations which will not interfere with any reasonable use Grantor shall make of the easement; 2.07 All other rights necessary and incident to the full and complete use and enjoyment of the right-of-way and easement for the purposes herein granted. 3. Grantor hereby covenants and agrees: 3.01 The Grantor shall not erect or place any permanent building, structure, improvement, fence or tree on the described easement. The Ditch Company shall not be liable for the removal of any items placed on the easement in violation of this provision. Grantor agrees to remove such items at Grantor's sole expense. 3.02 Grantor shall not excavate in or near the ditch and shall not diminish nor substantially add to the ground cover in the easement or over the pipelines, if any, or appurtenances. 3.03 Grantor shall not grant any other easement, right-of-way, permit or license upon, under or over the easement without the written consent of the Ditch Company. 3.04 Grantor warrants that Grantor is the owner in fee of the above-described lands and will defend the title thereto against all claims, and that said lands are free and clear of encumbrances and liens of whatever character, except liens and encumbrances of record. 3.05 The Grantor reserves the right to use the easement for any purpose that is not inconsistent with or detrimental to the occupancy and/or use of the easement by the Ditch Company, including ingress to and egress from lots bordering the easement by the Grantor, its designated successors, their contractors, employees, materialmen, and assigns for the purpose of conducting therein and thereon such work of maintenance, improvement, construction, utility installation, development, installing and maintaining landscaping using plants and grasses that do not jeopardize the integrity of the ditch and/or pipeline, and other reasonable activities as the Grantor may deem necessary or desirable, and emergency access by public safety agencies. 4. It is agreed by the parties: 4.01 Grantor reserves all oil, gas and other minerals in, on and under the above- described lands, and Grantor shall not grant any right in the surface or otherwise that will materially interfere with the rights and privileges herein granted to the Ditch Company. 4.02 Each and every one of the benefits and burdens of this easement and right-of-way shall inure to and be binding upon the respective successors, and assigns of the parties hereto. 4.03 The easement includes the right to clean the ditch system, the right to deposit earth and other materials on the easement, the right to change the location of the ditch within the easement or to place the irrigation system in an enclosed pipe. I•IIIIII IIIII IIIII IIIIII IIIII IIII III III 11111 IIII IIII 3328615 10/04/2005 02:35P Weld County, CO 3 of 10 R 51.00 D 0.00 Steve Moreno Clerk & Recorder 4.04 The Grantor grants the right of ingress to and egress from the easement over and across all of the land of Grantor by means of such route or routes as the Grantor may designate from time to time for the benefit of Ditch Company, its designated successors, their contractors, employees, materialmen, and assigns for the purpose of conducting therein and thereon such work of maintenance, improvement, construction, utility installation, development, and other reasonable activities as the Ditch Company may deem necessary or desirable. 4.05 The Ditch Company is granted the full right and authority to cut, trim, remove, destroy, or modify any trees, shrubs, structures, fences, or other improvements within the easement that may cause a hazard to the ditch, pipeline, or facilities. The Grantor, landowners, and the homeowners association, shall not plant, place or maintain any trees, shrubs, structures, fences or other improvements within the easement. The Grantor, landowners, and the homeowners association, shall not plant, place or maintain any trees or shrubs whose drip-lines extend into the easement. The Ditch Company shall install gates or cattle guards so that the Ditch Company has easy passage to its ditch, pipeline, and facilities. The Ditch Company shall provide keys to the Grantor for all locked gates or permit the Grantor to install its own locks. No Owner shall use any access point onto or from the easement as a means of primary access for their lot. 5. The North Poudre Irrigation Company, a Colorado non-profit corporation, in consideration of the mutual promises made in this Easement and Right of Way Agreement does hereby vacate, release, and quitclaim to Terra Firma Ventures LLC, a Colorado limited liability company, all of its right, title, and interest in the real estate described on Exhibit B, said real estate being the former location of the Cactus Hill Lateral. GRANTOR: Terra Firma Ventures LLC, A Colorado Limited Liability/ Company, By: �� Timothy J. lopoff, i(gdr GRANTEE: The North Poudre Irrigation Company, A Colorraa Non-Profit oration, Gary Simp on, President / 11111 11111 111111 11111 IIII 1111111 III 11111 1111 1111 3328615 10/04/2005 02:35P Weld County, CO 4 of 10 R 51.00 D 0.00 Steve Moreno Clerk& Recorder STATE OF COLORADO ) ) ss. COUNTY OF LARIMER ) The foregoing instrument was acknowledged before me this(2 9 day of September, 2005, by Timothy J. Halopoff, as Manager of Terra Firma Ventures LLC, a Colorado limited liability company, as Grantor. Witness my hand and official seal. O1H. (3M/ Tq Idot Public ,gommissio& res: B 2-Z_I 2-06 (e,9r••'dB......•'P Op cot,O STATE OF COLORADO ) My Commission Espires822/2008 ) ss. COUNTY OF LARIMER ) ,li,/U,1/ ' The foregoing instrument was acknowledged before me this day of September, 2005, U �!by Stith, as President of The North Poudre Irrigation Company, a Colorado non-profit corporation, as Grantee. Witness my handy 1. 9,O NOTARY Notary Public NM• My commission expires: /i/2OJO7 PUBLIC `'> 8 1 111111 11111 1111111111 11111 1111 1111111 111 11111 1111 till 3328615 10/04/2005 02:35P Weld County, CO 5 of 10 R 51.00 D 0.00 Steve Moreno Clerk & Recorder EXHIBIT"A" Legal Description of Eagle Ridge Estates Legal Description of the Common Elements .r..yviaLIBIT A LEGAL DESCRIPTION DITCH EASEMENT A PARCEL OF LAND,BEING A PORTION OF LOT A,RECORDED EXEMPTION NO. 0705-5-2 RE-3840,AS RECORDED AT RECEPTION NO. 3214428,ALSO LOCATED IN THE NORTHWEST ONE-QUARTER OF SECTION 5,TOWNSHIP 7 NORTH,RANGE 67 WEST OF THE 6TH PM,COUNTY OF WELD,STATE OF COLORADO,MORE PARTICULARLY DESCRIBED AS FOLLOWS: d mrnm BASIS OF BEARING: THE WEST LINE OF SAID NORTHWEST ONE-QUARTER,BEING MONUMENTED I AT THE SOUTH END BY A 3 1/4"ALUM.CAP STAMPED"JONES LS 22098"AND AT THE NORTH END cc BY A 3 1/4"ALUM.CAP STAMPED"JONES LS 22098",IS ASSUMED TO BEAR N 02°15'02" E,WITH A o Y DISTANCE OF 2587.38 FEET BETWEEN SAID MONUMENTS. �� d c� COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHWEST ONE-QUARTER; c d THENCE S 89°56'05"E,ON THE NORTH LINE OF SAID NORTHWEST ONE-QUARTER,A DISTANCE OF _v o 30.02 FEET,TO THE NORTHWESTERLY CORNER OF SAID LOT A; a d THENCE S 89°56'05"E,CONTINUING ON SAID NORTH LINE AND THE NORTHERLY LINE OF SAID o d LOT A,A DISTANCE OF 836.07 FEET,TO THE NORTHEAST CORNER OF SAID LOT A,AND THE POINT la d y OF BEGINNING; THENCE ON THE EASTERLY LINE OF SAID LOT A THE FOLLOWING EIGHTEEN(18) COURSES: �n c 1) THENCE S 17°36'45"W,A DISTANCE OF 33.70 FEET; o 2) THENCE S 37°58'54"W,A DISTANCE OF 51.66 FEET,TO A POINT OF CURVATURE; a c• 3) THENCE ON THE ARC OF A NON-TANGENT CURVE TO THE LEFT, SAID CURVE HAVING A DELTA OF 34°45'54",A RADIUS OF 180.00 FEET AND A LENGTH OF 109.22 FEET,THE CHORD o OF SAID CURVE BEARING S 20°35'56"W,A DISTANCE OF 107.55 FEET; a r 4) THENCE S 3°12'57" W,A DISTANCE OF 78.93 FEET; -m c 5) THENCE S 1°51'53" E,A DISTANCE OF 61.26 FEET,TO A POINT OF CURVATURE; co 6) THENCE ON THE ARC OF A NON-TANGENT CURVE TO THE LEFT,SAID CURVE HAVING A DELTA OF 17°39'35",A RADIUS OF 100.00 FEET AND A LENGTH OF 30.82 FEET,THE CHORD OF SAID CURVE BEARING S 10°41'38"E,A DISTANCE OF 30.70 FEET; 7) THENCE S 19°28'43" E,A DISTANCE OF 53.46 FEET; 8) THENCE S 24°10'53" E,A DISTANCE OF 195.80 FEET; 9) THENCE S 22°23'51" E,A DISTANCE OF 135.42 FEET; 10) THENCE S 23°48'51" E,A DISTANCE OF 157.75 FEET,TO A POINT OF CURVATURE; 11) THENCE ON THE ARC OF A NON-TANGENT CURVE TO THE LEFT,SAID CURVE HAVING A DELTA OF 18°28'16",A RADIUS OF 355.00 FEET AND A LENGTH OF 114.44 FEET,THE CHORD OF SAID CURVE BEARING S 33°03'00"E, A DISTANCE OF 113.95 FEET; 12) THENCE S 42°17'12" E,A DISTANCE OF 281.06 FEET,TO A POINT OF CURVATURE; 13) THENCE ON THE ARC OF A NON-TANGENT CURVE TO THE RIGHT, SAID CURVE HAVING A DELTA OF 25°27'20",A RADIUS OF 220.00 FEET AND A LENGTH OF 97.74 FEET,THE CHORD OF SAID CURVE BEARING S 29°33'33"E,A DISTANCE OF 96.94 FEET,TO A POINT OF REVERSE CURVATURE; 14) THENCE ON THE ARC OF A NON-TANGENT CURVE TO THE LEFT,SAID CURVE HAVING A DELTA OF 25°04'35",A RADIUS OF 55.00 FEET AND A LENGTH OF 24.07 FEET,THE CHORD OF SAID CURVE BEARING S 29°22'09"E,A DISTANCE OF 23.88 FEET; 15) THENCE S 41°54'08" E,A DISTANCE OF 78.26 FEET; 16) THENCE S 36°20'47" E,A DISTANCE OF 37.44 FEET; 17) THENCE S 39°45'34" E,A DISTANCE OF 62.51 FEET; 18) THENCE S 43°10'23" E, A DISTANCE OF 272.42 FEET,TO THE SOUTHEASTERLY CORNER OF SAID LOT A; X:\3940000.a11\3945000\Word\Legals\3945000LX I.doc Page I of4 EMIR' lit 111111 11111 IIII1111 11 III I IIII in 3328615 10/04/2005 02:35P Weld County, CO IBIT A 7 of 10 R 51.00 D 0.00 Steve Moreno Clerk & Recorder THENCE S 86°12'23" W,ON THE SOUTHERLY LINE OF SAID LOT A,A DISTANCE OF 45.28 FEET,TO A POINT ON A LINE BEING 35.00 FEET WESTERLY OF AND PARALLEL WITH SAID EASTERLY LINE,AS MEASURED AT RIGHT ANGLES; THENCE ON SAID PARALLEL LINE THE FOLLOWING TWO(18)COURSES: I) THENCE N 43°10'23" W,A DISTANCE OF 244.73 FEET; 2) THENCE N 39°45'34" W,A DISTANCE OF 64.60 FEET; 3) THENCE N 36°20'47" W,A DISTANCE OF 36.78 FEET; 4) THENCE N 41°54'08" W,A DISTANCE OF 76.56 FEET,TO A POINT OF CURVATURE; 5) THENCE ON THE ARC OF A NON-TANGENT CURVE TO THE RIGHT,SAID CURVE HAVING A DELTA OF 25°04'35",A RADIUS OF 90.00 FEET AND A LENGTH OF 39.39 FEET,THE CHORD OF SAID CURVE BEARING N 29°22'09"W,WITH A DISTANCE OF 39.08 FEET,TO A POING OF REVERSE CURVATURE; 6) THENCE ON THE ARC OF A NON-TANGENT CURVE TO THE LEFT,SAID CURVE HAVING A DELTA OF 25°27'20",A RADIUS OF 185.00 FEET AND A LENGTH OF 82.19 FEET,THE CHORD OF SAID CURVE BEARING N 29°33'33"W,WITH A DISTANCE OF 81.52 FEET; 7) THENCE N 42°17'12" W,A DISTANCE OF 281.06 FEET,TO A POINT OF CURVATURE; 8) THENCE ON THE ARC OF A NON-TANGENT CURVE TO THE RIGHT,SAID CURVE HAVING A DELTA OF 18°28'16",A RADIUS OF 390.00 FEET AND A LENGTH OF 125.73 FEET,THE CHORD OF SAID CURVE BEARING N 33°03'00"W,WITH A DISTANCE OF 125.18 FEET; 9) THENCE N 23°48'51" W,A DISTANCE OF 158.18 FEET; 10) THENCE N 22°23'51"W,A DISTANCE OF 135.31 FEET; 11) THENCE N 24°10'53" W,A DISTANCE OF 196.69 FEET; 12) THENCE N 19°28'43" W,A DISTANCE OF 54.87 FEET,TO A POINT OF CURVATURE; 13) THENCE ON THE ARC OF A NON-NON-TANGENT CURVE TO THE RIGHT, SAID CURVE HAVING A DELTA OF 17°39'35",A RADIUS OF 135.00 FEET AND A LENGTH OF 41.61 FEET, THE CHORD OF SAID CURVE BEARING N 10°41'38"W,WITH A DISTANCE OF 41.44 FEET; 14) THENCE N 1°51'53" W,A DISTANCE OF 62.81 FEET; 15) THENCE N 3°12'57" E,A DISTANCE OF 80.48 FEET,TO A POINT OF CURVATURE; 16) THENCE ON THE ARC OF A NON-TANGENT CURVE TO THE LEFT, SAID CURVE HAVING A DELTA OF 34°45'54",A RADIUS OF 215.00 FEET AND A LENGTH OF 130.45 FEET,THE CHORD OF SAID CURVE BEARING N 20°35'56"E,WITH A DISTANCE OF 128.46 FEET; 17) THENCE N 37°58'54" E,A DISTANCE OF 45.37 FEET; 18) THENCE N 17°36'45" E,A DISTANCE OF 16.35 FEET,TO A POINT ON SAID NORTH LINE OF SAID NORTHWEST ONE-QUARTER AND NORTHERLY LINE OF LOT A; THENCE S 89°56'05"E,ON THE NORTH LINE OF SAID NORTHWEST ONE-QUARTER AND THE NORTHERLY LINE OF SAID LOT A,A DISTANCE OF 36.71 FEET,TO THE POINT OF BEGINNING; CONTAINING A CALCULATED AREA OF 65,610 SQUARE FEET. I, CHAD R. WASHBURN, A COLORADO LICENSED PROFESSIONAL LAND SURVEYOR, DO HEREBY STATE THAT THE ABOVE LEGAL DESCRIPTION AND ATTACHED EXHIBIT WERE PREPARED UNDER MY RESPONSIBLE CHARGE AND ON THE BASIS OF MY KNOWLEDGE, INFORMATION, AND BELIEF, ARE CORRECT. • CHAD R. WASHBURN,PLS so COLORADO PLS NO.37963 0 's,91296 ff FOR AND ON THE BEHALF OF JR ENGINEERING L''., s .... 'u/ON' OS - r THIS LEGAL DESCRIPTION DOES NOT CONSTITUTE A TITLE SEAR - _ . 'ING TO DETERMINE OWNERSHIP OF THIS TRACT OR VERIFY EASEMENTS OF RECORD.JR ENGINEERING AND TH OR OF RECORD ASSUMES NO RESPONSIBILITY FOR OWNERSHIP RIGHTS OR EXISTING EASEMENT RIGHTS AND RECOMMENDS CONSULTATION WITH AN ATTORNEY. X:\3940000.x11\3945000`.Word\Legals\3945000LX1.doc Page 2 of 4 --a; o ' FND 3 1/4" ALUM CAP EXHIBIT A o STAMPED cc "JONES LS 22098" L28 o cd NW CORNER SECTION 5, POINT OF v-. 17N, R67W L27 ��,•� — S89'56'05"E 836.07' - BEGINNING NORTH LINE, NORTHWEST 1/4, SCE. 5 0 c N�� J —Cl ti 9 o O v � 0 U — I 589'56'05"E v �n 12.' 30.02' ii4o N M �p0 J J — o -off N A o in 4u moo o u, U ` cT ,s cc 3 I a. s▪m.-.o —-m (C;Ii ° CA <a' 35.00' DITCH EASEMENT —"°° `'a 65,610 SQ. FT. A c_ 200 100 0 200 faa i\ SCALE: 1" = 200' I ��\ EXISTING CENTERLINE ° OF CACTUS HIL LATERAL I AND EASTERLY BOUNDARY 01,\ OF LOT A I '° LOT A RE NO. 0705-5-2 RE-38400 \ C,q 4n REC. NO. 3214428 4 ��\ 10 iiij Cr w m Ck -b O N O C>� ( E Z rtn Cam' ,eD r N a mIzm <i0 o \ \� N o o o L14 N m c., 0, ti.' q 110 3 1/4'MW.W 'JCS u V 0o . int marmcml a a x N m P 3 a X o I0 0 N A N N a E A R DITCH EASEMENT I SAGE HILL JOB NO. 39450.00 % 8/18/05 6O SHEET 3 OF 4 0 1 v NOTE: J'R ENGINEERING 8 THIS DRAWING DOES NOT REPRESENT A o MONUMENTED SURVEY AND IS ONLY A Weinman comWro M INTENDED TO DEPICT THE ATTACHED 2820 East Rapaq Road,Side gp.Fat ,CO 80525 ii LEGAL DESCRIPTION. gip-0.9E-9683•Fax gN-49F'b64•wlwjagreaigcan EXHIBIT A 111111111111111111111111111111111111111111111111111111 3328615 10/04/2005 02:35P Weld County, CO 9 of 10 R 51.00 D 0.00 Steve Moreno Clerk& Recorder LINE TABLE CURVE TABLE LINE BEARING LENGTH CURVE DELTA RADIUS LENGTH CHORD BEARING L1 S17'36'45"W 33.70 C1 34'45'54" 180.00 109.22 107.55 S20'35'56"W L2 S37'58'54"W 51.66 C2 17'39'35" 100.00 30.82 30.70 S10'41'38"E L3 503'12'57"W 78.93 C3 18'28'16" 355.00 114.44 113.95 833'03'00"E L4 S01'51'53"E 61.26 C4 25'27'20" 220.00 97.74 96.94 S29'33'33"E L5 S19'28'43"E 53.46 05 25'04'35" 55.00 24.07 23.88 S29'22'09"E L6 524'10'53"E 195.80 C6 25'04'35" 90.00 39.39 39.08 N29'22'09"W L7 S22'23'51"E 135.42 C7 25'27'20" 185.00 82.19 81.52 N29'33'33"W L8 S23'48'51"E 157.75 CS 18'28'16" 390.00 125.73 125.18 N33'03'00"W L9 S42'17'12"E 281.06 C9 17'39'35" 135.00 41.61 41.44 N10'41'38"W L10 S41'54'08"E 78.26 C10 34'45'54" 215.00 130.45 128.46 N20'35'56"E L11 S36'20'47"E 37.44 L12 S39'45'34"E 62.51 L13 843'10'23"E 272.42 L14 S86'12'23"W 45.28 L15 N43'10'23"W 244.73 L16 N39'45'34"W 64.60 L17 N36'20'47"W 36.78 L18 N41'54'08"W 76.56 L19 N42'17'12"W 281.06 L20 N23'48'51"W 158.18 L21 N22'23'51"W 135.31 L22 N24'10'53"W 196.69 L23 N19'28'43"W 54.87 L24 N01'51'53"W 62.81 L25 N03'12'57"E 80.48 L26 N37'58'54"E 45.37 0 O L27 N17'36'45"E 16.35 a 73 L28 S89'56'05"E 36.71 0 O 0. N 07 ryT {JT X L DITCH EASMENT -11 SAGE HILL JOB NO. 39450.00 8/18/05 SHEET 4 OF 4 fa J R ENGINEERING oA Weetrlan Company 0 a, ZEiO Fast Raged Rg4 Stile 190•Fat Caiq CC x 970-491-9183.Fax 970-49H9904•WIMPEC p pI 111111111111 IIIII 111111 IIIII W''IIIIII III 111111 III IIII ' 3328615 10/04/2005 02:35P vVeld County, CO 10 of 10 R 51.00 0 0.00 Steve Moreno Clerk & Recorder FND 3Y4" ALUM. CAP STAMPED "JONES LS 22098" NW CORNER SECTION 5. N89'56'O5"W 79.07' T8 R67W N 6 04 W 75 N 30 0245"W 534'3O'OO"W 1 I 100.00' o O i O 0h 200 1 00 200 Gii SCALE: 1" = 200' S09'00'00"E-� 100.00' S1 O'45'OO"E 110.00' I LP Le EAST BOUNDARY OF LOT A •ri ti AND EXISTING CETERLINE OF THE `�es0. CACTUS HILL LATERAL 'oofOm F I 1ui N � O U' O 0e RECORDED CENTERLINE CACTUS HILL LATERAL PER REC.#�S155, I 122760 39 .0, E TO BE VACATED S0 OO, 0 F LOT A RE N NO. 212 RE-3840 NI a REC. N0. 3214428 I NDoojs. 0 I '0 0, 2-0 ON s,� O \goo e 7. •00of Iq co I 56830'00"E------ O 75.44' !0 m e N , a 5, I m n FND 3Y4" ALUM. CAP W "JONES LS 22098" O W Y4 CORNER SECTION 5, CENTERLINE VACATION 0 T7N, R67W SAGE HILL JOB NO. 39450.00 8/18/05 O SHEET 1 OF 1 O O N v 0 NOTE: J-12. ENGINEERING g THIS DRAWING DOES NOT REPRESENT A 8 MONUMENTED SURVEY AND IS ONLY AWesWan Company ?,' INTENDED TO DEPICT THE RECORDED ?320 East Prospect Road 9i�19tt•Fan Caiy a x DITCH EASEMENT TO BE VACATED 910-491-9383•Fax 970-491- 4• 11111111111 liii! 111111111111 IIII 11111l 111111111 IN 3311505 08/09/2005 04:18P Weld County, CO Oj 1 of 4 R 21.00 D 0.00 Steve Moreno Clerk & Recorder y/ RELINQUISHMENT AND QUITCLAIM THIS RELINQUISHMENT AND QUITCLAIM effective this a7 day of ILL/ , 2005, by and among ANADARKO LAND CORP., formerly known as RME Land Co*. and Union Pacific Land Resources Corporation, and ANADARKO E&P COMPANY LP, formerly known as RME Petroleum Company and Union Pacific Resources Company, both with an address of Post Office Box 1330, Houston, Texas 77251-1330 (hereinafter the "Anadarko Entities"), and TERRA FIRMA VENTURES, LLC with an address of Post Office Box 1245, Fort Collins, Colorado 80522-1245 (hereinafter "GRANTEE"). WITNESSETH: RECITALS 1. The lands which are the subject of this Relinquishment and Quitclaim are the lands that are described on attached Exhibit A and are hereinafter referred to as the "Subject Lands." 2. By deed dated October 25, 1906 recorded on November 3, 1906 in the Office of the Clerk and Recorder of Weld County in Book 233, Page 58, Union Pacific Railroad Company conveyed to Burton D. Sanborn certain real estate in Weld County, Colorado, a portion of which are the Subject Lands. Said deed was made subject to the reservation by the grantor of, among other things, "(a)1l coal and other minerals within or underlying said lands." 3. By quitclaim deed dated April 1, 1971 recorded on April 14, 1971 in the Office of the Clerk and Recorder of Weld County in Book 644, Reception No. 1565712, Union Pacific Railroad Company quitclaimed to Union Pacific Land Resources Corporation, all of its right, title, and interest in and to certain real estate in Weld County, Colorado, a portion of which was the Subject Lands. 4. This Relinquishment and Quitclaim relates to surface entry for all of the minerals, al including coal and other hard rock minerals and also oil, gas and associated liquid hydrocarbons, that the Anadarko Entities own in the Subject Lands. The minerals are 6 hereinafter referred to as "Minerals." 6 s X a' a U ' Q , • =o c o o o a...) c.) cc c 0 0 Q3 .• w • AIM 1111111111111111111111IIII Dill III 11111 viii IIII 3311505 08/09/2005 04:18P Weld County, CO 2 of 4 R 21.00 D 0.00 Steve Moreno Clerk & Recorder RELINQUISHMENT AND QUITCLAIM NOW THEREFORE, the Anadarko Entities for and in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration to them paid, the receipt of which is hereby acknowledged, have RELINQUISHED and forever QUITCLAIMED, and by these presents do RELINQUISH and forever QUITCLAIM unto GRANTEE, its grantees, successors and assigns, with respect to the Subject Lands only, the right to enter upon the surface of the Subject Lands to explore for and remove the Minerals by virtue of the reservation contained in the deed described in Recital 2, it being the intent hereof to relinquish only the right to enter upon the surface of the Subject Lands to explore for and remove the Minerals, and to leave in full force and effect all other rights reserved to Union Pacific Railroad Company in that deed, it being expressly understood that the title of the Anadarko Entities to the Minerals shall be in no way affected and that the Anadarko Entities and any lessee, licensee, successor or assign of either of them shall have the right to remove the Minerals from the Subject Lands by directional or horizontal drilling and by subterranean entries or by means of operations conducted on the surface of other lands or otherwise by any means or methods suitable to the Anadarko Entities, their lessees, licensees, successors and assigns, but without entering upon or using the surface of the Subject Lands, and in such manner as not to damage the surface of the Subject Lands or to interfere with the use thereof by GRANTEE, its grantees, successors and assigns. This Relinquishment and Quitclaim is made subject to the specific understanding that all of the terms, conditions, provisions and reservations contained in the deed dated October 25, 1906 referenced in Recital 2 and not heretofore relinquished shall continue in full force and effect with respect to all lands conveyed thereby and not covered by this Relinquishment and Quitclaim, and it is further specifically understood that all the terms, conditions, provisions and reservations contained in that deed and not relinquished hereunder shall continue in full force and effect with respect to the Subject Lands. IN WITNESS WHEREOF, the Anadarko Entities have executed this Relinquishment and Quitclaim on the date set forth in the acknowledgment, to be effective on the date and year first written above. ANADARKO LAND CORP. By: a _ —_ Name: James L. ewcomD Its: Agent and Attorney-in-Fact c ANADARKO E&P COMPANY LP - 1 114 By: w t� Name: Ja s L. Newcomb Its: Agent and Attorney-in-Fact • 1111111.111111111111111 VII ill PIM 0111111 1111 IIII 3311505 08/09/2005 04:18P Weld County, CO 3 of 4 R 21.00 D 0.00 Steve Moreno Clerk& Recorder STATE OF TEXAS ) ) ss. County of Montgomery ) The foregoing instrument was acknowledged before me this o2I day of Tesi 2005, by Timt5 LnCuicc , as �o�/7F b�lfvm. for ANADARKO LAND CORP. My Commission expires: /0Un I 1,,)0a (((t Witness my hand and official seal. 14' ui � i' Notary ltblic STATE OF TEXAS ) ) ss. County of Montgomery ) The foregoing instrument was acknowledged before me this ,7 9 day of ,l rr111j , 2005, by T mm,s t_nPlLKL0n3h , as itiuif h Affrroci-l- i-ocii for ANADARKO E&P COMPANY LP. My Commission expires: I7➢eniaty ii dab Witness my hand and official seal. t L. 4 Notary Public 3 nuilimusimmitinhimmult 3311505 08/09/2005 04:18P Weld County, CO 4 of 4 R 21.00 0 0.00 Steve Moreno Clerk& Recorder EXHIBIT A to Relinquishment and Quitclaim dated \J 2.7 , 2005 mong Anadarko Land Corp., Anadarko E&P Company LP and Terra FirmaVentures, LLC Legal Description Lot A of Recorded Exemption No. 0705-05-2-RE-3840, recorded August 31, 20O4 as Reception Nc. 121/1428, being a part of the Northwest Quarter of Section 5, Township 7 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado. also known by street and number as: vacant land 4 273 A1pL s ^te...r �n�.^1 -+_ I �u-.•cl: ('r r,t/, y .I._, .�..<..r..-=L el, • aa.l .i .t. L... ,..A.1 .cL.i t< .,L d., , j..(. .I 1icf.—, I. . 1 9_.. .. i 11, 1 o,vl. X4.1 ... IL:' 0 ,4 � ) v' ISSi.; [t/ 1'l+ :_tt. 1, I'Y vha LtJJ _.. 1.....1 <....1 .�.'L.... L :__L .. r6< 1.. !.; L .. 1-.. . q..J: . 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L. .... ,1. aC .I 1.,. ..G ,.,,1 ,1., ,,J f.--„..a., i. c4 ..y.1 .....et..., .7 ,L." -C..,Z7 r , ..�' l,. :1? + ,L C...__1 f✓r....1,, .a 6.. _ i! ..' lift,' .,.L 1f-,... C4,,..k rr '3‘,-.. /J I. 1 t:.(A" . .L J t is _ .e.-C.-,..4.„ _ (ztt).1-4 t,.e,i-t 4 . L---- el-1-6. /Pr; iv./um ii1'.'..`✓�C.-....,.....L'}a.J" .....L.:ti..s... i - .tvw 4.4.4...4.1.44 fY . I2.. "•d. 0.1 -.IL `✓L'L My1\1 ....cat.r .. `E. .a'y.JYKZ r ^" ..;J1.5t t t e / }, .J L aim-1i1 t� L .(L11. --L� 7 -r? 47"2—.. .C d •., "a C�t.l-,,,,,. v � brnsuL t . t, I>rrwL _.46. .L y.:: '`i ,sa �L . �W.Cv,r(e rz:d ,�.�Dd4 lJA.9./l�raq. /_� __L I.. r V0IStlWq{DLLD 1 u4W 1 6 nV 9l,v !� Pn,,Lolo 19f :V"n,LO L, 13 QU1T CI_AI CE4(5 Deed Made Ulv'1J]/ y 1 I c M\ -rU / day of. rzu{tn� t '- cr rx `.r'". 'sU yew I Larded U vaaM sn hur died and /ice-t.p CJJJI - Leiwem, ('I - zL >yEYi7�j IJt/ OXJ U.-on�G4-7111/..... �y spy of the County of�!{,e:r, ,mud State of Colorado,o)the fir at pa j 'DTA]C 01 wMllO f - - - - County.ir Wit,, '.7 Qua C n+D filed for 1.p rd t a/the County of and State of Colw GA;of the second part, ; �// - /-. {hwry n11'NESSETII,That the said/pm of S first part,for and In conandero(tor of the suns of I.. to l e sand / t41/If2"� Dollars 1 pur fly_ of the first tail in 1/avid yuul'6y,the s park/ )the acm+d part,the re apt whe eo]as hereby c of said and ach'rruudedyed,hpj-� reoived /dewed soyldp�c�n��o/eyed and QUIT-CLAIMED,and by Ili c presents uatd .reran retcase sell,curvy and QUIT CLA IAI alto the said part.!// 'of are sersmd pu t_<l/✓! heirs 272, assigns for ever all the right tide udcreet,ilavm'mg d r iand which 1h said m LC /S,/ -- _ _- - i %Ncfutparado- in'and to the)oltawing describ -- --- situate,'lying and being to th c County of li old and Mate of Colorado,to-ya! A ri gilt-of w fore lateral ditch•to Abe constructed by„;the-second party from.the ,Caetua -- Hill Ditch upon end across the- northwest' quarter (NWe) .91'-16-ctitUrr file (5) i'n'-.townshi p'_seva (Zinorth, of rarigeseixty„cation (67.0 west of the sixth-principal-meridian, to—the . - - - highestt aioint. on the east line oft the northeast- quarter (NFak) of section-six (6).townsh —.Seven.(7)nnrtirof rengs sixty beven(67),'lest , safe-h3ghest -p;coin£beingfmidwey betweenc tithe nortli^and aouth`.11ne-of"said noiyth 'east .quarter,-(NCi5} of section-Six--(6)-tcwn'ship seven(7) } range sixty. seven (67), said ditch to be'.oonatruoted as near as practlble where tit_msq be._ tifpost service iti Srrigatin that portion oP the-northwest gitartsr ( - -township seven (7)north range_sixty seven-.67) aforesaid, -through- ) of section sses a vs (5) first party:reserving'.at all Lines when necessary for irrigatl tho_usetofasaid�ditch '+which is to'be-.constructed`and inalht Mined'by the sseond art g - . expense, to1..the first.:.party; . - - - YY-, or his asst ns without J•.._._ .___.- _ _ ---'. spa '/O HATE'AND 10 HOLD THL SAME',Together ur+N, ` og utl and e'u yuiw the wypu, aances mld'pnvelepos lhemnlo be!onymy r tit m ywi a ihvLurd appertaining aind'Wf the-estate,e estate,right,Itfle,interest¢ild clam whategever,of he.teid pa(tot the first pa( eat/wr in law or eputy,to the only p Dyer gie benefit a+d Lehoof of Lm said part of Uu second port hmrs and ee a s forever. - INWIT NESS WHEREOF s!'he Raul part of the first part ho0 hereunto set.-.. 491 hand mdsed—Ure day and yew first.'above Wilk"?' j 9y S%GAA/ S/::Ir.CU a1.Y2D£L114RttUld'llth5dA' 6'4h' Oel - 1{. Q t. { I “ Yt'.C� ea h _ � i• 'r e4', 3 . A7 OF GOLO R.A DO — t t/ St a;M; 12,041 sa m nand/or d Co a a{en aTTT do.he eLyurafy(hnt � / 1 _ r. rtt r! Q . ' -�r�!-'^s A-0 7xregnnUy Anawn to "to- �a4/,/ (/u person--zd ac ram re .L.O auhscri6ed to fheZWill .e�e�fdeed upvimed Le/1 nelhw day in perse na ackhawledgedlhat f7< l sgned-ualad avt d l vend the sad rat u+nchl of lvntury 94-- -tti i free and vodun(ay act fdr Ail uses and purposes then.,.set faith r, .;;;*'.--....1.:'-,-, J S .r, -- ue0-044"oW s3v< l v 2o..1" � haHY V�tleeplNNG. 1 ,':‘;'4,•]. k A®g\ ad.Wdiat d Ir -,rag,s�.l� !lrrkau,w b.,...bg ". ed.' ai<d-J,-14..-�/+F rat. . bedx h 7 67. under n h'ond o ,. 'l - dui; a o i9t ST � t tyy co{Iauswn axPuea �/-+� a'-'f /2/ 041.;:'''' rp, t # _1Y k e L..�arc�cy yX 4. t 7 z CACTUb HILL DITCH /EX TENS] ON OF THE COWAN DITCH NC. I . r -- 47-O7 & oorime,- ClocazTT;Colorado —_7:1ryohnn D.iresion."?1,- Icr,izzinic_ijr?<3.— Lb1trnsreg' True? 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AI..JIU.l'� )JIV � ��I/`fI rYCj 8a5 Rx N.._1719%`768..Ho,n^n 'ra d., ` / y-I I POUORE VALLEY RURAL ELECTRIC ASSOCIATION,INC. RIGHT-OF-WAY EASEMENT i'- KNOW ALL MEN BY THESE PRESENTS,that the undersigned,ne't� are the ownerts)of record and for a good R ,C,{es_n 7) _Dr FLL I n n.Ar l)n 2ryor,1 3 t•el,r-n 1 o ;y .o and lu Hornets)cns Ai L� and valuable consideration,the receipt whereof Is hereby acknowledged,does hereby grant unto Poudre "It^ Valley Rural Electric Association,a Corporation,whose post office address is Fort Collins,Colorado,and T°- 'y• to its successors or assigns,a perpetual easement upon the lands of the undersigned,more particularly p described as follows: So n rcjr- '°2/ 2, '101 (If Subdivision,give description) m ri 0 nI w t/4 Sec._a_Twp. '7 Rge. 67 F2 for the purpose at placing,constructing,operating end maintaining an electrto line or system en,ever or r under the above-described lands;to Inspect and make such repairs,changes,alterations,improvements, removals 1rom,substitutions and additions to Ito facilities as the Association may from time to time deem i„,• advisable,Including,by way of example and not by way of limitation,the right to increase or decrease the number of conduits, wires, cables, hndholes, manholes, connection boxes, transin,mera and trans- former enclosures;and the right to cut and trim trees and shrubbery to conform to the specifications of the Rural Electrification Administration and to cut down from time to time all dead,weak, leaning or dangerous trees that are tall enough to strike the wires in falling,and to keep the easement and the adjoin. ing area within 8'of said easement clear of all buildings,structures or other obstructions;and to license, permit or otherwise agree to the joint use or occupancy of the lines,system or,If any of said system is placed underground,Of the trench and related underground facilities;together with the right of access for Ingress and egress over lands of grantor adjoining the easement described above and the right to use the roads or trails whether public,private,or dedicated. The undersigned warrants that he is the owner in fee of the above described lands and that the said lands are free and clear of liens and encumbrances of whatsoever character except the following: PVA Crtl,Ln 10 44R-t- - r . Q.,\\ ,tip The undersigned agrees that all poles,wires,and other facilities installed on the above described lands shall remain the property of the Association,removable at the option of the Association. IN WITNESS WHEREOF,the undersigned has set his hands and seal this_Ltd_day of aiuL=,192a. Signed,sealed and delivered in the presence of: Owner ,,,,,n � r‘,,.a.,-, .g xl- 4r t A, 2 AIL(re Wltna4d , . !� Witness_`�/// �. State of Colorado:County of The foregoing instrument was acknowledged before me this day of ,19 By My Commission Expires Notary Public I have read,understand and acknowledge receipt of a true copy of this document.n�Initial U 93. 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[ s �3 Ft �. i:t13 Fi.°! {s D E Yt e J o efl#=ie t e01 8E i tip i't T�rzlf�f�jfl =N 2$€F%E l; s 1 l€=reFi: ��'. r OF• :Fa t•F:ex- 1,t gi 3s$_ :i i fr.:- log'i t lali11F1l3`F°.3i5Eitit'i g fttli 8 up 'rat; itf r S3 s ,Iii,-,.EEa -1t-A i f i a` igt{F v{{t fk:set o a i _( F f ia[l lq i a IN 1l I 5Es l "1 s S f aura ea 111 n ..Li I i Mil-all t Ca- S;itli,AgliME°Ys a-lft8511rar ;tlixtnt :'� : is a.i _.a I@:..13: ;. - =`Fear s.. i .&xiid`i � *1S Z 74-? n s n ce it W W } u Ce it ,^ E 1 // W z m I U v :1 / I 0 11 f m Ca a ¢ J 8 W it S n s m F- 0 f t ai O n :i =ate a Z *sc �, 0 ct Z / D O U I# QVpy A1Nf100 G13/1 of op DYELANDS DAIRY, LLC USR # 1 289 - SITH LAYOUT • I WELD COUNTY ROAD #86 PLANNING COMMISSION CERTIFICATION _ This is to certify that the Weld County Planning Commission has certified and does hereby recommend Ito fir--- 71)n__Q 0 �,_• �'/) TA 'to the Board of County Commissioners, for its confirmation, approval and adoption of this Site Specific DevelopmentW Plan and Use by Special Review as shown and described hereon this CI' y of 20 day PRWa}SD.CQIDRY HOUSING UNITSI Ci r, - i I I Chair, Weld minty Planning Commission BOARD OF COUNTY COMMISSIONERS CERTIFICATION \ This is to cerfi/y that the Board o/ County Commissioners, Weld County, Colorado, does hereby confirm and adopt this Site Specific Development Plan and Use py Special Review and Development Standards il �& as show, and described her `-U day of L'fc,, , 2001 . \ hoi, oord Guilty ATTEST' WNHIsY/••\- �C Jf• _ \ Weld County Clerk to the Deputy Clerk to the Board l4-/V Date li \ PROPERTY OWNER'S CERTIFICATION The undersigned major property owner(s) do hereby agree to the Site Specific Development Plan and \ Use by Speciial Review Development Standards as described hereon this day of �'-- D yp� \ tureVI/As„..... V/signature /es atJ—Dell tjac � \\*Insituitziatiojas.,:a......... LEGEND I Ll \ DITCH/CANAL II \ DRAINAGE BOUNDARY CORRAL FENCE Il \\ —.— PROPERTY LINE •I.I\ ROAD ! I \ \ ._•.. DIRECTION OF FLOW \ \\\°\,\ ��\,\\\\,� \�: \�\\\b�... • ter, ir\\> .\\:\" „\\ N.<,\.\\\,\..\\.,\ , - 11 -. k.. . .. „. „, (\, ..\, , s‘, ,,,..,•ix, ,N,\„-,.. . . . , .,% .v ,,,:k,,,-7<\;/. i -- LN.N.N.„\-\\\\\N„ ,„ 1 \,, s • . ....\ \„„ , .. . \ .,, ,,,,...,„ 1 . , \\,4,k,,,,,. .,,„,, ,*• .. \ , „ £ \ \` s\, a ,\ yes \ + \IM -rv.\ a \,, \„N N-i-; \° �\cd\Bp \ \p1p\\\s •j�I'< l f s` �\\\ \�. _� x s$\ I-IL \ ° a°o .ao ...'may' .^ \ 4 `T y1)F7.BcieMq •R�.,\I( \��, •• ,- �. \ �'\\ }\t-` �___ sl \,\ \\ 1+��•.--, , \r��xqM: s rc[i Ir I ,�7 • I� 11\ \\ .� t'a `=49 - \\\\\,`,,\I •I 1/4 SCALE: 1' = 200' .. ,//)'C-Wui$µy9QoW* L stBE IL . �•\i�i 'y, \ ,.5 � \ .i[p NCCC:� • ,\R • \\\ VI: • 1•`.i‘\ \ , i L_ \ g ill \ \ \ t\' e\,.4 II s.. 5t �� \,,\, JJ \ .0111 I \ } ,I G;.r%I:\ '\ :�LR,CO,K a\ , 'Y . •\\\ ,air` `\\\\\\\1\ )1/ \ li 7a; ^, 1 —'`/vlly\I vA�V Aav•vv�•�Ny�'' 2 2 Il • !!: [: RYP1A \ \a. tTDP-oP BERNQAw \ ' \l \� I�I ,TOTAL MTH 1E FEET \ \ \ l • \ �-\ ter \ \ I • '((//� uwB aPTIR ,.FEET \ 4 1� • \ \ \ \ \ \ \I 11 I FI 1 q� I cN.an A rEc� \\ ` i� r•l •. ..�—\ ,,,Y`\° --, `77\\\'\\ I Oil \. I_rx 14 Et)•/�LIL ;_ II \\ _, -. v 7 \ \ J_ •.,_ \ . \L-- ` • �I �II I — KRsile�• sR.(Yi✓'r.1tB�iyL!naTFfii+i+ li.••• \ SETTLING BASIN RASED NH MIT(4Y nNYD NwOr.El \ BCC• \ / NP Q BEIM MKNSIf i \ Mix I \\\ R Y \\ IDF4%VI : S PELT �R\\ `\ INS•IIN SL E:: I IFE!aw `\ A 7r 6..2 ACRE—FEET F1 \\CN.WiT. 0.3/qC—rQT ___.•••••'L. 2.., r — -- � ` WELD COUNTY ROAD /e. __ \ �tA D Pc AgPro Environmental Services, LLC DYELANDS DAIRY, LLC 1 : s N 1 y 4311 Highway 66, Suite 4 s o Longmont, Colorado 80504 USR 1289 - SITE LAYOUT mN�o ;U r Part of Section 5, Township 7 North, Range 67 West F " x i R •o Office: 970-535-9318 Fax: 970-535-9854 of the 6th P.M., County of Weld, State of Colorado. o^'o o -\0 n oat 1111 111 IN III 1111111III11111111I11111111111111 2954952 05128/2002 02:06P Weld County CO 17' 1 of 1 R 5.00 0 0.00 J.A. "Suki" Tsukamoto 962 REOUEST FOR NOTIFICATION OF SURFACE DEVELOPMENT STATE OF COLORADO } COUNTY OF WELD } RME PETROLEUM COMPANY (formerly known as Union Pacific Resources Company) and/or RME LAND CORP. (formerly known as Union Pacific Land Resources Corporation) (collectively referred to herein as "RME") are Mineral Estate Owners (as defined in C.R.S. Section 24-65.5-102(5)) underlying the following described lands located in WELD County, Colorado(the "Subject Lands"),to-wit: Township T7N, Range R67W Section Sec 5: ALL Parcel Nos.: All surface parcels associated with the referenced legal description Pursuant to C.R.S. Section 24-65.5-103(3), RME hereby requests written notification of any and all Applications for Development (as defined in C.R.S. Section 24-65.5-102(2)) and all other proposed surface development activities on the Subject Lands in accordance with the terms of Article 24-65.5, C.R.S. Such notices should be sent to the following addresses: RME Petroleum Company RME Land Corp. do Anadarko Petroleum Corporation do Anadarko Petroleum Corporation P.O.Box 9149 AND P.O.Box 9149 The Woodlands,Texas 77387-9147 The Woodlands,Texas 77387-9147 Attn: Manager Land, Western Division Attn: Manager Property and Rights-of-Way EXECUTED this 24th day of April, 2002. RME PETROLEUM COMPANY and RME LAND CORP. (f/k/a Union Pacific Resource ompany Union Pacific Land Resources) By: , fames L. Newcomb Attorney-in-Fact for RME PETROLEUM COMPANY and RME LAND CORP. STATE OF TEXAS } COUNTY OF MONTGOMERY } The foregoing instrument was acknowledged before me this 24th day of April, 2002 by James L. Newcomb, as Attorney-in-Fact for RME Petroleum Company, a Delaware corporation and RME Land Corp., a Nebraska corporation, on behalf of said corporations. Witness my hand and official seal. ifratC&ILQii-edik NOTARY PUBLIC, State of Texas r�'� ANGELA M!CN'cLLE u"It BREATH MY COMMISSION EXPIRES g J;•nmry 7.Yt106 r'--.. $- 11111111111111111111111111n II11111 III 11111 11 11 3295892 OS/20/2005 10:09A Weld County, CO 1 of 1 R u.00 D 27.65 Steve Moreno Clerk & Recorder WHEN RECORDED RETURN TO: Terra Firma Ventures, LLC, a Colorado limited liability company SDF $27.65 P. O. Box 1245, Fort Collins, CO 80522-1245 WARRANTY DEED THIS DEED, dated June 15, 2005, between Dyecrest Dairy Limited Liability Company, a Colorado limited liability company of the County of Larimer and State of Colorado, grantor(s), and Terra Firma Ventures, LLC, a Colorado limited liability company, whose legal address is P. 0. Box 1245, Fort Collins, CO 80522-1245, of the County of Larimer and State of Colorado, grantee(s): WITNESS, that the grantor(s), for and in consideration of the sum of Two Hundred Seventy Six Thousand Five Hundred and 00/100 Dollars ($276,500.00), the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee(s), his heirs and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the County of Weld and State of Colorado, described as follows: Lot A of Recorded Exemption No. 0705-05-2-RE-3840, recorded August 31, 2004 as Reception No. 3214428, being a part of the NW1/4 of Section 5, Township 7 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado. also known by street and number as: vacant land no street address assigned, , CO TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor(s), either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee(s), his heirs and assigns forever. The orantor(s), for himself, his heirs, and personal representatives, does covenant, grant, bargain and agree to and with the grantee(s), his heirs and assigns, that of the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature whatsoever, except general taxes for the year 2005 and subsequent years, and except easements, covenants, conditions, restrictions, reservations, and rights of way of record, if any. The grantor(s) shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the grantee(s), his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth above. Dyecrest Dairy, LLC, a Colorado limited liability company BY Terence W. Dye, Man er STATE OF COLORADO )SS COUNTY OF WELD The foregoing instrument was acknowledged before me on June 15, 2005, by Terence W. Dye as Manager of Dyecrest Dairy, LLC 'lorado limited liability comps = • -.GARY r/'``hi Witness my hand- .offiClai, • • My Commission ExipDel LL L,fd , Notary Public 1/ LOCH r 5 File No. TNWS000ap \FCOt'.f "LNG lay DOC-WD Indv to Indv FEB-02-2006 THU 02:51 PM FAX NO. P. 02/02 Weld County Treasurer ursuant to the Weld County Subdivision Ordinance, the attached Statement(s) of Taxes Due, is ued by the Weld County Treasurer, are evidence of the status as of this date of all propert taxes; special assessments and prior tax liens attached to this (these) account(s). urrent year's taxes are due but not delinquent. Signed Date: a-•J��A • • FEB-02-2006 THU 02:51 PM FAX NO, P. 01/02 Report Date 0210212006 02:17PM WELD COUNTY TREASURER Page: 1 STATEMENT OF TAXES DUE SCHEDULE NO: R3250304 ASSESSED TO: TERRA FIRMA VENTURES LLC P O BOX 1245 FT COLLINS, CO 80522-1245 LEGAL DESCRIPTION: PT NW4 5 7 67 LOT A REC EXEMPT RE-3840 (1.34R.47D) PARCEL: 070505200001 SITUS ADD: TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE 2005 TAX 358.64 0.00 0.00 0.00 358.64 TOTAL TAXES 358.64 GRAND TOTAL DUE GOOD THROUGH 02/02/2006 358.64 ORIGINAL TAX BILLING FOR 2005 TAX DISTRICT 2411 - Authority MITI Levy Amount Values Actual Assessed WELD COUNTY 17.900 73.94 AGRICULTUR 14,230 4,130 SCHOOL DIST RE4 48.735 201.27 -------- NCW WATER 1.000 4.13 TOTAL 14,230 4,130 NWC WATER 0.000 0.00 POUDRE VALL FIRE 9.301 38.41 AIMS JUNIOR COL 6.357 26.25 WINDSOR LIBRARY 3.546 14.64 TAXES FOR 2005 86.839 358.64 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 PROPS RTY•AUGUST 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST SE PAID DY CASH OR CASHIERS CHECK. P.O. Box 458 Greeley, C D 80632 (970)353.845 ext.3290 N C ^"p. 6 !:f A 0, • - •ax��! fr: 14. .. r i^.,; 3m YR - r+'* '; ^.r— r: "' r�2` r- '+r. .,-, w ,.. C dYr x r ,,, I ,,g;: ff • `Ks f an.q ;,, , M M1' 99 Pi 33 a -� pi *4.;. 7.' ' Y't %111 C.'. a , „ , ,a,;,,--,,2, , ...t . _ I ,La - r - - . '4--,;- --'r ..* ♦ = � ' 4 ,ry' _ V jWt $. yg* x i �� J� �', re • NI IM ` s.- '� Y �.. rna e'x fj ^ ,. x. rot': �` t,.Y C`-9' / a 4 Sell � r : �� s �c is j y�. e A.' ' a' � ... q:Y+vYY3 ��:i'l: '( '- : ..,-<:11,4„:' 1{p *$; `.-— "' : ' µ .4.,....•,,,,A 7 `i^` a F,1a. ,- . .''!• +1>:t\ill;. r a .ir 4.a a x 454;.4,,,,,,,4,;,,,---i,,, �t:s 1*..f.t}E 58+ :;; x-. ti.`� x x.1,'1,r.^ '� LN 3 - ,'. \ \ #4,.$. "<— '$: . t :?lf Sit s,.%1 w , o .. 4"g,. a = '' 'rk'-"S'�"° :ti,_ t� yr x,wk- s• i" Pa' r , v'• - , • • • • IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS (PRIVATE ROAD MAINTENANCE) THIS AGREEMENT,made and entered into this day of ,2006,by and between the County of Weld,State of Colorado,acting through its Board of County Commissioners,hereinafter called"County," and TE12RA Fi2MeVe.vrurtfS_ LLC hereinafter called"Applicant." WITNESSETH: WHEREAS,Applicant is the owner of,or has a controlling interest in the following described property in the County of Weld,Colorado: LoTA of Rec.°4-OE.o ExEn,pno9 'Jo, olos-05 -2- tta.-39cto P,E(N(.. A PA,Lr of -p- r4vJ V9 o P SEcn ,J Sl ..Tb�.,.is t+r P 1 14 lZh,1/46nE (o7 ,.J oP n+E 6T" (,t,Mr. (kblU0LM/ , couN r'Z dF L EI.° Sams_ I Ss_ oP CA co WHEREAS, a Final Subdivision/Planned Unit Development(PUD)plat of said property, to be known as SAGE t-TILL has been submitted to the County for approval,and• WHEREAS,relevant Sections of the Weld County Code provide that no Subdivision Final Plat,Planned Unit Development Final Plat,or Site Plan shall be approved by the County until the Applicant has submitted a Subdivision Improvement Agreement guaranteeing the construction of the public improvements shown on plans,plats and supporting documents of the Subdivision Final Plat,Planned Unit Development Final Plat,or Site Plan,which improvements,along with a time schedule for completion,are listed in Exhibits "A"and"B"of this Agreement. NOW,THEREFORE,IN CONSIDERATION OF the foregoing and of the acceptance and approval of said Final Plat,the parties hereto promise,covenant and agree as follows: 1.0 Engineering Services: Applicant shall furnish,at its own expense,all engineering services in connection with the design and construction of the Subdivision or Planned Unit Development improvements listed on Exhibit "A,"which is attached hereto and incorporated herein by reference. 1.1 The required engineering services shall be performed by a Professional Engineer and Land Surveyor registered in the State of Colorado,and shall conform to the standards and criteria established by the County for public improvements. 1.2 The required engineering services shall consist of,but not be limited to,surveys,designs,plans and profiles, estimates, construction supervision, and the submission of necessary documents to the County, 1.3 Applicant shall furnish drawings and cost estimates for roads within the Subdivision or Planned Unit Development to the County for approval prior to the letting of any construction contract. Applicant shall furnish one set of reproducible"as-built"drawings and a final statement of construction cost to the County. 2.0 Rights-of-Way and Easements:Before commencing the construction of any improvements herein agreed upon, Applicant shall acquire,at its own expense,good and sufficient rights-of-way and easements on all lands and facilities traversed by the proposed improvements. 1 UWE ICU £C:TT 90/CO/To • • • • 3.0 Construction: Applicant shall furnish and install, at its own expense, the Subdivision or Planned Unit Development improvements listed on Exhibit "A," which is attached hereto and incorporated herein by reference, according to the construction schedule set out in Exhibit"B" which is also attached hereto and incorporated herein by reference. 3.1 Said construction shall be in strict conformance to the plans and drawings approved by the County and the specifications adopted by the County for such public improvements. Whenever a Subdivision or Planned Unit Development is proposed within three miles of an incorporated community located in Weld County or located in any adjacent county, the Applicant shall be required to install improvements in accordance with the requirements and standards that would exist if the plat were developed within the corporate limits of that community. If the incorporated community has not adopted such requirements and standards at the time the Subdivision or Planned Unit Development is proposed, the requirements and standards of the County shall be adhered to. If both the incorporated community and the County have requirements and standards,those requirements and standards that are more restrictive shall apply. 3.2 Applicant shall employ,at its own expense,a qualified testing company previously approved by the County to perform all testing of materials or construction that is required by the County; and shall furnish copies of test results to the County. 3.3 At all times during said construction,the County shall have the right to test and inspect,or to require testing and inspection of material and work at Applicant's expense. Any material or work not conforming to the approved plans and specifications shall be removed and replaced to the satisfaction of the County at Applicants expense. 3.4 Applicant shall furnish proof that proper arrangements have been made for the installation of sanitary sewer or septic systems,water, gas,electric and telephone services. 3.5 Said Subdivision or Planned Unit Development improvements shall be completed,according to the terms of this Agreement,within the construction schedule appearing in Exhibit"B." The Board of County Commissioners,at its option,may grant an extension of the time of completion shown on Exhibit"B"upon application by the Applicant subject to the terms of Section 6 herein. 4.0 Release of Liability: Applicant shall indemnify and hold harmless the County from any and all liability loss and damage County may suffer as a result of all suits,actions or claims of every nature and description caused by,arising from,or on account of said design and construction of improvements,and pay any and all judgments rendered against the County on account of any such suit,action or claim,together with all reasonable expenses and attorney fees incurred by County in defending such suit, action or claim whether the liability, loss or damage is caused by, or arises out of the negligence of the County or its officers, agents, employees, or otherwise except for the liability,loss,or damage arising from the intentional torts or the gross negligence of the County or its employees while acting within the scope of their employment. All contractors and other employees engaged in construction of the improvements shall maintain adequate worker's compensation insurance and public liability insurance coverage, and shall operate in strict accordance with the laws and regulations of the State of Colorado governing occupational safety and health. (THERE IS NO SECTION 5) 6.0 Approval of Streets by the County: Upon compliance with the following procedures by the Applicant,streets within a Subdivision or Planned Unit Development may be approved by the County as public roads and will be maintained and repaired by a Homeowners Association or,in its absence,the owners of lots within the Subdivision or Planned Unit Development. 6.1 If desired by the County,portions of street improvements may be placed in service when completed according to the schedule shown on Exhibit"B,"but such use and operation shall not constitute an 2 COolm XVd ££ TT 90/£0/TO approval of said portions. 6.2 County may, at its option, issue building permits for construction on lots for which street improvements detailed herein have been started but not completed as shown on Exhibit"B,"and may continue to issue building permits so long as the progress of work on the Subdivision or Planned Unit Development improvements in that phase of the development is satisfactory to the County;and all terms of this Agreement have been faithfully kept by Applicant. 6.3 Upon completion of the construction of streets within a Subdivision or Planned Unit Development and the filing of a Statement of Substantial Compliance,the applicant(s)may request in writing that the County Engineer inspect its streets and recommend that the Board of County Commissioners partially approve them. Not sooner than nine months after partial approval,the County Engineer shall,upon request by the applicant, inspect the subject streets,and notify the applicant(s)of any deficiencies. The County Engineer shall reinspect the streets after notification from the applicant(s) that any deficiencies have been corrected, If the County Engineer finds that the streets are constructed according to County standards,he or she shall recommend full approval. Upon a receipt of a positive unqualified recommendation from the County Engineer for approval of streets within the development,the Board of County Commissioners shall fully approve said streets as public but with private pay. 7.0 General Requirements for Collateral: 7.1 The value of all collateral submitted to Weld County must be equivalent to One-Hundred percent (100%)of the value of the improvements as shown in this Agreement. Prior to Final Plat approval, the applicant shall indicate which of the five types of collateral preferred to be utilized to secure the improvements subject to final approval by the Board of County Commissioners and the execution of this Agreement. Acceptable collateral shall be submitted and the plat recorded within six(6)months of the Final Plat approval. If acceptable collateral has not been submitted within six(6)months then the Final Plat approval and all preliminary approvals shall automatically expire. Applicant may request that the County extend the Final Plat approval provided the cost estimates are updated and the development plans are revised to comply with all current County standards,policies and regulations. The improvements shall be completed within one(I)year after the Final Plat approval(not one year Weer acceptable collateral is submitted) unless the applicants) requests that this Agreement be renewed at least thirty(30)days prior to its expiration and further provides that cost estimates for the remaining improvements are updated and collateral is provided in the amount of One-Hundred percent(100%)of the value of the improvements remaining to be completed. If improvements are not completed and the agreement not renewed within these time frames,the County,at its discretion, may make demand on all or a portion of the collateral and take steps to see that the improvements are made. 7.2 The applicant may choose to provide for a phased development by means of designating filings of a Planned Unit Development Final Plat or Subdivision Final Nat. The applicant would need only to provide collateral for the improvements in each filing as approved. The County will place restrictions on those portions of the property that are not covered by collateral which will prohibit the conveyance of the property or the issuance of building permits until collateral is provided or until improvements are in place and approved pursuant to the requirements for a Request for Release of Collateral. 7.3 The applicant intends to develop in accordance with Exhibits"A"and"B." 8.0 Improvements Guarantee: The five types of collateral listed below are acceptable to Weld County subject to final approval by the Board of County Commissioners. 8.1 An irrevocable Letter of Credit from a Federal or State licensed financial institution on a form approved by Weld County. The Letter of Credit shall state at least the following: 3 t00121 Ida 6£:TT 90/£0/To 8.1.1 The Letter of Credit shall be in an amount equivalent of One-Hundred percent(100%)of the total value of the improvements as set forth in Section 6.0 and Exhibits"A"and"B." 8.1.2 The Letter of Credit shall provide for payment upon demand to Weld County if the developer has not performed the obligations specified in the Improvements Agreement and the issuer has been notified of such default. 8.1.3 The applicant may draw from the Letter of Credit in accordance with the provisions of this policy. 8.1.4 The issuer of the Letter of Credit shall guarantee that,at all times the unreleased portion of the Letter of Credit shall be equal to a minimum of One-Hundred percent(100%)of the estimated costs of completing the uncompleted portions of the required improvements,based on inspections of the development by the issuer. In no case shall disbursement for a general improvement item exceed the cost estimate in the Improvements Agreement(i.e.,streets, sewers,water mains and landscaping,etc.). The issuer of the Letter of Credit will sign the Improvements Agreement acknowledging the agreement and its cost estimates. 8.1.5 The Letter of Credit shall specify that fifteen percent(15%) of the total Letter of Credit amount cannot be drawn upon and will remain available to Weld County until released by Weld County. 8.1.6 The Letter of Credit shall specify that the date ofproposbd expiration of the Letter of Credit shall be either the date of release by Weld County of the final fifteen percent(15%),or one year from the date of Final Plat approval,whichever occurs first. Said letter shall stipulate that,in any event,the Letter of Credit shall remain in full force and effect until after the Board has received sixty(60)days written notice from the issuer of the Letter of Credit of the pending expiration. Said notice shall be sent by certified mail to the Clerk to the Board of County Commissioners. 8.2 Trust Deed upon all or some of the proposed development or other property acceptable to the Board of County Commissioners provided that the following are submitted: 8.2.1 In the event property within the proposed development is used as collateral,an appraisal is required of the property in the proposed development by a disinterested Member of the American Institute of Real Estate Appraisers (M,A.I.) indicating that the value of the property encumbered in its current degree of development is sufficient to cover One-Hundred percent (100%) of the cost of the improvements as set forth in the Improvements Agreement plus all costs of sale of the property. 8.2.2 In the event property other than the property to be developed has been accepted as collateral by Weld County,then an appraisal is required of the property by a Member of the Institute of Real Estate Appraisers(M.A.I.)indicating that the value of the property encumbered in its current state of development is sufficient to cover One-Hundred percent(100%)of the cost of the improvements as set forth in the Improvements Agreement plus all costs of sale of the property. 8.2.3 A title insurance policy insuring that the Trust Deed creates a valid encumbrance which is senior to all other liens and encumbrances. 8.2.4 A building permit hold shall be placed on the encumbered property. 8.3 Escrow Agreement that provides at least the following: 8.3.1 The cash in escrow is at least equal to One-Hundred percent(100%)of the amount specified 4 SOOIRI %v3 VC:TT 90/£0/TO in the Improvements Agreement. 8.3.2 The escrow agent guarantees that the escrowed funds will be used for improvements as specified in the agreement and for no other purpose and will not release any portion of such funds without prior approval of the Weld County Board of Commissioners. 83.3 The escrow agent will be a Federal or state-licensed bank or financial institution. 8.3.4 If Weld County determines there is a default of the Improvements Agreement,the escrow agent, upon request by the County, shall release any remaining escrowed funds to the County. 8.4 A surety bond given by a corporate surety authorized to do business in the State of Colorado in an amount equivalent to One-Hundred percent(100%)of the value of the improvements as specified in the Improvements Agreement. 8.5 A cash deposit made with the County equivalent to One-Hundred percent(100%)of the value of the improvements. 9.0 Request for Release of Collateral: Prior to release of collateral for the entire project or for a portion of the project by Weld County,the Applicant must present a Statement of Substantial Compliance from an Engineer registered in Colorado that the project or a portion of the project has been completed in substantial compliance with approved plans and specifications documenting the following: 9.1 The Engineer or his representative has made regular on-site inspections during the course of construction and the construction plans utilized are the same as those approved by Weld County. 9.2 Test results must be submitted for all phases of this project as per Colorado Department of Transportation Schedule for minimum materials sampling, testing and inspections found in the Colorado Department of Transportation(CDOT)Materials Manual. 9.3 "As built"plans shall be submitted at the time the letter requesting release of collateral is submitted. The Engineer shall certify that the project"as-built"is in substantial compliance with the plans and specifications as approved, or that any material deviations have received prior approval from the County Engineer. 9.4 The Statements of Substantial Compliance must be accompanied, if appropriate, by a letter of acceptance of maintenance and responsibility by the appropriate utility company,special district or town for any utilities. 9.5 A letter must be submitted from the appropriate Fire Authority indicating the fire hydrants are in place in accordance with the approved plans. The letter shall indicate if the fire hydrants are operational and state the results of fire flow tests. 9.6 The requirements in paragraphs 9.0 thin 9.5 shall be noted on the final construction plans. 9.7 Following the submittal of the Statement of Substantial Compliance and recommendation of approval of the streets by the County,the applicant(s)may request release of the collateral for the project or portion of the project by the Board. This action will be taken at a regularly scheduled public meeting of the Board. 9.8 The request for release of collateral shall be accompanied by"Warranty Collateral"in the amount of fifteen percent (15%) of the value of the improvements as shown in this Agreement excluding improvements fully accepted for maintenance by the responsible governmental entity,special district or utility company. 5 goo[g] XVd S£:TT 90/£o/To 9.9 The warranty collateral shall be released to the applicant upon final approval by the Board of County Commissioners. 10.0 Public Sites and Omen Spaces: When the Board of County Commissioners,pursuant to a rezoning,Subdivision or Planned Unit Development,requires the dedication,development and/or reservation of areas or sites other than Subdivision or Planned Unit Development streets and utility easements of a character,extent and location suitable for public use for parks,greenbelts or schools,said actions shall be secured in accordance with one of the following alternatives,or as specified in the Planned Unit Development(PUD)Plan,if any: 10.1 The required acreage as may be determined according to the Weld County Subdivision Regulations shall be dedicated to the County or the appropriate school district,for one of the above purposes. Any area so dedicated shall be maintained by the County or school district, 10.2 The required acreage as determined according to Chapter 24 of the Weld County Code, may be reserved through deed restrictions as open area, the maintenance of which shall be a specific obligation in the deed of each lot within the Subdivision or Planned Unit Development. 10.3 In lieu of land,the County may require a payment to the County in an amount equal to the market value at the time of Final Plat submission of the required acreage as determined according to Chapter 24 of the Weld County Code. Such value shall be determined by a competent land appraiser chosen jointly by the Board and the Applicant. The cash collected shall be deposited in an escrow account to be expended for parks at a later date. 11.0 Successors and Assigns: This Agreement shall be binding upon the heirs,executors,personal representatives, successors and assigns of the Applicant, and upon recording by the County, shall be deemed a covenant running with the land herein described,and shall be binding upon the successors in ownership of said land. 6 LOO Xv3 56:TT 90/£0/TO IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed on the day and year first above written. APPLICANT: APPLICANT: TITLE: !YtAN.)AC,,•j . n.n.Cfrit5 Subscribed and sworn to before me this Btm day of F€(SRAm .a Zp Oto. 1 , My Commission expires: , It "Lt - Notary Public 00it M %/ `�p'�AI p • ►lc m.o s1r ATTEST: ��i�s�q� `U�``GO�i�e�` BOARD OF COUNTY COMMISSIONERS "/,/OF CO'\w`` WELD COUNTY,COLORADO Weld County Clerk to the Board ,Chair BY: Deputy Clerk to the Board APPROVED AS TO FORM: County Attorney 7 900[21 11/4 OrIT 90/CO/T0 EXHIBIT "A" Name of Subdivision or Planned Unit Development: Settle N I LL Filing: 14/4 1 PuP Go.is isnNG nF 9 Lurl Location: SE CotMs,. of Wc,t /5 R.r4 WC,- 86 Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout this Subdivision or Planned Unit Development the following improvements. (Leave spaces blank where they do not apply) Improvements Quantity Units Unit Estimated Construction Costs Cost Site grading Street grading 14,500 Cv $3/cy /3,Soo Street base l,6kr TM SS/0/174 %27,6314 Street paving 5,2Ys SV $t2.53/sY X65,715. ss Curbs,gutters, and culverts Sidewalk Storm sewer facilities 35o LF p25/4F $ %,n?) Retention ponds 3,00e Gv -f3/cy 19,000 Ditch Improvements Soo CY $.3/c.`: .$ 90,> Subsurface drainage Sanitary sewers Trunk and forced lines Mains Laterals(house connected) On-site sewage facilities On-site water supply and storage Water Mains(includes bore) / gsa LE. B n/LF $4o,7o i Fire hydrants 5 pp 622cu/E 4 Sit , o OD Survey and street monuments and boxes Street lighting Street Names 1 EA t 7&6/ -7*6 Fencing requirements Landscaping Park improvements Road culvert Grass lined swale Telephone cf Lon $loot/Ln 9,coo Gas 2,087 LF $7/LF 14,000 Electric q Lars f toy/t r 141436,ODD Water transfer SUB-TOTAL: Engineering and Supervision Costs$ /0,000 (Testing,inspection,as-built plans and work in addition to preliminary and final plat;supervision of actual construction by contractors) TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $ 24G,9 89 - 8C 8 0001] ZYd 9E:TT 90/E0/TO The above improvements shall be constructed in accordance with all County requirements and specifications, and conformance with this provision shall be determined solely by Weld County,or its duly authorized agent. Said improvements shall be completed according to the construction schedule set out in Exhibit"B." By: Applicant A t MANA(a MEMRErL5 Date: FES. $ ,20oG . Title (If corporation,to be signed by President and attested to by Secretary,together with corporate seal.) • 0 T In %vd 9E:TT 00/Co/TO EXHIBIT "B" Name of Subdivision or Planned Unit Development: SAC.F N L L Filing: a/A — 1 ?up ca gs ,~ n..( OF 9 Le73 . Location: SE CeF...Je2 0E Vic2 is rt«p 14/C it 8 Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout this Subdivision or Planned Unit Development the following improvements. All improvements shall be completed within / years from the date of approval of the final plat.Construction of the improvements listed in Exhibit"A"shall be completed as follows: (Leave spaces blank where they do not apply.) Improvements Time for Completion Site grading G Wks Street base Z trks Streetpaving Curbs,gutters,and culverts / we Sidewalk Storm sewer facilities 2 W Lc J.etention ponds 2 w .c Ditch improvements / wk Subsurface drainage Sanitary sewers Trunk and forced lines Mains Laterals(house connected) On-site sewage facilities On-site water supply and storage Water mains 5 W t;c Fire hydrants / UYk Survey and street monuments and boxes . Street lighting Street name signs / pm, Fencing requirements Landscaping Park improvements Road culvert Grass lined swale Telephone Wkr Gas ywkr Electric 'furs Water Transfer SUB-TOTAL: 3`f wks 10 TTOgj XV3 LE:TT 90/CO/TO The County,at its option,and upon the request of the Applicant,may grant an extension of time for completion for any particular improvements shown above,upon a showing by the Applicant that the above schedule cannot be met. By: /A 7577 Applicant cant DA-JAG n-,6s e-t Date: Fe3. 8 ,20 o C Title (If corporation,to be signed by President and attested to by Secretary,together with corporate seal.) II ZT0E Xd3 L£:TT 90/£0/To MEMORANDUM TO: Sheri Lockman, Planning Dgp nt DATE: 08-August-2005 FROM: Peter Schei,P.E., Pub!' Department V�` l • SUBJECT: PZ-1093 Eagle Ridge Estates PUD (Sketch l3lsn).doc COLORADO Weld County Public Works Department has reviewed this change of zone request. Comments made during this phase of the subdivision process may not be all-inclusive, as other concerns or issues may arise during the remaining application process. Comments General Comments: ❑ The Eagle Ridge Estates PUD Subdivision is planned for up to 9 single-family residential building sites. External Roadways: ❑ This development will introduce 86 additional vehicle trips per day to the off-site roadway system based on 9 single-family residential homes. Based on the proposal and impact on surrounding roads,a traffic study is currently not required. o Off-site roadway improvements are not foreseen at this time. ❑ CR 15 is classified by the County as a local paved road (Weld County Roadway Classification Plan, June 2002) adjacent to the proposed development requiring a 60-foot right-of-way. The applicant shall verify the existing right-of-way and the documents creating the right-of-way shall be noted (labeled & dimensioned) on the change of zone plat.. The applicant shall verify the existing right-of-way and the documents creating the right-of-way shall be noted on the final plat. ❑ CR 86 is not recognized as a County local gravel roadway adiacent to the north boundary of the proposed development. Public Works ask the applicant to verify the existing section line right-of-way and the documents creating the right-of-way shall be noted on the change of zone plat. If the section line right-of-way cannot be verified,it shall be dedicated on the final plat. Internal Roadways: ❑ Internal roads are required to meet Weld County criteria for a PUD. The internal roadway right-of-way shall be sixty(60)feet in width including cul-de-sacs with a sixty-five (65) foot radius, and dedicated to the public. The cul-de-sac edge of pavement radius shall be fifty(50)feet. o The typical section of interior roadway shall be shown as two 12-foot paved lanes with 4-foot gravel shoulders on the change of zone plat ❑ The applicant shall prepare a pavement design prepared by a professional engineer submitted with the final plan materials. ❑ Easements shall be shown on the final plat in accordance with County standards (Sec.24-7-60) and / or Utility Board recommendations. ❑ Intersection sight distance triangles at the development entrance(s)will be required. All landscaping within the triangles must be less than 3'/2 feet in height at maturity,and noted on the final roadway plans. ❑ The applicant shall submit to Public Works stamped,signed and dated final plat drawings and roadway/construction&grading plan drawings for review with the final plan application and approval. 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. Page 1 oft _.. ❑ The applicant shall submit Improvements Agreements According to Policy Regarding Collateral for(on-site) Improvements with the final plan application. These agreements must be reviewed by Public Works and shall be approved by the Board of County Commissioners(BOCC)prior to recording any final plat. Drainaee• ❑ A final drainage report stamped, signed and dated by a professional engineer licensed in the State of Colorado shall be submitted with the final plan application. o The 5-year storm and 100-year storm drainage studies shall take into consideration off-site flows both entering and leaving the development. Increased runoff due to development will require detention of the 100-year storm developed condition while releasing the 5-year storm existing condition. The engineer will be required to show stormwater(detention)detailed calculations in the sealed final drainage report. o The final drainage report shall include a flood hazard review documenting any FEMA defined floodways. The engineer shall reference the specific map panel number, including date. The development site shall be located on the copy of the FEMA map. o The applicant must show the proposed detention facility and corresponding easement on the final plan materials. The maintenance of the detention pond shall be addressed. ❑ The applicant shall prepare a construction detail for typical lot grading with respect to drainage for the final plan application. Front, rear and side slopes around building envelopes must be addressed. In addition, drainage for rear and side lot line swales shall be considered. Building envelopes must be planned to avoid storm water flows, while taking into account adjacent drainage mitigation. ❑ Final drainage construction and erosion control plans (conforming to the drainage report) stamped, signed and dated by a professional engineer licensed in the State of Colorado shall be submitted with the final plan application. These plans (stormwater management plans)may be based on Urban Drainage methodology. Recommendation ❑ The Public Works Department recommends approval of this change of zone based on the above observations. The-applicant shall address the comments listed above at the specific step of the review process stated. The review process will continue only when all appropriate elements have been submitted. Any issues of concern must be resolved with the Public Works Department prior to recording the change of zone and final plat. • PC:PZ-1093 Eagle Ridge Estates PUD (Zone Change) Email&Original: Planner: Lockman PC by Post: Applicant: Timothy Halopoff, P.E. PC by Post: Engineer: Tim Halopoff w/JR Engineering — --.----.— Page 2 of 2 .-_ Terra Firma Ventures, LLC P.O. Box 1245 Fort Collins Colorado 80522-1245 February 6, 2006 Sheri Lockman Weld County Planning Department 918 10th Street Greeley, CO 80631 RE: Section 27-7-30.L of the Weld County Code/Sage Hill PUD—PZ 1093 Dear Ms. Lockman, Terra Firma LLC is a group of nine individuals with the financial backing to complete the Sage Hill project without financing if needed. However, financing has been obtained with Adams Bank and Trust in Firestone, CO for the construction costs associated with this development. The estimated costs for the street, waterline, storm drainage facilities, utilities to serve the individual lots and all other facilities necessary to serve the site will be approximately$350,000 or less. In addition, Adams Bank and Trust will be providing a Letter of Credit to assure that the infrastructure will be completed as planned and maintained and/or repaired as required. If you have any questions or concerns, please don't hesitate to call me at 970-215-5299. Thank you, Tim Halopoff Managing Member Terra Firma Ventures, LLC DECLARATION OF COVENANTS,CONDITIONS, RESTRICTIONS,AND EASEMENTS FOR SAGE HILL THIS DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS FOR SAGE HILL is made and entered into this day of July, 2005, by TERRA FIRMA VENTURES, LLC, a Colorado Limited Liability Company(Declarant). RFCITAI.S A. Declarant is the owner of certain real property located in the County of Weld, State of Colorado, legally described on Exhibit "A" attached hereto and incorporated herein by this reference(Property). The Property is subject to this Declaration. B. The purpose of Declarant in making this Declaration is to create a planned common interest community known as Sage Hill in accordance with the Colorado Common Interest Ownership Act, C.R.S. § 38-33.3-101, O seq , as amended and supplemented from time to time. C. Declarant intends to ensure the attractiveness of the Property, including the residences and other improvements constructed on it; to protect and enhance the values and amenities of the Property; to provide for the administration, operation, use and maintenance of common element; and to promote the health, safety and welfare of the Owners of property in the Project. ARTICLE I. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 1.1 Imposition of Covenants Declarant hereby makes, declares, and establishes the following covenants, conditions, restrictions, and easements (Covenants) which shall affect all of the Property. From this day forward, the Property shall constitute a planned common interest community known as Sage Hill (Residential Community) under the Act and shall be held, sold and conveyed subject to these Covenants. These Covenants shall run with the land and shall be binding upon all Persons having any right, title, or interest in all or any part of the Property, including Declarant, and its heirs, successors, assigns, tenants, employees, guests, and invitees. These Covenants shall inure to the benefit of each Owner of the Property or part thereof. 1.2 Development and I ise. Upon completion, the Residential Community shall consist of a maximum of 9 Lots for single family residential use. No Lots in excess of that number may be established on the Property or by the subdivision of existing Lots. 1 ARTICLE II. DEFINITIONS When used in this Declaration, unless the context clearly indicates otherwise, capitalized terms not otherwise defined in the Act are defined as follows: 2.1 "Act" or "CCIOA" shall mean and refer to the Colorado Common Interest Ownership Act, C.R.S. §38-33.3-101, 0 seq, as amended and supplemented from time to time, or any successor legislation to these statutes. 2.2 "Allocated Interests" shall mean and refer to liability for Common Expenses and votes in the Association. 2.3 "Annual Assessments" shall mean the Assessments levied annually pursuant to Section 8.3. 2.4 "Articles" or "Articles of Incorporation" shall mean and refer to the Articles of Incorporation which have been filed with the Secretary of State of Colorado to create Sage Hill Residential Association, as such Articles may be amended from time to time. 2.5 "Assessments" shall mean and refer to all Common Expense Assessments, Special Assessments, Default Assessments, Individual Assessments and Fines levied by the Executive Board pursuant to this Declaration, the Bylaws or the Rules and Regulations. 2.6 "Association" or "Residential Association" shall Sage Hill Residential Association, a Non-Profit Corporation, or any successor to said Association by whatever name, charged with the duties and obligations set forth in these Covenants. 2.7 "Bylaws" shall mean and refer to any instructions, however denominated, which are adopted by the Residential Association for the regulation and management of the Residential Association, including amendments to same. 2.8 "Common Element" shall mean and refer to any real estate, easements or other real estate interests within the Residential Community owned or leased by the Association, other than a Lot. Unless otherwise permitted by amendment of this Declaration, the "Common Element" shall be limited to the real property described on Exhibit "A" attached hereto and incorporated herein by this reference, and the Improvements located (or to be located) thereon, and other appurtenances as are necessary or desirable for the full use and enjoyment by of such Improvements by the Members of the Association and Owners and occupants of Lots within The Residential Community. 2.9 "Common Expense Assessments" shall mean and refer to all Assessments made for Common Expenses and levied by the Executive Board. 2.10 "Common Expenses" shall mean and refer to the expenditures made or financial liabilities incurred for the ownership, use, operation, regulation, maintenance and repair of the 2 Common Element and operation and management of the Residential Association. These expenses include,but are not necessarily limited to: (a) Expenses of administering, maintaining, leasing, insuring, repairing or replacing the Common Element and facilities and improvements located thereon. (b) Expenses declared to be Common Expenses by this Declaration. (c) Expenses agreed upon as Common Expenses by the Association. (d) Such reasonable reserves as may be established by the Association, whether held in trust or by the Association, for repair, replacement or addition to the Common Element or any other real or Personal property acquired or held by the Association. (e) Management fees. (f) Expenses incurred in connection with the use, operation, maintenance and repair of the Common Element and such other features as the Association shall deem reasonable and prudent or as are required by law or contract. (g) Taxes, fees, and similar charges. 2.11 "Declarant" shall mean and refer to Terra Firma Ventures, LLC, or any other Person or group of Persons acting in concert who (a) as a part of a common promotional plan, offers to dispose of to a purchaser a Declarant's interest in a Lot not previously disposed of to a purchaser; or (b)reserves or succeeds to any Special Declarant Right. 2.12 "Declaration" shall mean and refer to this Declaration of Covenants, Condition, Restrictions and Easements for Sage Hill, including any amendments hereto and also including, but not limited to, any Plats of The Residential Community recorded in the Office of the Clerk and Recorder of Weld County, Colorado. 2.13 "Default Assessment" shall mean an Assessment levied by the Association pursuant to Article X. 2.14 "Design Guidelines" shall mean the guidelines and rules published and amended and supplemented from time to time by the Design Review Committee. 2.15 "Design Review Committee" or "Committee" or "DRC" shall mean the committee formed pursuant to Article VI to maintain the quality and architectural harmony of Improvements in the Residential Community. 2.16 "Director" shall mean and refer to a member of the Executive Board. 2.17 "Dispose" or "Disposition" shall mean and refer to a voluntary transfer of any legal or equitable interest in a Lot,but the term does not include the transfer or release of a Security Interest. 3 2.18 "Documents" shall mean and refer to this Declaration, any Plat as recorded and filed, the Articles, the Bylaws, and the Rules and Regulations as they may be amended from time to time, together with any exhibit, schedule or certificate accompanying such Documents. 2.19 "Executive Board" shall mean and refer to the Executive Board designated in the Declaration to act on behalf of the Association. 2.20 "Expansion Property" shall mean such additional real property owned or subsequently acquired by Declarant or subject to an option to purchase held by Declarant, which Declarant may make subject to the provisions of this Declaration by duly recorded Declaration of Annexation. 2.21 "Fines" shall mean and refer to any monetary penalty imposed by the Executive Board against a Member or Owner because of a violation of this Declaration, the Articles, the Bylaws or the Rules and Regulations by such Member or Owner, a member of the Owner's family or tenant or guest of the Owner. 2.22 "Improvement(s)" shall mean all buildings, structures, parking areas, fences, walls, decorative landscaping features, hedges, plantings, and other landscaping, lighting, poles, driveways, roads, ponds, irrigation facilities, swimming pools, recreational equipment, signs, changes in any exterior color or shape, excavation and all other site work, including, without limitation, grading, road construction, utility improvements, removal of trees or plantings, and any new exterior construction or exterior improvement which may not be included in the foregoing. "Improvement(s)" does not include turf, shrub, or tree repair or replacement of a magnitude which does not change exterior colors or exterior appearances. "Improvement(s)" includes both original improvements and all later changes and improvements. 2.23 "Landscaping" shall mean and refer to a space of ground covered with lawn, wound cover, shrubbery, trees, flowers and other plant materials which may be complimented with earthen berms, masonry, rock or bark mulch or other wound cover and other similar landscaping materials, together with irrigation/sprinkler systems associated with same (but excluding such systems if owned by another entity with which the Association contracts for such service), all harmoniously combined with other Improvements. 2.24 "Limited Common Element" shall mean a portion of the Common Element, designated in this Declaration, or on any Plat or Map, or by the Act, for the exclusive use of one (1) or more but fewer than all of the Lots. The Board may designate parts of the Common Element from time to time for use by less than all of the Lot Owners. 2.25 "Lot" shall mean and refer to a physical portion of the Residential Community in Sage Hill which is designated for separate ownership or occupancy and the boundaries of which are described in or determined from the applicable declarations and recorded Plats. The governing legal descriptions of the Lots shall be determined in accordance with the appropriate recorded Plat and declaration. Such Lots shall be governed by this and such other declarations as apply to each Lot. 4 2.26 "Manager" shall mean and refer to a Person employed or engaged to perform management services for the Association. 2.28 "Member" shall mean any Person holding membership in the Residential Association. 2.30 "Mortgage" shall mean any mortgage, deed of trust, or other document which is recorded in the office of the Clerk and Recorder of Weld County, Colorado, and which encumbers any portion of the Property or interest therein as security for the payment of a debt or obligation. 2.31 "Owner" shall mean the Owner of record, including Declarant, and including a contract purchaser, whether one (1) or more Persons of fee simple title to any Lot, but shall not mean or refer to any Person who holds such interest merely as security for the performance of a debt or other obligation, including a Mortgage, unless and until such Person has acquired fee simple title pursuant to foreclosure or other proceedings. 2.32 "Period of Declarant Control" shall mean the period during which Declarant may appoint and remove Directors and officers of the Association as permitted under the Act. The Period of Declarant Control will begin on the date this Declaration is first recorded in the office of the Clerk and Recorder of Weld County, Colorado, and will end no later than: (i) sixty (60) days after conveyance of seventy-five percent (75%) of the Lots that may be created within the Property and the Expansion Property, to Owners other than Declarant; (ii)two (2) years after the last conveyance of a Lot by Declarant in the ordinary course of business; or, (iii) the date on which Declarant voluntarily terminates the Period of Declarant Control by recording a notice to that effect in the office of the Clerk and Recorder of Weld County, Colorado, whichever of the foregoing dates or events occurs first. 2.33 "Person" means a natural Person, a corporation, a partnership, a limited liability company, an association, a trust or any other entity or combination of the foregoing. 2.34 "Plat" shall mean any engineering survey or surveys of all or part of the Property, together with such other diagrammatic plans and information regarding the Property as may be required by the Act or other applicable law, or as may be included in the discretion of Declarant, as each such survey may be amended and supplemented from time to time, and all as recorded in the office of the Clerk and Recorder of Weld County, Colorado. 2.35 "Property" shall mean and include the property described on Exhibit "A" and initially subjected to this Declaration and any Expansion Property from time to time made subject to these Covenants. 2.36 "Residential Community" shall mean Sage Hill, a planned common interest community as defined by the Act created by this Declaration, consisting of the s Property, including any Expansion Property, and all of the Improvements located on the Property. 2.37 "Residential Community Documents" shall mean the basic documents creating and governing the Sage Hill, including, but not limited to, this Declaration, the Articles of Incorporation and Bylaws, the Design Guidelines, the Residential Community Rules and Regulations, and any other procedures, rules, regulations or policies adopted under such documents by the Association. 2.38 "Security Interest" shall mean and refer to an interest in real estate or Personal property, created by contract or conveyance, which secures payment or performance of an obligation. The term includes a lien created by a mortgage, deed of trust, trust deed, security deed, contract for deed, land sales contract, lease intended as security, assignment of lease or rents intended as security, pledge of an ownership interest in an association, and any other consensual lien or title retention contract intended as security for an obligation. 2.39 "Security Interest Holder" shall mean and refer to a Person owning a Security Interest in a Lot situated on the Property, except the Security Interest for real property taxes and assessments made by Weld County, Colorado, or other governmental authority having jurisdiction over The Residential Community. 2.40 "Special Assessment" shall mean an Assessment levied pursuant to Section 10.4 by Executive Board. 2.41 "Special Declarant Rights" shall mean and refer to the rights reserved for the benefit of the Declarant to perform those acts specified in this Declaration. 2.42 "Successor Declarant" shall mean any Person to whom Declarant assigns any or all of its rights, obligations or interest as Declarant, as permitted by the Act and Residential Community Documents. ARTICLE III. THE RFSTDFNTTAI COMMI TNITY 3.1 Establishment of Planned Community. By this Declaration, the Residential Community is established as a planned common interest community under the Act, consisting initially of 9 Lots. Declarant reserves the rights to incorporate a total of up to 9 Lots within the Residential Community. 3.2 Declaration of Lnt Boundaries. The boundaries of each Lot are designated on the Plat, and each Lot is identified by the number or address noted on the Plat. 3.3 Plat. The Plat shall conform to the requirements of the Act and shall be filed for record in the office of the Clerk and Recorder of Weld County, Colorado. The Plat may be filed as a whole or as a series of Plats from time to time. Any Plat filed subsequent to the first Plat shall be termed a supplement to the Plat, and the numerical sequence of each supplement shall be shown on it. 6 ARTICLE IV. ASSOCIATION AS ATTORNEY-IN-FACT Each and every Owner hereby irrevocably constitutes and appoints the Association as such Owner's true and lawful attorney-in-fact in such Owner's name, place, and stead for the purpose of dealing with any Improvements on the Common Element upon damage or destruction or a complete or partial taking by condemnation as provided herein. Acceptance by any grantee of a deed or other instrument of conveyance from Declarant or from any Owner shall constitute appointment of the Association as attomey-in-fact as provided in this Article. As attorney-in-fact, the Association shall have full and complete authorization, right, and power to make, execute, and deliver any contract, assignment, deed, waiver, or other instrument with respect to the interest of any Owner which may be necessary or appropriate to exercise the powers granted to the Association as attomey-in-fact. ARTICLE V. THE ASSOCIATION 5.1 Association Management Duties. Subject to the rights and obligations of Declarant as set forth in this Declaration, and the rights and obligations of the Owners, the Association shall be responsible for the administration and operation of the Property as provided by this Declaration. In addition, the Association may undertake contractual responsibilities relating to other Property, facilities or services that are used by or available to the Owners under arrangements, including, without limitation, those described in this Article. The Executive Board shall exercise for the Association all powers, duties and authorities vested in or obligated to be taken by the Association and not reserved to Declarant, or other applicable law. 5.2 Common Element and improvements. Declarant shall transfer to the Association by Special Warranty Deed those tracts constituting the Common Element located within the Property, from time to time, subject to various easements as dedicated on any Plat or by separate recorded instrument. Declarant shall transfer to the Association by written instrument any Improvements located on the Common Element after the Declarant has completed the construction of such Improvements thereon. From time to time before the expiration of the Special Declarant Rights Period, Declarant may, but shall not be obligated to, convey to the Association, by written instrument recorded with the Clerk and Recorder of Weld County, Colorado, certain other parts of the Property (including the Expansion Property) as Common Element. The Common Element generally is designated by this Declaration for the common use, benefit and enjoyment of the Owners, Occupants, employees, tenants, guests and invitees, and such other Persons as may be permitted to use the Common Element, as Declarant may specify. Nothing in this Declaration or the other Residential Community Documents shall be construed as a dedication to public use, or a grant to any public, or quasi-public authority or utility, or an assumption of responsibility for the maintenance of any Common Element by such authority or utility, absent an express written agreement to that effect. 7 5.3 Association's Responsihility for Common Element, The Association, subject to the rights and obligations of the Owners set forth in this Declaration, shall be responsible for the management and control of the Common Element conveyed pursuant to Section 5.2, above, and all Common Facilities and Improvements on the Common Element (including any equipment related thereto), and shall keep it in good, clean, and attractive condition and repair, pursuant to the terms and conditions of this Declaration. The Association shall maintain, repair, replace, beautify and keep neat, attractive, and in good order all of the Common Element, Common Facilities, Improvements, Landscaping, exterior lighting, open space, wetlands owned by or which is the responsibility of the Association. Any use of the Common Element and Common Facilities by Owners, Occupants, employees, tenants, guests and invitees, and such other Persons permitted access to the Common Element shall be subject to and governed by any applicable Residential Community Rules. The Association, acting through the Executive Board, may grant easements, rights-of-way, leases, licenses and concessions through or over the Common Element without the independent approval by the Owners; subject, however, to the right of Declarant and the Owners to use the Common Element as provided in this Declaration. 5.4 Membership. Every Owner shall be a Member of the Association. Membership shall be appurtenant to and may not be separated from Ownership of any Lot. No Owner, whether one (1) or more Persons, shall have more than one (1) Membership per Lot owned, but all of the Persons owning each Lot shall be entitled to rights of Membership and of use and enjoyment appurtenant to such Ownership. 5.5 Classes of Membership and Voting Rights. The Association shall have one class of voting Membership composed of all Owners, including Declarant. All Members shall be entitled to vote on Association matters on the basis of each Member's Ownership Interest, as defined. The votes cast in favor or in opposition to any issue before the Membership shall be tallied on the basis of the Owners' Membership Interests in the Property actually voting. Any dispute concerning the Owners' Membership Interests voting on an issue shall be determined by reference to the real estate records of Weld County including the Final Plat and any amendments thereto and recorded Documents, or the most recent Declaration of the Declarant or Executive Board, whichever applies. When more than one Person is an Owner of any Lot, all such Persons shall be Members. The vote for such Lot may not be divided, but must be a single act exercised by one Person as the Owners collectively determine. Any Person, upon becoming a Member, on request shall furnish to the Secretary of the Association a photocopy or certified copy of the recorded instrument, lease, or other written evidence, vesting the party with the interest required to become a Member of the Association. 5.6 Allocated Interests. The liability for Common Expense and votes in the Association allocated to each Lot are set forth as follows: (a) Except as specifically provided to the contrary in this Declaration, the 8 percentage of liability for Common Expenses shall be allocated on the basis of each Owner's Membership Interest for their respective Lot(s) in the Residential Community; and, (b) The number of votes in the Association shall be allocated on the basis of each Owner's Membership Interest for their respective Lot(s) in the Residential Community. 5.7 Appointment of Officers and Directors by Declarant. Until the expiration of the Period of Declarant Control, Declarant shall retain the exclusive powers to appoint and remove the Directors on Executive Board and Officers of the Association. Notwithstanding the foregoing, Declarant may voluntarily surrender the right to appoint and remove the Directors and Officers of the Association before the end of the Period of Declarant Control by providing a notice to that effect to the Association and otherwise complying with the procedures for termination of this Special Declarant Right. Upon voluntarily terminating this Special Declarant Right in advance of the expiration of the Period of Declarant Control, Declarant may require that specified actions of the Association as described in an instrument executed and recorded by Declarant in the office of the Clerk and Recorder of Weld County, Colorado, be approved by Declarant before those actions become effective. 5.8 Budget. Within thirty (30) days after adoption of any proposed budget for the Association, the Board shall mail, by ordinary first-class mail, or otherwise deliver, a summary of the budget to the Owners and shall set a date for a meeting of the Owners to consider ratification of the budget not less than fourteen (14) nor more than sixty (60) days after mailing or other delivery of the summary. Unless at that meeting the budget is rejected by the vote or agreement of Owners of Lots to which at least sixty-seven percent (67%) of the Owner's Membership Interests in the Association are allocated, then the budget is ratified, whether or not a quorum is present. In the event that the proposed budget is rejected, the periodic budget last ratified by the Owners shall be continued until such time as the Owners ratify a subsequent budget proposed by the Board. 5.9 Owners' and Association's Addresses for Notices. All Owners of each Lot shall have one and the same registered mailing address to be used by the Association or other Owners for notices, bills, and all other communications regarding Association matters. The address shall be that which is assigned by Weld County unless the Owner or Owners of a Lot shall furnish a different registered address to the Secretary of the Association after receiving title to the Lot. The registration shall be in written form and signed by all of the Owners of the Lot or their authorized representative(s). If all of the Owners cannot agree, then the assigned address of the Lot shall be deemed the registered address until another registered address is furnished as required under this Section. If the address of the Lot is the registered address of the Owners, then any notice shall be deemed duly given if delivered to any Person occupying the Lot or sent to the Lot by first class mail. If the Lot is unoccupied, the notice shall be held and available for the Owners at the principal office of the Association. All notices, demands, and correspondence intended to be served upon the Executive 9 Board shall be sent to the address of the Association or such other address as the Board may designate from time to time by a notice delivered to all Owners in accordance with this Section. 5.10 Compliance with Documents. Each Owner shall abide by and benefit from the provisions, covenants, conditions, and restrictions contained in the Residential Community Documents. 5.11 Rules and Regulations. The Association, from time to time and subject to the provisions of the Residential Community Documents, may adopt, amend and repeal "Residential Community Rules and Regulations" governing, among other things and without limitation: (a) The use of the Common Element and Common Facilities; and (b) The use of parking facilities, streets, driveways, sidewalks, trails, trash and recycling storage, and similar amenities, if any, within the Residential Community. A copy of the Residential Community Rules and Regulations in effect shall be distributed to each Member of the Association. Any change in the Residential Community Rules and Regulations shall be distributed to each Member within a reasonable time following the effective date of the change. Without limiting the generality of the foregoing, the Board may suspend voting rights of a Member after notice and hearing and take such enforcement action as provided in the Bylaws for an infraction of the Residential Community Rules and Regulations. 5.12 Cooperation with Other Associations. The Association shall have the right, power and authority to contract in writing with other Associations governing common interest communities within the Residential Community for services involved in management of the Association's affairs. Any such contract may provide for payment by the Association of the reasonable estimated expense of providing such services, including in such event the fair share of the overhead expenses of the other Association. 5.13 Cooperation with i.oral Government. The Association will cooperate with local governmental and quasi-governmental authorities in all respects to enable the Association and such authorities to efficiently and economically provide their respective services to the Owners. It is contemplated that from time to time either the Association or any of those authorities may use the services'of the other in furthering their respective obligations, and they may contract with each other to better provide for such cooperation. 5.14 Cooperation with Developers. The Association may cooperate with developers of adjacent parcels, including, without limitation, parcels developed for residential or commercial purposes, in all respects to enable the Association and the Owners of such properties and/or Associations representing same, to efficiently and economically provide appropriate services to the Owners of the respective parcels. It is contemplated that from time to time either the Association or any of those authorities may use the services of the other in furthering their respective obligations, and that they may contract with each other to better provide for such cooperation and services. 10 5.15 Manager. The Association may employ or contract for the services of a Manager to act for the Association in the furtherance of Association purposes according to the powers and duties delegated to the Manager pursuant to the Bylaws or resolution of the Board, provided that no such employment shall be by a contract having a term of more than three (3) years, and each such contract shall be subject to cancellation by the Association on ninety(90) days or less prior notice without cause and without payment of a termination fee. The Manager shall not have the authority to make expenditures for additions or Improvements except upon specific prior approval and direction by the Board. The Board or any officer of the Association shall not be liable for any omission or improper exercise by a Manager of any such duty, power, or function so delegated by written instrument executed by or on behalf of the Board. 5.16 Delegation by Association Hoard. Without limiting the generality of the provisions in this Article, the Executive Board may delegate certain of its powers to any committee or other entity that the Board may choose to form. Any delegation by the Board under this Article is subject to compliance with the Bylaws, and the Board, when so delegating, will not be relieved of its responsibilities under the Residential Community Documents. 5.17 Ownership of Personal Property and Real Property for Common Use. The Association, through action of its Executive Board, may acquire, hold, and Dispose of tangible and intangible Personal Property and real Property. The Board, acting on behalf of the Association, shall accept any real or Personal Property, leasehold, or other Property interests within the Residential Community and conveyed to the Association by Declarant. 5.18 F{poks and Records. The Association shall make available for inspection, upon request, during normal business hours or under other reasonable circumstances to Owners and holders of Security Interests, current copies of the Residential Community Documents and the books, records, and financial statements of the Association prepared pursuant to the Bylaws. Any Owner or Security Interest Holder may make a written request to the Association for a copy of the financial statements for the preceding year. The Association may charge a reasonable fee for copying such materials. 5.19 Maintenance Reserves. The Association shall establish and maintain an adequate reserve fund from Annual Assessments for maintenance, repair or replacement of Common Element and Improvements and for any other facilities for which contribution from the Association is required. 5.20 implied Rights and Obligations. The Association shall perform all of the duties and obligations imposed on it expressly by the Residential Community Documents, together with every other duty or obligation reasonably to be implied from the express provisions of the Residential Community Documents or reasonably necessary to satisfy any such duty or obligation reasonably to be implied from the express provisions of the Residential Community Documents or reasonably necessary to satisfy any such duty or obligation. The Association may exercise any other right or privilege: (i) given to it expressly by the Residential Community Documents; 11 (ii) reasonably to be implied from the existence of any right or privilege given expressly by the Residential Community Documents; or, (iii) reasonably necessary to effectuate any such right or privilege. 5.21 Litigation Matters. The Association and its officers and Directors shall have no obligation, right, or authority, to administer, manage, investigate, report, litigate, arbitrate, mediate or otherwise be involved in any claims or disputes asserted, or which might be assertable, by individual Owners against any Declarant, Owner, developer, contractor or other party with regard to alleged construction defects, express or implied construction warranties or similar claims or actions pertaining to any Building or other Improvements constructed in or on any Lot within the Residential Community (Claim). Without limiting the foregoing, the Association shall not be considered a proper party in interest in any such action or proceeding with respect to any Claim. Without limiting the foregoing, the Association shall not be involved directly or indirectly, in organizing, administering, supervising, managing or otherwise soliciting involvement in any class action or litigation in connection with any Claim. Nothing herein contained shall be construed as limiting the rights and obligations of the Association with respect to the assertion of claims with respect to any Improvements located within or upon the Common Element, nor shall it preclude the assertion of any Claims directly by an individual affected Owner of a Lot. Due to the foregoing restriction, neither the Executive Board nor the Association will have any obligation, responsibility or liability to any Owner or Member on account of the existence of any Claims or refusal of the Association or the Executive Board to pursue any such Claims. ARTICLE VI. DESIGN REVIEW COMMITTEE 6.1 Committee and Guidelines. There is hereby established a Design Review Committee (DRC) which shall be responsible for the establishment and administration of Design Guidelines to facilitate the purposes and intent of this Declaration. The DRC may issue and enforce Design Guidelines applicable to the Residential Community. The DRC may amend, vary, repeal and augment the Design Guidelines from time to time, in the DRC's sole discretion based on concerns for good planning and design, the aesthetic, architectural and environmental harmony of the Residential Community or other factors as necessary or desirable to fulfill the intent of the Design Guidelines and implement the purposes of this Declaration. The Design Guidelines shall be binding on all Owners and other Persons governed by this Declaration. The Design Guidelines may include, among other things, those restrictions and limitations set forth below: (a) Standards establishing and dictating an architectural theme and requirements pertaining to building style and design, construction materials and site planning. (b) Procedures for making application to the DRC for design review approval, 12 including the documents to be submitted and the time limits in which the DRC must act to approve or disapprove any submission. (c) Time limitations for the completion, within specified periods after approval, of the Improvements for which approval is required under the Design Guidelines. (d) Designation of a building site on a Lot, establishing the maximum developable area of a Lot and set-back or view corridor requirements. (e) Minimum and maximum square foot areas of living space that may be developed on any Lot. (f) Limitations on the height of any building or other Improvement. (g) Specifications for the location, dimensions and appearance or screening of any permitted fences, accessory structures, antennae or other such Improvements. (h) Landscaping regulations, including requirements for installing and maintaining landscaping on the entire Lot and, for certain Lots identified in the Design Guidelines, on parkways abutting the Lot and the street or road providing access to the Lot; time limitations within which all landscaping must be completed; limitations and restrictions prohibiting the removal or requiring the replacement of existing trees; and guidelines encouraging the use of plants indigenous to the locale and compatible with the design theme of the Residential Community; and other practices benefiting the protection of the environment, aesthetics and architectural harmony of the Residential Community. (i) Regulations for parking vehicles on or off of the street, within an enclosed garage or a designated area on a Lot. (j) General instructions for the construction, reconstruction, refinishing or alteration of any Improvement, including any plan to excavate, fill or make any other temporary or permanent change in the natural or existing surface contour or drainage or any installation of utility lines or conduits on the Property, addressing matters such as loading areas, waste storage, trash removal, equipment and materials storage, grading, transformers and meters. (k) Designation of front, side or rear entry garages. (1) Use and design of private alleys and streets located within the Property. (m) Design, use and installation of raw water irrigation systems to ensure efficient use of water. 6.2 DRC Membership and Organization. The DRC shall be composed of not less than three (3) nor more than five (5) Persons. The DRC may include one (1) or more professional design consultants, but need not include any Member of the Association. All members of the DRC 13 shall be appointed, removed and replaced by Declarant, in its sole discretion until such time as Declarant no longer own any Lots within the Residential Community, unless Declarant earlier waives this right by notice to the Association recorded in the office of the Clerk and Recorder of Weld County, Colorado. At such time, the Executive Board shall succeed to Declarant's right to designate the number of and to appoint,remove or replace the members of the DRC. 6.3 Purpose and General Authority. The DRC shall review, study and either approve or reject proposed Improvements on all Lots situated on the Property to ensure compliance with this Declaration and as further set forth in the Design Guidelines and such rules and regulations as the DRC may establish from time to time to govern its proceedings. No Improvement shall be erected, placed, reconstructed, replaced, repaired or otherwise altered, nor shall any construction, repair or reconstruction be commenced until plans for the Improvements shall have been approved by the DRC; provided, however, that Improvements that are completely within a building may be undertaken without such approval. All Improvements shall be constructed only in accordance with approved plans. 6.4 DRC Discretion. The DRC shall exercise its best judgment to see that all Improvements conform and harmonize with any existing structures as to external design, quality and type of construction, seals, materials, color, location on the Lot, height, grade and finished ground elevation, and the schemes and aesthetic considerations set forth in the Design Guidelines and the other Residential Community Documents. The DRC, with the approval of the executive Board, based on concerns for good planning and design, the aesthetic, architectural and environmental interests of the Residential Community, or other factors as necessary or desirable to fulfill the intent of the Design Guidelines, may excuse compliance with such requirements in specific situations and may permit compliance with different or alternative requirements. 6.5 Binding Fffect. The actions of the DRC in the exercise of its discretion by its approval or disapproval of plans and other information submitted to it, or with respect to any other matter before it, shall be conclusive and binding on all interested parties. 6.6 Organization and Operation of DRC. The organization and operation of the DRC shall conform to the following: (a) Term of Members. The term of office of each member of the DRC shall continue at the pleasure of the appointing authority pursuant to Section 6.2, and run until his successor shall have been appointed. Should a DRC member die, retire or become incapacitated, or in the event of a temporary absence of a member, a successor may be appointed as provided in Section 6.2. (b) Chairman. The chairman of the DRC shall be elected annually from among the members of the DRC by a majority vote of such members. In the absence of a chairman, the members may appoint or elect a successor, or if the absence is temporary, an interim chairman. (c) Conduct of Meetings. The DRC chairman shall take charge of and conduct all meetings and shall provide for reasonable notice to each member of the DRC prior to any 14 ems meeting. The notice shall set forth the time and place of the meeting, and notice may be waived by any member. (d) Voting. The affirmative vote of a majority of the then serving members of the DRC shall govern its actions and be the act of the DRC. (e) Review of Plans. The DRC shall consider and act upon any and all requests submitted for its approval. The DRC shall approve plans and specifications submitted to it only if it determines that the construction, alteration, and additions contemplated thereby, and in the location as indicated, will comply with this Declaration; will serve to preserve and enhance the values of Lots within the Residential Community; will be consistent with the spirit and intent of this Declaration; and will maintain a harmonious relationship among structures, vegetation, and topography within the Residential Community. The DRC shall consider the quality of workmanship, type of materials, and harmony of exterior design with other dwellings, if any, located within the Residential Community. Should the DRC fail to approve or disapprove the plans and specifications submitted to it by an Owner within thirty (30) days after complete submission of all required documents, the plans shall be resubmitted to the DRC by certified mail, return receipt requested, with a copy to the Declarant, by certified mail, return receipt requested, and, in the event that the DRC fails to approve or disapprove any plans and specifications as herein provided within thirty (30) days after such resubmission to the DRC and Declarant by certified mail, the same shall be deemed to have been approved, as submitted; provided, however, that no building or other structure shall be erected or allowed to remain on any Lot which violates or is inconsistent with any of the covenants or restrictions contained in this Declaration. The issuance of a building permit or license for the construction of improvements inconsistent with this Declaration shall not prevent the Association or any Owner from enforcing the provisions of this Declaration as provided by Section 6.10,below. (1) Expert Consultation. The DRC may avail itself of other technical and professional advice and consultants as it deems appropriate, and the DRC may delegate its plan review responsibilities, except final review and approval, to one (I) or more of its members or to consultants retained by the DRC. Upon that delegation, the approval or disapproval of plans and specifications by such member or consultant shall be equivalent to approval or disapproval by the entire DRC. 6.7 Expenses. Except as provided in this Section, all expenses of the DRC shall be paid by the Association and shall constitute a Common Expense. The DRC shall have the right to charge a fee for each application submitted to it for review, in an amount which may be established by the DRC from time to time, and such fees shall be collected by the DRC and remitted to the Association to help defray the expenses of the DRC's operation. The members of the DRC shall not be entitled to any compensation for services performed pursuant to these Covenants. 6.8 Other Requirements. Compliance with the Residential Community design review process is not a substitute for compliance with County building, zoning and subdivision regulations, and each Owner is responsible for obtaining all approvals, licenses, and permits as may be required prior to commencing construction of Improvements. 15 6.9 Limitation of Liability. The DRC shall use reasonable judgment in accepting or disapproving all plans and specifications submitted to it. Neither the DRC nor any individual DRC member shall be liable to any Person for any official act of the DRC in connection with submitted plans and specifications, except to the extent the DRC or any individual DRC member acted with malice or wrongful intent. The Association shall not be obligated to indemnify any member of the DRC to the extent any such member of the DRC is adjudged to be liable for acting with malice or wrongful intent in the performance of his duty as a member of the DRC, unless and then only to the extent that the court in which such action or suit may be brought determines that in view of all circumstances of the case, such Person is fairly and reasonably entitled to indemnification for such expense as such court shall deem proper. 6.10 Enforcement. The DRC shall conform to the following in the performance of its duties and responsibilities: (a) Inspection. Any member or authorized consultant of the DRC, or any authorized officer, Director, employee or agent of the Association may enter upon any Lot at any reasonable time after notice to the Owner, without being deemed guilty of trespass, in order to inspect Improvements constructed or under construction on the Lot to determine whether the Improvements have been or are being built in compliance with the Residential Community Documents and the plans and specifications approved by the Design Review Committee. (b) Completion of Cnnstmction. Before any Improvements on a Lot may be occupied, the Owner of the Lot shall be required to obtain a temporary certificate of compliance issued by the DRC indicating substantial completion of the Improvements in accordance with the plans and specifications approved by the DRC, and imposing such conditions for issuance of a final certificate of compliance as the DRC may determine appropriate in its reasonable discretion. Without limiting the generality of the preceding sentence, the DRC may require, as a condition to the issuance of the temporary certificate of compliance, that the Owner deposit with the DRC such sums as may be necessary to complete the landscaping on the Lot by a specified date. If the landscaping is not completed as scheduled, the DRC may apply the deposit to cover the cost of completing the work and enforce such other remedies as are available to the Association for the failure of the Owner to comply with this Declaration. (c) Certificate of Compliance. Upon payment of a reasonable fee established from time to time by the Design Review Committee, and upon written request of any Owner or his agent, an existing or prospective Security Interest Holder, or a prospective grantee, the Design Review Committee shall issue an acknowledged certificate, in recordable form, setting forth generally whether, to the best of the Design Review Committee's knowledge, the improvements on a particular Lot are in compliance with the terms and conditions of the Design Guidelines. (d) Deemed Nuisances. Every violation of this Declaration is hereby declared to be and to constitute a nuisance, and every public or private remedy allowed for such 16 violation by law or equity against a Member shall be applicable. Without limiting the generality of the foregoing, this Declaration may be enforced as provided below. (i) Fines for Violations. The DRC may adopt a schedule of fines for failure to abide by the DRC rules and the Design Guidelines, including fines for failure to obtain any required approval from the DRC. (ii) Removal of Nonconforming Improvements with Court Order. The Association, upon request of the DRC and after first obtaining a court order from a Colorado court having jurisdiction thereof, may enter upon any Lot and remove any Improvement constructed, reconstructed, refinished, altered or maintained in violation of this Declaration. The Owner of the Improvement shall immediately reimburse the Association for all expenses incurred in connection with such removal. If the Owner fails to reimburse the Association within thirty(30) days after the Association gives the Owner notice of the expenses, the sum owed to the Association shall bear interest at the Default Rate from the date of the advance by the Association through the date of reimbursement in full, and all such sums and interest shall be a Default Assessment enforceable as provided in Article VIII. 6.11 Reconstruction of Common Flement. The reconstruction by the Association after destruction by casualty or otherwise of any Common Element that is accomplished in substantial compliance with "as built" plans for such Common Element shall not require compliance with the provisions of this Article or the Design Guidelines. 6.12 Variances. The DRC may authorize variances from compliance with any provisions of this Declaration when circumstances such as natural obstructions, hardships, aesthetics or environmental considerations may require. Such variances must be evidenced in writing and shall become effective when signed by at least a majority of the members of the DRC. If any such variance is granted, no violation of the provisions of this Declaration shall be deemed to have occurred with respect to the matter for which the variance was granted; provided, however, that the granting of the variance shall not operate to waive any provisions of this Declaration for any purpose except as to the particular property and the particular provision hereof covered by the variance, nor shall the granting of a variance affect in any way the Owner's obligation to comply with all governmental laws and regulations affecting the property concerned, including, but not limited to, zoning ordinances and setback lines or requirements imposed by any governmental authority having jurisdiction. 6.13 Color. All dwellings and other structures constructed on any Lot shall be stained or painted in such colors as are approved in writing by the Declarant (for a period of ten (10) years from the date of the recording of this Declaration) or thereafter by the DRC. 6.14 Address Signagp. Each dwelling within the Residential Community shall have a address sign/house number affixed, of a design and at a location established and/or approved by the DRC, which shall at all times endeavor to maintain uniformity of such signage. 17 6.15 Fences. Any fence to be constructed on a Lot must be approved by the DRC. All fences shall be constructed of materials acceptable to the DRC, and shall conform in all respects to the standard subdivision design as adopted from time to time by the DRC. The DRC shall provide the fence detail information to any Owner requesting such information. This Section shall not apply to entrance or "monument" fencing, or to entrance signage or to other signage that may or may not actually be incorporated into fencing, but that may be located on, adjacent to or in the vicinity of fencing. The DRC shall also designate those areas in which common fencing shall be required and the height, type and style of such common fencing. 6.16 Subdivision. No Lot may be further subdivided without the approval of the Executive Board of the Association, which approval shall be within its sole discretion. This provision shall not be construed to prohibit or prevent the dedication or conveyance of any portion of a Lot as an easement for public utilities. ARTICLE VII. PROPERTY ITSF RESTRICTIONS 7.1 General Restriction. The Property shall be used only for the purposes set forth in this Declaration, as permitted by the applicable ordinances of the County, and the laws of the State of Colorado and the United States, and as set forth in the Residential Community Documents or other specific recorded covenants affecting all or any part of the Property. 7.2 Residential I Ise of I ots. Each Lot may be used only for residential purposes and developed by the construction of a single-family residence. No business or commercial building may be erected on any Lot, and no business or commercial enterprise or other non-residential use may be conducted on any part of a Lot, except as provided in Section 7.3,below. 7.3 Home Occupations. The conduct of a home occupation on a Lot within the Residential Community shall be considered accessory to the residential use of the Lot and not a violation of this Declaration,provided that the following requirements are met: (a) Such home occupation shall be conducted only within the interior of the dwelling located on such Lot and shall not occupy more than fifteen percent (15%) of the total finished area within the dwelling. (b) No signs or advertising devices of any nature whatsoever shall be erected or maintained on any Lot with respect to such home occupation, except those approved in writing by the DRC. (c) Any trade or business conducted on a Lot shall be conducted only by the residents thereof. (d) No noise or offensive activities shall be conducted on any Lot and no Lot shall be used, in whole or in part, for the storage of any property or thing that will cause the Lot to appear in an unclean or untidy condition or that will create an eyesore. (e) No substance, thing or material which emits foul or obnoxious odors, or 18 causes any noise that might disturb the peace, quiet, comfort or serenity of the occupants of the surrounding Lots shall be permitted on a Lot. (f) No trade or occupation shall be conducted from a Lot unless one(1) or more of the Owners of such Lot reside within the dwelling on such Lot, and any such trade or occupation shall cease and terminate when the Owner(s) of such Lot ceases to reside thereon. (g) No retail sales shall be conducted on any Lot and no customer parking shall be allowed. (h) There shall be no evidence of a home occupation visible from the outside of a dwelling. (i) Not more than four (4) additional vehicular trips shall be allowed each day on or to any Lot for deliveries or pick ups in connection with such trade or business, including deliveries or pick ups by commercial delivery services, such as Federal Express and United Parcel Service, and further provided that no such vehicle shall remain at the Lot for a period in excess of fifteen minutes per trip. 7.4 Household Pets. No animals, birds or reptiles of any kind shall be raised, bred or kept on any portion of the Residential Community, except that a reasonable number of dogs, cats and other household pets may be kept, provided that they are not kept, bred or maintained for any commercial purpose. The Executive Board may adopt rules and regulations regarding the maintenance of animals upon the Property, including the maximum number and size thereof. 7.5 Pet Runs. No pet runs or other fenced-in areas for the containment of dogs or other pets shall be permitted upon any Lot without the prior written approval of the DRC. In considering whether to approve any such pet run or other fenced-in areas, the DRC shall consider the location, size, concealment, proximity to surrounding structures and adjacent Lots, proposed building materials, aesthetic appeal and harmony of exterior design in relation to surrounding structures. Furthermore, no invisible fences or similar restraints shall be installed within or encroach upon any portion of the Common Element. 7.6 Signage. No signs or advertising of any character shall be erected, placed or permitted or maintained within the Residential Community unless the Executive Board or the DRC has given consent to the same in writing. This provision shall not apply to permanent signs identifying the Residential Community which are installed by the Declarant as part of the development of the Residential Community, nor shall this provision preclude Declarant or its agents, as long as Declarant are the Owners of any Lot within the Residential Community, from placing such signs as Declarant deem appropriate, without limitation on size or location, offering the Property or Lots for sale. The Executive Board may adopt rules and regulations permitting signs advertising Lots for sale at such location and of such character as the Board shall designate, provided that in no event shall individual Lot Owners be entitled to place advertising signs on the Common Element, nor shall any such Lot Owner be allowed to use more than one (1) sign to advertise such Owner's Lot for sale. 19 7.7 T eases. No lease of a Lot or dwelling thereon shall be for a period of less than six (6) months and every lease shall be in writing. The written lease shall contain provisions requiring that the tenant comply with all provisions of this Declaration and the other Residential Community Documents. The Board may require that all leases be submitted to it for approval before the lease will be effective and that all tenants meet with a Person designated by the Board to review the requirements of the Declaration and other Residential Community Documents. The Association shall have the power to enforce the provisions of the Declaration and the other Residential Community Documents against any tenant regardless of the provisions of a lease. The Association shall have the power to levy fines and Assessments against a tenant based on such tenant's actions, the same as it would have against a Lot Owner. 7.8 Storage of Inoperative Vehicles. Inoperative vehicles shall not be stored, parked or permitted to remain upon or adjacent to a Lot, except within a fully enclosed garage on the Lot. For purposes of this provision, any disassembled or partially disassembled car or other vehicle or any car or other vehicle which is not capable of moving under its own propulsion, or is not so moved, for two (2) consecutive days shall be considered an "inoperative vehicle" subject to the terms of this Section 7.8. 7.9 Repair. No activities such as, but not necessarily limited to, maintenance, repair, rebuilding, dismantling, repainting or servicing of any kind of vehicle, trailer or boat may be performed on any Lot unless performed entirely within a completely enclosed garage attached or associated with the dwelling located on such Lot. Without limiting the foregoing, no such activity shall be performed upon any of the Common Element. The foregoing restrictions shall not be deemed to prevent washing and/or polishing of any motor vehicle. 7.10 Parking. No trailer, motor home, bus, camper, commercial-type vehicle, truck, commercial van, vehicle-mounted camper, whether chassis or slide-in, or pick-up coach,tent trailer, boat, truck trailer, machine, tractor, semi-tractor, tractor trailer, all terrain vehicles, motorcycles, or similar vehicles or equipment, shall be parked, placed, erected, maintained or constructed on any Lot or the Common Element for any purpose. Trucks, vans, trailers, campers, motor homes, pick- up coaches, tents or boats which can be and are stored completely within an enclosed garage and are not used for living purposes will not be in violation of these restrictions. Furthermore, no parking shall be permitted within the private driveways or alleys except in areas specifically designated for that purpose by Declarant or the Association; parking shall be permitted only on streets and in those portions of the Common Element, if any, specifically designated for such purpose by this Declaration or by the Association, for such purpose. 7.11 Trash. All Owners shall maintain their Lots in a clean and well-maintained condition. No storage of trash will be permitted in or outside on any Lot in a manner which may permit the spread of fire, odors, seepage or encouragement of vermin. All equipment, garbage cans, service yards, woodpiles or storage piles shall be kept screened by adequate planting or fencing so as to conceal them from view of neighboring Lots and streets. All rubbish, trash, garbage or other unsightly items must be deposited in locations in containers on Lots approved or provided by the Association. The Association may adopt rules and regulations further defining the deposit of rubbish, trash or garbage and other matters related thereto. Without limiting the foregoing, the 20 Association, acting through the Board, shall have the right to require that the trash collection within the Residential Community be performed by one (1) company and that trash collected from all Lots by such company be on the same day of each week. Unless the Board expressly adopts a resolution to the contrary, such cost of trash collection shall be a Common Expense. In the event the Association so elects, all Owners shall make use of the trash collection service provided or contracted for by the Association. This Section shall not apply to a contractor during construction of a dwelling or other improvements within the Residential Community. Such contractor may dispose of trash, rubbish, debris and other construction materials either Personally or by contracting with a trash collection company. 7.12 Screens, Awnings Flags and Other Accessories. No pool cabanas, guest houses, gazebos, greenhouses, decks, screens, storm doors, awnings, flags, clothes lines, basketball goals (whether attached or movable) and similar exterior accessories shall be installed or used on or about any Lot without the prior written approval of the DRC. In considering whether to approve any such accessory, the DRC shall consider the location, size, visual impact on the Lot and proximity to adjacent Lots, aesthetic appeal and harmony of exterior design in relation to surrounding structures. Use or installation of any such accessory shall also be subject to such rules and regulations as may be adopted by the Association from time to time. In any event, if any such accessories are permitted by the DRC and the Association, the Owner installing same on its Lot shall be responsible to fully and properly maintain such accessories at all times. 7.13 Storage. No tanks for the storage of gas, fuel, oil, chemicals or other matter shall be erected, placed or permitted above the surface on any Lot. No detached storage buildings, service yards, woodpiles or storage areas shall be permitted on any Lot without the approval of the DRC, which may require enclosure or screening, such as privacy fences, landscaping or berming, to conceal such area from the view of neighboring Lots. 7.14 Antennae or Flectrical or Cooling Devices. No exterior television antenna, radio antenna or satellite transmitting or receiving devices shall be placed, allowed or maintained upon any portion of any dwelling or other structure located upon a Lot or any other portion of the Property without the express written consent of the Association or the DRC. In addition, no electronic devices or systems causing unreasonable electrical interference with radio or television receivers located within a dwelling upon any Lot shall be placed or maintained on any Lot. Notwithstanding the foregoing, a single satellite dish with horizontal elements not in excess of eighteen (18) inches in diameter will be allowed on a Lot, provided the Owner screens, conceals, installs the satellite dish below the level of the peak of the roofline, or otherwise minimizes the visual impact of the satellite dish to the extent feasible. No air conditioners shall be mounted on the exterior of any dwelling. The DRC may grant relief from the provisions of this Section for good cause shown. 7.15 Electrical, Television Natural Gas and Telephone Service. All electrical, television, natural gas and telephone service installations shall be placed underground. 7.16 Water and Sanitation. Each structure designed for occupancy shall connect with water and sanitation facilities as are made available from time to time by the County or any other approved utility supplier. 21 7.17 Wells. All water wells shall be located on the Lot that is served by the well. Water wells shall be maintained and operated in a manner that will protect ground and surface waters from any contamination whether biological and/or chemical. All water wells shall be constructed and operated using current best practices. All required approval from appropriate governmental authorities shall first be obtained by Owners before constructing and operating any water well. No well from which oil, or gas is produced shall be dug, nor shall storage tanks, reservoirs, or any installation of power, telephone or other utility lines (wire, pipe, or conduit) be made or operated anywhere on the Property except in connection with a public agency or duly certified public utility companies; provided, however, that the foregoing shall not prevent the drilling of or installation of water wells by the Association, or the Declarant or its assigns, provided further that all required approval from appropriate governmental authorities shall first be obtained. 7.18 Temporary Structures. No temporary structures shall be permitted except as may be determined to be necessary during construction and as specifically authorized by the DRC, and except as necessary for the exercise by Declarant of the Special Declarant Rights. 7.19 Outside Burning. There shall be no exterior fires, except barbecues, outside fireplaces and braziers contained within facilities or receptacles and in areas designated and approved by the DRC. Incinerators and incinerator fires are prohibited. No Owner shall permit any condition upon its portion of the Property that creates a fire hazard or is in violation of fire prevention regulations. 7.20 Noise. No exterior horns, whistles, bells or other sound devices, except security devices used exclusively to protect the security of the Property or Improvements, shall be placed or used on any portion of the Property. 7.21 T ighting. All exterior lighting of the Improvements and grounds on the Property shall be subject to regulation by the Design Review Committee. 7.22 Nuisances. No obnoxious or offensive activity shall be carried on upon any Lot or the Common Element, nor shall anything be done thereon which may be, or may become, an annoyance or nuisance to any other Owner. Nothing contained herein shall be construed as prohibiting or restricting construction activities by Declarant at any time, seven(7) days per week. 7.23 Use of Facilities. The common facilities provided by the Residential Association for the use and benefit of Owners of Lots within the Residential Community shall be subject to such reasonable rules and regulations as may be adopted from time to time by the Association. No Owner or such Owner's family members or guests, invitees or tenants shall engage in any activity which violates any such rules and regulations. 7.24 Enforcement. The Association may take such action as it deems advisable to enforce this Declaration as provided in this Declaration. In addition, the Association and the Design Review Committee shall have a right of entry on any part of the Property for the purposes of enforcing this Article, and any costs incurred by the Association or the Design Review Committee in connection with such enforcement which remain unpaid thirty(30) days after the Association has 22 given notice of the cost to the Owner and otherwise complied with the Act shall be subject to interest at the Default Rate from the date of the advance by the Association or the Design Review Committee through the date of payment in full by the Owner, and shall be treated as a Default Assessment enforceable as provided in Article X. ARTICLE VIII. MAINTENANCE 8.1 Owner's Responsibility for I nt. Except as provided in the Residential Community Documents or by written agreement with the Association, all maintenance of a Lot and the Improvements located thereon shall be the sole responsibility of the Owner of the Lot. Each Owner shall maintain his Lot and Improvements in accordance with the community-wide standards of the Residential Community. The Association may, in the discretion of the Board, assume the maintenance responsibilities of such Owner if, in the opinion of the Board, the level and quality of maintenance being provided by such Owner does not satisfy such standards. Before assuming the maintenance responsibilities, the Board shall notify the Owner in writing of its intention to do so, and if the Owner has not commenced and diligently pursued remedial action within thirty(30) days after the mailing of such written notice, then the Association may proceed. The expenses of the maintenance by the Board shall be reimbursed to the Association by the Owner within thirty (30) days after the Association notifies the Owner of the amount due, and any sum not reimbursed within that thirty (30) day period shall bear interest at the Default Rate from the date of the expenditure until payment in full. Such charges shall be a Default Assessment enforceable as provided in Article X. 8.2 Owner's Negligence. If the need for maintenance, repair or replacement of any portion of the Common Element (including Improvements located on it) arises because of the negligent or willful act or omission of an Owner or his family member, guest, invitee or tenant, then the expenses incurred by the Association for the maintenance, repair or replacement shall be a Personal obligation of that Owner. If the Owner fails to repay the expenses incurred by the Association within thirty (30) days after the notice to the Owner of the amount owed, then those expenses shall bear interest at the Default Rate from the date of the advance by the Association until payment by the responsible Owner in full, and all such expenses and interest shall become a Default Assessment enforceable as provided in Article X. 8.3 Association's Easement to Perform Work. The Association shall have an easement across each Lot permitting the Association, its employees, agents, and independent contractors, to enter upon the Lot as reasonably necessary in order to perform the work to be performed on the Lot by the Association pursuant to this Declaration. All Persons performing such work shall use their best efforts to minimize interference with the Owner's use and enjoyment of the Lot when performing such work. ARTICLE IX. PROPERTY RIGHTS N COMMON FI.F.MFNT 9.1 Dedication of Common Element. Declarant hereby dedicate the Common Element to the common use and enjoyment of the Owners, as hereinafter provided. 23 9.2 Owners' Easements of Enjoyment. Every Owner shall have a right and easement of enjoyment in and to the Common Element and such easement shall be appurtenant to and shall pass with title to every Lot, subject to the following provisions: (a) The right of the Association to promulgate and publish reasonable Rules and Regulations as provided in the respective Declaration. (b) The right of the Association to suspend rights to use the Common Element by an Owner for any period during which any Assessment against the Owner's Lot remains unpaid to the Association and for a period not to exceed sixty(60) days for any infraction of the Association's published rules and regulations. (c) The right of the Association acting through the Executive Board, to dedicate or transfer all or any part of the Common Element to any municipality, county, state or public entity or utility for such purposes and subject to such conditions as may be agreed to by the Members; provided that no such dedication or transfer shall be effective unless the Members entitled to cast at least sixty-seven percent (67%) of the votes of the Association agree to such dedication, transfer, purpose, and condition, and unless written notice of the proposed agreement and action is sent to every Member at least thirty (30) days in advance of any action taken by the Executive Board; and provided further that the granting of easements for public utilities or for other public purposes consistent with the intended use of the Common Element shall not be deemed a transfer within the meaning of this clause. (d) The right of the Association to close or limit use of the Common Element while maintaining,repairing and making replacements in the Common Element. 9.3 Delegation of I Ise. Any Owner may delegate, in accordance with the Bylaws, the Owner's right of enjoyment to the Common Element and facilities to the members of his or her family, tenants, employees, guests or invitees who reside on or lawfully occupy the Owner's Lot. 9.4 Reservation of Easements Exceptions and Fxchisions for I Itilities Infrastructure and Access. Declarant reserves for itself and its successors and assigns and hereby grants to the Association, acting through the Executive Board, the concurrent right to establish from time to time, by Declaration or otherwise, easements, permits, or licenses over the Common Element, for purposes including, but not limited to, streets, pathways, trails, walkways, drainage, shafts, pipelines, conduit and similar facilities, and to create other reservations, exceptions, and exclusions in the interest of the Owners or the Association. Declarant also reserves for itself and its successors and assign and grant to the Association the concurrent right to establish from time to time by an instrument recorded in Weld County, Colorado, such easements, permits or licenses over the Common Element for access by certain persons (other than Owners and Owners' families and guests) who may be permitted to use designated portions of the Common Element as contemplated under this Declaration. 24 Declarant further reserves for itself and its successors and assigns the right to create temporary or permanent easements for access, drainage, water and other purposes incidental to the development and sale of Sage Hill, located in, on, under, over and across any sites presently owned by Declarant, or any Common Element; provided that such easements do not create a permanent, unreasonable interference of the rights of any Owner. 9.5 Ihilities. There is hereby created an easement upon, across, over and under the Common Element for the limited purposes of installation, operation, replacement, repair and maintenance of utility lines and/or facilities, including, but not limited to, water, sewer, gas, telephone, telecommunications, electricity, computer cable, data transmission lines and master television antenna or cable or satellite television systems, if any, subject to strict compliance with the following conditions by the Person installing, or upon completion of installation, owning or providing the utility service: (a) Written notice to the Declarant of the planned installation with a copy of the plans showing the location and installation of the lines and facilities attached. (b) Compliance with all requirements and instructions of the Declarant concerning the proposed installation in order to eliminate or minimize disruption, damages, or interference with existing utilities and ensure an orderly, efficient occupancy of easements. (c) Upon completion of the installation of lines and facilities, a complete set of as- built drawings shall be delivered to the Declarant in addition to those required by any public entity. Notwithstanding the foregoing provisions, the Declarant reserves the right to require any Person intending to install utility lines and/or facilities upon, across, over or under the Common Element to obtain a specific easement for the applicant's occupancy prior to commencement of installation. hi the event any Person furnishing a service covered by this Section requests a specific easement by separate recordable document, Declarant reserves and is hereby given the right and authority to grant such easement upon, across, over or under any part or all of the Common Element without conflicting with the terms hereof. The foregoing rights and authority of the Declarant shall cease ten (10) years after recordation of this Declaration in the records of the County of Weld, Colorado, at which time said reserved rights shall vest in the Association. 9.6 Emergency Access Easement. A general easement is hereby granted to all police, sheriff, fire protection, ambulance, and all other similar emergency and public safety agencies or services to enter upon the Common Element in the lawful and proper performance of their duties. 9.7 Declarant' Rights Tncident to Constniction. Declarant, for itself and its successors and assigns, hereby retains a right and easement of ingress and egress over, in, upon, under, and across the Common Element and the right to store materials thereon and to make such other use thereof as may be reasonably necessary or incident to the construction of the Improvements in Sage Hill or other real property owned by Declarant; provided that no such rights shall be exercised by Declarant in such a way as to unreasonably interfere with the occupancy, use, enjoyment, or access to an Owner's Lot by that Owner or his family, tenants, employees, guests, or invitees. 25 ARTICLE X. COVENANT FOR MAINTENANCE. ASSESSMENTS 10.1 Creation of the I ien and Personal Obligation for Assessments. Declarant, for each Lot owned within the Property, hereby covenants, and each Owner of any Lot, by acceptance of a deed therefore, whether or not it shall be so expressed in any such deed, are deemed to covenant and agree to pay to the Association: (a) Annual Assessments or charges as provided in this Declaration to generally carry out the functions of the Association. (b) Special Assessments for capital Improvements and other purposes as stated in this Declaration, such Annual and Special Assessments to be fixed, established, and collected from time to time as provided below. (c) Default Assessments which may be assessed against a Lot pursuant to the Residential Community Documents for the Owner's failure to perform an obligation under the Residential Community Documents or because the Association has incurred an expense on behalf of the Owner under the Residential Community Documents. The Annual, Special, and Default Assessments, together with Fines, interest, costs, and reasonable attorneys' (and legal assistants') fees and other charges allowed under the Act, shall be a charge on the land and shall be a continuing lien upon the Lot against which each such Assessment is made until paid. Each such Assessment, together with Fines, interest, costs, and reasonable attorneys' fees and other charges allowed under the Act, shall also be the Personal obligation of the Owner of such Lot as of the time the Assessment falls due, and two (2) or more Owners of a Lot shall be jointly and severally liable for such obligations. 10.2 Purpose of Assessments. The Assessments levied by the Association shall be used exclusively to improve and maintain the Common Element (or Property outside of the Residential Community if such action might enhance Property values within the Residential Community or otherwise further the purpose and intent of this Declaration) by actions including, but not limited to, the payment of taxes and insurance on the Common Element; payment for operation, maintenance, repair, replacement, and additions to any other Improvements on the Common Element; establishment of reserve accounts; payment of the cost of labor, equipment, materials, management, and supervision, and the salary or fee of the Manager. 10.3 Calculation and Apportionment of Assessments and Expenses. The Executive Board shall prepare a budget before the closing of each fiscal year of the Association and submit the budget to the Association. Annual Assessments for Common Expenses shall be based upon the estimated net cash flow for the Association to cover items including, without limitation, the cost of routine maintenance, repair and operation of the Common Element; expenses of 26 management; premiums for insurance coverage required by law or deemed prudent or necessary by the Board; snow removal, Landscaping, care of grounds and common lighting within the Common Element; routine renovations within the Common Element; wages; common water and utility charges for the Common Element; legal and accounting fees; management fees; taxes and capital Improvements; expenses and liabilities incurred by the Association under or by reason of this Declaration; payment of any deficit remaining from a previous Assessment Period; and the supplementing of the Association's funds for general, routine maintenance, repairs and replacement of Improvements within the Common Element on a periodic basis, as needed; the creation of reasonable contingency reserves, working capital and/or sinking funds; and any other costs, expenses and fees, which may be incurred or may reasonably be expected to be incurred by the Association for the benefit of the Owners under or by reason of this Declaration. Each Owner shall be responsible for that Owner's share of the Common Expenses based on the Owner's Membership Interest as defined. Notwithstanding the preceding sentence, any Common Expenses or portion thereof benefiting fewer than all of the Lots shall be assessed exclusively against the Lots benefited. Further, the costs of insurance may be assessed in proportion to risk, and the costs of utilities may be assessed in proportion to usage. 10.4 Special Assessments. In addition to the Annual Assessments authorized by Sections 10.1 and 10.3, above, the Executive Board may levy in any fiscal year one (1) or more Special Assessments, applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, repair or replacement of a described capital Improvement upon the Common Element, including the necessary fixtures and Personal Property related thereto, or, after adopting and submitting a revised budget to the Association, to make up any shortfall in the current year's budget. If any of the Special Assessments levied pursuant to this Section shall be used for the construction of new facilities (as opposed to repair and reconstruction of existing facilities) in the Residential Community and if the total amount of Special Assessments levied for such construction exceeds twenty-five percent (25%) of the gross annual budget for the Association for that year, then the use of Special Assessments for such construction shall require the approval of the Owners representing at least sixty-seven percent (67%) of the votes of the Association Membership. 10.5 Uniform Rate of Assessment. Both Annual Assessments and Special Assessments must be fixed at a uniform rate for each type of Lot classified by type of use or other distinguishing characteristics, but the basis and rate of Assessments for each type of use or other characterization may be varied as provided in this Section. 10.6 Common Fxpenses Attributable to Fewer than All I etc. Common Expenses attributable to fewer than all the Lots shall be subject to the following: (a) An Assessment to pay a judgment against the Association may be made only against the Lots in the Residential Community at the time the judgment was entered, in proportion to their respective liabilities for Common Expenses. 27 (b) If a Common Expense is caused by the misconduct of an Owner, the Association may assess that expense exclusively against that Owner's Lot. c) Fees, charges, taxes, impositions, late charges, Fines, collection costs and interest charged against an Owner pursuant to this Declaration, or the Residential Community Documents are enforceable as Common Expense Assessments. (d) Any Common Expense or portion thereof benefiting fewer than all of the Lots must be assessed exclusively against all the Lots benefited in the proportions determined by the Board after considering the relative size and value that the Lots being benefited bear to all Lots benefited. 10.7 Date of Commencement of Annual Assessments and Payment Period. The Annual Assessments shall commence as to all Lots situated on the Property and Expansion Property that has been transferred to an Owner other than the Declarant no later than thirty (30) days after the date of the conveyance by Declarant of a Lot to said Owner. The first Annual Assessment shall be prorated according to the number of months remaining in the calendar year. 10.8 Collection. Assessments shall be collected on a periodic basis as the Executive Board may determine from time to time, but until the Board directs otherwise, Assessments shall be payable monthly in advance on the first day of each calendar month. The omission or failure of the Association to fix Assessments for any Assessment period will not be deemed a waiver, modification, or release of the Owners from their obligation to pay the same. 10.9 Default Assessments. All monetary Fines, penalties, interest or other charges or fees assessed against an Owner pursuant to the Residential Community 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 Residential Community Documents and any expense (including, without limitation, attorneys' fees) incurred by the Association as a result of the failure of an Owner to abide by the Residential Community Documents, shall be a Default Assessment and shall become a lien against such Owner's Lot which may be foreclosed or otherwise collected as provided in this Declaration. 10.10 Effect of Nonpayment of Assessment. Any Assessment installment, whether pertaining to Annual, Special, or Default Assessments, which is not paid within thirty (30) days after its due date shall be delinquent. In the event that an Assessment installment becomes delinquent or in the event any Default Assessment is established under this Declaration, the Association, in its sole discretion, may take any or all of the following actions: (a) Assess a late charge for each delinquency at uniform rates set by the Executive Board from time to time. (b) Assess an interest charge from the date of delinquency at the Default Rate, which rate shall be the maximum rate allowed by law. (c) Suspend the voting rights of the Owner during any period of delinquency. 28 (d) Accelerate all remaining Assessment installments for the fiscal year in question so that unpaid Assessments for the remainder of the fiscal year shall be due and payable at once. (e) Bring an action at law against any Owner Personally obligated to pay the delinquent installments. (f) File a statement of lien with respect of the Lot, and foreclose as set forth in more detail below. The remedies provided under this Declaration shall not be exclusive, and the Association may enforce any other remedies to collect delinquent Assessments as may be provided by law. Any Assessment chargeable to a Lot shall constitute a lien on the Lot, effective the due date of the Assessment. To evidence the lien, the Association may, but shall not be obligated to, prepare a written lien statement with respect to the Lot, setting forth the name of the Owner, the legal description of the Lot, the name of the Association, and the delinquent Assessment amounts then owing. Any such statement shall be duly signed and acknowledged by the President or a Vice President of the Association or by the Manager, and shall be served upon the Owner of the Lot by mail to the address of the Lot or at such other address as the Association may have in its records for the Owner. At least ten (10) days after the Association mails the statement to the Owner, the Association may record the statement in the office of the Clerk and Recorder of Weld County, Colorado. The Association may proceed to foreclose the statement of lien in the same manner as provided for the foreclosure of Mortgages under the statutes of the State of Colorado. In either a Personal action or foreclosure action, the Association shall be entitled to recover as a part of the action, the interest, costs, and reasonable attorneys' fees (including legal assistants' fees) with respect to the action. No Owner may waive or otherwise escape liability for the Assessments provided for in this Declaration by nonuse of the Common Element or by abandonment of his Lot. 10.11 Successor's liability for Assessment. In addition to the Personal obligation of each Owner to pay all Assessments and the Association's perpetual lien for such Assessments, all successors to the fee simple title of a Lot, except as provided in Section 10.12, below, shall be jointly and severally liable along with the prior Owner or Owners thereof for any and all unpaid Assessments, interest, late charges, costs, expenses, and attorneys' fees and legal assistants' fees against such Lot without prejudice to any such successor's right to recover from any prior Owner any amounts paid by such successor. This liability of a successor shall not be Personal and shall terminate upon termination of such successor's fee simple interest in the Lot. In addition, such successor shall be entitled to rely on the statement of status of Assessments by or on behalf of the Association under Section 10.14, below. 10.12 Waiver of Homestead Fxemption• Subordination of the lien. The lien of the Assessments shall be superior to and prior to any homestead exemption provided now or in the future by any federal law or the laws of the State of Colorado, and to all other liens and 29 encumbrances except the following: (a) Liens and encumbrances recorded before the date of the recording of this Declaration. (b) Liens for real estate taxes and other governmental Assessments or charges duly imposed a Colorado governmental or political subdivision or special taxing district, or any other liens made superior by statute. (c) The lien for all sums unpaid on a first Security Interest perfected before the date on which the Assessment sought to be enforced is levied, including any and all advances made by the first Security Interest Holder and notwithstanding that any of such advances may have been made subsequent to the date of attachment of the Association's lien. A lien under this Section is also prior to all Security Interests to the extent that the Assessments are based on the periodic budget adopted by the Association and which would have become due, in the absence of acceleration, prior to institution of an action to enforce either the Association's lien or a Mortgage, and statutory liens recognized under Colorado law. All other Persons who hold a lien or encumbrance not described in subsections (a) through (c) above, shall be deemed to consent that any such lien or encumbrance shall be subordinate to the Association's future liens for Assessments, interest, late charges, costs, expenses and attorneys' fees, as provided in this Article, whether or not such consent is specifically set forth in the instrument creating any such lien or encumbrance. 10.13 Statement of Status of Assessments. The Association shall furnish to an Owner or his designee or to any Security Interest Holder a statement setting forth the amount of unpaid Assessments then levied against the Lot in which the Owner, designee or Security Interest Holder has an interest. The Association shall deliver the statement Personally or by certified mail, first class postage prepaid, return receipt requested, to the inquiring party within fourteen (14) calendar days after the registered agent of the Association receives the request by Personal delivery or by certified mail, first class postage prepaid, or return receipt requested. The information contained in such statement, when signed by the Treasurer of the Association or the Manager, shall be conclusive upon the Association, the Board, and every Owner as to the Person or Persons to whom such statement is issued and who rely on it in good faith. The Association may charge such fee for this service as it determines to be appropriate from time to time. 10.15 Failure to Assess. The omission or failure of the Board to fix the Assessment amounts or rates or to deliver or mail to each Owner an Assessment notice shall not be deemed a waiver, modification or release of any Owner from the obligation to pay Assessments. In such event, each Owner shall continue to pay Annual Assessments on the same basis as for the last year for which an Assessment was made until a new Assessment is made, at which time any shortfalls in collections may be assessed retroactively by the Association in accordance with any budget procedures as may be required under the Act. 30 ARTICLE XI. DAMACIF OR DF.STRI JCTTON 11.1 Estimate of Damage or Destniction. As soon as practical after an event causing damage to or destruction of any part of the Common Element, the Association shall, unless such damage or destruction shall be minor, obtain an estimate or estimates that it deems reliable and complete of the costs of repair and reconstruction of that part of the Common Element so damaged or destroyed. "Repair and reconstruction" as used in this Article shall mean restoring the damaged or destroyed Improvements to substantially the same condition in which they existed prior to the damage or destruction. 11.2 Repair and Reconstruction. As soon as practical after obtaining estimates, the Association shall diligently pursue to completion the repair and reconstruction of the damaged or destroyed Improvements. As attorney-in-fact for the Owners, the Association may take any and all necessary or appropriate action to effect repair and reconstruction, and no consent or other action by any Owner shall be necessary. Assessments of the Association shall not be abated during the period of insurance adjustments and repair and reconstruction. 11.3 Funds for Repair and Reconstruction. The proceeds received by the Association from any hazard insurance shall be used for the purpose of repair, replacement, and reconstruction. If the proceeds of the insurance are insufficient to pay the estimated or actual cost of such repair and reconstruction, the Association may, pursuant to Article X above, levy, assess, and collect in advance from all Owners, without the necessity of a special vote of the Owners except as provided in Section 10.4, a Special Assessment sufficient to provide funds to pay such estimated or actual costs of repair and reconstruction. Further levies may be made in like manner if the amounts collected prove insufficient to complete the repair and reconstruction. 11.4 Disbursement of Funds for Repair and Reconstruction. The insurance proceeds held by the Association and the amounts received from the Special Assessments provided for in Article X above, constitute a fund for the payment of the costs of repair and reconstruction after casualty. It shall be deemed that the first money disbursed in payment for the costs of repair and reconstruction shall be made from insurance proceeds, and the balance from the Special Assessments. If there is a balance remaining after payment of all costs of such repair and reconstruction, such balance shall be distributed to the Owners in proportion to the contributions each Owner made as a Special Assessment to the Association under Section 10.4, above, or, if no Special Assessments were made, then on the basis of the allocation to the Owners of Common Expenses under Section 10.3, above, first to the Security Interest Holders and then to the Owners, as their interests appear. 11.5 Decision Not to Rebuild. If Owners representing at least sixty-seven percent(67%) of the votes in the Association, including the vote of every Owner of Improvements that will not be restored and including, during the Special Declarant Rights Period, the vote of Declarant, and any other votes required by the Act, agree in writing not to repair and reconstruct and no alternative Improvements are authorized, then and in that event the Property shall be restored to its natural state and maintained as an undeveloped portion of the Common Element by the Association in a neat 31 and attractive condition. Any remaining insurance proceeds shall be distributed in accordance with the Act. 11.6 Damage or Destruction Affecting l ors In the event of damage or destruction to the Improvements located on any of the Lots, the Owner thereof shall promptly repair and restore the damaged Improvements to their condition prior to such damage or destruction. If such repair or restoration is not commenced within one hundred eighty (180) days from the date of such damage or destruction, or if repair and reconstruction is commenced but then abandoned for a period of more than sixty (60) days, then the Association may, after notice and hearing as provided in the Bylaws, impose a fine accruing at the rate of One Thousand Dollars ($1,000.00) per day or such other rate imposed by the Board in compliance with the Act, charged against the Owner of the Lot until repair and reconstruction is commenced, unless the Owner can prove to the satisfaction of the Association that such failure is due to circumstances beyond the Owner's control. Such fine shall be a Default Assessment and lien against the Lot as provided in Article X, above. ARTICLE XII. CONDEMNATION 12.1 R ights of Owners. Whenever all or any part of the Common Element shall be taken or conveyed in lieu of and under threat of condemnation by any authority having the power of condemnation or eminent domain, each Owner shall be entitled to notice of the taking, but the Association shall act as attorney-in-fact for all Owners in the proceedings incident to the condemnation proceeding, unless otherwise prohibited by law. 12.2 Partial Condemnation, Distribution of Award: Reconstruction. The award made for such taking shall be payable to the Association as trustee for all Owners to be disbursed as follows: (a) If the taking involves a portion of the Common Element on which Improvements have been constructed, then, unless, within sixty(60) days after such taking, Owners representing at least sixty-seven percent (67%) of the votes in the Association, including, during the Special Declarant Rights Period, the vote of Declarant, shall otherwise agree, the Association shall restore or replace such Improvements so taken on the remaining land included in the Common Element to the extent lands are available therefor, in accordance with plans approved by the Executive Board, the DRC, the County, if required, and any other authority having jurisdiction in such matters. (b) If such Improvements are to be repaired or restored, the provisions in Article XII above regarding the disbursement of funds in respect to casualty damage or destruction which is to be repaired shall apply. (c) If the taking does not involve any Improvements on the Common Element, or if there is a decision made not to repair or restore, or if there are net funds remaining after any such restoration or replacement is completed, then such award or net funds shall be distributed on the basis of the Common Expenses allocated to the Owners under Article XII, above, first to the Security Interest Holders and then to the Owners, as their interests appear. 12.3 Complete Condemnation. If all of the Residential Community is taken, condemned, 32 sold, or otherwise disposed of in lieu of or in avoidance of condemnation, then the regime created by this Declaration shall terminate, and the portion of the condemnation award attributable to the Common Element shall be distributed as provided in Article XII, above. ARTICLE XIII. INS!IRANCF 13.1 General Insurance Provisions All insurance coverage obtained by the Executive Board shall conform to any minimum requirements of the Act. 13.2 Authority to Purchase. All insurance policies relating to the Common Element shall be purchased by the Executive Board or its duly authorized agent. The Executive Board, the Manager, and Declarant shall not be liable for failure to obtain any coverage required by this Article or for any loss or damage resulting from such failure if such failure is due to the unavailability of such coverage from reputable insurance companies, or if such coverage is available only at demonstrably unreasonable costs. Notwithstanding the foregoing, if the insurance described in Sections 13.3 and 13.4, below, is not reasonably available, or if any policy of such insurance is cancelled or not renewed without a replacement policy having been obtained, the Association promptly shall cause notice of that fact to be hand delivered or otherwise delivered to Owners by such methods as required by the Act. 13.3 Physical Damage Insurance on Common Flement. The Association shall obtain insurance for all insurable Improvements, if any, owned by it on the Common Element in an amount equal to the full replacement value (i.e., one hundred percent [100%] of the current "replacement cost" exclusive of land, foundation, excavation, depreciation on personal property, and other items normally excluded from coverage), which shall include all building service equipment and the like, common personal property and supplies, and any fixtures or equipment upon the Common Element. In addition, such policy shall provide the following: (a) Loss or damage by fire and other hazards covered by the standard extended coverage endorsement with the standard "all-risk" endorsement covering sprinkler leakage, debris removal, cost of demolition, vandalism, malicious mischief, windstorm, and water damage. (b) Such other risks as shall customarily be covered with respect to projects similar in construction, location, and use to the Common Element. (c) A waiver of any right of the insurer to repair, rebuild or replace any damage or destruction, if a decision is made pursuant to this Declaration not to do so. (d) The following endorsements (or equivalent): cost of demolition; contingent liability from operation of building laws or codes; increased cost of construction; agreed amount or elimination of co-insurance clause; and inflation guard (if available). (e) The deductible, if any, on any insurance policy purchased by the Executive Board may be treated as a Common Expense payable from Annual Assessments or Special 33 Assessments allocable to all of the Lots or to only some of the Lots, if the claims or damages arise from the negligence of particular Owners (if the repairs benefit only particular Owners), or as an item to be paid from any working capital reserves established by the Executive Board. Except as otherwise set forth in this Article, the maximum deductible amount shall be the lesser of Ten Thousand Dollars ($10,000.00) or one percent (1%)of the policy face amount. Prior to obtaining or renewing any policy of physical damage insurance, the Executive Board shall review or obtain an appraisal of the then current replacement cost of Improvements (exclusive of the land, excavations, foundations and other items normally excluded from such coverage) for the purpose of determining the amount of physical damage insurance to be secured pursuant to this Article. 13.4 Liability Tnsnranee. The Association shall obtain a comprehensive policy of commercial general liability insurance and property damage insurance as provided by the Act with such limits as the Executive Board may from time to time determine, insuring each member of the Executive Board, the Association, the Manager, and the respective employees, agents and all persons acting as agents of the Association against any claims and liability in connection with the ownership, existence, use, operation, maintenance, or management of the Common Element and alleys, sidewalks, streets and roads within The Residential Community and any other areas under the control of the Association. Declarant shall be included as an additional insured in Declarant' capacity as an Owner. The Owners shall be included as additional insureds, but only for claims and liabilities arising in connection with the ownership, existence, use, operation, maintenance, or management of the Common Element. Such comprehensive policy of public liability insurance shall include the following: (a) Coverage for contractual liability, liability for non-owned and hired automobiles, and, if applicable, host liquor liability, employer's liability, and such other risks as shall customarily be covered with respect to developments similar to The Residential Community in construction, location, and use. (b) A cross liability endorsement under which the rights of a named insured under the policy shall not be prejudiced with respect to an action against another insured. The Executive Board shall review the coverage and limits at least once every two (2) years, but, generally, the Executive Board shall carry such amounts of insurance usually required by private institutional mortgage lenders on projects similar to The Residential Community, and in no event shall such coverage be less than One Million Dollars ($1,000,000.00) for all claims for bodily injury or property damage arising out of one (1) occurrence. Reasonable amounts of "umbrella" liability insurance in excess of the primary limits shall also be obtained in an amount not less than Two Million Dollars($2,000,000.00). 13.5 Fidelity Insurance. Fidelity bonds shall be maintained by the Association to protect against dishonest acts on the part of its officers, directors, employees, and all others who handle or are responsible for handling the funds of or administered by the Association. If responsibility for 34 handling funds is delegated to a Manager, such bonds shall be required for the Manager and its officers, employees, and agents, as applicable. Such bonds shall contain waivers by the issuers of all defenses based upon the exclusion of persons serving without compensation from the definition of "employees," or similar terms or expressions. Such bonds shall name the Association as an obligee and cover the maximum funds that will be in the custody of the Association or any management agent at any time while the bond is in force. 13.6 Flood Insurance. If any part of the Improvements, if any, on the Common Element are located in a Special Flood Hazard Area, which is designated A, AE, AH, AO, Al-30, A-99, V, VE or V1-30 on a Flood Insurance Rate Map, the Association shall obtain a policy of flood insurance in an amount equal to one hundred percent (100%) of the insurable value of the Improvements or the maximum coverage available under the appropriate National Flood Insurance Administration program. 13.7 Provisions Common to Physical Damage Insurance liability Insurance, Fidelity insurance and Flood Insurance. Any insurance coverage obtained by the Association under the provisions of this Article above shall be subject to the following provisions and limitations: (a) The named insured under any such policies shall include Declarant, until all of the Lots have been conveyed, and the Association, as attorney-in-fact for the use and benefit of the Owners, or the authorized representative of the Association (including any trustee with whom the Association may enter into an insurance trust agreement, or any successor trustee, each of which is sometimes referred to in this Declaration as the "Insurance Trustee"), who shall have exclusive authority to negotiate losses under such policies. (b) Each Owner shall be an insured person with respect to liability arising out of the Owner's interest in the Common Element or membership in the Association. (c) In no event shall the insurance coverage obtained and maintained pursuant to this Article be brought into contribution with insurance purchased by the Owners or their Security Interest Holders. (d) The policies shall provide that coverage shall not be prejudiced by: any act or neglect of any Owner (including an Owner's family, tenants, servants, agents, invitees, and guests) when such act or neglect is not within the control of the Association; any act or neglect or failure of the Association to comply with any warranty or condition with regard to any portion of The Residential Community over which the Association has no control; or conduct of any kind on the part of an Owner (including the Owner's family, tenants, employees, agents, invitees and guests)) or any Director, officer, employer, or Manager of the Association, without prior demand to the Association and a reasonable opportunity to cure. (e) The policies shall contain the standard mortgagee clause commonly accepted by private institutional mortgage investors in the area in which The Residential Community is located, and provide that coverage may not be cancelled in the middle or at 35 the end of any policy year or other period of coverage or substantially modified or reduced (including cancellation for nonpayment of premiums) without at least thirty(30) days'prior written notice mailed to the Association and to each Person to whom a certificate of insurance has been issued, at their respective last known addresses. (t) The policies shall contain a waiver by the insurer of any right to claim by way of subrogation against Declarant, the Executive Board, the Association, the Manager, and any Owner and their respective agents, employees, or tenants, and in the case of Owners, members of their households, and of any defenses based upon co-insurance. (g) The policies described in Sections 13.3 and 13.4, above, shall provide that any "no other insurance" clause shall expressly exclude individual Owners'policies from its operation so that the physical damage policy or policies purchased by the Executive Board shall be deemed primary coverage, and any individual owners' policies shall be deemed excess coverage. 13.8 Personal Liability Insurance of Officers and Directors. To the extent obtainable at reasonable cost, appropriate officers' and directors' personal liability insurance may be obtained by the Association to protect the officers and Directors from personal liability in relation to their duties and responsibilities in acting as such officers and Directors on behalf of the Association. 13.9 Workmen's Compensation Insurance, The Association shall obtain workmen's compensation or similar insurance with respect to its employees, if any, in the amounts and forms as may now or hereafter be required by law. 13.10 Other insurance. The Association may obtain insurance against such other risks, of a similar or dissimilar nature, as it deems prudent and appropriate with respect to the Association's responsibilities and duties. 13.11 Insurance Obtained by Owners. No insurance coverage obtained by an Owner covering the Owner's personal property and personal liability shall operate to decrease the amount which the Executive Board, on behalf of all Owners, may realize under any policy maintained by the Executive Board or otherwise affect any insurance coverage obtained by the Association or cause the diminution or termination of that coverage. Any such insurance obtained by an Owner shall include a waiver of the particular insurance company's right of subrogation against the Association and other Owners. ARTICLE XIV. TNDFMNIFTCATTON To the full extent permitted by law, each officer and Member of the Executive Board of the Association shall be and is hereby indemnified by the Members and Owners and the Association against all expenses and liabilities, including attorneys' fees, reasonably incurred by or imposed upon him or her in any proceeding to which he or she may be a party, or in which he or she may become involved, by reason of his or her being or having been an officer or Director on the Executive Board of the Association, or any settlement thereof, whether or not he or she is an 36 officer or a Member of the Executive Board of the Association at the time such expenses are incurred, except in such cases where such officer or Member of the Executive Board is adjudged guilty of willful misfeasance or malfeasance in the performance of his or her duties; provided that in the event of a settlement, the indemnification shall apply only when the Executive Board approves such settlement and reimbursement as being in the best interests of the Association. ARTICLE XV. SPECIAL DECLARANT RIGHTS AND ADDITIONAL.RESERVED RIGHTS 15.1 Special Declarant' Rights. Declarant hereby expressly reserves the right, for a period of ten (10) years following the recordation of this Declaration in the Office of the Clerk and Recorder of Weld County, Colorado, to perform the acts and exercise the rights hereinafter specified ("Special Declarant Rights"). The Special Declarant Rights, including development rights, are the following: (a) Control of Association and Executive Roard. The right to remove any officer or Member of the Executive Board during the Period of Declarant Control. (b) Completion of Improvements. The right to complete Improvements indicated on Plats filed with Weld County, Colorado, as they may be amended from time to time. (c) Construction and Access Easements. The right to use easements through the Common Element for the purpose of making Improvements and to provide access to all real estate within Sage Hill. The right to construct, and complete the construction of Improvements on the Common Element. (d) Merger. The right to merge or consolidate part or all of Sage Hill with another developed property of the same form of Ownership and to merge or consolidate the Association with any association or associations governing all or any part of a common interest community in Sage Hill. (e) Annexation of Expansion Property. The right to annex all or part of any Expansion Property to the Property. (f) Creation of Lots. The right to create Lots and Common Element on the Property, except as otherwise specifically limited in this Declaration. (g) Subdivision of lots. The right to subdivide Lots and convert Lots into Common Element on any part of the Property, except as otherwise specifically limited in this Declaration. (h) Withdrawal of Property. The right to withdraw real estate, whether contained within the Property initially subject to this Declaration or within the Expansion Property, from the Residential Community. 37 (i) Sales Offices. The right to construct, maintain and/or relocate from time to time, model residences, sales offices, construction offices, management offices, signs advertising the Lots and to conduct sales activities thereon. Such rights shall include, without limitation,the right to install signage,both fixed and movable, flags and flag poles. (j) Dedication of Lands. The right to amend and establish, from time to time, by dedication or otherwise, rights of way and easements for purposes, including, but not limited to, utilities, streets, sidewalks, paths, alleys, parks, and drainage and to create other reservations, exceptions and exclusions for the benefit of and to serve the Owners within the Residential Community and Sage Hill. 15.2 Additional Reserved Rights. In addition to the Special Declarant Rights set forth in Section 15.1, above, Declarant also reserves the following additional rights ("Additional Reserved Rights"): (a) 11se Agreements. The right to enter into, establish, execute, amend and otherwise deal with contracts and agreements for the use, lease, repair, maintenance or regulation of the Improvements and other facilities constructed or to be constructed on the Common Element. (b) Colorado Common Interest Ownership Act. The right to amend this Declaration to comply with the requirements of the Colorado Common Interest Ownership Act in the event any provision contained herein does not so comply with the Act. (c) Executive Hoard Votes and Common Expense Allocations. The right to determine the number of votes of Members on the Executive Board and allocations of Common Expenses to Members as provided by Sections 5.5 and 5.6 above. (d) Allocations Regarding Limited Common Element. The right to allocate specified areas which constitute a part of the Common Element as Limited Common Element for the exclusive use of the Owners of Lots to which the specified areas shall become appurtenant. (e) Right of Amend Declaration. The right to amend this Declaration and any Plat in connection with the exercise of any Development Right or any other Special Declarant Right to the extent permitted by the Act, and Declarant also reserves the additional rights retained for the benefit of Declarant in this Article and in other provisions of this Declaration. 15.3 Order of Exercise of Declarant's Rights. Declarant makes no representations and gives no assurances regarding the legal description or the boundaries of any phase of the Expansion Property or the order in which the phases of the Expansion Property may be developed or incorporated into the Residential Community. Further,the fact that Declarant may exercise one (1) or more of Declarant's rights on a portion of the Property, including the Expansion Property, shall not operate to require Declarant to exercise a right with respect to any other portion of the Property. 38 15.4 Rights Transferable. Any Special Declarant Right or Additional Reserved Right created or reserved under this Article for the benefit of Declarant may be transferred to any Person by an instrument describing the rights transferred and recorded in Weld County, Colorado. Such instrument shall be executed by Declarant and the transferee. ARTICLE XVI. EXPANSION 16.1 Reservation of Right to Fxpand. Declarant reserves the right to, and the effect of this Declaration shall be expanded, to include all or any part of any and all Lots created within or annexed to Sage Hill as Lots under this Declaration. The consent of the existing Owners or Security Interest Holders shall not be required for any such expansion, and Declarant may proceed with expansion without limitation at its sole option. Declarant shall have the unilateral right to transfer to any other Person this right to expand by an instrument duly recorded. Declarant shall pay all taxes and other governmental assessments relating to the expansion property as long as Declarant own such property. 16.2 Declaration of Annexation. Any such expansion shall be accomplished automatically, upon recording by the Declarant of a Declaration of Annexation and one (1) or more supplemental Plats describing the real estate sought to be included. Upon recording of a Declaration of Annexation in compliance with the terms of this Declaration, this Declaration shall automatically, and without further documentation, be deemed amended to include the expansion property described in such Declaration of Annexation as being subject to the terms of this Declaration. Upon recordation of a Declaration of Annexation, the definitions used in this Declaration shall be expanded automatically to encompass and refer to the expanded common interest community. An expansion of this Declaration to include additional Common Element may be accomplished upon recording by Declarant of a Declaration of Annexation on or before the expiration of the period of Special Declarant Rights. The Declaration of Annexation shall describe the real property to be added to the Common Element and submit the same to the covenants, conditions, restrictions and easements contained in this Declaration. Such Declaration of Annexation shall not require the consent of the Owners or Security Interest Holders. Any such expansion shall be effective upon the filing for record of a Declaration of Annexation and supplemental Plat. Any such expansion may be accomplished in stages by successive supplements or in any one supplemental expansion. ARTICLE XVII. DRAINAGF 17.1 Acknowledgment. Soils within the State of Colorado consist of expansive soils, low- density soils, and moisture retentive soils which will adversely affect the integrity of a dwelling if the dwelling and the Lot on which it is constructed are not properly maintained. Expansive soils contain clay minerals which have the characteristic of changing volume with the addition or subtraction of moisture, thereby resulting in swelling and/or shrinking soils. The addition of 39 moisture to low-density soils causes a realignment of soil grains, thereby resulting in consolidation and/or collapse of the soils. 17.2 Moisture. Each Owner of a Lot shall use his or her best efforts to assure that the moisture content of those soils supporting the foundation and the concrete slabs forming a part of the dwelling constructed thereon remain stable and shall not introduce excessive water into the soils surrounding the dwelling. 17.3 Grading. Each Owner of a Lot shall maintain (and not alter) the grading and drainage patterns of the Lot as indicated in the subdivision plans on file with the Planning Office of the County. 17.4 Water Flow. The Owner of a Lot shall not impede or hinder in any way the water falling on the Lot from reaching the drainage courses established for the Lot and the Residential Community. 17.5 Action by Owner. To accomplish the foregoing, each Owner of a Lot covenants and agrees, among other things: (a) Not to install improvements, including, but not limited to, landscaping, items related to landscaping, walks,driveways,parking pads,patios, fences, walls, additions to a dwelling, or any other item or improvement which will change the grading of the Lot. (b) To fill with additional soil any back-filled areas adjacent to the foundation of the dwelling and in or about the utility trenches on the Lot in which settling occurs to the extent necessary from time to time maintain the grading and drainage patterns of the Lot. (c) Not to water the lawn or other landscaping on the Lot excessively. (d) Not to plant flower beds (especially annuals) and gardens adjacent to or within four(4) feet of the foundation and slabs of the dwelling located on the Lot. (e) To install any gravel beds in a manner which will assure that water will not pond in the gravel areas, whether due to non-perforated edging or due to installation of the base of the gravel bed at a level lower than the adjacent lawn. (f) To install a moisture barrier (such as polyethylene) under any gravel beds, except any gravel beds in back-filled areas). (g) To assure that: (i) water that flows from downspout extensions or splash blocks is allowed to flow rapidly away from the foundation and/or slabs; and, (ii) splash blocks are maintained under sill cocks. (h) To re-caulk construction joints opening up between portions of exterior slabs and garage slabs in order to thereby seal out moisture. 40 17.6 Disclaimer. Declarant shall not be liable for any loss or damage to a dwelling caused by or in anyway connected with soil conditions or failure of an Owner to control drainage on any Lot. ARTICLE XIII. MISCFT.T ANEOIIS PROVISIONS 18.1 Fnforcement. The Association or the Owner of any of the Lots on the Property may enforce the restrictions, conditions, covenants and reservations imposed by the provisions of Residential Community Documents by proceedings at law or in equity against any Person or against the Association violating or attempting to violate any of the said Articles, Bylaws or Rules and Regulations, or restrictions and limitations of this Declaration, either to recover damages for such violation, including reasonable attorneys' fees incurred in enforcing this Declaration, or to restrain such violation or attempted violation or to modify or remove structures fully or partially completed in violation hereof, or both. Failure of the Association, the Executive Board, DRC, or any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. The Association shall not be liable to reimburse any Member or Owner for attorneys' fees or costs incurred in any suit brought by a Member or Owner to enforce or attempt to enforce any provision of the Residential Community Documents. 18.2 Enforcement by Governmental Entity. The County of Weld (the "County") is intended to be a third party beneficiary of this Declaration and may, at its discretion, enforce the covenants it deems appropriate. Except in the case of an immediate need when the County is authorized to act on behalf of and at the expense of the Association, the County shall proceed only after notice and hearing. In the event that the Association or any successor to the Association fails to maintain the Common Element in reasonably good order and condition or to enforce this Declaration which the County determines to be appropriate and necessary, the County may serve written notice upon such organization or upon the residents of The Residential Community setting forth the manner in which the organization has failed to maintain the Common Element in reasonable condition or to enforce this Declaration. The notice shall include a demand that such deficiencies be cured within thirty(30) days thereof and shall state the date and place of a hearing thereon which shall be held before the County Administrator or his designee within fourteen (14) days of the notice. At such hearing, the County may modify the terms of the original notice as to deficiencies and may give an extension of time within which they shall be cured. If the deficiencies set forth in the original notice or in the modifications thereof are not cured within said thirty (30) days or any extension thereof, the County, in order to preserve the taxable values of the properties within The Residential Community and to prevent the Common Element from becoming a public nuisance or to prevent or cure a violation of this Declaration, may enter upon said Common Element and maintain, improve if necessary, and enforce this Declaration. The cost of such maintenance by the County shall be paid by the Association within four(4) weeks and if not, then by the Owners of Lots within The Residential Community. Any unpaid assessments may be collected by the initiation of litigation or may become a lien on said properties at the County's discretion. To enforce the lien, the County shall file a notice of such lien in the Office of the County Clerk and Recorder upon the properties affected by such lien within The Residential Community. The County is authorized to recover all its legal costs, filing and recording 41 fees and interest at twelve percent (12%) per annum with respect to all assessments which are not paid when due and covenants for which it deems enforcement is appropriate. 18.3 Term of Declaration. This Declaration shall run with the land, shall be binding upon the Members and upon all Persons owning Lots and any Persons hereafter acquiring said Lots, and shall be in effect in perpetuity unless amended or terminated as provided herein or in the Act (to the extent applicable). 18.4 Amendment of Declaration. Except as otherwise provided in the Act and this Declaration, and subject to provisions elsewhere contained in this Declaration requiring the consent of Declarant or others, any provision, covenant, condition, restriction or equitable servitude contained in this Declaration may be amended or repealed at any time and from time to time upon approval of the amendment or repeal by vote of Members of the Association holding at least sixty- seven percent (67%) of the votes of the Association present in Person or by proxy at a duly constituted meeting of the Members. The approval of any such amendment or repeal shall be evidenced by the certification by the Executive Board of the Association of the vote of Members. The amendment or repeal shall be effective upon the recordation in the Office of the Clerk and Recorder of Weld County, Colorado, of a certificate, executed by the President and Secretary of the Association setting forth the amendment or repeal in full and certifying that the amendment or repeal has been approved by the Members and certified by the Executive Board as set forth above. 18.5 Captions. The captions contained in the Documents are inserted only as a matter of convenience and for reference, and in no way define, limit or describe the scope of the Documents or the intent of any provision thereof. 18.6 Gender. The use of the masculine gender refers to the feminine gender, and vice versa, and the use of the singular includes the plural, and vice versa, whenever the context of the Documents so require. 18.7 Waiver. No provision contained in the Documents is abrogated or waived by reason of any failure to enforce the same, irrespective of the number of violations or breaches which may occur. 18.8 Invalidity and Severability. The invalidity of any provision of the Documents does not impair or affect in any manner the validity, enforceability or effect of the remainder, and if a provision is invalid, all of the other provisions of the Documents shall continue in full force and effect. 18.9 No Partition of Common Area. The Common Element shall be owned by the Association. No Member shall bring any action for partition or division of the Common Element. By acceptance of a deed or other instrument of conveyance or assignment, each Owner shall be deemed to have specifically waived such Owner's rights to institute or maintain a partition action or any other action designed to cause a division of the Common Element, and this Section may be pleaded as a bar to any such action. Any Owner who shall institute or maintain any such action shall be liable to the Association, and hereby agrees to reimburse the Association for its costs, expenses, and reasonable attorneys' fees in defending any such action. 42 18.10 Conflict. If there is any conflict between the Residential Community Documents and the provisions of the Act, the provisions of the Act, to the extent applicable, shall control. In the event of any conflict between this Declaration and any other Document, this Declaration shall control. IN WITNESS WHEREOF, Declarant has caused this Declaration to be executed as of the day and year first above written. TERRA FIRMA VENTURES, LLC, a Colorado Limited Liability Company By: Timothy J. Halopoff, Manager STATE OF COLORADO ) COUNTY OF WELD ) The foregoing instrument was acknowledged before me this day of July, 2005, by Timothy J. Halopoff, General Partner of TERRA FIRMA VENTURES, LLC, a Colorado Limited Liability Company. WITNESS my hand and official seal. Notary Public My Commission Expires: 43 APPROVAT, RATIFICATION AND CONFIRMATION The undersigned, having a Security Interest in the real property described on Exhibit "A" attached hereto and incorporated herein by reference, hereby approves, ratifies, confirms and consents to the foregoing Declaration of Covenants, Conditions, Restrictions and Easements for Sage Hill. IN WITNESS WHEREOF, the undersigned has caused its name to be hereunto subscribed this day of , 2005. a By: STATE OF COLORADO ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2005, by as of , a WITNESS my hand and official seal. My commission expires: Notary Public 44 EXHIBIT"A" T eg I Description of Sage Hill T egl Description of the Common Flements 45 DESIGN GUIDELINES FOR SAGE HILL Section 1: Architectural Control Committee. (a) Membership. The Architectural Control Committee shall consist of three (3) persons. The members of the Architectural Control Committee shall be appointed by the Declarant. At such time as the Declarant is no longer the Owner of one or more lots within the Common Interest Community, then the members of the Architectural Control Committee shall be appointed by the Executive Board from among the Owners. (b) Purpose. The Architectural Control Committee is established for the purpose of maintaining within the Common Interest Community a consistent and harmonious general character of development and a style and nature of building design and visual appeal consistent with the natural beauty and features of the Common Interest Community. (c) Term. Each member of the Architectural Control Committee shall serve at the pleasure of the person or entity appointing such member. In the event of the death or resignation of any member of the Architectural Control Committee, the person or entity that appointed such member shall appoint a successor. (d) Decisions. All decisions of the Architectural Control Committee shall be by a majority vote of those members of the Committee present at a meeting at which a quorum is present. A majority of the members of the Architectural Control Committee shall constitute a quorum. (e) Compensation. The members of the Architectural Control Committee shall no be entitled to any compensation for services performed pursuant to this Declaration but shall be entitled to reimbursement by the Association for all costs and expenses incurred in performing their duties pursuant to this Declaration. (f) Delegation. The Architectural Control Committee shall have the power to delegate the responsibility for reviewing any application submitted to the Architectural Control Committee to a professional architect, landscape architect, engineer, or other professional person who is qualified to pass on the issues raised in the application. The Architectural Control Committee shall also have the power to require that the applicant pay the fees reasonably incurred by the Architectural Control Committee in retaining such professional to review the application submitted. (g) Nonliability. No member of the Architectural Control Committee shall be liable to the Association or to any Owner or prospective Owner for any loss,damage,or injury arising out of or in connection with the performance of the duties of the Architectural Control Committee under this Declaration, unless such action constitutes willful misconduct or bad faith on the part of the Architectural Control Committee. Review and consideration of any application submitted to the Architectural Control Committee shall be pursuant to this Declaration, and any approval granted shall not be considered approval of the structural safety or integrity of the improvements to be constructed or conformance of such improvements with building codes, zoning resolutions, subdivision regulations, or other governmental rules and regulations applicable to the Common Interest Community. Section 2: Submission. Each application for approval shall be submitted within twelve (12) months of the closing date and shall include the following: (a) Two (2) complete copies of the site and landscape plans of the Lot. The site plan shall show the following information with a scale of one (1) inch on the plans for each forty(40) feet of actual distance on the Lot: (1) A building footprint with dimensions from front, rear, and side boundary line of the Lot. (2) Driveways located or to be constructed on the Lot. (3) Any existing structures on the Lot. (4) Location of improvements with respect to utility lines and facilities. (b) Two (2) complete sets of construction plans and specifications. Said plans and specifications shall include the following minimum information: (1) Floor plans of all levels of any Residence, which plans shall contain sufficient detail to describe the elements of the floor plan design. (2) Total square footage for each level of any Residence. (3) Building elevations on all sides of the proposed structure containing sufficient detail to determine roof form and material, window locations, siding material, and door placements. (4) A written description of the materials to be used in the roof and exterior walls of the structure. (5) The size, type, and material to be incorporated in any fencing to be located on the Lot. (6) The color of any paint, stain, or stucco to be applied to the improvements and the color of the roofing material. Section 4: Rules and Guidelines. The Architectural Control Committee may issue rules setting forth procedures for the submission of plans for approval and may also issue guidelines setting forth the criteria that the Architectural Control Committee will use in considering plans submitted to it for approval. Section 5: Review of Plans and Specifications. The Architectural Control Committee shall consider and act upon any and all requests submitted for its approval. The Architectural Control Committee shall approve plans and specifications submitted to it only if it determines that the construction, alteration, or additions contemplated thereby, and in the location as indicated, will comply with this Declaration, will serve to preserve and enhance the values of Lots within the Common Interest Community, and will maintain a harmonious relationship among structures, vegetation, topography, and the overall development of the Common Interest Community. The Architectural Control Committee shall consider the quality of workmanship, type of materials, and harmony of exterior design with other Residences located within the Common Interest Community. Should the Architectural Control Committee fail to approve or disapprove the plans and specifications submitted to it by an Owner of a Lot within thirty (30) days after complete submission of all required documents, then such approval shall not be required; provided, however, that no building or other structure shall be erected or allowed to remain on any Lot which violates any of the covenants or restrictions contained in this Declaration. The issuance of a building permit or license for the construction of improvements inconsistent with this Declaration shall not prevent the Association or any Owner from enforcing the provisions of this Declaration. Approval by the Architectural Control Committee shall be in writing or by endorsement on the plans. Section 6: No Waiver of Future Approval. The approval by the Architectural Control Committee of any proposal or plans and specifications for any work to be done on a Lot shall not be deemed to constitute a waiver of any right to withhold approval or consent to any similar proposals, plans, specifications, drawing, or other matter subsequently or additionally submitted for approval by the same Owner or by anther Owner. Section 7: Land Use and Building Type. No building or other structure shall be erected, altered, placed, or permitted to remain on any Lot other than one (1) single-family, site-built Residence per Lot, with attached garage for three (3) automobiles; outbuildings as hereinafter described; and such other structures as may be approved by the Architectural Control Committee. Section 8: Residence Size. No Residence shall be erected, altered, or permitted to remain on any Lot of the Common Interest Community unless the ground floor area total finished area thereof, exclusive of basements, open porches, and garages, is not less than twenty-three hundred (2,300) square feet for a single-story Residence and a total of two thousand (2,000) square feet for a multi-level Residence. The square footage of basements, walk-outs, and garden levels shall not be included in determining the square footage of a multi-level Residence. For purposes of this provision, the terms "basement," "walk-out,"and"garden level" shall mean any level, a portion of which is constructed below the ground elevation. Section 9: Garages. Each Residence shall include an attached, three-car garage. "Three- car garage" shall mean that three (3) motor vehicles may be parked side-by-side in the garage. The garage shall have three (3) standard-size, single-car garage doors or one (I) standard-size, single-car garage door and one (1) standard-size, double-car garage door. Tandem garages in which motor vehicles are parked one behind another shall not be deemed to satisfy the requirements of a three-car garage even though the tandem garage may be capable of accommodating three motor vehicles. Larger garages shall be permitted if approved by the Architectural Control Committee. If an Owner desires an additional detached garage, it may be permitted if approved by the Architectural Control Committee. A detached garage must match the Residence in style, color, and design. The Architectural Control Committee will consider location in reviewing plans for a detached garage. Section 10: Roof. All exteriors shall be cedar shake; tile wood fiber cement shingles; "Heritage Premium" shingles manufactured by Tamko Roofing Products, Inc.; "Prestige Plus" shingles manufactured by Elk Corporation; "Oakridge Shadow"shingles manufactured by Owens Coming Corporation; or roofing materials comparable to the "Heritage Premium" shingles, "Prestige Plus" shingles, or "Oakridge Shadow" shingles in design, style, and quality as may be approved by the Architectural Control Committee. Section 11: Siding. All exteriors shall be brick, masonry, stucco, or topgrade synthetic, cedar, or redwood siding. Brick or other masonry, if used, shall wrap around the front corners of the Residence a minimum of four(4) feet. Synthetic siding may only be installed with adequate backing and in strict conformance to the manufacturer's recommendations and specifications. No log homes shall be permitted. Section 12: Color. All Residences and other structures constructed on any Lot shall be white or earthtone in color as approved by the Architectural Control Committee. Section 13: Building Height. No Residence or other structure constructed upon any Lot shall exceed thirty-five (35) feet in height from the top of the main-floor foundation of such Residence or structure to the highest point on the Residence or structure. The Architectural Control Committee may grant relief from the provisions of this section for good cause shown. Section 14: Outbuildings. Outbuildings, such as hay barns, stables, and corrals, shall be permitted subject to Architectural Control Committee approval and the following guidelines: (a) No outbuilding shall exceed two thousand five hundred (2,500) square feet in size. (b) All outbuildings shall be substantially the same style, color, and design as, or a complementary style, color, and design to, the Residence constructed on the Lot. Metal buildings shall not be permitted without prior approval from the Architectural Control Committee. (c) If more than one outbuilding is constructed, all outbuildings shall be of the same general color and design scheme. (d) The Architectural Control Committee may consider the proposed location of outbuildings in deciding whether to approve outbuildings and may require landscape screening or masking. Without limiting the generality of the foregoing, no outbuilding shall be constructed so that the closest part of the outbuilding is closer to an internal street than the furthest point of the Residence is to the street. The Architectural Control Committee may grant relief from this provision for outbuildings proposed on corner Lots. Section 15: Driveways. All driveways shall be constructed of asphalt or concrete pavement or other hard surfacing approved by the Architectural Control Committee. Recycled asphalt shall not be permitted. The Owner of each Lot shall install a culvert at the entrance to the Owner's driveway. Driveway culverts shall be double-walled black corrugated polyethylene pipe with flared end sections of a quality equal to or better than "N-12" pipe manufactured by Advanced Drainage Systems. Section 16: Building Location: Except as otherwise provided in this section, no Residence or other structure shall be constructed or placed upon any Lot nearer to the front Lot line, side Lot line, or rear Lot line than the following minimum setback requirements: (a) Front Lot Line: No building shall be located on any Lot nearer than fifty (50) feet from the front Lot line. (b) Side Lot Line: No building shall be located on any Lot nearer than fifty (50) feet from the side Lot line. (c) Rear Lot Line: No building shall be located on any Lot nearer than fifty (50) feet from the rear Lot line. For purposes of this section, building corners, eaves, steps, open porches (roofed or not roofed), or other components of a building shall be considered as part of the building. The Architectural Control Committee or the Executive Board of the Association reserves the right to designate which streets are front streets and which property lines are front Lot lines, side Lot lines, and rear Lot lines. Any "reverse corner Lots" (i.e., those Lots having streets on two (2) sides of the Lot) shall he required to satisfy the front Lot line setback requirements set forth above on both sides of the Lot abutting such streets regardless of which direction the building thereon faces. The Architectural Control Committee may grant relief from the provisions of this Section for good cause shown. Notwithstanding the foregoing setback requirements, no building or other structure, except fences, shall be constructed, installed, or permitted to remain within any easement. Section 17: Sight Distance at Intersections. No fence, wall, hedge, or shrub planting which obstructs sight lines at elevations less than six (6) feet above the street shall be placed or permitted to remain on any corner Lot unless it is placed at least seventy-five (75) feet from the centerline of both streets. No tree or obstruction shall be permitted to remain on a corner Lot unless the foliage line is maintained to sufficient height to prevent obstruction of sight lines. Section 18: Construction. Construction of a Residence or other structure approved by the Architectural Control Committee shall commence within nine(9)months after approval of the plans and specifications,and the Owner shall thereafter proceed diligently with such construction. The exterior of any such structure shall be complete within six (6) months of the date of commencement of construction. The Architectural Control Committee may grant an extension of the foregoing time periods for good cause and when such extension is requested by the Owner. Each Owner shall provide portable toilet facilities and trash dumpster during construction of the Residence on such Owner's Lot. Section 19: Fences: Any fence to be constructed on a Lot must be approved by the Architectural Control Committee. If the Owner of a Lot desires: (a) to fence any portion of the perimeter boundary of his or her Lot; or (b) to fence any portion of his or her Lot within one hundred (100) feet of the front property line; or(c) fence any portion of his or her Lot within one hundred (100) feet of a side property line where it abuts an internal street, then the fence shall be a wooden, three—rail fence the same as that constructed by the Declarant along the front and side boundary of the Common Interest Community. An Owner may construct a privacy fence around a patio, deck, garden, or other enclosed area, provided that the enclosed area does not exceed three thousand (3,000) square feet. All privacy fences shall be constructed of wood, masonry, or other materials approved by the Architectural Control Committee. No privacy fence may be constructed within fifty (50) of the Side Lot line. No privacy fence of any kind may be constructed nearer the front Lot line than the midpoint of the side of the Residence constructed on the Lot. An Owner may construct a kennel and dog run on the Lot, which dog run may be constructed of chain link fence, proved that the dog run is partially screened from view from other Lots or adjacent streets by a privacy fence or landscaping approved by the Architectural Control Committee. Interior fencing for the containment of horses may be constructed using wood posts with wood rails with or without smooth wire or other types of fencing as may be approved by the Architectural Control Committee. In no even shall barbed wire or metal t-posts be utilized. Wildlife-friendly fencing is encouraged, particularly at the rear of Lots backing to the Cactus Hill Lateral Ditch. Section 20: Landscaping. Each Lot shall be fully landscaped within twelve (12) months after the issuance of a certificate of occupancy for a Residence on the Lot. Native grasses shall be a permissible form of landscaping. Section 21: Signs. No sign of any character shall be displayed or placed upon any Lot, with the following exceptions: (a) one (1) sign per Lot of not more than six (6) square feet in total area advertising a Lot for sale shall be permitted on any Lot; (b) the Declarant or the Association shall have the right to place a permanent sign at the entrance to the Common Interest Community identifying the development; (c) until such time as the Declarant is no longer the Owner of a Lot, the Declarant or its agents shall have the right to place one or more signs on the Common Interest Community, without limitation of size, offering Lots within the Common Interest Community for sale; and (d) additional signs may be permitted if approved by the Architectural Control Committee. Section 22: Clotheslines. Only retractable clotheslines may be installed on a Lot. Section 23: Antennas. No antenna or other device for the transmission or reception of television or radio signals or any other form of electromagnetic radiation, including, by example and not limitation, satellite dishes, shall be erected, used, or maintained outdoors on any Lot, whether attached to a building or structure or otherwise, unless approved by the Architectural Control Committee. Antennae exceeding the height of the Residence shall not be permitted. Mini-satellite dishes, such as Direct TV and dish networks for intemet connection are acceptable and shall not require approval from the Architectural Control Committee. Section 24: Storage Tanks and Containers. No elevated tanks of any kind shall be erected, placed, or permitted to remain on any Lot unless such tanks are screened from view from other Lots and from the streets by fencing or landscaping in a manner approved by the Architectural Control Committee. All air-conditioning, refrigeration, cooling, heating, or other mechanical equipment or system which is located outside of a Residence or other structure on a Lot shall be screened from view from other Lots and from the streets by fencing or landscaping approved by the Architectural Control Committee. Window air-conditioning and swamp coolers shall not be permitted. Section 25: Damage or Destruction of Improvements. In the event any Residence or other structure constructed on a Lot is damaged, either in whole or in part, by fire or other casualty, said Residence or other structure shall be promptly rebuilt or remodeled to comply with this Declaration; or in the alternative, if the Residence or other is not to be rebuilt, all remaining portions of the damaged structure, including the foundation and all debris, shall be promptly removed from the Lot, and the Lot shall be restored to its natural condition existing prior to the construction of the Residence or other structure. USE RESTRICTIONS Section 1: Trash Collection. 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 companion 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 or 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. Section 2: Mineral Extraction. No mining or extraction of oil, gas, gravel or other minerals shall be permitted on any Lot. Section 3: Resubdivision. No Lot may be further subdivided without the approval of the Architectural Control Committee. This provision shall not be construed to prohibit or prevent the dedication or conveyance of any portion of a Lot as an easement for public utilities. Section 4: Restrictions on Leasing. No Lot Owner shall lease his or her Residence to any group of people other than a "single-family" nor shall any lease be for a period of less than thirty (30) days. All such leases shall be in writing and shall contain a covenant by the tenant or tenants that their use and occupancy of the Residence pursuant to the terms of the lease are subject to the terms and conditions set forth in this Declaration and that such tenant will abide by the terms contained herein as well as all Rules and Regulations promulgated by the Association. Section 5: Household Pets. Dogs, cats, or other household pets, as the same may be defined and determined by the Association, may be kept on a Lot, provided the same are not hoarded, kept, bred, or maintained for any commercial purposes. Any dogs with any part of Pit Bull ancestory will be prohibited due to their documented aggressiveness. No more than three(3) dogs and no more than a total of four (4) adult dogs and cats may be kept on any Lot (one dog and three cats; or two dogs and two cats; or three dogs and one cat; or four cats. Dogs and cats shall not be considered adults until they are six (6) months old. Household pets shall be subject to all Rules and Regulations adopted by the Association and all governmental ordinances or laws applicable to the Common Interest Community. Dogs shall at all times be confined by fence, leash, or under voice command. Each Owner of a pet shall be responsible for the prompt clean up and removal of such pet's excrement from his or her Lot. Section 6: Livestock. Livestock is permitted subject to the following conditions: (a) Horses. A maximum of one (1) horse per acre or portion thereof shall be permitted to be maintained on a Lot. (b) 4-H Animals. 4-H animals shall not be permitted on any Lot. 4-Fl animals shall include donkeys, cows, sheep, goats, alpacas, llamas, and similar animals. Hogs and fowl, such as chickens, turkeys, emus, or ostriches, shall not be permitted. (c) Offspring. Any off-spring of the foregoing will not be considered in determining the total number of animals on a Lot until such off-spring attains one(1)year of age. (d) Grazing. No Lot shall be overgrazed, and the character of the Lot shall not be changed by the grazing of animals and livestock. "Overgrazing," as used herein, is the continued heavy grazing during active growth that is both severe and frequent which exceeds the recovery capacity of the plant community and creates a deteriorated range. Grazing shall be limited to an intensity level that will maintain enough cover to protect the soil and maintain or improve the quality and quantity of desirable vegetation. (e) Commercial Activity. No animals may be boarded, kept, bred, used, or maintained on any Lot for any commercial purpose, including, by example and not limitation, horseback riding lessons. Section 7: Use of Common Elements. All use of the Common Elements shall be subject to and governed by the Rules and Regulations adopted by the Association. No damage or waste shall be committed to the Common Elements by Lot Owners, their families, tenants, guests, and invitees. Section 8: Occupancy of Lot. In addition to any other restrictions imposed upon Lot Owners by the Town of Fort Collins, Colorado, with regard to the completion of a Residence and notwithstanding the issuance of a temporary or permanent certificate of occupancy for the Residence by the appropriate governmental entity, no Residence shall be occupied until all buildings, fences, walls, structures, and other improvements are as set forth in the plans and specifications submitted to and approved by the Architectural Control Committee shall first be constructed and installed, including, but not limited to, the rough grading of the Lot and the installation of driveways and sidewalks thereon. Section 9: General Prohibition. No use shall be made of an Owner's Lot which will in any manner violate the statutes or rules and regulations of any governmental authority having jurisdiction over the use of said Owner's Lot. Section 10: Maintenance of Lots and Improvements. Owners of Lots shall keep all buildings, fences, and other structures and all landscaping located on their Lot in good repair. Rubbish, refuse, garbage, and other solid, semi-solid, and liquid waste shall be kept within sealed containers, shall not be allowed to accumulate on any Lot, and shall be disposed of in a sanitary manner. No Lot shall be used or maintained as a dumping ground for such materials. All containers shall be kept in a neat, clean, and sanitary condition and shall be stored inside a garage or other approved structure. No trash, litter, or junk shall be permitted to remain exposed upon any Lot and visible from adjacent streets or other Lots. Burning of trash on any Lot shall be prohibited. No lumber or other building materials shall be stored or permitted to remain on any Lot unless screened from view from other Lots and from the streets, except for reasonable storage during construction. Section 11: Nuisance. Nothing shall be done or permitted on any Lot which is or may become a nuisance. No obnoxious or offensive activities or commercial businesses or trades shall be conducted on any Lot, except home occupations as defined and permitted by the applicable zoning resolution of the governmental entity having jurisdiction over the Common Interest Community. In addition to any restrictions imposed upon Lot Owners by the City of Fort Collins with regard to home occupations or businesses, no Owner shall conduct any business activity or home occupation upon his or her Lot which shall involve the sale or storage of merchandise upon the Lot, the delivery of merchandise or materials to the Lot by commercial vehicles more often than once a month, or the use of more than fifteen percent (15%) of the space within the Residence for such business or home occupation. Notwithstanding the foregoing, the Architectural Control Committee shall have the right to authorize prohibited business activities or home occupations upon any Lot, provided that it shall first determine that such home occupation or business shall not unreasonably interfere with the use and enjoyment of the Common Interest Community by other Lot Owners and provided further that the Owner conducting such business activities or home occupation agrees to such reasonable Rules and Regulations as may be imposed upon him or her by the Architectural Control Committee. Section 12: Temporary Structures. No structure of a temporary character, including, by example and not limitation, trailers, converted trailers, shacks, basements, tents, garages, or accessory buildings, shall be used on any Lot as a Residence, temporarily or permanently. Section 13: Restriction of Use. No motor-driven, engine-powered, or other mechanically propelled vehicle, including,by example and not limitation,automobiles,trucks, motorcycles,all- terrain vehicles, and snowmobiles, may be used or operated within or upon any of the Open Spaces, except in the event of an emergency or by the Association for maintenance purposes. Section 14: Storage of Vehicles. Boats, campers, snowmobiles, all-terrain vehicles, trailers, machines, tractors, semi-tractors, tractor trailers, trucks (except standard pickup trucks), and inoperative automobiles shall not be stored, parked, or permitted to remain on any street, Lot, or Common Element, except within fully-enclosed garages or within fully-screened, fenced areas approved by the Architectural Control Committee. For purposes of this provision, any disassembled or partially disassembled car or other vehicle or any car or other vehicle which has not been moved under its own power for more than one (1) week shall be considered an inoperative automobile subject to the terms of this Section. Notwithstanding the foregoing, horse trailers, fifth-wheel campers, motor homes, and recreational vehicles may be parked in an orderly manner adjacent to a structure on the Lot. Section 15: Discharge of Weapons. No person shall discharge, fire, or shoot any gun, pistol, crossbow, bow and arrow, slingshot, or other firearm or weapon whatsoever, including BB guns and pellet guns, within the Common Interest Community. Notwithstanding the foregoing, the discharge of firearms or weapons by any member of any law enforcement agency in the course of such member's official duty shall not be deemed a violation of this provision. Section 16: Disturbing the Peace. No person shall disturb, tend to disturb, or aid in disturbing the peace of others by violent, tumultuous, offensive, disorderly, or obstreperous conduct, and no Owner shall knowingly permit such conduct upon any Lot owner by such Owner, or occupants of their Lot. B I 3 B pE �ry 3 I 8 I S U n I 9 f if; I U a m am w CO 03 m c -ry 3 `m Y 3 CO w O_ c 1: gE v 9 a Y £ F a $ c E tai o f yS ₹ - g 8 z ° 8 a a o LL € ? ? g I U J3 . y to re • WELD COUNTY, COLORADO DEPARTMENT OF PLANNING SERVICES 918 10TH STREET GREELEY, CO 80631 PHONE:970-353-6100, EXT.3540/FAX: 970.304-6498 Date: 20 Receipt No. I . 2 4 Received From: , Permit Type No. Description Fee 4221-RE/SE 4221-ZPMH 4221-USR 4221-SITE PLAN REVIEW 4221-CHANGE OF ZONE 4221-PUJ 4221-MINOR/MAJOR SUB #OF BUILDABLE LOTS 4221-ADDITIONAL 30% FEE FOR SUB's 4221-RE-SUBDIVISIONS 4221-BOA 4221-FHDP/GHDP 4430-MAPS/POSTAGE 4430-COPIES 4730-INVESTIGATION FEE 6560-RECORDING FEE MISC. ❑CASH p6HECK NO. TOTAL FEE Receipted By: r DL# Exp. PL 1794 Oversized Maps Located in Original File Final Plat Draft of Final Plat Overall Utility Plans Not Scanned Hello