HomeMy WebLinkAbout20061431.tiff MINOR SUBDIVISION FINAL PLAN APPLICATION
FOR PLANNING DEPARTMENT USE DATE RECEIVED:
RECEIPT#/AMOUNT# 1$ CASE#ASSIGNED:
APPLICATION RECEIVED BY PLANNER ASSIGNED:
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Parcel Number / 02 7 - 0 I/ - 0 oz) - 0 7/
(12 digit number-found on Tax I.D.information,obtainable at the Weld County Assessor's Office,or www.co.weld.co.us).
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APPLICANT OR AUTHORIZED AGENT (See Below:Authorization must accompany applications signed by Authorized Agent)
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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
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Signature: Owner or Authorized Agent e Signature: Owner or Authorized Agent Date
EXHIBIT
2006-1431 1
David & Susanne Schwind
17900 WCR 5
Berthoud, Co., 80513
Weld County
Department of Planning Services
918 Tenth Street
Greeley, Co. 80631
Subject: Minor Subdivision Final Plat for The Highlands Subdivision
Dear Planner,
I submit the Final Plat Application for The Highlands Subdivision for you to
review and approval.
The subject property is on the southwest corner of WCR 5 and WCR 38,
consisting of 22.1 acres which is to be platted into 4 lots. One of which, my
present home is located. The residential lots will range in size from 3.4 to
6.2 acres.
The site was recently zoned Estate from Agriculture. The proposed lots will
adhere to the Estate Zoning requirements.
The subdivision will be served by The Little Thompson Water District
requiring 3 additional water tapes. Enclosed with the submittal is a executed
Water Service Agreement which has been approved by the County Attorney.
The lots will have Septic Systems for each lot. Septic envelopes are provided
on the plat for each lot as required by Weld County Health Department.
Systems will be designed for each lot at the time of building, meeting all
requirements.
The mineral rights are owned by the applicant. There are no wells or pipe
lines or leases on the property.
All concerns identified during the minor subdivision process has been
addressed.
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The entrance to the subdivision is off of WCR 5, which is graveled and
maintained. The internal road is gravel and meets County and Berthoud Fire
District requirements. The internal roads will be maintained by the HOA.
Construction, erosion and drainage plans are provided by Park Engineering
and included with the submittal.
The applicant feels that this project has met all the requirements as set forth
in the Weld County Code and addressed concerns of outside agencies.
Res ectfully•
David Schwind
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DECLARATION OF COVENANTS, CONDITION AND
RESTRICTIONS FOR THE HIGHLANDS SUBDIVISION
THIS DECLARATION is made this day of
2005, by David C. Schwind and Susanne H. Schwind, hereafter
collectively referred to as " the Declarant."
WITNESSETH
WHEREAS, the Declarant is the owner of that certain parcel of
real property located in Weld County , State of Colorado, legally
described on Exhibit "A" attached hereto and incorporated herein by
reference and hereafter referred to as " the Property" ; and
WHEREAS, the Declarant desires to establish and provide for the
maintenance of easements and drainage, and desires to establish certain
restrictions and uses relative to the Property; and
WHEREAS, in order to accomplish the foregoing purposes, the
Declarant desires to subject the Property to the easements, covenants,
conditions, restrictions, charges and liens hereinafter ser forth.
NOW, THEREFORE, the Declarant hereby declare that the
property shall be held, sold, conveyed, transferred, leased, subleased
and occupied subject to the following easements, covenants, conditions
and restrictions which shall run with the Property and are for the
purpose of protecting the value and desirability of the Property and
every portion thereof, and shall be binding upon all parties having any
right, title or interest in the Property or any portion thereof, their heirs,
administrators, personal representatives, successors and assigns and
shall insure to the benefit of each owner thereof.
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1. SUBMISSION OF PROPERTY
The Declarant hereby declare that the property shall be held,
sold, conveyed, transferred, leased, subleased and occupied subject to
the following easements, covenants, conditions and restrictions which
shall run with the Property and are for the purpose of protecting the
value and desirability of the Property and every portion thereof, and
shall be binding upon all parties having any right, title or interest in the
Property or any portion thereof, their heirs, administrators, personal
representatives, successors and assigns and shall insure to the benefit of
each owner thereof.
2. DEFINITIONS
2.1 General. The following sections define words and phases
which, as used in this declaration, have the meaning set forth below.
Other terms in this Declaration may be defined in specific provisions of
the Declaration and shall have the meaning assigned by such definition.
Defined words and phases are indicated in this Declaration by
capitalizing the first letter of a defined word or of each word in a
defined phase.
2.2 Act. The "Act" shall mean and refer to the Colorado
Common Interest Ownership act as it may be amended from time to
time.
2.3 Assessment. "Assessments" means all annual, special and/or
other assessments levied by the association for the purposes set forth
herein or set forth in Section 38-33.3-302 (b) and (k) C.R.S. of the Act,
including but not limited to payment for Common Expenses, capital
improvements, and reserves for the same.
2.4 Association. "Association" means The Highland Subdivision
Homeowners Association, and its successors and assigns.
2.5 Board or Board of Directors. "Board" or "Board of Directors"
means the governing body of the Association.
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2.6 Common Elements. "Common Elements" means any real
estate within the Property and improvements thereon owned or leased
by the Association, other than a Lot.
2.7 Common Expenses. "Common Expenses" means all costs and
expenses incurred by the Association for the maintenance, repair,
renovation, or replacement of any Roads, road improvements and other
Common Elements and facilities. Common Expenses include, by way of
example and not limitations, insurance; taxes; reserves for repair or
replacement of Roads or Common Elements or facilities, and capital
improvements; special assessments by taxing districts, if any;
management or administrative expenses; legal and accounting fees and
all other reasonable costs and expenses incurred by the association in
performance of its duties. The Association shall collect Assessments
from the Owners to pay Common Expenses in accordance with this
Declaration and applicable provisions of the Act
2.8 Community. "Community" means the Property and all
improvements located on the Property subject to this Declaration.
2.9 Declaration. "Declaration" means this Declaration of
Covenants, Conditions and Restrictions, together with any amendments
and supplements thereof.
2.10 Easements. "Easements" means access and utility easements
described on the Plat of The Highlands Subdivision and such other
easements as has been or may be granted by the Association.
2.11 Lot. "Lot" means a physical portion of the Property
designated for separate ownership or occupancy.
2.12 Member. Each Lot Owner in the Property shall be a Member
of the Association.
2.13 Owner "Owner" means any natural person or entity who
owns a Lot in the Property, but does not include a natural person or
entity having an interest in a lot solely as security for a obligation.
2.14 Plats. "Plats" means the Plat previously recorded with the
Weld County Clerk and Recorded for The Highland Subdivision.
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2.15 Property. "Property" means all of The Highland Subdivision,
Weld County, Colorado, according to the recorded Plat.
2.16 Road Easements and Roads. "Road Easements" means the
roads and easements appurtenant to the roads described on the Plat of
The Highland Subdivision. "Roads" means all roadways and road
improvements located within the Road Easements. All roads within the
Property are private. The term Roads does not include private drives
within any Lot outside of the described Road Easements.
2.17 Rules and Regulation. "Rules and Regulations" means any
instruments however denominated, which are adopted by the
Association for the regulation and management of the Property,
including any amendment to those instruments.
3. ASSOCIATION
3.1 Powers and Authority. The Association shall manage the
business and the affairs of the community. The Association has and may
continue to adopt Rules and Regulations. Additionally, the Association,
acting through its Board, shall have all the powers and authority
granted to an association under the Colorado Common Interest
Ownership Act, as the same may be amended from time to time.
3.2 Membership. All Lot Owners shall be member of the
Association. The Association shall have one class of membership.
Membership shall be appurtenant to and may not be separated from
ownership of any Lot. Ownership of a Lot shall be the sole qualification
for membership. Each Lot shall be allocated one (1) vote in the
Association. When more than one person holds a membership interest
in any Lot, all such persons shall be Members. The votes for such Lot
shall be exercised as they among themselves determine, but in no event
shall more than one vote be cast with respect to any Lot. All
membership rights may be assigned by a Member to a tenant, guest or
family member, except voting rights.
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4. MAINTENANCE
4.1 Roads. The Association shall be responsible for the
maintenance, repair and replacement of the Roads., except in
paragraph 4.3 below. In the event that the Association shalt fail to
maintain the Roads, the Weld County Board of County Commissioners
may cause the same to be maintained and may file a lien against said
roads for the costs expended for such maintenance, This covenant shall
run with the land and may not be amended or deleted without the
consent of the Weld County Commissioners.
4.2 Lots. Each Owner is obligated to maintain and keep in good
repair and condition such Owner's Lot and all improvements on the
Lot. Installations and maintenance of all utilities ( including, without
limitation, water, septic systems, electricity, natural gas and telephone)
shall be the responsibility of the Owner or the utility provider, as the
case may be, and shall not be the responsibility of the Association,
unless otherwise provided herein.
4.3 Damage by Owner. Notwithstanding anything to the contrary
contained in this Declaration, in the event the need for the Association
to maintain or repair or replace any Road or Common element or
improvement is caused by the willful act, negligence or other
misconduct of an Owner or member of such Owner's family or a guest,
invitee or tenant of an Owner or member of such tenant's family, the
cost of such repair, replacement or maintenance shall be the personal
obligation of such Owner, and any costs, expenses and fees incurred by
the Association for the same shall be assessed to such Owner as part of
the assessment to which the Owner's Lot is subject and the Association
shall have a lien to secure such assessment as provide by this
Declaration and Colorado law.
5. ARCHITECTURAL AND USE RESTRICTIONS
5.1 Land Use and Building Type. Except as provided herein, no
Lot shall be used for other than residential purposes. No building shall
be erected, altered, placed or permitted on any Lot other than One (1)
single family dwelling and two (2) additional structures such as
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detached garages, outbuildings, shop, barns and stables. No additional
building shall exceed 2400 square feet.
5.2 Commercial and Utility Uses. Except as provided in
paragraph 5.3, no Lot shall be used for retail sales activity of any kind
or to conduct a commercial or manufacturing business or trade,
including commercial equipment or vehicle repair except as set forth
herein. Professional or "home" occupations such as physician, attorney,
dentist, engineer, beauty shop operator or real estate agent, together
with such other home occupations as may be permitted by the Weld
County Land Use Code, as it may be amended, may be conducted only
from the residence structure on a Lot.
5.3 Architectural Control
5.3.1 No building or other structure shall be erected, placed or
altered on any Lot until the plans and specifications, and plot plan
showing the location of the structure(s) have first been submitted to and
approved in writing by the Architectural Control Committee (ACC).
Such plans and specifications shall identify the type and color of the
exterior materials and design, existing structures, and the location of the
proposed with respect to the topography, finished grade and placement
within the building envelopes.
5.3.2 The ACC shall consist of a minimum of three (3)
members, appointed by the board of directors of the Association for two
year terms. The Board may reappoint any Member of the committee
whose term has expired, in its sole discretion. The ACC shall carry out
the provisions of this Declaration and follow any rules or procedures
prescribed by the association not in conflict with the Declaration.
5.3.3 Applicants shall submit plans and specifications to the ACC
as set forth herein. The Committee shall process the application and
endeavor to issue its approval or disapproval in a timely manner. In the
event the ACC shall fail to approve or disapprove the application within
thirty (30) days of its submission, such approval shall be deemed to have
been given and received; provided, however, that no building or other
structure shall be erected or allowed to remain on any Lot which
violates the provisions of the Declaration or the Weld County Land Use
Code, as it may be amended from time to time. The exterior of the
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proposed building and finished grading must be completed by an owner
within eighteen (18) months of the commencement of construction. The
ACC may grant an extension in its sole discretion upon prior written
application by the Owner. Construction debris shall be removed
immediately upon completion of construction.
5.4 Building Size and Material
5.4.1 Single story dwellings shall have not less than 2400
square feet of finished living space and multi level dwellings shall have
not less than 3000 square feet of finished living space. In computing
such minimum areas, the area of basements, porches, decks, garages,
and car ports shall not be included. The maximum building height shall
be forty (40) feet from the foundation to the peak of the roof. A
minimum of a three (3) car attached garage is required.
5.4.2 All dwellings exterior shall have a minimum of seventy
five (75) per cent masonry. Masonry can be brick, stone or stucco or
any combination thereof. Exterior colors shall be muted natural colors
that blends in with surrounding landscaping.
5.4.3 All dwellings shall include a minimum of a thirty year
(30) dimensional shingle, tile, or other decorative roof, which shall be
approved by the ACC. All gutters, flashing and stacks are to be painted.
5.5 Landscaping. All Owners shall have One (1) year to complete
their landscaping plan as approved by the ACC, complete with water
sprinkler systems meeting any requirement of Little Thompson Water
District or the Weld County Health Department.
5.6 Out Buildings. All out buildings are to be of material matching
the main dwelling. No metal buildings are to be permitted. No Out
Building shall be larger than 2400 square feet. All building to be built to
plans as approved by the ACC.
5.7 Fences. All fences are to be approved by the ACC prior to
erection. White three rail PVC fence is the preferred fence. Fences must
provide gates or other appropriate access where they cross easements.
No barb wire is allowed. Privacy fence is allowed and not to exceed 6
feet.
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5.8 Water and Sewage. All water and sewage disposal systems
placed upon any Lot shall comply with the requirements of the State of
Colorado Health Department, Weld County Health Department and the
Association, as applicable. Each residence shall be connected to the
Little Thompson Water District for their domestic water requirements.
This subdivision is in rural Weld County and is not served by a
municipal sanitary sewer system. Sewage disposal shall be by septic
systems in accordance with the regulations of the Weld County Health
Department and the State of Colorado Health Department. The
construction drawings for this subdivision was prepared by Park
Engineer. These construction drawings indicate proposed primary and
secondary envelopes for absorption fields. These envelopes may be
moveable, provided the envelopes meet all required setbacks Health
Departments approval. The lot owner shall not place any permanent
landscaping, structures, dirt mounds or other items that would interfere
with the construction, maintenance or function of the beds in the
primary and secondary envelopes.
5.9 Mobil/Modular Homes. A modular and/or factory built home
may not be installed on a lot.
5.10 Refuse and Rubbish. Refuse, rubbish, garbage, trash, and
other waste shall be kept within sealed containers and shall not be
allowed to accumulate on any Lot and shall be disposed of in a sanitary
manner. Owners with livestock shall keep animal waste picked up and
disposed of in a sanitary manner.
5.11 Exterior Lights. The location of all outside lights or lighting
on a Lot, not attached to the residential structure, and the intensity
thereof shall be approved by the ACC before installation.
5.12 Vehicle Storage. No inoperative automobiles, trucks, tractors,
motor homes, camp trailers, pickup campers, boats, livestock trailers,
utility trailers or farm machinery shall be placed or remain on any Lot
for more than thirty (30) days unless stored or parked in a garage/out
building or in a area shielded from the view of other Lots without being
screened in.
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5.13 Animals. Commonly accepted domestic household pets may
be kept on a lot provided they are not kept or maintained for any
commercial purposes, and are not a nuisance to adjoining property
owners. Dogs and other domesticated animals may be kept upon the
property so long as they are securely confined in an enclosure such as a
pen, restricted by a suitable leash or chain, or properly trained and at
all times within the control of the owner under voice command and not
running at large. Horses, cattle and other domesticated livestock may be
kept on lots as set forth and in accordance with the rules and
regulations of the ACC and Weld County Estate Zoning regulation.
They shall be kept in approved fenced areas or buildings as approved
by the ACC. Animal waste shall be kept and removed in a sanitary
manner. Hay storage shall be in a manner not to be offensive or
unsightly to other lot owners. Preferably inside storage.
5.14 Pasture. All pasture or acreage not landscaped shall be
planted to a suitable ground cover and maintained in a proper manner.
Lot owners shall not over graze the pasture to allow wind erosion to
occur. Lot owners shall maintain the pasture by mowing, haying or
grazing so as not to allow the grass to reach maturity and dry down to
become a fire hazard. Lot owner is responsible for all weed control on
said Lot in accordance to Weld County Regulations.
5.15 Nuisance. No activity which may constitute a nuisance shall
be permitted on any Lot. There shall be no persistent loud or excessive
noises which interfere with the right of the Owners of adjoining Lots to
the quiet enjoyment of their Lots.
5.16 Architectural Review Board Power to Grant Variances. The
Architectural Review Board may authorize variances from the
compliance with any of the provisions of this Declaration, including
restrictions upon height, size, floor area or placement of structures or
similar restrictions, when circumstances such as topography, natural
obstructions, undue hardship, aesthetic or environmental consideration
may require. Such variance must be evidence in writing and shall
become effective when signed by all members of the Architectural
Review Board. 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 a variance shall not operate to waive any
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of the provisions of this Declaration for any purpose except as to the
particular property and 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.
6. RIGHT TO FARM COVENANT
6.1 Weld Count is one of the most productive agricultural
counties in the United States. The rural areas of Weld County may be
open and spacious, but they are intensively used for agriculture. Persons
moving into the rural area must recognize there are drawbacks,
including conflicts with longstanding agricultural practices and a lower
level of service than in town.
Agricultural users of the land should not be expected to change
their long established agricultural practices to accommodate the
intrusions of the urban users into a rural area. Well run agricultural
activities will generate offsite impacts, including noise from tractors and
equipment; dust from animal pens, field work, harvest, and gravel
roads; odor from animal confinement, silage, manure, smoke from ditch
burning; flies and mosquitoes; the use of pesticides and fertilizers in the
fields, including the use of aerial spraying. Ditches and reservoirs
cannot simply be moved "out of the way" of residential development
without threatening delivery of irrigation to fields which is essential to
farm production.
Section 35-3.5-102, C.R.S., provides that an agricultural operation
shall not be found to be a public or private nuisance if the agricultural
operation alleged to be a nuisance employs methods or practices that
are commonly or reasonably associated with agricultural production.
Weld County covers a land area of over 4,000 square miles in size
(twice the State of Delaware) with more than 3,700 miles of state and
county roads outside of municipalities. The sheer magnitude of the area
to be served stretches available resources. Law enforcement is based on
responses to complaints more than on patrols of the county and the
distances which must be traveled may delay all emergency responses.
including law enforcement, ambulance, and fire. Fire protection is
usually provided by volunteers who must leave their jobs and families to
respond to emergencies. County gravel roads, no matter how often they
are bladed, will not provide the same kind of surface expected from
paved roads. Snow removal priorities mean that roads from
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subdivisions to arterials may not be cleared for several days after a
major snowstorm. Snow removal for roads within subdivisions are of
the lowest priority for public works or may be the private responsibility
of the home owners. Services in rural areas, in many cases, will not be
equivalent to municipal services.
Children are exposed to different hazards in the county that in
urban or suburban settings. Farm equipment and oil field equipment,
ponds and irrigation ditches, electrical power for pumps and center
pivot operations, high speed traffic, sand burs, puncture vines,
territorial farm dogs, and livestock present real threats to children.
Controlling children's activities is important, not only for their safety,
but also for the protection of the farmer's livelihood. Parents are
responsible for their children.
7. ASSESSMENTS
7.1 Purpose of Assessments. The Assessments adopted by the
Association through its Board of Directors shall be used for the purpose
of promoting the safety and welfare of the lot owners; for payment of all
Common Expenses including the maintenance and repair of the road; to
operate and administer the Association.
7.2 Annual Assessments. Annual assessments shall be based upon
an annual budget adopted by the Association Board of Directors to
promote and pay for the administration and performance of its duties
set forth herein. Annual assessments shall be levied and collected as
determined by the Board. The omission or failure of the Board to fix the
annual assessment for any reason shall not be deemed a waiver,
modification or release of the owners for their obligation to pay the
same.
7.3 Special Assessments. In addition to annual assessments
authorized above, the Association may levy in any fiscal year, one or
more Special Assessments, payable over such a period of time as the
association may determine, for the purpose of defraying, in whole or
part, the cost of any unbudgeted costs; for the construction,
reconstruction, repair or replacement of any common element or road
improvements for which the Association is responsible.
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.
7.4 Personal Obligation. Each lot owner, by acceptance of the
deed for any lot, whether or not it shall be so expressed in any deed or
other conveyance, shall be deemed to covenant and agree to pay all
assessments allocated to such lot. Such assessments, including fees,
charges, late charges, attorney fees, court costs, fines and interest
charged by the Association, shall be the personal, joint and several
obligation of the lot owners at the time when the assessments or other
charges became due. The personal obligation to pay any sums due the
Association shall not pass to a successor in title unless expressly
assumed by the successor; but the lien against the lot(s) for unpaid
assessments or other charges shall remain subject to foreclosure.
8. EASEMENTS
8.1 Road Easements. Every owner has a perpetual, non-exclusive
easement for access to and from such owner's lot over and across the
road easement which easements are appurtenant to and shall pass with
title to such owner's lot. All conveyances or other instruments affecting
title to such lot shall be deemed to grant and reserve the easements and
rights provided for herein as though set forth in said document in full
even though no specific reference to such easement or right appears in
any such conveyance or instrument. Any owner entitled to use the road
easements may delegate to such owner's tenants, invitees and guests the
right to use the road easement subject to any rules and regulations
adopted by the board. Each owner's right to use the road easement shall
be subject to the rights of other owners as well as subject to the
following:
The right of the Association to reasonably restrict access and use, such
as for closure due to repairs, maintenance or replacement.
8.2 Utility Easements. The utility easements described in the plat
are for the purpose of construction, installation, location, maintenance
and repair of public utilities and other private facilities, which may
furnish utility services to the lots. The utility easement are perpetual
and non-exclusive.
9. MISCELLANEOUS PROVISIONS
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9.1 Enforcement. Enforcement of any provision in this
declaration, the bylaws, and rules and regulations shall be by
appropriate proceedings by statue, at law or in equity against those
persons violating or attempting to violate any such provision. Such
proceedings may be for the purpose of removing a violation, restraining
or enjoining a future violation, recovering damage for any violation,
foreclosing a lien, obtaining such other and further relief as may be
available, or any combination thereof. Such proceedings may be
instituted by the Association or by a lot owner. In any such proceedings
the prevailing party shall be entitled to recover the costs and reasonable
attorney's fees incurred in connection with such proceedings. However,
the Association shall not be liable to reimburse any lot owner for
attorney's fees or cost incurred in any suit brought by a lot owner to
enforce or attempt to enforce this declaration against another owner or
third party. The failure to enforce any provision or this declaration, the
bylaws and the rules and regulations shall not preclude or prevent the
enforcement thereof for a further or continued violation, whether such
violation shall be of the same or of a different provision.
9.2 Severability. If any provision or term of this declaration is
invalided, such invalidity shall not affect the validity of the remainder of
this declaration.
9.3 Duration. Subject to paragraph 9.4 below, the covenants,
conditions and restrictions of this declaration shall run with the
property, shall be binding on all lot owners, their legal representatives,
heirs successors and assigns, and shall be in effect for twenty-five (25)
years from the date hereof.
9.4 Amendment. This declaration may be amended at any time
by a written and recorded instrument containing the consents of the
record owners of majority of the lots subject to this declaration.
9.5 Notice. Unless otherwise required by this declaration, notice
of matters affecting the property may be give to lot owners by the
Association, or by other lot owners, in the following manner: Notice
shall be hand delivered or sent by United States first class mail, to the
mailing address of each lot owner.
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9.6 Waiver. No Provision in this declaration is waived by reason
of any failure to enforce the provision, regardless of the number of
violations or breaches which may occur.
Dated this day of , 2006.
IN WITNESS WHEREOF, the undersigned being Owners of all
Lots in The Highlands executed this Declaration the date and year
indicated above.
David C. Schwind, Owner
Susanne H. Schwind, Owner
State of Colorado )
) ss
County of Weld )
The foregoing instrument was acknowledged before me this
day of , 2006 by David C. Schwind, Owner.
Witness my hand and official seal.
My Commission expires:
Notary Public
State of Colorado )
) ss
County of Weld )
The foregoing instrument was acknowledge before me this
day of , 2006 by Susanne H. Schwind, Owner.
Witness my hand and seal.
My Commission expires:
Notary Public
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WELD COUNTY ROAD ACCESS INFORMATION SHEET
Road File#: Date: /--a3— ZO DG
RE#:
Other Case#: Weld County Department of Public Works
111 H Street, P.O. Box 758, Greeley, Colorado 80632
Phone: (970 1 )356-4000, Ext. 3750 Fax: (970)304-6497
1. Applicant Name ZD VI a 4 J U i4.tWe JL'h t-0400e Phone (.8°3 7 9 7ha 7
Address /7'2DO U)r'e 5 City r eAini n_cccr State CO Zip 80c/3
2. Address or Location of Access /7 900 t-c)C/A C
Section 4/ Township 3 Al Range 48 La Su division Block Lot
Weld County Road#: 5i Side of Road ELL/ Distance from nearest intersection ?TO -Ct
3. Is there an existing access(es)to the property? Yes ✓/ No #of Accesses /
4. Proposed Use:
Permanent Residential/Agricultural U Industrial
❑ Temporary Subdivision ❑ Commercial ❑ Other
*********************************
5. Site Sketch
Legend for Access Description:
AG = Agricultural
RES = Residential
O&G = Oil&Gas (�
D.R. = Ditch Road .�Jtc., ' r
0 = House
O = Shed
I
NT r-3
*******
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:
01/20/2006 9:28:38 AM kmb SJF File No.: 817-H0097535-042-BRL
STANDARD
COMMITMENT FOR TITLE INSURANCE
ISSUED BY
First American Heritage Title Company
AS AGENT FOR
First American Title Insurance Company
INFORMATION
The Title Insurance Commitment is a legal contract between you and the company. It is issued to show the basis on
which we will issue a Title Insurance Policy to you. The Policy will insure you against certain risks to the land title,
subject to the limitations shown in the Policy.
The Company will give you a sample of the Policy form, if you ask.
The Commitment is based on the land title as of the Commitment Date. Any changes in the land title or the transaction
may affect the Commitment and the Policy.
The Commitment is subject to its Requirements,Exceptions and Conditions.
THIS INFORMATION IS NOT PART OF THE TITLE INSURANCE COMMITMENT. YOU SHOULD
READ THE COMMITMENT VERY CAREFULLY. IF YOU HAVE ANY QUESTIONS ABOUT THE
COMMITMENT PLEASE CONTACT THE ISSUING OFFICE.
AGREEMENT TO ISSUE POLICY
First American Title Insurance Company, referred to in this commitment as the Company, through its
agent First American Heritage Title Company, referred to in this Agreement as the Agent, agrees to
issue a policy to you according to the terms of this commitment. When we show the policy amount and
your name as the proposed insured in Schedule A, this commitment becomes effective as of the
Commitment Date shown in Schedule A.
If the Requirements shown in the Commitment have not been met within six months after the Commitment
date, our obligation under this Commitment will end. Also, our obligation under this Commitment will end
when the Policy is issued and then our obligation to you will be under the Policy.
Our obligation under this Commitment is limited by the following:
The Provisions in Schedule A. The Requirements in Schedule B-l.
The Exceptions in Schedule B-2. The Disclosures and Conditions contained in this
Commitment.
This Commitment is not valid without SCHEDULE A and Sections 1 and 2 of SCHEDULE B attached.
First American Title Insurance Company
,onE INSU
PP
By President ;� :oo,o;• .
By 0' / n ' '�L Secretary s • -
SEPTEMBER VI. •
�r A
•rA4FORN‘,••
By Countersigned
01/20/2006 9:28:38 AM kmb SJF File No.: 817-H0097535-042-BRL
CONDITIONS
1. DEFINITIONS
(a) "Mortgage"means mortgage,deed of trust or other security instrument.
(b) "Public Records"means title records that give constructive notice of matters affecting the title according
to state law where the land is located.
(c) "Land"means the land or condominium unit described in Schedule A and any improvements on the land
which are real property.
2. LATER DEFECTS
The Exceptions in Schedule B—Section 2 may be amended to show any defects,liens or encumbrances that appear
for the first time in public records or are created or attached between the Commitment Date and the date on which
all of the Requirements of Schedule B — Section 1 are met. We shall have no liability to you because of this
amendment.
3. EXISTING DEFECTS
If any defects,liens or encumbrances existing at Commitment Date are not shown in Schedule B,we may amend
Schedule B to show them. If we do amend Schedule B to show these defects,liens or encumbrances,we shall be
liable to you according to Paragraph 4 below unless you knew of this information and did not tell us about it in
writing.
4. LIMITATION OF OUR LIABILITY
Our only obligation is to issue to you the Policy referred to in this Commitment, when you have met its
Requirements. If we have any liability to you for any loss you incur because of an error in this Commitment,our
liability will be limited to your actual loss caused by your relying on this Commitment when you acted in good faith
to:
• comply with the Requirements shown in Schedule B-Section I or
• eliminate with our written consent my Exceptions shown in Schedule B-Section 2.
We shall not be liable for more than the Policy Amount shown in Schedule A of this Commitment and our liability
is subject to the terms of the Policy form to be issued to yai.
5. CLAIMS MUST BE BASED ON THIS COMMITMENT
Any claim,whether or not based on negligence,which you may have against us concerning the title to the land must
be based on this Commitment and is subject to its terms.
DISCLOSURES
NOTICE TO PROSPECTIVE OWNERS
(A STATEMENT MADE AS REQUIRED BY COLORADO
INSURANCE REGULATION)
GAP PROTECTION
When this Company conducts the closing and is responsible for recording or filing the legal documents resulting from the transaction,the
Company shall be responsible for all matters which appear on the record prior to such time of recording or filing.
MECHANIC'S LIEN PROTECTION
If you are a buyer of a single family residence you may request mechanic's lien coverage to be issued on your policy of insurance.
If the property being purchased has not been the subject of construction,improvements or repair in the last six months prior to the date of
this commitment, the requirements will be payment of the appropriate premium and the completion of an Affidavit and Indemnity by the
seller.
If the property being purchased was constructed, improved or repaired within six months prior to the date of this commitment, the
requirements may involve disclosure of certain financial information,payment of premiums,and indemnity,among others.
The general requirements stated above are subject to the revision and approval of the Company.
SPECIAL TAXING DISTRICT NOTICE
(A Notice Given In Conformity With Section 10-11-122 C.R.5.)
The subject land may be located in a special taxing district;a certificate of taxes due listing each taxing jurisdiction shall be obtained from
the county treasurer or the county treasurer's authorized agent; and information regarding special districts and the boundaries of such
districts may be obtained from the board of county canmissioners,the county clerk and recorder,or the runty assessor.
PRIVACY PROMISE FOR CUSTOMERS
We will not reveal nonpublic personal information to any external non-affiliated organization unless we have been authorized by the
customer,or are required by law.
CONSUMER DECLARATION STATEMENT
This Commitment for Title Insurance may include a Schedule B exception reference to recorded evidence that a mineral estate has been
severed,leased,or otherwise conveyed from the surface estate.If such reference is made,there is a substantial likelihood that a third party
holds some or all interest in oil, gas, other minerals,or geothermal energy in the property.The referenced mineral estate may include the
right to enter and use the property without the surface owner's permission.You may be able to obtain title insurance coverage regarding any
such referenced mineral estate severance and its effect upon your ownership.Ask your title company representative for assistance with this
issue.
First American Heritage Title Company
COMMITMENT
SCHEDULE A
Commitment No: 817-H0097535-042-BRL
1. Commitment Date: January 13,2006 at 8:00 A.M.
2. Policy or policies to be issued: Policy Amount
(a) Standard Owners Policy Proposed Insured: $ TBD
To Be Determined
(b) Bundled Loan Policy Proposed Insured: $ TBD
To Be Assigned
3. Fee Simple interest in the land described in this Commitment is owned,at the Commitment Date by:
David C. Schwind and Susanne H. Schwind
4. The land referred to in this Commitment is described as follows:
Lot A, of Recorded Exemption No. 1207-4-2-RE2651 according to the Map recorded March 13,
2000 at Reception No. 2755201, being a part of the Northwest '/of Section 4, Township 3 North,
Range 68 West of the 6th P.M.,
County of Weld, State of Colorado.
(for informational purposes only) 17900 Weld COunty Road 5, Berthoud, CO 80513
PREMIUM:
Owners Policy $TBD
Bundled Loan Policy $TBD
01/20/2006 9:28:44 AM kmb SJF
01/20/2006 9:28:38 AM kmb SJF File No.: 817-H0097535-042-BRL
Form No. 1344-B1 (CO-88)
ALTA Plain Language Commitment
SCHEDULE B-Section 1
Requirements
The following requirements must be met:
a. Pay the agreed amounts for the interest in the land and/or for the mortgage to be insured.
b. Pay us the premiums, fees and charges for the policy.
c. Obtain a certificate of taxes due from the county treasurer or the county treasurer's authorized agent.
d. The Affidavit and Indemnity signed and notarized.
e. The following documents satisfactory to us must be signed, delivered and recorded.
1. Deed from David C. Schwind and Susanne H. Schwind to a Purchaser to be Determined conveying title to
the subject land.
2. Deed of Trust sufficient to encumber the fee simple estate or interest in the land described or referred to
herein for the benefit of the Proposed Insured, Schedule A, Item 2(b).
3. Release of the Deed of Trust from David C. Schwind and Susanne H. Schwind to the Public Trustee of
Weld County for the benefit of Bank of America,N.A. to secure an indebtedness in the principal sum of
$53,500.00, and any other amounts and/or obligations secured thereby, dated May 21, 2001 and recorded
on May 30, 2001 at Reception Number 2852418.
4. This Commitment is subject to such further Exceptions and/or Requirements as may appear necessary
when the name of the(Proposed Insured, Schedule A, Item 2a)has been disclosed.
NOTE: IF THE SALES PRICE OF THE SUBJECT PROPERTY EXCEEDS $100,000.00 THE SELLER
SHALL BE REQUIRED TO COMPLY WITH THE DISCLOSURE OR WITHHOLDING PROVISIONS OF
C.R.S. 39-22-604.5 (NONRESIDENT WITHHOLDING).
01/20/2006 10:13:14 AM kmb SJF File No.: 817-H0097535-042-BRL
Form No. 1344-82(CO-88)
ALTA Plain Language Commitment
SCHEDULE B-Section 2
Exceptions
Any policy we issue will have the following exceptions unless they are taken care of to our satisfaction:
1. Taxes and Assessments not certified to the Treasurer's Office.
2. Any facts, rights, interests or claims which are not shown by the public records but which could be
ascertained by an inspection of the land or by making inquiry of persons in possession thereof.
3. Easements, or claims of easements, not shown by public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct
survey and inspection of the land would disclose,and which are not shown by the public records.
5. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by
law and not shown by the public records.
6. All taxes and assessments,now or heretofore assessed, due or payable.
7. Any water rights or claims or title to water, in, on or under the land.
8. Terms, conditions, provisions, agreements and obligations specified under the Agreement by and between
Sorin C. Mead, E. C. Mead and Eli S. Evans recorded in Book 97 at Page 429.
9. The right of access to any and all ditches, flumes or laterals as granted to Marion S. Terry in Deed
recorded in Book 114 at Page 258.
10. The right of proprietor of a vein or lode to extract or remove his ore should the same be found to penetrate
or intersect the premises thereby granted as reserved in United States patent recorded in Book 333 at Page
45, and any and all assignments thereof or interest therein.
11. Reservations contained in Warranty Deed recorded in Book 123 at Page 279.
12. An Oil and Gas Lease, from Walter J. Burback and Donna M. Burback as Lessor(s)to Robert A. Shaw as
Lessee(s) for a term of 5 years dated November 3, 1970, recorded on February 16, 1971 in Book 640 at
Reception Number 1562233, and any and all assignments thereof or interests therein.
13. An Oil and Gas Lease, from David C. Schwind and Suzanne H. Schwind as Lessor(s) to Aeon Energy
Company as Lessee(s) for a term of 5 years dated September 30, 1981, recorded on November 16, 1981
in Book 953 at Reception Number 1874606, and any and all assignments thereof or interests therein.
14. All items set forth on Map of Recorded Exemption No. 1207-4-2-RE556, recorded August 11, 1982 in
Book 974 at Reception No. 1900197 and/or Map of recorded Exemption No. 1207-04-2-RE-2651
recorded March 13, 2000 at Reception No. 2755201.
15. Any increase or decrease in the area of the land and any adverse claim to any portion of the land which
has been created by or caused by accretion or reliction, whether natural or artificial, and the effect of the
gain or loss of area by accretion or reliction upon the marketability of the title of the land.
01/20/2006 9:28:38 AM kmb SJF File No.: 817-H0097535-042-BRL
Form No. 1344-B2(CO-88)
ALTA Plain Language Commitment
SCHEDULE B—Section 2
Exceptions(Continued)
16. Terms, conditions, provisions, agreements and obligations specified under the Irrigation Pump Agreement
recorded on March 24, 2000 at Reception Number 2757471.
17. All matters shown on that map recorded August I, 2005 at Reception No. 3308323.
Property Tax Information Page 1 of 1
1VetCO111C to
% cld County, Colorado
Home Services Departments About Weld Property Information Conta.
Home > Departments > Treasurer's Office > Tax Search > Tax Search Results > Tax Detail
Tax Search Details
Information for tax year: 2005 payable in 2006
Property Information
Owner Name: Schwind David C & Susanne H
Address: 17900 5 CR
City: Weld
Account Number: R8607100
Parcel Number: 120704000046
pt nw4 4-3-68 lot a rec exempt re-2651 (1.30r) situs: 17900 5 cr weld
Legal Address:
0
Value Information
Actual Land Value $9,477.00 Assessed Land Value $2,750.00
Actual Improved Value $471,575.00 Assessed Improved Value $45,740.00
Actual Total Value $481,052.00 Assessed Total Value $48,490.00
Payment Information
Total Tax Amount: $3,765.68
First Half Amount: $0.00
Second Half Amount: $0.00
SR. Exemption: $0.00
Full Amount Paid: $0.00
Current Balance: $3,765.68
Half Balance: $1,882.84 Full Balance: $3,765.68
IF any of the following fields are "YES" please contact the Treasurer's Office for more information.
Tax Status
Tax Liens: No Senior Homestead Exemption: No
Prior Taxes Due: No Tax Area 2314
Special Improvement Tax: No Mill Levy 77.659
Database Last Updated at: 02:50 AM on January 18, 2006
https://www.co.weld.co.us/departments/treasurer/tax/tax info.cfm?ACCOUNTNO=R8607... 1/18/2006
5
Report Date: 01/20/2006 08:48AM WELD COUNTY TREASURER Page: 1
CERTIFICATE OF TAXES DUE CERT#: 1536
SCHEDULE NO: R8607100 ORDER NO: H0097535
ASSESSED TO: VENDOR NO: 32
SCHWIND DAVID C&SUSANNE H FIRST AMERICAN HERITAGE TITLE
17900 WELD CO RD 5 1000 CENTRE AVENUE
BERTHOUD, CO 80513 FT COLLINS CO 80525
LEGAL DESCRIPTION:
PT NW4 4-3-68 LOT A REC EXEMPT RE-2651 (1.30R)SITUS: 17900 5 CR WELD 0
PARCEL: 120704000046 SITUS ADD: 17900 5 CR WELD
TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE
2005 TAX 3,765.68 0.00 0.00 0.00 3,765.68
TOTAL TAXES 3,765.68
GRAND TOTAL DUE GOOD THROUGH 01/20/2006 3,765.68
ORIGINAL TAX BILLING FOR 2005 TAX DISTRICT 2314-
Authority Mill Levy Amount Values Actual Assessed
WELD COUNTY 17.900 867.97 AGRICULTUR 9,477 2,750
SCHOOL DIST RE1J 39.982 1,938.73 AGRICULTUR 39,000 11,310
NCW WATER 1.000 48.49 AGRICULTUR 432,575 34,430
SVW WATER 0.222 10.76
LTW WATER 0.000 0.00 TOTAL 481,052 48,490
BERTHOUD FIRE 13.774 667.90
BERTHOUD FIRE BOND 1.500 72.73
WELD LIBRARY 3.281 159.10
----------- -----------------
TAXES FOR 2005 77.659 3,765.68
FEE FOR THIS CERTIFICATE 10.00
ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER
OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE
CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES-AUGUST 1,
REAL PROPERTY-AUGUST 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK.
SPECIAL TAXING DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE ON FILE WITH THE BOARD OF COUNTY
COMMISSIONERS,THE COUNTY CLERK,OR THE COUNTY ASSESSOR.
This certificate does not include land or improvements assessed under a separate account number,personal property taxes,
transfer tax or misc.tax collected on behalf of other entities,special or local improvement district assessments or
mobile homes,unless specifically mentioned.
I,the undersigned,do hereby certify that the entire amount of taxes due upon the above described parcels of real property and all
outstanding sales for unpaid taxes as shown by the records in my office from which the same may still be redeemed with the amount
required for redemption are as noted herein.In witness whereof,I have hereunto set my hand and seal this 20th day of January,2006.
TREASURER,WELD, DONALD D. MUELLER, BY:
P.O. Box 458 f
Greeley,CO 80632
(970)353-3845 ext. 3290
�i
I + l DEPARTMENT OF PLANNING SERVICES
-.
wipeSOUTH EST
4209 CCR 24.5
COLORADO LONGMONT, CO 80504
PHONE: (720) 652-4210, Ext. 8730
FAX: (720)652-4211
c'
Application being sumbitted: Mz#t tz S /L`'ti—"—
Submittal fee: 7�O� Check# Cash
Name of person submitting: 6 ,Lt9/,rcf
Contact name(if different from above): o� /
Telephone numbe 3 7D9 7/,z 7 E-mail: /1/�{i4(i �.4-ci`- u�/`//Cf/ D/�
The Department of Planning Services is accepting the paperwork for this Land Use Application with
the understanding that the application has not been determined to be a complete application with
all of the appropriate documents and exhibits.
The Department of Planning Services will determine prior to the end of the next business day
whether the submitted documents are in compliance with the Weld County Code,and as such,shall
be deemed a complete application.
The Department of Planning Services shall also determine prior to the end of the next business day
whether the submitted fees are appropriate for the requested application. Should there be a
discrepancy with the application,the Department will contact the applicant/applicant's representative
via telephone.
Land use cases will not be set up or processed until the requested application materials have been
submitted and the appropriate fees paid.
Thank you for your assistance and cooperation.
t � ..)
I understand and agree to the conditions stated herein:
Signature
Signature of staff member received from: dlli1 Date: 2_Q_ O47
1-4V' Zap 1800—
IMPROVEMENTS AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
(PRIVATE ROAD MAINTENANCE)
THIS AGREEMENT, made and entered into this___day of ,2C06 ,by and between
the County of W eld,State of Colorado,acting through its Board of County Commissioners,hereinafter called"County,"
and_Davi d R Sucannp Srhwi nd 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:
Lot A Recorded Exemption # 1207-4-2-RE 2651
WHEREAS, a Final Subdivision/Planned Unit Development (PUD) plat of said property, to be known as
The H gh1and$____ ___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 improve ments shown on plans,plats and supporting
docum ents 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 Exhib its"A" and "B" of this Agreement.
NOW,THEREFORE,IN CONSIDERATION OF the foregoing and of the acceptance and approval of sa id
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 appro val prior to the letting of any construction contract. Applicant
shall furnish one set of reprodu cible"as-built"drawings and a final statem ent 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 it own expense, good and sufficient rights-of-way and easements on all lands and
facilities traversed by the proposed improvements.
3.0 Construction: Applicant shall furnish and install, at its own expense, the Subdivision or Planned Unit
r-.
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 tall 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 ap ply.
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 C ounty; 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 Applicant's expense.
3.4 Applicant shall furnish proof that pro per 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,actio n 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 improvem ents may be placed in service when completed
according to the schedule shown on Exhibit "B," but such use and operation shall not constitute an
approval of said portions.
2
•
6.2 County may, at its option, issue building permits for construction on lots for which street
improve ments 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 o f work on the Subdivisio n 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 constructionof streets within a S ubdivision 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 thatthe Board ofCounty 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 withinthe 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
improve ments 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 Mat 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.stall be completed within one(1)year after the Final Plat approval(not one year
after acceptable collateral is.submitted) unless the applicant(s) 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 Lv 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 tine 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 Plat. The applicant would need only to
providecollateralfor the improvement in each filing as approved. The County will place restrictions
on those portions of the property that are not coy ered 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 Improve ments Guarantee: The five types of collateral listed below are acceptable to Weld County subject to
final approval by the Board of County Co mmissioners.
8.1 An irrevocable Letter of Credit from a Federal or State licensed financial institution on a form
approved by Weld C ounty. The Letter of Credit shall state at least the following:
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 Letterof Credit shall provide for payment upon demand to Weld County if the developer
has not performed the obligations specified in the Improve ments Agreement and the issuer
3
has been notified of such default.
8.1.3 The applicant may draw from the Letter of Credit in accordance wit 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
estimatedcosts of completing the uncompleted portions of the required improvements,based
on inspections ofthe 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 of proposed 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 prop erty.
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
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.
4
8.3.3 The escrow agent will be a Federal or state-licensed bank or fmancial institution.
8.3.4 If Weld County determines there is a default of the Improvements Agreement, the escrow
agent,upon req uest by the Co unty,shall release any remaining es crowed funds to the C ounty.
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 ora 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(CD OT)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 ap proved plans. The letter shall indicate ifthe fire hydrants are operational and
state the results of fire flow tests.
9.6 The requirements in paragraphs 9.0 thru 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 projector
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 responsib le governmental entity,special district
or utility comp any.
9.9 The warranty collateral shall be released to the applicant upon final approval by the B oard of C ounty
Commissioners.
10.0 Public Sites and Open 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 o r schools,said actions shall be secured in accordance with one of
5
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
reservedthrough 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 B oard and the Applica nt. The cash collected shall be deposited in an escrow account
to be expended for parks ata later date.
11.0 Successors and Assigns: This Agreement shall be binding upon the heirs,executors, perso nal 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 boding upon the successors in ownership of said land.
6
IN WITNESS WHEREOF,the parties hereto have caused this Agreementto be executed on the day and year
first above written.
APPLICANT:— /`� __ _
APPLICANT:J4C _,,k
_�iy TITLE: G��(„....Nd _—
Subscribed and sworn to before me this 6day of\t".4-4- _ _, 2044
My Commission expires: 4 c! 2c
4 -2—e5 2 Notary Public
,^ ATTEST: BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Weld County Clerk to the Board
,Chair
BY:
Deputy Clerk to the Board
APPROVED AS TO FORM:
County Attorney
7
EXHIBIT "A"
Name of Subdivision
or Planned Unit Development_ The Highlands
Filing:
Location: WCR 5 & WCR 38
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 & Preparation 2/5U sy 2.uu $ 5,5u0.00
Street base 6" CL 6 ABC 2750 sy 9. /5 $ 28,b1C.UU
Street paving
Curbs,gutters,and culverts
Sidewalk
Storm sewer facilities
Retention ponds
Ditch Improvements
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)
Fire hydrants
Survey and street monuments and boxes
Street lighting
Street Names & Stop Sign 2 ea $ luu $ 2u0.00
Fencing requirements
Landscaping
Park improvements
Road culvert 15" 92 ift t A 11 71 $ 610.48
Grass lined swale SCed GQ 1 h $ 2 91 $ 129 00
Telephone
Gas
Electric
Water transfer
SUB-TOTAL: A 35,247 98
Engineering and Supervision Costs S 1000.00
(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 S 36,247.98
The above improvements shall be constructed in accordance with all County requirements and specifications, and
8
conformance with this provision shall be determined solely by W eld County,or its duly authorized agent.
Said i ,: .veme is shall o p ett accordin tot e construction schedule set out in Exhibit"B."
Appli ant
A plicant
r� ,rte �t
P/.f � __ v
� Date:
—_�^ _�--__—, 20 6v.
Title
(If corporation,to be signed by President and attested to by Secretary,together with corporate seal.)
9
EXHIBIT "B"
Name of Subdivision
or Planned Unit Development The Highlands
Filing:
Location: WCR 5 & WCR 38
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 1.5 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 30 days from start of rnnctructi on
Street base 30 dNyc from ctart of construction
Street paving
Curbs,gutters,and culverts
Sidewalk
Storm sewer facilities
Retention ponds
Ditch improvements
Subsurface drainage
Sanitary sewers
Trunk and forced lines
Mains
Laterals(house connected)
On-site sewage facilities
On-site water supply and storage
Water mains
Fire hydrants
Survey and street monuments and boxes
Street lighting
Street name si ns
Fencing requirements
Landscaping
Park improvements
Road culvert
Grass lined Swale 6 months from start of construction
Telephone
Gas
Electric
Water Transfer
SUB-TO TAL:
10
The County,at its option,and upon the request of the Applicant,may grant an extension of time for completion for any
particular im rovements shown above,upon a owing by the Applicant that the above schedule cannot be met.
Ap icant
pplicant
Date:_ 20 O42
Titl
(If corporation,to be signed by President and attested to by Secretary,together with corporate seal.)
11
IMPROVEMENTS AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
(PUBLIC ROAD MAINTENANCE)
THIS AGREEMENT,made and entered into this day of ___ ,20 01.0, by and between
the County of W,y eld,State of Colorado,actin]through its Board of County Commissioners,hereinafter called"Co unty,"
and DirUI D?Js k62'UNF 5�yi wchere inafter called"Applican t."
WITNESSETH:
WHEREAS,Applicant is the owner of,or has a controlling interest in the following described property in the
County of Weld, Colorado: /�
La. A 'COO adeq sicerk.pli /aO7— SL - z — IPE2(5 1
WHERErAS, a final ubdivision/Planned Unit Development (PUD) Nat of said property, to be known as
'
7r/1 /y. S _ 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
Improve ments Agreement guaranteeingthe construction of the public improvements shown on plans,plats and supporting
documents of the Subdivision Final P lat,Planned Unit Dev elopment Final Plat,or Site Plan,which improvements,along
with a time schedule for completion,are listed in Exhibits"A" and "B"of this Agreement.
N OW,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 ro ads within the Subdivision o r Planned Unit
Development to the County for approval prior to the letting of any construction contract Before
acceptance of the roads within the Subdivision or Pla nned Unit Development by the County,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. All such rights-of-way and easements used for the
constrution of roads to be accepted by the County shall be conveyed to the County and the documents of
conveyance shall be furnished to the County for recording.
3.0 Construction: Applicant shall furnish and install, at its own expense, the Subdivision or Planned Unit
1
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"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 requirement 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 Applicant's 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 improv ements,and pay any and all judgments
rendered against the County on accountof 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.
5.0 Off-Site Improvements Reimbursement Procedure: The subd ivider,applicant,or owner maybe reimbursed for
off-site road improvements as provided in this section when it has been determined by the Board of County
Commissioners that the road facilities providing access to the Subdivision or Planned Unit Development arc
not adequate in structural capacity,width,or functional classification to support the traffic requirements of the
uses of the Subdivision or Planned U nit Development.
5.1 The subdivider, applicant, or owner shall enter into an off-site improvements agreement prior to
recording the final plat when the subdivider,applicant,or owner expects to receive reimbursement for
part of the cost of the off-site improvements.
5.2 The off-site improvements agreement shall contain the following:
2
The legal description of the property to be served.
- The name of the owner(s)of the property b be served.
- A description of the off-site improvements to be completed by the subdivider,applicant,or
owner.
- The total cost of the off-site improvements.
- The total vehicular trips to be generated at build-out by the Subdivision, Resubdivision, or
Planned Unit Development,as specified by the ITE Trip Generation Manual,or by special
study approved by the Board of County Commissioners.
- A time period far completion of the off-site improvements.
- The terms of reimbursement.
- The current address of the person to be reimbursed during the term o f the agreement.
Any off-site improvements agreement shall be made in conformance with the Weld County
policy on collateral for improvements.
5.3 If the subdivider, applicant, or owner fails to comply with the improvements agreement, the
opportunity to obtain reimbursement under this section is forfeited.
5.4 When it is determined by the Board of County Commissioners that vehicular traffic from a
Subdivision,Resubdivision,or Planned Unit Development will use a road improvement constmcted
under an improvem ents agreement,the subseq uent subdivider,applic ant,or owner shall reimburse the
original subdivider,applicant, or owner, for a portion of the original construction cost. In no event
shall the original subdivider, applicant, or owner collect an amount which exceeds the btal cost of
improvements less the pro rata share of the total trip impacts generated by the original development.
Evidence that the original subdivider,applicant, or owner has been reimbursed by the subsequent
subdivider, applicant or owner shall be submitted to the Department of Planning Services prior to
recording the Subdivision, Resub division,or Planned Unit Development Final Plat.
5.5 The amount of road improvement costs to be paid by the subsequent subdivider,applicant,or owner
of a Subdivision, Resubdivision, or Planned Unit Development using the road improvements
constructed under a prior improvement agreement will be based upon a pro rata share of the total trip
impacts associated with the number and type of dwelling units and square footage and type of
nonresidential developments intended to use the road improvement. The amount of road improvement
costs shall also consider inflation as measured by the changes in the Colorado Construction Costlndex
used by the Colorado Division of Highways. The cost of road improvements may be paid by cash
contribution to the prior subdivider, applicant or owner,or by further road improvements which
benefit the prior subdivider, applicant, or owner's property. This decision shall be at the sole
discretion of the Board of County Commissioners based upon the need for further off-site road
improvements.
5.6 The report entitled TRIP GENERATION (Third Edition, 1982) of the institute of Transportation
Engineers shall normally be used for calculating a reasonable pro rata share of the road improvement
construction costs for all Subdivisions,Resubdivisions, or Planned Unit Developments. A special
transportation study shall be used for land uses not listed in the ITE Trip Generation Manual. Any
question about the number of trips a Subdivision,Resubdivision,or Planned Unit Develop ment will
generate shall be decided by the County Engineer.
5.7 The term for which the subdivider,applicant,or owner is en titled to reimbursement under the off-site
improvements agreement, entered into between the subdivider and the County, is ten years from the
date of execution of a contract for road improvements.
5.8 This provision is not intended to create any cause of action against Weld County or its offices or
employees by any subdivider,applicant,or owner for reimbursement,and in no way is Weld County
to be considered a guarantor of the moniesto be reimbursed b y the subsequent subdividers,applicants,
or owners.
3
6.0 Acceptance of Streets for Maintenance by the County: Upon compliance with the following procedures by the
Applicant,streets within a Subdivision or Planned Unit Development may be accepted by the County as a part
of the County road system and will be maintained and repaired by the County.
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
acceptance 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 are 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 aS ubdivision o r Planned Unit Development and
the filing of a Statement of Substantial Compliance,the applicants)may request in writing that the
County Engineer inspect the streets and recommend that the Board of County Commissioners accept
them for partial maintenance by the County. Partial maintenance consists of all maintenance except
for actual repair of streets,curbs and gutters,and related street improvements. Not sooner than nine
months after acceptance for partial maintenance of streets,the County Engineer shall, upon request
by the applicant, inspect the subject streets, and notify the applicant(s) of any deficiencies. The
County Engineer sh all 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 shall recommend acceptance of the streets for full maintenance. Upon a receipt of a
positive unqualified recommendation from the County Engineer for acceptance of streets within the
development, the Board of County Commissioners shall accept said streets as public facilities and
County property,and shall be responsible for the full maintenance of said streets including repair.
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. An 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
after acceptable collateral is submitted) unless the applicant(s) mimesis that this Agreement he
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 ofthe improvements remaining to be completed If improvements am 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 Plan or Subdivision Final Plan. The applicant would need only to
provide collateral for the improvem ents in each filing as approved. The County will place restrictions
on those portions ofthe 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 req uirements for a Request for Release of Collateral.
7.3 The applicant intends to develop in accordance with Exhibits "A" and "B." The costs of the
improve ments described in Exhibit"A" will be adj usted higher or lower for the year and quarter in
4
which the contemplated work is being performed based on "The State Highway Bid Price Index"
contained in the "Quarterly Cost Report" of The Engineering News-Record as published by The
McG raw-Hill Companies. The applicant has provided cost estimates for all phases of the development
which will be adjusted in accordance with The State Highway Bid Price Index at the time of posting
of collateral for each phase.
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:
8.1.1 The Letter of Credit shall be in an amount equivalent to 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 Improve ments 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
estimatedcosts 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 ofproposed 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 approv al,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.L) indicating that the value of the
property encumbered in its current degree of development is sufficient to cover One-Hundred
percent(100%)o f the cost of the improvement 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
5
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
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.
8.3.3 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 es crowed 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 the State of C olorado that the projector 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(CDOT)Schedule for minimum materials samp ling,testing and insp ections found in
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 appro priate, 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 fromthe appropriate Fire Authority indicating the fire hydrants am in place
in accordance with the approved plans. The letter shall indicate ifthe fire hydrants are operational and
state the results of fire flow tests.
9.6 The requirements in Sections 9.0 thru 9.5 shall be noted on the final construction plans.
6
9.7 Following the submittal of the Statement of Substantial Compliance and recommendation of
acceptance of the streets for partial maintenance by the County,the applicant(s)may req uest 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.
9.9 The warranty collateral shall be released to the a pplicant up on final acceptance by the B oard of County
Commissioners for full maintenance under Section 5.3 herein.
10.0 Public Sites and Open Spaces: When the Board of County Commissioners,pursuant t a rezoning,Subdivision
or Planned Unit Development,requires the dedication,development and/or reservation of areas or sits other
than Subdivision or Planned Unit Development streets and utility easements ofa 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 plan,if any:
10.1 The required acreage,as may be determined by relevant Sections of the Weld County Code,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 by relevant Sections 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 by relevant Sections
of the Weld County Code. Such value shall be determined by a competent land appraiser chosen
jointly by the B oard and the Applicant. The cash collected shall be deposited in an escrow account
to be expended for parks ata later date.
11.0 Successors and Assigns: This Agreement shall be binding upon the heirs,executors,perso nal 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.
7
IN WITNESS WHEREOF,the parties hereto have caused this :: eernen to be executed on the day and ar
first above written. /////�/
APPLICANT: 7r
APPLICANT:L /j, __
TITLE: _Ca ....ca •
•
•
Subscribed and sworn b before me this Ca 7.day of�1-�t_ __, 20 D aj
r �
My Commission expires: E °
9_2_D /, Notary Public
ATTEST: BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Weld County Clerk to the Board ,Chair
BY:
Deputy Clerk to the Board
APPROVED AS TO FORM:
County Attorney
8
EXHIBIT "A"
Name of Subdivision
or Planned Unit Development __
Filing: _
Location: LQ -14
Cl� S _3�
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
Street base
Street paving
Curbs,gutters,and culverts
Sidewalk
Storm sewer facilities
Retention ponds
Ditch Improvements
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)
Fire hydrants
Survey and street monuments and boxes
Street lighting
Street Names
Fencing requirements
Landscaping
Park improvements
Road culvert
Grass lined swale
Telephone
Gas
Electric
Water transfer
SUB-TOTAL:
Engineering and Supervision Costs $
(Testing,inspection,as-built plans and work in addition to preliminary and final plat; supervision of actual construction
by contractors)
„_- TOTAL ESTIMAT ED COST OF IMPROVEMENT S AND SUPERVISION S
9
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."
B
Applicant
Applicant
"�
piwv- — Date: -6 ,20 /h�t
Title
(If corporation,to be signed by President and attested to by Secretary,together with corporate seal.)
r
10
EXHIBIT"B"
Name of Subdivision a -
or Planned Unit Development__
Filing
Location: _ let es. )4144.3s
All improvements shall be completed within _years from the date of approval of the final plat.
Construction of the impro vements listed in Exhibit"A"sha 11 be completed as follows:
(Leave spaces blank where they do not apply.)
Improvements Time for Completion
Site trading
Street grading
Street base
Street paving
Curbs,gutters,and culverts
Sidewalk
Storm sewer facilities
Retention ponds
Ditch improvements
Subsurface drainage
Sanitary sewers
Trunk and forced lines
Mains
Laterals(house connected)
On-site sewage facilities
On-site water supply and storage
Water mains
Fire hydrants
Survey and street monuments and boxes
Street lighting
Street name signs
Fencing requirements
Landscaping
Park improvements
Road culvert
Grass lined swale
Telephone
Gas
Electric
Water transfer
SUB-TOTAL:
11
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 show" by the Applicant that the above schedule cannot be met.
pplic t
jL
Applicant
Dater ,20 QG
Title
(If corporation,to be signed by President and attested to by Secretary,together with corporate seal.)
11
OFF SITE DUST CONTROL
r
The topic of off site dust control is on going with Weld County Department
of Public Works and myself.
There are questions as to the need for Dust Mitigation on Road 5. The road
was recently taken out of the Fugitive Dust Control Program, letter attached.
Traffic count indicates it not needed. I don't feel that it is needed either. Set
backs from the road for the two lots facing Road 5 is enough so that should
not be a problem.
There are also questions as to the need for Dust Mitigation on Road 38. It is
a waste of money to consider it with very little traffic and only one farm
house on a one mile stretch. The two lots on the north end along 38 is set
back enough where it should not be a problem.
I lo orward to working out this with the Department.
Dave Schwind
r4.*****;:,
PUBLIC WORKS DEPARTMENT
1111 H STREET, P.O. BOX 758
GREELEY, COLORADO 80632
IlDWEBSITE: WWW.CO.WELD.CO.US
PHONE (970) 356-4000, EXT. 3750
C. CERTIFIED MAIL FAX: (970) 304-6497
COLORADO
January 3, 2006
David & Susanne Schwind
17900 WCR 5
Berthoud, CO 80513
RE: Decision to Remove WCR 5 (WCR 36 to WCR 40.5) from the Fugitive Dust Control Treatment
Program
Dear Mr. and Mrs. Schwind:
As you are aware,WCR 5 adjacent to your property has been under consideration for removal from the County
Financed Fugitive Dust Control Treatment Program because traffic counts have been recorded below the
minimum threshold of 200 vehicles per day.
The decision has been made to return your road to routine gravel road maintenance activities.
This decision does not preclude your roadway from becoming a candidate for future County financed dust
control if traffic volumes increase over the threshold limits. It also does not preclude you from applying for
private application of dust control measures in front of your residence.
If you disagree with the decision to eliminate County financed treatment for fugitive dust from your road,you
may appeal the decision to the Weld County Board of County Commissioners under Section 2-4-10(Appeals)
of the County Code. That process should be implemented by contracting the County Clerk to the Board at
970-356-4000, extension 4225.
Si ely,
Frank B. Hempen, Jr.,P.E.
Director of Public Works/County Engineer
pc: Commissioner William H. Jerke
Jeff J. Jerome, Operations Division Manager
Perry Eisenach, Engineering Division Manager
Mel Everhart, Motor Grader Supervisor
Carol Harding, Clerk to the Board
WCR 5 file M:UDT Counts\Stabilization Removal Candidates\WCR5FugDustDccision2RemovRd.doc
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