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Home My WebLink About20063400.tiff cgit41: PUD FINAL PLAT hiDe. ADMINISTRATIVE REVIEW COLORADO CASE NUMBER: PF-1032 PLANNER: Kim Ogle APPLICANT: UIV Land, LLC, do Nolan Ulmer ADDRESS: 16529 County Road 70 Greeley, CO 80631 REQUEST: Coyote Ridge PUD Final plat for nine (9) residential Lots with Estate Zone uses, two(2) Lots with Agricultural Zone uses along with 13.6 acres of Common Open Space LEGAL: Amended Lot B of AmRE-3340; part NW4 Section 20 and part SW4 Section 17, T5N, R67W of the 6th P.M., Weld County, Colorado. LOCATION: East of and adjacent to CR 15 and '/ mile North of CR 54 ACRES: 148.11 +/- PARCEL#: 0957 20 200035 and 0957 17 300019 THE DEPARTMENT OF PLANNING SERVICES' STAFF ADMINISTRATIVE APPROVAL OF THIS APPLICATION FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 27-7-30 of the Weld County Code. 2. The request is in conformance with Section 27-7-40.C of the Weld County Code, as follows: A. Section 27-7-40.C.1--That the proposal is consistent with Chapters 19, 22,23,24 and 26 of the Weld County Code. 1) Section 22-2-210.D.2, PUD.Policy 4.2— "A planned unit development which includes a residential use should provide common open space free of buildings, streets, driveways or parking areas. The common open space should be designed and located to be easily accessible to all the residents of the project and usable for open space and recreation...." This proposal includes approximately thirty-three percent open space. Further, the landscape treatment will focus on the retention of the established native plant species, the wetland swale and the agricultural parcels that may be farmed. Every effort is made to retain the native grasses and drought tolerant vegetation in an effort to conserve available water. 2) Section 22-3-50.B., P.Goal 2 -- "Require adequate facilities and services to assure the health, safety and general welfare of the present and future residents of the County." The proposed PUD will be serviced by Little Thompson Water District for potable and fire protection requirements. I.S.D.S., septic systems will handle the effluent flow. PF-1032 COYOTE RIDGE PUD 1 pL Ia 6 2006-3400 PUD FINAL PLAT 1119€. ADMINISTRATIVE REVIEW COLORADO CASE NUMBER: PF-1032 PLANNER: Kim Ogle APPLICANT: UIV Land, LLC, c/o Nolan Ulmer ADDRESS: 16529 County Road 70 Greeley, CO 80631 REQUEST: Coyote Ridge PUD Final plat for nine (9) residential Lots with Estate Zone uses, two (2) Lots with Agricultural Zone uses along with 13.6 acres of Common Open Space LEGAL: Amended Lot B of AmRE-3340; part NW4 Section 20 and part SW4 Section 17, T5N, R67W of the 6th P.M., Weld County, Colorado. LOCATION: East of and adjacent to CR 15 and % mile North of CR 54 ACRES: 148.11 +/- PARCEL#: 0957 20 200035 and 0957 17 300019 THE DEPARTMENT OF PLANNING SERVICES' STAFF ADMINISTRATIVE APPROVAL OF THIS APPLICATION FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 27-7-30 of the Weld County Code. 2. The request is in conformance with Section 27-7-40.C of the Weld County Code, as follows: A. Section 27-7-40.C.1--That the proposal is consistent with Chapters 19, 22,23,24 and 26 of the Weld County Code. 1) Section 22-2-210.D.2, PUD.Policy 4.2 — "A planned unit development which includes a residential use should provide common open space free of buildings, streets, driveways or parking areas. The common open space should be designed and located to be easily accessible to all the residents of the project and usable for open space and recreation...." This proposal includes approximately thirty-three percent open space. Further, the landscape treatment will focus on the retention of the established native plant species,the wetland swale and the agricultural parcels that may be farmed. Every effort is made to retain the native grasses and drought tolerant vegetation in an effort to conserve available water. 2) Section 22-3-50.B., P.Goal 2 -- "Require adequate facilities and services to assure the health, safety and general welfare of the present and future residents of the County." The proposed PUD will be serviced by Little Thompson Water District for potable and fire protection requirements. I.S.D.S., septic systems will handle the effluent flow. PF-1032 COYOTE RIDGE PUD 1 3) The proposed site is not influenced by any intergovernmental agreements or the Mixed Use Development area. B. Section 27-7-40.C.2--That the uses which would be allowed in the proposed PUD will conform with the performance standards of the PUD Zone District contained in Article II, Chapter 27 of the Weld County Code.The applicants have met the twenty performance standards as delineated in Section 27-2-10 regarding access, buffering and screening, bulk requirements, circulation, etcetera.The applicants have submitted Improvement Agreements According to Policy Regarding Collateral for Improvements(Public Road Maintenance). The Agreements will be required to be approved and accepted by the Board of County Commissioners prior to recording the final plat. C. Section 27-7-40.C.3--That the uses which would be permitted will be compatible with the existing or future development of the surrounding area as permitted by the existing zoning, and with the future development as projected by Chapter 22 of the Weld County Code or master plans of affected municipalities. This proposal is located inside of the City of Greeley Long Range Expected Growth Area, yet outside of the City of Greeley's Urban Growth Area. The Town of Johnstown indicated that they find no conflict with their interests and Larimer County did not return a response. D. Section 27-7-40.C.4--That adequate water and sewer service will be made available to the site to serve the uses permitted within the proposed PUD in compliance with the performance standards in Article II, Chapter 27 of the Weld County Code. The proposed PUD will be serviced by the Little Thompson Water District for potable and fire protection requirements. I.S.D.S., septic systems will handle the effluent flow. E. Section 27-7-40.C.5 -- That street or highway facilities providing access to the property are adequate in functional classification, width, and structural capacity to meet the traffic requirements of the uses of the proposed PUD Zone District. The Department of Public Works is requiring a paved internal road of two 12-foot travel lanes and two 4-foot gravel shoulders. F. Section 27-7-40.C.6—In the event the street or highway facilities are not adequate, the applicant shall supply information which demonstrates the willingness and financial capacity to upgrade the street or highway facilities in conformance with the Transportation Sections of Chapters 22, 24 and 26, if applicable. The applicant shall be required to enter into an On-site Improvements Agreement for pavement of the internal access road. The Agreement will be required to be approved and accepted by the Board of County Commissioners prior to recording the final plat. G. Section 27-7-40.C.7 -- That there has been compliance with the applicable requirements contained in Chapter 23 of the Weld County Code regarding overlay districts,commercial mineral deposits, and soil conditions on the subject site. Conditions of Approval and Development Standards ensure that soil conditions shall be considered when placing structures on site. Agreements have been reached with all oil and gas interests on site. Effective January 1,2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11) Effective August 1, 2005, Building permits issued on the subject site will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40) H. Section 27-7-40.C.8--If compatibility exists between the proposed uses and criteria listed in the development guide, and the final plan exactly conforms to the development guide. The proposed PUD Final Plan uses are compatible with the criteria listed in the Developmental Guide. PF-1032 COYOTE RIDGE PUD 2 The Department of Planning Services'approval is conditional upon the following: 1. Prior to recording the PUD Final Plat: A. The applicant has submitted a draft Improvements Agreements According to Policy Regarding Collateral for Improvements (Private Road Maintenance). The agreements and collateral shall be approved and accepted by the Board of County Commissioners prior to recording the Final Plat. (Department of Planning Services, Department of Public Works) B. The applicant shall utilized "Alternative A" for the pavement design. The minimum acceptable pavement section for Weld County is 3-inches HBP over 6-inches ABC. Weld County does not approve full-depth pavement sections for roadways "Alternative B". (Department of Public Works) C. The Final Drainage Report for Coyote Ridge 9-Lot PUD dated October 2004, by Pickett Engineering,Inc. Project No.02-057)is acceptable to the Department of Public Works, however, the report must be stamped, signed and dated by a professional engineer licensed in the State of Colorado. The final sealed drainage report will be kept in the case file for use during the construction phase. The Department of Public Works has not received this report as to date. Evidence of Public Works approval shall be submitted to the Department of Planning Services. (Department of Public Works) D. The Department of Public Works has accepted stamped, signed and dated final roadway, drainage, utility/construction plan drawings (full set). Certified drawings will remain in the department's file for use during construction. Written evidence from the Department of Public Works indicating the plans are in custody shall be given to the Department of Planning Services. (Department of Public Works) E. The applicant shall submit three(3)additional sets of final roadway,drainage,utility/construction plan drawings(stamped, signed, and dated)to Public Works for Weld County Field Inspectors' use during construction of the subdivision. Written evidence from the Department of Public Works indicating the plans have been submitted shall be given to the Department of Planning Services. (Department of Public Works) F. The applicant or their agents may be required to obtain permits from the Utility Agent for Weld County Department of Public Works for each utility. Written evidence from the Department of Public Works indicating the utility issue has been resolved shall be given to the Department of Planning Services. (Department of Public Works) G. The applicant shall submit evidence that the Weld County Attorney's Office has reviewed the Restrictive Covenants and Home Owners Association Incorporation paperwork for Coyote Ridge PUD. Any changes requested by the Weld County Attorney's Office shall be incorporated. The Department of Public Health and Environment requests that due to the large lot sizes the Department did not require primary and secondary envelopes on the lots. Further, no envelopes were placed on the plat;however,Section 3.7 of the covenants addresses primary and secondary septic envelopes. That reference shall be removed. (Department of Planning Services) H. The applicant shall submit finalized copies and the appropriate fee ($6 for the first page and $5 for each additional page) to the Department of Planning Services for recording the Restrictive Covenants for Coyote Ridge PUD in the Office of the Clerk and Recorder. (Department of Planning Services) I. The applicant shall submit Certificates from the Secretary of State showing the Coyote Ridge Homeowners Associations have been formed and registered with the state. (Department of Planning Services) PF-1032 COYOTE RIDGE PUD 3 J. The Plat shall be amended to include the following: 1) All utility easements shall be indicated on the plat as approved by the Weld County Utility Advisory Committee meeting of June 30, 2005. (Utility Advisory Committee) K. The applicant shall submit a digital file of all drawings associated with the Final Plan application. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e0O. The preferred format for Images is.tif(Group 4).(Group 6 is not acceptable).(Department of Planning Services) 2. The Final Plat is conditional upon the following and that each be placed on the Final Plat as notes prior to recording: A. The PUD final Plat allows for nine(9) residential Lots with Estates uses, two(2) non-residential Lots with Agricultural Zone Uses, (Lots 8 A and 9 A),except for the minimum square footage for residential structures, as indicated in the application materials on file in the Department of Planning Services and subject and governed by the Conditions of Approval stated hereon and all applicable Weld County Regulations. Noncompliance with any of the foregoing Conditions of Approval may be reason for revocation of the Permit by the Board of County Commissioners. (Department of Planning Services) B. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. (Department of Planning Services) C. Water service shall be obtained from Little Thompson Water District. (Department of Public Health and Environment) D. This subdivision is in rural Weld County and is not served by a municipal sanitary sewer system. Sewage disposal shall be by a septic systems designed in accordance with the regulations of the Colorado Department of Public Health and Environment,Water Quality Control Division and the Weld County Code in effect at the time of construction,repair, replacement or modification of the system. (Department of Public Health and Environment) E. If required, the applicant shall obtain a storm water discharge permit from the Water Quality Control Division of the Colorado Department of Public Health and the Environment. Silt fences shall be maintained on the down gradient portion of the site during all parts of the construction phase of the project. (Department of Public Health and Environment) F. During development of the site, all land disturbances shall be conducted so that nuisance conditions are not created. If dust emissions create nuisance conditions, at the request of the Weld County Health Department, a fugitive dust control plan must be submitted. (Department of Public Health and Environment) G. In accordance with the Regulations of the Colorado Air Quality Control Commission any development that disturbs more than 5 acres of land must incorporate all available and practical methods that are technologically feasible and economically reasonable in order to minimize dust emissions. (Department of Public Health and Environment) H. If land development creates more than a 25-acre contiguous disturbance, or exceeds 6 months in duration,the responsible party shall prepare a fugitive dust control plan,submit an air pollution emissions notice, and apply for a permit from the Colorado Department of Public Health and Environment. (Department of Public Health and Environment) I. The Reorganized Farmers Ditch Company has the authority to cut and remove trees within the right-of-way for the Reorganized Farmers Ditch Company,and will at an appropriate time,remove any and all such trees. (Reorganized Farmers Ditch Company) PF-1032 COYOTE RIDGE PUD 4 J. No Fence shall be placed within the right-of-way, and particularly across the ditch right-of-way. Any approved fences along the ditch easement must be fireproof and stock-proof to prevent damage by cleaning of the ditch by burning and by humans, livestock, and other sources to the ditch. (Reorganized Farmers Ditch Company) K. The Reorganized Farmers Ditch Company has no plans to alter its operation to correct the issue of subsurface waters that arise due to water flowing within the ditch system. (Reorganized Farmers Ditch Company) L. Property owners will be required to maintain the existing irrigation and drainage patterns to maintain the quality of the water in the ditch. (Reorganized Farmers Ditch Company) M. Property owners shall acknowledge that no livestock watering, swimming, tubing, canoeing or other use of the ditch is allowed. (Reorganized Farmers Ditch Company) N. Property owners shall acknowledge that no dumping of refuse, including but not limited to household garbage, waste materials, grass clippings, tree and shrub prunings, motor oil, chemicals, pesticides,or herbicides into the is allowed. (Reorganized Farmers Ditch Company) O. Property owners shall acknowledge that no pumps for lawn or other irrigation is allowed from the ditch. (Reorganized Farmers Ditch Company) P. Property owners shall acknowledge that no use of the ditch easement for hiking, biking, horseback, motorcycle, off road vehicles or other motorized or non-motorized vehicle shall be allowed. (Reorganized Farmers Ditch Company) Q. Potential Purchasers are hereby notified that a confined animal feeding operation for 2850 head is located directly west southwest of the intersection of County Roads 15 and 56. Off-site impacts that may be encountered include noise from trucks, tractors and equipment; dust from animal pens and odors from animal confinement, silage, and manure. (Department of Planning Services) R. The Weld County Sheriffs Office has limited traffic enforcement powers on roadways within subdivision that are not maintained by the County. (Sheriffs Office) S. All landscaping within sight distance triangles must be less than 3 %feet in height at maturity. (Department of Planning Services) T. A Home Owner's Association(s)shall be established prior to the sale of any lot. Membership in the Association(s) is mandatory for each parcel owner. The Association(s) is responsible for liability insurance, taxes and maintenance of open space, streets, private utilities and other facilities. Open space restrictions are permanent. (Department of Planning Services) U. The Coyote Ridge Homeowner's Association is responsible for maintenance and preservation of the wetland areas associated with this parcel. The County will not assume responsibility. (Department of Planning Services) V. Weld County's Right to Farm as delineated on this plat shall be recognized at all times. (Department of Planning Services) W. Oil and gas facilities within the subdivision must be fenced to avoid tampering. (Sheriffs Office) X. One development sign not to exceed thirty-two square feet has been approved at the entrance. Signs shall meet all requirements of Chapter 23, Article IV, Division 2, Chapter 26, Article II, Section 90 and Chapter 27, Article VI, Section 90 of the Weld County Code. (Department of Planning Services) PF-1032 COYOTE RIDGE PUD 5 Y. Effective January 1,2003, Building Permits issued on the lot will be required to adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11) (Department of Planning Services) Z. Effective August 1, 2005, Building permits issued on the subject site will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40) (Department of Planning Services) AA. Stop signs and street name signs will be required at all intersections. (Department of Planning Services) AB. All single-family residences shall have a legible address that is clearly visible from the street fronting the property. (Johnstown Fire Protection District) AC. Installation of utilities shall comply with Section 24-9-10 of the Weld County Code. (Department of Planning Services) AD. The Weld County Department of Public Works shall be notified prior to placing utilities in the road rights-of-way to determine if permits will be required. (Department of Public Works) AE. A separate building permit shall be obtained prior to the construction of any building.(Department of Building Inspection) AF. A plan review is required for each building. Plans may require the wet stamp of a Colorado registered engineer or architect.Two complete sets of plans are required when applying for each permit. (Department of Building Inspection) AG. Buildings shall conform to the requirements of the codes adopted by Weld County at the time of permit application. Current adopted codes include the 2003 International Residential Code;2003 International Building Code; 2003 International Mechanical Code; 2003 International Plumbing Code; 2003 International Fuel Gas Code; 2002 National Electrical Code and Chapter 29 of the Weld County Code. (Department of Building Inspection) AH. Each building will require an engineered foundation based on a site-specific geotechnical report or an open hole inspection performed bya Colorado registered engineer.Engineered foundations shall be designed by a Colorado registered engineer. (Department of Building Inspection) Al. Fire resistance of walls and openings,construction requirements, maximum building height and allowable areas will be reviewed at the plan review. Setback and offset distances shall be determined by Chapter 23 of the Weld County Code. (Department of Building Inspection) AJ. Building height shall be measured in accordance with the 2003 International Building Code for the purpose of determining the maximum building size and height for various uses and types of construction and to determine compliance with the Bulk Requirements from Chapter 23 of the Weld County Code. Building height shall be measured in accordance with Chapter 23 of the Weld County Code in order to determine compliance with offset and setback requirements. When measuring buildings to determine offset and setback requirements, buildings are measured to the farthest projection from the building. Property lines shall be clearly identified and all property pins shall be staked prior to the first site inspection. (Department of Building Inspection) AK. Complete drawings shall be submitted for review by the Johnstown Fire Protection District. (Department of Building Inspection) PF-1032 COYOTE RIDGE PUD 6 AL. At the time an application is accepted for a building permit, a plan review will be done. A complete review of the building or structure by the Weld County Building Inspection Department or the Johnstown Fire Protection District may reveal other building issues or areas needing attention. (Department of Building Inspection) AM. Lot 4 and Lot 5 may not meet all applicable setbacks for Oil and Gas exploration. Should this be the case,two standards will apply: 1) Should the residence be constructed prior to the well being drilled,the well location will conform to the Oil and Gas Commission setbacks;2) Should the well be drilled prior to the construction of the residence and the residence not meet setbacks, the property owner will be required to apply for a variance to the oil and gas setbacks through the Board of Adjustment. (Department of Planning Services) AN. The property owner shall be responsible for compiling with the Performance Standards of Chapter 27, Article II and Article VIII, of the Weld County Code. (Department of Planning Services) AO. Weld County personnel shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County Regulations. (Department of Planning Services) AP. The site shall maintain compliance at all times with the requirements of the Weld County Government, and adopted Weld County Code and Policies. (Department of Planning Services) AQ. Section 27-8-80.A of the Weld County Code- Failure to Comply with the PUD Final Plan -The Board of County Commissioners may serve written notice upon such organization or upon the owners or residents of the PUD setting forth that the organization has failed to comply with the PUD Final Plan. Said notice shall include a demand that such deficiencies of maintenance be cured within thirty(30)days thereof. A hearing shall be held by the Board within fifteen (15)days of the issuance of such notice, setting forth the item, date and place of the hearing. The Board may modify the terms of the original notice as to deficiencies and may give an extension of time within which they shall be rectified. AR. Section 27-8-80.B of the Weld County Code-Any PUD Zone District approved in a Final Plan shall be considered as being in compliance with Chapter 24 of the Weld County Code and Section 30-28-101, et seq., CRS. 3. Prior to construction: A. The applicant shall contact the Johnstown Fire Protection District for review and approval of all access roads. Evidence of Fire District approval shall be submitted to the Department of Building Inspections prior to construction on the site. (Department of Planning Services) B. The applicant shall submit street construction plans for the utilities showing the location of fire hydrants,the size of water mains and available fire flows to the Johnstown Fire Protection District for review and approval. Evidence of Fire District approval shall be submitted to the Department of Building Inspections prior to construction on the site. (Department of Planning Services) C. Stop signs and street name signs including address ranges will be required at all intersections. If standard street signs are not used, the sign type must be submitted to Johnstown Fire Protection District for review. (Department of Planning Services) D. The applicant shall submit an eight and one-half inch by eleven inch map showing street configuration, street names, hydrant locations and addresses of the lots to the Johnstown Fire Protection District. (Department of Planning Services) E. All single-family residences shall have a legible address that is clearly visible from the street PF-1032 COYOTE RIDGE PUD 7 fronting the property.The address numbers shall contrast with their background.(Mountain View Fire Protection District) 4. Prior to Release of Collateral A. The applicant shall submit deeds which convey all open space to the Coyote Ridge Homeowners Association. (Department of Planning Services) 5. Upon completion of 1 and 2 above, the applicant shall submit two (2) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. Upon approval of the paper copies the applicant shall submit a Mylar plat along with all other documentation required as conditions of approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services'Staff. The plat shall be prepared in accordance with the requirements of Section 27-9-20 of the Weld County Code. The Mylar plat and additional requirements shall be submitted within thirty(30)days from the date of the Board of County Commissioners resolution.The applicant shall be responsible for paying the recording fee. 6. Section 27-8-60 of the Weld County Code-Failure to Record a Planned Unit Development Final Plan - If a Final Plan plat has not been recorded within one (1) year of the date of the approval of the PUD Final Plan, or within a date specified by the Board of County Commissioners, the Board may require the landowner to appear before it and present evidence substantiating that the PUD Final Plan has not been abandoned and that the applicant possesses the willingness and ability to record the PUD Final Plan plat. The Board may extend the date for recording the plat. If the Board determines that conditions supporting the original approval of the PUD Final Plan cannot be met, the Board may,after a public hearing, revoke the PUD Final Plan. Staff Comments prepared and sent July 10, 2006 First Review-September 21, 2006 Second Review-September 27, 2006 Public Works sign-off-October 5, 2006 (email) Attorney Sign-off-October 27, 2006 Final Approval -October 30, 2006 PF-1032 COYOTE RIDGE PUD 8 Ks a DEPART :ENT OF PLANNING SERVICES Planning Division SOUTHWEST OFFICE ' 4209 CR 24.5 V 11 D C LONGMONT, CO 80504 kogle@co.weld.co.us PHONE: (720)652-4210, Ext. 8747 COLORADO FAX: (720)652-4211 June 20, 2006 Nolan Ulmer c/o UIV Land, LLC, do 16529 County Road 70 Greeley, CO 80631 Subject: PF-1032, Coyote Ridge PUD, Administrative Review Comments Dear Nolan: The Department of Planning Services has completed their second review of the submitted documents and offers the following comments: The first section addresses the Administrative Comments,under the heading of"Prior to Recording the PUD Final Plat": A. The applicant has submitted a draft Improvements Agreements According to Policy Regarding Collateral for Improvements (Private Road Maintenance). The agreements and collateral shall be approved and accepted by the Board of County Commissioners prior to recording the Final Plat. Improvements Agreement has been approved for the itemized components, however, there is no evidence that staff has received collateral for this PUD. Please make arrangements to submit collateral to the Department of Planning Services. F. The applicant or their agents may be required to obtain permits from the Utility Agent for Weld County Department of Public Works for each utility. Written evidence from the Department of Public Works indicating the utility issue has been resolved shall be given to the Department of Planning Services. The Department of Planning Services is not in receipt of this documentation. G. The applicant shall submit evidence that the Weld County Attorney's Office has reviewed the Restrictive Covenants and Home Owners Association Incorporation paperwork for Coyote Ridge PUD. Any changes requested by the Weld County Attorney's Office shall be incorporated. The Department of Public Health and Environment requests that due to the large lot sizes the Department did not require primary and secondary envelopes on the lots. Further, no envelopes were placed on the plat;however, Section 3.7 of the covenants addresses primary and secondary septic envelopes. That reference shall be removed. The Department of Planning Services is not in receipt of this documentation. Further, the copy of the covenants in the case file has not addressed the concerns of the Department of Public Health and Environment. Please make arrangements to resubmit this document to Pam Smith with the Department of Public Health and Environment and Craig Emil with the County Attorney's office for review and approval. Written documentation of approval shall be submitted to the Department of Planning Services. H. The applicant shall submit finalized copies and the appropriate fee ($6 for the first page and $5 for each additional page)to the Department of Planning Services for recording the Restrictive Covenants for Coyote Ridge PUD in the Office of the Clerk and Recorder. ;?6106- 3• yoD /o- & -07e/C) This document shall be sullied to the Department of Planning Services atter all amendments have been approved by Pam Smith with the Department of Public Health and Environment and Craig Emil with the County Attorney's office. Signed originals of the Restrictive Covenants for Coyote Ridge PUD shall be submitted to the Department of Planning Services with the appropriate fee. The applicant shall submit Certificates from the Secretary of State showing the Coyote Ridge Homeowners Associations have been formed and registered with the state. The Department of Planning Services is not in receipt of this documentation. J. The Plat shall be amended to include the following: All utility easements shall be indicated on the plat as approved by the Weld County Utility Advisory Committee meeting of June 30, 2005. The Utility Plan drawings of May 9, 2005 and the PUD Final Plat drawings dated August 2005 do not reflect these requested amendments. Please revise both sets of drawings, and affiliated drawings sets to reflect these requirements. The Utility Board Minutes are attached to this letter as an enclosure. This section, under the heading of"The Final Plat is conditional upon the following and that each be placed on the Final Plat as notes prior to recording:" 2.A The PUD Final Plat allows for nine(9)residential Lots with Estates uses,two(2)non-residential Lots with Agricultural Zone Uses,(Lots 8 A and 9 A),except for the minimum square footage for residential structures,as indicated in the application materials on file in the Department of Planning Services and subject and governed by the Conditions of Approval stated hereon and all applicable Weld County Regulations. Noncompliance with any of the foregoing Conditions of Approval may be reason for revocation of the Permit by the Board of County Commissioners. All references should be for a Final Plat. The Department of Planning Services respectively requests this amendment be addressed throughout the PUD Final Plat documents and associated PUD Final Plat sheets. General comment, the PUD Final Plat for Coyote Ridge PUD was administratively approved by the Department of Planning Services, therefore the "Certificate of Approval by the Board of County Commissioners" signature block should be removed and replaced with the Administrative Signature Block. Should you have any questions or need further information, I may be reached at the above address, telephone number or e-mail address. •incerely, im Planni nager Enclosure:Utility Board Minutes of June 30,2005 File: PF-1032 pc: Ken Alles Alles and Associates,inc 428 North 2n1 Street LaSalle,CO 80645 1 Z3/4.‘"‘: DEPARTMENT OF PLANNING SERVICES Kit NORTH OFFICE 91 8 10TH Street GREELEY, CO 80631631 PHONE: (970) 353-6100, Ext. 3540 FAX: (970)304-6498 �• SOUTHWEST OFFICE 4209 CR 24.5 COLORADO LONGMONT, CO 80504 PHONE: (720)652-4210, Ext. 8730 FAX: (720) 652-4211 June 8, 2005 UIV Land LLC c/o Nolan Ulmer 16529 CR 70 Greeley CO 80631 Subject: PF-1032- Request for a PUD Final Plan for a none(9)Lot residential subdivision,two(2)lots with Agricultural Zone Uses along with 19.2 acres of common Open Space (Coyote Ridge PUD) described as Amended Lot B of AmRE-3340; part NW4 Section 20 and part SW4 Section 17, T5N, R67W of the 6th P.M., Weld County, Colorado. Dear Applicant: Your application and related materials for the request described above are being processed. l have scheduled a meeting with the Weld County Utilities Advisory Committee for Thursday,June 30,2005,at 10:00 a.m. This meeting will take place in the Hearing Room,Weld County Department of Planning, 918 10'h Street,Greeley, Colorado. It is the policy of Weld County to refer an application to any town or municipality lying within three miles of the property or if the property is located within the comprehensive planning area of a town or municipality. Therefore,our office has forwarded a copy of the submitted materials to the Greeley and Johnstown Planning Commission for their review and comments. Please call Greeley at 970-350-9780 and Johnstown at 587- 4664 for further details regarding the date,time,and place of this meeting. It is recommended that you and/or a representative be in attendance at the Greeley and Johnstown Planning Commission meeting to answer any questions the Commission members may have with respect to your application. The Department of Planning Services'staff will make a recommendation concerning this application within sixty(60)days. If you have any questions concerning this matter, please call. Respectfully, Kim Ogle Planner Page 1 of 1 Kim Ogle From: Peter Schei Sent: Friday, February 17, 2006 1:15 PM To: Kim Ogle Cc: Lee Morrison; Pam Smith; Tracy Dyer; Kelly Jenkins Subject: PF-1032 resolution ....RE: ADMINISTRATIVE REVIEW OF COYOTE RIDGE PUD PF-1032 (ULMER APPLICANT) Importance: High 17-Feb-2006. Good Afternoon, Kim: The (Administrative Review) Resolution of the Final Plat for PF-1032 Coyote Ridge PUD is satisfactory to Public Works. Planning (and the applicant) may proceed ahead without any concerns with the resolution at this time from our Department. Please let me know if there is anything further needed from our Department. Have a great afternoon, Peter. P.S. Please let us know when the final plat is recorded, so as to know when to begin inspection at the site .... or otherwise provide direction wrt improvements. Thank you. Peter SCHE/,P.e Ns r.E. Weld County-Public Works Department 1111-H Street, Greeley,CO 80632 970.356.4000 x3750 psehei@co.weld.co us "Welcome I Ionic - to Weld County" From: Kim Ogle Sent: Monday, February 13, 2006 12:45 AM To: Peter Schei; Pam Smith Cc: Lee Morrison Subject: ADMINISTRATIVE REVIEW OF COYOTE RIDGE PUD PF-1032 (ULMER APPLICANT) Please review, should there be any amendment to comment please have in hand by Friday February 17, 2006. Thanks in advance for your efforts. Kim 02/19/2006 if•7,L phMunicipal Subdistrict Northern Colorado Water Conservancy District 220 Water Avenue • Berthoud,CO 80513 • 970-532-7700• fax 970-532-0942 May 29, 2007 Ms. Monica Daniels-Mika Director Weld County Planning Department 1400 North 17th Avenue Greeley, CO 80631 Dear Ms. Daniels-Mika: The Petitions for Inclusion in the names of Nolan Ulmer et al. that were forwarded to you on April 2, 2007, were approved by the Board of Directors at its meeting on May 11, 2007. These lands will be included within Municipal Subdistrict, Northern Colorado Water Conservancy District boundaries pending receipt of approval by the District Court. Copies of the recorded Court Orders will be sent to you as we receive them. If you have any questions, please feel free to give me a call at 970-622-2216. Sincerely, Marilyn L. Conley Allotment Contracts Manager nk #116542 PLANNED UNIT DEVELOPMENT (PUD) FINAL PLAT APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT#/AMOUNT # /$ CASE #ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: 0 9 5 7 1 7 3 0 0 0 2 1 Parcel Number 0 9 5 7 2 0 2 0 0 0 3 7 - (12 digit number-found on Tax I.D.information,obtainable at the Weld County Assessor's Office,or www.co.weld.co.us). (Include all lots being included in the appliceion area,If additional space Is required,attach an addtional sheet) 17 Legal Description See Attached , Section 20, Township 5 North, Range 67West Property Address(If Appicable) 26994 WCR 15, Loveland, CO 80537 Existing Zone District : AG_Proposed Zone District: Estatefotal Acreage: 147.3 Proposed #/Lots 9 Average Lot Size: 6.6 ac Mininum Lot Size: 5.3 ac Proposed Subdivision Name: Coyote Ridge Proposed Area (Acres)Open Space: 20.1 acres Are you applying for Conceptual or Specific Guide? Conceptual Specific X FEE OW NER(S) OF THE PROPERTY (If additimal space is required,attach an additional sheet) Name: UIV Land LLC / Nolan Ulmer Work Phone #970/196-8423 Home Phone# Email Address Nustar@starband.net Address: 16529 WCR 70 City/State/Zip Code Greeley, CO 80631 APPLICANT OR AUTHORIZED AGENT(See Below:Authorization must mcompany applications sgned by Authorized Agent) Name: Nolan Ulmer Work Phone#970/3968423 Home Phone# Email Address nustar@starband.net Address: 16529 WCR 70 City/State/Zip Code Greeley, CO 80631 UTILITIES: Water: Little Thompson Water District Sewer: Septic Gas: Xcel Energy (Public Service Company) Electric: Poudre Valley REA Inc. Phone: Nast CnmmnniraHong DISTRICTS: School: Weld County School District RE-5J (Johnstown/Milliken) Fire: Johnetncm Vira Prntertinn District Post: Tnhnetncm I(We)hereby depose and state under penalties d 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. Sigiatures 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 applicatim. If a corporation is the fee owner,notarized evidence must be included indicating the signatory has the legal authority to sign for the corporation. I (we),the undersigned, hereby request the Department of Planning Services to review this PUD Final Plat or request hearings before the Weld County Planning Commission and the Board of County Commissioners concerning the PUD Final Plat f r t e abov described unin r a area of Weld County, Cdorado: Sly N ( , 41/04:-/--- Signature: Owner or Authorized Agent Date Signature: Owner or Authorized Agent Date S/;//OS -10- . • ATTACHMENT to Final Plat Application for Coyote Ridge PUD LEGAL DESCRIPTION Lot B of Amended Recorded Exemption RE-3340; Part NW 'A of Section 20 and Part SW 'A of Section 17, Township 5 North, Range 67 West of the 6th P.M., Weld County, Colorado. COYOTE RIDGE PUD PEI No. 02-057 SPECIFIC DEVELOPMENT GUIDE Weld County Code—Article VI Section 27-6-30. Major Components of the Development Guide The development guide consists of eight (8) major components of the PUD development, as follows: A. Environmental impacts B. Service provision impacts C. Landscaping elements D. Site design E. Common open space usage F. Proposed signage G. MUD impacts H. Intergovernmental agreement impacts A. Component One—Environmental Impacts 1. Noise and Vibration: It is not anticipated that any excess noise or vibrations will be created by the project that would not be associated with a typical residential development. There are no businesses planned for this site that would create noise or vibration, causing an environmental impact. 2. Smoke, dust and odors: The project will not generate any unusual smoke or odors. During construction, dust control will be provided in accordance with local and state regulations. After construction, all roadways will be paved and open space areas will be planted to minimize the generation of dust. 3. Heat, light, and glare will be controlled by landscape and development design. 4. Visual/Aesthetic impacts: There will be no visual or aesthetic impacts not normally associated with a development of this type. All buildings will conform to the Weld County Building Code. 5. Electrical Interference: The existing power lines along CR 15 and CR 56 are above and below ground. There is no reason to expect that the project will create any electrical interference. Pickett Engineering,Inc. Specific Development Guide May 19,2005 Coyote Ridge PUD Page 1 of 5 n n 6. Water pollution: Water pollution will not occur. Wastewater treatment and sanitary sewer systems are discussed below. See the drainage report for additional information. 7. Wastewater disposal: Wastewater disposal is discussed in the sanitary sewer and storm drainage sections. 8. Wetland removal: The wetlands on the site will be preserved in their natural condition. The project has been designed around these areas and they will be used as open space for the development. 9. Erosion and sedimentation: Erosion and sedimentation during construction will be controlled in accordance with local, state, and federal regulations. After construction, erosion and sedimentation will be controlled with landscaping, detention ponds, and storm drainage structures. 10. Excavating, filling, and grading: The site will be designed to balance if possible. Material excavated will be placed in other areas and compacted to the required densities. Work will be done in accordance with applicable regulations regarding fugitive dust and erosion control. 11. Drilling, ditching and dredging: See excavating, filling, and grading. 12. Air pollution: No uses are planned that would require an Air Pollution Emission Notice (APEN). 13. Solid Waste: A local trash company will dispose of solid waste. The residents of this subdivision will have curbside service. 14. Wildlife removal: The majority of the property is currently being farmed. The ditch areas are to be left in their natural state, and existing wildlife will not be harmed. 15. Natural vegetation removal: All existing natural vegetation will remain. 16. Radiation/radioactive material: There is no radiation or radioactive material on this site. 17. Drinking water source: Potable water will be provided by the Little Thompson Water District. 18. Traffic impacts: Traffic impacts are not an issue for this subdivision. This is discussed in the Traffic Impact Analysis portion of the following section. Pickett Engineering, Inc. Specific Development Guide May 19,2005 Coyote Ridge PUD Page 2 of 5 B. Component Two—Service Provision Impacts 1. Schools: The project is located within the Weld County School District Re-5J School District. Please refer to the attached correspondence. 2. Law Enforcement: Law enforcement will be provided by the Weld County Sheriff's office. 3. Fire Protection: The Johnstown Fire Protection District will provide Fire Protection. This agency has been contacted and possesses the capacity to meet the needs of the development. 4. Ambulance: Weld County Ambulance serves the development. The Weld County Paramedic Services have sent a will-serve letter, attached. 5. Transportation: The development is located directly to the east of I-25. Access off I-25 will be from Highway 34 and then south approximately 1 mile on CR 15. There will also be an emergency access that will follow the existing irrigation ditch. This emergency access will be placed inside a 70' ROW planned for the ditch. This development will utilize the existing access road along the Farmers Irrigation Ditch. The maintenance of this road will be the responsibility of the Homeowners' Association. 6. Traffic Impact Analysis: A traffic study was determined to be unnecessary by Peter Schei, P.E., of the Weld County Public Works Department, based on the proposal of limited development and the anticipated low traffic-impact on surrounding roads. (Per a Weld County Planning memo to Kim Ogle dated 27- March-2003.) 7. Storm Drainage: A combination of underground systems and open drainageways will collect stormwater. Historical flow pathways will be maintained as much as possible. Stormwater will be released back into the ditch. Stormwater will flow over the natural terrain prior to returning to the ditch. Refer to the drainage report. 8. Utility Provisions: Qwest will provide telephone service; the Poudre Valley REA Inc. will provide electric service; and Xcel Energy (Public Service Company) will supply gas service to the proposed development. There is no cable TV service available in this area at this time. Please see attached letters. 9. Water Provisions: The Little Thompson Water District will supply domestic water to the Stillwater Acres development. An Agreement for Water Main Extensions is attached. Pickett Engineering,Inc. Specific Development Guide May 19,2005 Coyote Ridge PUD Page 3 of 5 n 10. Sewage disposal Provisions: Sewage will be provided by individual sewage disposal systems. 11. Structural Road Improvement Plan: The subdivision will contain a two-way, 24'- wide, paved road with a 60' right-of-way. There will be two, 12' driving lanes with a 4' gravel shoulder on each side. There will be a borrow ditch on both sides of the street. Access to the existing WCR 56, 60' ROW will be kept in mind for future development. The right-of-way radius at the end of the cul-de-sacs is 70'. This allows smooth and easy turning of large fire equipment. Refer to the attached pages from a geotech report, marked "#11." C. Component Three—Landscaping Elements: 1. The attached landscaping plan illustrates the conceptual location of trees, entry features, trails, and open space within the development. As shown on the plans, there is more than 20 acres of common, open space. This area will be seeded with native, xeriscape grasses, shrubs, wild flowers, and deciduous trees to simulate the riparian and prairie landscape of the stream basins in the surrounding area. Plant species to be used will be native or conducive to Front Range conditions. Plants that are discouraged by Weld County will not be used in the landscape of this development. There will be no irrigation of the area after the plants have become established. Each lot will also be landscaped with native-type grasses and shrubs creating a natural pasture. Every attempt will be made to restore the on-site vegetation. Drawing C-S1, attached, shows a landscaping plan of the property. D. Component Four—Site Design: 1. The land proposed for the Coyote Ridge Subdivision will be used for PUD-zoned Residential in a farming-community setting. Each house will have exquisite views of Colorado's majestic mountains. The Greeley-Loveland Irrigation Canal borders the north side of the property and the Farmers Irrigation Ditch bisects the site. The latter ditch will exist at the edge of all the lots, thus adding to the subdivision's secluded, country feel. An existing pond and drainageway flow through the site from the northern boundary to the southern boundary. 2. Coyote Ridge will contain nine residential estate lots. The following criteria will need to be followed when building on these lots: The smallest allowable main floor will be 2,000 sf; there will be an architectural/HOA committee that will enforce strict regulations regarding architectural design, fencing, accessory structures, parking, and aesthetic issues. The intent is to maintain the views for each home built in this development; this committee will have sole ability to accept or reject any design. The intent of this subdivision is one of grandeur— and the homes and the property they are located on should reflect that. Each lot will contain a single-family, ranch-style home. In addition to the generous sizing Pickett Engineering,Inc. Specific Development Guide May 19,2005 Coyote Ridge PUD Page 4 of 5 pm of all the lots, two of the lots will include a significant amount of land that the owner may farm or ranch. E. Component Five—Common Open Space: 1. A HOA will maintain open space. The HOA membership will be mandatory for each residence owner. The common open space, more than 20 acres, consists of four outlots. The total open space in this development will encompass more than 13% of the property. The outlots will be considered permanent open space in this development. These spaces will be unimproved, set aside, and dedicated for the use and enjoyment of the Stillwater Acres residents. A turn-around will be placed in Outlot C. This will also be utilized as the future bus stop and mail stop location. F. Component Six—Signage: 1. All Signage will meet the requirements of Chapters 23 and 26. G. Component Seven—MUD Impact: 1. This project does not fall within the MUD District. H. Component Eight—Intergovernmental Agreement Impacts: 1. There are no Intergovernmental Agreement Impacts on the proposed property. Further questions: Any questions or comments should be addressed to: Nolan Ulmer UIV Land, LLC 16529 Weld County Road 70 Greeley, Colorado 80631 970-396-8423 Pickett Engineering, Inc. Specific Development Guide May 19,2005 Coyote Ridge PUD Page 5 of 5 • P E PICKETT September 3, 2004 ENGINEERING, INC. Martin Foster, Superintendent Johnstown-Milliken Schools Weld County School District Re-5J 110 South Centennial Drive, Suite A Milliken, Colorado 80543 RE: Final Approval of Layout Plan Coyote Ridge Subdivision (formerly Stillwater Acres) PEI No. 02-0573 .0 Dear Dr. Foster: On behalf of our client, UIV Land LLC, we will soon be submitting plans to Weld County Planning for final approval of this subdivision. Weld County has asked that we get your review and approval of the enclosed layout plan for the area listed below: School bus pull-out area Thank you for your consideration of this matter. If you have no objections to the layout plan, please indicate your approval by "signing-off' in the area below, and return the signed original to us. If you have any questions, please call me. Sincerely, PICKETT ENGINEERING, INC. t(A3C? r-ritpas Chico Quintana Design Engineer CQ/pkg �� k Q - $ S has reviewed the layout plan for Coyote Ridge Name of Se ice Provider/Utility Company (formerly Still- ter Acres), an agrees that this layout meets our criteria. • 4. rGl31 e LI ?` © v ame an Title of Person Signing Date 808 8th Street -- Greeley, CO 80631 Phone (970) 356-6362 -- Fax (970) 356-6486 • �• n o2 -o r7/3 _D Memorandum To: Chico Quintana CC: Kim Ogle From: David Tuttle Date: 11/29/2004 Re: Coyote Ridge Subdivision I have reviewed the addresses for Coyote Ridge Subdivision that you have listed as those in the 27100 block of Coyote Ridge Drive. I do not find these addresses duplicated in Weld County and they are approved by the Sheriffs Office. 1 P E PICKETT September 3, 2004 ENGINEERING, INC. Kenneth Poncelow Weld County Sheriff's Office 1950 O Street Greeley, Colorado 80631 RE: Final Approval of Layout Plan Coyote Ridge Subdivision (formerly Stillwater Acres) PEI No. 02-057 Dear Mr. Poncelow: On behalf of our client, UIV Land LLC, we will soon be submitting plans to Weld County Planning for final approval of this subdivision. Weld County has asked that we get your review and approval of the enclosed layout plan for the areas listed below: ■ Proposed street name • Lot addresses Thank you for your consideration of this matter. If you have no objections to the layout plan, please indicate your approval by "signing-off' in the area below, and return the signed original to us. If you have any questions, please call me. Sincerely, PICKETT ENGINEE , INC. &bp (moo Chico Quintana • • Design Engineer 4 CQ/pkg has reviewed the layout plan for Coyote Ridge Name of Service Provider/Utility Company (formerly Stillwater Acres), and agrees that this layout meets our criteria. Name and Title of Person Signing Date 808 8th Street — Greeley, CO 80631 Phone (970) 356-6362 Fax (970) 356-6486 cit WELD COUNTY PARAMEDIC SERVICES PHONE (970) 353-5700 l WI FAX: (970) 304-6408 1121 M STREET C. GREELEY, COLORADO 80631 COLORADO May 9, 2005 to r „ r 2f1QG Chico Quintana 808 8th Street Greeley, CO 80631 RE: Will Serve Dear Mr. Quintana: This is a response to your letter dated May 6, 2005 requesting a"Will Serve" for the Coyote Ridge Subdivision. Weld County Paramedic Service is committed to serving all residents and visitors of Weld County. As long as Coyote Ridge Subdivision is located within Weld County, Weld County Paramedic Services will provide Emergency Medical Services to that area. SS k:(/iGs dry Rod Deroo Medical Operations Manager Weld County Paramedic Services PE May6, 2005 PICKETT ENGINEERING, INC. Rod Deroo, Operations Manager Weld County Ambulance Service 1121 M Street Greeley, Colorado 80631 RE: Final Approval of Layout Plan Coyote Ridge Subdivision PEI No. 02-057 Dear Mr. Deroo: On behalf of our client, UIV Land LLC, we will soon be submitting plans to Weld County Planning for final approval of this subdivision. Weld County has asked that we get your review and approval of the enclosed layout plan for the areas listed below: ■ Proposed street name • ■ Lot addresses ' Approval of Layout If you have no objections to the layout plan, please indicate your approval by "signing-off' in the area below, and return the signed original to us. In addition, we are requesting a "Will-Serve" . letter from you for this subdivision. I have included the plan cover sheet for your reference. Thank you for your consideration of this matter. If you have any questions, please call me. Sincerely, PICKETT ENGINEERING, INC. Gh ie& £ uwrtastcc, , Chico Quintana Design Engineer CQ/pkg has reviewed the layout plan for Coyote Ridge Name of Service Provider/Utility Company and agrees that this layout meets our criteria. Name and Title of Person Signing Date 808 8th Street — Greeley, CO 80631 Phone (970) 356-6362 -- Fax (970) 356-6486 I Preliminary Geotechnical Engineering Report Proposed 9-Lot PUD I Weld County Roads 15 and 56 Northern Colorado Geotech Project No. 127-02 IFooting Foundations Footings founded on the on-site soil may be preliminarily designed for maximum bearing pressures I of 1,000 to 2,000 psf. The design bearing pressure applies to dead loads plus design live load conditions. IExterior footings should be placed a minimum of 30 inches below finished grade for frost protection and to provide confinement for the bearing soils. Finished grade is the lowest adjacent grade for perimeter footings. Below Grade Construction Groundwater was encountered in the test borings at depths of approximately 7 to 12 feet below existing grade. Below grade construction is feasible provided the basement subgrade is placed a I minimum of 3 feet above the groundwater. Therefore, prior to the start of construction, site specific explorations should be performed to establish more accurate groundwater information. Additionally, groundwater levels may be locally influenced by-the use of "cut-off trenches" that move water around a specific area such as a basement. To reduce the potential for groundwater to enter the lower levels of proposed structures we recommend that individual dewatering systems should be installed around the lower level of the ? structures. The dewatering systems should, at a minimum, include a perimeter drainage pipe and an underslab gravel drainage layer sloped to a suitable outlet, such as a sump and pump system or a daylight outlet. - G Pavement Design and Construction ft . ��/AAA The required total thickness for the pavement,structure is dependent primarily upon the foundation v soil or subgrade and upon traffic conditions. Based on the soil conditions encountered at the site, the anticipated type and volume of traffic and using a group index of 7 as the criterion for pavement design, the following minimum pavement thicknesses are recommended: Recommended Pavement Thicknesses (Inches) Traffic Area Alternative Asphalt Aggregate Plant-Mixed Portland Concrete Base Bituminous Cement Surface Course Base Concrete Total Residential A 3 6 9 Streets B 2 3 5 5 Preliminary Geotechnical Engineering Report Proposed 9-Lot PUD Weld County Roads 15 and 56 Northern Colorado Geotech Project No. 127-02 Each alternative should be investigated with respect to current material availability and economic conditions. Aggregate base course (if used on the site) should consist of a blend of sand and gravel which meets strict specifications for quality and gradation. Use of materials meeting Colorado Department of Transportation (CDOT) Class 5 or 6 specifications is recommended for base course. Aggregate base course should be placed in lifts not exceeding six inches and should be compacted to a minimum of 95% Standard Proctor Density (ASTM D698). Asphalt concrete and/or plant-mixed bituminous base course should be composed of a mixture of aggregate, filler and additives, if required, and approved bituminous material. The bituminous base and/or asphalt concrete should conform to approved mix designs stating the Hveem properties, optimum asphalt content, job mix formula and recommended mixing and placing temperatures. Aggregate used in plant-mixed bituminous base course and/or asphalt concrete should meet particular gradations. Material meeting Colorado Department of Transportation Grading C or CX specification is recommended for asphalt concrete. Aggregate meeting Colorado Department of Transportation Grading G or C specifications is recommended for plant-mixed bituminous base course. Mix designs should be submitted prior to construction to verify their adequacy. Asphalt material should be placed in maximum 3-inch lifts and should be compacted to a minimum of 95% Hveem density (ASTM D1560) (ASTM D1561). Based upon the subsurface conditions determined from the geotechnical exploration, subgrade soils exposed during construction are anticipated to be relatively stable although some areas of unstable or "pumping" soils should be anticipated. The stability of the subgrade will be affected by precipitation, repetitive construction traffic or other factors. When unstable conditions develop, workability may be improved by scarifying and drying. Overexcavation of wet zones and replacement with granular materials may be necessary. Use of lime, fly ash, kiln dust, cement or geotextiles could also be considered as a stabilization technique. Laboratory evaluation is recommended to determine the effect of chemical stabilization on subgrade soils prior to construction. Lightweight excavation equipment may be required to reduce subgrade pumping. Septic System Construction Field test results indicate that standard septic systems are feasible for construction in the area of the proposed lots. Complete percolation tests should be performed when proposed residences and absorption beds have been sited. The systems should be designed in accordance with 6 I . ' Table 3.3. Extended Duration-Intensity-Frequency Tabulation, Greeley, Colorado. ' StonniFrequency Duravon 2-year , 5 year 10 :year 25-year 50-year az : 100 year r�/hr) .. (iri74ir) (tnihr) (tn/hrl nlhr) (inlhr) ``' • 5 min 3.62 5.19 6.12 7.31 _ 8.73 9.67 I 10 2.81 4.02 4.75 5.67 6.78 7.51 15 2.37 3.4 4.01 4.79 5.72 6.34 20 2 2.86 3.38 4.03 4.81 5.34 ' 25 1.77 2.54 3 3.58 4.28 4.74 30 1.64 2.35, 2.78 3.22 3.97 4.39 ' 40 1.34 1.92 2.27 2.7 3.23 3.59 50 1.16 1.66 - 1.96 2.34 2.& 3.1 I 60 (1 hr) 1.04 1.49 1.76 2.1 2.51 2.78 80 0.8 1.14 1.47 1.61 1.91 2.16 , 100 0.67 0.94 1.2 1.3 1.58 1.79 I120 (2 hr) 0.58 0.8 0.96 1.14 1.3 1.5 150 0.49 0.66 i 0.78 0.93 1.1 1.23 I180 (3 hr) 0.42 0.56 0.67 0.8 0.92 1.05 4 hr 0.33 0.44 0.53 0.62 0.72 0.81 ' 5 0.27 0.36 0.43 0.5 0.57 0.66 6 0.23 0.3 0.37 0.43 0.49 0.57 8 0.2 0.24 0.29 0.34 0.39 0.44 I10 0.15 0.2 0.24 0.29 0.32 0.36 12 0.13 0.17 0.2 0.25 0.28 0.31 I 14 0.11 0.15 0.18 0.23 0.24 0.27 • 16 0.1 0.13 0.16 0.2 0.22 0.24 18 0.09 0.12 0.14 0.18 0.19 • 0.21 I 20 . 0.08 0.11 0.13 0.17 0.18 0.19 22 0.07 0.1 0.12 0.16 0.16 0.17 I 24 0.07 0.09 I 0.11 0.14 0.15 0.16 I I ' B-14 OCTOBER 2003 ' REVISED OCTOBER 2004 1 ' COYOTE RIDGE 9-LOT PUD t FINAL ' DRAINAGE REPORT ' Prepared for: ' UIV LAND,LLC 16529 WCR 70 Greeley,Colorado 80631 ' (970) 690-8423 Prepared by: ' PICKETT ENGINEERING,INC. 808 8th Street Greeley, Colorado 80631 (970) 356-6362 1 Pickett Engineering, Inc. ' FINAL DRAINAGE REPORT Coyote Ridge 9-Lot PUD ' Weld County, Colorado 1. General Legal Description Coyote Ridge 9-lot PUD will be located in the Southwest Quarter of Section 17 and the Northwest Quarter of Section 20, Township 5 North, Range 67 West of the 6th Principal Meridian, Weld County, Colorado. 2. General Location with Respect to Public/Private Roads 4 The proposed subdivision is bordered on the north by the Greeley-Loveland Irrigation Canal, on the west by Weld County Road 15, and to the east and south by agricultural land. ' 3. Names and Descriptions of the Surrounding Developments (One-half Mile) ' There are none. 4. General Description of Proposed Subdivision Property a. Area The property is approximately 147 acres in size. Sixty acres will be used for ' residential lots, 20 acres for open space, 14 acres for road and irrigation ditch right-of- way, and 53 acres will be reserved for farming. There are nine lots averaging 6.6 acres in area; the largest lot is 13.2 acres and the smallest is 5.2 acres. b. Ground Cover ' Currently, a large portion of the ground is being used agriculturally. The remaining ground is covered in native grasses, trees, and other vegetation, and it is located within ' the vicinity of a natural drainage channel c. General Topography ' The property slopes from north to south. Along the northern property line, near the Greeley-Loveland Irrigation Canal, the site has a consistent elevation of approximately ' 4945. From the north property line, the ground slopes southward to the existing drainage channel. The elevation of the channel at the south property line is approximately 4863. Surface drainage is collected in this channel and continues south beyond the property. 1 ' Pickett Engineering, Inc. Coyote Ridge 9-lot PUD Final Drainage Report d. General Soil Conditions The following soil types, each having a well-drained soil characteristic, make up the majority of the property: colby loam, kim loam, nunn clay loam, and Weld loam. The NRCS soil classification for well-drained soils is B. The soil type located within the drainage channel is ascalon sandy loam, which is considered to have a high rate of runoff The NRCS soil classification for this soil is D. te. Irrigation Ditches or Laterals The Greeley-Loveland Irrigation Canal defines the north property line and the Farmers ' Irrigation Ditch traverses the property. The Farmers Ditch enters the site at the west property line and exits the site at the south property line. f. Drainageways An existing drainage channel begins near the mid-point of the north property line and travels south. This drainage channel was likely created by stormwater runoff and/or surface runoff and groundwater seepage from agricultural practices. ' 5. Description of the Drainage Basin and Sub-basins a. Major Drainageway Planning Studies N/A ' b. Major Drainage Characteristics Before the construction of the Greeley-Loveland Irrigation Canal, the Farmers ' Irrigation Ditch, and Weld County Road 15, the headwaters of the major drainage basins within this area began near the center of Section 17. ' 1. Existing Major Basins Two major drainage basins, B-1 and B-2, can be delineated beginning at the center ' of Section 17, which also includes this development. Basin B-1 includes the northwest tip of the development and continues southwest. Basin B-2 includes the majority of the site and continues south. These basins drain to the Big Thompson River, which then flows to the South Platte River. 2. Existing Sub-basins ' There are five Sub-basins associated with the site. The Sub-basins were delineated taking into account the construction of the two irrigation ditches and the County ' road, as they affect the drainage of this area. Sub-basins SB-1 and SB-2 are located ' 2 Pickett Engineering,Inc. ' Coyote Ridge 9-lot PUD Final Drainage Report north of and drain into the Greeley-Loveland Irrigation Canal. Sub-basin SB-1 drains west to WCR 15 where the road becomes a berm and directs the flow south to the canal. Sub-basins SB-3 and SB-4 are located north of the Farmers Ditch. Flow from Sub-basin SB-3 is collected north of the ditch and flows into the ditch wherever the north bank has been breached, or travels east to a pond near the 90- degree bend in the ditch. The pond currently has a discharge pipe into the ditch. The invert of the pipe appears to be above the bottom of the pond, creating a permanent pool. Sub-basin SB-4 flows along the north bank of the ditch and exits the property at the south boundary line. Sub-basin SB-5 includes the area of the property that is south of the Farmers Ditch and east of WCR 15. Drainage from this Sub-basin is collected in the existing drainage channel and continues south of the property. Please refer to the Existing Basin and Sub-basin maps located in the Appendix. ' c. Nearby Irrigation Ditches/Laterals that will be Affected The development will design the storm drainage conveyance facilities in such a way that the irrigation lateral will not be adversely affected. ' d. The Historic Drainage Flow Pattern of Property The historic drainage flow pattern for this property travels south to the existing drainage channel. Flows within the channel continue south and discharge into the Big ' Thompson River. t e. Off-Site Drainage Flow Patterns and Impact on Proposed Subdivision The two Sub-basins that could possibly pose an impact on the proposed subdivision are SB-1 and SB-2. According to the ditch rider with the Greeley-Loveland Irrigation ' Company, during large storm events and with the canal carrying normal irrigation flows, the canal has not overtopped the south bank and flowed onto this property in recent years. We are assuming that the flows from these two basins will be captured within the canal and will not impact this site. This development is anticipating the possibility of the historic 5-year flows from these basins flowing onto the site, and these flows are included in the design of the on-site drainage facilities. 6. Drainage Facility Design Concepts and Details for the Proposed Subdivision ' a. Compliance with Off-Site Runoff Considerations It is the intent of the development to prevent adverse effects to the surrounding ' properties and the Farmers Irrigation Ditch. We have determined that—with the proposed improvements to the site—the percent impervious will increase to 10. According to the Weld County Public Works Department, if a site has a percent ' impervious less than 10, on-site stormwater detention is not necessary. We agree that 3 ' Pickett Engineering, Inc. Coyote Ridge 9-lot PUD Final Drainage Report detention is not necessary for this development because the lots have an average area of 6.9 acres. For each lot, the proposed improvements include a house, a paved driveway from the road to the garage, and the options for an outbuilding, sidewalks, and a patio. ' These improvements will slightly increase the stormwater runoff from the site, but will not negatively impact the ditch or adjacent property owners. b. Anticipated and Proposed Drainage Patterns The proposed development is broken into four basins. Basins P-1 and P-2 are located south of the interior road, Basin P-3 is located east of the road, and Basin P-4 is located south of the Farmers Ditch. The cross-section of the interior road has been designed to $ allow stormwater falling between the road and the Greeley-Loveland Irrigation Ditch to either flow over the road or alongside the road in a ditch. Where the road is no longer parallel to the irrigation ditch, the road section is crowned and stormwater will ' flow alongside the road. Basin P-1 is located in the northwest corner of the site. Near the entrance, a ditch on the north side of the road will collect stormwater and carry the water west to a low ' point. The water will then flow over the road and continue south, as does the rest of the entire basin. The flow will continue south until it meets the Farmers Ditch; here, either a berm will direct the water east to Outlot A, or water will flow directly into the ' ditch. For this design, a berm is assumed and an inlet and culvert has been designed and located in the existing pond in Outlot A. The inlet and pipe will collect and ' convey the 100-year developed flow from this basin and the 5-year historic flows from Sub-basin SB-1 and SB-2 under the ditch, discharging the flow into the existing drainage channel. The top of the inlet elevation is equal to the surveyed permanent ' water surface elevation of the pond. The pond will provide some water quality prior to the water being released south under the irrigation ditch. Where the road crosses over Outlot A, a pipe will be installed at the bottom of the natural drainage channel to ' convey stormwater that falls north of the road, or seepage from the Greeley-Loveland Irrigation Ditch, south. ' The ground within Basins P-2 and P-3 slopes southwest, and during a storm event, runoff will travel in this direction to the Farmers Irrigation Ditch. The water will flow over the north bank and be collected in the ditch, following its original path. ' Stormwater that falls within Basin P-4 will flow into the existing drainage channel where it will be conveyed to the south boundary line. The piped flow from Basin P-1 will also be conveyed by the existing channel to the south boundary line. ' 4 Pickett Engineering,Inc. Coyote Ridge 9-lot PUD Final Drainage Report c. Contents of Tables, Charts, Figures, Plates, or Drawings in Report ' i. Appendix A Table 1: Weighted "C" Coefficient Calculations Table 2: Basin Characteristics ' Table 3: Time of Concentration Table 4: Storm Drainage Runoff Calculations Table 5: Area Inlet Rating Curve ' ii. Appendix B � w ' Technical information used in the support of the drainage facility design concept. iii. Appendix C Drainage Plan—Existing Basin Map Drainage Plan—Existing Sub-basin Map Drainage Plan—Proposed Basin Map d. Presentation of Proposed and Existing Hydrologic Conditions tPlease refer to the Appendix. ' e. Approach to Accommodate Drainage Facilities Roadside ditches, an inlet, and culverts will route the stormwater runoff from the site to ' either the Farmers Irrigation Ditch or the existing drainage channel. Routing stormwater over the ground covered with native grasses or through a pond with a permanent water surface will provide some water quality. The design of the proposed ' drainage facilities will not adversely affect adjacent sites and is consistent with the historic flow patterns of the site. ' f. Maintenance The drainage ditches, an inlet, and storm drainpipes will be maintained by the ' Homeowners' Association. 7. Conclusion ' When comparing the stormwater runoff during the 5-year and 100-year events, we believe the increase to be negligible. On average, the 5-year runoff increases by 2 cfs and the 100- year increases by 3 cfs. Based on this information and on the estimation for the developed percent impervious value being less than 10, we believe that the impact on the existing Farmers Ditch and adjoining properties will be minimal. Therefore, we believe that stormwater detention should not be a requirement for this development. ' 5 ' Pickett Engineering, Inc. Coyote Ridge 9-lot PUD Final Drainage Report ' 8. Technical Information I All technical information used in the support of the drainage facility design concept is referenced and is included in the Appendix. The Rational Method was used to obtain the values for the flows of each basin. I9. Map Showing General Drainage Patterns IEnclosed 10. Drainage Plan Map IEnclosed I11. Appendices a. Appendix A I i. Weighted"C" Coefficient Calculations page 8 ii. Basin Characteristics page 9 iii. Time of Concentration Calculations page 10 I iv. Storm Drainage Runoff Calculations page 11 v. Area Inlet Rating Curve page 12 Ib. Appendix B i. Duration/Intensity/Frequency Tabulation, Greeley, Colorado page 14 I ii. Conveyance Coefficient, Cv page 15 iii. Recommended Percentage Imperviousness Values page 16 iv. Runoff Coefficients, C' page 17 I v. Estimate of Average Overland Flow Velocity page 18 vi. Flood Insurance Rate Map (FIRM) coversheet page 19 vii. Design Culvert Under Farmers Ditch page 20 I viii. Design Culvert Under Coyote Ridge Road page 21 ix. Critical Depth—Circular Pipe page 22 x. Riprap Basins pages 23-28 ' c. Appendix C I i. Existing Sub-basin Map (11x17) 17) page 30 ii. Existing Basin Map (11 x17) page 31 iii. Proposed Basin Map (11 x17) page 32 I I APPENDIX A ' Coyote Ridge 9/21/2004 Weld County,CO PEI#02-057 I TABLE 1: WEIGHTED "C" COEFFICIENT CALCULATIONS HISTORICAL CONDITIONS I Percent Impervious 2 % NRCS %Impervious Runoff Coefficients Land Use Soil Group 2-Year 5-Year 10-Year 100-Year Field I B 2 0.03 0.09 0.17 0.36 PERCENT IMPERVIOUS FOR A SINGLE RESIDENTIAL LOT IThe percent impervious calculation is based on the smallest sized lot and half of the roadway frontage. 4 w I Lot Area 5.248 ac NRCS Runoff Coefficients Soil Group %Impervious 2-Year 5-Year 10-Year 100-Year Avg.House Size 3000 sf 0.069 ac B 90 0.71 0.73 0.75 0.81 I Roadway Frontage 6000 sf 0.138 ac B 100 0.89 0.90 0.92 0.96 Paved Driveway 6000 sf 0.138 ac B 100 0.89 0.90 0.92 0.96 Out Buildings 3000 sf 0.069 ac B 90 0.71 0.73 0.75 0.81 Sidewalks/Patio 2200 sf 0.051 ac B 90 0.71 0.73 0.75 0.81 Agricultural 208403 sf 4.784 ac B 2 0.03 0.09 0.17 0.36 Weighted%Imperviousness 10 NRCS %Impervious Runoff Coefficients Land Use I Soil Group 2-Year 5-Year 10-Year 100-Year 1 Residential B 10 0.10 0.16 0.23 041 P-1 PROPOSED CONDITIONS I Runoff Coefficients Impervious 2-Year 5-Year 10-Year 100-Year 4 Residential Lots 26.971 10 0.10 0.16 0.23 0.41 Non-Residential Lots 10.301 2 0.03 0.09 0.17 0.36 I Total 37.272 8 0.08 0.14 0.21 0.39 I P-2 PROPOSED CONDITIONS Runoff Coefficients %Impervious 2-Year 5-Year 10-Year 100-Year 3 Residential Lots 17.167 10 0.10 0.16 0.23 0.41 I Non-Residential Lots 23.411 2 0.03 0.09 0.17 0.36 Total 40.578 6 0.06 0.12 0.20 0.38 I P-3 PROPOSED CONDITIONS Runoff Coefficients %Impervious 2-Year 5-Year 10-Year 100-Year I 3 Residential Lots 24.056 10 0.10 0.16 0.23 0.41 Non-Residential Lots 55.365 2 0.03 0.09 0.17 0.36 Total 79.421 ' 5 0.05 0.11 0.19 0.37 ' Calculations V04.XLS Pickett Engineering, Inc. 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I 6 0 0 0 0 0 6 0 0 0 I- H Z W ^ 0000000) OWN O z y e Oa O O O - N N N N N I O F: 0 0 0 0 0 0 6 Loo o Lt o m 000000 oo O Z J carom m m m m N m m ' W N c ar. to X F p o O v c > O — c p N .- N m ar N O NCO in o nn h U � md� m mroU � o o a I a W m coon m cow 0 w w v a d a O J to >.1< CO in a U oa Q 2 iti 03 A-10 I ' N c1i '5". •—•,„ (D ONcn (N V O (OO) c') N % d 0 U O� r 6 co N N c0 CO N OO) CD W v I a 5.y r co co (DrNrn (o .d. r ad 0 � o (‘i 66 orui Toro Fa V N F a O > N r O o C) co co r O r N N 0 v (o mr r. oi (.ir uio ' d ≥.7/7 (o )n c m m n N.-. v (D (D N r V' r N O O N r V' t N L O N. N (O C) O N V' m N C) CO O r O O O CO O r N N N r C) N r C) ' ,- r co N V' c0 O*V' N O CD N a y L N O cO N CO O O) V O O) 0 C .O+ O V' C) u) n LOCO C) cD C) ' CN L O0J NNOO co rOO N L rO (0n Or V' MN .4- ' - rOOJNnOr n r O E o 06 0 0 o r 0 o r V C CO C N U' G Or N V' co th rC) ,_ N N H E. rnr r rm (n r )D CD C co U) y OO cOOO c000 (O O) Nn C Or c') c') MC) C) C) CO C) C) M W ' Z 'N U 0 0 0 0 0 0 0 0 0 0 O • O r r n r n r n N N T Y Q ` U 0 0 0 0 0 06 0 0 6 V J I a ' 6 co 0 0 0 r r 0 0 0 r O O O o O o O U � v 0000000 000 J t•47 Q N C) M MC) C) C) C) O (DO U m U 0 0 0 0 0 0 0 0 0 0 ' 0 0 0 0 0 0 0 0 0 0 LL .rcLL r O m O N N r NCO w- O W N ON) N v N O o r--- c) V z < .m.. r Q N r M 6 N (O Q 6 DIX N U (0 l0 LU 4) 4) 00000 0 0 0 Q J 7 O J J J D O U I N N N N N co N N CO N N CO CO N NO 0 Z a aaaaaaa ccn: cc QF rr 'c CC 'c -c 0 0 0 N 0 0 0 0 0 0 0 J J J LL L =t n r .C n 0 0 0 Q CI) 0) CO CO CO U) CO o) rn O) I N J J J N QC en C CO I— O O J I N D X O Z C O U O r N r N re'. Q LL) O r N M J N U mmOmmU (n rn- a ¢ o,mDicocornNco -Ddaa c a W m 5 w o ' a o J O m U CO •w o u O -o Q a To" U U H ' A-11 I Coyote Ridge 9/21/2004 IWeld County, CO PEI#02-057 TABLE 5 : AREA INLET RATING CURVE ITop of Box= 4921.00 Spillway= 4923.00 IDesign Q= 55 cfs (5-year Historic for Basin SB-1, SB-2& 100-year Developed for Basin P-1) Box:Open length, L= 6.0 ft. 6'x 6' Grate: I Open width, W= 6.0 ft. Area provided with 2"bars 4"o.c. 18.0 ft^2 Clogging, c= 50 % Clogging, c= 50 % Weir equation: Orifice equation: I Qw= C Lc H^1.5 Qo= C Ac(2gH)^0.5 C = 3.0 C= 0.6 Lc= 9.0 ft Ac= 9.0 ft^2 h h I Elevation Head Qw Qo (ft) (ft) (cfs) (cfs) 4921.00 0.00 490. 0.00 4921.10 0.10 , �0 85" ', 13.70 k 4921.20 0.20 241 'x 19.38 4921.30 0.30 t'41741,3; 23.74 5' i 27.41 I ,4921.40 0.40 6$3k 4921.50 0.50 p9' 5 � 30.64 4921.60 0 60 ,'g�2'55yg 33.57 4921.70 0.70 4�10 36.26 I 4921.80 0.80 3 38.76 4921.90 0.90 341, ' 41.11 4922.00 1 00 plea 43.33 4922.10 1.10 a55 45.45 I 4922.20 1.20 , '3549 r 47.47 4922.30 1.30 ' 40 02 : 49.41 4922.40 1.40 ' 4473 51.27 ' 4922.50 1.50 «49,60-r' 53.07 4922.60 1 60 ::-7,-,4:::0: 54 81 4922.70 1.70 0.00 ;*F 56 50 r: Depth of pond during 100-year 4922.80 1.80 0.00 b814"` I 4922.90 1.90 0.00 , 59 73�: 4923.00 2.00 0.00 6� 28. ' Top of Box I I I I ' Calculations VO4.XLS Pickett Engineering, Inc. A-12 1 1 1 1 1 1 1 ' APPENDIX B 1 1 1 1 1 1 1 1 1 1 1 1 I . Table 3.3. Extended Duration-Intensity-Frequency Tabulation, Greeley, Colorado. I Storm Frequency ; Duration 2-ye / , 5 year 10 year 25 year 50 year 100 year:::. I rn/h� (fin hr) (inlhr) (m/hrl (inlhr} (mlhr) 5 min 3.62 5.19 6.12 7.31 8.73 9.67 I 10 2.81 4.02 4.75 5.67 6.78 7.51 15 2.37 3.4 4.01 4.79 5.72 6.34 20 2 2.86 3.38 4.03 4.81 5.34 I25 1.77 2.54 I 3 3.58 4.28 4.74 30 1.64 2.35, 2.78 3.22 3.97 4.39 ' 40 1.34 1.92 2.27 2.7 3.23 3.59 50 1.16 1.66 1.96 2.34 2.& 3.1 I 60 (1 hr) 1.04 1.49 1.76 2.1 2.51 2.78 80 0.8 1.14 1.47 1.61 1.91 2.16 100 0.67 0.94 I 1.2 1.3 1.58 1.79 I120 (2 hr) 0.58 0.8 0.96 1.14 I 1.3 1.5 150 0.49 0.66 I 0.78 0.93 1.1 1.23 I 180 (3 hr) 0.42 0.56 I 0.67 0.8 0.92 1.05 4 hr 0.33 0.44 0.53 0.62 0.72 0.81 5 0.27 0.36 0.43 0.5 0.57 0.66 I6 0.23 0.3 0.37 . 0.43 0.49 0.57 8 0.2 0.24 0.29 0.34 0.39 0.44 I10 0.15 0.2 0.24 0.29 0.32 0.36 12 0.13 0.17 0.2 0.25 0.28 0.31 I 14 0.11 0.15 0.18 0.23 0.24 0.27 16 0.1 0.13 0.16 0.2 0.22 0.24 18 0.09 0.12 0.14 0.18 0.19 • 0.21 I20 . 0.08 - 0.11 0.13 0.17 0.18 0.19 22 0.07 0.1 0.12 0.16 0.16 0.17 I24 0.07 0.09 0.11 0.14 0.15 0.16 I I I B-14 DRAINAGE CRITERIA MANUAL(V. 1) RUNOFF L=length of overland flow(500 ft maximum for non-urban land uses, 300 ft maximum for urban land uses) S=average basin slope(ft/ft) ' Equation RO-3 is adequate for distances up to 500 feet. Note that, in some urban watersheds, the overland flow time may be very small because flows quickly channelize. 2.4.2 Overland Travel Time. For catchments with overland and channelized flow,the time of concentration needs to be considered in combination with the overland travel time,t„which is calculated using the hydraulip properties of the swale, ditch, or channel. For preliminary work, the overland travel time,t,, can be estimated with the help of Figure RO-1 or the following equation (Guo 1999): V_Cv,8„," (RO-4) in which: V=velocity(ft/sec) C,=conveyance coefficient(from Table RO-2) ' S„.=watercourse slope(ft/ft) ' TABLE RO-2 Conveyance Coefficient, Cr, ' Type of Land Surface Conveyance Coefficient, C, Heavy meadow 2.5 Tillage/field 5 ' Short pasture and lawns 7 Nearly bare ground 10 Grassed waterway 15 Paved areas and shallow paved swales 20 The time of concentration, re, is then the sum of the initial flow time,t„ and the travel time, t„ as per ' Equation RO-2. 2.4.3 First Design Point Time of Concentration in Urban Catchments. Using this procedure,the time t of concentration at the first design point(i.e., initial flow time,t;)in an urbanized catchment should not exceed the time of concentration calculated using Equation RO-5. ' r` 180 +10 (RO-5) ' U6/2001 rban UrbanDrainage and Flood Control District B-15 I I DRAINAGE CRITERIA MANUAL(V. 1) RUNOFF ' TABLE RO-3 Recommended Percentage Imperviousness Values Land Use or Percentage Surface Characteristics Imperviousness Business: I Commercial areas 95 Neighborhood areas 85 Residential: I Single-family * Multi-unit(detached) 60 Multi-unit(attached) 75 F Half-acre lot or larger r r I Apartments 80 Industrial: Light areas 80 I Heavy areas 90 Parks, cemeteries 5 Playgrounds 10 Schools 50 I Railroad yard areas 15 Undeveloped Areas: Historic flow analysis 2 I Greenbelts,agricultural 2 Off-site flow analysis 45 (when land use not defined) Streets: I Paved 100 Gravel (packed) 40 Drive and walks 90 I Roofs 90 Lawns,sandy soil 0 Lawns,clayey soil 0 *See Figures RO-3 through RO-5 for percentage imperviousness. Based in part on the data collected by the District since 1969, an empirical relationship between C and Ithe percentage imperviousness for various storm return periods was developed. Thus,values for C can be determined using the following equations(Urbonas, Guo and Tucker 1990). ICA =KA + (1.31i' —1.44i2 +1.135i—0.12)for CA≥0,otherwise CA=0 (RO-6) ICcD =Ka + (0.858i' -0.78612 +0.774i+0.04) (RO-7) CA =(CA +CcD)/2 I in which: Ii= % imperviousness/100 expressed as a decimal(see Table RO-3) I 06/2001 B 16 Urban Drainage and Flood Control District I DRAINAGE CRITERIA MANUAL(V. 1) RUNOFF I TABLE RO-5 Runoff Coefficients, C ' Percentage Imperviousness Type C and D NRCS Hydrologic Soil Groups 2-yr 5-yr 10-yr 25-yr 50-yr 100-yr I 0% 0.04 0.15 0.25 0.37 0.44 0.50 5% 0.08 0.18 0.28 0.39 0.46 0.52 10% 0.11 0.21 0.30 0.41 0.47 0.53 15% 0.14 0.24 0.32 0.43 0.49 0.54 I 20% 0.17 0.26 0.34 0.44 0.50 0.55 25% 0.20 0.28 0.36 0.46 0.51 0.56 30% * 0.22 0.30 0.38 0.47 0.52 0.57 I 35% 0.25 0.33 0.40 0.48 0.53 0.57 40% 0.28 0.35 0.42 0.50 0.54 0.58 45% 0.31 0.37 0.44 0.51 0.55 0.59 I 50% 0.34 0.40 0.46 0.53 0.57 0.60 55% 0.37 0.43 0.48 0.55 0.58 0.62 60% 0.41 0.46 0.51 0.57 0.60 0.63 65% 0.45 0.49 0.54 0.59 0.62 0.65 ' 70% 0.49 0.53 0.57 0.62 0.65 0.68 75% 0.54 0.58 0.62 0.66 0.68 0.71 80% 0.60 0.63 0.66 0.70 0.72 0.74 I 85% 0.66 0.68 0.71 0.75 0.77 0.79 90% 0.73 0.75 0.77 0.80 0.82 0.83 95% 0.80 0.82 0.84 0.87 0.88 . 0.89 100% 0.89 0.90 0.92 0.94 0.95 0.96 I Type B NRCS Hydrologic Soils Group 0% 0.02 0.08 0.15 0.25 0.30 0.35 5% 0.04 0.10 0.19 0.28 0.33 0.38 I 10% 0.06 0.14 0.22 0.31 0.36 0.40 15% 0.08 0.17 0.25 0.33 0.38 0.42 20% 0.12 0.20 0.27 0.35 0.40 0.44 I 25% 0.15 0.22 0.30 0.37 0.41 0.46 30% 0.18 0.25 0.32 0.39 0.43 0.47 35% 0.20 0.27 0.34 0.41 0.44 0.48 40% 0.23 0.30 0.36 0.42 0.46 0.50 I 45% 0.26 0.32 0.38 0.44 0.48 0.51 50% 0.29 0.35 0.40 0.46 0.49 0.52 55% 0.33 0.38 0.43 0.48 0.51 0.54 I 60% 0.37 0.41 0.46 0.51 0.54 0.56 65% 0.41 0.45 0.49 0.54 0.57 0.59 70% 0.45 0.49 0.53 0.58 0.60 0.62 75% 0.51 0.54 0.58 0.62 0.64 0.66 I 80% 0.57 0.59 0.63 0.66 0.68 0.70 85% 0.63 0.66 0.69 0.72 0.73 0.75 90% 0.71 0.73 0.75 0.78 0.80 0.81 I 95% 0.79 0.81 0.83 0.85 0.87 0.88 100% 0.89 0.90 0.92 0.94 0.95 0.96 I 06/2001 Urban Drainage and Flood Control District B-17 I DRAINAGE CRITERIA MANUAL (V. 1) RUNOFF I I 50 I 30 1_ 0°3 /1/ eII WQ ) `ila . y' dt0 4it 4, �� z a IV ep 1 (!W ` e 417 =f 1 Ill 114 r0v ,4W 1 .� I . b . * V en 13 : e W`v oe new let I 0 It is4. O t 3r o� 14 r a- 2 I ` •, 49 o IIII �r W W� ! W.4 I I CC Da AL • t o 3 le I 1 I .5 i .1 .2 .3 .5 I 1 2 3 5 10 20 VELOCITY IN FEET PER SECOND IFIGURE RO-1 ' Estimate of Average Overland Flow Velocity for Use With the Rational Formula I I I 06/2001 I Urban Drainage and Flood Control District B-18 I I v � 7� a. 6. t @ E w s o k] E m un y-m g o a c m c a Q - W CW Zo w.�' b Era$ E 1 u. 2$ � � CI i Wm „-ee.: E 'c oL'S-m jiJ zevdw, g$ E c0 ea na dom.f. EE hvguI w o s w v nsAL J � = 14 _ 1q5;�_ E °8er. m = zW t€EELL1 a � � 1414 $�� °a' ® SOc2- I gbrax I Eng! grassna gI O Y ® Vpgc$ 1 0 .73E a " ppEr ^ve 1 a II i / j '// .. 1 I n .. 1 ° N \ z/i si_avc • RP' \--W I A\\\\ \ - „tt, O .• 1 1 0 i (i eso 1teM I I \ \ 2co j LQ \ � \ I ® - } cc / a �I , I ` 7cn + w IIn / \ IC k / \ 1 " / « \ \ \ m 2 ® { Z. I / Ith 2 \ In / / \ ,I II ' w « ' or ` I � 3 } } ..,z Nil I S al \ k I § \ & ) 112 2 I CO \ \ ct a) � ) CD \ � _ \ = 2 ) I °I � j CD k ) D. _ — O & c- e : � ° � ud@ '5 } 15 dm � § I � 2 = « @gMgajay � >- C -o en iii iii > .:z \ \ » » W / < flcc 1 > f : oa)—(/) z - , o = , = , � - = oe $ 2E / / ® ® = ■ © - 2 - - : � { % : e ] = E : : : 3 ] { \ \ f .- O \ ) � � & Aj \ � j \ I9 / a ^ u 2 - O - - � O0 02 � I R ) d CO \ } k 6 � T \ \ ■ § 3 / E ® ^ - � I f = ) * GZ ti- / \ k CO I CO E 2 . is CV B J I ~ I B-20 I W co O 1 a % iz Q4 1 w , %bt I 0 I 10 i `n cy NI I ) , ;. + \,..- ; ol v J vI 42 I L W 2 n a G t J 1 m \C..4 vii a„ C 4 4 1 l 0" g � � Z I W i 3 IC m N N-OIE N dw nN oN N(6n —O a) t N > 1 ego- or c N C 2 T2 N a) U W N C O N N CO U : N z co ; G U O w d U C t •-• LL = a E o O o a N N N r2 O P.: A f0 C cr P N 1 re O 7 N 00 M r O O r d N h to LL O Q N N N C r OI in N .in in in W Iii, ct Q o O v a T N w C ' 'O _ Q C N J ❑ o rn ow N c r , o = m - > m 1 O '"' j E a0i _a c c c _ o_ j N t m t 0 o U L G a N J d N N 0 (0 8 N C N a C J 0 R ? 0 a m c c F 0 ❑ o ❑ T 'u 1 Z R a s ❑ m m .3 ? U CO d U d d F O a g m ; o n n m Q' d a a = UZ ti. I CD y N M coUI 1 1 B-21 IO CHART 4 3 ■�■_��- 2_ _■ ��III,.■■■■ I j/ . do CANNOT EXCEED TOP OF PIPE 1.7� 47 IA. 00 10 d 2030 40 DSO 60 70 80■•■■■■0 100 DISCHARGE-0-CFS 1s 6 8 •, S :". .......... .........e."---). 7F4 — I'' WWft 4 . 6Wo g, / 7. LL u S ' F 8' O W 3 dc CANNOT EXCEED TOP OF PIPE S X ti: 0 7' a .J 6 - o 41 V 2 RIA. •X Q ' H. 0 100 200 300 400 500 600 700 800 900 1000 u E DISCHARGE-0-CRSit 0 u 14 12 1 - 10 II I6 e de CANNOT EXCEED 70P OF PIPE I ZD:IA 40 1000 2000 3000 4000 DISCHARGE-0-CFS IBUREAU OF PUBLIC ROADS JAN. 1964 CRITICAL DEPTH I CIRCULAR PIPE Td IL_ UTAT,cc Fug 3(e GMT' !i 'd_, - -5-____2114. 2.7184 I CI 2.04 IA/ _ ' B-22 fA,Lwart2 (-4' 2,/� 7�'-' �,� 1 Z I PE Client Job# 02-O$7/ i4 0 ' Project !�n�t�TF FI F Calculations for RtPeM &As PICKETT C K E T T Made by M 0 14' Date 1/17/0} Checked by Date Sheet 1 of {p tENGINEERING, INC. ' I-0W TAlLw,-iF-rL. R1PW4P 3gst/ ; purr€T of 7'1" .>rP I 7E5N6ro, f-upr IS ohs I I`,Aawf-rE2:D6Prd C C it 'ROE. a„4,t,Thht _ 2 ft 5koc'E - 5.50 To .. f ' IMnwN a(. 5 ..v : 0,0V I. cue-at i, L. D/3 pt oto7 2- Full PIPE (,),c...... = 23A I3.. 4/, u t5/�3 > O.LDS el/Q, = o.ta4 LI, 0/01,5 15/Z2.s : 2Ia5 'VD ., o ' 5. U e 4a= o r.i 'VD) " ' 1.32 if Wa 4r c d o o.mt� (Z) " ' LA(At,,. • Afe„ '' (uloe )( h. zo') - g.a7 ` A V= 01,4 >f E, ul {;Z : 1,73 Pps ... U wStmb J° 1.13 RPs ( 'F�) � 1J3,-,4 �l= 5z7i"ps ! ^ � . � +c .s.� 1,_ Pa t.' ( 113if32•Z • I32)1tze (,15 Pa: (svil . 322 • 1.17) • e. bt IAt t joc;t._ R.!?"re .... _ . _. &,, . rraLCLNss i. - 05 ( 9.0`)= 1D' ), °72) ( (1, �t Nh"1i...' �•' ` ( 2Ih (Q pa- �2) - 5.72 t- 1-k 41Z) ' l1 --5,, j 0515 _ 7`f L PIP Pk' (17,5u" E ) ' DIWtFN4IJn ' ' 6 I wipe. Y g ' LAND B-23 I e PE Client /� !ZIP 12 bZ/•�tl$7//� Q ' Project PO4 Date 41(��j{ I Calculations for IZIP(1 IJ/SSiN5 P I C K E T T Made by I/•O 4 Date /17 l b 3 Checked by Date Sheet 2 of (Q ENGINEERING, INC. ' Low 7-4 it. AEC giPaAP BAtt4. 0Urt.ET co bit ?'irc UNC6f Tilt; t'AN'✓ ZS Dm.* 1 V 'GIN FL.uvd = 55 c-P5 ' 74tt.viArrcl >f nr+4 = o ?,LE t};AMr . CC = 3,0 e{ rjcoPE z 2.0% 5 f V✓4minmt6 4 : v. -j2il I. CA5cx 'fit 4 13/4 O C I ' 2 duce (Rots Q}uu. r S5cJ-'5._.. t3, _G �J - I 4 °0.92 4: QJD2.5,'- 55/z:6 ' 3.5 °/p = °'66' , ...Uhc %mc.t,. .atin d ;°l%c)• v = O.t¢5(3)' 1,95 il (i. A/A4.,,♦ A}L,.., (0.48)(Tr, 3,0z) ` 10,22 = A V= i i#, 55/IR,22 ` 2.dla -fhs 7, CRLGasJ,-c ?d 1 & UstNh Pie/91;2s ( ev) 'J U>wE. U= 8,z1 re, +::, ,waT)ok.j _ . Id ` (2.&u2+ 3Z Zi 1,R5) 2 ‘• 8,9Z 'd = (9.21z+ ?2.2' 3 2 ' i2.n1 l € i'IPE L IZ,v2H-P.. rtf- ,LNhS5 ::1.7b * 9.0 s /ta ' 9, 14-0.,,-r- L L- (31'Z)• (S %) tt 7.aft E- L' )(3) = I ' C w''',* - 61)(3) :12 Pr Use_ : Nogg L• gtPIMP (D5/1,4) Trrkc,LU,ess > Its" B-24 0,44e-4,:i)(45 = IZ! Utl9€ IZ X , Lan/t. I - Design of Low Tailwater Riprap Basins 50u-T 3 of c1 for Storm Sewer Pipe Outlets by I Michael A. Stevens,Consultant Ben Urbonas,Urban Drainage&Flood Control District I Introduction Finding Flow Depth and Velocity at 1.49 Z3 Lz Storm Sewer Pipe Outlets full 4 full '(R h a So The first step �t The Major Drainage chapter of in the design of a Volume 2 of the Urban Storm Drainage scour protection basin at the outlet of a I Criteria Manual. (USDCM)of the storm sewer is to find the depth and in which: Ojai=Pipe full discharge at Urban Drainage and Flood Control velocity of flow at the outlet. Pipe-full its slope, in cubic feet per second; flow can be found using Manning's n=Manning's n for the pipe full depth; I District provides guidance for the A n=Cross-sectional area of the pipe, design of scour protection downstreamof equation and the the pipe-full velocity can h be found using Continuity equation. in square feet; So=Longitudinal slope culvert outlets. This guidance wasof the pipe. in feet per foot: intended for culvert crossings of major Namely, R=Hydraulic Radius of the pipe I drainageway channels and assumed that flowing full, in feet with the culvert is in line with the channel. It also assumed there was significant 1 tailwater that partially inundated the culvert's outlet. This guidance does not t_ work for storm sewer pipes discharging -- 1 into open drainageways when the flow 1 depth in the drainageway provides a low tailwater at the pipe's outlet. Thus, when tailwater is low, scour protection I I at the outlet of a storm sewer has to be designed differently than for culverts j crossing major drainageways. For 1- r ,see note 1 storm sewer outlets, low tailwater is w or D - — — — —'— — — w defined when: D H I Y, or Yr 3 in which: v,=depth of tailwater at the 1 time the pipe is discharging its design I Plan flow, in feet; D=the diameter of a 9" layer of circular pipe, in feet; H=the height of granular type 1 a rectangular pipe, in feet. _ see note — — 2 bedding HorD � _y d — sW—s` — YI Stevens(1969)reported on a — y ,12 0.5D or 0.5H I series of studies describing the scour 3 r geometry in riprap located at pipe I T Z_ outlets. Quantifiable relationships were found between flow depth and velocity /Perforated underdraln I at the outlet. the scour hole geometry, Profile to daylight (optional) and the rock size. Figure 1 describes the geometry of a pre-shaped scour hole I downstream of a pipe fitted with a flared end section. Refer to this figure Note: For rectangular conduits use a standard design for a headwall with wingwalls, paved bottom between the wingwolls, with an end when reading the rest of this article. cutoff wall extending to a minimum depth equal to B IFigure 1 : Low tailwater basin at pipe outlets I B-25 11 ' Rfu/l = D/4 for circular pipes, Finding the Appropriate Riprap Size at Use Figure 4 to find the size and SREr `-1 Di: to ' RF.n = Afun/(2H+2w) for type of the riprap to use in the scour T= 1.75 D-o rectangular pipes. where w=width of a protection basin downstream of the pipe rectangular conduit all in feet. Then, outlet [i.e., HG(grouted H). H. M or L]. in which: D50= the median size of the ' Vft First calculate the riprap sizing design riprap(see Table 1). parameter. Pd, namely, = QftiiIAftir L/ Table 1. Median (Dso)Rock Size of ' in which: G/11= Flow velocity of the Pd =(V Z +g d) z Urban Drainage District Riprap. pipe flowing full, in feet per second. Riprap Type Median Size(Inches) IThe normal depth of flow,d• and in which: g=acceleration due to L 9 the velocity at that depth in a conduit gravity, 32.2 feet per second per second M 12 can be found with the aid of Figure 2. When the riprap sizing design H&HG 18 ' Using the known design discharge,O, Parameter indicates conditions that and the calculated pipe-full discharge, place the design above the Type H riprap line in Figure 4,use HG, or Finding the Basin Length Oh ,,enter Figure 2 with the value of lar er, grouted rock. An alternative to r ' O/O/„11 and find d/D for a circular pipe gThe minimum length of the basin.4 grouted or loose riprap basin is to use L in Figure 1, is defined as being the or d/H for a rectangular pipe. gur Compare the value of this d/D(or the standard Bureau of Reclamation neater of the following lengths: d&H) with that obtained from Figure 3 Basin VI, a reinforced concrete impact Iusing the Froude parameter. namely, structure, to dissipate the energy in the For circular pipe, flow at the outlet of the pipe. After the riprap size has been 2 5 1.5 t;- V I O�D or O/(w•H ) selected,the minimum thickness of the L = 4 D or L=(D)i 2 -- riprap layer, Tin feet in the basin is set 2 Choose the smaller of the two d/D(or dd/.10 ratios to calculate the flow depth at 1 .2 ' the end of the pipe, namely, d D • V A) 1 .0 - : : 0.9 , d = H• 1(a ) I H 0.8 • ;A/A,u„ F Q -,ICircular r"--NN �• Again enter Figure 2 using the - 0.7 . y- / Ismaller d/D(or d/11) ratio to find the Q 0, / : , , : : -4/AM1 ratio. Use this to calculate the area of flow at the end of the pipe, _ f `A': namely, 0.5 . : : : : : : : ' ,- --' I --- 1 Q/Q full - ' / Ca [Rectangular I_ 0.4 NA / :-`i .- - A = A Afull 0.3 gular / . Rectangular in which : A=Area of the design flow , • �1,f Q/Q ' 0.1 - ' 'in the end of the pipe, in square feet. •.r re-,;� i Circular L Finally, 0.0 ' ' . ' V Q/ 0.0 0.1 0.2 0.3 0.4 0.5 0.6 0.7 0.8 0.9 1.0 A d/D or d/H Iin which: V=Design flow velocity at the pipe outlet, in feet per second. Figure 2: Discharge and Flow Area Relationships for Circular and Rectangular Pipes(Ratios for flow based on Manning's n varying with depth) I12 B-26 Ijl•IGrr 5 DC Step 3. Using the O/Ofa=0.88 ratio, =(12.12+32.2 • 2.28)1'2 = 14.8; For rectangular pipe. Figure 2 gives d/D=0.82 for a circular I pipe. Use Type L Riprap I, V L = 4 H or L= L II) 2 . 2- Step 4. Calculate: O'D'5=2.81. Use Step 8. Calculate the minimum ' this in Figure 3 to find d/D=0.57. thickness of the riprap layer for D.50=9 inches: Finding the Basin Width Step 5. Since the smaller of the two IThe minimum width. fP of the d/D ratios is 0.57, use it to calculate Ts= 1.75 • 9.0= 15.75 inches basin downstream of the pipe's flared depth,d,at the outlet and then in end section is set at: Figure 2 to find the ratio for A/Af,1,= Use T= 16 inches. 0.59. ' For circular pipes: Step 9. Find the length of the basin, W = 4 D d =(cUD) -D = 0.57. 4.0 = 2.28 feet namely the greater of the following two lengths: I Step 6. Using the.4/Af,tl=0.59 ratio, For rectangular pipe: calculate flow area and velocity at the L=(D112) - (V/2)=41/2• (12.1 /2) = i end of the pipe: 12.1 feet i I W= w+4H w+4H A = (A/Am)'Am =(0.59) -(n • 2.02) L=(d/D) -D =4 .4= 16 feet Other Design Requirements =7.41 square feet (Greater of the two: use this value.) I • All slopes in the preshaped riprapped basin are 2H to 1V. V = (O/A)=(90)/(7.41)= 12.1 feet Step 10. Find the width of the riprap • Provide pipe joint fasteners and a per second basin: structural concrete cutoff wall at I the end of the flared end section for Step 7. Calculate the riprap sizing W=4 D=4 4=16 feet a circular pipe.or a headwall with design parameter,Pd P . and use it in wing walls and a paved bottom Figure 4 to find the appropriate riprap I between the walls,both with a size: cutoff wall that extends down to a I/ depth of Pd =(V2 +g.d)" D H B=—+ T or B = —+ T 1 .0 2 2 ! / 'I • The riprap must be extended up 0.9 _ I I i I i'' 1 / the outlet embattlement's slope to d / the mid-pipe level. 0.8 - / I Examples 0.7 - , j / i Example 1 -Circular pipe on a = I i I I relatively flat slope. 0.6 .-- i L I II IGiven: O 0.5 Design flow,O= 90 cfs: O / �. Tailwater depth,y,= 1.0 feet a 0.4 / / i IPipe Diameter D=4.0 feet; 0.3 --/- Slope S=0.005 ft/ft / ' Manning's n=0.013 0.2 - I Step I. Determine if method is 0.1 r' ! I applicable: y, < D/3; namely, low I tailwater. 0.0 -. • ' 0.0 2.0 4.0 6.0 8.0 Step 2. Calculate the capacity of the pipe flowing full: Qftn = 102 cfs is Q/D 2.5 or Q/w H1.5 I found using the Manning's Equation. Figure 3: Brink Depth for Horizontal Pipe Outlets I B-27 13 I 5tt*:FT lD oir. v Example 2-Rectanzular pipe on a Adams County Engineering I fairly steep slope. Step 9. Find the length of the basin. Department for their review and namely the greater of the following two suggestions: to Bryan for the Given: lengths: preparation of the design examples: and Design flow Q=300 cfs: to Ken McKenzie and Vince Vigil, the I Tailwater depth y,= 1.0 feet L=4 •H= 16 feet District's student interns for the Box Height H=4.0 feet. preparation of the graphics. Width w=5.0 feet L=(H D7) • (V/2)=4"' • (20.5/2) = References I Slope S=0.05 ft/ft; 20.5 feet (use this length) The information on circular pipes Manning's n =0.013 in Table 2 was taken front: Chow, Ven Step 10. Find the width of the riprap Te(1959). Open-channel Hydraulics. I Step I. Determine if method is applicable: y, < 11/3; namely, low basin: McGraw-Hill Book Company, Inc.. New York.page 135. tailwater. W=w + 4H=5+4 •4 =21 feet The information on brink depth for mild slopes and size of riprap is I Step 2. Calculate the capacity of the Acknowledgments taken from: Stevens,M.A., (1969). pipe flowing full: The authors express their Scour In Riprap At Culvert Outlets. A appreciation to Bill DeGroot and Bryan Ph.D. dissertation, Civil Engineering ' Om = 426 cfs is found using the Kohlenberg,Urban Drainage and Flood Department, Colorado State University, Manning's Equation. Control District and Besharah Najjar. Ft. Collins. Colorado. 1 Step 3. Using the O/OJ,,u=0.70 ratio, Figure 2 gives the ratio d/H=0.73. 30 - Step 4. Calculate O/wHti=7.50 and m = R1pro P Type HG_2 � ; :: ' : r ' use this in Figure 3 to find rUH=0.94. \ - __" Step S. Since the smaller of the two 25 = ., ::::::#7.0"111/H:::' ' d/H ratios is 0.73,use it to find the �Y - depth, d,at the outlet and in Figure 2 toFi '•M N find the ratio of Ablm,=0.73. 20 :.::::; ;r •; ' d=0.73 •4.0=2.92 feet E � " " " f O ' Step 6. Using.4/41 rr=0.73 ratio, p 15 calculate the flow area and velocity at tl the end of the pipe: c I A =A 10 /Afrt•Ahtt =(0.73)• (4 . 5)= co tu 14.6 square feet Q IV= O/.4 =(300)/(14.6) =20.5 feet per 5 second 1 2 3 4 5 6 7 8 Storm Sewer Diameter, D, or Height, H, in ft. Step 7. Calculate the riprap sizing design parameter,Pd, and use it in Figure 4 find the appropriate riprap ' size: pd = (20.52+32.2 . 2.92) 112 =22.7; Figure 4: riprap selection chart for UseTypeMRiprap low tailwater basin at pipe outlets 1 Step 8. Calculate the minimum thickness of the riprap layer for D50= I12 inches: T= 1.75 • 12.0=21 inches. 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The recorded Change of Zone plat is provided in this submittal. B&C. A copy of the Certificate of Title from First American Heritage, covering all public dedications and setting forth the names of all the owners of property included in the PUD final plan, is included with this submittal. D. A copy of the Warranty Deed is included with this submittal. E. A statement from the Treasurer's office showing no delinquent taxes is included with this submittal. F. A utility plan has been prepared and is included with this submittal. G. A copy of the HOA covenants is included with this submittal. H. A Improvements Agreement is included with this submittal. I. A Memorandum from the Public Works department dated February 25, 2004, states that CR15 is an arterial, requiring 110 feet of right-of-way. This has been dedicated. Based on Peter Schei's comments in the Memorandum, the development will have a low impact on surrounding roads. J. An Off-site Road Improvements Agreement is not required for this submittal. The Agreement was not included as a stipulation by the Board of County Commissioners' resolution; Peter Schei confirmed this in a telephone conversation August 26, 2004. K. The construction schedule is included in the Improvements Agreement. L. The description of the financing for the development is included in the Improvements Agreement. M. An affidavit listing the names and addresses of the mineral owners is included with this submittal. Pickett Engineering, Inc. Coyote Ridge May 19,2005 Page 1 of 5 n eTh N. The certified list of persons and parcels with 500 feet of the property is included with this submittal. O. Responses to all of the county criteria and comments at Change of Zone (Resolution #RE041668) are included with this document, pages 2 through 5. P. The final plat map has been prepared by Alles and Associates and is included with this submittal. Q. A landscape plan is included with this submittal. R. A utility plan is included with this submittal. Responses to Planning Commission requirements A—U, from the Board of County Commissioners' Resolution #RE041668 3. At the time of Final Plan submission: A. The applicant shall provide a pavement design prepared by a professional engineer. A pavement design was provided on pages 5 and 6 of Northern Colorado Geotech's Preliminary Geotechnical Engineering Report, dated September 13, 2002. A copy of these pages is included with this submittal. B. Roadway and grading plans along with construction details will be required. Road Plan & Profiles are included with this submittal. C. Easements shall be shown on the final plat in accordance with County standards and/or Utility Board recommendations. Easements in accordance with county criteria are shown on the plat by Alles and Associates. D. The final drainage report should include a comparison of the existing and developed storm conditions in the write-up, and thereby denying or confirming detention requirements. This may be covered best in a conclusions/results paragraph and would be greatly appreciated. The final drainage report is included with this submittal. Pickett Engineering, Inc. Coyote Ridge May 19, 2005 Page 2 of 5 E. A final Drainage Report stamped, signed, and dated by a professional engineer licensed in the State of Colorado shall be submitted with the Final Plan application. The 5-year storm and 100-year storm drainage studies shall take into consideration off-site flows both entering and leaving the development. Increased runoff due to development will require detention of the 100-year storm developed condition while releasing the 5-year storm existing condition. The final drainage report is included with this submittal. F. The final Drainage Report shall include a flood hazard review documenting any FEMA defined floodways. The engineer shall reference the specific map panel number, including date. The development site shall be located on the copy of the FEMA map. The final drainage report is included with this submittal. G. Final drainage construction plans, conforming to the Drainage Report, shall be submitted with the Final Plan application. The final drainage report and drainage plan are included with this submittal. H. The applicant shall submit an On-site (Private) Improvements Agreement that addresses all improvements associated with this development, per compliance with Section 24-9-10 of the Weld County Code. The Improvements Agreement is included with this submittal. I. The applicant shall submit evidence to the Department of Planning Services that approval was received from the Department of Public Works of an Improvements Agreement Regarding Collateral for the transportation portion of the PUD. Once the approval letter regarding collateral for the transportation portion of the PUD has been provided by Peter Schei, PE, Weld County Public Works, it will be forwarded to the Weld County Planning Department. According to page 5 of the Improvements Agreement in Section 7.1, sentence 3, "Acceptable collateral shall be submitted and the plat recorded within six (6) months of the final plat approval." .1 Service provision impacts for ambulance services shall be addressed as required by Section 27-6-50.8.4 of the Weld County Code. A "Will-Serve" letter from Weld County Ambulance is included with this submittal. K. The applicant shall submit a Landscape Plan in accordance with Section 27-2-100 of the Weld County Code. A landscape plan is included with this submittal. Pickett Engineering, Inc. Coyote Ridge May 19, 2005 Page 3 of 5 rTh L. The applicant shall contact Johnstown-Milliken School District RE-5J to finalize a bus pick-up and drop-off location, including the bus shelter location. A copy of the correspondence with the school district is included with this submittal. M. The applicant shall contact the postal authority for this area to finalize the location of the mailbox pedestal location. A copy of the correspondence with the Post Office is included with this submittal. N. The applicant shall submit a time frame for construction in accordance to Section 27- 2-200 of the Weld County Code. The construction schedule is included in the Improvements Agreement that is included with this submittal. O. The applicant shall submit evidence to the Weld County Department of Planning Services with the Final Plan application that all proposed street names and lot addresses have been submitted to the Johnstown Fire Protection District, the Weld County Sheriff's Office, the Weld County Paramedic Service, and the Post Office for review and approval. The final plat shall indicate an approved street name. Letters of approval for the street names and lot addresses are included with this submittal. P. The applicant shall submit a set of sign standards as required by Section 27-6-90.E.1 of the Weld County Code for review and approval. A schematic of the sign standards for this subdivision have been included with this submittal. Q. Easements shall be shown on the final plat in accordance with Section 24-7-60 of the Weld County Code and Utility Board recommendations. Easements have been placed on the final plat in accordance with Sec. 24-7-60 of the Weld County Code. R. The applicant shall submit three (3) copies of the Bylaws and Articles of Incorporation for the Homeowners'Association for review and approval. Copies of the HOA by-laws and articles of incorporation have been included with this submittal. S. The applicant shall submit written evidence to the Department of Planning Services outlining the steps taken to address the concerns and requirements of the Colorado Division of Wildlife, as stated in its referral received March 19, 2004. Item 6 of the Division of Wildlife letter dated March 19, 2004, required an additional survey for "threatened and/or endangered species." As a result, the appropriate surveys were conducted and the conclusion letter from the survey report is attached. Pickett Engineering, Inc. Coyote Ridge May 19, 2005 Page 4 of 5 See letter from Wildland Consultants dated August 11, 2004, to Ellen Mayo of the U.S. Fish and Wildlife Service. T. Should the applicant not have an agreement with the mineral interests associated with this property, the applicant shall delineate all applicable drilling envelopes, per State Stature, on all sheets associated with this application. Drilling envelopes have been added to all sheets associated with this application. U. The applicant shall submit a digital file of all drawings associated with the Final Plan application. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are .shp (Shape Files), Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif. A digital file has been included with this submittal. 4. Prior to the release of any Building Permits: A. Stop signs and street name signs will be required at all intersections. Stop signs and street name signs will be at all intersections prior to obtaining any building permits. Responses to referral notes from Lin Dodge, Building Tech, Dept of Building Inspection 1. The owner requests that the name of the interior road be: "Coyote Ridge Drive." 2. An additional address has been requested for Farming Outlot 9k and the access will appear on the final plan Land Use Map. Pickett Engineering,Inc. Coyote Ridge May 19, 2005 Page 5 of 5 Ili Home 7f 2958757¢06106/2002�� 02:10P Weld CounTsty CO 1 of 1 R 5.00 D 135.00 J.A." i" ukamoto petted 011 arrantp. fit eeb THIS DEED is a conveyance of real property from the person(s)or legal entity named below as GRANTOR to the person(s) or legal entity named below as GRANTEE. The GRANTOR hereby sells and conveys to the GRANTEE the real property described below with all its appurtenances,and the GRANTOR warrants the title against all persons claiming under the GRANTOR,except for any particular matters described below under"Additional Warranty Exceptions,"and except for any of the following matters established by the GRANTOR and evidenced by recorded document:easements,rights-of-way,mineral grants,mineral leases,and protective covenants and restrictions. The GRANTOR does not warrant against the lien of the general property taxes for the year of this Deed. .c. If the Grantor intends this Deed to convey less than his entire interest in the Property or if the Grantor intends to impose restrictions -t" on the Grantee's use of the Property,then appropriate language has been added below under"Reservations And/Or Restrictions." 3 If there are two or more Grantees named in this Deed,they are accepting this conveyance as tenants in common,unless the words "joint tenancy with right of survivorship'or"joint tenancy"have been added below under"Form of Co-Ownership." The Grantor acknowledges that there is good and/or valuable consideration for this Deed,and that the consideration is adequate;the indication of a dollar amount below under"Consideration"does not necessarily mean that the stated amount is the only consideration for this Deed,and the absence of a stated amount under"Consideration"is not intended to indicate that there is no consideration for this Deed. — The following information completes this Deed: GRANTOR: (Give Name(s),Address(es),and Marital Status) CHARLES R.AMEN TRUST,PAUL D. AMEN TRUST,AND JOYCE AMEN MAYBERRY TRUST, EACH AS TO AN UNDIVIDED 1/3 INTEREST i GRANTEE:(Give Name(s),Address(es) y g7~ otk-10 UIV LAND LLC,A COLORADO LIMITED LIABILITY COMPANY 929 38TH AVE. CT.,#102, GREELEY,CO. 80634 IFORM OF CO-OWNERSHIP: PROPERTY DESCRIPTION: TOWNSHIP 5 NORTH, RANGE 67 WEST OF THE 6TH P.M.,WELD COUNTY, COLORADO: I SECTION 20: NW'4 EXCEPT TI IAT PORTION LYING NORTH OF THE DITCH OF THE GREELEY AND LOVELAND IRRIGATION COMPANY;AND SECTION 17: SW'4 LYING SOUTH OF THE DITCH OF THE GREELEY AND LOVELAND IRRIGATION COMPANY I f { PROPERTY ADDRESS:26994 WCR 15,LOVELAND,CO.80537 • 1 CONSIDERATION:ONE MILLION THREE HUNDRED FIFTY THOUSAND AND NO/100 RESERVATIONS AND/OR RESTRICTIONS:(If none,leave blank) GRANTORS SPECIFICALLY EXEMPT, RESERVE AND EXCLUDE FROM THIS DEED 35 UNITS OF I NORTHERN COLORADO WATER CONSERVATION DISTRICT, AND ALL CROPS ON SAID LAND FOR THE YEAR 2002 ADDITIONAL WARRANTY EXCEPTIONS:(If none, leave blank) ISigned on 6 — Lj ,2002 . CHARLS R.AMEN TRUST,PAUL AMEN TRUST AND JOYCE AMEN MAYBERRY TRUST ? j Gr/'? 7'"2- ..01.t,-CHARLES R.AMEN.TR STEE �,,(�(, f _I�,yUL D.AMEt�, RUSTEE I 'L!)y)A `--/P.I�1.e�,��d...r,r...[ F?';�..<_lZ�.xci, ` (I — G JI 1YCE (MEN MAYBERRY,'TRUST ' STATE OF COLORADO ) it ss. COUNTY or WELL s.. ) The foregoing inert Ww.e'a, nowledged before me this. .. y_ day of (----.... 4,-- -'''� 2002 By CHARLES Ails;`PA(;�1 i MEN,AND JOYCE AMEN MAYBERRY,ALL,TRUSTEES OF THE CHARLES R.AMEN TRUST PAUL D.AM- T'IRUST AND J/If' AMEN MAYBERRY TRUST ---- /' WITNESS hafid and official site'. , J 1 c` ( My commis n OxpireMo i rye ra.•w.ex --...-->•4dr J._,f-c------ RPM ! i �" Notary Public STATE OF • W-1.1„.&:%. .� , yh,..,7:.,_ __ s: Report Date:05/25/2005 10:14AM WELD COUNTY TREASURER Page: 1 STATEMENT OF TAXES DUE SCHEDULE NO: R2995804 ASSESSED TO: UIV LAND LLC 16529 COUNTY RD 70 GREELEY, CO 80631 LEGAL DESCRIPTION: PT NW4 20-5-67 PT LOT B AMD REC EXEMPT RE-3340 LYING IN NW4 SEC 20 (1.75R 3.02D) PARCEL: 095720200037 SITUS ADD: TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE 2004 TAX 778.16 0.00 0.00 778.16 0.00 TOTAL TAXES GRAND TOTAL DUE GOOD THROUGH 05/25/2005 0.00 ORIGINAL TAX BILLING FOR 2004 TAX DISTRICT 2364- Authority Mill Levy Amount Values Actual Assessed WELD COUNTY 19.957 212.75 AGRICULTUR 36,766 10,660 SCHOOL DIST RE5J 35.992 383.68 NCW WATER 1.000 10.66 TOTAL 36,766 10,660 LTW WATER 0.000 0.00 JOHNSTOWN FIRE 6.471 68.98 AIMS JUNIOR COL 6.328 67.46 WELD LIBRARY 3.249 34.63 TAXES FOR 2004 72.997 778.16 ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES-AUGUST 1, REAL PROPERTY-AUGUST 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK. P.O. Box 458 Greeley,CO 80632 (970)353-3845 ext.3290 WELD COUNTY TREASURER Pursuant to the Weld County Subdivision Ordinance,the attached Statement(s)of Taxes Due, issued by the Weld County Treasurer, are evidence that, as of this date, all property taxes, special assessments and prior tax liens currently due and payable connected with the parcel(s) identified therein have been paid in full. - Signe Date: OS Report Date:05/25/2005 10:14AM WELD COUNTY TREASURER Page: 1 STATEMENT OF TAXES DUE SCHEDULE NO: R2995704 ASSESSED TO: UIV LAND LLC& 16529 COUNTY RD 70 GREELEY,CO 80631 LEGAL DESCRIPTION: PT SW4 17-5-67 PT LOT B AMD REC EXEMPT RE-3340 LYING IN SW4 SEC 17 (.38R) PARCEL: 095717300021 SITUS ADD: TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE 2004 PROCESSING FEE 5.00 0.00 0.00 5.00 0.00 2004 TAX 2.24 0.00 0.00 2.24 .00 TOTAL TAXES 0 GRAND TOTAL DUE GOOD THROUGH 05/25/2005 0.00 ORIGINAL TAX BILLING FOR 2004 TAX DISTRICT 2367- Authority MITI Levy Amount Values Actual sessed WELD COUNTY 19.957 0.59 AGRICULTUR 105 30 SCHOOL DIST RE5J 35.992 1.07 ---------------- -------------- NCW WATER 1.000 0.03 TOTAL 105 30 WINDSOR SEVER FIRE 5.209 0.15 AIMS JUNIOR COL 6.328 0.19 THOMPSON RIVER REC 3.597 0.11 WELD LIBRARY 3.249 0.10 TAXES FOR 2004 • T75.332 2.24 ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES-AUGUST 1, REAL PROPERTY-AUGUST 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK. P.O. Box 458 Greeley,CO 80632 (970)353-3845 ext.3290 WELD COUNTY TREASURER Pursuant to the Weld County Subdivision Ordinance,the attached Statements)of Taxes Due,issued by the Weld County Treasurer, are evidence that, as of this date, all property taxes, special assessments and prior tax liens currently due and payable connected with the parcel(s) identified therein have been paid in full. • Sign ha/1 /W Date: 12_5 ay- .061 Report Date: 05/25/2005 10:14AM WELD COUNTY TREASURER Page: 1 STATEMENT OF TAXES DUE SCHEDULE NO: R2995704 ASSESSED TO: UIV LAND LLC& 16529 COUNTY RD 70 GREELEY, CO 80631 LEGAL DESCRIPTION: PT SW4 17-5-67 PT LOT B AMD REC EXEMPT RE-3340 LYING IN SW4 SEC 17 (.38R) PARCEL: 095717300021 SITUS ADD: TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE 2004 PROCESSING FEE 5.00 0.00 0.00 5.00 0.00 2004 TM 2.24 0.00 0.00 2.24 :00 TOTAL TAXES 0 GRAND TOTAL DUE GOOD THROUGH 05/25/2005 0.00 ORIGINAL TAX BILLING FOR 2004 TAX DISTRICT 2367- Authority Mill Levy Amount Values Actual sessed WELD COUNTY 19.957 0.59 AGRICULTUR 105 30 SCHOOL DIST RE5J 35.992 1.07 NCW WATER 1.000 0.03 TOTAL 105 30 WINDSOR SEVER FIRE 5.209 0.15 AIMS JUNIOR COL 6.328 0.19 THOMPSON RIVER REC 3.597 0.11 WELD LIBRARY 3.249 0.10 TAXES FOR 2004 75.332 2.24 ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES-AUGUST 1, REAL PROPERTY-AUGUST 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK. P.O. Box 458 Greeley, CO 80632 (970)353-3845 ext. 3290 WELD COUNTY TREASURER Pursuant to the Weld County Subdivision Ordinance, the attached Statement(s) of Taxes Due, issued by the Weld County Treasurer, are evidence that, as of this date, all property taxes, special assessments and prior tax liens currently due and payable connected with the parcel(s) identified therein have beep paid in full. ,/� Signee fi'/a..� Date: 3i%1 570� teN n Report Date: 05/25/2005 10:14AM WELD COUNTY TREASURER Page: 1 STATEMENT OF TAXES DUE SCHEDULE NO: R2995804 ASSESSED TO: UIV LAND LLC 16529 COUNTY RD 70 GREELEY, CO 80631 LEGAL DESCRIPTION: PT NW4 20-5-67 PT LOT B AMD REC EXEMPT RE-3340 LYING IN NW4 SEC 20 (1.75R 3.02D) PARCEL: 095720200037 SITUS ADD: TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE 2004 TAX 778.16 0.00 0.00 778.16 0.00 TOTAL TAXES GRAND TOTAL DUE GOOD THROUGH 05/25/2005 0.00 ORIGINAL TAX BILLING FOR 2004 TAX DISTRICT 2364- Authority Mill Levy Amount Values Actual Assessed WELD COUNTY 19.957 212.75 AGRICULTUR 36,766 10,660 SCHOOL DIST RE5J 35.992 383.68 NCW WATER 1.000 10.66 TOTAL 36,766 10,660 LTW WATER 0.000 0.00 JOHNSTOWN FIRE 6.471 68.98 AIMS JUNIOR COL 6.328 67.46 WELD LIBRARY 3.249 34.63 TAXES FOR 2004 72.997 778.16 ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES-AUGUST 1, REAL PROPERTY-AUGUST 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK. P.O. Box 458 Greeley, CO 80632 (970) 353-3845 ext.3290 WELD COUNTY TREASURER Pursuant to the Weld County Subdivision Ordinance, the attached Statement(s)of Taxes Due, issued by the Weld County Treasurer, are evidence that, as of this date, all property taxes, special assessments and prior tax liens currently due and payable connected with the parcel(s) identified therein have been paid in full. Date: sC S rTh DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE COYOTE RIDGE SUBDIVISION Article I—Preamble Declarant is the owner of that certain real property situate in Weld County, Colorado and more fully described on the attached Exhibit "A" and commonly referred to as the Coyote Ridge Subdivision. Declarant desires to develop the Property for residential purposes. Declarant deems it desirable to subject the Property to the covenants, conditions and restrictions set forth in this Declaration in order to preserve the values of the individual lots and to enhance the quality of life for all owners of such lots. Declarant therefore declares that all of the Property is and shall be held, transferred, sold, conveyed and occupied subject to the terms, restrictions, limitations, conditions, covenants, obligations, liens, right of ways, and easements which are set forth in the Declaration, all of which shall run with the Property and shall inure to the benefit of, and be binding upon, all parties having any right, title or interest in the Property or any portion thereof, and such person's heirs, grantees, legal representatives, successors and assigns. Any restrictions or regulations not addressed specifically shall be in accordance with Weld County Estate Zoning, i.e., number and type of animals allowed on each lot, home occupations, etc. Article II—Definitions 2.1 General: The words and terms defined in this Article shall have the meanings herein set forth unless the context clearly indicates otherwise. 2.2 Lot: Shall mean and refer to any parcel or plot of land located within the exterior boundaries of the Property described on Exhibit "A" and owned by the "Owner". In the event, however, that an Owner divides a lot into smaller lots by complying with and satisfying the applicable rules, regulations and ordinances of the County of Weld and State of Colorado, each such resulting smaller parcel will then constitute a"Lot"for the purpose of these covenants. 2.4 Road and Utility Easements: Shall mean and refer to all utility easements presently existing on the Property or subsequently constructed by the Declarant on the tracts or parcels of the property. "Roads" and "Utility Easements" shall not include private driveways or utility extensions constructed by individual Owners to provide access and utilities to dwellings or other structures located upon such Owner's lot on the Property. 2.5 Single Family Dwelling: Shall mean an independent structure designated and occupied as a residence for a single family. Page 1 of 5 2.6 Other terms may be defined in specific provisions contained in the Declaration and shall have the meaning assigned by each such definition. Article III—Use and Other Restrictions 3.1 Land Use and Building Types: A lot may be used only for one single-family dwelling. The primary residential building must include as a part thereof, a garage, or if a garage is not included as a part of the residence, then a separate garage structure shall have identical architectural design and exterior design and appearance consistent with that of the residence accommodated thereby. 3.1.1 Size: The dwelling space of the residence, exclusive of the garage and open porches, shall contain a minimum of 3,400 square feet of finished non-basement living space. The maximum height of the residence and any accessory building is not to exceed thirty(30)feet. 3.1.2 Pre-constructed Homes: No home of a pre-constructed nature shall be permitted. 3.1.3 Exterior Materials: The exteriors of all residences must be wood, masonry, stone, stucco or materials with a stucco-like appearance. 3.2 Accessory Buildings: No more than two (2) accessory buildings in addition to the garage with a maximum square footage of 3,000 sq. ft. total, which are well constructed and neat of appearance, shall be permitted. No buildings with a Quonset type appearance are permitted. 3.3 Fencing: Fencing is to be kept with the appearance of the surrounding rural setting, i.e., barb or barbless wire fencing, wire fencing, natural wood (unpainted), chain link, vinyl and livestock panels are allowed. 3.4 Outdoor Storage: Shall be screened from public right of ways and adjacent properties. Tractors and machinery not being used for maintenance of the lot or other applicable use common on a small rural lot, and unlicensed vehicles of any kind will not be permitted on the lots, except in enclosed storage buildings. 3.5 Right of Way and Easements: Within these easements, no structure, planting or other materials shall be placed or permitted to remain in which may damage or interfere with the installation and maintenance of utilities, which may change the direction of flow of drainage in the easements. If any landscaping or structure is installed which violates such requirements, any beneficiary under the terms of this instrument may give the owner written notice to remove such landscaping or structure. If the Owner fails to remove the landscaping or structure within thirty (30) days of receipt of notice, any Beneficiary may take appropriate legal action in enforcement. Page 2 of 5 • n � 3.6 Maintenance of Lots: The Owner of each lot shall plant and maintain non-weed vegetation and remove any trash or other debris. 3.7 Maintenance of Individual Sewage Disposal Systems (Septic Systems): Primary and secondary septic absorption field envelopes shall be preserved and/or protected in a manner that will allow for the proper function of said systems. Activities such as landscaping (i.e., planting of trees and shrubs) and construction(i.e. auxiliary structures,dirt mounds/berming)are expressly prohibited in the designated absorption field envelopes. It is the responsibility of each individual lot owner to acquire further information regarding the proper care and maintenance of septic system absorption fields. This material and/or information can be found at The Weld County Department of Public Health and Environment. 3.8 Pasturing of Lots: It is not intended that the area around the residential building area is to be used as feed pasture. The area outside of the residential building area is intended for pasture for animal exercise space, riding area and minor supplement to the main food source of bailed hay and commercially produced feed. The pasture shall be divided into a minimum of one (1) acre areas to maintain the ground cover and alternating annual units within each area as vegetation occurs as next specified. 3.9 Manure Handling Plan: The individual lot owner shall be responsible for maintaining the property as a healthy environment for both humans and animals. The lot owner may maintain an area to compost manure that would be confined and screened within an area 12 ft. x 12 ft. x 6 ft. high. Disposal of excess manure may be handled communally by the owners of each Lot. It is intended that the owner of each Lot will negotiate with a local farming establishment that may want the waste for agricultural purposes. 3.10 Nuisances: No noxious or offensive activities shall be carried on upon any lot, nor shall anything be done thereon which may become an annoyance or nuisance to the entire neighborhood. 3.11 Compliance: Each lot owner shall maintain compliance at all times with the requirements of the Weld County Public Works Department, Weld County Health Department, Division of Wildlife, Galeton Volunteer Fire Department and the Weld County Planning Department. 3.12 Oilfield Production: If oil/gas production facilities become present, oiUgas vehicles have the right to access their production facilities without interference by lot owners. 3.13 Right to Farm Covenant: Weld County is one of the most productive agricultural counties in the United States. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize there are drawbacks, including conflicts with long-standing agricultural practices and lower level of services than in town. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well run Page 3 of 5 agricultural activities will generate off-site impacts, including noise from tractors and equipment; dust from animal pens, field work, harvest and gravel roads; odor from animal confinement, silage and 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 the efficient delivery of irrigation to fields which is essential to farm production. Weld County covers a land area of over 4,000 square miles in size (twice the size of 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. Children are exposed to different hazards in the country than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs and livestock present real threats to children. Controlling children's activities is important,not only for their safety,but also for the protection of the farmer's livelihood. Article IV—General Provisions 5.1 Beneficiaries: The Beneficiaries of the terms and provisions of this Declaration of Covenants, Conditions and Restrictions shall consist of the record owners of the parcel described in the attached Exhibit"A". 5.2 Durations: Subject to the provisions of Section 5.3 of this Article, this Declaration shall remain in full force and effect, shall run with the land and shall be binding on all persons having any interest in any Lot for a period of twenty (20) years from the date this Declaration is recorded. 5.3 Severability: Any provision of this Declaration invalidated in any manner whatsoever shall not be deemed to impair or affect in any manner the validity, enforcement or effect of the remainder of this Declaration and, in such event, all of the other provisions of this Declaration shall continue in full force and effect as if such invalid provision had never been included herein. 5.4 Disclaimer: No claim or cause of action shall accrue in favor of any person in the event of the invalidity of any covenant or provision of this Declaration or Declarants to enforce any covenant or provision hereof. This Section 5.4 may be pleaded as a full bar to the maintenance of any such action or arbitration brought in violation of the provisions of this Article. Page 4 of 5 rre", 5.5 Waiver: No provision contained in this Declaration shall be deemed to have abrogated or waived by reason of any failure to enforce the same, regardless of the number of violations or breaches which may occur. 5.6 Captions: The captions herein are inserted only as a manner of convenience and for reference and in no way define, limit or describe the scope of this Declaration nor the intent of any provision hereof. 5.7 Construction: The use of the masculine gender in this Declaration shall be deemed to include the feminine and neuter genders, and the use of the singular shall be deemed to refer to the plural, and vise verse, when the context so requires. 5.8 Notices: Notices required or permitted by this Declaration shall be made in writing. Notice to an owner shall be sufficient if sent by United States Mail, sufficient postage prepaid, to the latest address of such Owner as shown by the records of the Weld County, Colorado Assessor. In such event, notice shall be deemed effective three (3) days after such deposit into the United States mail. Notices may also be given by certified or registered mail, or by hand delivery. If hand delivered, notice shall be effective on the date that delivery is accomplished. If sent by registered or certified mail, notice shall be deemed effective three (3) days after deposit into the United States mail, sufficient postage prepaid. IN WITNESS WHEREOF, the undersigned bein e Declarant and Owners of all Lots set forth in the attached Exhibit"A" execute this Declara o the date and year indicated below. D, L an line ager STATE OF COLORADO ) )ss. COUNTY OF WELD ) The foregoing Declaration of Covenants, Conditions and Restrictions were acknowledged before me this day of ,200 Witness my hand and official seal. Notary Public My Commission Expires: Page 5 of 5 NOTICE TO CLOSING AGENTS: THIS IS A FEE-ASSESSED SUBDIVISION. CHECK WITH THE HOMEOWNERS ASSOCIATION FOR FEE SCHEDULE. DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR COYOTE RIDGE P.U.D. HOMEOWNERS ASSOCIATION (a Common Interest Community) THIS DECLARATION OF COVENANTS, CONDITIONS. AND RESTRICTIONS FOR COYOTE RIDGE P.U.D, HOMEOWNERS ASSOCIATION, a Colorado Nonprofit Corporation, is made and entered into this day of , 2006 by Nolan Ulmer, as Manager of Coyote Ridge Land Holdings LLC, and UIV Land, LLC, hereinafter referred to as "the Declarant", whether one or more. ARTICLE I RECITALS A The Declarant is the owner of that certain mal property located in the County of Weld, State of Colorado legally described on Exhibit "A" and platted as Coyote Ridge P.U.D. (a recorded plat) pursuant to the Weld County Code (the `Property"). Exhibit"A" is attached hereto and Incorporated herein by reference. B. The Declarant desires to create a Common Interest Community on the Property, pursuant to the Colorado Common Ownership Act. §38-33.3-1B1, Colorado Revised Statutes, et seq., as it may be amended from time to time ("the Act"), in which portions of the Property will be designated for private ownership and portions for association use ("Open Space") or"("Common Facilities"), or("Outiots"). An association of Lot owners will own part of the Property and will regulate the Open Space and other facilities C. The Declarant has caused to be incorporated under the laws of the State of Colorado. Coyote Ridge P.t1.D. Homeowners Association ('Association"), a nonprofit corporation, for the purpose of exercising the functions herein set forth. D. The number and type of animals allowed on each Lot within the Property shall be limited in accordance with Article VI, Section 13 of this declaration. E. Declarant desires to develop the Property primarily for residential purposes. Declarant deems it desirable to subject the Property to the covenants. conditions, and restrictions set forth in this Declaration in order to preserve the values of the individual Lots and to enhance the quality of !ife for all owners of such Lots. r:'.f;[;uUL1 r.R,C CAIMANS F INOI wp l 1 PDF created with pdfFactory trial version www.pdffactorv.com F. Declarant therefore declares that all of the Property is and shall be held. transferred, sold, encumbered, conveyed and occupied subject to the terms, restrictions, limitations, conditions,covenants, obligations: liens, and easements which are set forth in this Declaration, all of which shall run with the Property and shall inure to the benefit of, and be binding upon, all parties having any right, title, or interest in the Property or any portion thereof, and such person's heirs, grantees, legal representatives. successors and assigns. ARTICLE It DEFINITIONS The words and terms defined in this Article shall have the meanings heroin set forth unless the context clearly indicates otherwise. Section 1: "Agricultural Lot" shall mean Agricultural Outlet 9A as platted and designated on the plat and to be utilized for agricultural zone uses in accordance with the Weld County Code, which is not a buildable lot except for agricultural purposes. Section 2: "Allocated Interests" shall mean and refer to the Common Expense Liability and votes in the Association. Section 3: "Approval"or"Consent"shall mean securing the prior written approval or consent as required herein before doing, making, or suffering that for which such approval or consent is required. Section 4: "Architectural Review Committee" shall mean and refer to the committee established to review and approve plans for the construction of improvements on Lots as set forth in Article VIII of this Declaration. Section 5: "Association" or 'Homeowners Association' shall mean and refer to Coyote Ridge P.U.D. Homeowners Association, a Colorado non-profit corporation established pursuant to Article IX of this Declaration. Section 6: "Bylaws" shall mean and refer to any instruments, however denominated, which are adopted by the Association for the regulation and management of the Association, including amendments to those instruments. Section 7: "Common Facilities" or "Open Space" shall mean and refer to all rights-of-way, easements. ditches, Outlots (aikfa Open Space), the entrance area, landscaping in the Open Space easements and facilities within or benefitting the Common Interest Community owned or leased by the Association or constructed and maintained for the benefit of Lot Owner(s) . Section 8: "Common Expense Liability" shall mean and refer to this liability for Common Expenses allocated to each Lot pursuant to this Declaration. ra(rouu.irattccrvEsiArars F K41.wri 2 PDF created with pdfFactory trial version www.pdffactory.com Section 9: "Common Expenses" shall mean and refer to expenditures made or liabilities Incurred by or on behalf of the Association, together with any allocations to reserves. Section 10. "Common Interest Community" shall mean and refer to the Property, including any land which may subsequently be added to and become a part of the Common Interest Community, and as added pursuant to §38-33.3-222 of the Act. Section 11: "Declarant" shall mean Coyote Ridge Land Holdings, LLC. Section 12: "Declaration" shall mean and refer to this Declaration, including any amendments hereto and also including but not limited to. plats of the Property recorded in the Clerk and Recorder's office of Weld County, Colorado. Section 13: "Dispose"or"Disposition"shall mean and refer to a voluntary transfer of any legal or equitable interest in a Lot, but the term does not include the transfer or release of a security interest. Section 14: `Drainage and Irrigation Easements" shall mean and refer to the detention ponds, ditches, pipelines and other associated structures which deliver water to properties part of the Coyote Ridge R.U.D. and to other properties which structures arc located within the P.U.D. and specifically on or In Outlets D, A, B. Lot 8. and Outlet 8A. Section 15: "Identifying Number"shall mean and refer to a symho!or address that identifies only one (1) Lot In the Common Interest Community. Section 16: "Insurer"shall mean and refer to any governmental agency or authority that insures or guarantees a mortgage and who has provided written notice of such interest to the Association. Section 17: "Lot" shall mean Residential Lots One (1) through Nine (9)and Agricultural Outlet 9A as platted and designated on the plat. Additionally, Outlets"A, 8, C and D" may be described as a Lot for purposes of these Covenants as the context requires. Section 18: "Mortgagee` shall mean and refer to any person who has a security interest in a Lot and who has provided written notice of such interest to the Association. "First Mortgagee"shall mean and refer to a Mortgagee who has a security interest in a Lot prior to all other security interests except the security interest for real property taxes and assessments made by Weld County, Colorado, or other governmental authority having Jurisdiction over the Common interest Community, Section 19: "Outlets A, B, C and D" shall mean the Open Space as described in Section 7. Floc.,''L:uthiERCOV°NAWi5Fwa. e.rc 3 PDF created with pdfFactory trial version www.pdffactorv.com Section 20: "Person" shall mean and refer to a natural person, a corporation, a partnership, an association, a trust, or any other entity or combination thereof Section 21: "Plat'shall mean and refer to the Plat of the Property and/or any part of the Common Interest Community as enlarged by added land recorded in the office of the Clerk and Recorder of Weld County, Colorado, and all recorded amendments thereto. Section 22: "Purchaser"shall mean and refer to a Person,other than a Declarant, who, by means of a transfer, acquires a legal or equitable interest in a Lot, other than: (a) A leasehold interest in a Lot of less than forty(40)years, including renewal options, with the period of the leasehold interest, including renewal options, being measured from the date the Initial term commences; or (b) A Security Interest. Section 23: The "Property"shall mean and refer to Lots One(1)through Nine (0) and Outlots A, B, C and D and Agricultural Outlet 9A as shown and described on the plat of Coyote Ridge P.U.D. dated and recorded Reception No. , Weld County records and incorporated herein by reference. Agricultural Outlot 8A is not suhject to these Covenants, except Article IX, Section 5, but shall be subject to applicable provisions of the Weld County Code. Section 24: "Residence"shall mean and refer to a single family residential dwelling constructed on a Residential Lot. Section 25: "Residential Use" shall mean and refer to use for dwelling or residential purposes. Section 26: Rules and Regulations" shall mean and refer to any instruments, however denominated, which are adopted by the Architectural Review Committee after approval by the Declarant or the Association for the regulation and management of the Common Interest Community, including any amendment to those instruments. Section 27: "Security Interest" shall mean and refer to an interest in real estate or personal property created by contract or conveyance which secures payment or performance of an obligation. The term includes a lien created by a mortgage. deed of trust, trust deed, security deed, contract for deed, land sales contract, lease intended as security, assignment of lease or rents intended as security,pledge of an ownership interest in an association, and any other consensual lien or title retention contract intended as security for an obligation. "First Security Interest" shall mean and refer to a Security Interest in a Lot prior to all other Security Interests except the Security Interest for real property taxes and assessments made by Weld County,Colorado, or other governmental authority having jurisdiction over the Common Interest Community. F'U(F LY.lf.4FR,C.Cy.IErJAN I S t INAL wpd 4 PDF created with pdfFactory trial version www.pdffactorv.com Section 28: "Single-family" shall mean and refer to any individual or group of persons related by blood or marriage living together in a Residence. Section 2g: "Unit Owner"and/or"Lot Owner"and/or"Agricultural Lot Owner" shall mean any person that owns Let(s) One(1) through Nine (9) and Agricultural Outlet 9A. ARTICLE ill COMMON INTEREST COMMUNITY Section 1: Name. The name of the Common Interest Community is Coyote Ridge P.U.D. Section 2: Association. The name of the Association is Coyote Ridge P.U.D. Homeowners Association. Section 3: Planned Community. The Common Interest Community is a planned community. Section 4: County. The name of the county in which the Common Interest Community is situated is Weld County, Colorado. Section 5: Legal Description. A legal description of the Property included in the Common Interest Community is described on Exhibit"A"attached hereto and incorporated herein by reference. Section 6: Maximum Number of Lots and Outlots. The maximum number of Lots that the Declarant reserves the right to create within the Common Interest Community for residential purposes is Nine (9) being Lots 1 through 9. The maximum number of Outlets that the Declarant reserves the right to create within the Common interest Community are Four (4), being Outlets A, 8, C and D: and Two (2) Agricultural Outlets being Agricultural Outlets 8A and 9A. Section 7: Boundaries. The boundaries of each Lot,Outlet or Agricultural Outlet are set forth on the Plat along with the Identifying Number. Section 8: Allocated Interests. The Common Expense Liability and votes in the Association shall be allocated among the owners as follows: (a) Each Owner's share of the Common Expenses 1119th which is the Nine (9) Residential Lots and Agricultural Outlet 9A Agricultural Outlet 8A is not subject to any expense liability as it is not subject to these Covenants. (b) Owner(s) shall be entitled to one(1) vote for each Lot owned. F.1 cFLu Awrim-A1vFNAN1S f-INPA.:vpd 5 PDF created with pdfFactory trial version www.pdffactorv.com Section 9: Notice. Notice of matters affecting the Common Interest Community may be given to Lot owners by the Association or by other Lot Owners in the following manner notice shall be hand delivered or sent prepaid by United States mail to the mailing address of each Lot or to any other mailing address designated in writing by the Lot Owner. Such notice shall be deernec given when hand delivered or when deposited in the United States mail. ARTICLE IV ASSOCIATION Section 1: Authority. The business and affairs of the Common Interest Community shall be managed by the Association. The Association shall be governed by its Bylaws as amended from time to time. Section 2: Powers. The Association shall have all of the powers, authority, and duties permitted pursuant to the Act necessary and proper to manage the business and affairs of the Common Interest Community. The Association may assign its future income, including its rights to receive the Common Expense Assessments,only by the affirmative vote of the Lot Owners of Lots to which at least sixty-seven percent (67%) of the votes in the Association are allocated at a meeting called for that purpose. Section 3: Declarant Control.The Declarant, or persons designated by it, may appoint and remove the officers and members of the Board of Directors of the Association until 7 Lots have been sold or December 31, 2008, whichever is earlier. The period of Declarant control as herein set forth is further subject to the limitations of Section 38-33.3- 303(5)and (7) of the Act. ARTICLE V SPECIAL DECLARANT RIGHTS AND ADDITIONAL RESERVED RIGHTS Section 1: Special Declarant Rights. Declarant hereby reserves the right for a period of five (5) years after this Declaration is recorded in the office of the Clerk and Recorder of Weld County,Colorado,to perform the acts and exercise the rights hereinafter specked ("the Special Declarant Rights") . Declarant's Spacial Declarant Rights include the following: (a) Completion of Improvements. The right to complete improvements indicated on the Plat. (by Exercise of Developmental Rights. The right to exercise any Special Declarant Rights reserved in Article V of this Declaration_ (c) Sales and Marketing. The right to maintain signs advertising the Common Interest Community. "t.ft AFL IALRC M'ENAHTS F NN..wg3 C PDF created with pdfFactory trial version www.pdffactory.com (d) Construction Easements. The right to use easements through the Common Elements for the purpose of making improvements within the Common Interest Community or within the Property which may be added to the Common Interest Community or appurtenant thereto. (el Control of Association and Executive Board. The right to appoint or ternove any officer of the Association or any Executive Board member, except that this Special Declarant Right shall be limited to the time period and condition set forth in ARTICLE IV, Section 3 above. (f) Amendment of Declaration. The right to amend the Declaration in connection with the exercise of any Special Declarant Rights. (9) Amendment of Plat. The right to amend the Plat in connection with the exercise of any Special Declarant Rights. Section 2: Additional Reserved Rights. In addition to the Special Declarant Rights set forth in Section 1 above, Declarant also reserves the following additional rights ("the Additional Reserved Rights"): (a) Dedications. The right to establish, from time to time, by dedication or otherwise, utility, detention, drainage,pond, irrigation. and other easements over, across, and upon the Common Elements for purposes including, but not limited to, streets, paths, walkways, drainage, open space, water, irrigation and drainage detention structures. and to create other reservations, exceptions, and exclusions over, across, and upon the Common Elements for the benefit or and to serve the Lot Owners within the Common Interest community. (b) Use Agreements. The right to enter into, establish, execute, amend, and otherwise deal with contracts and agreements for the use. lease, repair, maintenance, or regulation of Common Elements, which may or may not be a part of the Common Interest Community for the benefit of the Lot Owners and/or the Association. (c) Other Rights. The right to exercise any Additional Reserved Right created by an other provision of this Declaration. Section 3: Rights Transferable. Any Special Declarant Right or Additional Reserved Right created or reserved under this Article for the benefit of the Declarant may he transferred to any Person by an instrument describing the rights transferred and recorded in Weld County, Colorado. Such instrument shalt be executed by the transferor Declarant and the transferee. F K-LtlllFh(OVEAU�NrS FIWtiLf 7 PDF created with pdfFactory trial version www.pdffactorv.com ARTICLE VI USE AND OTHER RESTRICTIONS Section 1: Land Use and Building Types, No Lot shall be used except as the site of a detached single family dwelling along with guest facilities, private garage. storage sired or private shop and work area building, none of which need be attached to the single family dwelling. All improvements on each Lot shall meet the requirements of Article VII, 'Architectural Standards" of this Declaration. Section 2: Use. No person that does not reside on the Lot shall work on the Lots as regular work duties,except domestic household help,lawn and garden caretaker, in the engagement of construction and maintenance of facilities on the Lots, and the Declarant in the development and sale of the Common Interest Community. The Association may adopt such other rules for the Common interest Community as may be reasonably required to ensure that there are no apparent visits by customers, clients, and service vehicles to the Residence. Section 3: Buildings. No building, fence, barn. corral, paddock, or other permanent structure shall be located on any Lot without first obtaining the written consent of the Architectural Review Committee,approving the proposed location.Location approval shall be based upon the same not obstructing any view corridors or be considered an obstruction to any other Lot within the common Interest Community. All such buildings shall be pursuant to the style,design and other requirements as provided in guidelines and rules established at Section 2, Article VII and shall match the materials and style of the main residence. Section 4: Easements. Easemonts for the installation and maintenance of utilities, landscaping, ditches, roads, detention and drainage facilities in the Outlets, are reserved as shown on the Plat,or those that may be recorded at a later date. Within these easements, no structure, planting or other materials shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities,which may change the direction of flow of drainage or detention facilities , or which adversely affects landscaping installed by the Declarant. If any landscaping or structure is installed which violates such requirements, the Association may give the property owner written notice to remove such landscaping or-structure within no less than fifteen (15)days after such notice is given. and if the owner falls to move the landscaping or structure within that time. the Association may have such work done at the expense of the owner of the Lot. If the work is done by the Association at the owner's expense,the owner shall pay for such work within ten (10)days after rotice Is given in writing to the owner as to the cost of such work. In the event of failure to pay within that time and if the Association thereafter incurs any attorney's fees and costs in collecting such amount from the owner,all such attorney's fees and costs incurred shall likewise be a debt owing by the owner to the Association. The easement area of each Lot and all improvements on it shall be maintained continuously by the owner r mx '.uuopecevENA rs FWlW,wFc 8 PDF created with pdfFactory trial version www.pdffactory.com of the Lot, except for those improvements or landscaping for which the Association, a public authority or utility company is responsible. Section 5: Maintenance of Vacant Lots. The owner of each Lot shall plant and marntein grass on it; periodically rnow such grass and other vegetation; and remove any trash or other debris. If an owner fails to maintain a vacant Lol in accordance with such requirements, the Association shall have the right to plant and maintain grass on it: periodically mow such grass and other vegetation; and remove any trash or other debris. The Association shall establish and charge reasonable fees to the owners of such vacant Lots, for such services. Such services shall be deemed a service charge from the Association made solely to the owners of each of such vacant Lots. The owner shall be liable for reasonable attorneys, fees and costs incurred by the Association in collecting such service charge. Section 6: Maintenance of Landscaping. Within six(6)months after issuance of a Certificate of Occupancy for a residence on each Lot,the owner of such Lot shall plant at least ten (10) trees. Five (5) of the ten trees must have trunks that are at least three inches (3") in diameter when planted, and at least three(3)of the remaining five (5)trees shall be evergreens, which shall be 6 to 8 feet in height when planted. No trees may he planted over the leach field. The location of the trees, which impact views of another Lot shall be subject to approval of the Architectural Review Committee. The landscaping on each Lot shall be maintained by the owner, subject however,to the right of tine Association to perform any maintenance deemed necessary or desirable to maintain the high standards established for the Property, and to assess such owner for such required maintenance. If any owner fails to maintain landscaping on such owner's Lot in accordance with such requirements, the Association may give the property owner written notice to perform necessary maintenance within no less than fifteen (15)days after such notice is given, and if the owner fails to perform such maintenance work within that time, the Association may have such work done at the expense of the owner of the Lot. If the work is done by the Association at the owner's expense,the owner shall pay fur such work within ten(10)days after notice is given in writing to the owner as to the cost of such work. if the owner fails to pay within said time and the Association thereafter incurs reasonable attorney's fees and costs in collecting such amount from the owner,oil such attorney's fees and costs incurred shall likewise be a debt owing by the owner to the Association. Section 7: Maintenance of Exteriors of Residences and other Buildings. The exteriors of all residences. hams, sheds. and other buildings within the Property shall be maintained in good, attractive condition by the owners thereof. All residences shall be painted or stained periodically as needed. The Association may require an owner to paint or stain his or her residence and other buildings, and upon such owner's failure to do so, the Association may cause such residence or other buildings to be painted or stained and to assess such owner for the costs incurred thereby. If any owner fails to maintain the exterior of a building on such owner's Lot in accordance with the foregoing requirements. the Association may give the owner written notice to perform such work within no less than fifteen (15) days after such notice is given, and if the owner fails to perform such work r`it n'.U.fdtIr,Wvt.NANTS FINA.LAWAJ 9 PDF created with pdfFactory trial version www.pdffactory.com within that time, the Association may have such work done at the expense of the owner. lithe work is done by the Association at the owner's expense,the nwner shall pay for such work within three(3)days after notice is given in writing to the owner as to the cost of such work, If the owner fails to pay within that time and if the Association thereafter incurs reasonable attorney's fees and costs in collecting such amount from the owner, all such attorney's fees and costs incurred shall likewise be a debt owing by the owner to the Association. Section 8; Title to Common Facilities,Open Space,and Coyote Ridge Lane. The Declarant may retain legal title to all or part of the Common Facilities and Open Space and Coyote Ridge Drive until such time as, in the opinion of the Declarant, the Association is able to maintain the same. However, the Declarant shall convey the Common Facilities,Open Space.Coyote Ridge Lane to the Association not later than thirty (30) days after the date when the Declarant is fee simple owner of only Four (4) Lots. exclusive of the Common Facilities,Open Space, road and easements. Certain Common Facilities may to located within Open Space or easement areas shown on the Plat, anc the Association shall be deemed the beneficiary of such facilities. Coyote Ridge Lane shall be constructed according to Weld County requirements but the same shall remain a private road with the Association responsible for all upkeep, maintenance and repair. Section 0: Agreement with the Reorganized Farmers Ditch Company. Attached hereby as Exhibit "B" is the Agreement dated January 14, 2004, and recorded on March 6,2006 Reception No.3368239,Weld County records between the Reorganized Farmers Ditch Company and UIV Land,LLC which makes reference to the Stillwater Acres Subdivision. The rights, duties and obligations of UIV Land, LLC and Stillwater Acres Subdivision have been transferred and assigned to Coyote Ridge P.U.D. Homeowners Association. Said Agreement, among other things, requires the Association to be responsible for all maintenance and repair of the emergency access road which is located on the South side of the Reorganized Farmers Ditch. Additionally, the Association shall Le responsible for all other commitments, covenants, rights, duties, obligations and privileges as contained in said Agreement. Section 10; Extent of Members' Easements. The rights and easements of enjoyment of the Common Facilities and Open Space shall be subject to the following: A. The rights of the Association, as provided by its Articles or Bylaws, to suspend the enjoyment rights of any member for any period during which any assessment remains unpaid;and for any period not to exceed thirty(30) days for any infraction of its published rules and regulations; and B. The right of the Association to limit the number of guests of members and the circumstances under which guests may use the Common Facilities and/or Open Space. F:'KFLu1 Mck'COVEMAI.V S t-NAL.Hpd 10 PDF created with pdfFactory trial version www.pdffactorv.com • Section 11: Nuisances. No noxious or offensive activities shall be carried on upon any Lot, nor shall anything he done thereon which may be or may become an annoyance or nuisance to the neighborhood. A majority of the Lot owners voting shall determine which activities are noxious or offensive. Section 12: Temporary Structures. No structure of a temporary character, trailer, basement, tent, storage shed or shelter, garage. barn or other outbuilding shall he permitted on any Lot at any time, either temporarily or permanently, except by the Declarant during the process of construction, or as approved by the Architectural Review Section 13: Animals. Except as set forth in this Section 13. no animals, livestock, hirds, or poultry of any kind shall be raised, bred or kept on any Lot, except that three (3) dogs and three(3)cats and other indoor, household pets may be kept if they are not kept, bred,or maintained for any commercial purpose.Additionally, horses shall be allowed and one (1) horse per complete acre cr the maximum number allowed pursuant to the Weld County Code,whichever is less,shall be permitted. The Association may promulgate rules and regulations concerning animals. No animals shall be allowed to remain tied or chained upon the Common Facilities, and any animal so tied or chained may be removed by the Association or its agents. All dog runs shall be screened from view and are subject to approval like any other structures. Pets; (not including horses) may be walked on the Common Facilities only when accompanied by a Lot owner, member of the household or person caring for the pet and Lot owners shall clean up after their pets. Any animal constituting a nuisance may be ordered by the Association to be kept within the enclosed portion of Its owner's Lot, or ordered expelled from the Property, Any pet making a continuous noise, such as barking, which carries to other Lots, shall be considered a nuisance. Each owner shall be responsible for any damage caused by his or her animals. Section 14: Recreational Vehicles. No trailer, motor home,camper unit, boat or similar recreational vehicle shall be parked on driveways, Lots, or be allowed to remain anywhere within the Property,except when sheltered within a garage,approved outbuilding or behind an approved screen. The location and screening method for each recreational must be approved in advance by the Architectural Review Committee. Section 15: Aerials-Antennas. No television antenna, radio antenna, aerial or similar equipment of any design shall be mounted on the exterior of any building or erected on any other portion of any Lot. No activity shall be conducted on any Lot which interferes with television or radio reception on any other Lot. Section 16: Satellite Dishes. Satellite dishes may be installed and maintained If screened from the view of other owners and occupiers of Lots. The location and screening method for each satellite disci must be approved in advance by the Architectural Review COI nrnittee. G'itFLVI.Uri R'CO'VE MAW S FMW..wpd 11 PDF created with pdfFactory trial version www.pdffactory.com Section 1 T Fencing. No fence shall be erected on any Lot within the Property except as approved in advance by the Architectural Review Committee. A. Perimeter fences that border on a street or road,the fence shall be provided by the Declarant and shall be two (2) or three (3) rails of vinyl material as determined by Declarant. D. Internal fences must be approved by the Architectural Review Committee and in accordance with the guidelines and rules promulgated pursuant to Section 2, Article VII. C. No barbed wire or electric fence shall be allowed anywhere within the Property. D. No privacy fence (higher than six feet in height) shall be allowed within an area defined as being thirty feet from any outside wall of a residence. All fencing material must match the material and color of the house and aesthetically fit the fencing in the common area as determined by the Architectural Control Committee. Section 18: Wind or Solar-Powered Generators. No wind-powered or solar- powered generator or pump may be installed on any Lot, unless its location and design is approved in advance by the Architectural Review Committee. Section 19: Unsightly Uses. All Lots shall at all times be maintained in a clean and sanitary condition, and no litter or debris shall be deposited or allowed to accumulate on any Lot. All landscaping, including grass, shall he irrigated, trimmed and maintained in good condition at all times. Refuse piles and other unsightly objects or materials shall not be allowed to be placed or tc remain upon any Lot. Trash containers shall be placed in inconspicious locations. Nothing unsightly shall be hung from windows, railings, or fences. Clotheslines or other devices for hanging clothes in the open air shall be allowed if screened from the view of other Lots. Section 20: Trash Removal. All residents within the Property shall have their trash picked up by the same trash-hauling company, on the same day of the week. At each annual meeting of the Association, the Association shall pick the trash-hauling company and the day of the week for the upcoming year. Nothing in this Section 19 shall prohibit a resident within the Property from hauling trash or debris for himself or herselt. Each resident within the Property shall be separately liable for the trash-hawing charges attributable to his or her Lot. Section 21: Mineral Exploration. No Lot within Coyote Ridge P.U.D. shall be used to explore for or to remove any oil, gas, gravel, or minerals of any sort. F.JCF F'td;..^.VEKANTf 7INAL.+471 1 2 PDF created with pdfFactory trial version www.pdffactory.com Section 22: Right to Farm. In addition to Agricultural Outtnts 8A and 9A as shown on the plat, rural land surrounding the Property is used for agriculture. Persons moving to the Property must recognize that there are agricultural practices ongoing and which may continue in the agricultural land surrounding this property. A, Agricultural users of noel land should not be expected to change their long- established agricultural practices in order to accommodate the intrusions of urean users into their area. Well run agricultural activities will generate off- site impacts, including noise from tractors and equipment;dust from animal pens, field work, harvest, and dirt roads; odor from animal confinement, silage and manure; smoke from ditch burning;flies and mosquitoes;wildlife; the use of pesticides, herbicides and fertilizers in the fields, including the use of aerial spraying. Ditches and reservoirs cannot simply be moved without threatening the efficient delivery of irrigation to fields which is essential to farm production. B. The rural nature of this Property is such that law enforcement response time will be slower than in an urbanized area. Snow removal will be slow, if it is done at all. Children are exposed to different hazards in rural areas than in urban settings. Farm equipment, ponds,irrigation ditches,electrical pumps, sprinkler systems,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 surrounding agricultural Interests. Section 23: Home Occupations. The conduct of a home occupation within a Residence on a Lot shall be considered accessory to the residential use and not a violation of these Covenants provided that they are in accordance with the Weld County Code. Section 24: Disabled Vehicles. Disabled automobiles shall not be stored on Coyote Ridge Lane, driveways, or lots within the Property. No person shall repair or rebuild any vehicle within the Property, except within a garage. Cars allowed on the streets and driveways in the Property must at ail times be operable, currently licensed, and maintain a current inspection sticker (If such inspection is required by a governmental entity). Section 25: Restrictions on Leasing of Residences. An owner may lease his residence subject only to the following restrictions: A, No Lot owner may lease less than the entire residence. B. Any lease agreement shall be required to provide that the terms of this lease shall be subject in all respects to the provisions of this Declaration, and the F 4KFLUKMErr,C VFNANT$ i►A-waa 13 PDF created with pdfFactory trial version www.pdffactorv.com Bylaws of the Association, and that any failure by the lessee to comply with the terms of such documents shall be a default under the lease. C. Ali leases shall be in writing and for a term nut less than thirty(30) days. Section 26: Trees, Ground Covert Grading and Drainage. No grading or other soil or earthwork shall be performed on a Lot until plans for placing improvements on such Lot have been properly approved by the Architectural Review Committee, and then only to the extent contemplated by such approved plan. After completion of each set of Improvements on a Lot, the ground shall be restored, as nearly as possible, to its original contours and appearance. Contour changes of more than one foot from existing grades shall require the approval of the Architectural Review Committee.Alt excavations must be in accordance with the drainage plans for the PUD and no existing irrigation and/or drainage pattern shall be changed that affect quality, volume or velocity of flow in the Reorganized Farmers Irrigation Ditch or Greeley and Loveland Canal. Furthermore, all drainage and runoff shall comply with the Exhibit GB"Agreement. Section 27: Hazardous Materials. Storage, use or disposal of hazardous or radioactive materials within the Property is prohibited, unless specifically approved in advance by the Architectural Review Committee. Section 28: Solar Devices. The utilization of passive or active solar energy devices is encouraged. However. all solar devices must either be architecturally and aesthetically Integrated into the stnicture they serve or be screened from the view of the street and adjacent Lots and streets. All solar devices, and their placement. must be approved by the Architectural Review Committee. Section 29: Commencing and Finishing Construction. Once construction of any structure is commenced on any Lot,with the prior approval of the Architectural Review Committee, such structure must be diligently continued and completed in accordance with the plans and specifications approved by the Architectural Review Committee,within nine months of commencement,or such longertime as the Architectural Review Committee has reasonably consented to, in light of the nature of the project or other factors. Commencement of construction shall he deemed to commence with the first substantial construction activity(including earthwork). Section 30: Rebuilding. Any structure which is destroyed in whole or in part by fire, windstorm or from any other cause or act of God must be rebuilt,or all debris must be removed and the Lot restored to a sightly condition, within six months of the time the damage occurs. Section 31: No Trucks or the Like. No trucks; trail bikes; recreational vehicles: snowmobiles; campers; trailers; personal watercraft, boats; boat trailers; vehicles other than passenger vehicles or pickup or utility trucks with a capacity of one ton or less; shall F:•.KF..1.1LVEctc�VE-N.NtS=lNhl..apd 14 PDF created with pdfFactory trial version www.pdffactory.com be parked, stored or otherwise kept on any Lot or street within the Property, unless kept in a closed garage, approved outbuilding or behind an approved screen. The foregoing restrictions shall not be deemed to prohibit commercial and construction vehicles from making deliveries or otherwise providing services to the Lots,in the ordinary course of their business. Section 32: Outside Lighting. No exterior lighting shall be installed or maintained on any Lot except as approved by the Architectural Review Committee. All such exterior lighting shall be located only in locations or upon structures as approved. All such lighting must be in enclosed recessed fixtures and designed or styled to shine"down" rather than up or horizontal. Exposed light sources will net be permitted. Section 33: No Subdivision. No Lot shall be subdivided or utilized for more than one detached single family dwelling (with associated outbuildings and structures). Section 34: Advertising. Declarant may maintain advertising signs on the Common Facilities within the Property, subject to state laws and local ordinances. Section 35: Entrance Ways. The owner of each Lot shall install entranceway features, and Declarant will provide all plans and specifications for such features. Section 36: Leach Fields. In order to protect the operation of the leach fields on each lot, no permanent landscaping, structures, dirt mounds or other items that may interfere with the operation of the leach fields shall be placed over the leach field. No such leach field shall interfere cc leach or runoff into any adjoining irrigation ditch or canal. ARTICLE VII ARCHITECTURAL STANDARDS Section 1: Restrictions. No building, barn, corral, shed, storage structure, awning, fence ur any other structure shall be erected, placed or altered on any Lot, nor shall there be any external modifications to any such structure, until the plans and landscaping specifications showing the nature, kind, shape, height, materials, color and location of the same have been submitted to and approved in advance by the Architectural Review Committee in writing. No landscaping shall be installed on any lot, or altered thereafter, unless a landscaping plan showing the nature,type, height, and location of the proposed landscaping improvements has been submitted to and approved in advance by the Architectural Review Committee,in writing. Without limiting the generality of the foregoing, prior approval of the Architectural Review Committee must be obtained fcr any of the following: (I)attachments to the exterior of a structure, (ii)installation of greenhouses, (iii) installation of patio covers, landscaping, screening, trellises and the like, (iv) change in exterior paint colors, (v)installation of any barn, corral, shed,or storage building and (vi) any other exterior change,including cosmetic changes such as garage doors,shutters and the like. The authority of the Architectural Review Committee shall extend to the quality, F.va.L',IN.IA[R COVENS,KTS FNNAL.wpd 15 PDF created with pdfFactory trial version www.pdffactory.com workmanship and materials for any structure proposed;conformity and harmony of exterior design,color and finish with existing structures within the Property;location of all structures with respect to the existing buildings, topography and finished ground elevation; the total number of structures and all other matters required to assure that such structures enhance the quality of the Property and are erected in accordance with the plan for the Property. The exterior walls of all main dwellings which face Coyote Ridge Lane shall have at least 50% of such exterior surface covered with stucco, stone or stone type material as approved by the Architectural Review Committee. Section 2: Guidelines and Rules. The Architectural Review Committee may adopt Guidelines and Rules governing the type of structures to be permitted in the Property, permitted construction materials and the like. These Guidelines and Rules are made for the purpose of creating and keeping the Property, so far as possible, desirable, attractive, beneficial, un+form, and suitable in architectural design, materials, and appearance; limiting the use o`Lots to single family residential buildings;guarding against unnecessary interference with the natural beauty of the Property;and prohibiting improper uses of adjoining properties in the Property, all for the mutual benefits and protection of all owners. Any structure located within the Coyote Ridge P.U.D. may be required to have an in-structure fire suppression system as determined by the Fire Code and Fire District having jurisdiction over the property. Section 3: Size. The dwelling space of the home, exclusive of the garage, shall contain a minimum of 3,400 square feet of finished living space. No building shall exceed 40 feet in height,and no building shall exceed two stories and loft as viewed from the street side. One lower level is allowed and may be exposed to daylight. Earth sheltered homes shall not be permitted. All dwellings must be constructed on site. Section 4: Garages and Parking. Garages and Parking. Each residence shall include an attached garage having space for not less than two automobiles. An additional garage may be constructed Section 5: Materials and Workmanship. All improvements shall be constructed of good and suitable materials, and all workmanship shall result in first class construction and shall be accomplished in a good and workmanlike manner. Section 6: Accessory Buildings. Barns, garages, as well as small sheds for storage of lawn furniture, yard equipment, gardening equipment, and similar type items, which are well constructed and neat of appearance, shall be permitted, providing the sire, design, material, color and location of said structure shall be subject to prior approval by the Architectural Review Committee.The material and color shall fit with the main dwelling as determined by the Architectural Review Committee. ARTICLE VIII ARCHITECTURAL REVIEW COMMITTEE t I4I-L'.LIIMERICOVENANTS FI Ai..hpd 16 PDF created with pdfFactory trial version www.pdffactory.com Section 1: Establishment and Membership of Architectural Review Committee. An Architectural Review Committee has been established by Declarant. The Architectural Review Committee shall continue until such time as the Association may be dissolved, The Architectural Review Committee shall Initially consist of two (2) members appointed by Declarant. Until all Lots have been sold by the Declarant,the Declarant shall appoint the Architectural Review Committee, including replacement members for any person who retires. resigns, or otherwise becomes unavailable for service as a member or alternate member of the Architectural Review Committee. The Association shall name the members of the Architectural Review Committee, once the Declarants exclusive right tc do so ceases, Members of the Architectural Review Committee appointed by Declarant may be removed at any time by Declarant and shall serve until they resign or are removed by Declarant Members of the Architectural Review Committee appointed by the Association may be removed at any time by the Association, and shall serve for such term as may be designated by the Association or until they resign or are removed by the Association. Section 2: Professional Builder. The owner of each Lot shall retain a qualified, professional contractor to construct the residence and all significant improvements on such owner's Let. Section 3: Address of Architectural Review Committee. The address of the Architectural Review Committee shall be at the principal office of the Association. Section 4: Submission of Plans. Priorto commencement of work to accomplish any proposed improvement to property,the person proposing to make such improvement to property("Applicant") shall submit to the Architectural Review Committee at its offices such descriptions, surveys, plot plans, drainage plans, elevation drawings, landscaping plans, construction plans, specifications and samples of materials and colors as the Architectural Review Committee shall reasonably request showing the nature,kind,shape, height,width,color, materials, and location of the proposed improvement to property. The Applicant shall be entitled to receive a receipt for the same from the Architectural Review Committee or its authorized agent. The Architectural Review Committee may require submission of additional plans, specifications or other information prior to approving or disapproving the proposed improvement to property. Until receipt by the Architectural Review Committee of all required materials in connection with the proposed improvement to property, the Architectural Review Committee may postpone review of any materials submitted for approval. Section 5: Criteria for Approval. The Architectural Review Committee shall approve any proposed improvement to property only if it deems in its reasonable discretion that the improvement to property in the location indicated will not be detrimental to the appearance of the surrounding areas of the development as a whole;that the appearance of the proposed improvement to property will be in harmony with the surrounding areas of f!,xrl' LW£Rca EYA4r FOOL u.pd 17 PDF created with pdfFactory trial version www.pdffactorv.com the development area; that the improvement to property will not detract from the beauty, wholesomeness and attractiveness of the development area or the enjoyment thereof by Owners; and that the upkeep and maintenance of the proposed improvement to property will not become a burden on the Community Association. The Architectural Review Committee may condition its approval of any proposed improvement to property upon the making of such changes therein as the Architectural Review Committee may deem appropriate. Section 6: Architectural Review Committee Guidelines or Rules. The Architectural Review Committee shall issue guidelines or rules relating to the procedures, materials tc be submitted and additional factors which will be taken into consideration in connection with the approval of any proposed improvement to property. Section 7: Architectural Review Fees. The Architectural Review Committee shall require the applicant to pay all costs and expenses for review of any proposed improvement to property. Section 8: Decision of Architectural Review Committee. The decision of the Architectural Review Committee shall be made within fifteen (15)days after receipt by the Architectural Review Committee of all materials required by the Architectural Review Committee. The decision shall be in writing and, if the decision is not to approve a proposed improvement to property,the reason therefor shall be stated.The decision of the Architectural Review Committee shall be promptly transmitted to the Applicant at the address furnished by the Applicant to the Architectural Review Committee. Section 9: Failure of Architectural Review Committee to Act on Plans. Any request for approval of a proposed improvement to property shall be deemed approved as proposed, unless disapproval or a request for additional information or materials is transmitted to the applicant by the Architectural Review Committee within fifteen(15) days after the date of receipt by the Architectural Review Committee of all required materials. Section 10: Notice of Completion. Promptly upon completion of the improvement to property, the applicant shall give written notice of completion to the Architectural Review Committee and,for all purposes hereunder,the date of receipt of such notice of completion by the Architectural Review Committee shall be deemed to be the date of completion of such improvement to property. Section 11: inspection of Work. The Architectural Review Committee or its duly authorized representative shall have the right to inspect any improvement to property prior to or after completion,provided that the right of inspection shall terminate fifteen(15) days after the Architectural Review Committee shall have received a notice of completion from the applicant. F:,rrANAI,(Err.crnTvA'fTS F.rdu.wpy 18 PDF created with pdfFactory trial version www.pdffactorv.com Seciion 12: Notice of Noncompliance. If,as a result of inspections or otherwise, the Architectural Review Committee finds that any improvement to property has been done ✓ithout obtaining the approval of the Architectural Review Committee or was not done in substantial compliance with the description and materials furnished by the Applicant to the Architectural Review Committee or was not completed within one year after the date of approval by the Architectural Review Committee,the Architectural Review Committee shall notify the applicant in writing of the noncompliance which notice shall be given, in any event, within thirty(30) days after the Architectural Review Committee receives a notice of completion from the applicant. The notice shall specify the particulars of the noncompliance and shall require the applicant to take such action as may he necessary to remedy the noncompliance. Section 13: Failure of Architectural Review Committee to Act After Completion. If, for any reason other than the applicant's act or neglect, the Architectural Review Committee fails to notify the applicant of any noncompliance within thirty(30)days after receipt by the Architectural Review Committee of written notice of completion from the applicant, the improvement to property shall be deemed in compliance if the improvement to property was, in fact, completed as of the date of notice of completion. Section 14: Correction of Noncompliance. If the Architectural Review Committee determines that a noncompliance exists,the applicant shall remedy or remove the same within a period of not more than forty-five (45)days from the date of receipt by the applicant of the ruling of the Architectural Review Committee. If the applicant does not comply with the Architectural Review Committee's ruling within such period,the matter may be referred to the Association, and the Association may, in its discretion, record a notice of noncompliance against the real property on which the noncompliance exists, may institute judicial proceedings to allow it to remove the noncomplying improvement, or may otherwise remedy the noncompliance, and the applicant shall reimburse the Association, upon demand, for all expenses incurred therewith. If such expenses are nut promptly repaid by the applicant or owner to the Association, the Association may levy a reimbursement assessment against the owner for such costs and expenses. The right of the Association to remedy or remove any noncompliance shall be in addition to all other rights and remedies which the Association may have at law, in equity, or under this Declaration. Section 15: No Implied Waiver or Estoppel. No action or failure to act by the Architectural Review Committee or by the Association shall constitute a waiver or estoppel with respect to future action by the Architectural Review Committee or the Association with respect to any improvement to property Specifically, the approval by the Architectural Review Committee of any improvement to property shall not constitute approval of, or obligate the Architectural Review Committee to approve, any similar proposals, plans, specifications or other materials submitted with respect to any other proposed improvement. f•f,FLA .wRIccVE"{ANrn no:At eel 19 PDF created with pdfFactory trial version www.pdffactorv.com Section 18: Architectural Review Committee Power to Grant Variances. The Architectural Review Committee may authorize variances from compliance with any of the provisions of this Declaration or any Supplemental Declaration, including restrictions upon height, size, floor area or placement of structures or similar restrictions, when circumstances such as topography, natural obstructions, hardship, aesthetic or environmental considerations may require. Such variances must be evidenced in writing and shall become effective when signed by at least a majority of the members of the Architectural Review Committee. If any such, variance is granted, no violation of the provisions of this Declaration or any Supplemental Declaration shall be deemed to have occurred with respect to the matter forwhich the variance was granted;provided, however, that the granting of a variance shall not operate to waive any of the provisions of this Declaration or any Supplemental 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, including, but not limited to, zoning ordinances and setback lines or requirements imposed by any governmental authority having jurisdiction. Section 17: Compensation of Members. Members of the Architectural Review Committee shall receive no compensation for services rendered,except for its professional members, who shalt be reasonably compensated for their services. All members shall receive reimbursement of out of pocket expenses incurred by them in the performance of their duties hereunder. Section '18: Meetings of Architectural Review Committee. The Architectural Review Committee shall meet from time to time as necessary to perform its duties hereunder. The Architectural Review Committee may, from time to time, by resolution in writing adopted by a majority of the members,designate a Architectural Review Committee Representative (who may, hut need not. be one of its members) to take any action or perform any duties for or on behalf of the Architectural Review Committee, except the granting of approval to any improvement to property and granting of variances. The action of such Architectural Review Committee Representative within the authority of such Architectural Review Committee Representative or the written consent or the vote of a majority of the members of the Architectural Review Committee shall constitute action of the Architectural Review Committee. Section 19: Records of Actions. The Architectural Review Committee shall report in writing to the Association's Board of Directors all final actions of the Architectural Review Committee and the Architectural Review Committee shall keep a permanent record of such reported actions. Section 20: Estoppel Certificates. The Association shalt, upon the reasonable request of any interested party and after confirming any necessary facts with the Architectural Review Committee, furnish a certificate with respect to the approval or r u(CL..uLUCZ,.fAV_NANTS Fir04.me 20 PDF created with pdfFactory trial version www.pdffactory.com disapproval of any improvement to property or with respect to whether any improvement to property was made in compliance herewith. Any person without actual notice to the contrary shall be entitled to rely on said certificate with respect to all matters set forth therein. Section 21: Non-liability for Architectural Review Committee Action. None of the Architectural Review Committee, any member of the Architectural Review Committee. any Atchitectural Review Committee Representative, the Association, any member of the Association's Board of Directors or Declarant shall be liable for any loss, damage or injury arising out of or In any way connected with the performance of the duties of the Architectural Review Committee unless due to the willful misconduct or bad faith of the party to be held liable. In reviewing any matter, the Architectural Review Committee shall not be responsible fur reviewing, nor shall its approval of, an improvement to property be deemed approval of the improvement to property from the standpoint of safety, whether structural or otherwise, or conformance with building codes or other governmental taws or regulations ARTICLE IX THE ASSOCIATION Section 1: Articles of Incorporation and Bylaws. The interests of all Lot owners shall be governed and administered by the Articles of incorporation and Bylaws of the Coyote Ridge P.U.D. Homeowners Association and by this Declaration. In the event of a conflict between the provisions of this Declaration and the Articles of Incorporation or the Bylaws of the Association, the terms cf this Declaration shall be controlling. Section 2: Membership. Each owner of a Lot, upon becoming an owner, shall be a member of the Association and shall remain a member for the period of his ownership Section 3- Examination of Books by First Mortgagee. The holder cf any recorded first mortgage or deed of trust on a Lot in the Property will, upon request, be entitled to: (a) Inspect the books and records of the Association during norniel business hours; (b) Receive an annual financial statement of the Association within ninety(90) days following the end of each fiscal year of the Association; and (c) Written notice of all meetings of the Association and shall be permitted to designate a representative to attend all such meetings. F4(FIAJLLiMrn1,5KANIS F 21 PDF created with pdfFactory trial version www.pdffactorv.com Section 4: Powers.The Association shall be granted all of the powers necessary to govern, manage, maintain, repair, administer and regulate the Open Space, Common Facilities and roads, and to perform all of the duties required of it. Notwithstanding the above, unless at Ieast100 percent of the first mortgagees of Lots(based upon one vote for each first mortgage mimed or held)have given their prior,written approval, and except or otherwise provided herein, the Association shall not be empowered or entitled to: (a) By act or omission, seek to abandon or terminate the Declaration; (b) By act or omission,seek to abandon, partition, subdivide, encumber, sell or transfer the Open Space: and (c) Use hazard insurance proceeds for loss to the Open Space and Common Facilities improvements for other than repair, replacement or reconstruction of such improvements. Section 5: Open Space, Common Facilities, Outiots and Roads. The maintenance and operation of the Open Space, Common Facilities, Outlots A through D, Coyote Ridge Lane and the emergency access road shall be the responsibility and the expense of the Association, and the costs therefor shall be an Association expense of all the Lot owners in equal proportion. 1/10th to each Lot. The Association reserves the right to provide for snow removal or road maintenance, including paving of roads within the property which expense shall be allocated as set forth above. Shown upon the final plat is an existing parcel of land identified as Lot"A" of Amended Recorded Exemption No. 3340 which is not a part of the Coyote Ridge P.U.O. This property does have the right of ingress and egress to and from Coyote Ridge Lane, hut said Amended Recorded Exemption lot shall not be responsible for any costs or expenses related to said Coyote Ridge Lane except fur any damages caused to Coyote Ridge Lane by negligent use by the owner of the Amended Recorded Exemption lot. As to the irrigation facilities and structures located upon Outlets A, D, B and Lot 8, and Agricultural Outlet 8A,all costs and expenses of operation,use and maintenance shall be the responsibility of the owners of Agricultural Outlet 8A and Lot 8, for which each shall be responsible for one-half(1/4) of all such costs and expenses. Section 6: Open Space and Road Additions,Alterations,or Improvements - Limitations. There shall bo no additions, alterations or improvements of or to the Open Space, Common Facilities or roads by the Association requiring an assessment in excess of Seven Hundred Fifty Dollars ($750.00) per Lot in any one calendar year without the prior,wn1ten approval of e majority of the members of the Association voting in accordance with the quorum, and voting provisions of the Bylaws of the Association, at a special or regular meeting of the Association members. r ttxhtE 4lCOYsNANTS'1NM.r j'n 22 PDF created with pdfFactory trial version www.edffactory.com Section 7: Fire Protection. The Declarant has provided fire hydrants and the Homeowners Association shall be responsible for maintenance of these fire hydrants. Section 8: Formula for Determining Assessments. Declarant shall pay ail common expenses through 2006. Commencing for calendar year 2007 and subsequent years, assessments shall be made no less frequently than annually and shall be based upon a budget adopted no less frequently than annually by the Association. All assessments shall be apportioned among all Lots within the Property, 1/10th to each Lot. The owners of each Lot on which a Certificate of Occupancy has been issued for a residence by June 1 of such preceding year shall pay assessments that are double the assessments for Lots on which no such completed residence exists as of said date. If an annual assessment is not made as required, an assessment shall be presumed to have been made in the amount of the last prior assessment. Section 9: Based Upon Budget. Assessments shall be based upon the budget which shall be established by the Board of Directors at least annually, which budget shall he based upon the cash requirements deemed to be such aggregate sum as the Board of Directors of the Association shall from time to time determine is to be paid by all of the Lot owners to provide for the payment of all expenses growing out of or connected with the maintenance, repair, operation, additions, alterations and improvements of and to the Common Facilities, Outlets, roads and Open Space, which sum may include, but not be limited to, expenses of management; taxes and special assessments unless separately assessed; premiums for insurance, landscaping and care of grounds: repairs and renovations;wages;common water charges;legal and accounting fees;management fees; expenses and liabilities incurred by the Association or any of its agents or employees on behalf of the Lot owners under or by reason of this Declaration and the Articles of Incorporation and Bylaws of the Association; for any deficit remaining from a previous period; for the creation of reasonable contingency reserve, working capital and sinking funds as well as other costs and expenses relating to the Common Facilities; and for maintaining a reserve fund for replacement of Common Facilities, which shall be funded by regular monthly payments rather than special assessments. The contingency reserve should also provide adequate funds for maintenance and snow removal and possible resurfacing for any roads within the property. The Association shall comply with the requirements of Section 38-33.3-303(4)of the Colorado Common Interest Ownership Act, relative to the proposal and adoption of such budget. Section 10: Assessments For Other Charges. The Association shal; have the right to charge Lot owners for special services provided by the Association to such owner including, but not limited to, those matters set forth in Articles VI and VIII of this Declaration. That is, such services shall be deemed to have been provided for the exclusive benefit of such Lot owners under Section 38-33.3-315(3)(b) of the Act. The Association shall also have the right to charge a Lot owner for any expense caused by the misconduct of such Lot owner,in which event such expense may be assessed exclusively against such owner. The Association shall have the right to impose a lien for any such F''FCFL';JI AA MCOv'CNAN i S f IMAl.wpd 23 PDF created with pdfFactory trial version www.pdffactorv.com special service charges or charges due to misconduct that are not paid when due;said lien shall Include court costs and reasonable attorneys' fees Incurred by the Association in cnllectina said charges. Section 11: No Other Common Facility Liens. No additional liens, other than mechanics liens, assessment liens or tax liens, may be obtained against the Common Facilities, and no other assessments, debts or other obligations are assumed by Lot owners, other than as set forth herein. Section 12: Assessments, The total amount of expenses and special service and misconduct charges assessed against each Lot shall be the personal and individual debt of the owner thereof. No owner may exempt himself from liability for contribution towards the common expenses by waiver of the use or enjoyment of any of the Common Facilities or by abandonment of his Lot. An owners loss of a Lot by foreclosure or by proceedings in lieu of foreclosure shall not cancel or terminate such owner's liability for assessments and changes accrued prior to the date hereof. The Association shall have the authority to take prompt action to collect any unpaid assessment or special service charge which remains unpaid for more than thirty (30) days from the due date for payment thereof. In the event of default in the payment of a special service charge or assessment, the Lot owner shall be obligated to pay interest at the rate of eighteen percent (18%) per annum on the amount of the assessment from due date thereof, together with all expenses, including attorneys' fees, incurred together with such late charges as are provided by the Bylaws or Rules of the Association. Suit to recover a money judgment for unpaid special serrice charges or assessments shall be maintainable without foreclosing the lien described in Section 13 below and such suit shall not be or construed to be a waiver of lien. Section 13: Notice of Lien. All sums assessed but unpaid for the share of common expenses chargeable to any Lot and all sums for special services provided by the Association and charges due to misconduct that are not paid when due shall constitute the basis for a lien on such Lot superior to all other liens and encumbrances, except only for tax and special assessment Hens on the Lot in favor of any governmental assessing entity, and all sums unpaid on a first mortgage or first deed of trust of record, including all unpaid obligatory sums as may be provided by such encumbrances. To evidence such lien, the Association shall prepare a written notice of lien assessment setting forth the amount of such unpaid indebtedness, the amount of the accrued interest and late charges thereon, the name of the owner of the Lot and a description of the Lot. Such notice of lien shall be signed by one of the officers of the Association on behalf of the Association and shall be recorded in the office of the County Clerk and Recorder of Weld County, Colorado. Such lien shall attach and be effective from the due date of the assessment until all sums,with interest and other charges thereon, shall have been paid In full. Section 14: Enforcement of Lien. Such lien may be enforced by the foreclosure of the defaulting owner's Lot by the Association in like manner as a mortgage on real r`*:ri'or.s•tk.c;cnc wNTs rwu.v.oe 24 PDF created with pdfFactory trial version www.pdffactorv.com property upon the recording of the above nctice of lien. In any such proceedings. the owner shall be required to pay the costs, expenses and attorneys'fees incurred for filing the lien, and in the event of foreclosure proceedings, all additional costs,all expenses and reasonable attorneys' fees incurred. The owner of the Lot being foreclosed shall be required to pay to the Association any assessment or special service charge whose payment becomes due for the Lot during the period of foreclosure, and the Association shall be entitled to a receiver during foreclosure. The Association shall have the power to bid on the Lot at foreclosure or other legal sale and to acquire and hold, lease, mortgage, vote the votes appurtenant to, convey or otherwise deal with the same upon acquiring title to such Lot. Section 15: Report of Default. The Association, upon request, shall report in writing to a first mortgagee of a Lot any default in the performance by any Lot mortgagor of any obligation under the Declaration which is not cured within sixty (60)days. Section 16: Release of Lien. The recorded lien may be released by recording a Release of Lien signed by an officer of the Association on behalf of the Association. Section 17: Lien Subordinate to First Mortgage - Limitations. The lien for special service charges and assessments provided for herein shall be subordinate to the lien of any first mortgage or deed of trust now hereafter placed upon the Lot subject to assessment: PROVIDED, HOWEVER, that such subordination shall apply only to the assessments which have become due and payable prior to a sale or transfer of such Lot pursuant to a decree of foreclosure, or any other proceeding In lieu of foreclosure. Such sate or transfer shall cause such Lot and grantee thereunder to be relieved of liability for such prior assessments but shall not relieve such Lot or grantee from liability from any assessments thereafter becoming due, nor from the lien of any such subsequent assessment. Section 18: First Mortgage Foreclosure. Notwithstanding any of the terms or provisions of this Declaration,in the event of any default on the part of an owner under any first mortgage or first deed of trust which entitles the holder thereof to foreclose the same. any sale under such foreclosure, including the delivery of a deed in lieu to such first mortgagee, shall be made free and clear of all then due and owing assessments. No first mortgagee shall be liable for any unpaid common expense assessments accruing prior to the time such mortgagee receives a deed to a Lot. Section 10: Joint Liability Upon Transfer. Upon payment to the Association of a reasonable fee not to exceed Twenty-Five Dollars($25.00),and upon the written request of any owner or any mortgagee or prospective owner of a Lot, the Association shall issue a written statement setting forth the amount of the unpaid common expenses, if any, with respect to the subject Lot,the amount of the current monthly assessment and the dale that such assessments becomes due, credit for any advanced payments of common assessments, for prepaid items, such as prepaid items, such as insurance premiums, but F'v<Fu_JLMERIcAvENMTr r{ML 25 PDF created with pdfFactory trial version www.pdffactorv.com not including accumulated amounts for reserves or sinking funds,if any,which statements shall be conclusive upon the Association in favor of all persons who rely thereon in good faith. Unless such request for a statement of indebtedness shall be complied with within twenty (20) days, all unpaid ccmmon expenses which become due prior to the date of making such requests shall be subordinate to the rights of the person requesting such statement and in the case of a grantee of such Lot, the grantee shall not be liable for; nor shall the Lot conveyed be subject to a lien for any unpaid assessments against said Lot. The provisions set forth in this Section 18 shall not apply to the initial sales and conveyances of the Lots made by Declarant,and such sales shall be free from all common expenses to the date of conveyance. Section 20: Mortgages - Priority. Each owner shall have the right from time to time to mortgage or encumber his interest by deed of trust, mortgage or other security instrument. A first mortgage shall be one which has first and paramount priority under applicable law. The owner of a Lot may create junior mortgages, liens or encumbrances on the following conditions:(1)that any such junior mortgages shall always be subordinate to all of the terms,conditions,covenants,restrictions,uses, limitations,obligations,lien for unpaid assessments, and other obligations created by this Declaration, the Articles of incorporation and the Bylaws of the Association; (2)that the mortgagee under any junior mortgage shall release, for the purpose of restoration of any improvements upon the mortgages premises, all of his right, title and interest in and to the proceeds under all insurable policies upon said premises held by the Association. Such release shall be furnished forthwith by a junior mortgagee upon written request of the Association, anti if such request is not granted, such release may be executed by the Association as an attorney-in-fact for such junior mortgage.Additionally,any mortgage or lion is subordinate to these Covenants and the approved Development Agreement. ARTICLE X GENERAL PROVISIONS Section '1: Duration. Subject to the provisions of Section 1 of this Article. this Declaration shall remain in full force and effect, shell run with the land and shall be binding on all persons having any interest in any Lot in the Property fora period of thirty(30)years from the date this Declaration is recorded and thereafter shall be automatically extended for successive periods of ten (10)years unless an instrument signed by 80% of the then- owners of Lots in the Property has been recorded agreeing to change or terminate the Declaration in whole or in part. Section 2: Amendments. Subject to Article X, Section 9 of this Declaration, or any portion thereof, may be amended or revoked at any time by an instrument in writing signed by the owners of at least eighty percent (80%)of the Lots In the Property and one hundred percent (100%)of the folders of recorded first mortgages or deeds of trust.Any amendment shall be effective only upon the recordation of the written amendment or ratification thereof containing the necessary signatures of Lot owners and encumbrance t.vcn..u.raepT.OV ►ANCT FINAL...v(4 26 PDF created with pdfFactory trial version www.pdffactory.com holders. No amendment to this Declaration may be made which conflicts with any of the laws of the State of Colorado, or ordinances of the County of Weld. No amendment shall affect any rights of Declarant unless approved in advance by and consented to by Declarant in writing. Furthermore, any amendment to this declaration regarding maintenance of Common Facilities or Open Space shall not be amended, modified, or terminated without the written consent and approval of the Board of County Commissioners of Weld County, Colorado. Section 3: Severability. Any provision of this Declaration invalidated in any manner whatsoever shall not he deemed to impair or affect in any manner the validity, enforcement or effect of the remainder of this Declaration and, in such event, all of the other provisions of this Declaration shall continue in full force and effect as if such invalid provision had never been includes herein. Section 4: Disclaimer_ No claim or cause of action shall accrue in favor of any person in the event of the invalidity of any covenant or provision of this Declaration or for the failure of the Architectural Review Committee or Declarant to enforce any covenant or provision hereof. This Section 4 may be pleaded as a full bar to the maintenance of any such action or arbitration brought in violation of the provisions of this Article. Section 5: Waiver. No provision contained in this Declaration shall be deemed to have abrogated or waived by reason of any failure to enforce the same, regardless of the number of violations or breaches which may occur. Section 6. Captions. The captions herein are inserted only as a matter of convenience and for reference and in no way define, limit or describe the scope of this Declaration nor the intent of any provision hereof. Section 7: Construction. The use of the masculine gender in this Declaration shall be deemed to include the feminine and neuter genders, and the use of the singular shall he deemed to refer to the plural, and vice versa, when the context so requires. Section 8: Notices. Notices required or permitted by this Declaration shall be made in writing. Nctice to a member of the Association shall be sufficient if sent by United States mail, sufficient postage prepaid, to the latest address given by such member to the Secretary of the Association. In such event, notice shall be deemed effective three (3) days after such deposit into the United States mail. Notices may also be given by certified or registered mail, or by hand delivery If hand delivered, notice shall be effective on the date that delivery is accomplished. If sent by registered or certified mail. notice shall be deemed effective three(3)days after deposit into the United States mail,sufficient postage prepaid. FNARAULMFR'.[;OWNANTS FIN/+L.x•pd 27 PDF created with pdfFactory trial version www.pdffactorv.com Section 9: Dissolution. The Homeowners Association cannot be dissolved without the written approval of the governmental entity having jurisdiction aver the Property. Section 1C: Enforcement. These Covenants may be enforced by any Lot Owner, the Declarant, or the governmental entity having jurisdiction over the Property. In the event of an enforcement action, the prevailing party shall be entitled to an award of all reasonable and appropriate costs, expenses and attorney fees. IN WITNESS WHEREOF. the Declarant has caused this Declaration to be executed as of the day and year first above written. COYOTE RIDGE LAND HOLDINGS LLC UIV LAND, LLC By: _.... .._......._._� By: Nolan Ulmer, Manager Nolan Ulmer, Member and Manager STATE OF COLORADO ) )as. COUNTY OF WELD ) The foregoing instrument was subscribed, sworn to. and acknowledged before me this day of 2006 by Nolan Ulmer as Manager of Coyote Ridge Land Holdings LLC and as Member and Manager of UIV Land. LLC. WITNESS MY HAND AND OFFICIAL SEAL My commission expires: Notary Public _ 28 PDF created with pdfFactory trial version www.pdffactory.com 1111111111111111111111111111111111111111111111111111 3368239 0319612006 02:14P Weld County. CO 12 of 14 FI 71.00 0 0.00 Stove Marano Clerk& Recorder CXI•JIBIT Sri" EASEMENT T AND RIGHT OF WAY A(R 1EN r his r:a.thuucnl and Right or Way Agreement.made an l tittered into as of the I±t..clay of 20,j4,by and between WV LAND, I C,a Colorado limited tisbility cwapaay, tieroineiter called "Grantor" (whether itrisnanatically singular et plural). and The Reorgau'recd Farmers' Ditch Company, ccr James C:ioissarrt. 2.x+442 West Count, Road IS. I xveland,Colorado tttbd7,hereinafter called the"Ditch Company" I: For good and valuate considerat:Inca.the receipt And sufficiency of which is hereby acknowleds ed,the Grantor hereby Rants,yells. ro i e;,s and transfer t to the Ditch Company,its 1.ucressors and assigns,the sole,e!xti eelveandpernercartgluttoenter,re entcx.occ:tpyanduseth hereinafter deribod property-to consfr.tct,recote tn.wt aspect,upgrade,irtctieasc size ci cigiaci ty. operate,repair.maintain, replace.retrieve Inc operate nne or more open Irrigation ditches atulfor pipe;iii attdfor reservoir;for tile storage.transrniss:on.di rrihw Kivu and service of irrigation water. anti all above ground and unde grrwn i and service!e!eppo tenvanet thereto, including metering. stall=ens,vault,.enclosures,ides tifienhon signs.tired.;,headgaces.tams and alter fixtures,over. across, under and upon the ibtlowi,tg delatritesil land, situate in tle County of Weld. State of t.:oleo,to-wit: txt•.:.1 lapin rtrxripaitate; The easement and nehe of way for ditches shall be seventy lice.vide`.Lcii thirty-five feet on each side of the cetiter tine,or 25 rev fl t411 the top of the bank orthr ditch on each side,whichever is greater. 2, Grantor further granite to the Ditch t:umpalrr, 2.01 The right to grade the casement mut for the full width thereof and to extend the cuts and tills with suet grading into and on the land along and outside of the easement to the extent its the Ditch Company may find reasonably nceessaty. 2.02. 7 he right to support the ditches.mrel pipelines across ravines and water coureees with such structures as the Ditch Cornlwny:shall clot: tteCessary; 7.03 Tire right ut'inwess to and egress from the easement over and across rat o1 the beid of Grantor by means of marls ante lanes thaacoa:,;f such t:xists,otherwise by such mute or mutes as stall occasion the least practicable damage ain:1 inayaivrxtienoe to Grantor, 2.01 The right of ensiling for.cortgructirtf;,maintaining and using such reads on end au to s the lands as the Ditch Crmalutuy a say 4Iet,n nneessary in the exercise afthe tight or ingress aid agrcss or to provide access to propetly aa;jaac:crrr iii the hunt; 2.05 '11w right to install,maintain mu]use gates a 4fcr cattle guards in st I (eneec which now crass or shall Itcreatkr cross the easciree, 2.(W The riktltt to mark the location of the esscment by suitable markers set in the ground; ;xavided that any<u:h otookett remainin;niter the period ofconstruction shall be herd in knees or .doer locations which will ream is tterti'rr with any reasonable use Grantor shall nta i e of the easemc,t; 2.07 All other tights necessary and i neident to the!WI and complete use and enjoyment of Pan PDF created with pdfFactory trial version www.pdffactory.com I I11"11111 Hilt 1111111111 111111111 III lift III III? 3308239 03/06/2006 02:14P Weld County, CO 13 of 14 R 71,00 D 0.00 Steve Moreno Clerk&Recorder the right-of-way and easement for the porposo here•n grrmeAl. 3. Grantor hereby covenants and ngre:N: 3>Of That Grantnrshatl not erect r • 'cucc or lice:out the Gre e phree any permanent bteildet i#• easement,and the Ditch Company b structure.improvement. eirremoval val they are so placed,and Grantor a< lc cp shall not be liable for their 3.02 lacer,and sha not rrs,atexcavatetenor near s sole expense to so lrrr,ovttl rnot di such kerns. g �� in the eaKThQl( or over any water lines and shall the ditch and shall not diminish the the easement car over the water lines or their eppurtnanCcit. tlxrantially fetid to the ground 3.0; ground cover in Grantor shall,lilt grant n underrr.03 said error sherty l trot.without'th w any easement. right OlLwa 3.04 r consent n! y anrntit or license uf�on, cantor warrants that(.tremor it the oar,i,•r in fee orate atyov company. will defend the title thereto as installcinii)ts,andthatsaidlndse1e.freeandc end litre,of wf:atsoevet,character,except then fine.,MK_ tkscnbed lands t.ni k;:traf eticturibr;utrsGs 4. It is agret4 by the parties: 4.0i Orantor mater ve+s all oil,gas and other minerals in,on and lands,and Grantor shall not grant any right in the surface or otherwise that wiilllrmaterially m wi,h the rigs and privilegesdttdibed 4.02 herein rt red to the Mich Company. interfere Each and every one of the benefits and burdens of this easement end ri shall inure to and he binding upon the respective personal representatives, the parties herein ght ot�►tiey �'�+�C�6Sse'-vs,and t4.tigr r;of 4.03 The easement inctitjs the,right to cleat:b system.the right tr,deposit earth and other ma( by mechanical,clnrnieal car burning the ditch matte ditch within the trials on the case,lent,the nee to elan the location 4.t?4 hin he ea easement n or to place f►hereby irrigation system in an enclosed pipe Subdivision for the expressly reserves an easement over and across the benefit of Ditch Company. it, designated suet sore employees,;nattn•i<�lrnen,and assigns fiat the � their emplo eepurpose ofcontk,e.tin 1 uchworko• re, improvement, construction, utility Installation, de n lyd !0thrt- riiwc,rf;,of activities as the Ditch Company may dealt eons aop:rt�itt, and setter r . 4.AJ The Ditch Company � �or desirable. �unnb.r ferny is granted the foil right and authority to cut, trim. remove, dLNtoy or snottily any tree s hrtrbs.grasses,structures,fens nor within the t; mt but itwor other items within the o within atcociraiun,shalt not cause a hazard within (t>t,: easement. Landowner,easement id red or 0 fences orrrti weer items i within the n plant,nor place orretain any trees,shrulxc. ra } nc c r other it c, they plant. if SS,3g, s.shrubs. tines or other items:n tti-i!a roar place or p at ary tires, ,fen e within the easement. Gates or cattle tl~ �'��' lair shall the has a; g ids Judi be installed in all tent so that the Ditch Company Ypassage to its ditch and fhciiititat. The Ditch Companysht:lt be provided keys for all locker y PDF created with pdfFactory trial version www.pdffactory.com 1 1 1 Dili llrlltl 1 IIlllti111tliliil 14 il91 83106 02.14P 1�te 14 of 14 R 71.00 D 0.00 Steve Moreno Cleric Recorder IN WITNESS WNEREOF the un ersivc4d has am Ws hand and seal as Grantor. G R A'NTOR—•-UV LAND,t,I.,C,a Colorato,J n ized liahililyonmpan / 'J iith1J &cc L ___ ' ;. olan I timer.sofa:,00rmber d Si AM Of COLORADO sa. COUNTY OF.._, 1 y-iir ( -.) 1��_ Me roregoiny:mart:menr was adcnow ledg+ed before me this I .L._.d r o: ___. ?c M, by Nolan Ulmer,sole menthe:,of LJIV LAND.t.. of Colorado limited habil' <xnnt tt:y.as Grantor. -1 Wiwi.%my hand and official seal, f •i 4 • Notary Public ..,r''"....'' •`'oj '_ My commission expires:_, +� 'In typtari, 1;y t . *.... t w. \ 11rVix a • PDF created with pdfFactory trial version www.odffactorv.com A tact of land being a part of Lots A and 14 of Recorded Exemption RE-3340 and located in the Southwest One-Quarter(SW 1/4)of Section Seventeen(17)and the Northwest One. Quarter(NW 1/4)of Section Twenty(20),Township Five(5)North.Range Sixty-Seven(67) We m-of the 6th Principal Mcridaaa,Weld County,Colorado,being more particeduly described sr Considering the west line of the Southwest One-Quarter of said Section Seventeen(17), Township Five(5)North,Range 5"anty-Seven(67)West of the 6th Ptuttipal Meridian.Weld County,Colorado to bear South 00'32'55`West and all hearings contained herein eahtrve thereto: Beginning at the West One-Quarter usrter(W 1/4)Corner of said Section Twenty(20);thence along the west line of the Northwest One-Quarter(NW 1/4)of said Section Twenty(217), North 00'13'26"East,2534.78 feet to a point on the north rights•al.way line of*lateral of The Reeorganiaed Fainters'Ditch Company;thence alaug the north line of The Reorgenircd Farmers Ditch Company rights-of-way the following three(3)emcee; South 29'15'17"East,337.06 feet thence,South 39'21'05"F..asi,40.07 feet to n point on a curve to the left which has a central angle of 46°42'25`,a radius of 324.47€eet cud the chord of which bests South 62'42'18"E eat,257.24 feet~thrive.North 00°32'55"Gast,844.61 feet to a point on a non-tangent curve to the right which has a casual angle of 12°50'10",a ratku*of 577.45 feel and the chord of which bears North 47°i46'54"Wcat,129.10 feet; thence,North 41'21'49"West,154.90 fret to a point on a curve to the left which has a central angle 44'31'01",a ratios of 171.79 feet and a chord of-which bears North 67°03'57"West,130.14 fret,thence,North 89'2705"West,103.26 feet to a point on the west line of the Southwest One-Quarter(SW 1/4)of said Section Seventeen(17):thence, North 00"31'5'5"Mast,289.35 feet to a point on the southerly rights-of-way line of the Greeley and Loveland Canal;thence sloog the following eighteen hteen(18)courses of the southerly rights-of-way line of the Greeley Loveland Canal,South 41'21'4T East,556.47 feet to a point on a curve to the left having a central angle.of 42°41'20"and a radius of 517.45 feet,the chord of which bears South 62°42'29"East,376.68 fret;thence, South 84°03'09"East,266.52 feet thence,South 82°01'23'Pant,467.11 feet thence. South 82'18'23"East,8544 feet thence,South 77'28'49"East,77.99 feet to a point on a curve to the tight having a central angle of 64°42'48"and a radius of 94.70 foe,the chord o€ which bears South 45'07'24"Ease 10137 feet;thence,South 12°46'00"East,63,02 feet; thence,South 13°46'0(Y East,141.44 feet;thence,South 18°37'28"East,5&7'9 feet;thence, South 25'2(1'18"Fast,139.16 fete thence,South 26°01'00"Past,550.94 feet,thence, South 31'31'21"Eust,59.08 feet to a point on a cur's to the left having s central Angle of 61°27'25"and a radius of 247.30 feet,the chord of which bears South 62°15`{4"₹Est, 252.72 feet:thence,North 87°01'14"East,4L60 fret in a point on a curve to the left having a central angle of 48'51'48"and a radius of 319.18 feer,the chord of which bears North 62°35'20"East,264.03 feet;thence,North 38°02x6"East,107.75 feet:thence. North 49°18'.35"East,22.87 feet to a point on the east line of the Northwest One.Quuieter (NW 1/4)of said Section Twenty(20);thence along the tut line of the Northwest Ont. Quarter(NW 1/4)of said Section Twenty(20).South(f1°16'49'West,1884.95 feet to the Crater One-Quarterr(C 1/4)Comer of said Section Twenty(20);thence along the south line of the Northwest One Quarter(NW 1/4)of said Section Twenty(20), North 89'49'.1"West,618.10 feet,thence leaving the south lint of the Northwest One- Quarter(NW 1/4)of said Section Twenty(20),North 0093'26;Fact.15.00 feet;thence, Worth 89°49'43"West,1291.00 feet;thence,South 00°13'26"West,15.00 feet to A point on the south line.of Northwest(Inc-Quarter of said Section Twenty(20);thence Moog the south line of the Northwest OneQuarter(NW 1/4)of said Section Twenty(M. North 89"49'43"West.742.55 feet to the Point of Beginning. The above described tract of land cnntains 147.30 acres,more or l less,and is subject to rights-of-way for Weld County Road 15 along the we teriy side of the tract offend,subject to a thirty(30)foot tights-of-way for Weld County Road 56 north of and along the section line between said Section Seventeen(17)and said Section Twenty(20)and is subject to the rights-of-way for The Reorganized Farmers'Ditch Company.The tract is also subject for easements and/or rights-of-way for utilities.ingress acid egress,and others as may now exist or ate of word £XHZBZT "A" PDF created with pdfFactory trial version www.Ddffactory.com REFERRAL LIST NAME: UIV Land LLC CASE NUMBER: PF-1032 REFERRALS SENT: June 8,2005 REFERRALS TO BE RECEIVED BY:July 8,2005 COUNTY Ambulance Services TOWNS and CITIES Attorney Ault Health Department Brighton Extension Service Broomfield Emergency Management Office Dacono 7h Sheriffs Office Eaton 7N Public Works Erie Housing Authority Evans Airport Authority Firestone _X"--Building Inspection Fort Lupton Jr- Assessors Office-Chris Woodruff Frederick STATE Garden City _Division of Water Resources Gilcrest Geological Survey Greeley Department of Health Grover Department of Transportation Hudson Historical Society -X.,Johnstown Water Conservation Board Keenesburg Oil and Gas Conservation Commission Kersey Division of Wildlife: LaSalle Loveland Lochbuie Greeley Longmont Division of Minerals/Geology _Mead FIRE DISTRICTS Milliken Ault F-1 New Raymer Berthoud F-2 Northglenn Briggsdale F-24 _Nunn Brighton F-3 Pierce Eaton F-4 Platteville Fort Lupton F-5 Severance Galeton F-6 Thornton Hudson F-7 Windsor 7h Johnstown F-8 La Salle F-9 Mountain View F-10 COUNTIES Milliken F-11 Adams Nunn F-12 Boulder Pawnee F-22 ' Larimer Platteville F-13 Platte Valley F-14 FEDERAL GOVERNMENT AGENCIES Poudre Valley F-15 US Army Corps of Engineers Raymer F-2 USDA-APHIS Veterinary Service Southeast Weld F-16 Federal Aviation Administration Windsor/Severance F-17 Federal Communication Commission Wiggins F-18 Union Colony F-20 SOIL CONSERVATION DISTRICTS Brighton OTHER Fort Collins " School District RE-5J Greeley XX Farmers Irrigation Ditch Company Longmont Greeley Loveland Canal West Adams 7h Kerr McGee/Rocky Mtn Corp Big Thompson X"- Little Thompson Water District - 06/16/2005 09:22 • 970-587-2607 WELD RE5J SCHOOL DIS PAGE 02 roast • Weld County Referral June 8, 2005 milC. COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant UIV Land LLC Case Number PF-1032 • Please Reply By July 8,2005 Planner Kim Ogle Project PUp Final Plan for a none(9) Lot residential subdivision, two (2) lots with Agricultural Zone Uses along with 19.2 acres of common Open Space (Coyote Ridge PUD) Legal Amended Lot B of ArnRE-3340; part NW4 Section 20 and part SW4 Section 17, T5N, R67W of the 6th P.M., Weld County, Colorado. Location East of and adjacent to CR 15; /2 mile north of CR 54. Parcel Number 0957 20 200037 and 0957-20300021 (I The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. Weld County Planning Commission Hearing (if applicable) Administrative Review, No Hearing 4 We have reviewed the request and find that : d•; does not comply with our Comprehensive Plan We have reviewed the request and find no conflicts with our interests. ❑ See attached!after. Comments: Signature Iiy��/22“. !t (--, Date j�szt 6 �� d J p Agency t/.l p� �� 1 feS� �e � � *Weld County Planning Dept. 015.55 N. 17th Ave.Greeley,CO.80631 <-(970)353-6100 ext.3540 4(970)304.6498 fax P E PICKETT September ENGINEERING, INC. 3, 2004 Martin Foster, Superintendent Johnstown-Milliken Schools Weld County School District Re-5J 110 South Centennial Drive, Suite A Milliken, Colorado 80543 RE: Final Approval of Layout Plan Coyote Ridge Subdivision (formerly Stillwater Acres) PEI No. 02-057/3 .0 Dear Dr. Foster: On behalf of our client, UIV Land LLC, we will soon be submitting plans to Weld County Planning for final approval of this subdivision. Weld County has asked that we get your review and approval of the enclosed layout plan for the area listed below: ■ School bus pull-out area Thank you for your consideration of this matter. If you have no objections to the layout plan, please indicate your approval by"signing-off' in the area below, and return the signed original to us. If you have any questions,please call me. Sincerely, PICKETT ENGINEERING, INC. aitoRccs,p,A, Chico Quintana Design Engineer CQ/pkg ,U 2kA. ` h '4, eQ - S S has reviewed the layout plan for Coyote Ridge Name of Ser�iice Provider/Utility Company (formerly Still ter Acres),an agrees that this layout meets our criteria. ame an Title of Person Signing Date 808 8th Street — Greeley, CO 80631 Phone (970) 356-6362 — Fax (970) 356-6486 a : MEMORANDUM 1IIII TO:Kim Ogle,Planning Manag Weld County Planr CpaRh{ 2005 FROM: Peter Schei, P.E.,Publ. ks Department GREELEY OFFICE JUN 2 1 2005 COLORADO SUBJECT: PF-1032 Coyote Ridge PUD(Final Plat) RECEIVED Weld County Public Works Department has reviewed these final plan materials and has the following development referral comments. Comments ❑ The applicant has provided a pavement design, of which Alternative A is acceptable. o The minimum acceptable pavement section for Weld County is 3-inches HBP over 6-inches ABC. o Weld County does not approve full-depth pavement sections for roadways(Alternative B). ❑ The Final Drainage Report for Coyote Ridge 9-Lot PUD, dated October 2004, by Pickett Engineering, Inc. (Project Number 02-057)is acceptable to Public Works,but must be sealed by the engineer of record. o The fmal drainage report stamped, signed and dated by a professional engineer licensed in the State of Colorado must be submitted to Public Works. o The department will keep the sealed report in the case file for use during the construction phase. ❑ Public Works has accepted stamped, signed and dated (May 9, 2005) final roadway, drainage, utility/ construction plan drawings, by R. Clayton Harrison, P.E. with Pickett Engineering, Inc. Certified drawings will remain in the department's file for use during construction. ❑ The applicant has submitted Improvements Agreement According to Policy Regarding Collateral For Improvements (Public Road Maintenance), which is acceptable to Public Works. The Board of County Commissioners prior to recording the final plat shall approve the agreement. ❑ The applicant must submit three (3) additional sets of final roadway, drainage, utility / construction plan drawings (stamped, signed, and dated) to Public Works for Weld County Field Inspectors' use during construction of the subdivision. ❑ The applicant or their agents may be required to obtain permits from Weld County's Public Works - Utility Agent, Ted Eyl, for each utility. Recommendation ❑ The above comments are prerequisites and shall be fulfilled prior to recording the final plat. ," *HIS Oki thiecagiiiiiiitfirOMMIMI •PCPF-1032 Coyote Ridge PUD(Final Nat) Email&Original:Planner:Ogle PC by Post: Applicant:Nolan Ulmer PC by Post: Engineer:Pickett Engineering,Inc. _�. Page 1 of 1 a t 1 ' Weld County Referral T T'� 400'1}, ' 6AEFey%B0 June 8, 2005 JUN /Of uarrmrnf p RFCF� o zoos COLORADO free The Weld County Department of Planning Services has received the following item for review: Applicant UIV Land LLC Case Number PF-1032 Please Reply By July 8, 2005 Planner Kim Ogle Project PUD Final Plan far a none (9) Lot residential subdivision, two (2) lots with Agricultural Zone Uses along with 19.2 acres of common Open Space (Coyote Ridge PUD) Legal Amended Lot B of AmRE-3340; part NW4 Section 20 and part SW4 Section 17, T5N, R67W of the 6th P.M., Weld County, Colorado. Location East of and adjacent to CR 15; 1/2 mile north of CR 54. Parcel Number 0957 20 200037 and 0957-20-300021 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. Weld County Planning Commission Hearing (if applicable) Administrative Review, No Hearing ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ❑ We have reviewed the request and find no conflicts with our interests. U See attached letter. Comments -` Quir �// "ita t .2.0.44. • On7wite.tirc'. Ate � ' // ` et. � Signature a..„441,1 Date 6//0fAgency Cn aPoef�G J-llas..rw.v 7 Peva dean owif ittaw/.JG Kilns/ow , +Weld County Planning Dept. +1555 N. 17th Ave.Greeley,CO.80631 4(970)353-6100 ext.3540 4(970)304-6498 fax iii.' t O DEPARTMENT OF PLANNING SERVICES BUILDING INSPECTION NORTH OFFICE 918 10'°Street GREELEY, COLORADO 80631 u PHONE (970)353-6100, EXT.3540 FAX (970)304-6498 C. SOUTHWEST OFFICE 4209 CR 24.5 COLORADO PHONE ext. CO88730 (720)652-4210 ext. 8730 FAX(720)652-4211 July 5, 2005 UIV Land LLC PUD Final Plan for a nine (9) Lot residential subdivision, two (2) lots with Agricultural Zone Uses along with 19.2 acres of common Open Space (Coyote Ridge PUD Pf-1032 1. A separate building permit shall be obtained prior to the construction of any structure including the entry way and or gates. 2. A plan review is required for each building for which a building permit is required. Two complete sets of plans are required when applying for each permit. Residential building plans may be required to bear the wet stamp of a Colorado registered architect or engineer. 3. Buildings shall conform to the requirements of the codes adopted by Weld County at the time of permit application. Current adopted codes include the 2003 International Residential Code; 2003 International Building Code; 2003 International Mechanical Code; 2003 International Plumbing Code; 2003 International Fuel Gas Code; 2002 National Electrical Code and Chapter 29 of the Weld County Code. 4. Each residential building will require an engineered foundation based on a site-specific geotechnical report or an open hole inspection performed by a Colorado registered engineer. Engineered foundations shall be designed by a Colorado registered engineer. 5. Fire resistance of walls and openings, construction requirements, maximum building height and allowable areas will be reviewed at the plan review. Setback and offset distances shall be determined by the Zoning Ordinance. 6. Building height shall be measured in accordance with the 2003 International Building Code for the purpose of determining the maximum building size and height for various uses and types of construction and to determine compliance with the Bulk Requirements from Chapter 23 of the Weld County Code. Building height shall be measured in accordance with Chapter 23 of the Weld County Code in order to determine compliance with offset and setback requirements. When measuring buildings to determine offset and setback requirements, buildings are measured to the farthest projection from the building. Property lines shall be clearly identified and all property pins shall be staked prior to the first site inspection. Please contact me for any further information regarding this project. Sinc ly, RgrVi I cLP z Building Official Weld County plan GREELEy OFFICEepartment JUL 13 20os MemorancMffivEb TO: Kim Ogle, W.C. Plannin ' DATE: July 11, 2005 C FROM: Pam Smith, W.C. epartment of Public COLORADO Health and Environment CASE NO.: PF-1032 NAME: UIV Land LLC The Weld County Health Department has reviewed this final plat application. Because of the large lot sizes the Department did not require primary or secondary septic envelopes on the lots. No envelopes were placed on the plat; however Section 3.7 of the covenants addresses primary and secondary septic envelopes. That reference should be removed. All plat notes appear to be correct. The application was approved with the following Department recommended conditions being placed as notes on the plat: 1. Water service shall be obtained from the Little Thompson Water District. 2. This subdivision is in rural Weld County and is not served by a municipal sanitary sewer system. Sewage disposal shall be by septic systems designed in accordance with the regulations of the Colorado Department of Public Health and Environment, Water Quality Control Division and the Weld County Code in effect at the time of construction, repair, replacement, or modification of the system. 3. If required, the applicant shall obtain a storm water discharge permit from the Water Quality Control Division of the Colorado Department of Public Health and the Environment. Silt fences shall be maintained on the down gradient portion of the site during all parts of the construction phase of the project. 4. During development of the site, all land disturbances shall be conducted so that nuisance conditions are not created. If dust emissions create nuisance conditions,at the request of the Weld County Health Department, a fugitive dust control plan must be submitted. 5. In accordance with the Regulations of the Colorado Air Quality Control Commission any development that disturbs more than 5 acres of land must incorporate all available and practical methods that are technologically feasible and economically reasonable in order to minimize dust emissions. 6. If land development creates more than a 25-acre contiguous disturbance,or exceeds 6 months in duration, the responsible party shall prepare a fugitive dust control plan, submit an air pollution emissions notice, and apply for a permit from the Colorado Department of Public Health and Environment. 7. "Weld County's Right to Farm" as provided in Appendix 22-E of the Weld County Code shall be placed on any recorded plat. O:\PAM\Planning\Final Plat\pf-1032.rtf Bernard Lyons Gaddis Si. Kahn A Professional Corporation �� Attorneys and Counselors July 13, 2OO5 Weld County me°t GREELEY4lanning OFFICE JUL142005DePart Weld County Planning&Zoning RECEIVED 918 10th Street >n Greeley, Colorado 8O631 i� Re: Windsor Severance Fire Protection District UIV Lands Exclusion Enclosed for your information is a copy of the recorded Court Order of Exclusion recently entered by the Weld County District Court. This Order effectively excludes the real property described in the Order and located within Weld County from the Windsor Severance Fire Protection District. Please adjust your records accordingly. Very truly yours, BERNARD, LYONS,GADDIS& KAHN, a Professional Corporation By i'�''i/14- C� Kyna K. lover, Paralegal kglover@blglaw.com :kkg Enclosure Cc:Windsor Severance Fire Protection District 515 Kimbark Street • Second Floor • P.O. Box 978 • Longmont, CO 80502-0978 Phone: 303-776-9900 • Fax: 303-413-1003 • www.blglaw.com 45 7P Wld CO/ 13of 12 R 11.00 07/07/2005 D 0.00 5 Steve Meor nouClerk& Recorder E._ -FILED Weld County, District Court, State of Colorado P.O. Box 2038 Greeley, CO 80631 BLED IN (970)351-7300 COMBINED COURTS JUN 2 9 '05 IN THE MATTER OF THE INCLUSION OF LAND WITHIN THE WINDSOR-SEVERANCE FIRE WELD COUNTY,COLO. PROTECTION DISTRICT Court Use Only Case No. 50 CV 11685 Division COURT ORDER OF EXCLUSION-UIV LANDS PROPERTY THIS MATTER HAVING COME BEFORE THE COURT and the Court being sufficiently advised in the premises, FINDS: 1. That a certified copy of the Board Order of Exclusion of Directors of the Windsor- Severance Fire Protection District ("District") entered on June 16, 2005, has been filed with the Clerk of this Court as provided by law wherein certain property therein described was excluded from the District in accordance with Section 32-1-301(3). C.R.S.; 2. That it appears from the documents and papers on file that the proceedings of the District with reference to exclusion of such property from the District were regular and in accordance with requirements of law. NOW, THEREFORE, IT IS ORDERED that the following described property, known as the UIV Lands property, more fully describes as: A tract of land located in the Southwest One-Quarter(SW 1/4) of Section Seventeen (17), Township Five (5) North, Range Sixty-Seven (67)West of the 6th Principal Meridian, Weld County, Colorado being more particularly described as: All of that in the Southwest One-Quarter (SW 1/4) of said Section Seventeen (17) lying southwest of the Greeley and Loveland Canal southern rights-of-way or easement line. The above-described tract contains 12.13 acres, more or less; 1111111 IiIllIIIIi 111111 11111 11111 11111 III 11111 I t 1111 3301145 07/07/2005 04:57P Weld County, CO 2 of 2 R 11.00 0 0.00 Steve Moreno Clerk& Recorder be and hereby is excluded from the Windsor-Severance Fire Protection. • SO ORDERED: JUN 2 0 2005' 2005 OZ Certified to tie=fir +,ontru nil correct D CT C /�OURT JUDGE .E{'of the ld 9Ludady. Dated ._ � .�, , : - n, ':. CIeKk... it o , r� �r Vin` .,.,y}-'�.` AA' A rJ_,. fa KERR-MCGEE ROCKY MOUNTAIN CORPORATION 1999 BROADWAY•SUITE 3600 July 14, 2005 PHONE:303/2963800 FAX:303/296-3601 Weid County Planning Department VIA FACSIMILE AND U.S. MAIL GREELEY OFFICE Kim Ogle JUL 1 9 2005 Weld County Department of Planning Services RECEIVED 1555 N. 17th Avenue Greeley, CO 80631 Re: Mineral Owner Notification: UIV Land LLC application for PUD final plan approval (Coyote Ridge PUD) Case Number PF 1032, Sections 17 and 20, Township 5 North, Range 67 West, Weld County, Colorado Dear Mr. Ogle: On June 8, 2005, The Weld County Department of Planning Services sent a referral to Kerr McGee Rocky Mountain Corporation ("KMRMC") seeking review and recommendation on the above-captioned application to develop the Coyote Ridge project. KMRMC is the owner of mineral rights underlying the proposed project, which will be affected by the proposed Coyote Ridge Development. KMRMC has not received the notice of this development from the project proponent that is required by Colorado statute, and with this letter lodges an objection to approval of the development application. Applicants who submit an application for approval of development plans to a local government are required to provide notice of such application to the mineral estate owner of the affected lands not less than thirty days before the date scheduled for the initial public hearing on the application for development. C.R.S. '24-65.5-103(1) (a). In addition, applicants are required to provide notice of severed mineral rights ownership to the local government authority considering the application for development,C.R.S. 24-65.5-103(1)(b). Development applicants must provide the local government authority with a list of mineral owners and other affected property owners, and such persons must be given notice of any hearing that would affect their property interests at least thirty days before local government acts on any application for approval of a plat. C.R.S. ' 31-23- 215. As the owner of mineral rights in the subject property, KMRMC was entitled to receive notice of the proposed development from the PUD proponent,at least thirty days prior to the hearing date.It did not receive such notice,and must therefore object to the proposed development for failure to comply with the notice requirements set forth in state statute.KMRMC's mineral rights are valuable property that may be impaired by the Coyote Ridge development as proposed,if KMRMC is not given a meaningful opportunity to negotiate a surface use agreement that will protect the party's respective rights in the surface and mineral estates. Because KMRMC has not had the Weld County Department of Planning Services c/o Kim Ogle July 14, 2005 Page 2 opportunity to engage in such negotiations,it respectfully requests that the Weld County Department of Planning Services withhold any recommendation of approval of this application until the parties have negotiated a mutually acceptable surface use agreement. Please contact Terry Enright at 720- 264-2642 if you have any questions or comments about this matter. Sincerely, Kerr-McGee Rock Mountain Corporation James . asol9.J irector Land Denver Basin cc: Terry D. Enright—Kerr-McGee Rocky Mountain Corporation Christopher G. Hayes—Bjork, Lindley, Little, PC Feb. 2. 2006 4: 16PM LSJHF PC No. 2544 P. 2 LOHF SHAMAN JACOBS HYMAN & FEIGER PC ATTORNEYS AT LAW 900 CHERRY TOWER 950 SOUTH CHERRY STREET DENVER,COLORADO 80246-2666 FACSIMILE 303.753.9997 TELEPHONE 303.753.9000 yrww.lohfshaiman.com J.MICHAEL MORGAN,EXT.221 mrttorzan@lohishalman.corrt ALSO ADMITTED IN WYOMING February 2, 2006 VIA FACSIMILE: (970) 352-0242 AND FIRST-CLASS MAIL Lee D. Morrison, Asst. County Attorney Weld County Attorney's Office P.O. Box 758 Greeley, CO 80632 Re: UIV Land LLC Application For PUD Final Plan Approval Coyote Ridge PUD Case Number PF 1032 Township 5 North,Range 67 West to the 6th P.M. Section: 22 (NW/4) Weld County, Colorado Our File No: 5444.00 Dear Lee: We represent UIV Land LLC,which has applied for approval of the above-referenced fatal plat. That plat depicts the location of Ken-McGee's three existing wells (two on the property and one directly adjacent)and its existing tank battery. It also depicts the location of the two additional COGCC "drilling windows,"and provides ample room within each of them on which additional wells may be drilled. In other words,the plat does "plat over"or otherwise impede Kerr- McGee's existing or future operations. In its letter to Kim Ogle dated January 31, 2006, a copy of which is enclosed, Kerr-McGee states that it"does not object to the plan for which UIV Land is applying," Nonetheless, Kerr-McGee goes on to request that Weld County withhold final approval until the parties execute and record a surface use agreement. Under these circumstances, we are aware of no law, regulation,or practical reason that Weld County must or should further delay approval of this plat(to which Kerr-McGee does not object) reb. 2. 2006 4: 16PM LSJHF PC No. 2544 P. Lee D. Morrison, Esq. Assistant County Attorney Re: Coyote Ridge PUD Final Plat February 2, 2006 Page 2 pending the execution of a surface use agreement satisfactory to Kerr-McGee. We therefore respectfully request that the County proceed with plat approval. In the meantime, we will continue to negotiate in good faith with Ken-McGee for a mutually agreeable surface use agreement. We started that process in early November 2005, and though there appear to be no major disagreements, we simply have not been able to make much progress. We have now started over with a new form of agreement suggested by Kerr-McGee, and we will continue to negotiate as quickly as possible. However, for the reasons set forth above, we suggest that there is no reason to delay final plat approval pending negotiations. Very truly yours, LO HAIMAN JACOBS HYMAN &FEIGER PC ichae organ :t ncl ur c im Ogle, Weld County Planning Dept. (via fax) Terry D. Enright, Kerr-McGee Rocky Mtn. Corp. Client 4: 16PMFAXNO. 303 296 952No. 2544 P. 4. 02/02 Feb.•JRN-3l-ZUUb rut U4,01 PM ALL nLUCC. KERR•MWOEE ROCKY MOUNTAIN CORPORATION ,,z BROADWAY.Win arao• DOWEL COLORADO a020$ • PHONE: 3W29F9e% RFD( 3py$g03n01 January 31,2006 VIA FACSIMILIE AND U.S.MAIL Weld County Department of Planning Services Atm: Kim Ogle 4209 County Road 24 'h Longmont, CO 80504 Re: UN Land LLC Application for PUD Final Plan Approval Coyote Ridge PUD Case Number PF 1032 Township 5 North.Ranpe 67 West of the 6'h P.M. Section: 22 (NW/4) Weld County, Colorado Dear Mr. Ogle: Kerr-McGee Rocky Mountain LLC ("KMG"), formerly Kerr-McGee Rocky Mountain Corporation, is the owner of valid oil and gas leases underlying all to or a of Coyote Ridge, for which UN Land LLC, is seeking PUD final plan approval. d the UIV Land have been negotiating a Surface Use Agreement, the terms of which will govern the parties' simultaneous use of the subject property. ICMG does not object to the plan for which UN Land is applying. However, the parties have not yet concluded an agreement, and KMG therefore requests that the Weld County Planning Department withhold final approval of this application until the parties execute and record a surface use agreement. Sincerely, Kerr-McGee Rocky Mountain LLC 1 t Terry D. Landman Specialist cc: J. Michael Morgan,Attorney—For the Applicant James P. Wason—Kerr-McGee Rocky Mountain LLC Weld County Sheriff's Office Me mo Weld County Planning Department rgEELEY FFICE AUG 17 Z005 To: Kim Ogle From: Ken Poncelow RECEIVED Date: August 16,2005 Re: PF-1032 The Sheriffs Office recommends the following improvements for this housing sub-division: 1. The Sheriff's Office requests that builders and developers designate an area by the entrance of the sub-division in which to place a shelter for school children awaiting the school bus. This area should also include a pull off for the school bus which enables it to safely load and unload children out of the roadway. 2. Either mail distribution within the sub-division or a central drop off location within the sub-division should be developed so that residents do not have to cross a county road to obtain their mail. 3. A permanent sign should be placed at the entrance to the subdivision detailing the name of the sub-division, address, and a graphical presentation of the roadways within the subdivision. There should be a plan developed to maintain this sign. 4. If the roadways within this sub-division are not maintained or adopted by the county, individuals purchasing property in this sub-division should be notified that the Sheriffs Office will have limited traffic enforcement powers. 5. A plan should be developed to maintain roadways within the sub-division especially during inclement weather conditions for emergency vehicles. 6. The Sheriffs Office is very supportive of homeowner funded homeowner's associations. These associations provide a contact for the Sheriffs Office and a means of maintaining common areas. 7. If there are oil or gas production facilities within this sub-division,they need to be fenced off in order to mitigate the potential for tampering. These facilities are known to create an attractive nuisance for young people. Tampering not only creates a significant danger to safety but also of environmental damage with extensive mitigation and clean-up costs. 8. The names of all streets within the sub-division should be presented to the Sheriffs Office for approval. This will eliminate duplication of street names within the county. The Sheriffs Office lacks the ability to absorb any additional service demand without the resources recommended in the multi-year plan provided to the Weld County Board of County Commissioners or as indicated by growth not considered at the time the plan was developed. I have no other comments on this proposal. 1 MEMORANDUM Date: September 01, 2006 41 lin( r \1 To: Frank B. Hempen,Jr., •.E., Director of Public Works/County Engineer--- "ilk From: Peter Schei,P.E., Pu i�� orks Department COLORADO RE: Private Maintenance of Internal Roadway for a Subdivision(PF-1032) ❑ The applicant, Nolan Ulmer, has requested Private Maintenance for the subdivision internal roadways of Coyote Ridge PUD(PF-1032). a Initially the case was heard at Change of Zone for Public Maintenance of subdivision internal roadways. Public Works signed-off on all conditions of requirement for final plat in a memorandum to Planning in April-2006. a The Public Works staff of development review engineers and field inspectors is in favor of recommending Private Maintenance of the subdivision internal roadways in this case. ❑ This development is under Administrative Review by the Planning Department for final plat. a The applicant will be requested to submit an Improvements Agreement According to Policy Regarding Collateral For Improvements (Private Road Maintenance) which is acceptable to Public Works. The Board of County Commissioners prior to recording the final plait shall approve the agreement. a The applicant will be requested to provide a note on the final plat indicating Private Maintenance of the subdivision internal roadways. ❑ Additionally, the Homeowners Association Covenants will be required take ownership and responsibility for the Private Maintenance of the internal subdivision roadways. a Public Works will notify the Planning Department and the applicant of this decision. Y/ Private Maintenance Review W�,J Initial: '.;)- Perry Eisenach,P.E.,E gineering Division Manager Private Maintenance Review Initial: Fran Hempen r.,P. .,Director of Public Works/County Engineer ❑ ivate aintenance is approved. (Please check bay O Private aintenance is not approved. (Please check bar) Comments: Page 1 of 1 _ PF- f0-,2 ARTICLE VI USE AND OTHER RESTRICTIONS Section 1: Land Use and Building Types. No Lot shall be used except as the site of a detached single family dwelling, private garage, storage shed or private shop and work area building, none of which need be attached to the single family dwelling. All improvements on each Lot shall meet the requirements of Article VII, "Architectural Standards" of this Declaration. Section 2: Use. No person that does not reside on the Lot shall work on the Lots as regular work duties, except domestic household help, lawn and garden caretaker, in the engagement of construction and maintenance of facilities on the Lots, and the Declarant in the development and sale of the Common Interest Community. The Association may adopt such other rules for the Common Interest Community as may be reasonably required to ensure that there are no apparent visits by customers, clients, and service vehicles to the Residence. Section 3: Buildings. No building, fence, barn, corral, paddock, or other permanent structure shall be located on any Lot without first obtaining the written consent of the Architectural Review Committee,approving the proposed location. Location approval shall be based upon the same not obstructing any view corridors or be considered an obstruction to any other Lot within the common Interest Community. All such buildings shall be pursuant to the style,design and other requirements as provided in guidelines and rules established at Section 2, Article VII and shall match the materials and style of the main residence. Section 4: Easements. Easements for the installation and maintenance of utilities, landscaping, ditches, roads, detention and drainage facilities in the Outlots, are reserved as shown on the Plat, or those that may be recorded at a later date. Within these easements, no structure, planting or other materials shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities,which may change the direction of flow of drainage or detention facilities , or which adversely affects landscaping installed by the Declarant. If any landscaping or structure is installed which violates such requirements, the Association may give the property owner written notice to remove such landscaping or structure within no less than fifteen (15)days after such notice is given, and if the owner fails to move the landscaping or structure within that time, the Association may have such work done at the expense of the owner of the Lot. If the work is done by the Association at the owner's expense,the owner shall pay for such work within ten (10)days after notice is given in writing to the owner as to the cost of such work. In the event of failure to pay within that time and if the Association thereafter incurs any attorney's fees and costs in collecting such amount from the owner, all such attorney's fees and costs incurred shall likewise be a debt owing by the owner to the Association. The easement area of each Lot and all improvements on it shall be maintained continuously by the owner r . jot kiire.".% Memorandum TO: Kim Ogle, W.C. Planning lDATE: October 16, 2006 FROM: Pam Smith, W.C. Department of Public p� l COLORADO Health and Environment CASE NO.: PF-1032 NAME: UIV Land LLC/Coyote Ridge The Weld County Health Department has reviewed newly submitted covenants for this development. The applicant has removed the language regarding primary and secondary septic envelopes from the development covenants as requested. As an additional note,the Department notes that language in Article VI,Section 36 regarding the protection of absorption fields is acceptable. O:\PAM\Planning\Final Plat\pf-1032 Coyote Ridgenew covenant review.rtf Pamemith From: Pam Smith Sent: Monday, October 16, 2006 2:12 PM To: Kim Ogle Subject: pf-1032 Coyote Ridge new covenant review comments Attachments: pf-1032 Coyote Ridgenew covenant review.rtf a pf-1032 Coyote Ridgenew covena... Kim, Here are my comments regarding the new covenants for Coyote Ridge. I didn't put it in these comments, but left you a message about Article VI, Section 1: Land Use and Building Types -the meaning of'guest facilities' in this case...here's the full sentence: 'No Lot shall be used except as the site of a detached single family dwelling along with guest facilities, private garage, storage shed or private shop and work area building, none of which need be attached to the single family dwelling.' It sounds to my way of thinking that this could imply a second home. Have a great day! 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YI eY ' V FOI d Syp4 9 { :}s4st �\ - @�^Yx z F g qe. t a ° f li I. ii i L i i G t i III a i i i I =WI Y r 3y HilitE8 €. yo x - es9 p ?El 1,,P3 n ; 444,v a Ipaa c.,F Y 414 ik,I,I I u j 3g i 0 is / 81 . '433 4i 3 e 3eo$ I2 I._L".I� �, Y // oI ml 3I Ore S bleB p. s FF I 5 01 g! a al i e,/ a# ES . s Y Z 1 q Y "` —� iq z 2 g I_' a igdw _ q Yom• s, t I a� i \ e 6�3 YIY-r 4 U a . y1:q - A e 9il qY Vv Y :IL. i x YE , ��` 4N �./ II ��V 1 V a 0 __ - -'a y �HEI _§.14-W Q v` ill ELF g II , � i B4` O Y I gg -.Y i4 \ O % Y :bgsi Y `3 ill qY nYl 4I ° y ₹eY E y "4 JJ : 1 §Il p ,l q A 'KsY e _ 1q $lc. e3i 3 of -->e -. _- �� .gip 4�mruuvm �•�� F P pb ) `,s1.1 tA_` i' sa __ Ln$ P.i .. all_ _ii WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Department of Public Works 111 H Street, P.O. Box 758, Greeley, Colorado 80632 Phone: (970 )356.4000, Ext. 3750 Fax: (970) 304-6497 Road File #: Date: May 25, 2005 RE # : Other Case #: 1. Applicant Name UIV Land, LLC / Nolan Ulmer Phone 970-396-8423 Address 16529 WCR 70 City Greeley State CO Zip 80631 2. Address or Location of Access On WCR 15, 600 feet north of WCR 56 Sections 17&20 Township SN Range 67W Subdivision Block Lot Weld County Road #: 15 Side of Road Fast- Distance from nearest intersection 600' 3. Is there an existing access(es)to the property? Yes X No #of Accesses 2 4. Proposed Use: ❑ Permanent ❑ Residential/Agricultural ❑ Industrial ❑ Temporary ® Subdivision ❑ Commercial O Other 5. Site Sketch Legend for Access Description: Main AG = Agricultural RES = Residential Access O&G = Oil&Gas WC 56 D.R. = Ditch Road • = House• = Shed Emergency Access at ,// A = Proposed Access Oil & Gas / / • = Existing Access Entrance Ni OFFICE USE ONLY: Road ADT Date Accidents Date Road ADT Date Accidents Date Drainage Requirement Culvert Size Length Special Conditions ❑ Installation Authorized ❑ Information Insufficient Reviewed By: Title: -17- III Mini am um—,7bi "UM lim2958757 06/06/2002 02710P Weld County co 1 of 1 R 5.00 D 135.00 3.t\. "Saki" Tsukamoto aPpeciat arrantp 1 eeti THIS DEED is a conveyance of real property from the person(s)or legal entity named below as GRANTOR to the person(s) or legal entity named below as GRANTEE. The GRANTOR hereby sells and conveys to the GRANTEE the real property described below with all its appurtenances,and the GRANTOR warrants the title against all persons claiming under the GRANTOR,except for any particular matters described below under"Additional Warranty Exceptions,"and except for any of the following matters established by the GRANTOR and evidenced by recorded document: easements, rights-of-way, mineral grants, mineral leases,and protective covenants and restrictions. The GRANTOR does not warrant against the lien of the general property taxes for the year of this Deed. If the Grantor intends this Deed to convey less than his entire interest in the Property or if the Grantor intends to impose restrictions ,(. on the Grantee's use of the Property,then appropriate language has been added below under"Reservations And/Or Restrictions." If there are two or more Grantees named in this Deed,they are accepting this conveyance as tenants in common, unless the words "joint tenancy with right of survivorship"or"joint tenancy"have been added below under"Form of Co-Ownership." The Grantor acknowledges that there is good and/or valuable consideration for this Deed,and that the consideration is adequate;the indication of a dollar amount below under"Consideration"does not necessarily mean that the stated amount is the only consideration for this Deed,and the absence of a stated amount under"Consideration"is not intended to indicate that there is no consideration for this Deed. -- The following information completes this Deed: • GRANTOR: (Give Name(s),Address(es),and Marital Status) CHARLES R. AMEN TRUST, PAUL D. AMEN TRUST,AND JOYCE AMEN MAYBERRY TRUST, EACH AS TO AN UNDIVIDED 1/3 INTEREST GRANTEE: (Give Name(s),Address(es) UIV LAND LLC,A COLORADO LIMITED LIABILITY COMPANY 929 38TH AVE. CT.,#102, GREELEY, CO. 80634 FORM OF CO-OWNERSHIP: PROPERTY DESCRIPTION: TOWNSHIP 5 NORTH, RANGE 67 WEST OF THE 6TH P.M., WELD COUNTY, COLORADO: I SECTION 20: NW'14 EXCEPT TI-IAT PORTION LYING NORTH OF THE DITCH OF THE GREELEY AND LOVELAND IRRIGATION COMPANY;AND SECTION 17: SW Y<LYING SOUTH OF THE DITCH OF THE GREELEY AND LOVELAND IRRIGATION COMPANY PROPERTY ADDRESS: 26994 WCR 15,LOVELAND, CO.80537 • L CONSIDERATION: ONE MILLION THREE HUNDRED FIFTY THOUSAND AND NOI100 RESERVATIONS AND/OR RESTRICTIONS: (If none, leave blank) GRANTORS SPECIFICALLY EXEMPT, RESERVE AND EXCLUDE FROM THIS DEED 35 UNITS OF NORTHERN COLORADO WATER CONSERVATION DISTRICT, AND ALL CROPS ON SAID LAND FOR ` THE YEAR 2002 ADDITIONAL WARRANTY EXCEPTIONS: (If none, leave blank) ISigned on 6 - "-f ,2002 ad CHARLES R.AMEN TRUST, PAUL ,AMEN TRUST AND JOYCE AMEN MAYBERRY TRUST Gr r "7_ agit" CHARLES R.AMEN,TR ST EE Cat _PAUL l9.AMEN.JRUSTEE / Y J(''' c (I:411,<a4 . `?.+�Cee Ll4tr_.. / J�"CE QTMEN MAYBERRY,YRUST STATE OF COLORADO ) UUU ss: COUNTY or w L ._ ) The foregoing in •�j �trtiw's"'a owledged before me this. - "9 day of ,2002 By CHARLES kMElii;•P ,P-II9 MEN,AND JOYCE AMEN MAYBERRY,ALL TRUSTEES OF THE CHARLES R.AMEN TRUST PAUL D.AM 'halm-AND J AMEN MAYBERRY TRUST 1 WITNESS hadd and official seal. My commis n @xpt an J-o/.0 _ ,ct,.,pff,� '= ' Notary Public STATE OF ? ' COUNTY OF �l : . s: The foregoing Ind trlNyf t knowledged before me this day of ,20 by WITNESS my hand and official seal. My commission expires: Notary Public Amen Farm Warranty Deed.tif 05/20/2005 12:29:18 kmb LW No.: 811-H0008561-810-FTO,Amendment No.1 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 ow 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-1. 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. 05/20/2005 12:29:18 kmb LV V " ^No.: 811-H0008561-810-FTO,Amendment No.1 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 any 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 you. 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.S.) 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 commissioners,the county clerk and recorder,or the county 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: 811-H0008561-810-FTO,Amendment No.2 1. Commitment Date: May 16,2005 at 8:00 A.M. 2. Policy or policies to be issued: Policy Amount (a) None Proposed Insured: $ FOR INFORMATIONAL PURPOSES ONLY 3. Fee Simple interest in the land described in this Commitment is owned,at the Commitment Date by: UIV LAND LLC, a Colorado Limited Liability Company 4. The land referred to in this Commitment is described as follows: Lot B,Amended Recorded Exemption No. 0957-20-2-AmRE3340 being a portion of the Northwest Quarter of Section 20 and the Southwest Quarter of Section 17, all in Township 5 North,Range 67 West of the 6th P.M., according to the map recorded May 5,2004 at Reception No. 3177430,Weld County Records, County of Weld, State of Colorado (for informational purposes only) vacant land, Loveland, CO 80537 PREMIUM: Title Examination $350.00 Tax Certificates(2) $50.00 05/20/2005 12:29:181w LW a. 05/202005 12:29:18 kknb LVV ra. File No.: 'H0008561-610-FTO,Amendment No.1 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. FOR INFORMATIONAL PURPOSES ONLY 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). 05/20/2005 12:29:18 kmb I.V V /" File No.: �H00o8561-818-FTO,Amendment No.1 Form No. 1344-B2(CO-88) ALTA Plain Language Commitment SCHEDULE B-Section 2 Exceptions Any policy we issue will have the following exceptions unless they are taken care of to our satisfaction: 1. Taxes and Assessments not certified to the Treasurer's Office. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements, or claims of easements,not shown by public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the land would disclose, and which are not shown by the public records. 5. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 6. All taxes and assessments,now or heretofore assessed,due or payable. 7. Rights of way for County Roads 30 feet on either side of Section and Township lines, as established by the Board of County Commissioners for Weld County, recorded October 14, 1889 in Book 86 at Page 273. 8. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted,as provided by law; and there is reserved from the Lands hereby granted a right of way thereon for ditches or canals constructed by the United States of America as reserved in Patent recorded January 10, 1889 in Book 51 at Page 89. (affects Section 20) 9. Reservation as follows: "Excluding and excepting from the transfer by these presents "All Mineral Lands" should any such be found to exist in the tracts described in the foregoing, but this exclusion and exception, according to the terms of statute, "shall not be construed to include coal and iron land" by the Patent recorded May 18, 1903 in Book 208 at Page 27. (affects Section 17) 10. Reservations made by the Union Pacific Railway Company in deed recorded December 2, 1910 in Book 320 at Page 38, providing substantially as follows: Reserving unto the company and its assigns all coal that may be found underneath surface of land herein described and the exclusive right to prospect and mine for same, also such right of way and other grounds as may appear necessary for proper working of any coal mines that may be developed upon said premises, and for transportation of coal from same; and any and all assignments thereof or interests therein. (affects Section 17) 11. Right of way for lateral ditch as reserved in Deed recorded June 5, 1901 in Book 187 at Page 102 (affects Section 20). 12. An easement or right of way for Koenig Seepage Ditch No. 3, granted by the instrument recorded December 21, 1916 in Book 463 at Page 133, in which the exact location is not defined. (affects Section 20) • 05/20/2005 12:29.181:mb L.VV /"*"., File No.: 10008561-810-FTO,Amendment No.1 ▪ Form No. I344-B2(CO-88) ALTA Plain Language Commitment SCHEDULE B-Section 2 Exceptions(Continued) 13. Rights of way conveyed to the Farmers Irrigation Ditch and Reservoir Company in those instruments recorded February 6, 1922 in Book 622 at Page 329 and February 5, 1931 in Book 908 at Page 167. (affects Section 20) 14. Right of way for Ditch as evidenced in that instrument recorded December 22, 1927 in Book 833 at Page 423. (affects Section 20) 15. Terms, conditions, provisions, agreements and obligations specified under the Surface Owner's Agreement by and between David Wacker and Mattie Hankins Rathbun and Union Pacific Railroad Company recorded November 17, 1965 in Book 1165 at Page 136. (affects Section 17) 16. An easement for an irrigating ditch and incidental purposes and all obligations and conditions contained therein granted to Charlotte Stroh and D.F. Foote by the instrument recorded June 22, 1949 in Book 1249 at Page 203. (affects Section 20) 17. An Oil and Gas Lease, from Union Pacific Railroad Company as Lessor(s) to Pan American Petroleum Corporation as Lessee(s) dated December 23, 1970, recorded January 15, 1971 in Book 639 at Reception No. 1560588,and any and all assignments thereof or interests therein. (affects Section 17) 18. An easement for electric transmission or distribution line or system and incidental purposes granted to Poudre Valley Rural Electric Association by the instrument recorded March 21, 1973 in Book 688 at Reception No. 1609521,in which the exact location is not defined. (affects Section 17) 19. An Oil and Gas Lease, from Carl H. Amen and Rachel Z.Amen as Lessor(s)to Carl F. Smith as Lessee(s) dated September 19, 1977, recorded September 26, 1977 in Book 809 at Reception No. 1731334, and any and all assignments thereof or interests therein. 20. Terms, conditions, provisions, agreements and obligations specified under the Easement and Right of Way Agreements by and between Carl H. Amen and Rachel Z. Amen and Little Thompson Water District recorded February 25, 1992 at Reception No.s 2279005 and 2279006. 21. Terms, conditions, provisions, agreements and obligations specified under the Water Agreement by and between Paul D. Amen Trust, et.al. and UIV Land, LLC and Nolan Ulmer recorded June 4, 2002 at Reception No. 2958173. 22. All items disclosed by Amended Recorded Exemption No. 0957-20-2-AmRE3340 recorded May 4, 2004 at Reception No. 3177430. 23. An undivided full interest in all oil, gas and other minerals conveyed to NPK Investments, LLC by Mineral Deed,recorded on February 4, 2005 at Reception Number 3258856, and any and all assignments thereof or interests therein. 24. Terms, conditions, provisions, agreements and obligations contained in the Coyote Ridge P.U.D. Zoning Change recorded on November 3, 2004 at Reception Number 3232702. 05%20/2005 12:29:18 kmb LW V e‘' File No.: \H0008561-810-FTO,Amendment No.1 • Form No. 1344-B2(CO-88) ALTA Plain Language Commitment SCHEDULE B-Section 2 Exceptions(Continued) 25. Mortgage from Nolan Ulmer, to Don Tisdall, in the amount of $450,000.00, and any other amounts and/or obligations secured thereby dated December 19, 2002, recorded on November 10, 2004 at Reception Number 3234858. 26. Deed of Trust from UIV Land LLC, to the Public Trustee of Weld County, for the benefit of Colorado Community Bank of Johnstown, securing an original principal indebtedness of$3,690,000.00, and any other amounts and/or obligations dated December 31, 2004, recorded on January 4, 2005 at Reception Number 3249343. NOTE: Item(s) 8, 9, 10 and 23, above refer to recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate. • L � �' f � tl �i V .l .5 1 �t 1 j, ! � i � JS ti � , ]� t1• g F-� 273 i f. .t-�" C 7 4(,. L.'A( .t aL. L.....-.).....7 .1Lo LAG d.7 .1��. (1 .J�I . iY se, K. u. 11 u1,4, J.a..L..7 ,N 'i?). J..r( tJ:'......t ( ', ILA...,J 5.1 ._L:.. .F61..I... - : I II L J, 11,..,i.i d 1l 1 . It.1. .i J Iii.. .,]c_ ..i tJJ, I t'J.�L1. k11otv7LlIr ( .. it., ao1( a ,. 1, .'1.* :ss to/'L' hItI .< _,,,1 ,....l.j.. J .YC...,,r •.a. _CL� t,. ' '. it 1 f. 7 L , I 7`t�.La..ai 1 I I J..tr pl i7 , I .L . , -t L t. �l,l L e G L 1.�a t L ct Lew/ I l I'l L LI LI% vl.e ,J /.aaJr•an(1 1•.a • - ,t: ...r,•4t •1N. i Iii) .-..L ....„L.-1 ..J J..tot 6PLt,.la.../ ,a .d 44,. n .A 1J.... a:k.,...,ttd c L ,L.L I i1 1 s....t.�.=.r ...a ;.,.1-. .,,1 I. 1. 14. ..,.,1.., ...I .,,.t d. ,i,1-,,...J 7- Pi I / -1 Nn Al,;;;)- ,..1 La. d ,.,.,J :1'.'I,....( e. i i tc .l / _•. 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Ir f(uyJl tanal 1t .�. _- 1 - Y 'R r ) tc`1 1 .re r .k r : rr t' L ,:At tl r *.T ri:� Yr, ` Y� i fa C'• .t l ' .' n f " e7S" m r " � HOMESTEAD PATENT, . ` •!ISI^.!S"t�!Q!—�— .-'—'°ID[LA R,+a uir�S--TET'C LC.EQ!3— N...a cef -_ The Cat 1txtth States of nzeti.c�t, .� . _ ,j, .i To nil to Whom those Prernnta shall come, (lUEtT18(It f If .1M1 0 Homestead Certificate No.-7d el- - -� CI't81r. General < "s=r �w • APPLTCAi ION_ 13 _ o-nh There ha, been, depositerd In the Cenral Lend Ofilce of the I t —`♦ fit 7 • United Slates a Certificnen of(ho he-We/of the land Office ct y _.lri xxv.c4 --________whereby DSr0A0Tut 1 4 t , it appears that,pursuant to the.lot o Congress approved 20th May, 1862, TO SECURE]IOfESTE_-DS to ACTUAL i ,1 4 Bt—en of '�'�+- l dn( eonennuns(cri,rn a=m ornut + . d,inesnferrvi I /" _..Inns bear.rvinbinelted roes SETTLERS OX THE PUBLIC DOM., and the nets supplemental therein.the claim o —. ,t .actor/ 4 /./ '� ✓ ,j/ce,d.an, aA nZ.,4-r r.ecg� Ic....- I I -Ji. �f�. • /o.HcL Aso/ al vi/ ,.�/ at -Cice++» c r, ,c-r •,c - sea.. f .'i , i Q_ ' to law,for Ilec fit: err.-._der--'FS- 1- 4 O / O raves-? :o 11p, ffV .m I ,,., tilt ' > r r. .t. _ • p t�;. _,�.r O '' the Soleradi to the Official Plat Survey of the said Land, returned to the Oeneml Land Ogle by the Surveyor r I according of to tae'snit . Now Know Ye, That there is, therefore, granted by the LTN'I TED S T.4.11"333.:-... tatty the said ""r - e describe!:: P ____..___-:W-c/li..-e>a. �. : ..- ___.._.___._—Jhe tract of la:,.>above deserlhsd ,v<.__......._._ pp _." s.a.._ v4 4o have IRS, to Aolr=the said tract of Land, with then appurtenances thereof unto the salt f `'' :-. assen=t-r/n�TleU _Juice rtnd assigns/or♦oerf rvEp/sot j ,54rb , to any vested and accrued realer rights for min -g, agricultural, manufacturing or other,purpose and rights to it „. ;., fa or W ditc'ibs'and reservoirs used in connection with sack water rlf,hts, as may be recognized and acknowledged'by, tort , a '.o ,so ash Id -•. lanai esesterns,laws and decision of Courts,and a:aa subject to the right o 'As proprietor of a vein.or lode to talrin r t e ` and Tensor.his ore therefrom,should the same be found to:penetrate or intersect the premises.herebw•granted, as Lvnfe'd '• _ + s F � lRos�try.ova '_=._I I ilr etin r�ffi - , " ASa.1'estlma.7 whereof;i,_-- <afi _ _,_Presmont of lLe United!Lela.Of emerlaasc glith" q 4% have awed these letters to be made patent,and Me.Seal of the General Land Office to be�h�erreunto a „ yr _ s Olsen under my hand at the City of Washington, the_F ia_txs arsd "' r �� //7 , a& -, r tl y nt opt _„ - day of ,in the year of our Lord one Nowand ell Jv/+ "I< s " F 11•, e ieiix4 v`' EN ', r hundred and Fyiry.fisTan!` and of the Zndepe enee oft1lwn tin�v raj s , • .--, t:/ f lfrt ♦., - C I ..I Slatnthe.one hundred and ' . r_.._.—..�4r:A 1 l x' "i42 ,It ' . o .i. ` . t a t r * . `' T.a..✓ 4,. 4Gt, tHE,?RESWEkZ •i ..'t _1 1i ':;,y+,{ r} hr $ 7.7,2,••:',..t., -I i' Ir! ssN < v(18s 44,-.±..:94k3- .}�� r,.Li <x.c- or s a„. , tTrTar e Y 1 ,-,-,z-0,:,, ,,...-,- "F T Y t r ti 2. 1 ,-,, ,,•;,-,, ,,:c _ eI a N4i f , r 's+.K -q�i�'¢.rt' t l 1: c+' 8 , r �h, ,;-<, i's St it/rs h 4;1..• t f :t .n+ ��(� lw�z�'d � a <4v � �� .at{,+(�Z,tm'.Y 'ct t n f�Su',,, S��^5�1 - . ... . • �a, ec n / a r !. •s n.r L 41 <�sis? '¢`. - �� 2.t,r: o, r :7t h I E, ,fR�,�#II > v+ e - --»t - :T}� 4,. . -N�'tanv ar� .1 Sr ; n``s'a�'aa�'` rR,ft c'aicv',ft.wit,t t%vt 3 fit ,e .74 �v'Ty .%..t ,'tyr " ,e '1 • 11,+it ScY7 � Ucs� .1, I �ry ,i >• � t',� a"" /i!'.14'.I✓ nI rs _ - ei : ^ isi rt{y„ ;✓ .c t . r x .�.c-.� _ • t - -• I .. ) 1.6 r .. I. t• 4'W.git ,t,•> •2 4 0 - :_ .1+ 111 . -.. Yf 1 4 B.A. McA. 1.,1 Rey 12 1903 '. Land Comeisnloner i PATENT NO.. 17A No. 7027 :- 111110W N PACIFIC • —• + c, c RAILROAD LANDS. ' • ' 141 . PRIMARY LIMITS. 211 i . DENVER LAND DISTRICT, ex'd A.P.R. COLORAD 0. �, - A.M, ', 'I 'I'll:UNITED STATES OF AMERICA {,rtv -�' ..:` To all to whom these presents shall coma OREETIN': is lira: PlIQ7REA 9, by tho Acts or Congress approved July 1,1B62, and July 2, 1264,'to aid in the •,II ` klV construction of a railroad and telegraph line from the Missouri flyer to the Pacific Ocean and to secure to the uovernmane the use of the same for Postal, Military and other purposes', 01: ' ' till I authority is given to the Union Pacific Railroad Company 'to construct a railroad and tele— ?.M , . graph line", under certain conditions anr_ stip•ilations as expressed In said Acts and provision „t O". l+ made for I,•xnting to the said Company 'every alternate section af.publlc land, designated l by old numbers, to the amount of ten alternate sections per mile on oeoh side of said rail- ',al. )� road on the line thereof, and within the limits of twenty ,.•lies on each side of said ...... /'.� k . , road, not Hold,raearveA, or otherwise disposed of by the 1)a. ,ed States, and to which a pre- . . caption or homestead claim may not have attached at the time the line of said road is defin- •s"0 • •` Italy fixed", mineral land excluded, and y8 � -� foible Ai, an official statement bearing date November 3, 1d69, from the Secretary of the �' Interior, ha' leen flied in the General Land Office, showing That the Commissioners appoint- i, '� .' `' ,e," ed ed by the truest-tent inner the provisions of the sixth section of the said Act of Congress approved July 2,1264, have reported to him that the line of railroad and telegraph from Omaha t, in the State of Nebraska westward to Ogden in the Territory of Utah, and known as the Union ! ., I' • -f(p•• Pacific Railroad, has been constructed and fully completed and equipped in the manner pre ',M ri i" scribed by the Acts of Congress, aforesaid, and WH REAS,by articles of agreement entered Into between the said.Union Pacific Reilrned III0 e Company,the Kansas' Pacific Railway Company;and Denver Pacific Railway) and Telegraph Company, I,",v 1x said companies were amalgamated and consolidated under the name of the Union Pacific Railway ip Company on the 24th day of January, 1880, as shown by.a certified copy of the original arti 2y- s- ?` ales of consolidation filed with the Secretary of the Interior on the 26th day of.J •. leas, by Shellabarger and Nilson, the attorneys�repr'"isaih Union Pacific liailway/0--I I.40, ,,— `4 { , to v1utt fu. 4IF t ti ') Whereas, it is shown by certain"rapers fixle is the Department of the tat d ;F Y 1' .. • 1899,.by the Attorney for the Union Pao f1}o Ifal1cA,!, � .„ . 4, ; '»r t, .-i Lead Offioe by the. Secretary.�of the ;mt¢r!. iIIaitS t4 s ! 418" r4 a2�4'�a' ., c + • t h 'certain foreeloaure prooeedlags at I ^Ms an2.. i,�s '.4„{ , E ., ,,,ri.J\fi e ice . 'o -Tel:-II "tin"' The lWsaa Paalflc Aellw!rt cc «% .ia+ :'4'1;1;1':%1'..1%;41r#4%.:4—+--;:,-"i ' +v., 1 rp 4r,^�t 'i11141O4 v`§1�11p3at J y r� .1' '111:1'.1'111111;'11' 4 . uF Township Eight, Range Sixty-five. All of section twenty-one, containingforty '�' "�'•y-one six hundred and acres. All of section twee- � " k ty-seven, containing six h,._.dred and forty acres. The South Nest quarter and the'North halt'. 6!I s of section twenty-nine, containing four hundred and eighty acres. All of section thirty-. ' ..• five, containing six hundred and forty acres. i Township Ten, Range Sixty-five, 'tom f y- I';I All of Section seventeen, containing six hundred and forty acres. {''I, 1,'I, Township Two, Range Sixty-six ' The North East quarter of section twenty-one, containing one hundred and sixty acres. 1 - ' I Township Three, Range Sixty-six. The North East quarter or section five, containing one hundred and fifty-four acres and • ' ,' + � + eighty-seven hundredths of Sr, acre. N✓. it Township 'give, Range Sixty-six. V The South West quarter of section seven containing one hundred and fifty-nine acres, I •••• and and eighty-eight hundredths of an acre. The North East quarter, and the Southwest quarter of +t • "..n . section thirty-one, containing three hundred and twenty acres and twenty-four hundredths of q yp„ an' acre. Township Seven, Range Sixty-six. `r .9 All of section five, containing six hundred and fourty-four acres and sixty-eight hued- � ;. r eC t};e of an acre. All of section seven, containing seven hu•Ar 1 and one axles and sixty- s g..74 � four hundredths of an acre. tct'nshl Eight, Rena Sixty-six. }'Township 6 , 6 • ;1'''t hi, �..r .o All of section nine, containing 31x hundred and forty acres. All of section fifteen 4t f 1 . containing six hundred and forty acres. All of section seventeen.' containing six hundred and '. !1. forty acres. All of section nineteen, containing six hundred and,seventy eight acres and .,' eighty-four hundredths of an acre. All of section twenty-one, containing six hundred add ;11.4r, i. '� &o i{ forty acres.' All of section twenty-three, containing six hundred and forty acres. All of r C.�w ' section twenty-five containing six hundred and forty acres. All of section twenty-seven,con- talning six hundred and forty acres. All of section twenty-nine, containing six hundred and' 17 • forty acre. All of section thirty-one, containing six hundred and ninety-seven acres and 1 t� . -� seventy-six hundredths of an acre. The North half of section thirty-five containing three,t.:.". 14111 1' A hundred and twenty acres. rr •� Township Five, Range Sixty-seven, 1 All of section three, containing six hundred and thirty four acres and fifty` r"hl ,• R+ f the of an ears. The North West Quarter and the South.hall of ee otioati 0taft, .i4 , { s hundred and.seventy-tour !ores end eighty tour hundredths of an aare •'t 1, ;At"ff I' 1 a, 4 _.�Xf rti rrt ay containing six hundred,and forty acne.' All, of section alma;y*contat'lrI't' rLi. ' Y y.' ! " 0 • forty ^cree. ,A11 of section titirteen,t eontalning 0i,,1 40,44,r hf` ,i i vx µ0.61Ld r':. r 7tt .ae c eeetion.seten een containing six hundred anilkwiy,aotes i ;j 411'.414j., S. ;p b i 'r te• ' • • .� 'Borth•hait'o elationtwenty-one,i cents �- >(, ., •• "*�� tL' 1. 7li 111 Deny, the right, title and interest of the said Union Pacific Railway Company in and to the lands granted to the Union Pacific Railroad Company, main line, by the acts aforesaid,were . , duly sold and conveyed to the said 'Union Pacific Railroad Company";and WHEREAS, certain tracts have been listed under the Acts aforesaid by the duly authoriz- ed land agent of the said "Union Pacific Railroad Company", as shown by his original list i ''a Y- 'I approved by the local officers, and now on file.in the General Land Office, and WHEREAS, the said tracts of land lie coterminous to the constructed line of said road and are particularly described as follows, to wit: N 7 , 1 forth of base line and Vest of the . . i Sixth Principal Meridian • State of Colorado, .'' ' i Township Four, Range Sixty-two. • L The Past half of the North west quarter, the North rest quarter of the North rest quer- ter of--the—Nerrthater., the East half of the South rest.quarter and the East half of .� '• t •ectlon seven, containing live ntuidred and fourteen acres and two hundredths of an acre. I ( Township Elva, Range 3,Sxty-three. All of section one containing six hundred and thirty- nine norm and twenty hundredths of nn acre. All of Section three, containing six hundred and thirty eight acres and forty hundredths of an acre. All of section five, containing nix hundred and forty-two acres and sixty hundredths of an acre. All of section sever., contain- ing six hundrol and thirty-one acres and twenty hundredths e,' In acre. All of section nine ...4 contalnlnl six hundred and forty acres. All of section ele.'..,, containing nix hundred and ' • 'w r +.1 forty acres. All of section thirteen containing six hundred and forty acres. All of section *F 4i. fifteen, containing six hundred and forty acres. All of section seventeen, containing six • t hundred and forty acres. All of section twenty-three, containing six hundred and forty acres :; All of section t-enty-five, containing six hundred and forty acres. All of section twenty- F�,v + seven, containing six hundred and forty acres. The South West quarter of section thirty-three containing one hundred and sixty acres. The North half of section thirty-five, containing -T1 m ' - three hundred and twenty acren. 7. Township Six, Range Sixty-four. The North West quarter of section twenty-than, containing one hundred and vixty acres. 7 .'. ,�' Township Three, Range Sixty-flvp The North East quarter of section three, containing one hundred and sixty acres and 1 forty-eight hundredths of an acre. Y i cjf Township Four, Range Sixty-five ` }. The South East quarter and the North half of section seven, containing four hundred end • fI�I� f sl f- t'seventy eight sores and nineL - .:,f,(% . ' f__ {{�� y nlae hundredths of an acre. All of section thirty-three, ooa_ u.. ` .s`R#,S 61ning six hundred end forty sores. All of section thirty-five, eontainiag six hundred and +7,':I,' ty'aeree. �' -�. s " 'u 7rF • Township Sevens Range Sixty-five - ' Ad section one cotatufa6 pis hued;ed and thl rt y-seven acres and eighteen hundred- . . " _• ..'�, .,.L. rdi.rw fu ,r'Y" .�.+5YT..sRe-, - ,.,I. � : rrr 4..��..-+.. a... ,.....� , 1 'I 4:..y 1 t F�� Township Six, Range Sixty-seven. ash-The South Eeet quarter of section nineteen, containing one hundred and fifty five acres and forty eight hundredths of an are. The South half of the South East quarter of section• thirty-five, containing eighty acres. Township Seven, Range Sixty-seven. I,' All of section one, containing six hundred and, forty acres and eighty hundredths of an s , 1 • ears. sell e lI of wet Township Eight, Range Sixty-seven. . li The South Teat quarter ant the North half of section twenty-five, containing q y- four hand- 11 Ri red and eighty acres. All' of section thirty-five, containing six hundred and forty acres. l In what Now Know Ye, that the United States of America, in consideration of the ' T1 pursuant to the said Acts of Congress, Have divan and Granted and by these present'premis Do Give and Grant unto the sald'Union Pacific Railroad Company" ant to its assigns the tracts of land STATE 0 II, ted an reoresald and described in the foregoing: Yet excluding and excepting from the County i iiii trancrer by these presents 'All Mineral Lands" should any such be found to exist In the tract described In the foregoing but this exclusion and exception, according to the terms of the Il �Z,rha) Statute, 'shall not he construed to include coal and Iron lend", To Have and to Hold the said tracts with the appurtenances, unto the said 'Union Pacif- ic I � 1� la Railroad Company', �t p ny', and to its successors and assign, forever with t',., exclusion and ex- \ caption as aforesaid. it i in tentimony whereof, I, Theodore Roosevelt, President of the United No. 91044 Staten of America, have caused these letters to be made patent and the Piled for p Seal of the General Land Office to be hereunto affixed et:' Given under my hand at the City of Tneh ington� Chip the twenty—eighth II day Y—elghth $tgh�l4rF.a1 \ of April" In the year of our Lord, one thousand nine hundred and t7 three, and of the Independence of the United States the one hundred and �i/ twenty-seventh. 1 By the President:. T. .Roosevelt P. U. McKean Secretary I C. H. Brush Recorder of the General Land Office. I Recorded 1n Vol 30 pages 437 to 444 Inclusive. C". Re. 81040 I asn..fe,A.t, Al- &e.,..A� ..:w AJI.�(ot, Ce,..„ij 4g; . fllea ror records on this 18th day of May A. D. ldre.M. y t, '• :.;. . 903. at 17705 Ar M. 1P. R. Adana Recorder. , e � r`.?` ', p''Sr' , us _ �� f[ S,' Y •r I l it Iii Y ` ,:•••:•••:,.! S 1i '. .• . ♦ r t. ..•1 r.I li. k • WAY MITT DQD.—raw out wed r,Innng and Stillmny Ca,Cbl Jnnrdnr rob.. :(w2•-9fil2"'Sr UNION PACIFIC RAILROAD COMPANY. Qenl'nefNe./`3e—h �t/. rr17e Y kniNn.... r., ......... Know all earn bit S NM PHOi ts,tiot 11NION rdmrltl RAILROAD CO.PANV,a eorrrmlum lid under and by RID. Ibe laws of the Slot.of Utah, Y.h,In eon. pnotuu all stint II eAlanllw d the sum of Jr fnv. .4%4.4..a...'1 dl C/1L0�.pgJ — DOLLARS, ewn etb .m n adthen of.. le U Mid,the meet/ hl A is hereby o I/ertrel 1. h 1 t Lenny...,in to J7,,na en l ennrlltl emlanfter written,hereby rent,Mrpi,,nll and toner tin b art'(!/r/<a ,.. .[1 Yet Mkt q <r i'. ./ /?l.<: /Lf.4../+l I0RMIA.lee raael ✓/ of the Calmly of / W44 wl✓L In the BIM f _. laC.rr ".(!' lenfollowingIwXlnl rest It In Jelin of the Cnoeyyl 'l i� J l lying d beta In the County of !.! I Ile 4b.b f /ft, 1. Yn l✓ r {! 1 I� o r,/(o<! YIN, m( y /{Media)(//L rule set¢hiflRO4•T-to. .Liz.2Iar/tt�i �>�q.a /_.7lo„1/41 �e"1•.�.. • LL/!�!f 1/((y7 J/r.t/•.J'rr t 1pl!II t ✓/// /./M,• f. //l rlf/Ra l !!Jr/a r, 1 1 O r'.!.(TY(4 i. � /rGi+...l,t,.,� ' LL /Rt(1r Dlr/.I 4.r Wad-col .Gwo, feu tr(.l</n .447e:LXrL (r)lfJl/1rnJt uflf „en /i.u ' . . 11,uL i'A 6n a 1 a.11JL .4'-' .t en,�7y,4;c 0lf.'_iI)A, .,,e,1.el ./.are .-u nr ,Cren.Yxrftt..!.Ater er:r •i A iLfrl�LQ. x etfr/:L sr/•il rata .fir f.11.h/l.ian .ra'd../.y.4l,.O a,F4 ad/u MMIh Nn...............ln..n....c.r...u.M Taw,mFlr Nm..u.i._: __._ n:NorlMd_RmrF N•r,n.na.u..u.rv....._n..•,..Wnt of the R6lh PdeelMl of Salton NometerLG McMkw,mensbing.Roewhllq blM llnlwl&nM Mwal Uwml..........................................-•....-...- ...---.--......-..-..-...,-. Aindillan,a...Info,neon ww5 mama irk cuckoo,Wrrn,to a r1Fhl+0.way or bwfnl width hot my met dl county nods both/ore established neer,nom moll nennn the premises howl"dem-ells I .V a s .•.-.-..- aeon,more or Dm,subject, A'.1'CRPTINO AND IONEIR'1A'O to rid Won racing Rails.'CmuMny,lab aeama and mina• I EX'CEPTIN'G A.VI I to J _. .. er TAT 111 I I I Ili.orunderlyingmidIntuit. Awl...The t' ightt 11 Inn said hind fat..— nil nrlo.l r deal tlemin.rrwllel •`JL AIL rf t mnylo slpl.+dl be ll rein,mid in minefnand mmmro,lmm i), Oyf,.C,ew en Illn_�II. oemlm tailor Irernb willmylnlm Amid thereon lYnr p ✓h.Ld. rigid ii Numb,wmm and avow emend,'land ill pnpwl for,oilunnn.lmnn•.so + wail kn), m1�5.Theg 'I any aILuni,n,tt...nml or other nF atetes,And ll,et'tnr to normal,of*Mil P land ne m.le mmenlent orllerw.ry for the rlYLlrM1wnY lo nest Irmo moll VngTMl aloe.nr nines,nod for the nxlyenleu4 rlJ proper Memnon of ado Vrewlvl Vine mint.end for mule L•y be em....The rig and apprw'rhn thereto or for'''ous111mmfrem Sher:.-.nil,mlrn,t,nmehlur brother mink'. Endo eheonxrveto or I y nr o and orrpgnrhen thereto I 'YEDaK..:IMP right o rid Ireton Peeler UnllmM Com. to medelnln Sari nrrmin Ile mllmnrlln lig pm,.loon or mrdDietInn,nut In make nnY dein.In the farm et con,meiInn &OARI(..L.The rig, n nnolllnl of.,temit.m of ask!mllmnl at method r.l...milmr of r iI TO HAI'A'AND TO IIOId{subject In the hl •erpllm'a -- -- h premises with dl the XA le and to HA VII AND Ti yr' y "'I mndlllr the mild t ammannme Memento belonging,clan Ile mil-1%./(i:,.:.J.(C.r1Y,ar../rs7Ae.n../7h:&YeMs. P,tti/ / appurtenance.wrmnna tr foram,and tea Rohl Union nine.itablmed Company toll,brml..aem,nnt wilt,the.Sid ) r0 mmeof this nl,j Ala.foo,t pm I Y ! poser that eel Om Saban eel mid ll4well wised n(Ihe nil. yemlreunfe V+'.Inn.l lnnvmy m.Itbudd Urania I e,is' Ind e-or.g a MAD In la,and lelh nod Held In•,,,Red convey pit eery noel lied 11 n111 antral and defend the 111Ie to mw premiss•onto Smoak!own-,a X.04,la.l,<In and MAX. !minor.M orate In fee,en. I forever ID/4W rink. no Ewan alimumeirn O n•er note Dm Imlul et, R.NCRPTIA'Daa aphid mil In.ten nil awv,nrrnn L+lad rpm mil areal+a fn Aping de year/7d'/.. I ndneq,e tP MMRn,bamrltot ntJml a"Y 00,b,line nr lnnrmlrmnm en ..or moultlnl.h fit, 1 RA'CRPTI.VO se my�� by min Mrm hen lln.dd tm,nn.,.l„n u,r.......�6L.o_... _..._,Ly d..�.le>"n*+.e, InQ.O.. ...idol.. And lt'Ame.•mid Union naut,Roamed Cmnl'a„y ill,on it,.lint.by of July, tool,<aralr and'knot tone Mrreanllk'I'Nd Company a pWIsann, by any 4 Paid lbltn.d Gottrymm�F•tlnttin mid The Mrrr.utllaTrost range.of Now York,M'fmdn,Wrli,,are and tted,of ar'VmWI*certain mortgage'bed wherein Ato.d norhndtm, deneAe.p anti Inul.oe.lLemin menllwnl,nma,pl deer lLlnp,l4e lanJa M1mrtlnMlon veld Hallowed CrhMnare .I D'Amm.,rl.I Union nelS.Ilnllmnd G.rnpnny,.III,Om eminent the sail The AkrranUlu Tout CamM.P oh New York,Tnma under lLn mnHRn drmllmq and, .Above net berth,it,,mil able,berthas-6,m,IwriuA,umu'he.old M ACaoopaJ,hr add too anwJ'nl, wArw.,PIA t.,.t L Ii 'TOM hie nu.I In ennswraU.not to mint MlJ aodorerld In Union Pndfe Ro,ot,,t fewnenr lee Paw Monte,which hag aMwrl forth,Dm owl es m el money hum leen NMI to mid The to i tiOln'I'RUI Cougmuy err New Pork In Ito repnelly ail Tide,or tae been Whsle properly NM m Reoriented few an.lar Pall mnmenge,for Om m of many hr Iwn pfd uses and MTae.mentioned In rid mod..demilp.l pugnw motioned A'otr,TNA'RA'Plons,Snow all Men to leer 1'rrn+,1R,Ihnt en let'I'l,n AMrrdttn Trutt°wow yof Now l'nd.,'fn"Ion of It.dnmrw mnrpp let,In{nsl.emlleo of tie pn.ml.n I and of lt.pYmnnl me ohmwid,A saki nun no Ml.l by mid lin ll ,I t'a,nn.Innis it ist Commµn,for w the payment ma Rh., �ff I ' a.tva,,. AImnl.14,(744 .../ .y 0'a s.i,,j.t CnJlmm�rflua f:ulx, antMltodm onntaufon,, 'J oublatl•hlt,e esnpllnn.,mrtralhms mud mu.11llur'nlnw written,,mm rho mid. ,'.(.(l'yrlt/({ q/,Cl(�Ur.1.aa1,�„�,�(/�ILsi.i..4.fGL, .II Um red nuts,Iw.Anl ato al t.b du held by the PaId grantee Dreamt aw,pt frtnh dl lien.,Dowd mine hint.h. �' lb.eel In Toe r willed me rya+sal mid mnXpp ukel of Ile I.oil nI wilt, Ibu1, the owl Mole dwrlM•lufr' P, ptQ*a l.Y Itawe•Rn IVIIAWN',On mil unmoor.Union Paolo.Rndmad ennlMpp has mom.Swop mew..In I.onto'with Ito ' �{ 4 ., o'ery.mlemel,and l..he Alined ty tt lx'Idn,l,and at .by Ile A.Y mu peel Lr it..Laud email..nee .-7.—i . Pal s`�Q 8 / y { nod bp Il.Auditor,and Red Tilt ltonntllnTrust OnndmnY of New York,under mid mod pp deal a July Inn Lme 8 1 • QI If re 7 , "ot UM.pmmndln bonmini with lb corporate nat.edNM by II.1,<nPrMJMl,who k thereon.Andy minimised and o D /d9 Mt, } th.p y l� n,.pnr�I by the triewnd I r..mlenr and by mril6m of lL llnnl of Director"U,h......2a.n.r� ... I �C A� - "T h ..L_CDer bU to' ..A.fLlvo._ r :)r r c\1))1,c41‘..) ,174.74 X�h `� VI 'I !l a .`,f,/'ow ar.:n≥., ./,...Mentor,. 7 I sy�tr IRl,o,,, UNION PA CI ItAILIi0A0 CO\IPANS', l rice./it Aileen G"'✓' �/ ' ( I 14`d v / tin ly.d/rI u)../�Ca Al ...... ((<�a .r,..lA,a dS S�W\ ~`, tiq./fit -.: IIII DIF.IIL'A I Th W\IPANY, TRUSTEE. 6��`+) p • fI y/) //T L 1 y�.Attain STATE Or NEW YORK, .- - --- -/i 'UD}• PAY" Pa 1 J,� • STATE OF NEW YOR I I. NA'IT NENNIIRRRgo II1 II . -5 !t, I.of..rFLrbr.t,/,r/�.t,, q A.It ypll 0. ,1fns me,n felony �T 11eiTo, 1�`A y. RIII I If Rohl U tinnily, It,,UNION PACIFIC RAILROAD WM1•ANY,by_`Ya /. /t� t \ I\OIQYIto Ylmrrtddent,who k Pnonnuy known In me to he the Ltaarnb t✓•.• In:. ' [ Immnwhoee.m.onontnr le cote rnmmbg Instrument a Paw YlenrotefInod. \ t 1' I 1 Cthen and there r4hn.MIM.I the...Mon an,l.oling of mkt Imin,mnm b M Ida ndumnp al anti deed,and the mbnmap set and dwell al Pail 11Hr(�T'I i 1 �� J I Comm.,hm Z :J ('a Puy l\e%:. IN Ir1TNPSA truafrf OP l hove hereunto Pat my hand and nmdd..t tide...R 4.(Q / �/� .. . � [` l\/ A.to.IO/.Q..at the City of NnwV Pak In mid Goa . lint,rLOIG+r,R.l.c (e I' L1iQc�f •ke/, .w1,�/ rani none My minima-0m tau.ty.Zile./PL/ GY / BTATg'PlP<AE1V 6f�, a YORK,1„• „cc NM.T Public ✓.,, lt,,D r ;Nei:, Country or • wl nc ff STATE OF IV YOR BE IT RRMSMas and for a this �-3..2,./ lay w COMPANY, ..J�J/��'l''JJ�j".��$//'' Co o.N_w TWIN. { k� 'y1� Notary puMle h and fa Paw&moth apparel TUE MERCANTILE TRUST COMPANY by Z..Mfg✓L[!1,11G�W.0...before me,a 1 lt,, f" l 1 Its YI.Pgwat,who is p.rv,ally known b me to be the Idellnl �,4"��QII l�h / 9 Y,, I. \ '. aM then Rnd then rknowkAged the execution end walk.of odd IMrvmmtnla be nY wl �IMe b Ile foregoing Instrument y aeon n died of 1 " lfl{I n'^M°Y. Pay ae'aJ deed,and the voluntary set Red Jed of Paw }�'1y-t,„� I J J IN;ITNRIR NIIRRROD I Fan Mnu.b Pat my lend sad am.W mat thin a3-Lek L O W + . - k�lIPa61Le -c4 MDT./0 tthe City ofv Yoh,laOarw County and Sale. My ml.ko..plrn....ta a7i/,301.(4,/p1.211 / < .l .1,2 ..r Q /r/4.f ALCG N,. Y ,,, - Oh> --- Public, �C . -. C IlDl81YLD Ion R.uwd W .K..!III� d,Nv,z'ee Ili al�eL• ._._ (r� �I'. • eLW X,em remora.'to boo c„u 2q ROSEN=for Hewn . afL�4rp.... .G `h yy-- J �; _ aAAG A.✓ -->C4.,.c.6Lcl.M./ nwtraw. i Par rte..,-_ .1/ ! �,} e! a �" yy�"n" Jt 1 Ir. r L+. er.J¢ 1}d4,^'i If + 'Dole t l 1 1:: f !!lyiC Cdr d�ti (� �( E rL t t .P«E �,�fr�.i�x II ff srT � ' 1 "TL"< 1 eraurrt tsnoltrooan-n m,nsw ed.nx teen a. ArL.n art s �'. D as set / '.'1"‘. -t. Jla 7- 1P._. . I! this IDeea .lfaas il'a jay of_ .. — •' 1 .° WARRANTY DEED. I e �w �- t 1 _ ._— _ -...-..:_--- II In the year of our Lan{ one thousand nine hundred. ial 0?'I.fi between I .', IR0N �74P:e 1 b:ii ee.7 a --- e ,: 111 { �' I p e //// [-I to of the County of -4p(. 4S,Afl, and Slots of Colorado,of the Rree Pare,and - I ' /.a.:t.�,Lg t/ ..4ur. Id fi STATE OT COLORADO.? of the Courtly of /.rf..":-Cl., and Stale of Colorado, of the second tare, y o ante or sun. " W'JTXESSETI, That the said pare .of the first part,for and In oonefderatioa of the suns of it • This Denman'',Deed was fljgI j ii n' r D .rGf/ I set set > n dock j/ i, it J.t a l7q or• ✓ (7/a0 d) . Dollar.. I J,- I.,M f to the laid part. .- f see first part In hand paid ty afro, to part._<' of the second part,the receiptgo Yj i ) 4 /[ oho rot 1./r<rotr nPoeaed and acknowledged,ha.As .g sets 1 rjalnea.sold tad conveyed,and by ® 4' ry rJT. Qrt�-max- I. these presents do.totf grant bargain,sell,convey and confirmunto Ma ea fel part .-ref lire sewn.' ' - Pare 'Su _.. heirs and assigns,f ter,all the following scribed lot—or /�y�i �d parcel of land,Dingle,lyingA0and being n Ur/e%Cor County of Lead,anti Slate of Colorado,/l ro-nn: -I I .. 't//Le MW✓./r p / ,-4,-, ..g1G/h1 (.4_,-e./ccYr/OlA-elU21 Cie�-Cosa •/Kent2A tit (c)2IotzF /cant/ -,%A / :at,,e4.. 40C , Clhe�nten dill. `Ca- gN> //set,/i ,Ce41 �l d.L ,/'G�,/ ('('�/l,a at,Jm fecal eZ....ft,LII. ,te.ez Lu%/'toa,/.C1C44 �L Cc-IL4U LfM-1 �LtL /U<qy,�.f G /.<.GL/ -a :a Q C ♦L < ,7,r,“, jit< •y/�(//f$�(E0 ....e, -/o--teriV: 2-rI/-(s4.47.4-tie(. ...o I .slit �aeeelasit-<.l t?o•es�//rte,. r/y�[..E.�i. s /1r<l�'I/Y.r.f.L l,,// «O:�rT(. �f✓�ee�"fJ[C.U4i[. /✓..CU[ �% ($,e2)../,).”,//p/ Li/ A/C (�'S� 4 //o is I /t.LG. /1-. ( �<1/,. U''VC.r , r/'/J teen 41 2 ...1 G O if_ , -e/cit./eaeto"R,JA. zcte LN. ha/J- ✓J,./2/i et. 1 17)./Ll'1/l.(/� 'J/.(yLU/ .t..Ea ebtlf-- �r <n...(.44-4,. f.'. 74/PC (.0,-S.)Aettel vie ge-12.Iwt.L.4(4 t;C� 0ILL Jlaneue-• rY?X,J a ✓.t/tA"ii c!��Lt/enn. 'trite jie 4a Jd ./r�e.rv..L[r e r.e� la v+./ euel i I AEI. Aid et.%ft2ut.ttatil I ad 17 [[Az-v-c� Yewvf ¢ocdi -1 ii$, -/act ../r Icy,¢�! ('�� r�.G� -!not/m, .d+�r� in >fm�dv a�Cat/14R/ drt. (!m� J etertarep -total;b. 1./l 9l 1 Fj I TOGETHER 'yids all and singular the here,?ttament8 and apimrlrrd.rnees 'hereunto belonging;or ha nrupviee appertaining and the reversion i reversion.remainder an,'remainders,rents,mutes and unfits theuvv/';and all the relate.right title,to tenet,clod ii and deaurmt whatsoever. 3 i ; f H said part././ of see first port,either in hue or equity.of!nand in the r/sv.lrryrlrr,l perie "Nth Ural Iifamrntsarot nppteitenst nets. ) a TO ltd bar *J/T DI 70 HOLD 11 Raid 1 r n ices atom berme fd I l orient.d sal t e npf rte a we Il Alf I t part.�J f t/ serene Part. , d Ig f .4 nil t/ ll .. s f {. . . r/ .. I .I t t the first pair&f p . , ire. i I executor,and administrators. 1 nl istr 0Le L l given!,bargain owl agree I L Willi f mid l!port .�••w f"fl e se d part, _ `ft-e.i l is e d assigns,that at the Deno of the l adelivery of t/ .torments V -ear el I of fl premises l above conveyed.as i of goon,sure,perfect, bsolrate and indefeasible estate of oared toner.In tau in f.e duple,and h,.e..svo.L right full power antlawful authority e to grant,bargain,sell and convey the stun,in nianrer and loon nl'vrrsnld,and that the sante are free and clear from all faster and other t grants,b,rgains antes,lien,trbret,neenmen Gib d i Unarmrs of u•ba tuar A/nd Oct' nature sower;_.. I1 a / and the bore.bargained p_. e ...�%.t q 1 d t en prom f/he said part of the second part, K-44 heirs._and I a • assig against all and every;tenon or per sane lawfully ea n ing.r In claim. the blots or toy poo Mercer -- the said prrt.....of I a " part, n, I the first part shall and will IP.rrant and Forever Def<nd. // `- �/ ' IX'FITNESS WHEREOF,the said part�..of the first/ a set .rte-R. hand tort seal.—.the day and year yere-e t I I n.e,Dweunlo O alone written. QD f ' SIGNED,eutm,nonmurru inn u:eersely �1f� sq.2. .1 o't ?el'..,-e (:,:i_) A._� ...t ,..o-t�. ( �l at . ( STATE�r OF COLOADO, ) p 1� /� {.qy`,.! e :; e+nrtln..1 f A.l a ztin a, U. Sri f 0.,7✓/0./ti e. �.G.se�e- /n and for QM County in the Stabaforesaid,do hereby certify that ',`/'J�''� ''I(`'''''` �"f- e! I -- personally known to me-4 -.IhI'person�wade a name .4i subscribed to the .{ f I I -.4nv✓. f Deed,appeared before me'his,dt,y In parson and acknowledged oat, `tL- .signed,sealed and delivn.d the saki (' i :. frufrua,ent of writing as *r,:O. j and voluntary net, i ne,frthe uses Ll nrpofn therein eatjrNl, 1 lta.rndrl„ , ,., My _been bV me erne se/a f nnrnn{mfta/lunl .usLn ad. nmtU tlenb area lwrt M1 M/d tnetRftlwl of wrLting haVLng b en l/y laJl de t:M d eSpla/Mat he,Jo sancta ge 1a 1.4 M that in had Mel M voDlnfnriL Teri Ike Mnae,Yuari q I hid her-Asper to re lnmLe a tha InaR .eJ�::Ju»l7WIYU.n:7-.7nuli.thtfi � `` ✓ Ogren'settler m hand and PLR/t•t4s-� :,T/.,Lt rlite�ease.. U ... seal this / of. C*-•�veinal: t Die::: I rot_ d/ coaunfulon am/des /�<O -P"--it_/',f0/_ / .0 i, /J • •p. •. .* • • . ..a• ,f , ! • • • _ •`s.4� r.... •t.j:,•� r • 7rr a .;+ f,6...!,....1.,,' „.. •!.r• '{;. •t.iP7�r:f ..f��1j .th ,:� .;a,,••:•l• •,;•::.:.f.!;.,.4.,-.,- ;.7.A'1%•.'•! ,;• .•h, .r.' ';•: -+ •;t•,• - .• ` ':' ,p�`.'.` ,?.'F'yi,�"'`.a_...•••:'• :•'.•I�kp• f .f ;• �s, • • _• .. -,t p.!, :...,•,•;,2.11.t. ! f.` '{•IT •\• ;`,;,:;,,I."'.•.•,...;., ,. .;r1 t%• 4 .:1l. �'$, t1 JI.'+t \ 1.•.• !-!. t S It t:. 91;1'•,'! ,`•• .,i. - ..� ••.`•�' , t t eR 4_• •A:.. t �qf3 a.S ?•r �.a' • '�� a 4�t.�1r i'It•. 10,0ty rr'rjak•t . .,4•b%K1t .4 litr' 'i :4,4 Yt y. Lr. J•,.,,h' ! .w �,�1lwi,,r wi4 •1� \ ,.. .. r � �. � •�'`r �� ,f '•F.X s < � f• `ity,4.P.4.•y,y•ul . .,, }'••i., '�da. s, j'..:,,. .• . :A; } ri.;...w: �.et ;.,,. ,j,+1? �4.,' .M=' s r•!",t•: , .mss••(�r':74I1Sw Tti.9 i•'' I S" `r••, "• K, -, .r... .:tlrt'C1 L T t ,-1,00,-- +sra. .a 4,..�•4R S A" a ' l .• ,�t;' �'•l, fit,, , t _ ..r 14,..3%..7 's,.-. .nr .t:s :17 5:x'1 4e, tv( { �'Y.1f!,'O:,�.e f w•+ �l'' \r;.f..••••••••.',.. ••••• y i.+, `fjyn }�„ .'f,'/+,., ..�[ •L•.. -..1,-A4 � T."t'•_vi;�+ .�'�.. t' "Irk y •`�• •Ir' N tYfir 1� ii..;!a,.,�9,A'r ..:<' r {t+X,`J�"i,s .i?;.':41:t''-ti +,.'' ) _! tip sF11.4f,. ".fit �•L-j' i' , a ,,,=f� .r..,•• %.4•c' •lY,-.., • `}�9' ?. •. ; " AinG1.41.5. • tag'fai •!.i%: f. 1 '{:;'j"r ' y/ °. Nr.. '/1Q:7 7 ,;0'4k;• K';i!r• +Y-4,*. f, , •-i.:,''a•r •... i ,^— W Ilia Eeeb,Made t lie-reams c. .daj•a�saw�.. aKs!tr�e •a e tl •I.-}.r'• rt,' `, .• 1 r':7 1 I .t '� _ r U 't : ' WARP i...�'.e." + -,r.. , .,�•> y, i i r1 a Arit�:`DEED EQ the year et our Lord 00•thousand nine h�drld aw.l p! ..i.• `puii y� �� .._ _-_._. .____. O ' ° a�:x'' 3*. .tr ,art �� x { { � I j ...s`�` 0.� d Lha._ o[._��"f�.tr� _....-gad State or Cofaado;et Ibf't• i,I a��% t f I -' —...._ :_ i:;^<t." dl,+rdygp b f' K iAntparf, y .1.�+-- ,f ; t t, 1 d tha r .._.eetmty at••�' �,r ,s __,:ed Stete of Catania,title down,'pact: 1 'That the mid o. tI/ . s "'.'1. i::.11:4,'";r''• ••'..1- s/ r . 4r ; I i j •� _ � , Dart .iv D/the Aral part for and k aoeddeYt►tlaa er fits t t O ., ,, y 16.4 iraA s ooLoiunol d_ �� . �«v- ca.t.r�..2"•. '''{ 'UbdLLA t' • .ill in •' Y' i 1 1 I TUi.W Deed was Med toe record / •.,; is -.....,.,:;...:."7"..f4,2_ .t �. .,'•:,:t.,'.y 0ase �7 t t e .:. trheeao(Y hereby confessed and acknowledged,hi...%area barftt ao�d'aadsad J iat..�.o'eleek m.,.�ar2.4 I01� r , r , , t t ; t w _ ty � y�M than meant'doh r..;rsnt,bargain,sell,convey and confirm mete the acid paflrf er the a�e��soed s D r t : : lumodae• pert,_,. .......heirs and assign forever all the following described lot�or ...sand a tuav tI - `.. ns •2✓-' iti....... Y 1 .ty, lying and being b the �_o �..._.._Carmtr of Weld red State orGbleride,,. wltfr t iy:t .- . " I 1 ,, r 11i1L �(/jJ;#6--•t 3 _' 9R•.��-.�K1/ —a` _.Ci�i.L_ } ..�. .. -.., • wofc�c .'�nro-}t 10.11, ;7• .1 •i { : 1 r 1—�_`--- G!— • Y� •rG�fs;e� C — ,��.9./. s�Q/� L9'•z •r�Y}Y�.c.!1' a • 'r s'.... 1 1• '' rV•i ; ... :.29e '7�litL. .J�f:-4.zr't+y�.�16r� = 4,_ � �'�,+I. ' ` - e �Y �'1 .4.,,-.,,•f •� / " r r ' _._.._ L.OIt'-=..07.rLm T,t_•(P:4_Jnt;734 f...._ R.I�O a—r. - j '�`�• �^^•Y• }.A ,, .I 'f _.Z 4-7"Q_ t-f ter!.e.�e.. 3&,44.... tiG.t,.i _ess.ntis —, A.ae.f- • Y•. it . .. • .• ,,4k. ,•!(• . . '.. , .-.• ., n.. �.e-e.e,c......2. d__.2—3 t_e� � - � c- .-�1 fG x.._�.►�.w_...:CL.�• _ vii _�_JLe2!./.._ -fi a -�LL :c.cr -- e s .can...,r.� ,� ../.., •. t i c. .F 4 4 - • i • _.__...06...re....1....A.4-.....C off.._. 4.e.s.t.c..�......>a. --7--� 7�[ :«� ! T � � _it �a e�.�-. �, /. '`' � e_G J • ' t,. `- E Gas . -��=sz �or� x._� ! v7�jd+ '�.�Yr ` l . ' I ! ,� d es.•r, .»L 4-L, , � 1 t 1. • gelon E ! • i TOGETHER with all and singular tie hereditament[and a a theretmic belonging, anywise .' .lnfn%,end the tNarainti i" •a ",.4: _ 4 • t I i and rrrerelone,remainder and remainder',rents,issue'and profits thereof;and all the estate,right,title,interest,elaim �'and demand whateoeree.4. 1 I i = the said pert_cs,c of the that pert,either in law or equity,of,la end to the above bargained preu Ire.,with the bereditaments and uttrie tt i , 1 I TO It V AND TO HOLD than r 4reenies above bargained end damibed,with the'apntvkeanooe,tmto,�._. " ` r ' ;��lry u t 1 >. \ the said part_e.of the second pert,_... ..._:_.._heirs and assigns forever. And the aid,..,—_ '� • �,F r .e ••''.' \!` ' I I . _. Gs c r�r.>irtaPL..... a ii Cs.c �__.... Y I; j t i N� I� 1 I _•••~�•p�aK:e•.y '.af tho Lrat F �e J part,for_ ��j...../iten4._..keirs,eeeuton admutktrators,dolteoveoant,grant,bargain and agree to„,. th the•aafd, 7; ,c ' ,,;t , ; I port of the seeped part,.-_.-_ ,r.,C_._._helm and as itgna,that at the time of the emealing and delivery of these prow —...tats. \ 4t' S ; •;: 1 . ' I well hilted of the premlesa above eooveyrd,as of good,ware,perfect,absolute and indefemtble estate of inheritance,In law,la fee dm le and I t, .o••; t 'D ti bf •r�^; �'. I i good right,full power and lawful authority to grant,bargain,sell and"army the same In manner and form aforesaid,and that the.gone esu •+ clear from all former and other grants,bargains,sales,Hew,taxer,eeeeeetenta and incumbents..of whate er v�ig{,�atm•! `:` a'° . kind 1 4.. • •• ,a }.� 1 ......_._...-...—... • , ter; i'llS 't i ter �,`j'r 11.e 41$,4 -rig ; i'' r • and the above bargained premises,in the quiet mod peaceable poaemioei of the rid part.,,r ...qi the lee.*Pazt,!„�r�ya.� 'ytyah:g ° - r '1{ Y •. egrtmt all end!very penny or persons lawfully claiming or to claim the whole or any part ,the maid part' a!,•,r:q;d!.s.ff�rp`t n F ,r • .r i win WARRANT AND FOREVER DEFEND. i.. + .e_.ya,t;:d'if`,I�I�S�t•. O ' �" .q i • IN WITNPffi WHSR£0F,Th.rid the kit pals lr.[..iaa nto wt,:-.�r.Z .lrnd.:4 d aau,r, + • _ • r tit abase*Atka.. ....'••. •.... -`i''';..v.-.• • c ;i ' r:('tt1544i7 � t+ • h • .. , `l, gigmed,Sealed and Deemed In Primaeval' r• r4° '� ` 9 ' t ..' r.• , . 'lyt-�r p t i.04-. a ..,-:.'......"i'-.,:•:.''',.i....' ' [^+tar"'4 +,+Jr, :w X�)• 1. t t :t ,t14 :,:'• _'•.i",r. e. .ti , , \�" 1 art 71•• ;.1 y '} ' I . .. :S d;.!;i:t.,0.,; +. .. , .ti *A,q!-., sr,`'4.r?,:�>rPh tx2:w a:i=Ak� + ,. tics tgk,4. STATE or COLO r t1.t µ *tt •L RAAOr ,r�t t 1(y .I j3iJ'4p Z�'^�''ti'�, .i,'.+.`I,'"r"a�•_l e `v t 1 R r r •,,,,r e:' r ry+ .''•' . ''.; r�tw i '" '' 9 \'' . ''Sf Y. ttrt- t .i. te,,I- •tilt' 3-.saw. E'Uir+5,:w ,r•r• it b• . E a '7 t 'a•+`f i • c,. 'l,c a Notvti'Ptrb8e is end/` ':-..'.21'4,1.. r�amt th$ihi Btata wf:., . `�.`�t_tip f , 1 ,1 a `j .�F v•�,�� a rtrs/. 7711tr tress -..',.7f.' r n '.,..,i.,•,.-, ,•,brut ,•' .,`r'Q 1 ,. .t -•^.•, t, Ra{G�.3*L a.• r {�`��.c t" pr�-i�r',•y.... �. -(r,/}�.� ••t •. �. :r,.�.. ., � "` •j��t„!'�..•:I... � � r;,f�. : � • • :' .. 71 Yi�.tale trO.n•GaRa ' 1 M uaY .`.',J,S 1��'�.yJ e1;►., its• +<••+ ak,ore41.v f'1'44-4,4 t•.;.J,• • i t p e .# . c '' . ,:f a r :: r' ra..iiid. dd{tl.idigedilid7r•r�. sdwmtaoL G tri. daivAidii r.-. 1r":(...-...:171,....t.:.0, "'y tip,,,t a• -• f. t, !me(lla oa 6d tL.tt�l'asljr... n•,.41, _• . .z J.•.. ? r°, ° i:•; r '�:d t �. :f•. a•. ■jj`, Pmp 'at,r'1t+ dN; , ._; 1 .,K tir 5 +. i! \ ."'� 'ti • •'47,,y 'A ii- •.lr J'r•�M+(`t + 1 .say �/'. ••Jx',^ -. :, r•. •• ,. S�� -Yr.+Jet:,f.27.4'412'/ .6...1.2.L�.ea}R ..f:: �'. 'h ::: '` 1. I /6r" Z+►\ r .,1 sect..r3isicwf-'a.::..:si ;i.td.�etiicrwadr s n . r' :�ti. F,' rte i 1 f :1 4, r rNt' ( ) iii31 I (. e ( 1? ^F. y amass s--lve Wal l. V or ass m,tenor awe ,, --'�_ — NeJp. 7N7_ }�{ �y ' [t[T1T•CI ArM HEED: glitz Ate?), Ned.this. 1.r /.G!✓ de at.c1.,.._2A/A,.A,. u < f , _ ] IsO he{M et e r Ind Mel tl sand salnprunic d and. ...Lin,t.rt.6a/...-peeenea . . //II riveter p F / .._._ n 1,,..(_ -- fl I.H.e .✓".n. L 7. co�/��tfff"r d L€t( and BIate d Calontb,d the test p!Ut,�-_. . - __ _..... I • i..t .• 1* t_,w (i '.,••^_t //,t.A.. I .t.. a.. )tt...,}.�t.( LA.tLi•f ..Q'at&.:.e�.a, . ._ _.. e' arm . RAa.ey to testa 0,is qut-lm _._ This quit-arm Deed wag filet for - • ..........—.... :I al- ,f f . Mat r7 oclock. '(...:.M of Om_ /Y , sod State d Colnndo,d the mend pert ) ,-. al .,,a• . 6 Ow) ( aan rtash,Thai the said part at. of thee Seri pert for and In rldentloa of il+.am of I. tie'(- u t LC .. . .. ..alum net In klh the �� I e sac.,.. silo , i By/ ) ! / lathe paid part./ part pant r part e/. d the second fart the receipt ;17 ~ V,,,"4-Lei.t- ix'°^./ whereof is hereby contented and aekewwledaed,haL..,mmYnl re.eaeed,soh:.conveyed and Quito n y Claimed,and by thee.pnnnl. In.j a...error,pewees,p.0,convey and Quit-Claim unto the pail part• u:Ike weed Mrl,,,.tt........ ..Iw1n p' and—upd'a�r forever.all the daht title,interest,chitin and demand which the said perte, of the Seri part he 0 In and to the following deeaibed { I.t, i h+yn-+ IL 07 .....situate,lying and being In the ty of Weld,and State of Colorado,to-wit: t i I - dJ The rigght to run waste water from the Farmers Ditch through the lateral from the main ,Ii ditch or The Farmers Irrigat ing Ditch & Reservoir Company across the land of Horst in the Northwest Quarter ()Ilk) of Section Twenty (20), Township Five (5) North of Range Sixty- seven seven (67) West of the Sixth principal Meridian to where the same comes upon the land of Jii! f---4C:.,f---4C:' the party of the fret part at a point 618 feept west of the kort{feast corner of the South- J.. i west Quarter (SW-' of said Section Twenty (20), Township Five (5) North of Range Sixty- X11 - ae�{esi 7 11set 1c eke lfth Pr}gaiRal �lerigla • isc the SghL bbo o cauPss wi1tph w eLe v, � c e rip of he I eat w s ore an , To≥`i along ivie (5) North stag of theSixty-gL 4? ' Quarter (f ) of the.eald Section Twenty (20 Townehl Five (5) of Rang�eq Sixty- -' l( seven (67) West of the Sixth Princleal Twenty be n at a point whl i 1�y-6 set tut j of the Northeast corns?.tof sa l,,Af 9G1Lin. se a rr. d Sria k�o ' t k 2� the ccan inA west a dJui nae oof s i Southwest �{ TAU ,r faction o q 1r (2 f '�'�'s.. Townsh F down )a o Jul of Range! sold Southwest Quarter ( he Sixth 6e Principal pal Me than Township Five (5) North of Range Sixty-seven (Cl) Went of the Prinu teal Meridian. • 41( - • his sat is made upon condditio that he arty of the sq0opd art will oc 1.. st(rd•uct twelve °heals in twig ditch on be Owe ve out ytri of lane 10{16 he nor£h side of sa Sou ee )ar er of 1) of ea Sec an eat 2O), Township ve (5) orth of Range Sixty-seven (6 ) Rest of the Sixth Principal Meridian four of which are to be so constructed ae to allow LM party of the first part to draw out. ''water to irrigate said � �t( S thweet Quarter (Ski); and al upon condition that in case said ditch a10 the north f t if Slue of safe southwestt)Quarter `u'e;t) washes during the season or 1921 5o se to destroy ♦� 1 .. more land tlon the twelve tent above agreed upon, then the party of the second part shall i) put in add Iti nal checks or rocks so ad to keep said ditch from wishing. it . To Han and to Hold the Same, Together with all and minimise the appurtenances and privilere thereunto belonging es ht anywL. _ .. thereunto appertaining,and all the relate,ride,title,Interest and elalm whatsoever,of the said party of the Spat part,either In law or equity, to the only tae,benefit and heheef of the said rte of the second Z1...✓••t,•.•,1.Iiannd W forever. P f . i 1. .. In Mimeo Whereof,The said rt., .d the first part has hereunto set .Let,. hand and Peal -:..IM day and year f etf /net elms written. y. � ^ . Stone,Seats°awe flattener ter iarian'or Y / rP4' ii i�t a _.... /TAU 07 COLOLDO, ! ... ) . I...f�-)e .-n,•t.::� a Notary Public i.sad lac_.__......_.. - ..Ceogarr o/.`1.6t.. nC_L- I. LLA i. I - •n.en County,in •_.. �.del_,.. a .• dm BAN a/ode heeebl certify that who.. ...'...personally Icemen to me .-6.,t'( the person --whose namsa ' I' attbrdbed to eU_ . append before - • mouth y In perm,and acknowledged that At/ signed,reeled and de said br4neavt of writing -4 . 'o`\ dye ..._.....free end rahmterr act...12-tt.(i'..t4srsf_.r.for the uses slid pyrpsn•therdn set forth. es r h v rno, Cle under my hand and; n rf*eu.L...real,thi.._6.Lt.. _.day of a/Ct.-U u/_._._,A.D,I02P._.... , Plink.. c a Clem under cwomiion emirs... 2/.fry / . ,1p2L.. ( d .. 14..ar....' __ )Y.:.tc.a+t.r.!!� -- - due _ .��..0/1/el , • w leer-•dad-` Pd_5_.:J23]-"bf-- --OTInek_ c*._ • Rete;illun Nu,.-f?i i,BH C. G(�irnpIL E nn orcer . IfQl'„ e iOt� I't fit h ►)i Me. In*. QUIT CLAIM DEED,—Onrnritlsn Fns.—The brWatd•bobtnwm Pt:. Co. min.':cowmen's fatal binnU, bettor. Ebb $Deed, dayof year `Made this l G .,1'. 7Cr ; 'Ur �n the «1 I EEE I our Lord one thousand nine hundred- and' t',h i -t-..-; . beTt:teen ,; I I Iron:. i()l:: '1;i;' ;tl :Jot":7^" , Coiu�"1jlei , . I a rorperatioll duly organized and_e.xisting under and by virtue of the laws of the Slate of Colorado, of the I first part, and Tit: . . 1'n IT' . 1, i • ii I I Qli I _ "itJr , -,', . . 't:i.or,, - - of the County of i. . :':. ''. and Stale of Colorado, of the second part, ; ° I _WITNESSETH, That the said party of the first part,for and in consideration of the sum of ;r'ic ty ni, i no/luu -. .- - - - - - - - DOLLARS, to the said parti of the first part in hand paid by the said part y of the ascend port, the receipt whereof II , is hereby confessed and acknowledged,halls remised, released, sold, conveyed and'QUIT CLAIMED, and s, by these presents loth remise, release, sell, convey and QUIT CLAIM unto the said part y of the i second part, i t i "c am-designs forever,all the right,title,interest, claim and demand which the i ; said partjSthe first part loath in and to the followin'y described mall ant;r to situate; lying, I . and being in the County of ,ioi,1- and State of Colorado, to-wit: , . ,,. :-. ti'l'l of land 'ZIP tuori ( 1 >) roc; t ill :o' north '.l ;(1111.11 :110171.. the south njdr, of the ;;o•ethlreot 1Lu'i'rter (i1;-?i ), of al :un . :^enty , (LO ) a '11c-lni"h11 'c'lip.: "( .l ) t r i'tn , 'f U l' "e Lit v' t• -a' (t II ir; : t 'of the i;tt '1'rinc ipal. Lar.idlsn, 'nee innln't nt n !;milt 'ch.,' e 1 lc Dix hun•rod . 1, ei„iIt00'1 (:,11 ) rue .pu:,trd. lib 0 tsouth( n ,, to (. the 'rtlluczt .I 1;l"2.' r tar (i 'J, ) ! . _ . t, i1 r, . n;, fy (20 ) �,Yni 'un;rin: tin; 1oo ;c: , , ' ' olb:t ,ri(e Cir t, lul'. 1 . 111IGL;;-n;,t .(1G'.Il ) alt I, to LI gulch. _ `laid tatr:ip. of ltnid ben,n' 'onvot od ul,on tc rn to 1 ',r ,1--L),-. 'hut it t ' is a part of 0 right of. tray for t rust(. ditch of lsii part;, n'f tho - _ i oon1 • part , , Lind upon the) :prCnu condition tlr t ,t"hrt I n1 ivithinin ' �} anovo n l+t (1 n 'y'.l ft 1 03 of 1-ho .1 first 'ii tIrt (bud no L 'The' U11itod :itatea r .. i;otlanal ,:fiery or i)e'ver, Cr lov ;,,1b} aro to 1 uiri ' .their. •own 4Yr ` oxLien.le A fence 'to ..c'ep s took. off -of said right of -way: ; • } e . Ss•u( •,wyy .- -1.'12..111` t , r �+� �� Of;i: '' # k`il� r S, 1 .Irk ^t y1 .t .* ,u:, , ' ,fi z vJ" a a r Y 1 t , a� + a r 4c •v' a . lw_ ' t r '� ( `':Yt ;16,-,',..,,,,,T.0°.0 , ":i' t, 4 F 9s' k.�y ,-gli�i , ::!..<.177,,..t ` ,'� 7?7 Y+41'..- P i y '.d. tile„ 4111NS, r 1 t':4'4 srn.tly.iA '' v''9,a 1} .ir$ • 'i : is .. n'i ... — ' - - ROOK 9OU OR 1 Uv — TO HAVE AND TO HOLD the song together with all and singular the appurtenances and print • t, loges(hereunto belonging,or in anywise !hereunto appertaining,and all the estate,right,Lille,interest and • • claim whatsoever,of the said part, hf the first part,either in low or equity. to the only proper use, benefit • - and behrmf of the acrid part- of the second part, i' t:;/' 1 rinri neagns forever. IN WITNESS WHEREOF, The sail R 'kf 1. tPet part bath caused its corporate name to be • - hcrrnnto subscribed by its _ !'resident, and its corporate seal to be hereunto affixed, attested by its _ n'eereinry, the day and year first (Thor,.(Thor,. writ/en, '. i n!li 1 'lrl'� I.:; ,i • _ r i - tSuv_e ih,,i ct• . �'y�b F71p r . • i • coin,+a t`' �Yc. 4 ' - Ira, 1, T ...:D "i;.' 'I(•i7 I _'.or ri _ S *', : Pfesittera.• C ,%,V /. tee ` secretary. >. . STATE OF COLORADO. — ��h.-F- `.e r I ts. ITT.AND000NTY'OF t;u.IV.S.;, I p ./eµ44:1 , -41 u _ r,' 1. 1A-0 loin and for said (, I y - County, . - in the Sate aforesaid, do hereby certify that JAS.. RIB00LD and ALBERT A. REED - who are personally known to me to be the same persons whose names are subscribed to the foregoing deed ', . tomif as having executed the same respertirrly as . l'reiident and Secretary of The :Intl tr;d, ._trrLsa N . L'itinnl- (.r' nnutc,'. of Aenvur, c-hl,;,2'.A0, ' — . a corpondior.and who are known lb me to be such officers, respectively, appeared before mr•this day in for 1l - person, and severally acknowledged:. That the seal affixed to the foregoing instrument,is the corporate, i • " • seal of said corporation; that the same was !hereunto affixed by the authority of said corporation; that r _ �» . said instrument was by like authority subscribed with (Is corporals name; that the said - y 44L t _ t k��f,r• �•.,,,,'"'•.C.,._14� �1= JyAS, RIHG0LD is the President of said'corporation,and ' � t hey iirr the said • fire"-,ALBERTA• REIM - , I, - a the Secretary thereof that by the • ' } z d ' i ,w Xs'' o . y,,,;.. . ee 4 , n ' *,r t Ya �eorperafron they respectively subxrided there•nom thereto'as Prraiden! �"';W.te'7 l t: s w- a+�t.y'wr r 4 :74'1,,,.....', t • B . ; 'n't� hdt they signed,sealed and deLcered the said instrument of venting as their free end ^;„.):.•',...14,,:4444: t r'r , ..;44`*; a ry d a�.s>g ti wr St '+ e F y,� c • (, M/t,a P :01-\-> r f,. #e+ �F�e�Y'Jf47 i e tr 4`tj'}"� ttit�•��y�+^t'"T�jj4i r�et�}� t #:: 4;r;w.�C t #;:c0i•-4 Bar +V+ "j'st*'M 'taut Mo►pord ns for the-Veei so Ruhr; -` x ii i L1H1 ' ' e� Y.,,t ' 4 fret: , M,ySR dwf�,i it 4 r 14a t a. O r I i b ,r alrl. �� ° J '+xf N, y,.+ '.= i } 1 f� P '4X llama K54,4 '�� :(1. k�' �(1y„�'. Wi� `�1.7. �y+{�a�,Yj'�j r�n� ir' � tFi }� fen. {• ,� i a�'rh ' i nl5tr (aem.�,'�(� R tny'°�t},' 'r Q rR'yt-t• 1'/ r v.ij,jn^##.,x�A., '1/443 T �k 7 }I" 4� "b 't#b b,b7 -'4•ap `-. e S - t�y �„ -re >,..Y. , r , 43" sty g1.p n t� a aikk Ai. u� r� .?L" > (I 7�t?v�� i,n� t� , r rsrly( ltilri T i: :',C•;.`.4 +trti#:(,t.`-41PalM7 ` a }t14s�' "It,i l :laf ti 'i*,44,1)*�t ,Y`x °' "I 1 G t•: .'W %i`t4a ,rYb t. ... y w , + i,. 4'r+ ' 'a -" a » t'' , =�. ,ate �+n �! e d r Ai7�1 f�t1 � rf � ' .yy - .� Sp • • 67333 423 I _ I..a ; J ti r //; Subscribed and sworn to before me this 22nd day of December, L. D. 1927. � < b r: / -.,/„., Ruth B. Kindred f ,peso mosc'rJ 'folary Pu�71¢___ `>I V\fli. �rT' My corolla sion expires November 23, 1930. u '" No. 526853 ...a.,uw..eu aw. Filed for record at 1:30 o'clock P. 2., DEC 22 1927 N. C. CRABLE Recorder Fees $ 75 rccwce e•' t...,n..a a N Buckingham Deputy eX. Lx %(x_x:a,..xcu.xcxciriiexc. cock; Lx..%...xat.xL7aiX:.xvic%G'ILSf,Xis.'.za,7.--xaLgaacixaczcz,:xi. .%.:xac QUIT CLAIM DEED THIS DEED, Made this 21st day of December in the year of our Lord one thousand nine hundred and twenty— seven, between The Loveland Lev. and Security Company, a corporation duly organized and existing under and by virtue of the laws of the State of Colorado, of the first part, and Mary C. Parish of the County of Weld and State of Colorado, of the second part, am WITNESSETII, That the said party of the first part, for and in consideration of the sum of Fifteen and no/100 DOLLARS, to the said party of the first part in hand paid by the said party of the second part, the receipt whereof is hereby confessed and acknowledged, bath remised, released, sold, • conveyed and QUIT CLAIME), and by these presents doth remise, release, sell, convey and QUIT CLAI1f '�1' unto the said party of the second part, her heirs and ;reigns forever, all the right, title, interest, claim and demand which the said party of the first part path in and to the following described Right of Way situate, lying and being in the County of Weld and State of Colorado, to-wits a! A strip of land Twelve 112) feet wide, in and along the East line of the Northwest Quarter INT'}I of Section Twenty 1201, Township Five 151 North, Henge Sixty-Sr'.u: (67), West of the Sixth 16th) Principal Meridian and extending South from the South bank of tit Greeley and Loveland canal to the Southeast corner of said Quarter 1}) Section, to be used for a Ditch Right of Way by the.party-of the second part, her hairs and assigns but upon the express condi- tion that said ditch shall be made deep enough at all places and on a grade that will carry the water run therein and also permit ' the wasting of irrigation water from paid Quarter 1}1 Section into raid Ditch. 70 HAVE AND TO HOLD the same, together with all and singular the appurtenances and privilege, thereunto belonging, or in anywise thereunto appertaining, and all the estate, right, title, interest . and claim whatsoever, of tie said party of the tint part, either in law or equity, to the only proper a . use, benefit and behoof of the said party of the second part, her heirs and assigns forever. IN WITNESS ;HEREOF, The said party of the first part hvth mused its corporate name to be * • w'J hereunto subscribed by its President, and its corporate seal to be hereunto affixed, attested by its Secretary, the day and year first above written. l".A,,y THE LOVELAID LOAN AND SECURITY COMPANY. Attest: / 1 \ �/ By A1Pheue Cox W1111er.. 11. Ward 1I ., e a l.1 ," Pras front. Secretary. r ra; STATE OF COLORADO, 1 .C., 411:1 • ) SS. ,,.COUNTY OF Lorimer) 1 I, Ab H. Housefly, a Notary Public, in and for said Lorimer County, in the State aforesaid, do hereby certify that Alpheus Cox and William V. Ward who are personally known to me to be the same persons whose names are subscribed to the foregoing deed as having executed the same respectively as President and Secretary of The Loveland Loan and Security Company a corporation, and who are known to me to be such officers, respectively, appeared before me this day in person, and severally acknowledged: That the seal affixed to the foregoing instrument le the corporate seal of said car poation; that the same was thereunto affixed by the authority of said corporation; 'Ltt said in- strument was by like authority subscribed with its corporate name: that the said Llpneus Cox is the President of said corporation, and the said William M. Ward is the Secretary thereof; that by _ _.._— __ the authority of said corporation they respectively subscribed their names thereto as President and Secretary, and that they signed, sealed and delivered the said instrument of writing as their free and voluntary act and deed, and as a free and voluntary act and deed of said corporation for the ' uses and purposes therein set forth. '-- b , Given under my hand and notarial seal, this 21st day of December, !.➢.1927. a r�" I My aomais elan expires Way 8, 1930.' sorer P05l/r i _______ Ab R Swans �'q� /�. -carry Y'u51fo-- c,.a+ , No. 526864 0-...•+e NY"w'w^LA,n s sass , Piled for record at 2:30 o'clock P. 1L, DEC 22 1927 H. C. GRIRLE Recorder Fees, $.90 r,., dd...n__ ON Buckingham Deputy :" - e'- 1�'f r •. !.. t r• • a •45li^a" lite {. t4111„w 1. "i T ..." q . , . ' tr"* �� 4,�iLr i;s-�.442Rtr ,SJfa�,�,bwE;' t,;fyS• }�:li! Je `. ' � (s)o, - fly w, i ,.S• . .r-. r A.. a 1!1 -;277r,‘..'44,1 110.$4,' d' '" k J!e; ,Y r r:»t 4 �bnhr.-...• 1� ' a". .,r r+,. , ! r fa , si !+ r , to k.Jl'"t411;t � r!4-r f 14 T " 1, r�l,at • r4aAw?i` , •4t ,ri•' ' , 1 ' bra ?h+rs ,1 4•g� +�Y 1}'i, 1 .4..: r ieli + � i.,jj r`. i ! � f a tir�N br4.q f{ Y'S g2�.f,.�• a Y,t fe 1 •, i1y .""a , 1 `416;; j al ' ;r "r , v a %"' !h1; l{C '' * Inn 11."4,1,7'..7.;',,'. ..fv " �' b1o•It" P a°` °t'�l ,,r '''','CiB a C i r'! . ;1 , 1' ,fir 14,/".is ! (,< , . , • �, '� a�+1. Q,�j+y��Y,J ) r tc/#4. r � re •b • 4,}�s\ t a:a,,,+df• .,' �ry, `s' i "/ i J144' . .1 {-.- lfTrrh. n ,i ,� 1 M! . .. 1i �;.+y f 1 r,v� �� , , .1� k n Wp+�a:u '4 +I�� °a I " r r n + Z + (+,:411,,,,-. '1% Pk sc a7r''w C "'`[ 42. ,D 44a).5,.-•:,;:01'......:4$;:r;'..,.:::;..•;:-.::".4-;,;,. .' '1hyK"1lN , '4-.1.1".0.1.".11,t;-.1.,(4.e...' 'ty'i . 4r hi• f ' t! r' R} * CrC `! , , t .'I l �yet1 i tx...:4$3't t..,i~:;..•; yam. iC;r.�'1,.4 , :'i , ' ' . ;�• tY p} '� - ,fir ,e ,o ,y kP' ° t 'L..' 'g -, '.• /,S. f�. .1 h f • t.. '..1 / • S bey .� v3 [ .41•1.,, Sri • f f.., ir 1 .141,61,3•41,41 �l t. ,y ,h a sit �� 44 : „ i . , ' i .4;a N34J t4. kti r ,,, • , ,4"'. F.�l ' {hi, 'y �i•MA+i rA ♦ T � 1 IL ••.. . I•+ 1 1 A. Cv{• .K M e �:4 ,•t�� *shs • l ;r."'t.1$^A` sMA'Ib r r. •• f ; : ate , •-,:r.'...'�1'Ptw'f..;'>d1"q'y."CT$`�s'r ' �wN`k't7L�. ;fi•g i� W 4w�X:+e�,s <1.di�'�L'M''i.4•Y � ^.r xr ti�'i�"`� �. ' . • 4' •.1 A ,,0 .°litf+Fla' t }, .ilW e.V.V "Hrlin 1 rA •..---.7. .--14 ,f''c.L a r' tne ;:',4,, L` '• ' ...tail�e*'1` ire.; P ei i. 1 - i s,-r •4.'3.1-„, ,c'I " 1 , , ; • - iea1,, wl'e ,14,,.kka,Sri J, .44 7e1'1 er1 (l !i'111s4 } s;• '• 4' t . i ,P ! �.. 1e r 3!'t`T,p '; toile,:i�, ,It 4;4. w r, " ,, , 4 t . af. 1 N `� f y��( 4 ' ,".cr �(,4„h. • r4r i 1 j ' 1 '+M XJ ?0l t e 0.4 yin{ ','t " 1 0 'P6kt wrj( 7 eri s1e& �'i . , t A r . .. ing described pr*tiieee,4htrei ter re — s .,,,le .A.010.114% 5, ,...ur, ;Ili 1- ,1^^1 „ promise% - 1'. ., , , , : ! i , .47..S.� r , ,, �•c`ihai.'t , , cl. wait)+1, (W;) of Coition 17 Township 5 ko 67rth, r 7 50 Range West of..tbs-6th !, F. , F /� a .: ,. oentataine 320 sores, more or less. _ '160 SUBJECT, however, to exceptions and reservations- of miherale and , rights of entry and of surface use contained in a certain deed . or deeds of conveyance given by the Railroad Coepany,•or':one M' "' ' ' U more of its predecessors in interests and i. WHEREAB the Railroad Company contesipllifes tehe debelo*,.- ' mons of acid premise,' for oil, gee fnddother hydrooarbon.Subs •tones@, either itself I or through.Its.'.lioenees1 .tor Wader`ir_td l ' Agreement whereby the described Nodule.. will be'. nol lit -' other lands in proximity thereto sic'a whit.urea er : tie of exploration, letelopaint and. opera tion^With ti oroduotion in participating erne on a pro-rate) Bret it gay beeons advisablle in connection with aaid'tnat1 is t portions of the surfaoe' of the described lends War t benefit of lands within said unit uses ; and , ,' F .4 1 ,t1_,. xr4- -110 D1."-‘`,.. it is,desired at this time tii6 'aroie on7-'tuti .i ; dispute as t our' uses are ,peraissible, with'respect,to .1 n i the described) i NI;• �`g, ees right of satry and`durfaleJ-UMW,' • }" . .. expressed or' list �d to ye f,nine„awned Or alibi let „;, •-, ii , s;dorett- a illot�fwa era:tli,prertso.. sl:,;ooneidepitt r T* ` the Land f�Or tife4, 1� a none Instaffi isai n2- ,r, ,r tee .�£'� 1 ,. �,t, ti'. t� t 4 r r 1 i�A ., Kl.K�e ` ,.•' Lf.,i.;.-........:a._ ',i, llC r ir.,I•u a....r r .. .,+ <>? 51..! f -nicer 44Pir .1;".Ja` �i, r• • , I 1 t . . 1 � yr. • 'w', '..r, 1 ..• I • I: ZTIIJ t ' .. . X1165 �id137 Eagle Rock Form 11x1-43 • a • NOW, ,THEREFORE, . • • ' Section 1. In consideration of the mutual benefits and of the sum of Ten Dollars ($10) paid by the Railroad Company to the a° ^ Land Owner, receipt whereof le hereby acknowledged, the Land ' Owner hereby confirms, extends and grants to the Railroad Com- pany , its lessees, licensees, eucceseors and assigns, the ease- ments and rights to enter upon the described premises•sud to erect, construct, maintain and use upon, within and over said ` premises, ell derricks, wells, machinery, tanks , drips, boilers, • engines, heating devices, treating plants, refineries, regula- • • tion stations, booster stations, cathodic orotecticn stations, 4 pipe lines, tramways, cable and telephone lines, canals, ditches, • '.. 0 roadways , .highways, dwellipg houses, end without limitation by 1 • reason of the foregoing enumeration, any and all other structures, equipment, fixtures or appurtenances (the above being included .. under the 'term "facilities" as herein used) which may be necessary or convenient from time to time in proepecting and developing >v' for, and producing, storing, treating, refining .end mcrkating .' • oil, gee and other hydrocarbon substances i5� , 50 (a) under or produced from any portion of '.the described premises, c whether ouch facilities are used separately for such pro- y duction or in common with production from other portions of the unit areas; • 160 (b) under or produced from lands in 'the unit area exclusive DC • of the described premieee , where such facilities are or • may bo used wholly for the benefit of such lands. The foregoing right and user shall include the right to • remove from seid premises such facilities as msy be placed 1• thereon by the Railroad Company or with its authority end to t use such water as may be needed from the described premises • not including water from the Land Owner's wells. • Section 2. The Railroad Company agrees , so long re it is rr.ceiving oil and/or gas production from, or oil and/or gas royalties upon production from the described premises , to pay or cruse to be paid to the Lend Owner the value on the promises of vi per cent ( pa}} %) of ill -the oil and gas here- after produced, saved and marketed therefrom, except oil and gas •... used in operations on the premises, and except that as to casing- head gasoline and other products manufactured from gas there shall be deducted the cost of manufacture; provided, however, that during the time the described lands , or any portion thereof, are or may become included, under any unitization agreement or plan, within -- the boundaries of a participating area or areas , pith the Rail- yc: ' road Company' s production or royalties as to said lends so in- cluded, computed on the quantity of production apportioned thereto -2- I . ', • ,. ; r• •emt1165 e(t• 188 " � � r • • . lagl hook:.^,, . torr1X 2 4a 4 under such unit agreement or plan rather than 'upon the,.basis' of- • actual production, then the per cent above set forth ;sayable to the Land Owner with respect to the same lands so ineiudea,Yshhll likewise be applied to the production so apportioned under the unit agreement or plan. • I Section 3, . Nothing herein contained shall be construed as a covenant to drill by the Railroad Company or its licensees, or - as • grant of oil or gas rights, .• Section 4. The easements, rights and uses under Section 1(a) • • hereof °hell be perpetual. Section hereof shall continuee form five,(6) yearsnfroma then Januarytfirst(b) o next following the date of this ogreement end for .each succeeding calendar year thereafter during which1 • (a) the Land Owner receives payments under Section 2; or Ia. (b) the Land Owner Se paid fifty Dente (60%) per acre for each acre in each tract . . r. • 15 n of land within the described premises (ce a "tract of land" ' ie hereinafter defined) on any portion of which 150 ,,facilities are used for any portion of such °slender year under the provisions of Section 1(b) ; and ten cents (105) per acre for each rcre 'in each tract '76C of land within the described premises (as a "tract of land" is hereinafter defined) on no portion of which 60 focilities have been used for any portion of such (inlander yerr; provideSectiond1 however, m t (b) may, from time toti rights with and aloes ireed pect 1 to any tract or tracts of lend with continuance of such ease- ments, rights and uses es to the remaining tracts of land by notifying the Lend Owner those treats of land wherein the rights • orc ebcndoned end paying the Load Owner the above-mentioned acreage amounts for the remaining tracts of land only. A "tract of land" as used in this ligation shell be the total quantity of land owned by the Land Owner in a Government section of land as officially established by the United States Land Survey, provided further, " at the end of 'twenty-one (21) years from the date hereof, the } - rights under Section 1(b) shall be limited to the use of those facilities then upon, within or over the described premisec and to the renewals and replacements thereof, Section 6. The Railroad Company agrees (a) to pay all damage dal to the Land owner's buildings end growing crops caused by the erection or construction of facilities to be used in. connection • with oil or gas operations; (b) that ell pipe lines shall be buried below plow depth where such lines cross 'cultivated land; -3- • . .i . • I 4, • i 801165 ncr139 • Eaglo 'Rock Ford ll-l-43 * and (c) • that where there are fences, to construct gatee therein where necessary for the Railroad Company., or its licensee or • ' lessee, to cross same, end to keep such gates in repair and closed, Section 7. The easements, rights and uses herein shall be kW r binding,upon the described ' remiseeland each and every part • thereof, and the present and future-owners thereof, and-shall • continue for thi benefit of the present Cr future owrera of the oil and/or gas rights in the described premises, and each end - every part thereof, and theili licensees, end during the life of • `4; any Unit Agreement, for the benefit of the lands within the unit • tree and each and every part thereof. • . 9 Section 8. This agreement shell be binding upon the sue- lei 0 oessore and assigns of the parties hereto. ' •Sootson @. , wife of the above ueoed Irnd Owner, dose hereby join with her huebent in the axe z• . .150 150 IN WITNESS WHEREOF, the parties hereto have executed this agreement the day end year first above writt n, • 16C Witness: �er 6C • an n ' Witness: ::46 I.t.n Owner 1. aa+•treee4+ "*Land Ownor, a Csup4tattui, >torte y Pres4i sett sit. ;��.,: • } UNION PACIFIC RAILROAD COMPANY /111 ii• .. ;lr o q• d�&: °f ♦rotary By /-4. , : ' e, J " t K'Ak1 40 cu ro PnPrealdent • •• . ' ' . . ,. .. ♦ypelek , •*., • .►.rL..Sa.r1.6-1 A -2.e.A a..,e ewr:« I I • . a • w i . .. ... .. • X1165 ms€140 • Eagle Rook o , turn a1.1-{� ' ' • • .: . I 9LFL: of •• ., • c• County p se s', On this personally Public i ndatorfei� y in thetesafrs'said, • y a Deere• pun a a Notery nib per: •nal y known to be the to ' e esidot7of end to ,e t e secs President of d instrument, per's() On name 1e su• `�going ns and who, • ing by me d n, to i t • Drat ' ed • cn le the __ President of 'id comp sworn, lee say. that PprsaiJ iniamthat Bald tr0 nt iswaheecap.igned ate al of that the seal ion, by authority • sealed onabehalll f ofcsell on, and Y of its Bo Directors. and the Reid , free and vo unta acino edged id instrument to be his fr deed of ye ry ao and steed, and t' free and voluntary said aorporat 4n the uses specified they n, ' St volu rily executed, 'f j n IN WITNE89 W}lEgOF, I have • ' eepl the dty encl.-Year hereunto set m last above written• nd end official MY Cor:.miesion expires 150 160 Notary Pu• Sc )0 1 •• INDIVIDUAL 6CBN0'r 1 / St to of LED0I:ENT Colorado ) • County of ) se On this s�nt11Y a are day of �1ne 0n ,p ___qua --hn, 1945_, before eacrlbad• end me Per_ in and woo executed^ = to me known to no:ulelged that they executed thethesame foregoing instrument and aokaone Including the release and waiver of the right free act said wife having been by me fully Eof of high tanld deed, effect of signing and acknowledging apprised of , the her strument ani the My Commission expires the said instrument.. rY u p �1 •,.; • tiarmissi ti rli a o 2�if -� .+ 444' -,`' ' S ?,t �h �' ai7:r ate, y{i�..i..•p ,“ k{-s -, r r7 ,; r- ,. y f-t id , .Y `,.. ,a7'l, f ,r „ * • .:,HZ.41 V4 S 1 ,, Nardt IS r 0427 1949 e ,,J'a21J3 1 e d + !aqua ia•... 7 *dad RPf1 M N'Z. 1__._t.emd�r '� .• q • t 6 `x: 1. . *. 1�D Dim, sta.u6 24th W.t "ay , 1 i xJ } ? rx; .,ti•;' ..M donor t es Laity tboreed Mee Mated d f Ott•�-n+':o) j .i.t.s., ,1 ii'•, 3`J Si , Y1.1:GA:(ET A. YCUiE '1:UG11 S,ILLEY(.'AIGAhLT LIAatf00'1I F L0:7 CE S. ' • IARWft'GitACE c1. SpILLi'f JULIA.13. CL Aiifi(C'idtLC.",:S L. SCILLEYt , !g ,+y1e i :J1,OLD E. SCILLSY rind EDIT!: I. SCILL::Y - ' " Q ' c*" ' s. ,, Ktif. �, Garret • ;., .Larinipr .d DDWI et&knS e , Ih.' j an anetit�d C'.h1 '0 :'E 3TROH and D . . .: GOIE - ,lr -:!,¢1.:,.:' -,eft a. r.. .I T 'j. a'1 ♦.r I.l r. I U ,. 1 trial Gaps LnrlrMr a4lfld 'Jnlaete, I r-�`�r r-�4) �t et Om neind part, • t , .e. . , 'G a 1*:.`-,a tfrrfl[4atfrlt.itet w aY prtiest w tinepa�fee d 6 eenddentiee of w met r 1 ... ' 'S Ono Dt11ar (4.u0) and other vnlunble consiccrrtio::: - Xttm¢taC+ 4 ;its) Atone add pestle S t w Ant pert 6 lent pay y w add pat i CS of w teeeni pert,w!went*tweet , r h.ALL 'o„ 1 Y berth natal d.dnentedad.WIG imbed,reheat,eel{term. end QUIT ctanal, end y °r`. 7" s .,r` , a;o• Oeee n eee'n de . nano,mesa tint,envoy d VLr1T CLAIN nen w r4 anti-03 et w.n.nd pert, ,z Ai, • • '�*5 - to o it bar..eeaarae d sang doer,m w red,lids,4t�eet,tithe and dawn wia w tall ' ,�7 .• P a n'Lo3 evil snot part have sad to tMLOeass d..eMd .1'00 1. °Statn ? y + Ont tyMlyd bind it tin Castya tY 'iG sd Dabs �' }!P. Gle.ede.Ia+nik 1 e •. • A right, of way for nn it is.atlon ditch along the 'Last line of ' tI/N�: t0I 0 the Northwest cum t :r (:;rt) o. Section ^cnt; (20), Township Five rJV ,x " ()) Worth, hanxe Sixty-seven (67) West of the Sixth P •incipal yc T '•sridian. ( lr The grantees heroin, by -c o .tin - th:z csnveyhncc. do hereby s C. , n , at:r ou t rr . all t..r oxen e o: t ntr . ,,.tie and reef,Lt of said ditch ,e s 1' li ,(." '.ali be shares occordi i.• to t c norcn,•c Lcr,of_ d thcreb;y, and ' Al i. furthe ,rreo to instril .ch c cLu e oth irr ,tion stracturhs ! `yr , to 1:eep t.`c d tch ra e odinr and evL , fr,n7 he esteb_ished :j„,... i ` _. ,: r; line :Ind to provont t. a alto.; .ron _:.cronc..inr u on `t.e adjoining ' " ' _ - • land. : e i y t • t, i c. , .TO Rtti SItD TO IOLD w as ,t.tMMr etl all d elynnr w• r$llr •thinks et le swab,Oran appurtenant la r.tn..thereto 1 „ ,„ '; eppateledb d eY w.e.a.tied,tab,Serest d elela ahnfo..er,t w � s�?₹. k mkt eardea. ..t w int part ether s lair et eNtr,taw ay proper an,tent eat Mlet et w all '''t"'"1-,�o + r ,, ? wt10 St fJHeCt Jaen,their,Mss d ealar twe.er,., ,.. . .. . ......... . ...... .. ... . .. : . :. •r,;.. `1' ,t# ,' 1 i,DI minas as:.minor,irr nil putt et t w is pat bs . .ow/n's He he he I r had I-" i . ,S t tf 1, dealS drdyad yew wteMnwenn. / l___V� (3CAL) Y 4.4 e..� : �t _ w prArd CYI r ' N 71€ '•'•.� 1.1 id` lCALI t , f,!P»sM , i . x ,4s1I'kr 'kb 'kt[1` G 11 x.r , .., S ] L? !UAL a , i 14$0 , a `Sa • r•- JP { I' SEsL1. y • . ,, x • w sY • ., •:,: '3,*:.:. r Y • SYiA 1.1) ey.4�' 411 is5' Y • l a 14Fr tie, _i' r 1 Y • r s£ �? 1 '1/,if n • t. 1 2 x 44#x; �itttaritteS } �. SUL}4 Fi ,s ( G17 r .24t., g :. ' ) ` i . r r .:', ‘ o d�i .'!"(.g thtpa 4/11:;.4!;.....14 i.g i :V Ti �.r.6r sM=�atws /ntwein tin ar•. a doy :t time ,, "if, x�T ?, g t" A.Au 94 , . Largarett.A to liugh_ Settle u ','.totto�fno'a�k t'+ ` •? ' r r•-›,e t • •43-\:.- �r�vo71 TulSR B lurk c•- o lo§ kb,: di 8 ' `f 41 'i P' n oiaa araca;34 an.tffi!e a sa�tY :ry'. writ t et aThL�I'''. '' ' ' � L ' "x7S ��,xia.- • 4 ' i 1711+5n,�' :..r*{.fb �)/ 1 9 "g,';., .49.,,N>< y 4 ,:I I 1 _ e /Cki, V,( i 4 d .A *r 5 ll MN�}OVII ;Tie* air-21'4,4, 4/2“44'"FI 1 r' , 't' r1 y1 .,t4 '" ,M.nr f. e l f i f're fl'.e,.t t3.,,,:,,, -. , Ix .t�e4,4 ,... .s,‘,, 7 ,441 d,.,., seaTwW4` 6 1,' _. tie%, µt • 1 r • (fF • t ✓ i r " tYr 'art! �+ ' 1? r l eti i- r 1 I , .;a, v •.+ ^I t 'r"1}c rx, '7`7a�3: x r .e ■ .. ...._�.,. .�_ct:lti\. r;^.. . , .. . . '�.wr.e r r'r'T"' Il�'Tt"'('Y''X'1 _TE 7 ��(^'i f� , t.. , d"• •r ^caf a A- yr s s ,: �r �„e'.% —..... , • i • . 1 ^� •\ i /J JAN + .. m BOOK a rtNl:f.a v. 7 Ib<r _d�_a ._ 15 3971 G• h3J A IR OIL AND GAS LEASEa�fate 15G0:i89 _.✓.,.__Ann spoor., R.ced. '4 TIn1 AOI11,F.NRNT mode this 23rd d e of December ' s • 11.70,., between UNION rA•lu IC RAILROAD roll'ANY. • Utah evaporation authorised b An MItenm. In u.. Si.*of, .Colorado Ismer, and PAW AYRRIOAN PRTIIUhkliN CORPORATION. a Deter's .erMnllnn eulbnrind in do 6nlnne In old bleu. Isar. • I WItNSIRITNI i11. Iw for pod.n4 v.Arahle err,IA.nllnn, receipt el which Is hereby enbnnwlM1M and in .nelbtrellnn of the mishit. herein prn•IAM, and al .e 1 the rnmml of Lessee herein contained. h;nb pnnu. In end lets eeelmlvdr unto Le .. for IM purpose•• I,..eti •tin..+npindnt. pmOnllnp d illlnp .n1 mmin for end...throe oil end p s Ir.r far all purposes Mine defined without IImlotIr.n a Incl..*An n nehead tea.distill**, Am helium - and dl mar..n.wu subeyn t •red ..n<InM liquid uhrerennbne. end. rubire,I.lb. p•provisions of fntlnn,It, II lnd le hereof, !seine ploy Iln building tenths power 11•Ilon4 telephone Ilnew.n,I•other e e Ibereen b produee.. Yb• of,trnl.1 and awn geld product.end lousing-it employe.. ' • the following derribed land in IN 1d.-4.karLnrt,-,count.. Colorado 1 See description on attached Exhibit "A" U' ; ; c ae NI aCl i 0 ed 0•e'a O ell oil,In addition In IA. land Mors.I..erlM1, I...ur',retry mots, Intmmn le. earludmin bnlu Lin.. IO I hr•. r,, ,',loth sa n if ro,.A l,.Ii, n'/'' ll herein eel and•ou;.;M linnbl hnlnwerleme underlying ng lab., riven, s rte ..• r n r t n w arm.er.,loin *Ay .l "Id lands. rer yenta t'a. ml pufrww, lb. lend Included within thl.�is.. Moil tot deemed try ,..mete.3,513.88 ,. . g`N. nr.. whether It rued* temnrPem man n ler. -Frith... r N a I. •, ; t b the ether provisions hmin 1•InM,tide Me••.heft W for.term of t r ry from eel,me real • snrdeu Ion tbnnfter nil.age or nsreld.liquid bpdnue.rMm or nnf them e e produced from paid hind hem.eder rndriilinr reworking•me glen•I .ndunM mw.em I. Lwn., .11Mn II.rw mnntb from Ib.•de.of this Iny mail thermos 1M aria.'ArillInr^I • r• rnli..n IN'bu r..I n rml.n; anA thereafter.h.Iprose.*pra .* the drilling of raid well 4ilipmUr, without a nrwerr del•. .eel Inc• werbm•niike manner, I, N. •.-Lai .;uRme gel out well I. not commenced tl within the time prreerlMA, IAM Inn will mummeries,* terminate. • I. TM rote's,.to M PSN L L••se earl la on.11 end on..w'Ired liquid ANr.eirbon.. Ili of that reduced and roved from old land.IM CO.b • i be delivered hoe se roil M IM wells.. In me credit of Lnrt into IM pipe Ilea to which m•well.may be connected: Ibl u an....mooed inn odd land end sold or used of(m• emien or In them .,eel re of ollne r other pmfuN therefrom the vhet slue t the well of 1>.' of the • tube used: provided that.n.0 rid at Ow wells tb•t ph/•h.'l be 1t%of the amount sells.,from itch ale.lows•hill u wee f.+use of nit,rer award„• r from said red,revel water from Linear'. *Min for all operations hereunder. end the nYd1Y n ell and p shall a L.l after deducting s used. while then b•well rot led'nod premlithe sr an margpe n1.1 therewith tenable of PrMudnt nnlr or. but from .Nth well produrlbo le net twine l mold or set,end in the**see of nil or ether pnduelinn lmm •sl.I mo get..Ibl.I••u shall M nl.nted for• period gel 00 drp from Ih,dsb our.well le phut. in,ape Lae..Orr Imd•r et,per • ugll, ae nrtp•ilr a rum roues in the emnnni of •n el ns tai' w wr hich n.bi Co p.,.I,t• during the rin.arY term to del, ' 4,1111,.a nlbns an the leased promisee l. then subject in This ben; n •gel or tender gel moth quily to be mnth re l+.,ri.lal In$.elbn I how.(,with 1M fleet *Must N M mode on or bfon PI day. from and titer the tiro on whim ooh writ Is mm.in and •.lmilsr payment to I. Orb .nnudly thereafter on or i , before N.unl.mr y due on whirl,such well is mnl.in. If mph NYmmte are an re•An it shall be(moldered tb.ram I.being nndueed In paying month,. • from the lnMpremipremierepi under ail the terms.n.I pr oi.l,m•of ihl. I... e 1( portion of IM IoWmm N pien Ip.1M. d in•pooled toll the"mount of Oa **bin royalty rnpNnble m the LIntereUinta. Intel Uinta mall b. \`I educed le nupenbo that the amount of lore et mineral . r.. Included to en each pooled unit upon which ooh nu well le situated hrn b the total serene,itlned In each pooled omit a.provided In Section I hereof. , I .hell,P no .• nabir diligence to market. capable of being induced in paying aurntitl. from • snorer. well, Wt.hail be under no aWlntbn be msrIa..same andr*not. conditions ar,i.umplanc. which. In Lessee's tend faith Judgment are n nabs•or unsatisfactory. b bop fwm.YM b anyn time porch... y nilp portion of nil or rroel.tal A ar liquid drocbon•In m boor Oa perrr.nbn, raring the money peke therefor pradll* b the ftlld herv.nduW on led date of punhen; provided, heaevo,that If Lower'hall se elect.Iona..Mil deliver to Levy in kind It.royally 'hare of MI• d miewellelba-liquid hydrocarbons. In IM event of*eh election. Leery mail give to Lessee nn. Ire than t0 Ayi notice of He election end andl .. W.net ryaltlyyb'•L4t p1 d ter a period of of hr.Ion Mx Ill months follow*,I'm termination ination of rod shy (Ill tier Any teak dellveri. pre b moth from is.s(P4ilata.o(La...which shell have then inuaiiel terconvenienceown convenience lanes equitably in amnun which equily Adjust deliveries of b both r .l panlles. (C , rot; I. If lb.balCMrdd., for in Melon I hero, it drilled and completed as • Ary hole sn4 If or...lune lot drilling are not commenced on said lend h....ner.pndd.d n or before en.year from tbla dli..Ib.loo shall then terminate heat both Peril'•. tad.. on or before oak ionise... date tau. y ' M Lame.pay<f tender L. r.AI.'.: Agelatant trwau l r. ' .. r.Res b r, y. . . M Anil 01.1•h ow,, I3•0i. the sum nfklv-e • • .2hf/kuand.Eivt.Rundrad-Thlrtaen.iad.BB/,100---Den.. ..3._513.-88 1 I herein valid rental). which shell seer the privilege of de(errins earl of operations for Willi* roe a portal of twelve(Itl month.,In Ilk.mans • sal open Ilk.ryas*n*m m ore Ir the nm.n . l redone flay drilling operationsmy he further deferdeferredm for ucdve oriole of twelve. (III month. Aaurin. So primary lam M * o. T payment er red of rental h.nln refereed b root.bo moor in eurreeey,doh or rink st the option of Ihp Ler.:and the depositing of ruck currency,draft or cheek in • r poet elfin. properly oddment to the Lemur.on or before the renal vying dot..shell be derma rymmt as herein provided. Laws my at any lime rotate end pies of mont a gel..or M.s. nnerIna any nation or portions of the Move dneMlwt pennies. fun 1 , • Melting•spy thereof le Lathe.and thereby par dot this I..u to oak portion or fortieth and be relieved of•11 ubiiuliniu ..to 1M•c surrendered.e surrendel. ▪ thereafter thefter the renlst. payable hereunder d Le U in the pro portion that the acreage ve.I hereby le rotated b s Ivy.114 release nter., , r If law Moll on or before any rental date,mate•Mn fide*tempt to b LeaLeaspaymentth r rental a anA le such payment an be la an Incorrect.m cunt Lessee Less .hail be a eondlpbn.'lr obligated toy to y to Lmo re ee the rental properly *gable for the rental efed inni.wd but phi. Ir. Moll l be meinolnin th. *Arne erroneous • s If such erroneous rental payment had been properly made. erroneous that .M erreaus rental payment be reverted within thirty 1301 clan .Mr ' • receipt by Lessee of written notl.from'u<b Iwoer of mirth error.emmnnied by any d.umn:*red other'vides.meter ei to enable Leon to make proper ' • nynrl I. Should..r well drilled on lb.'bey.WedMl load Marine the elm sty lean before production la obtained be e dry hole. or douid production be ob tallied during the signory lam and thereafter a •e•then and in either*rent. p ent. If nrdiene for drilling• n rpIAilinn.l well re not commenced operations for w o,J ned a m ln. old well not pursued on m1A m al land on or before .lint rental po Mll e te next sneerer* cessationb.cessation n(production drlllln.or n.tkin.on well nil or wells.Mn.hla lase Moll terminal*unless I.we,n or before old 1•*,dell month 1M payment q(rentals.111•011 momOpbn of the mm�t ae• '1 ' souls.Se<Ibn t reverninc the payment of rental..'hall ountinue in foot Just Ka1Muth there had been no interruplion In .he rental paymenta.If during the last see of the primary term and prior to the demwry of oil.gam or.uodal.d linuld Mdraearbn•on old Ind Lwm'Mold drill a dry holt Marrs.et if her dbearen.(oil iotaiotaor utocletd Mold hydrocarbon Mfon or during the lot peer of the primary term the production thereof should err during Oa tut year of paid tart, Item rer rut. no rental payment or snrellnne en neersey in wrier to keep 0.leant In force during the remainder of the"rimer, .. Lm. If.at1M.gleetl.na of the primary term, Lne. le rmd,.U,f opestions for drilling a new welt n rewnnine pre o14 well. Ihii leas ...nhdw 'hall ' retinue in fors long aa*eh drilling o reworking...mores ntlnue. r If..Mr the.Meetke of Our primary term,nrodnetlnn rm thie Iwo Moll a.... LAM loon .:theta mail s Ilan to forte If dr1111ne n.urkind epaallen• a ...meat., within Maly toll ,Ion dl.r...eh teenilmt of 01940010E I If 1 ' • probation le teetered er additional prenhation k discovered as• mutt of.r such 4rliling er.reworking op•r.LLma.combated without'oration of roars than ell` ' slaty II* dap,this lase dell nednue at hog thereafter.oil.gas or associated Heald hyd.ohonr are prduW • d oil Iona ea additional drilling Pe y •, se minal operations ere hod without without remotion of such drilling er reworking operationsoperationsfor more Ib.n airy ($01 consecutive days. wf. c I 1. Las*.al Its albs.Is hereby slam the right and row.I.tool or.inking the land covets by Ode lease.or any portionthereof.se to MI and tit. ` or either Pt.hem,with ay ether land.Ms.e or lessee when In d .lidement It la nnnnri re advisable to A u e in older to pt peril develop and operate paid pmnla..,such poling Is be Into a well unit or unite not exceeding forty 0(III s<m.Pita n refs.*kr*.Of ten Per ant titre I of for*4101 um,In :r• =j: t ' • MI.red not exceeding d. hundred and forty It101 pre.. plus a mg irrnee of ten per ant 110'41 0l M.hundred end forty 11101 n for get.intent f ,tor •48' ,Wt Ianer nits ray be reeled I. nom tan pting or well<unll+pattern that m I.prescribed by o tal.utborltlee having ud.dktba.Lees I Our pool at amble[stern erred by thin Ir.,fa anyportion thereof; above provided.a 10.11 or ram in any one cr men Int..and stalls n cerma net n ot conform In de or an.with the unit or nits Inds whirl be le...k pelts or combined.t ha Noy other stratum or etre*.end all wilts need sot conform. ' ' to elw with.0 salts.The peiln.b •r more Woos.Mall not enrol tM dehte of the Lots hereunder to pool this leer or pit ions thereof into other i . pal*.Lease Mall easy*I. ritln.p.d Mar of rased as Instrument or Instruments Identifying end describing Oa pooled < .*•. The tin *roan as btu w paled In*•unit Moll M treated for all err meow, the payment of ep alUpn.as If it were Included In this ton and drlllln•a nwenkr upends �Ic•.b- thereon r Proration (.II. 'roe therefrom,or the mm,Mlon thereon a s wyil u e,hubin t.w.11 owl*considered fur all ..won.except l Payment • ' of NAM..MI o sued enMky or such p.I, lean were from err M M rem. hn.t were the lend covets by ibi.from whether or net 0. 11 or ;1i:. ' • well M knotted en the prattlerv.', by this eu.In Hot of the .plpii elsewhere lank optlfl., Loony Mail resolve f. unit se f.rmd only net ...4-• .1 , Portion of the royal*stipulated*sin he.l amount of Ile n.cannel acres plated I, thou it .top b .M total ......t tem a Id In the particular unit ,y I • InwIW. Should arty toll t originally .paled homnder metal, Ins lion the' m.imum umber of d herelnrberespr.mto. then Learn my at'as time -fly . p.pee n. whether Were *after production I.obtained on Ih• unit, slaw*mob nip br.,Parey additional retypes ferule kit led entereM toll"hail In r,i[event o ,IM a yen content M.i*M.speV.M. 1 IM event existing unit ie.inpe.M. Lemt'bum erule end plate oft rd•supplemental Iii., • ,AI•L'm Rol peplos of unlikeness W Hiring and describing the land ended the.hiring unit: provided, that If path supplemental drianen of udllutka le et i ll, DIM .II.not.tint'Mueller.. la eb..oi the unit,a oririnally created. Jon end in ouch a ent .M r pnlemenW deelsntion o, unahelkn shell net Moon. r feffective until s flint day of the attendee month nnf following the filing thereof. In the tomed of production Ins may terminate any unlUW not by iling.(m ord,oily of termination, . Mk S..lkn k shall not street the pnrl•bna et Settle.I. - - I' ' I. Leary Mao hot IM rcht.ray time without Iaaei a comment to.uvrmder MI sr nr portion of the IOM premiss red he nIIrvM of dl obllnaley k rn ••1(•;♦, - ▪e lh.a (a.mnd,M arising .ubr.umt b IM don of(surrender. Tanner'hail h..* no the abil et any time during or within ono you-ellrr the expire. Ilan.l Mk leo.to remere all P.Nr*ind(liar.Plmml by Leese on raid land.Intruding the right to thew see remove ill sang. mlil . • b. The Fichte of . ,party I. .r m.,he pl.p , in whole.r In part, d reueldon•Fri we'M ma.hkll extend In the ene .".1 brit..of ttt dM .N u M and the pelts here*.b I NO huun Pr division In awn.nhlp it my Incl.ren*Is.or ro'.illm'torturer.m.mpliah..I.•hail operate to rnkre,the ubilytbna or dlminlph u�l I lb.fights M La..No<hm.In the nwnerehip'of he land.or sup In*Iel IMwin,'hail be biniiing on Lw..un Ill Lem.11+11*•(urnbad w'itA certified ' . . Spy of all seethed Inelrvmrnk,all sun p.•nlln pp and p11 other nenup.hies.of ant In.hr,Inh.,ii,,nl or pale pf raid sigh..In Runt.f Oa Bairn. • -F.gTJ Ci /--°4 - p lib �" • 639 It;r.0:it3t-tt� mrnl of thin lea.M• 1n. , rmri.d portInti of sal': d,IAr renitlt ',amble Mntrader Mall he grlwrllnn.Llr .erroa the onl bnrhold nanny nbM1ll M. ON 11d, ,-e. y end'',in I^.rid, • a a nth,an,default In x^p.rmrnt h1 Mall not affect the rights of other Irurhold , I•rnape Inre, whom or In pin.Imam shell a 11 ,,I r all nbllnllonr with rn el m IM sal r Myelin In i. e...a Imam ate no .. named pre 11ddn pr r.nrtlnnr ar+lnl uFdnru n•'W Om Aa eel �, Y rlfnmrnl. l `4 M. All mans ns nr implied mailman,'of IAN Irmo hall be •uhleet I. Mu Federal imt Blab Law.. E•nnllve Orion,. !Wm orPnuI.I nn•,MIA Ihi. Imp •Hall d u he TerminalM.In wFnlr nr In our nor Imam MI;166.In Aama n, for 411un I male IhnrMl^, if n nnllan .A by, , If •u.ma rin 7.; . l..• b the neuO M.a men Lax,Oyler, II,' r P u61bn, If M he an a of flat of the public enemy. labor damn., IabnO no obtain t r'al. nnu.. .1 rYunn,no nun nn.t beyond Inr control of L«.n mum than rle.nrl.l. .�.• • If dueler the term.l thi'Irue,oh or go ♦.ore W'MUM hydnnanMn•art dlonrrn4 upon tn.1«..A pnmbn,but Let,n I. ...........4 On,,prima.. t Ina the mere by nau• of any 0e the ean«r mei or in this n.ILm, Mil 'i.e•nail n«rmhdn• I. r•'Wned a 'n.Lrine anal Mall continuo in lull farm ' �• y�.At ' • r1Y mA e(lnt mill Lame I.permitted a madam ue all.to or u,rwlnM !Multi hydrocarbons.and m Inn•thn.Jmr'ii melt production mailman in paring quite• ry",' y .1 d tlllw ne drilling or exurb lee. merman, a nnlin.M a rl..wha,• loran provided I II. Ideate ,1 Im npllnn may dl.rhmm1 any Im, mnrlelo ne mho'Ilan nrvn ,.IA Ind,rllbm in wheel@ m' in pan, and In er eel Imam A,ne en, it M,11 T.'` , ho mehm.arM In,nob lien with Om right In.ulna. m end apply nerd• •nA r rail«a min hoe uM•I u eel hall n e lame nit•an •II I.e . h•li he In said Ianrlm«,than roll / nln,ldl male In omen.Ili!, + and aunrb reel,lln IA Idlnmaeb, ,Ib IM1rxrnv Ills rd, r end - � reduced pre nln LIY.FY nArr W. ,he mitt Is o ,A 11 a ", it, The leer bon not earn ell Male J.'' - Si. The Alit..mMl under Ihl. In rd without merman. of title r In(w.pan nenjoyment. (. r • a nn nrfn I .nrbn -tor quiet ;1. Lama marten the rl hl to sax such p Nun•or the 'need premium a m not b.rtyulrrvl by Lamm in the odic nr lie narrations • MI mamma of Inc n•bb with the i^,e Y ani.nl herby'.and I.nM Mall so c n,,vl flit ,.n n lo h methere pent ..r n nhdw•,µal the un sal the lensed premise*by A.1. r Mall not unrmnntblr interfere nlih the,,xaa.u.n Interfere the ""aI'Ir rlu.•ucA nr;p rldM, ,1 elm�. •1 a , • It lame+A.0 ml and•any min,ion nr under.n.portion nr the Mehl of v ab•,n r.d n •.r imam err n of the rdi.pnn of Ime , .t..ne ``' l' atoll ant drill any well n maintain m y almrtuM Milan Ma hundred feel 124n'd tad way or nlln..1 'ewer or ht n,llnm run mild right nr mom.,•r thl of m ulldinn • n the Inrl pnml•n. wq er •mllro ,1 n II. Nntnlral n•Iln. .nythtme in,h. amino. In Mi. Incontained. nu well Mall h.drilled tom'Sr into anal n, lnllitln Mall 1 Imd,I which 1., •the mineral MM ,Olt. ail the one the cm fare . ha ^,.' ulmin l under written 'e I"nd:M upon m1 llefaelom to Leman lame willendeavor In uLldn anon unu tr and the Leanne Erma [(marshytamers n. i In• ml. urft.. • Mall be prima by lama oil al PIA wyrity. Any ',Mime 4 Item W henna elnta to pap in IF. auefM a uwuen I., Imam Mall Mr for MI Aamay is ware.mine•i emit,buildlvh ml xmwing ems oh,,. by e.. y Ottlon,operation.ur mainten. .el!.al''s.MEd' • • bun all pipe lima balm plow depth whorl they era..cultivated va ed lends,Malt mmtruet mw where mammary low muting fenced land' and item led iota In I rKMb anti eloped,and Mail indemnify Lemur with impact In such rbllplbna. IT. fame M gem in Auld Levant. arenlree from and to InA.melfl '1 . .imam an,and al Malmo, demand., tellnm and ram.of action for inl.n to e Imeor dnlmelbn of properly.m d for 'rainy la nr death of. I perrpn. arising nu .l nr In nn r rope y n 1 connection with m•enllnm hereunder. • 1.rwe'h.11 not permit or Margo an .Ion o other eneumbrann b t filed nr In remain amlml Mr'mend armlike,m a result eel Its mentions MMiranro • and Lent.man.1"hold!mate b.mleta from anti to Indemnify 11 mdnrl anY anti all eelma, demote, Winn& and moan pl Mabee nWeh muy moult from d. Ih•fume or my ouch ilea or rmumbeanee. ' All of the phalli..of Ihi.Inm MII Inert he he.amen,of in,. be hlntlnt wpm Ike prnln hnrN. their n mason arm maim'. IN WITNESS wnienuor, 'hi. Imleumenl I•..soled tan Om date firm a.,v•brim". I ,\p BF UNION PAta ' ItA IhItOA COMPANY i.;;94::. S e Im �1 in Fart •o m m^`^^' l STATE OF .. GOLORApQ 1 . , • COUNTY OF .. ARARAI#0R... f en' Acknowledgment • 1 7be. ork44l atrumenl was acknowledged before me by Jv..A.. Redeker ,• • . as Attorne In' UNION PACIF I'' !;AIL ROAD COMPANY,thin 23rd day of_. _. December • • 1D• ..J..41 X yl ac. µ , y Q • k U10. 3A 4.4t'• d offio l mil. C.Ci4 nt-._7b12 Notary Public ' i •. • ' .'er\tmmmlaefo9ocsyir' a October 23, 1971 . OF r`{•� ._..,...,, .n-m�,.�m�.mm=.term,.',®' m,,,d,a,. '� - - _ _ .ten r • p STATE OF I ' ' COUNTY OF IM. Acknowledgment ebrnW Acknowledgment • d• • • On the day of ID personally appeared before me, a Notary �"•�P Public in and for said County, • personally known to me,who,being by me duly sworn did may that he Is the Attorney in Fact of UNION' PACIFIC RAILROAD • COMPANY and that said Instrument will 'darned in his voluntary act en Attorney In Fart for and in behalf of mid corporation by i a. authority and said I. acknowledged to nit that he, an such Attorney in Fact, executed the lame. \, , ( I'•• WITNEDS my hand and notarial real the date last aforesaid. - T•Y Notary Public. . My Commission expires I11 �' F'• 'r' F y y X e • g < i5 A I I ('P' e _ W 4 E u ti O O :, i < X e ..+1 K g i' a0 • • Fpoe qu0. a$ Ir,� a 4 k E lk k-e I { . I z < z i F. y •-•e i i • ch 0 0 G oa. a .ei & I s•!' , I, 0 z 3 _ o F A � i I y , 2 a • a. A eh 20 ti (� m @ A m 3 , i d ., ! ,a•ti '°t.- e • (i3f) 1.41x1.3no �,, A.. "w , LEASE DESCRIPTION - EXHIBIT "A" ., Weld Count - ,' s Township 5 North, Range 67 West 4 A +:•' Section 7: (1/2 2 W(11/2(11/2)5(154.84)),,/1/24, 8 ' ' • Paction 5; Lot 11/2, SE/4 SE/4 , ,� ,a Section 17: NW/4, 8/2 'J" a Townebip 6 North tng 46 Wj Section 33: SW/4 SW/4, 6/2 it/4 8W/4 ! - + Township 6 North, Range 67 Wert • i' Section 17: SW/4, 8/2 8/2 W/2 SE/4 Section 19: Lot 2 (V/2 SW/4) (75.48), SE/4 SW/4 :/ •:.-• 1 Yt Section 29: V/2 S1r/4, RR/4 SW/4 ' .o Section 311 Lots 1 and 2 (V/2 W/2) (145.,1) , 1/2 V/2, SE/4 Section 33: 51/2 811/4, 53/4 SW/4 Section 35: SW/4 81/4, S/2 8E/4 SE/4 d if. • •• , , ,. Larimer County .. Township 5 North, E"w(a 68 1111 n..t i Section 1: Lot 2 N/2 NW/4) (78.95), 8/2 NW/4, 8/2 1 Section 3: Lot 2 (1/2 NW/4) (80.50), 8/2 NW/4, 5/2. N �— Section 11: NW/4, 8/2 , .(.T. Section 25: W/2 NW/4, SW/4 • Township 6 Nort[h tangs 68 West Section 25: V/2, 8/2 SE/4, N4/4 SE/4 . Section 27: 111/4, 8/2 , -- Section 35: NV/4, 8/2 6 Containing 5,513.08 acres, more or less : s u. . 5, . . ) .4 1 i • 1 agqy r' A JI e'4 tj •.5 ITC 1. yexN a r ' • .� t v ,eit tl.ti r.•• , • _ i. "Ilk‘ t /'' ,, a �N �11'r' l'1 aatt "r'f 04 {'tT,y fe ..—:- N kt ,.«.J. t t.e . ! f^ kt 1 / �I�" p4fi�l Jk'• II v t .. .- . .,.�.. -..,�.:J,lt"•. ...I:..x•.+,lt"..aw Y h SA aA➢A , - ,.:. i )- ,,. .N'• •, .vHNi��7y1 *'` 141 .% �� i •d,• • ... '4P"''w"•i TifA.fA"rw" ""2� IV �h" . . : s t,i,.. Ci .•----__An Ikon*,au,.aw Pie}, ', • ., ;I ,y 1l 688 POUDRE VALLEY RURAL ELECTRIC I.SSOCIATIfN,,i NCI ' ;t ,rl. ,�: RIOHT•OP•WAY RASEMRNT r ' '•vt , / I i r tl r. } , 4. 1• KNOW ALL MEN BY THESE PRESENTS, Out the undersigned, ' a. � . • y. t Car/ An €.6._ 5 yy 'Tire rust roast .• ' a r p. A for a good and valuable consideration, the receipt whereof Is hereby acknowledged, does hereby grant y • I unto Poudre Valley Rural Electric Association, a Corporation,whose post office address It Fort Chill's, Colo- 'L "' rsdo, and to Its successors er assigns, the right to enter ',pen the lands of the undersigned, and mon l' to particularly described as followu_ /— ' 4 • " V• OF w,tO1V,tION,O've aDCaIIaONI Se: /7 Twp r-,/ Rge.a,7 it T e -4 rI -- , II '1 s °' and to place,construct, operate, repair, maintain, relocate end replace thereon and In or upon all streets, 1 •'a`•.t, "I• in roads or highways abutting said lands, en electric transmission or distribution line or system, overhead ,4"ID'. • "i and/or underground, end to cut and trim trees and shrubbery to the extent necessary to keep them clear N of said electric line or system and to cut down Iron time to time all dead,weak, leaning or dangerous trees j • .•i, � Ms , that are tell enough to strike the wires In falling, U "s o In granting this easement it Is understood that at the pole locations only a single pole and appurtenances will be used,and that the location o1 any anchors or other stopovers-airmen to such poles wi11 be sods as so • • :• t-' form the least possible Interference to farm oper lions, so long es II does not materially Increase the cost • ••a 1 ! of construction. •"♦ ••✓r • The undersigned covenants that he Is the owner of the above described lends and that the said lands are �a , ;1�I m free end clear of encumbrrnces and loins of whatsoever character except these held by the following: The understgned agrees that All poles, wire. end other fecilllles Installed on the above described lands at I ••, '` the Conparetivis expense shell remain the property of the Cooperative, removable et the option of the t , • Ceoperative. IN WITNESS WHEREOF, the undersigned has set his hands and seal this_L_/..__day of... J2164-V_I1E.'1, 'e . 197.5... 1 � . e • Signed, sealed and delivered in the pretence of. • wnuroe owmt y WlrMlft .._ . r] t • STATE OF COLCIADO: County of _ —. I The foregoing Instrument was acknowledged before me this_ day of 19_. ''' , e , ( t i, `:. My Commies "-sr es __ 'IOTA PUBLIC - Approved u ` 'Nder, )!Wed Order No 7 77 Line Locatlat_g0 F+r/ • it` t ASSOCIATION 4AreFNIAIM1r ,$ f,, :. ASSOCIATION COPY fit ii' i t 1 , ' ppo�8n9 R.calW a o� SEP • i co t $ 2 6 o'clock - ,. 1977 Rae. N0.'.....1 .a 1.22.t. Mery Ann Ft oracle, Reconwr r 'r:r ,i I U ? •I+ OIL A:4) CA3 Lii;A E I' .a - tn 44 • VI 1-1 rel - THIS AGREe:`ENT made this 19th day of•September, 1917, t, / , between Carl H, Amen and Ragliplimnei ke_1i.ife__.,_. -- e r Route 1, Bcx 209, Loveland, ColQcc4cL805.2L___.._ .__ , 'O O Lessor (whether one or more), and Carl F. Smith --_. t r 11532 W, 31st Place, Lakewood Colorado AQ2;2 _ laiac,'ao, , WITNESSETH: H 1, ]esnor in consideration of Ton and No/100 Dollars ( .10.;:'.'; , in hand paid, of the royalties herein provided, And of •\r the agreement of Lessen herein contained, hereby grantn, leases , and lets exclusively unto Lessee for the purpose of inv, sti. ating, explo +.' , prospectinz, d. iil.in., and mining for and nrodnctn; all., pone and other hydrocarbons, it+ in'i nipu linen, buildin.3 tani -, power stations, telephone linen and other structures thereon to proiuoo, save, tabu care of, trent, transport and own said products, and hounine its employeds, the following described land in Weld County, ' Colocndc,1 4o-wit: Townshiy5 Nerth,_Range 67 Writ, 'Snot NS,s-) - 147 acres, more or less, and being all of the .NW% of Section 20, lying South of the ditch of the Greeley and Loveland Irrigation Company Tract No. 2 - 92 acres, more or less, out of Section 18 and being the , Fame,land described in deed from Conrad Chrich to Henrietta Ament et al, dated April 8, 1949 and'recorded in Book 1245 at Page 296 (Reception N). 1056076) of the County Clerk's Records of Weld County, Colorado tract No, : - Section 19: NEiy, NliSE}, NE%SW} • Tract No. 4 - 17 acres, more or less, and being the same land out of Section 18, described in deed from Carl H. Amen to Raymond H. Amen, dated June 21, 1961, and recorded in Book 1587 at Page 456 : S_; (Reception No, 1358254) of the County Clerk's Records of Weld • County, Colorado ;,i In a$dition to the lend Above described, Ieaeor hereby t•;rents, manes And lets oxcluslvol.y unto Lensed to the Immo extent an if specifically described heroin Al], 1e.ndo owned or claimed by Lessor which are adjacent, contiguous to or fore a part of the lands ' above par.tinularly do cribnd, "ncludi.ro all till, has and other hydrocarbons undarlytn; lakes, clvers, stream:;, roads, easnP.entu a;d ri.,his-of-way which tram R or adjoin any o£ said land„ For , / ' - rental payment purposes, tnc land included within thin lease shall • / be deemed to contain 536.00acros, whether it actually comprises t more or less, r :, .eoO�'809 1731334 y =2-." '•t, n• li;h,lcn;1, la the ; her provizionn horr:in mminInn•i, • • �;��. tic:. lcaa; .Iall be foe a Loco of ' i nr ( '4) i ;.cc • true Lh!n create: (oWled ' or' art i ... ' ) AnA s . tons thernartn-; on oil, an and ;. - oher h}•r9i:ncru'bnns are pr.nd un•ed from slid .land hereunder in paying quantities. 3. The royalties to he paid by Lessee no (a) on ell , ono-riehth of that produced and saved from said land, the name to be delivered at, the wells, or to the credit or Loeser into the pipo .�� line which the wells may be connected; Leeson nay from time to tine etchase any royalty oil in its nonsesainn, paying; the market nrtcr •.h::r^for nr^vc1) inn, for the field echoee ornduaed on the date of pure hash; (b) on ;as, including casinhcad c. o or other hydro- carbon substance, the market value at the well of ago-oishth of the .. gas produced from said .land, •r: . • "` h, if operations for drlllinq are not coma'..er.enri on said land as hereinafter prcvidod, on nr before one year from thin date, the '..secs small then terminate as to both parties, unlu-;s on or before such anniversary date Lessee shall pay or tonder to Lessor .>', or to, the credit of Lessor in Home State Dank of Loveland Colorado 80537_ (which bank and its •• �_'.. uece ,ots are liessor's agent and shall continue as the depository • •�'' for all rentals payable hereunder re vrdl :as of chan ea in ownership of nail 'a a or rentnlal hither by convnynnce or by the dr,,nth er !' '�• innlo7,i'ty of ! enn:r ) Ih m-, of Fivo Hundred ThirtySix_alad H;SL1.4Q.. Dollars ( S536_00 7harels called rental ), which shall cover the privilege of deferring con,meneement of operations for drilling for a period. or twelve (12) > months. In like manner and upon like payments or tenders annually the ce:t-aenrement of operations for drilling may be further deferred +' for ot:cnersi.ve periods of t.wel.ve (12) months each during the primary term. The payment or tender of rental herein referred to may ho rw.de !n eurreine,y• drrcft or et nokIat t.hn option of; 'II' , l.ounuraa and • the d ;cr•aiting of ouch ourren,:y, draft or ohenk in any Pest office, properly addressed to the Lessor, or said hank, on or before the rental paying date, shall be cleaned payment an herein provided. If such bank (or any successor bank) should fail, liquidate or be succeeded by another bank, or for any reason fail or refute to accent rental, Lessen shall not be held in default for failure to make such payment or tender of rental until thirty (30) days after Lessor shall deliver to Lessee a proper recordable instrument, naming ' another bank as went to receive such payments or. tonciera. The down cash payment in consideration for this lease according to :its teens • and shall not be allocated as more rental for a period. Lessee may at any time execute and deliver to Lessor or to the depository above named or place of record a release or releases covering any portion or portions of the above described premises and thereby surrender this lease as to such portion or portions and be relieved of all ohli^ations as to the acreage: surrendered, and thereafter the rentals payable hereunder shall be reduced in the proportion that the • acreage covered hereby is reduced by said release or releases. • I£ lessee shall , on or before any rental date, make a bona ftde attempt to pay or deposit rental to a Lessor entitled thereto tender this lease accorritnq to Lessee's records or to a • lees::or who, prior to such attempted payment or deposit, has given l:oa•;ea notien, In accordance aIth the terms of t'n Is learn heraln- aftnr sob forth, of his right to receive rental, and if such payment or dnpoa it shall, .ho erroneous in any rn! pact (whether deposited in the irrnnl depository, paid to peroont other than the parties entil, art thereto as shown b;y Lessee's records, in an incorrect amount., or otherwise), Lessee shall he unconditionally obl.isa Led to pay to such Lessor the rental properly payable for tbn rental • ,.�. b ••' . i(MiBi9R Rilrll46r6~ i " , 1731334 809 a..� • • vorio4i Involved, bn6 `.h',; it „•.e shall he me.Intatned i,n ti sane •'• ,' manner as if such «rrroncnnr, 'rnnLai`..payment;:or deposit h-na been r.. • properly made, provided that the erroneous rental payment or ;r deposit be oorrocteri within 30 days after receipt by-Lossee of tt 4J,.f • written naLico front such Lesoor of sunh error; accompanied by any , • documents and other evidence necessary to enable lessee to make • proper. payment, • 5, Lessee shall have the right, at any time uithout. . Lessor's consent to surrender all or any portion of the leased premieen and be rnl.loved of a]] obligation as to the acreage surrendered. Lessee shall have, the right at any time daring or • :..after the expiration of thin loans to remove all property and .• .`'fixtures placed by Lessee on raid-:land, including the right to draw anti remove oil caning, When required ,by Lessor, Lessee will bury all pipe ]then below ordinary plow depth., and no woi.l nlmll ' be drilled within two hundred (i!oU) fort of. any r nidence or barn now on said land without Lessor's consent. The ,• scee agrees to , promptly pay to the owner thereof any dameges`to crops, surface or improvements, caused by or resulting from any operations of • 6, Theriuhts of etcher party hereunder may be assigned, .1 in whole or in pet., and the provinlonh hereof shall extend to ;,• the In trg, auceortsc,rn and ar'tlees of the parties hereto, hurt ne change or 'Hviaton in ounnenhtp of the land, rontatn, or. t:oyelties, • ho,:ever accomplished, she+1l operate' to enlarge the obligations or diminish the rights of Lessee. No change ,in the ownership of the Kr..• , land, or shy interest therein, shall be binding on Lessee until , , . Lessee shall he furnished with a'certified copy of all recorded instrsaants, all coirt proceedings and all other necessary evidence X14, • of any transfer, inheritance, or eato of said rights, In the • `r F4 'event of the assignment o.f this lease as to a segregated portion • of said land, the rentals payable hereunder shall be n,ppor.tionahle ; • among the several .leasehold owners ratably accorrltny, to the surface area of each, and default in .rental payment by one shall not affect the rirhts, of other leasehold owners hereunder. In cane Lessee assigns this lease, in whole or in part, Lessee shall be relieved .. f of. all obligations with respect to the assigned portion or portions arising subsequent to the date of assignment. t„4.44. 7, All exp eel or implied covenants of thin lease shall ' he subject to all' Federal. and fl Late Laws,..Executive Orders, flutes ir. or. Regulations, and thin lease shall not be terminated, in whole , ry' •I or in Hart, nor Lessee held liable in damages, for failure to comply therewith, f compliance is prevented by, or if such failure • ' Ya ` < is the result of, any such Law, Order,•holeor Regulation, or '.f • ,ana prevented by an act of Ord, of the public enemy, labor (Iiene:. 1,., t inability to obtain material, failure of transportation, or other i cause beyond the control of Lessee,'; ' h , • ' ,lf, duning the torn of:thia leape, oil , pee or other } , ;-' • •i4 v;:;;,•• hydrocarbons are discovered 'upon the leased:premises, but Lessee is prevented. from producing the same by reason of any of the 3, ' • causes set,out in this Section, this lease`shall nevertheless ' `be considered as producing and sballr'continue 'in full force and • effect until; Lessee Is permitted to•producerthe oil, gat) and other, • ; r` • hydrocarbons and as long thereafter as-such''pro'tection continues in paying quantities, • f..'''; i «, .,;'.. tiAtrAtit#,...titintaliStikinatiliitqAMAS114440404110140.44tAlawttoowatiOniovsotikaillitamk4+r' 71'..9,. A a 809 1731334 +i'i t 45� ♦ ' } • iTl '1 I, . +4!w illl•3 to Etk ' lanl .iroI I.Ttt 1 .. n di, It i,:n dischar.-. nr lac, ,aor' ae or (+L',. lien up,r: i 1snd, 1 nar In ;nolo sir in parL., and un 'wont. Tr+s i does so, it shall ht ., ' i nubroxelod t ' rssi, 11 or with (hn r5.r.l; 1.o enfcrrn ,,t:no , ,i applyil fir ..; . ,,, e' ,r e,n'tn is an' rva1.1.1..:•' ao,r ,ruln, hrn„unlar 1,no,nix3 1111. .i,y nr ar.1. ,, , ,.' :• i!lthout. .tA.cnirncnt. or i.OSSOu if, ri, Id ' nndu.r tha wair^nty In rvcnt n1.' ; a.5 of ( SAM, It Is a.,reed that If' ,l,cosotr .,:,n.; an Jstc;roil :• l In a _:,' s Ulan the cntllo fra simp',Is n tr' 1.1 ';n Ih;: t ,; ,, ro• a. ' .... ;In l r ontalc to be paid i o :;ar htt7:L be _,.rli.coc ' ..'.�. eV ; r • �� A1.1 of tic' pvovl :lnn, at thi: 'Inane rtrT11 •in•: : to the \+:,(1,,C'. Ti Id 1.- hAn11n: a{xm thn pilrt,l,•s ` e 1>'••, r.1 ;, '• n,l.n'r.' ,.,• , •, And no:;i":;no, . • 'l1 nr;rccin;.nt shall ha hindinf, on each or t",n .allove rnrrci .-1rti.. . who ,lrn the sns .., :rr)a.11.r.s of w! eTtnnt. it. Is • c :"I or the olher 'parties. 1 ''11'1,'li', TIIIII.Inno, i 'hln 5nntrmmnr,l 1 ,‘xrr,,l..,.1 no Lhe (Into ^l:'. tknvi urit.c"+,. V -- ` ---_—._.. ...... .. _S1�..1144u- >7' . (-btee.'r r•,'. • v.' • — • S OKPE O5' COLORADO norI,FOlltiir� \� The forogninn lne1rnlcut was aclnn'wirdq,:d b.ICoro Mn . il a ry t.,ceA?s_t__ ' 1,2,\. __day of•___$.ep_tember , 19'?7,, by z -Ca:II Amen and Raahe1 Z. Llmen,.Jlis_wife r�y�r l'3141: - " ''1If•Of 61' l;] tn^.;:•, ny h.uul and off'i:a al. nral. enom Iss1.,1 L7 B 1326 "—""C 02279005 02/25/92 09:05 ^$10.00 1/O03 F 2060 .aARY ANN FEUERSTEIN CLERK & RECORDER WELD CC, CO AR227A005 Easement and Right of Way Agreement This Easrintol. Id Rigloof Way Agreement.madr and entered intoas of the— 11th day of November _.1991 b.and betwet'n — Rachel Amen and Carl Amen hcivimdtta,a lnt"Gtanlot"(sshelhet gtam,mnirally singltkn in plural I.and the l.l-PI'LE'I I IO\)PSON WATER DIS'i RI(a'.a quasi-municipal lorp.nrion,307 Welt It Amite.P.O.Du awn C.. mxubentl.(Amid..K05I:L IIe)rlr,,Ihe'1 I ailed'he"Thoth I.' Fop girl and t ii oablet atsitleIatitin,the in din and still it lent y of whit Ii is lux thy at knows dgctl,the Clamor he,ely grams,sells.conv'eysand transfers IO the Di sititt.its sou("sons and assigns.the stt'.exrlusise;cod Imm i ent tight to enter.rte-enter.Occupy and use Ibehneinasterdest riled propmy to construct.ref onsn mt.inspect.upgrade.ileuast'line sire or a par ity,opeimr.repair.maintain.replace.remove and openly one or more lines for the tansniissinn.distribution and set sit e Of water.and all undergo nnai and wry in.appurtenances thereto.including metering stations.tanks.en(looms.Mouth(atOll signs and other fixtures.O511.aetit.tin' r and lid con the following dl'srrllxYt hind.situate iii the Comity pity of .Stan'ol Colorado.tie wit:(instil legal desointimI A WATERLINE EASEMENT LOCATED IN THE NORTHWEST QUARTER OF SECTION 20, TOWNSHIP 5 NORTH, RANGE 67 WEST OF THE 6TH PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 20; THENCE ALONG THE NORTH LINE OF SAID NORTHWEST ONE-QUARTER EAST 30.00 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 15 AND THE POINT OF BEGINNING; THENCE CONTINUING EAST 10.00 FEET; THENCE PARALLEL WITH THE WEST LINE OF SAID NORTHWEST QUARTER. SOUTH 1° 22'36" EAST 20.00 FEET; THENCE NORTH 88°37'24" EAST 10.00 FEET; THENCE SOUTH 1°22'36" EAST 380.00 FEET; THENCE SOUTH 88°37' C4" WEST 20.00 FEET TO THE EAST RIGHT-OF-WAY OF WELD COUNTY ROAD 15; THENCE ALONG SAID EAST RIGHT-OF-WAY NORTH 1°22'36" WEST 400.00 FEET TO THE POINT OF BEGINNING CONTAINING 7800 SQUARE FEET MORE OR LESS. TOGETHER WITH A 50.00 FOOT TEMPORARY EASEMENT FOR CONSTRUCTION PURPOSES LYING EAST OF AND ADJACENT TO THE EAST LINE OF THE SOUTHERLY 380.00 FEET OF THE ABOVE DESCRIBED PERMANENT EASEMENT. Retention (amity Retooled Belot .Page \trod"•,. See lion Township Rangy law easement and*iglu of way shall tie fin wide. Crania further grants to the Disai,I: (ad lit.right to grade the stripnl laud for the full width annul and tots lint!the nos and fill.with situ It gutting into;ual un the land a longand outside of the snip to the extent as the District may find reasonably net essary: (hi lhr right to support the pipelines across ravines and wal r courses with sill It.lilt,tuns as I)istri,t shall deem nix-moo:: o 11'hr right ol ingress pa and West Inns the strip over and at toss the land by mrans of I(xwhaud lanes thereon.if in h niga,otherwise by soy h Mille or I owes as shall NTasion the least practicable damage and in,nnvrnient t.to Crallmt:malt idol that tat h 1 iglu of Ingn•ss and egress shall not extend In any portion of the land which is isolated from the snip by any public road or hghway nose c rising or hereafter•tossing the:and: pros idol.further.that if any portion of the land is or shall 1w subdis idol and dedicated wads or highways on sit Ih mutton shall extend tot he snip. dm tight of ingress and egress on the proton shall he confined to sot h dedicated roads and highways: (d1 lTh right of grading for.conusucting.maintaining and using sieth roads on and across the lands is III, Di+tit i may dram m'lessats in the rs,•r(iw of the right of ingress and egress or to provide access to property adjacent to the land: to The right to install.maintain and use gales in all fences which now oust or shall lwreduv cons the strip: iP The right to mark the location of the striphy suitable markers set in thegrountl:provided that any sithmarkets rrncuitting abet the period of construction shall be placed in fences or Other locations which will not interfere with any reasonable Mr Chant shall make of the sit ag, All other rights tinnsary;and int idrn In the hill and complete use and rnjonM•nt of the righeof-scat and 4'a.111e1t fnl tie[AM nisei herein granted. GRANTOR IIERE:RY(:O\VENANTS AND AGREES: cal 'that Grantor sell not t ere or phut.any permanent building.'minute,inn rmt'nl.genie or Ott on du'eke Ii&AI easement.and the Dist it I shall not he liable hit t!rrir rrnw...,l if they are so placed.and Grantor ak ws.at Ctaunt.?'s sob'expense In NI IfIMne sot I1 items. tbl (dm nmr shall ma(Iintin on die ground rover over the water lines and shall not substantially add m the ground toter user dw'w'aIn lines or their appurtenant es. 1 ISM y(IR)I 200 Pigr 1.d 2 B 1326 REC 02279(--' 02/25/92 09:05 $10.00 1/002 F 2061 MARY ANN FlUERSTEIN CLERK & RECORDER WELD CO, CO Easement and Right of Way Agreement — Page 2 By and Between the Moth t alxlo Rachel Amen and Carl Amen (c) Grantor shall not gram any other eaa•mrnl.tight-of-way.plinth or lit rase uon.nndet nl user uid property withmu the wr iiten consent of the District. (d) Grantor warrants that Glamor isthrowrwr in fee of the Awn eilest lilted luntsand will defend Ow iii ft elwremagainsf all:la inn,and that said lands are free and clear and clear of um nmhrant es and lions of whatsoever t tiara,ter.ex.cp the following: THE. DISTRICT HEREBY COVENANTS AND AGREES: (a) The District shall nor Inn r of Carr wise ant It sl•die snip.twin Jul ing priods of construction and repair. (hl That all muthes and cm:WAions made in du ly ing ill It-pairing of sin pipeline shall be prolwrlh backlilid and as mach of the original s rfacesoil as possible than he plat at on top.All large mat su use,and t bxh will be inward from the finished backfill.Tlw District will finish the backill after normal settling of the soil so that for use and enjmmem td said land by Grantor shall lw suitable(or the purpose now used.11w Dior di will maintain the nano I.arch a,i id buried water pipeline J ' g inst,alatiun.minslallalion and maintrn:awe of said wail line: It It,aw exelt that thr:awwe-J,st I bed lauds are being used lit glaring pits, es.the Dim it Iagtesthat during the l x'rind of mom ruction of the pipeline hereunc,; ml,tat suhscpe•nt alining.term using or rtplat mg of said pipeline.it will lease or arrange for reasonable crossing met said righoof-war snip for dn.rattle:and Its Oat It of Go:mun and his lelasitsand Inv e.Etltlhrl Whelk st•I it btu times m el•scars fur the Dim it t.its agents or commons to cola km a in the abort-dew riM,l lands.the(lisnin t agmrs.al:Is Option.tither In keep the gap closed or guard it in sun ha manner sr as to presrnl the moan,rand lid!of I aulr or other liushin k through sin It gap or tot Iuntiluct.n silt h War eor phi rs sulntantial gad/with dnaI hocks ami in furnish Goamul WWI One sr of kah's dim MK Mow.mr tub letter is,ill In the Disco it I.the sine shall be In at eel its miler to proof slat ken ilig of the wiles At with km t-in cub diin lion from for Disuit l's rengor,uy gap Ids In the went that the al6rerde+,ti(w,)l:uuls an-Ix•ing nod ha the grassing of a clop whit h hrquir.s uhig:ni,:n:o the dine the pipeline is constructed hereunder.th:-Damn agree,.unless ulna wit pus idol Inn.to mnrall and egwt:it flumes cup apptola oily tossing des n es at ion rho right-of-tray at find.dun ing sue II a n,nat line Opriatinns. Thy Ilona,I Lntlwu Odin.links,ilhnss ix*pits slid fin.not to hit L.dam of ohm tut in any mini nt-c in.1 in fgaliin canal.drainage din tic,.I rek,kit.old to salt lauds.and aka dgntrs MI.phi.CM Itp,tle ant h1 e,ma banks disutbed or damaged by the Dint it Cs olwralinns oil said hunk. p-) The Dis,it shall be liable in u1w extent allowed by law lot loss and damage whit I,shall Iwunlsed In acts ter.mgi l cm it ise it the rightsof ingress and rgu•ss or by wrongful or negligent ae ur omission of or of its agents or employers ill I hr t Hats-of drat ttoplot m em. IT IS MUTUALLY AGREED RV Tf IE.PARTIES: lad Grantor truism all oil.gas and mhrr minnals In.to and under the shot t•-tbsrl died hands.and Gimlets sh.Jl not giant ans tight in the sot- fait or otherwise den will materially linable with the rigW.and privileges herein glanced lo the 1)isrit t. (h) Each and errs oat•oldie lx•m1its and burdensof this tas-ment and riglmof-wan shads inure it and Ise binding igloo the Intvs tier lrnsmal rrpt•st•ntatites.suerssns.and assigns tf the pat tie,I veto. 11th November 91 IN WITNESS WHEREOF the undersigned has set his hand and sun astr:uuonith Jae of _.l9—. ,a lilt^. GRANTOR IT 'r1.A (ESIIksR:yim 1 (: � •. _ ) t3j..**/.. /.. CY•O _ •' ` CO' 11th November 91 The lin.gning inamm�rm a�.t.:u knotshrlgel Wore d.n ill _ .I)—. bt. Rachel Amen and Carl Amen a.Gfanir. �� (70 .;ems - /! ante, r,alue My Commission expires: 42 } `�d, Add,..,..7.5 . .0c rg� '� .--,/ do f ps 3? I.TSD FORM 2uw t•agr 2 al 2 B 1326 C 02279006 02/25/92 09:05 $10.00 1/002 F 2062 MARY ANN FEUERSTEIN CLERK & RECuRDER WELD CO, CO pt;2279D06 Easement and Right of Way Agreement This Easement and Right of Way Agreement.nrtdt•:ndentered!intous of the 11th ,f,cl.11f November in_21. hi.and between Rachel Amen and Carl Amen allnl"(..anon"Mush.l mammoth:illy singula of jitta.,Ii.;,nil hr I.II"11.11 TI1OMPSON WATER DISIAIC'r.a quasi'muni Ipal ctape aline Y07 Welt h: tonne.PA) Pt awn G..Hi•nhtxul.Colotado MIS.hnrivalIn a.tiled Ihr"Di•nit'•• Fig good and valuable umsidetantin.the receipt and soffit inn y el whit It is heathy at Irwwlt'dgetl.tIn'Grantor limbs grants,sells.,nnur)sand Itansi rrs to the Dish it t.its+111•nun s nil assigns.the Ile'oh'.ext liaiseand IN'ri11:In1Ylt tight to 1•Ittt'I.tr'i'lltt•l.tNt tlpy and us.•tlx•hereinafter des;tilted pitman In fonslllll 1.In Milltilt.tllspit I.tlpgr:xlt'.alt ten line sir''or e:gxlt its.I llxi:sir.lisp;'lt.maintain.opiate.remove anti operate one or more lines(ol the trammissital.lushibwion and sins it of water.and all uudeiglnmnd and Ws tier apputirn,mcr,thrum..including metering st.untn..s oaks.UM hearty..itirntilit aton signs and other fixtures.tun.a.loss. Its Mid Igxnt d"'full,twing Iles o itN d lanti..incte in the County of .Slate III Cbinlaft,DPW tin sett legal drst liplimu A 20.00 FOOT WIDE WATERLINE EASEMENT LOCATED IN THE SOUTHWEST QUARTER OF SECTION 17, TOWNSHIP 5 NORTH, RANGE 67 WEST OF THE 6TH PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE WEST LINE OF THE SOUTHWEST QUARTER OF SAI() SECTION 17 WHENCE THE SOUTHWEST CORNER OF SAID SOUTHWEST QUARTER BEARS SOUTH 1°03'57" EAST 925.E5 FEET; THENCE SOUTH 41°03'57" EAST 46.66 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE Cr WELD COUNTY ROAD 15 AND THE TRUE POINT OF BEGINNING; THENCE SOUTH 41°03'5i" EAST 31 FEET; THENCE SOUTH Ol°03'57" EAST 276.17 FEET; THENCE SOUTH 88°56'03" WEST 20.00 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 15; THENCE ALONG SAID RIGHT-OF-WAY LINE NORTH 01°03'57" WEST 300.00 FEET TO THE POINT OF BEGINNING CONTAINING 5762 SQUARE FEET MORE OR LESS. TOGETHER WITH A 50.00 FOOT TEMPORARY EASEMENT FOR CONSTRUCTION PURPOSES LYING EAST OF AND ADJACENT TO THE EAST LINE OF THE ABOVE-DESCRIBED PERMANENT EASEMENT. Roc tin ion (inns Ret in dell Hut it —Page— Nunds•t Sr.lion Town'sh'ip Range 770•I.:tsn11enl and tight nl way.hall In' Ins with.. Omuta Mullet grams Ill Ihr DI+t,irl: tau '!be tight to grade the snip of land for the full width thereof and toextend diet uts and lilt'with sin h grading into:mil on the land along and outside ol the strip to Mr extent as the Diurit I may find rrastmaids in/'+s:u}; (It 77w right to support the pipelines germs ravines and teazel I MUSES Willi suds strunurt,as Dist tit t shall de m nnr;s:uy: 1.I 'I he right of engtl's.to and egress It our the strip 0511 and at ems the land 1w nwuns of mauls.nil lain'.Ihru•rm,if wx It("J1 s.ttherwiseby ilk h milli'in;tuts as shall to onion the least prat icahle damage and int out en ion r m funnel:pun idled that such right of ingress and egress shall not extend I,,;,to pnlion of the land which is Icolatnl nom the strip Its any public road of highway now I tossing or h1Yl;dtn,tossing the land: pm,tiled,l°nhrl.dial if any p•niou nl the land is Of sluill he sulxlis ithrl and dedicated loads 01 highways MI silt b pmfnn•ba0rannd ill the si lip. the right of Mmes..s anti egress on the'motion shall be t 'o slit II'Initiated road.and higln was s: fill '(hr right of grading fill maintaining and using such loads MI Mill auras.OW lands:IS IN'District may deem net tss:In-in Ihr cull he of the right of ingress and egress or to pros ilk ac mss to property adjat nu to the land: fel TM'right to install.maintain and use gates in all lem-es whit h now cum or shall hetr:fter c Ins the strip; :I! The right o mall.the In,as ion ol the strip bysuitablemarkers set in the ground::pits filled th:u any wt h markers remaining ahenbe I writ sb ol tong ruction shall Iw placed in fent es or other local ions a'h!rh will nbI inun few with any wasonahir IOW Grantor shall sake of the snip; or o All oilier rights net rotary and incident to the(till:tndcomplete use and ntjo!Ynrnl of the tght.obw.n and rawsnem for the•pun tows herein gr:nunl. GRANTOR HEREBY C.ONt'ENANTS AND AGREES: Ian That Grantor shall not nett or place any permanent building.strunum imp' n ement.(rifle of ter nn the Ih•w Next easement,am:the Dim in shall not be fable for meis rt'moeal if they are so plat ed.and Gramm amen.al Gtauulr'+ant.•.'xix•nv uI sn tenors silt h items. (III Clamor shall not diminish Ihr•ground enter over the water lines and shall not substantially add m the ground toter mer the water lines or their appurtenances. I.TW M FORM 200 Page tot 2 • B 1326 REC 0227. )6 02/25/92 09:05 $10.00 2/002 F 2063 MARY ANN FEOERSTEIN CLERK 6 RECORDER WELD CO, CO Easement and Right of Way Agreement — Page 2 By and Between the Disidu and: Rachel Amen and Carl Amen (e I Grantor shall not grain ant other easement.tighl•nl etas.111111111 M lit ruse upon.under 01 islet said in nfw•rn Without:1w•written anti Wilt of the D.srin. (d) Grantor warrants that Gratuuin psilu owner in fee of the aiwltl'•th e I died lands and will del end the tide therein against all claims.and tat said lands are hit and clear and I Ti;,'.11 elk umbran,es and hills of what4x'tee charm ter.1'x11.111 the follow! g: '1 HE DISTRI(:T I IEREiI V(:OVEN.tNi.S.IND.1GREE_S: tap The Disrit l shall nee four or other wiw MO lose the strip.excels during periods ol c unwuttion and repair. (hi That all trenches anti Iticmalirxls made in 1111'laying or repairing of such pi icli or shall be properly Ica(Willed and as much of the original sit dace soil as possible shall lw plat of on top.All l:mgr panel.stones arid i Inds will Iw tl'mmvs hum the finished latkfill.The District will finish the hark-fill after normal within ol Ilit'soil MI 111111 the tor awl enjoyment of said land by(;cantor shall hr suitable for the purpose now asciI.The District will m ini.tin the Ilc'19I1 arr.,aid Inn red water pip x'line dining installation. !MinnIrinstal i I Illabilenalite of said waterline: (i n In ll:t t'll•nl that 1b1•alx ue•Ifrw I1lM 111a11ds ate'wing toed lox gracing pin MMieh.the Disi rll I agrees that dal ing II,,'peritx1 III COI tttrtalon oI1t11' pip'Iftic)wrri1111irr.or ally 01110101110:t 111.1 irig.tenoning or It'plllit ing of said pipeline.it will how 111:orange for Ic•.Ismahlr a tossing can said right- f'tea slilpfor the 1'111 tic'and formic k of(d; and his tenet 111.and lessee.Further wlwne1-rr i1 bet 1m11's net were kir IIM District.in apt. Is or I IUtrann1t III I;et a'mem the:Jim riles lihcti lands.Me Dim it 1:IprH9.at its opt ion.either to keep the ga primed os guard i1 in sin ha manner so as to puseal 1111•11111;111.1•.111111'5:1014 aide Of 01111'1 litt'sla I.through sun Ii gap or 10 rorsuts 1 aI11111191:0 Y Or planes wln!ami it gait's with dual hicks and to f - k Gnuuot with sine set oh keys lht'Id'to.Refute any such feller is 1111 hs the District.11wsiill,'%11:111 111'hint ell in millet to preen slat lining of ibr wiles;iinog with bin s•in cal It diur lion hone the niggle t:temp t n ly gap. (dl In 0M•est nl ihan the.dwnc'desuilnil lmb arc living used fin the growing of a ums whit li Iequites it igatiot au the ti le the pipwline is cnnsruued hen-undo.the 1)ist:tit agtrrs.unit's odutwise ponithsl fur,to install and operate flume%m appropnlate ' .art ills across the right-of-wan ai all lime.during•011 11 Ioustrii lion trial at ions.TIw Dish it I Inn hit stiles•..unless othewiw'provided for.not to block.dam m ohm tit I in any mamma in a it igationI;utal.dtailage diet lie,.c irks locatedon said hind%and also agon•s 10 u•plai a on repair any Ittter or banks disturbed or damaged Its the District':igxtatio1n in,said hinds. (t') The Di Sit I shall he liebh•uo the extent llment he law for loss and damage whir h shall lea causal by any wrongful 41M isr td the rights of inguss and i:cress or In wmgglnl of negligent at t to omission of or of its agents or employers in the course of their employment. IT IS SII'Tl'ALl.l'AGREED BY TI IF PARTIES: (a) Grantor resents all oil.gas and other minerals in.on and mulct thealnwe.dest tried lands.and Comm shall nil grain any right in the stir- fare of otherwise that will nantkills inlet let.'with the l inks and plit ik•gws!Irwin granted to the Douin. On Each and eery one it the hux'liw and Lumens nl Ibis ras'lnrin 41110 right-of-was shill' •loan llie binding°pone the trifwuin•personal leprretratiu's.'inc wens.Mill assigns of the parties hrtrtu. 11th November 91 IN It''FTNESS WHEREOF the enders:god has set his hand nd seal an Grantor this dal of . 19-. 4(.t:. GRANTOR :Sirs.„?), / , ie.( b., • STATE OFcO1• )RADO \1 - ra. GO1'NTY OF 11th November 91 The lot emoting insrumenneas at f.nmwlydgep 1.-Ion'Int.Ibis ____.J..'of .19-. bl Rachel Amen and Carl Amen C7J I • as(:11I!li.r. [�/q NnnOy i ublic NIr(inrmimi0n•spites:spites: • s /`" Address: c2,-7651i7 c peri ,,. 140 S 3? 1:1 wen FORM ap Rm'"Ix 2 1111111 IIIII 1111111 II!"ylll FIRM 2958173 08/04/2002 04:50P Weld County CO 1 of 3 R 15.00 D 0.00 J.A. "Suki"Tsukamolo WATER AtiRtEMtN 1 • 173 This Water Agreement("Agreement)made and entered into this 28ie day__May 2002,by and between Paull). Amen Trust,Charles R Amen Trust and Joyce Amen Mayberry Trust,("water Owner")and LkthStaf LW and Nolan Ulmer("Land Owner')is upon the following terms and conditions,to wit: UIV LAND LLC iLM 1.Water Owner presently owns 35 CBT acre-foot units("water ri3hts");and Water Owner desires to retain 7N7 ownership of and not to transfer to Land Owner such acre-foot units of said water rights as a result of the transfer' of ownership of title to the land upon which such water rights have historically been used and applied.This Agreement is for the mutual benefit of the parties hereto and the parties agree that there is valuable consideration exchanged between the patties for this Agreement. 2.As a result of the transfer of title to the real estate described on Exhibit A attached hereto,the use,possession, title and enjoyment of the water rights as described in this Agreement are intended to be retained by Water Owner,however due to the requirements of Colorado law and the rules,regulations,bylaws and contractual provisions of the Northern Colorado Water Conservancy District,such watei rights must,until a transfer is approved,remain attached to the title[or application to the real property on Exhibit A. Land Owner is willing to permit the retention of such water rights app ble to such real property until Water Owner transfers such water rights to a successor in title or to another parcel of real property. Land Owner disclaims and releases any claim to any right,title or interest of any kind or nature to such water rights and agrees to perform the rights, duties and obligations of this Agreement notwithstanding the continued connection between the water rights and the real property. Land Owner agrees not to encumber the real property and/or the water rights that are tie subject of this Agreement without the prior written consent of Water Owner. 3.Water Owner shall pay all assessments and charges imposed by the Northern Colorado Water Conservancy District on the water nghts during the term of th is Agreement Water Owner shall pay the cost of obtaining a transfer by the said water rights to the Water Owner or to the designated successor in interest to Water Owner. Land Owner agrees to allow such water rights to be considered as applicable to the real property described on Exhibit A until the actual transfer of such water rights to Water Owner's successor(s). 4. At the time that Water Owner determines to transfer said water rights to the successor(s)of Water Owner, then Land Owner shall sign and deliver to Water Owner or to Water Owner's successor(s)an assignment or other transfers of such water rights to the successor(s)of Water Owner.During the time that such water rights are designated on Land Owner's real property, Landowner shall sign and deliver all such proxy or proxies applicable to the water rights to Water Owner;and Water Owner shall be the agent of Land Owner under a special power of attorney(which shall not be affected by the disability of Land Owner)with respect to the water rights.Lend Owner shalt sign and deliver to Water Owner all such other documents designating Water Owner as the lawfiul agent of Land Owner to vote or otherwise deal with such water rights for all purposes. 5.Water Owner shall have,upon written notice by Water Owner to Land Owner,the right to obtain a transfer of all or any part of the above described water rights to a designated transferee(including a retransfer to Water Owner).Land Owner shall,upon such request,make necessary application to the Northern Colorado Water Conservancy District,for such transfer as requested by the Water Owner.The right to obtain a transfer of such water stock and water rights shall constitute a trust and an encumbrance on the water rights and Water Owner shall be shown as a beneficiary and lien-holder on the title to the water stock and water rights. Such trust and encumbrance shall be released when Water Owner receives a transfer of such water rights.The Land Owner shall sign all such documents that Water Owner reasonably determines are necessary to effectuate and terminate this Agreement. 6.In the event of the default by Land Owner in any of Land Owner's agreements or obligations hereunder,Water Owner may elect to specifically enforce this Water Agreement in law or in equity.These remedies shall be in addition to any other remedies granted by law to the Water Owner. 7. In the event that Land Owner shall default in any of Land Owner's agreements or obligations hereunder so as to require Water Owner to commence legal or equitable action against Land Owner,Land Owner expressly agrees to pay all reasonable expenses of said litigation including a reasonable sum for attorney's fees,expert witness fees and court costs.h is expressly understood and agreed between the parties hereto that this Agreement shall be governed by and its terms construed under the laws of the State of Colorado. 8. Any notice under this Agreement may be given to Land Owner at • Lonestar Properties C/O Nolan Ulmer 929 38*Ave. Ct. Greeley,CO 80534 970-690-8423 and to Water Owner at Paul D.Amen 3202 Country Club Pkwy.Castle Rock, CO 80104 303-663-1112 �o�c e lie served as provided by law,or may be personally delivered or sent certified mail,mum 9. It is agreed that time shall be of the essence ofthis Agreemenyand each and every provision hereof. 10.This Agreement shall be binding upon and inure to the ben- of the heirs,personal representatives, successors and assigns of the parties hereto.This Agreement � y n be assigned by Land Owner without the written consent of Water Owner thereto. IN WITNESS WHEREOF,this Water Agreement is ex-- dap I .Of da 1 and year first above written. Nolan Ulmer for Lonestar Properties LLC(Land Owner `1,��,. signature) Paul D.Amen(Water Owner) sg I ) Charles R.Amen(Water Owner) 4.4 / s.[/ agnature) Joyce Amen Mayberry(Water Owner) signore) STATE OF COLORADO ) )ss. COUNTY OF WELD ) The foregoing Water Agreement was acknowledged before me this 28TH day of MAY ,2002 BY NOLAN ULMER, MANAGER OF UIV LAND LLC as Land Owner NOTARY PUBLIC My commission expires: 101 )o) Q.S STATE OF COLORADO ) )ss. COUNTY OF WELD ) The fen oing �-,:•v-mart was ackno�wled ed before me this 28TH day of MAY oe 2002 By CNARLER "1/4 D, PAUL D. AMEN CTRUSTNAND YJOYC AM N TRU as Water Owners MAYBE ST iJEANETIF 1 SN06'•r ! ARY PUBLIC My commission expi E Gu Nto`c� I IIIUI 11111 2968173 06/0412002 04:50P Weld County CO 2 of 3 R 16.00 D 0.00 J.A. "Saki"Tsukamoto "Exhibit A" Legal Description: The NW IA of Section 20,Township 5 North,Range 67 West, except that portion lying north of the ditch of the Greeley and Loveland Irrigation Company;and the SW 'V4 of Section 17,Township 5 North,Range 67 West,lying south of the ditch of the Greeley Loveland Irrigation Company. 2958173 11 ll'ini I'I I'llll"nn Wellilt 111 iiiunty it 1111 11 3 01 3 R 15.00 D 0.00 J.A. 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I ;iii! a. Fll :p 12• t X6 ; i1a a2 A-€ v11 d t t a all :i ;.11$1_:1 31a .i. 6=31$ _1 4 aI- ,DLO-53BN1-0'.7^I^: KILO-a01111,ON BCC �1 AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Property Legal Description: Lot B of Amended Recorded Exemption RE-3340; Being Part of the NWl of Section 20, and Part of the SW1/4 of Section 17, all in Township 5 North, Range 67 West of the 6th P.M. , Weld County, Colorado. 0 9 5 7 2 0 2 0 0 0 3 7 Parcel Number 0 9 5 7 _ 1 7 _ 3 _ 0 0 _ 0 2 1 (12 digit number-found on Tax I.D. information,obtainable at the Weld County Assessors Office,or www.co.weld.co.us). (Include all lots being included in the application area,If additional space is required,attach an adcltional sheet) THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners' of property (the surface estate) within five hundred (500) feet of the property being considered. This list was compiled from the records of the Weld County Assessor, or a person qualified to do the task, and shall be current as of a date no more than thirty(30) days prior to the date the application is submitted to the Department of Planning Services. / ',1 By: Title: d 41'6'il5 fi&. it' The foregoing instrument was subscribed and sworn to me this 2—f) day of Nato.��. _ , 2--C)0j. WITNESS my hand and official seal. ... Pita My Commission Expires: 1/3140(,. _ y�+`'�� "" �.�IC i ,. = JENNIFER ,�,� ZINK L.--i:`••-.....«r'civ NIv P ublic OF CO -15- -AFFIDAVIT OF INTERESTED"-AND OWNERS — Page 1 oft AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE Subject Parcel: 095720200037 THE UNDERSIGNED, states that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Wel County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and h not been modified from the original. The list compiled from the records of the Weld Co f se s r was assembled within thirty days of the application's submission date. T ' Sig ature SIQ-c 6-c Date Property Owners Within 500 ft. of Parcel# 095720200037 NAME I MAILING ADDRESS I PARCEL IDENTIFICATION # 26442 WELD CO RD 15 CROISSANT JAMES 095720000029 LOVELAND,CO 80537 27775 BLACKFOOT RD CROISSANT VIOLA C 1/2 INT & 095720000031 LOVELAND,CO 80537 27775 BLACKFOOT RD CROISSANT VIOLA C 1/2 INT & 095720000001 LOVELAND,CO 80537 26493 COUNTY RD 15 DEWALT KATHERINE NELL 095719100058 LOVELAND,CO 80537 26493 COUNTY RD 15 DEWALT KATHERINE NELL 095719100059 LOVELAND,CO 80537 26997 WCR 17 HANKINS HARLAN P 095720100004 JOHNSTOWN,CO 80534 26997 COUNTY RD 17 HANKINS HARLAN P 095720100006 JOHNSTOWN,CO 80534 26994 COUNTY RD 15 KELLEY WAGNER R& 095720200036 LOVELAND,CO 80537 KELLEY WAGNER R& 26994 COUNTY RD 15 095717300020 http://maps.merrick.com/website/weld/setSgl.asp?cmd=buffer&P1N=095720200037&Par l... 5/25/2005 -AFFIDAVIT OF INTERESTED-1-AND OWNERS ^ Page 2 of 2 LOVELAND,CO 80537 27071 WELD CO RD 15 SCHWALM BROS INC 095718000037 LOVELAND,CO 80537 6943 WELD CO RD 56 SCHWALM CALVIN 095718000038 LOVELAND,CO 80537 16529 COUNTY RD 70 UIV LAND LLC & 095717300021 GREELEY,CO 80631 3041 WELD CO RD 46 ZIMMERMAN BROTHERS LP 095717000017 BERTHOUD,CO 80513 3041 WELD CO RD 46 ZIMMERMAN HENRY V TRUSTEE& 095720000025 BERTHOUD,CO 80513 http://maps.merriek.com/website/weld/setSgl.asp?cmd=buffer&PIN=095720200037&Parl... 5/25/2005 --.AFFIDAVIT OF INTERESTEIY"AND OWNERS ^ Page 1 of 2 AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE Subject Parcel: 095717300021 THE UNDERSIGNED, states that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and h$ not been modified from the original. The list compiled from the records of the Weld County A es r was assembled within thirty days of the application's submission date. l 1C i( / R,' ')7ig ture S 3/D� c te Property Owners Within 500 ft. of Parcel# 095717300021 NAME I MAILING ADDRESS I PARCEL IDENTIFICATION# 26493 COUNTY RD 15 DEWALT KATHERINE NELL 095719100059 LOVELAND,CO 80537 26994 COUNTY RD 15 KELLEY WAGNER R& 095720200036 LOVELAND,CO 80537 26994 COUNTY RD 15 KELLEY WAGNER R& 095717300020 LOVELAND,CO 80537 27071 WELD CO RD 15 SCHWALM BROS INC 095718000037 LOVELAND,CO 80537 6943 WELD CO RD 56 SCHWALM CALVIN 095718000038 LOVELAND,CO 80537 16529 COUNTY RD 70 UIV LAND LLC 095720200037 GREELEY,CO 80631 27455 WELD CO RD 15 VOSS LAR& DEBORAH 095718000034 LOVELAND,CO 80537 3041 WELD CO RD 46 ZIMMERMAN BROTHERS LP 095717000017 BERTHOUD,CO 80513 ZIMMERMAN HENRY V TRUSTEE & 3041 WELD CO RD 46 095720000025 http://maps.merrick.com/website/weld/setSgl.asp?cmd=buffer&PIN=095717300021&Parl... 5/25/2005 AFFIDAVIT OF INTERESTEL.a-AND OWNERS ^ Page 2 of 2 BERTHOUD,CO 80513 http://maps.merrick.com/website/weld/setSgl.asp?cmd=buffer&PIN=095717300021&Par l... 5/25/2005 LIST OF MINERAL OWNERS AND MINERAL LESSEES (UIV Land) Subject Property: Township 5 North, Range 67 West, 6th P.M., Weld County, CO Section 17 & 20: Lot B of Amended Recorded Exemption No. 0957-20-2-AmRE-3340, being a part of the SW% of Section 17 and the NW% of Section 20. Crews & Zeren, LLC, a mineral title company, states that to the best of its knowledge the following is a true and accurate list of the names and addresses of the mineral owners and mineral leasehold owners having an interest in the Subject Property, based upon the real property records of Weld County, Colorado, as verified through May 8, 2005. A facsimile or photocopy of this list shall, for all purposes, be as valid as the original hereof. Dated this 23rd day of May, 2005. CREWS & ZEREN, LLC By: William G. Crews, CPL Certified Professional Landman #3477 Mineral Owners Mineral Leasehold Owners: UIV Land LLC Kerr-McGee Rocky Mountain Corp. 929 38`" Avenue, #102 1999 Broadway, Suite 3600 Greeley, CO 80634 Denver, CO 80202 Anadarko Land Corp. Jayme A. & Michelle E. McCoy Attn: Mgr. Property & ROW 10245 Arapahoe Road P.O. Box 9149 Lafayette, CO 80026 The Woodlands, TX 77387-9147 United States Exploration, Inc. Anadarko E&P Company LP 1500 Poly Drive, Ste. 100 Attn: Manager Land, Western Division Billings, MT 59102 P.O. Box 9149 The Woodlands, TX 77387-9147 Petroleum Development Corp. P.O. Box 26 Bridgeport, WV 26330 Crews efZeren,LLC Mineral.?irk Services P.O. Box336337 (970)351-0733 Greeley, CO 80633-0606 Page 1 of 2 Yax(970)351-0867 By acceptance and use of this list, the client and its agents agree to all of the following: William G. Crews ("Crews") and Cynthia A. E. Zeren ("Zeren") are Certified Professional Landmen certified by the American Association of Petroleum Landmen who have been asked by Client or Client's agent to provide listings of mineral estate owners entitled to notice pursuant to §§ 24-65.5- 103 or 31-23-215, C.R.S., as provided under the Surface Development Notification Act, Colorado Revised Statutes §24-65.5-101 et seq. Such lists will be prepared by Crews or Zeren, although the Client's contract is with, and all payments are due to, Crews & Zeren, LLC ("C&Z"), a Colorado limited liability company of which Crews and Zeren are the only members. Neither Crews nor Zeren is an attorney licensed to practice law. Crews and Zeren have agreed to prepare listings of mineral estate owners for the Client only if the Client agrees that the liability of Crews, Zeren and C&Z in connection with such services shall conclusively be limited to the amount paid by the Client to C&Z for such services. Crews, Zeren and C&Z make no warranty, express, implied or statutory, in connection with the accuracy, completeness or sufficiency of any such listing of mineral estate owners. In the event any such listing proves to be inaccurate, incomplete, insufficient or otherwise defective in any way whatsoever or for any reason whatsoever, the liability of Crews, Zeren and C&Z shall never exceed the actual amount paid by Client to C&Z for such listing. In order to induce Crews, Zeren and C&Z to provide such services, Client does hereby agree to indemnify and hold Crews, Zeren and C&Z harmless from and against all claims by all persons (including but not limited to Client) of whatever kind or character arising out of the preparation and use of each such listing of mineral estate owners, to the extent that such claims exceed the actual amount paid by Client to C&Z for such listing. Client specifically intends that both the foregoing limitation on liability and the foregoing indemnification shall be binding and effective without regard to the cause of the claim, inaccuracy or defect, including but not limited to, breach of representation, warranty or duty, any theory of tort or of breach of contract, or the fault or negligence of any party (including Crews, Zeren and C&Z) of any kind or character (regardless of whether the fault or negligence is sole, joint, concurrent, simple or gross). Crews d'Zeren,LLC Minera[Ttle Services P.O. Box336337 (970)351-0733 Greeley, CO 80633-0606 Page 2 of 2 Fax(970)351-0867 MINUTES OF THE WELD COUNTY UTILITIES ADVISORY COMMITTEE A regular meeting of the Weld County Utilities Coordinating Advisory Committee was held on Thursday, June 30, 2005 10:00 a.m., in the Conference Room of the Weld County Planning Department at 918 10th Street, Greeley, Colorado. Members Present: Don Posselt, Doug Melby, Jerry Adams, Don Somer and Don Carroll Also Present: Chris Gathman and Sheri Lockman, Department of Planning Services. CASE: PF-1032 PLANNER Kim Ogle REQUEST: PUD Final Plan for a none (9) Lot residential subdivision, two (2) lots with Agricultural Zone Uses along with 19.2 acres of common Open Space (Coyote Ridge PUD) LEGAL DESCRIPTION Amended Lot B of AmRE-3340; part NW4 Section 20 and part SW4 Section 17, T5N, R67W of the 6th P.M., Weld County, Colorado. LOCATION: East of and adjacent to CR 15; 1/2 mile north of CR 54. Chris Gathman, and Sheri Lockman, Department of Planning Services, presented Case PF-1032. Staff recommends that the applicant meet the requirements of Section 24-7-60 of the Weld County Code regarding "easements". Lot A of RE-3340, adjacent to CR 15, south of Outlot C has a 30 foot utility easement from the road into the subdivision. Ms. Lockman determined the applicant does not own this lot. Mr. Gathman indicated the issue is the easement is being shown but there are no records indicating and easement on the RE plat, or that Mr. Ulmer has been granted permission to an easement on property he does not own. this. There is a RE that was recorded in May of 2004 but it does not show the 30 foot utility easement. This raises the question as to how they will be getting the easement from the road. Outlot 8A and Outlot 9A do not have any exterior utility easements shown on the boundaries. There is a private right-of-way easement for Poudre Valley Rural Electric. Staff recommends having the easement inside along the boundaries. Don Carroll, Department of Public Works, stated that there appears to be a Lot at the west end of Lot 8. Ms. Lockman indicated it was a part of Lot 8. Mr. Gathman stated it may be for drainage purposes. Mr. Gathman stated that adjacent to Lot 8 on the ditch road there is a 10 foot utility easement delineated. This easement needs to be 15 feet, also along the western boundary of Outlot 9A there are no utility easement along the road access. Shown is 10 feet which needs to be 20 feet. Mr. Gathman added that Outlot A between Lots 2 & 3 there is also no utility easement along the south boundary. Don Posselt asked if Xcel Energy had signed off to serve the development. Mr. Gathman indicated the name had been changed halfway through but the legal still indicates the same property. Don Carroll stated he would commend staff on the identification of the needed easements on the plat. Don Posselt moved to approve. Don Somer seconded. Motion carried. Respectfully submitted, Voneen Macklin Secretary •10- _-tea: $ 31.=h1:L:",C'mlrk Des ,gr:_ :Sai,-=70' _ - Will Serve Qwest Communications 06-Oct-C3 8:59:13 AM 12121 Grant Street Room 201 Thornton, Colorado 80241 CATHY MOURHESS Tracking # 2791 SUBJECT: Telephone facilities to planned./ proposed development. Attn: PICKETT ENGINEERING _ - . _ ....us_.. .n... � ax�:'.^.� ,:i:iSru ii�• ..1 �;.... .�roi��, ri�...�. Ekyc:E4 � p7�-'•i,�j—!��`-�,�,� g!�� t ttmm61„nRn04.1l i •7l15tL^£: i f7i7i-. u�'-.r ii r l, uR' gri fi n^ t.7'r�!!'cq:'.u:'•' ..v-ui ?2N'°_�7ry�,�r : C -}� � p •-c: b�erm'Bnn"ru�.�-':�-'.kr.l9''i°..u.}ii�emrcm�C:CIiW_!u'raW;�:-.�='�..k.-•-::c�rfr.:�:�::e a" o:i�r!1Si-Yi.`•'..±u�c..�.'..I!I�,iir.��.r6...Fm�ru:u:Ccr-�-u.: _?._•P„..i7.P.' .. �5 O11 CO QUINTANA I \1 ANA ��' �•-�L --gym r ma 5855.` _....i°.k.7Ys9- °i• � f. _ '-o �- 6 ' -x,-T�:c.N :f:eh"�•"f°y— � c''_3rv_,_'��r '< �r"•�c�r��er � �� . .. d!i'i r E�a.>£.?_ aeeu 14 - :... 1 1. , �ufL 1Tiu rcura f c x sGnSM t ± li ,, ter :__ �s�a ?^�9t!k E f!e . .:c?! ::.._ flniTd�r�� ., yp� .e "" � ��.._ '808 8TH STREET GREELEY CO 80631 • arm— ._ :1 "..__J?!..iS! k4!"�91 -�. Hm 1 '' � " �ia9ea_uyT�ir�l��c� 1'+? _ rora��'4! z Sf' ' Vie._. i �ra^p:yiu� p��p i e� r �-: .. ._ �s��i`-�''• r-• ��:: {rte' � .Y4.._ _°C_�c��,o' .� 5'F�r'^_il�� .� kSc tSi^4:;�,^�.S�F' 31116 �e � '�3'`"� 1970.356-6362 „_ . _ ..,._ii - - -_.t..�..r,1' r: . E"��!ye'm�lPruraiu,� j n•brtuc�u5Y�r ,.. riaVar �.,Tf-x F_r..�... fny'.,:*li'. ��' Sio�r-V,,,��-�-�_S�§'^' cu. u n u : a-3i. 3: _7"_?!��rTdi :n.vaa&-__ `��''�: ..��_�F:�•r,��r ter..��„,,�.� -sts:�(s��'mr?f�i.. _ m�:e=z .._ rsa��sa.y .��.•u�.,.+:.�.�..�.� --�•��,�` � � -.. • Qwest will provide service to your planned/proposed developement: STILLWATER ACRES 1 . _.. --^..' 4[r`==:"'1!cannolmp �,. c.u: io'ci _:; T..� :'-'_! �,�i: .w.i:..: '^"� YiI:HP'_-.`.n a r='Ye3...._._...�_.�C' 'c5-'i,, eoirc " E nfa •y, • eai:w:Tr ea..F?•i!"..i .4'.:W• amr�eio'u! 7l, -m,v+ua'_¢�?�f iafiroZ'a!_.__��: �nK o: .; . r __.. ^'i::e!S.9F�II___,c�i _ C•:1I5ati .7m :.••I"r {�p'?t?7 K'�.�.�.�c__�._icGiu • ..w+..w.o-.-:._.... G..r._,�F.'aialE"T.'u .. ......r •t•-:.. r(��.:..Scc-.f• �.:a.wr.:luh io: :curtcT.u- ..�;._r_:•PiI�, -F:.._�r':.,r.�.rlq,u �' 17 20 j SN } 67W1 6TH ,�3...._„_..,.._.v.,....,_.�_.�....r_�.�WELD — —- - - -r1�6 �3ili" ��wu�:a_.•e-,:e?3 c5=-.".'_iyl:5hiriai:�v`vSuri:n:R�I s�k:�PS2{ =� e{ort a11E eec3i��@i_.=?5��E`�-_iMul�i+liie eical"iiur� :Y:ialL u-6'.�PE�Ofl�EiRl�•i ,NNV- ii tg ,rr I s rr E LJT•.GIB ll YII{S.,Jtn�Y:_�Sr.•�•T''_.J_ RI......:. •��' IC��IEJI gat—._...:.._._1h I _•." �.__...__. �.3L. - a!a'.F�!m�r.�k..r:: �Ti _m:_ivun•ol..u�:_rte..a..r y n i.�.. ter.-i�utn raeaws....�. ...—. r: n....... ..-.,�. - Provisioning the service will be in accordance with tariffs on file at the Colorado Public Utilities Commission. I will need a final plat with measurements, easements, addresses, your phasing plan, and a trench plan before I can have this engineered. If there are any further questions, or if I can provide any assistance, please contact me. CATHY MOURHESS 303-451-3181 (LDA Coordinator) (Phone) Sincerely Poudre POUDRE VALLEY RURAL Valley E ' ELECTRIC ASSOCIATION, INC. P.O. BOX 272550 7649 REA PARKWAY FORT COLLINS, CO 80527-2550 FORT COLLINS, CO 80528 Bus. Phone 970-226-1234 FAX 970-226-2123 800-432-1012 www.pvrea.com October 6, 2003 • Pickett Engineering Inc. Attention: Chico Quintana 808 8th Street Greeley, Colorado 80631 RE: STILLWATER ACRES LOCATED IN SECTION 17, TOWNSHIP 5 NORTH, RANGE 67 WEST OF THE 6TH PM, COUNTY OF WELD, STATE OF COLORADO Chico Quintana: Poudre Valley Rural Electric Association, Inc. is ready, willing and able to serve all electrical loads within our certificated service territory subject to the Rules and Regulations of Poudre Valley Rural Electric Association. If you have any further questions, please call our office. Sincerely, Or n Engineering Representative hhp WO PICKETT ENG INC RDY ABLE LTR.doc AN EQUAL OPPORTUNITY EMPLOYER Your Touchstone Energy®Partner Xcel Energy- 1901 East Horsetooth Road Fort Collins, Colorado 80525 Ocober 02, 2003 UIV, LLC %Pickett Engineering 808 8th Street Greeley, Co. 80631 Attn: Chico Quintana Re: Request for new Natural Gas service to serve Steel Water Acres. Dear Mr. Quintana: Thank you for your request for information regarding natural gas service for the above-mentioned project. Public Service Company will provide natural gas service to this project according to the terms of our extension policies as they are on file with the Colorado PUC. We are excited to partner with you on this project to insure its successful completion. Public Service Company's corporate goals are to provide consistency in customer service in regard to Reliability, Safety, Value, and Price (RSVP). We are confident that you will find our services and experience of value to your project. The Company's rates are competitive with other utilities, and our construction is of the highest quality, insuring safe and reliable service for years to come. I will be your primary contact at PSC for this project. My normal business hours are from 7:00 am to 3:30 pm, Monday through Friday. If I am unavailable, or if your need is immediate, you may contact my Engineering Manager, Ward Scharmer, at 970-225-7840. In order that I may best serve you, please provide me with one complete set ofplans that includes the following information: 1. A recorded subdivision plat. 2. Including Utiltiy plans 3. Gas load in CFH or input BTUH. 4. Gas pressure desired (6"WC, 14"WC, or 2 PSIG). Since our engineering / construction backlog is currently around 2 months, it is important that you provide me with this information as soon as possible Sincerely, 970-225-7848 Phone 970-225-7833 FAX Len Hilderbrand 303-556-0172 Pager Design Engineer N AN PHA Agreement for Water Main Extensions This agreement,made and entered into this 15 day of ,4Y ot7'' r t,by and between LITTLE THOMPSON WATER DISTRICT,hereinafter called the"District"and (A I (/ L�n`'d7, Lb C • hereinafter called"Customer", is upon the following terms and conditions, to-wit 1. The District is organized as a special district under laws of the S tate of Colorado serving treated water within the District as may now be established, or as hereinafter established.The Customer is either a taxpaying elector within the District,or desires to receive water service and to join the District. 2. The Customer desires to obtain water service for the"property" described in this Agreement. 8. The Customer shall pay for and provide all water mains either within or without the boundaries of the District in order to provide water service to the property;but the District may construct said mains,or the District may approve construction by the Customer,or the Customer's contractor upon terms approved by the District. A. The District must approve such construction by the Customer,or the Customer's contractor by a written agreement providing for the terms of such installation, including requirements that the materials used shall meet all standards of the District and that provides for inspection by the District of the construction of such water mains.The cost of all construction shall be paid by the Customer to the District. B. A deposit in the amount hereinafter provided shall be paid by the Customer to the District as an advance towards the construction cost of the District for such installation.Al ter completion of all construction and acceptance by the District,a final adjustment of costs will be made, if necessary. In the event that it is determined that the deposit is insufficient to cover the estimated cost of construction, then the Customer shall pay to the District, on demand, additional advances towards the cost of construction. C. If the installation is constructed by the Customer,or the Customer's contractor, the Customer shall transfer all right,title and interest in and to the facilities installed as well as all easements and appurtenances and other necessary property rights to the District by good and sufficient assignment or bill of sale or general warranty deed.Such transfer shall be made free and'clear of all liens and encumbrances, and the Customer shall furnish sufficient evidence of title or a"form 100"title policy if required by the District.The Customer shall furnish mechanic's lien releases or a good and sufficient performance andpayment bond pursuant to the Colorado Mechanic's Lien Law in order to insure that all construction costs have been paid in full.All labor and materials shall be warranted for defects of any kind by Customer and Customer's contractor for one year from the date of acceptance of such facilities by the written acceptance of such facilities.The District,upon receipt of the documents of transfer and evidence of title, shall consider whether to accept or reject the installation. If the Customer has complied with this Agreement and all other conditions precedent to the acceptance of the facilities, the District shall approve and accept the transfer and shall thereafter assume operation and maintenance of the lines.In no event shall the District assume ownership,operation or maintenance of any installation on the service side of the metering installation for the property. 4. The District will provide service in accordance with its rules and regulations and line extension policies as now adopted or as may be hereafter adopted by the District The Customer shall commence payment of established rates of the District,including minimum fees,on the date of installation of a tap and water is available for use at the tap. 5. The District,pursuant to the terms of this Agreement,will only be obligated to serve the tap size shown on this Agreement. 6. The terms of this Agreement shall apply to the property described herein,and the taps hereinafter providedmay be used only upon said property.The parties hereto agree that this Agreement shall be treated as personal property and not real property. 7. The Customer shall provide the District with an accurate copy of the final plat of the property to be served by the District.If the plat must be approved by the County Commissioners,then a recorded copy of the plat with the Clerk and Recorder of the Colorado County in which the development is situated must be provided to the District. 8. Customer hereby grants to the District the right to enter upon the land of the Customer and on the property as herein described to ' construct,operate and maintain the facilities herein described,together with the full right of ingress and egress,and to cut and trim trees and shrubbery to the extent necessary.The Customer shall obtain and convey to the District all easements required by the District,and the District shall not be responsible for any delay in providing service in the event of failure to provide such easements.Furthermore,failure to provide easements required by the District will cause this Agreement to become null and void and of no further force and effect,and the Customer shall forfeit all money or rights theretofore transferred to the District. 9. The facilities herein described are required by the Customer by date hereinafter stated.In the event the District installs the facility,the District shall use reasonable diligence in providing said facilities by that date If said facilities cannot be installed because of act of God, governmental authority, action of the elements,accident,strikes,labor trouble,inability to secure materials or equipment,or any cause beyond the reasonable control of the District, the District shall not be liable therefore or for damages caused thereby. 10. In the event the District installs the facilities, the District shall install the facilities described herein in accordance with good engineering practice after the Customer has established property lines, cut streets, alleys and easements to final grade and prior to the paving of streets,and the construction of curbs and gutters.The Customer shall reimburse the District for any expense due to subsequent changes by the Customer. 11. Water service shall be provided to Customers located within the property at the District's applicable rates, and upon terms and conditions now in effect or at the rates and under the terms and conditions as may be hereaf ter be adopted by the District and upon the rules and regulations as now established or as may hereafter be established by the District.No water service may be obtained except upon property included within the boundaries of the District. Customer agrees that no other person shall be permitted to use water provided by the taps herein described 12. In the event that construction of the water mains is not completed by the Customer or the Customer's contractor on or before 2 years from the date of this Agreement, then this Agreement shall become null and void.In such event,the District may set off against the deposit herein provided for the amount of its expense and return the balance of such deposit,if any,to the Customer.Customer agrees to pay all expense incurred by the District in excess of such deposit. 1-711/12 FORM 210 • • Agreement for Water Main Extensions 13. (Delete if inapplicable.)In order to off set the cost of water to supply the property herein described,the Customer agrees to sell to the District the number of acre-foot-units of the Northern Colorado Water Conservancy District, Loveland, Colorado, water rights at the amount for each unit,hereinafter described.Customer shall not receive cash for such units transferred to the District,but the total value of such units as herein stated shall be applied to the tap price established by the District upon the date of installation of each such tap. 14. The District agrees to allow installation of the number of taps hereinafter provided within the above-described property,and each tap shall not exceed 3/4 inches.No taps will be served by the District until all of the terms and conditions of this Agreement have been fulfilled by the Customer,including transfer of the above-described water rights.The taps may not be used on any property other than that described herein without the express prior written consent of the District to such transfer.Any such transfer shall be made to property owned by the Customer, and such property, and the Customer, shall meet all rules,regulations and requirements of the District in order to achieve a requested transfer. Any right to receive a tap option or water rights credit under this Agreement, whether upon the above-described property,or at any other place shall expire and become null and void 20 years from the date of this Agreement.Customer may not encumber, mortgage or collaterally assign the taps without the prior written consent of the District thereto.In all other respects the taps or water rights credit shall be treated as personal property. 15. Because installation of certain facilities to the below described property may benefit property owned by other Customers of the District,the District may pay tap rebates to the Customer upon receipt of a fully paid tap fee from another party to serve property not included within the below described property.These tap rebates will be paid in accordance with the DistrictRules and Regulations and the Customer should familiarize themselves with this portion of the aforementioned Rules and Regulations.The parties hereto agree that refunds will be made for a period of 5 years from the date of this Agreement and that upon expiration of said 5 year period,the District shall have no further obligation to make refunds.The total amount of the tap rebates will not exceed the Customer's cost for the improvements. 16. The Customer agrees to abide by all rates established and rules and regulations of the District as now established or as mayhereafter be established by the District.District shall not be liable for any injury or damage for failure to deliver water for any reason including but not limited to war, riot, insurrection,Act of God, or breaks or failure of the water system. 17. No agent or representative of the District has the power to amend, modify,alter or waive any provisions of this Agreement. Any promises,agreements, or representations made by any agent or representative of the District not herein set forth shall be void and of no further force and effect. 18. The Customer understands and agrees that all amounts due under the terms of this Agreement, as well as all fees,rates, tolls, penalties, or charges for services, programs, or facilities furnished by the District constitute a perpetual lien on the property herein described,and that such lien may be foreclosed in the same manner as provided by the laws of the State of Colorado for the foreclosure of mechanic's liens.§32-1-1001(1)(j),C.R.S. 1973(1981 amendments).In the event Customer fails to abide by any of the terms or conditions of this Agreement, Customer agrees to pay all costs and expenses incurred by the District as a result of the breach including direct and consequential damages, loss of revenue, attorney fees, court costs, expert witness fees and other expenses. 19. This Agreement shall be binding upon and inure to the benefit of the heirs,personal representatives,successors and assigns of the parties hereto. Except as provided herein, the Customer may not assign all or any part of any interest in this Agreement to any person. IN WITNESS WHEREOF, the parties hereto have set their signatures the day a year first above written. 41-14,417THOMPSON�l i I 7 -U�STOMER By: 6fV By: C�I�Y`'�C /CkI�J i+'tr<i<vnF�G '�( Mailing Ad ess: 165 ' `^�Crt 7th Ratified byy]LTW2D Board of Directors on: Ezs/EY COgob3y/ o / I / ,3 Telephone: -J 4( 0— 1n�90 -d 7.2) CELL 1) Real Estate Description for Agreement("property"): w 1g. G .Ld 1- 5-l4.) /tl,St 17 ICIL , ,€( i e,o C-t /Wy CO 2) Amount of Deposit: $ ite/1 3) Date Customer needs facilities: 4) Number of Northern Colorado Water Conservancy District units transferred to District • 5) Price per unit of Northern Colorado Water Conservancy District water. iv/Pr . 6) Tap Size:5/8 x 3/4 inches. 7) Number of taps to be installed: . 8) Plat Provided? Yes No 9) Number of new fire hydrants- /V ILck Ile'(b. 10) Fee for hydrants: $ i✓�N , LTWD FORM 210 PL1726 6 Oversized Maps Located in Back of Original File Not Scanned Hello