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Home My WebLink About20060369.tiff MINOR SUBDIVISION ANAL PLAN APPLICATION r- FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT#/AMOUNT # /$ CASE#ASSIGNED 'j`] APPLICATION RECEIVED BY PLANNER ASSIGNED: - -y,-tn Out 724/ Parcel Number 0 7 o Jr - I 0 - 1 _ 0 0 - CI D , (12 digit number-found on Tax I.D.information,obtainable at the Weld County Assessor's Office,or www.coweld.co.us) (Include all lots being included in/lath/.ee application area,If additional space Is inquired,attach an addtional sheet) Legal Description See ltacheGfti , Section (0 , Township 7 North, Range 67 West Property Address(If Applicable) Southlvesf Coiner E ot we FY c� WoCR Of q Existing Zone District :a 4 Proposed Zone District: Total Acreage: Sr(� Proposed#/Lots/ / r '{ Average Lot Size: 8,/ Rr.' Minimum Lot Size: 6' 7 4C• Proposed Subdivision Name: Prairie lid/loW ffstafef FEE OW NER(S) OF THE PROPERTY (If additional space is required,atach an addtional sheet) Name: Charles Pre3erhaa HH �/ Work Phone#(97O) 1}90" /251 Home Phone.# 9 0 '9 - ti9�Email Address C pltcfflIQn M ' COI//AS�/IICI�$Q/6• -0/n Address: G 2 2 / City/State/Zip Code I c/ I Ili CO to cal APPLICANT OR AUTHORIZED AGENT(See Below:Authorization must a:company applications signed by Authorized Agent) Name: Jeff Couch P.E. ch TERM Enyirleenn, r i Work Phone# (9te 231 -1.1 Honyp Phone C J) 207-f 970 Email Address ;t1a cetsiC7 Q @n'Casl. Ret Address: 31161 She thy Oo five City/State/Zip Code Worth Ca /i/af . CO r05 it- 7002 UTILITIES: Water: Worth k'9�'Ci Guilty W ter- District (NWCWD) Sewer: Zndivtdual Sei(y[ 1/5/osal Srsfixs (Icos) Gas: Picpaee Electric: p•uire Or, ft/1- Phone: ahvisI i /r i / , DISTRICTS: School: Wild COffoly SC/1d0/ Pa„Iact pRI Y4 Lk/par/0y Fire: libIl Scf - 'Sir�Vance Lire /',o0 'ec lon Iliatfi Post: He t/ Colorado I(We)hereby depose and state under penalties of perjury that all statements,proposals,a nd/or plans submitted with or contained within the application are true and correct to the best of my(our)knowledge. Signatures of all fee owners of property must sign this application. If an Authorized Agent signs,a letter of authorization from all fee owners must be included with the application. If a corporation is the fee owner, notarized evidence must be included indicating the signato as e le al a ri o sign for the corporation. Or 2atr : n Agent Date Signature: Owner or Authorized Agent Date c 7 - Z/- D) a EXHIBIT 1 -10-l a2006-0369 That portion of the N 1/2 of Section 10, Township 7 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado, more particularly described as follows: Considering the East line of the NE 1/4 of Section 10, Township 7 North, Range 67 West of the 6th P.M., as monumented by a 3/4"diameter rebar with a 2 1/2" diameter aluminum cap, P.L.S. 10740 at the NE corner of said Section 10 and at the E 1/4 corner of said Section 10, to bear an assumed bearing of S 00 10'31" W with all bearings contained herein relative thereto. Beginning at the E 1/4 corner of said Section 10; thence along the East-West centerline of said Section 10 S 89 51'52" W 4605.19 feet; thence N 00 14'12" W 1615.86 feet to the approximate centerline of the Larimer County Canal; thence along said centerline the following 19 courses: S 28 34'20" E 268.20 feet; thence S 25 40'18" E 284.65 feet; thence S 30 29'27" E 167.95 feet; thence S 45 21'31" E 98.34 feet; thence S 52 02'47" E 124.51 feet; thence S 43 41'20" E 765.46 feet: thence S 56 55'26" E 68.03 feet: thence S 67 43'15" E 102.76 feet: thence S 81 25'01" E 112.08 feet: thence N 87 08'54" E 366.77 feet: thence N 83 11'58" E 211.97 feet: thence N 75 20'55" E 340.27 feet: thence N 66 19'1B" E 472.66 feet: thence N 47 23'14" E 81.91 feet: thence N 26 50'47" E 64.73 feet: thence N 01 19'09" E 77.28 feet: • thence N 17 50'37" W 98.85 feet: thence N 34 04'18" W 99.06 feet: thence N 43 59'35" W 123.71 feet to the NW corner of Recorded Exemption No. 0705-10-1-RE3175, said point being the TRUE POINT OF BEGINNING; thence continuing along said centerline the following 11 courses: N 43 59'35" W 666.87 feet; thence N 16 02'33" w 152.38 feet; thence N 28 10'30" E 220.56 feet; thence N 50 01'21" E 199.16 feet; thence N 79 27'20" E 259.53 feet: thence N 64 56'12" E 75.73 feet; thence N 51 04'32" E 66.83 feet; thence N 08 15'19" E 112.69 feet; thence N 13 22'29" W 56.11 feet; thence N 22 48'31" W 198.05 feet; thence N 16 58'07" W 284.23 feet to the North line of the NE 1/4 of said Section 10; thence along said North line N 89 57'36" E 2099.29 feet to the NE corner of said Section; thence along the East line of said NE 1/4 S 00 10'31" W 1442.13 feet to the NE corner of Subdivision Exemption No. 908; thence along the North line of said Subdivision Exemption S 85 34'21" W 354.89 feet to the NW corner of said Subdivision Exemption, said point being also the NE corner of said Recorded Exemption No. 0705-10-1-RE3175; thence along the North line of said Recorded Exemption the following 2 courses: S 85 34'21" W 64.14 feet; thence S 82 30'20" W 1656.84 feet more or less to the TRUE POINT OF BEGINNING. County of Weld, State of Colorado PRAIRIE HOLLOW ESTATES MZ-1039 MINOR SUBDMSION-FINAL PLAT April 20,2005 NARRATIVE RESPONSES SECTION 24-3-50 FINAL PLAT Items C through G C. TYPOS of Uses Nine residential estate lots will be created by this proposed subdivision. Each lot will be approximately seven (7) acres. One residential structure along with two ancillary buildings will be permitted on each lot. D. Summary of Concerns The Summary of Concerns is based on the Prairie Hollow Estates Sketch Plan Review (MK-1039) provided by staff. 1. Water Service An agreement for provision of water service has been provided by the North Weld County Water District (NWCWD). Both the Office of the State Engineer, Division of Water Resources and the Weld County Attorney's Office have provided correspondence approving this agreement. 2. Sewage Disposal Sewage disposal for this project will be provided by Individual Sewage Disposal Systems. 3. Windsor-Severance Fire Protection District. Comments from the Windsor-Severance Fire Protection District have been received. District comments have been addressed including fire hydrant separation, line sizes,emergency access,turnarounds and roadway widths. 4. Weld County School District RE-4 An agreement with the School District has been provided. r 5. US Postal Service Meetings with the Ault Post Office were completed to review the proposed project. Creation of an internal mail delivery area in the entryway area will satisfy postal needs. 6. Weld County Department of Public Works The Weld County Department of Public Works has provided written comments relating to this project. Submittal information will address these comments including County Road Impact Fees required by Ordinance 2002-11. 7. Larimer County Canal An agreement with the Ditch Company has been provided. 8. Weld County Sheriff The entryway configuration and subdivision identification sign address the concerns outlined by the Weld County Sheriffs Office. 9. Colorado Geological Survey The Colorado Geological Survey has no objection with the proposed subdivision. 10. Town of Severance Severance indicated that their review identified no conflicts with their interests. 11. Colorado Division of Wildlife According to Mr. Larry Ragstad, Division Director for the Colorado Division of Wildlife, his area supervisors will only respond to Weld County referrals if there is a Division concern. He indicated verbally that there is not a concern with this project. E. Number of Lots Nine residential lots are proposed as part of this subdivision. F. Transportation Summary Prairie Hollow Place, a 1300 foot cul-de-sac will provide access to the proposed subdivision. The street is classified as a local street and connects to Weld County Road 21. As a local street, the right-of-way will be sixty feet wide, and the four inch thick gravel roadway surface will be thirty-two feet wide. Other features will be as follows: 1. Roadside swales 2 feet deep and fourteen feet wide located on both sides of the roadway will facilitate drainage. 2. A fifty foot radius turnaround at the end of the street will provide room for buses and fire trucks to reverse direction. 3. A widened entryway will provide a landscaped median with room for an identification sign, will provide a turnout for mail delivery and will provide an additional and more convenient turnaround for school buses. A pedestrian shelter will further define the bus loading area. 4. A gravel emergency access will connect the end of the cul-de-sac to Weld County Road 84. This emergency access will be gated on both ends. 5. Because of the rural character of the subdivision, there will be no paving, no sidewalks, no curb and gutter, no valley pans, and no parking allowed along the roadway. 6. Driveways to individual lots will include culverts to facilitate runoff. G. Public Lands There are NO public lands to be used as a school site, open space or park to be dedicated as part of this subdivision. Prairie Hollow Place will be dedicated for roadway purposes, but will be maintained privately by the Homeowners Association. PRAIRIE HOLLOW ESTATES MZ-1039 MINOR SUBDIVISION-FINAL PLAT April 20,2005 NARRATIVE RESPONSES SECTION 24-340.1 FINAL PLAT Items 1 through 16 1. Compliance with Documents This project is in compliance with Chapter 23—Zoning, Chapter 24—Subdivisions and the Estate Zone District. No intergovernmental agreements or master plans are in place which affect this project. 2. Preserve Prime Agricultural Land This property has not been cultivated for over twelve years. It is not in an area considered to be prime agricultural land. 3. Water Service Water service adequate to provide flow for both domestic and fire needs will be provided by the North Weld County Water District via an eight inch water system. 4. Sewage Disposal Sewage Disposal will be provided by Individual Sewage Disposal Systems provided for each lot. Each system will be designed and constructed to meet Weld County Health Department regulations. 5. Soil Conditions Based on topographic surveys and geological evaluations completed for this subdivision, there are no soil or topographic conditions which would create a hazard or would require special precautions. 6. Street Classification Prairie Hollow Place is a 1,300 foot long cul-de-sac classified as a local street. All improvements meet the local standards outlined in Appendices 24D&24E. 7. Off-Site Roadway Improvements Off-site roadway improvements meet the requirements of adequate classification, capacity, width and structure. 8. Interior Road Maintenance The construction, maintenance, and snow removal of the interior roadway will be the responsibility of the landowner and Homeowners Association. 9. Contiguity The proposed subdivision is not contiguous to a previously recorded subdivision or unincorporated townsite. 10. On-Street Parking No on-street parking will be permitted within the subdivision. 11. Access Prairie Hollow Place will connect to Weld County Road 21 at only one location. 12. Internal Access All lots within the proposed subdivision will access only to the internal local roadway — Prairie Hollow Place. T 13. Drainage A system of swales and detention ponds will collect stormwater runoff and mitigate releases onto adjacent properties. 14. Maximum Number of Lots Nine lots will be created as pad of this proposed subdivision. 15. Service Providers Responses received to date from service providers including schools, water, electric, telephone, irrigation, fire, police, and postal indicate a willingness and capability of providing service to this subdivision. The sheriffs office qualified their response based on meeting their multi-year plan goals. 16. Wildlife, Historical and Agricultural Land Preservation Wildlife There have been no wildlife comments or concerns forwarded by the Colorado Division of Wildlife at this time. Historical Sites There are no historical sites located on this project. Agricultural Land Preservation This property has not been cultivated in twelve years. A grass ground cover has been established and some limited grazing was permitted at various times. The proposed interior roadway, houses and driveways will cover only a small portion of the site while the remaining areas will remain grasslands. The historic irrigation system including headgates and ditches will remain in place. f EASEMENT AND AGREEMENT This Easement and Agreement is between the Water Supply and Storage Company, a Colorado mutual ditch company whose current office is located at 2319 East Mulberry, Fort Collins, Colorado ("Ditch Company") and CHARLES L. MESERLIAN with a current address of 2324 PLAINS CT. FT COLLINS. CO 80521 ("Landowner"), and is upon the following terms: 1. Landowner represents that it is the owner of all of the property known as the Black Hollow Estates, the legal description of which is attached hereto as Exhibit A (the "Subdivision"). Ditch Company owns or operates a ditch, known as the Larimer County Canal (the "ditch" or the "Larimer County Canal"). The ditch runs along or near the west boundary line of the Subdivision, as approximately.shown on Exhibit A.'<There exists a roadway on the east side of the ditch. The road varies in width. The road, along its course, does not run precisely parallel to the ditch. Rather, the road (along its course through the Subdivision) is located at different distances from the ditch. This road is known as the "ditch bank road", the "ditch maintenance road", or the "road". 2. Landowner desires to obtain approval of the Ditch Company for certain matters 'required by the Weld County, Colorado, Board of County Commissioners relating to the conditional approval of the Subdivision. The Ditch Company's interests will be benefited by confirmation of the existing easement in writing and by the granting of its approval through the terms and conditions of this Easement and Agreement. Therefore the parties acknowledge that valuable consideration exists for this Easement and Agreement among the parties. 3. It is agreed that the Ditch Company has an easement for the ditch, its appurtenant facilities including the road, and the land between the ditch and the road. Landowner recognizes and confirms said ownership of ditch company. 4. Landowner hereby grants and confums to the Ditch Company an exclusive easement for the ditch, and its appurtenant facilities, including the road, together with rights of ingress and egress for Ditch Company purposes over any part of the easement, which includes the road. The easement extends from Weld County Road 84 on the north and extends in a southemly direction along and near the entire length of the west property line of the Subdivision. The width of the easement includes that portion of the ditch within the Subdivision and extends in a mostly easterly direction to the ditch bank road and continues mostly easterly either a minimum of 30 feet (30') from the top of the inside edge of the east ditch bank or to the outside (or eastern) edge of the existing ditch maintenance road, which ever is greater. Additionally, all headgates and measuring weirs which are currently located outside of the aforementioned easement are included within the easement. The easement shall be shown on the plat of the Subdivision. The easement is for the maintenance, operation, use, repair, reconstruction, replacement, inspection, construction of the ditch and ditch system of the Ditch Company, and any practice that may be required in the future to operate the ditch and ditch system for the benefit of it's stockholders, together with its appurtenant facilities and includes the right to clean by mechanical, chemical or burning the ditch and ditch system, the right to deposit earth and other materials on the easement, and the right to change the location of the ditch within the easement. 5. Landowner grants to the Ditch Company the full right and authority to cut, trim, remove, destroy, or modify any trees, shrubs, grasses, structures, fences or other items within the easement or causing a hazard within the easement. Landowner will not plant, place or maintain any trees, shrubs, grasses, structures, fences or other items within the easement, nor shall they plant, place or maintain any trees, shrubs, grasses, structures, fences or other items in such a manner as to cause harm or impede the operations of the Ditch Company within the easement. 6. Landowner represents and warrants that Landowner is, on the date of execution of this Easement and Agreement, the sole owner of the Subdivision. Landowner may have lien(s) against the Subdivision, and Landowner will obtain the written consent and acceptance of all lien holders by signature on this Easement and Agreement prior to its recording. Failure to obtain such written consent and acceptance from all such lien holders shall cause Landowner to be in default under this Easement and Agreement. 7. All earthmoving or other activities on the property undertaken by Landowner will not expose underground water to the surface or cause to increase the seepage from the ditch. 8. Landowner, and Landowner's successors and assigns, will not cause, permit or suffer any hazardous material, pollutant or other foreign material to be deposited or discharged into the Ditch Company's ditch, or the water carried in the ditch. The Landowner will immediately notify the appropriate governmental agencies and the Ditch Company of any potential or actual such deposit or discharge by any person. 9. Landowner, and Landowner's successors and assigns, hereby specifically waive all known or unknown claims, damages, rights of indemnity, rights of contribution or other rights of any kind or nature for claims, damages, actions, judgments or executions that have arisen or may arise out of the maintenance, operation or use of the Ditch Company's ditch and easement, including, but not limited to: seepage from the ditch; flooding due to overflow or breach of the Ditch Company's ditch ; washing or erosion of the ditch bank; cleaning of the ditch and easement by burning or chemical means; and excavation of the ditch and storage of residue. Landowner, and Landowner's successors and assigns, hereby agree to indemnify the Ditch Company, its directors, officers, employees and stockholders against any loss from any claims, demands or actions 2s.? that may hereafter be brought against any of them as a consequence of this Easement and Agreement or concerning any of the provisions of this Easement and Agreement. 10. In any action brought by the Ditch Company to enforce the provisions hereof, whether legal or equitable, and/or in any action involving Ditch Company and Landowner or any successor of Landowner whether to enforce the provisions of this Easement and Agreement or otherwise, the Ditch Company shall be entitled to reasonable attorneys' fees as fixed by the court. Venue for all actions shall be in Weld County District Court. 11. The provisions hereof shall be deemed independent and severable, and the invalidity or partial invalidity or unenforceability of any one provision or portion thereof shall not affect the validity or enforceability of any other provision hereof. 12. The terms, covenants, and conditions herein contained shall be binding upon and inure to the benefit of the successors and assigns of Landowner, the Ditch Company, and each of them. The provisions hereof shall constitute covenants running with the land, burdening and benefiting each and every part of the properties and every interest therein. In addition, the provisions hereof shall be enforceable in equity as equitable servitudes upon the land and as covenants in an agreement between owners. This Easement and Agreement affects the property and title of the Subdivision, and this Easement and Agreement shall be immediately recorded in the real property records of Weld County, Colorado at the expense of Landowner, and after recording, the terms, conditions and covenants of this Easement and Agreement shall become a covenant running with the land of the Subdivision. This Easement and Agreement shall constitute a benefit and burden on the Subdivision and this Easement and Agreement shall be enforceable by the Ditch Company or any of its shareholders, or both the Ditch Company and any of its shareholders. 13. The provisions hereof shall be liberally construed to effectuate their purpose of creating a uniform plan for the development and operation of the Subdivision. Failure to enforce any provision hereof shall not constitute a waiver of the right to enforce said provision or any other provision hereof. Whenever used in this Easement and Agreement, the singular shall include the plural, the plural the singular, and the use of any gender shall include all genders. This Easement and Agreement shall be construed under the laws of the State of Colorado. 14. Landowner (and Landowner's successors and assigns) agrees to the following, and the following notes shall be inserted by the Landowner onto the Subdivision plat: A. The property is directly below the Larimer County Canal of the Water Supply and Storage Company and maybe subject to underground water levels that may restrict the proposed new use of the property. B. The Ditch Company has the authority to cut and remove trees within its easement and it is acknowledged by the owners of the property in the Subdivision that the Ditch Company may at any appropriate time, remove any and all such trees on the property. The owners of the property in the Subdivision acknowledge that the property owners and successor owners may not plant or otherwise landscape the ditch easement. The Ditch Company also has the authority to install and maintain a road along the ditch bank for its purpose. C. The property owners may not place any fence within the easement, and particularly across the easement; but the property owners shall install a chain link type fence with a minimum height of 5 feet on the boundary of the easement and run parallel to the Ditch Company's easement the entire length of the subdivision. The property owners will properly maintain this fence at all times. No gates will be allowed in this fence without the prior written approval of the Ditch Company. Any fences approved by the Ditch Company along the ditch easement must be stock- proof to prevent damage by humans and livestock and other sources to the ditch. Permanent "No Trespassing" signs must be placed on the fence facing the subdivision. D. The property owners acknowledge and understand that there maybe subsurface waters that arise in the area of this development and that there maybe periods of time when, due to water flowing within the ditch system and otherwise, that portions of the property receive significant amounts of subsurface water that maybe very near to the surface, or resides on the surface. Due to this problem, the utility of certain portions of the property for construction of structures could potentially be unavailable. The Ditch Company has no obligation or plans to alter its operations to limit or reduce this surface and subsurface water. E. The property owners acknowledge that except as specifically authorized by Ditch Company: 1) No hunting, swimming, tubing, jetsking, boating, canoeing, livestock grazing or watering, or other use of the easement, ditch or water in the ditch is allowed ; 2) 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 is allowed; 3) No pumps for lawn or other irrigation are allowed in the ditch; 4) No use of the ditch easement for hiking, biking, horseback, motorcycle, off road vehicles or other motorized or non-motorized vehicle shall be allowed. F. No crossings of the ditch are permitted without the prior written consent of the Ditch Company and compliance with the rules, regulations and requirements of the Ditch Company. IN WITNESS WHEREOF, the prties hereto have executed thisEasement and Agreement this g day of (A-4./.., , 200 The Water Supply and Storage Company, a Colorado mutual ditch company: By: &,e -e) resident Attest: 41i2,/, '(y Landowner: STATE OF COLORADO ) ) ss. COUNTY OF LARIMER ) The foregoing instrument was acknowledged before me the 44 day of�GbEuew. 200 ' , b WITNESS my hand and official seal. �GCJ 900Z/17020 saiidx3 uoissiwwo3 An r/ I , .Ai .i/_ . a OCVEIOIOO 3O 3.Lvjs Notary Public �f�G Oilefld AEIVION My commission expires: al eV 000 4 VN3H1t1W 'S YIOIaLyj STATE OF COLORADO ) ) ss. COUNTY OF LARIMER ) The foregoing instrument was acknowledged before me the GIL' day of , 2000, by Fred Walker as president and Dana Parker as secretary of e Water Supply and Storage Company, a Colorado mutual ditch company. WITNESS my hand and official seal. fAS. Mne......„........7".."..eniNOTARY ATHENA to c / PUBLI ot ary Public COLORA My commission expires: O Alhoo(° My Commission Expires 02/04/2006 5 n ( A LEGAL DESCRIPTION (continued) File No. LVS 189128 Parcel 3 : That portion of the N 1/2 of Section 10, Township 7 North, Range 67 West of the 6th P.M. , County of Weld, State of Colorado, more particularly described as follows : Considering the East line of the NE 1/4 of Section 10, Township 7 North, Range 67 West of the 6th P.M. , as monumented by a 3/4" diameter rebar with a 2 1/2" diameter aluminum cap, P.L.S. 10740 at the NE corner of said Section 10 and at the E 1/4 corner of said Section 10, to bear an assumed bearing of S 00°10' 31" W with all bearings contained herein relative thereto. Beginning at the E 1/4 corner of said Section 10; thence along the East-West centerline of said Section 10 S 89°51'52" W 4605.19 feet; thence N 00°14' 12" W 1615 .86 feet to the approximate centerline of the Larimer County Canal; thence along said centerline the following 19 courses: S 28°34' 20" E 268.20 feet; thence S 25°40' 18" E 284.65 feet; thence S 30°29'27" E 167.95 feet; thence S 45°21' 31" E 98 .34 feet; thence S 52°02'47" E 124.51 feet; thence S 43°41'20" E 165.46 feet: thence S 56°55'26" E 68 .03 feet: thence S 67°43' 15" E 102.76 feet: thence S 81°25' 01" E .112.08 feet: thence N 87°08'54" E 366 .77 feet: thence N 83°11' 58" E 211 .97 feet: thence N 75°20'55" E 340.27 feet: thence N 66°19' 18" E 472.66 feet: thence N 47°23' 14" E 81.91 feet: thenceN 26°50'47" E 64 .73 feet: thence N 01°19' 09" E 77.28 feet: thence N 17°50' 37" W 98 .85 feet: thence N 34°04' 18" W 99.06 feet: thence N 43°59'35" W 123 .71 feet to the NW corner of Recorded Exemption No. 0705-10-1-RE3175, said point being the TRUE POINT OF BEGINNING; thence continuing along said centerline the following 11 courses : N 43°59' 35" W 666 .87 feet; thence N 16°02'33" W 152 .38 feet; thence N 28°10' 30" E 220 .56 feet; thence N 50°01'21" E 199.16 feet; thence N 79°27' 20" E 259 .53 feet; (continued) OWNERS SCHEDULE A File No. LVS 189128 Total Fee for Title Search, Examination and Title Insurance: $879. 00 Amount of Insurance: $246, 000. 00 Policy No. 50-167239 Date of Policy: March 22, 2003 at 7:30 a.m. 1. Name of Insured: Charles L. Meserlian 2. The estate or interest in the land which is covered by this Policy is: Fee Simple 3. Title to the estate or interest in the land is vested in: Charles L. Meserlian 4. The land referred to in this Policy is described as follows: (continued) SCHEDULE A This Policy valid only if Schedule B is attached LEGAL DESCRIPTION (continued) File No. LVS 189128 thence N 64°56' 12" E 75.73 feet; thence N 51°04'32" E 66.83 feet; thence N 08°15' 19" E 112.69 feet; thence N 13°22'29" W 56 .11 feet; thence N 22°48' 31" W 198 .05 feet; thence N 16°58' 07" W 284 .23 feet to the North line of the NE 1/4 of said Section 10; thence along said North line N 89°57' 36" E 2099.29 feet to the NE corner of said Section; thence along the East line of said NE 1/4 S 00°10' 31" W 1442 . 13 feet to the NE corner of Subdivision Exemption No. 908; thence along the North line of said Subdivision Exemption S 85°34'21" W 354.89 feet to the NW corner of said Subdivision Exemption, said point being also the NE corner of said Recorded Exemption No. 0705-10-1-RE3175; thence along the North line of said Recorded Exemption the following 2 courses: S 85°34'21" W 64.14 feet; thence S 82°30'20" W 1656.84 feet more or less to the TRUE POINT OF ,BEGINNING. 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LLvr ;%' i .1 \ h Amp.WELD COUNTY ROAD 21 — g MI r -P a I i GURUS INEaewAK �j a $€01 a e J i SC9/M BLACK HOLLOW ESTATES WI {t {` 4 OVERALL Ullllh'PLAN X35 fl 'I1 H AGREEMENT FOR IMPROVEMENTS FOR WCR 2I ROAD STABILIZATION for Dust Control THIS AGREEMENT i made and, entered into this 27 day of 4 id , ;he year 200E by and between CA Wit; Mfa!b a'i, developer of /Ya/,r/r" w ste �J hereinafter referred to as "Developer", with an address 23 ZY Nod CO4'• Ref (wits/bs , Weld County Colorado, and the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, Colorado, hereinafter referred to as "County," with offices located at 915 - 10th Street, Greeley, Colorado 80631. WITNESSETH: WIJEREA$, the Developer has obtained approval for a Subdivision Final Plat for 9 lots for km74 flak L qIIA�h , hereinafter referred to as the "Development," and WHEREAS, WCR 21 from WCR Sy to WCR Si, hereinafter referred to as 'the Road", will need ROAD STABILIZATION for dust control, in part, due to the increased traffic generated by the Development, a distance of approximately I - mile, and WHEREAS, WCR 21 abuts a portion of p(dll a rIaa/Ott Effa/ll , 9 of the lots will need WCR 2) for access to the Development, and WHEREAS, /tire! //v/luz✓Esbit , requires kW-feet of WCR ZI and will constitute - percent of the participation for the Road, and WHEREAS, the proportional costs of STABILIZATION for the Road attributable to the traffic generated by the lots in the Development using the Road, is estimated to be $ per lot. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follow: 1. TERM A. The term of this Agreement shall be from the date first written above to the completion of STABILIZING the Road and final accounting by County and payment of all land development charges by the Developer for the _lots accessing the Road, or five years if WRC is not STABILIZED. 2. OBLIGATIONS OF THE COUNTY A. Weld County shall STABILIZE the road, within years of the date first written above, the Road at a current estimated cost of $60.000. The stabilization improvements are anticipated to be for two 13-foot travel lanes designed in accordance with generally accepted engineering c—DeW.r_,...,..,_M—.n ,_.....,_.. —..—o?s.._... Page 1 of 5 practices but the actual design shall be at the discretion of Weld County. B. Design, construction, and maintenance of this portion of Road shall be the responsibility by the County. C. County or Developer must STABILIZE the roads within five years of the date first written above or forfeit all rights to land development charges, which are the obligation of the Developer whether already in escrow or remaining to be paid. D. Weld County shall perform a final accounting once STABILIZATION is complete and may collect from the escrow account (or from the developer if the amount in the escrow is insufficient to satisfy developers obligation) up to percent of the total cost of STABILIZING WCR . If additional traffic is generated prior to STABILIZING WCR , such that the percentage of traffic generated by the development is less than percent, the County shall adjust the percentage charged to the developer proportionately. Any amount which must be collected from the developer, which is not paid within 45 days of final accounting, shall assessed interest in the amount of 8 percent per annum. 3. OBLIGATION OF THE DEVELOPER A. Developer agrees to pay the amount of$ per each lot accessing the Road. The actual amount shall be determined in accordance with paragraph 2.D. B. The Developer agrees to escrow monies as follows at the sale of the first lot$ , at the sale of the second lot $ , at the sale of the third lot $ , at the sale of the fourth lot $ , at the sale of the fifth lot $ , at the sale of the sixth lot $ , at the sale of the seventh lot $ , at the sale of the eighth lot $ , at the sale of the ninth lot $ . The escrow account shall be set up according to paragraph 4 herein. C. The Developer shall not be released from this obligation unless County does not STABILIZE the road within the time frame set forth in paragraph 2.C. herein. In no event shall Developer's obligation under this Agreement exceed $ subject to adjustment to a higher or lower figure from the first quarter of 2003 to the year and quarter in which the contemplated work is being performed based on "The State Highway Bid Price index contained in the "Quarterly Cost report" of The Engineering News-Record as published by The McGraw-Hill Companies. 4. ESCROW AGREEMENT, the terms of which will be subject to review by the County that provides at least the following: c,WmmW. -W.>1.....,er....1dna,Z.oE.>a_.,.o..,..._Avows. wwwii.s Page 2 of 5 A. The cash in escrow when fully funded is $ B. The escrow agent guarantees that the escrowed funds will be disbursed according to the terms of this agreement and will not release any portion of the funds without prior written approval of the Weld County Board of County Commissioners. 5. SEVERABILITY If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable, this Agreement shall be construed and enforced without such provision to the extent that this Agreement is then capable of execution within the original intent of the parties hereto. 6. NO THIRD PARTY BENEFICIARY ENFORCEMENT. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties receiving services of benefits under this Agreement shall be an incidental beneficiary only. 7. MODIFICATION AND BREACH This Agreement contains the entire agreement and understanding between the parties to this Agreement and supersedes any other agreements concerning the subject matter of this transaction, whether oral or written. No modification, amendment, notation, renewal, or other alteration of or to this Agreement shall be deemed valid or of any force or effect whatsoever, unless mutually agreed upon in writing by the undersigned parties. No Breach of any term, provisions, or clause of this Agreement shall be deemed waived or excused, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. Any consent by any party hereto, or waiver of, a breach by any other party, whether express or implied, shall not constitute a consent to waiver of, or excuse for any other different or subsequent breach. 8. NO WARRANTY. Neither County nor Developer, by virtue of their entering into this Agreement and upon their promises to perform the work described herein, make warranties, either express or implied, that the improvement work and/or maintenance of these roads meet standards other than those generally required for counties and cities of the size and type similar to County. Page 3 of 5 9. BINDING This agreement shall be binding on the heirs, successors, and assigns of the parties. IN WITNESS WHEREOF the parties hereto have signed this Agreement this day of , 2003. BY: Developer ATTEST: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Chair, BY: Weld County Clerk to the Board Deputy Clerk to the Board APPROVED AS TO FORM: County Attorney Page 4 of 5 Page 5 of 5 I --, Cost Estimating for Offsite Improvements Agreement 21-Aug-2003 PAS Weld County Road 80 stabilization for one-mile between CR 27 &CR 29. Weld County Public Works Dept. Two 13-foot lanes=26-feet. one-mile estimate one-mile 75% Material Quantity Units Cost per Unit Total Cost Percent Cost Street Grading 2,542 yd^3 $2.50 yd^3 $6,355.00 $4,766.25 Street Base (Class 6) 2,542 yd^3 $15.00 yd^3 $38,130.00 $28,597.50 Chemical Stabilization 15,253 yd^2 $0.80 yd^2 $12,202.40 $9,151.80 (DC2000) Engineering & Supervision Costs (fixed) $1,200 $1,200.00 Grand Total = I $57,887.40] $43,715.551 =%Total Estimate of Quantities I Material Length Width Depth Area Area Volume Volume Weight feet feet feet ft^2 yd^2 ft^3 yd^3 ton Street Grading 5,280 26 0.5 - - 68,640 2,542 - Class 6 5,280 26 0.5 - - 68,640 2,542 - Chemical 5,280 26 - 137,280 15,253 - - - Percentage of the Section Mile I Applicant Part.(ft.t Total (ft.1 Percentage Participation 3,960 5,280 75% J Page 5 of 5 IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS (PRIVATE ROAD MAINTENANCE) f n THIS AGREEMENT,made and entered into this Lr day of /II ,20 OS,by and between the County of Weld, State of Cqlorado, acting through its Boar of County Commissioners, hereinafter called"County,@ and Ch WI eS Mi51.1Itt 1 hereinafter called"Applicant." WITNESSETH: WHEREAS, Applicant is the owner of, or has a controlling interest in the following described property in the County of Weld, Colorado: Ste NpthW WHEREAS,a Fitwl ubdivisio tanned Unit Development(PUD)plat of said property,to be known as I falli Pi ow Fs TA TYJ has been submitted to the County for approval, and WHEREAS, relevant Sections of the Weld County Code provide that no Subdivision Final Plat, Planned Unit Development Final Plat, or Site Plan shall be approved by the County until the Applicant has submitted a Subdivision Improvement Agreement guaranteeing the construction of the public improvements shown on plans, plats and supporting documents of the Subdivision Final Plat, Planned Unit Development Final Plat,or Site Plan,which improvements,along with a time schedule for completion,are listed in Exhibits AA@ and AB@ of this Agreement. NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the acceptance and approval of said Final Plat, the parties hereto promise, covenant and agree as follows: 1.0 Engineering Services: Applicant shall furnish,at its own expense,all engineering services in connection with the design and construction of the Subdivision or Planned Unit Development improvements listed on Exhibit AA,@ which is attached hereto and incorporated herein by reference. 1.1 The required engineering services shall be performed by a Professional Engineer and Land Surveyor registered in the State of Colorado,and shall conform to the standards and criteria established by the County for public improvements. 1.2 The required engineering services shall consist of, but not be limited to, surveys, designs,plans and profiles,estimates,construction supervision,and the submission of necessary documents to the County. 1 Revised 03/09/2004 CADOCUMENTS AND SETTINGS\PSCHEI\DESKTOP\PRIVATE IMPROVEMENTS ACREEMENT.DOC 1.3 Applicant shall furnish drawings and cost estimates for roads within the Subdivision or Planned Unit Development to the County for approval prior to the letting of any construction contract. Applicant shall furnish one set of reproducible "as-built" drawings and a final statement of construction cost to the County. 2.0 Rights-of-Way and Easements: Before commencing the construction of any improvements herein agreed upon,Applicant shall acquire,at its own expense,good and sufficient rights-of- way and easements on all lands and facilities traversed by the proposed improvements. 3.0 Construction: Applicant shall furnish and install, at its own expense, the Subdivision or Planned Unit Development improvements listed on Exhibit AA,@ which is attached hereto and incorporated herein by reference,according to the construction schedule set out in Exhibit AB@ which is also attached hereto and incorporated herein by reference. 3.1 Said construction shall be in strict conformance to the plans and drawings approved by the County and the specifications adopted by the County for such public improvements. Whenever a Subdivision or Planned Unit Development is proposed within three miles of an incorporated community located in Weld County or located in any adjacent county, the Applicant shall be required to install improvements in accordance with the requirements and standards that would exist if the plat were developed within the corporate limits of that community. If the incorporated community has not adopted such requirements and standards at the time the Subdivision or Planned Unit Development is proposed, the requirements and standards of the County shall be adhered to. If both the incorporated community and the County have requirements and standards,those requirements and standards that are more restrictive shall apply. 3.2 Applicant shall employ, at its own expense, a qualified testing company previously approved by the County to perform all testing of materials or construction that is required by the County; and shall furnish copies of test results to the County. 3.3 At all times during said construction, the County shall have the right to test and inspect, or to require testing and inspection of material and work at Applicant's expense. Any material or work not conforming to the approved plans and specifications shall be removed and replaced to the satisfaction of the County at Applicant's expense. 3.4 Applicant shall furnish proof that proper arrangements have been made for the installation of sanitary sewer or septic systems, water, gas, electric and telephone services. 3.5 Said Subdivision or Planned Unit Development improvements shall be completed, according to the terms of this Agreement,within the construction schedule appearing in Exhibit AB.@ The Board of County Commissioners, at its option,may grant an extension of the time of completion shown on Exhibit AB@ upon application by the Applicant subject to the terms of Section 6 herein. 2 Revised 03/09/2004 CADOCUMENTS AND SETTINGS\PSCHEI\DESKTOP\PRIVATE IMPROVEMENTS AGREEMENT.DOC 4.0 Release of Liability: Applicant shall indemnify and hold harmless the County from any and all liability loss and damage County may suffer as a result of all suits, actions or claims of every nature and description caused by, arising from, or on account of said design and construction of improvements,and pay any and all judgments rendered against the County on account of any such suit,action or claim,together with all reasonable expenses and attorney fees incurred by County in defending such suit, action or claim whether the liability, loss or damage is caused by, or arises out of the negligence of the County or its officers, agents, employees,or otherwise except for the liability,loss,or damage arising from the intentional torts or the gross negligence of the County or its employees while acting within the scope of their employment. All contractors and other employees engaged in construction of the improvements shall maintain adequate worker's compensation insurance and public liability insurance coverage,and shall operate in strict accordance with the laws and regulations of the State of Colorado governing occupational safety and health. (THERE IS NO SECTION 5) 6.0 Approval of Streets by the County: Upon compliance with the following procedures by the Applicant,streets within a Subdivision or Planned Unit Development may be approved by the County as public roads and will be maintained and repaired by a Homeowners Association or, in its absence,the owners of lots within the Subdivision or Planned Unit Development. 6.1 If desired by the County,portions of street improvements may be placed in service when completed according to the schedule shown on Exhibit AB,@ but such use and operation shall not constitute an approval of said portions. 6.2 County may, at its option,issue building permits for construction on lots for which street improvements detailed herein have been started but not completed as shown on Exhibit AB,@ and may continue to issue building permits so long as the progress of work on the Subdivision or Planned Unit Development improvements in that phase of the development is satisfactory to the County; and all terms of this Agreement have been faithfully kept by Applicant. 6.3 Upon completion of the construction of streets within a Subdivision or Planned Unit Development and the filing of a Statement of Substantial Compliance, the applicant(s)may request in writing that the County Engineer inspect its streets and recommend that the Board of County Commissioners partially approve them. Not sooner than nine months after partial approval, the County Engineer shall, upon request by the applicant,inspect the subject streets,and notify the applicant(s)of any deficiencies. The County Engineer shall reinspect the streets after notification from the applicant(s) that any deficiencies have been corrected. If the County Engineer finds that the streets are constructed according to County standards,he or she shall recommend full approval. Upon a receipt of a positive unqualified recommendation from the County Engineer for approval of streets within the development,the Board of County Commissioners shall fully approve said streets as public but with private pay. 3 Revised 03/09/2004 CADOCUMENTS AND SETTINGS\PSCHEI\DESKTOP\PRIVATE IMPROVEMENTS AGREEMENT.DOC 7.0 General Requirements for Collateral: 7.1 The value of all collateral submitted to Weld County must be equivalent to One- Hundred percent (100%) of the value of the improvements as shown in this Agreement. Prior to Final Plat approval,the applicant shall indicate which of the five types of collateral preferred to be utilized to secure the improvements subject to final approval by the Board of County Commissioners and the execution of this Agreement. Acceptable collateral shall be submitted and the plat recorded within six (6)months of the Final Plat approval. If acceptable collateral has not been submitted within six(6)months then the Final Plat approval and all preliminary approvals shall automatically expire. Applicant may request that the County extend the Final Plat approval provided the cost estimates are updated and the development plans are revised to comply with all current County standards,policies and regulations. The improvements shall be completed within one(1)year after the Final Plat approval (not one year after acceptable collateral is submitted) unless the applicant(s) requests that this Agreement be renewed at least thirty (30) days prior to its expiration and further provides that cost estimates for the remaining improvements are updated and collateral is provided in the amount of One-Hundred percent (100%) of the value of the improvements remaining to be completed. If improvements are not completed and the agreement not renewed within these time frames, the County, at its discretion, may make demand on all or a portion of the collateral and take steps to see that the improvements are made. 7.2 The applicant may choose to provide for a phased development by means of designating filings of a Planned Unit Development Final Plat or Subdivision Final Plat. The applicant would need only to provide collateral for the improvements in each filing as approved. The County will place restrictions on those portions of the property that are not covered by collateral which will prohibit the conveyance of the property or the issuance of building permits until collateral is provided or until improvements are in place and approved pursuant to the requirements for a Request for Release of Collateral. 7.3 The applicant intends to develop in accordance with Exhibits AA@ and AB.@ 8.0 Improvements Guarantee: The five types of collateral listed below are acceptable to Weld County subject to final approval by the Board of County Commissioners. 8.1 An irrevocable Letter of Credit from a Federal or State licensed financial institution on a form approved by Weld County. The Letter of Credit shall state at least the following: 8.1.1 The Letter of Credit shall be in an amount equivalent of One-Hundred percent(100%)of the total value of the improvements as set forth in Section 6.0 and Exhibits AA@ and AB.@ 8.1.2 The Letter of Credit shall provide for payment upon demand to Weld County if the developer has not performed the obligations specified in the Improvements Agreement and the issuer has been notified of such default. 4 Revised 03!09/2004 C:\DOCUMENTS AND SETTINGS\PSCHERDESKTOP\PRIVATE IMPROVEMENTS AGREEMENT.DOC 8.1.3 The applicant may draw from the Letter of Credit in accordance with the provisions of this policy. 8.1.4 The issuer of the Letter of Credit shall guarantee that, at all times the unreleased portion of the Letter of Credit shall be equal to a minimum of One-Hundred percent (100%) of the estimated costs of completing the uncompleted portions of the required improvements,based on inspections of the development by the issuer. In no case shall disbursement for a general improvement item exceed the cost estimate in the Improvements Agreement (i.e., streets, sewers,water mains and landscaping, etc.). The issuer of the Letter of Credit will sign the Improvements Agreement acknowledging the agreement and its cost estimates. 8.1.5 The Letter of Credit shall specify that fifteen percent (15%) of the total Letter of Credit amount cannot be drawn upon and will remain available to Weld County until released by Weld County. 8.1.6 The Letter of Credit shall specify that the date of proposed expiration of the Letter of Credit shall be either the date of release by Weld County of the final fifteen percent(15%),or one year from the date of Final Plat approval, whichever occurs first. Said letter shall stipulate that, in any event, the Letter of Credit shall remain in full force and effect until after the Board has received sixty(60)days written notice from the issuer of the Letter of Credit of the pending expiration. Said notice shall be sent by certified mail to the Clerk to the Board of County Commissioners. 8.2 Trust Deed upon all or some of the proposed development or other property acceptable to the Board of County Commissioners provided that the following are submitted: 8.2.1 In the event property within the proposed development is used as collateral, an appraisal is required of the property in the proposed development by a disinterested Member of the American Institute of Real Estate Appraisers (M.A.I.)indicating that the value of the property encumbered in its current degree of development is sufficient to cover One-Hundred percent(100%)of the cost of the improvements as set forth in the Improvements Agreement plus all costs of sale of the property. 8.2.2 In the event property other than the property to be developed has been accepted as collateral by Weld County, then an appraisal is required of the property by a Member of the Institute of Real Estate Appraisers (M.A.I.) indicating that the value of the property encumbered in its current state of development is sufficient to cover One-Hundred percent(100%)of the cost of the improvements as set forth in the Improvements Agreement plus all costs of sale of the property. 8.2.3 A title insurance policy insuring that the Trust Deed creates a valid encumbrance which is senior to all other liens and encumbrances. 8.2.4 A building permit hold shall be placed on the encumbered property. 5 Revised 03/09/2004 C:\DOCUMENTS AND SETTINGS\PSCHEI\DESKTOP\PRIVATE IMPROVEMENTS AGREEMENT.DOC 8.3 Escrow Agreement that provides at least the following: 8.3.1 The cash in escrow is at least equal to One-Hundred percent(100%)of the amount specified in the Improvements Agreement. 8.3.2 The escrow agent guarantees that the escrowed funds will be used for improvements as specified in the agreement and for no other purpose and will not release any portion of such funds without prior approval of the Weld County Board of Commissioners. 8.3.3 The escrow agent will be a Federal or state-licensed bank or financial institution. 8.3.4 If Weld County determines there is a default of the Improvements Agreement,the escrow agent,upon request by the County,shall release any remaining escrowed funds to the County. 8.4 A surety bond given by a corporate surety authorized to do business in the State of Colorado in an amount equivalent to One-Hundred percent(100%)of the value of the improvements as specified in the Improvements Agreement. 8.5 A cash deposit made with the County equivalent to One-Hundred percent(100%)of the value of the improvements. 9.0 Request for Release of Collateral: Prior to release of collateral for the entire project or for a portion of the project by Weld County,the Applicant must present a Statement of Substantial Compliance from an Engineer registered in Colorado that the project or a portion of the project has been completed in substantial compliance with approved plans and specifications documenting the following: 9.1 The Engineer or his representative has made regular on-site inspections during the course of construction and the construction plans utilized are the same as those approved by Weld County. 9.2 Test results must be submitted for all phases of this project as per Colorado Department of Transportation Schedule for minimum materials sampling,testing and inspections found in the Colorado Department of Transportation(CDOT)Materials Manual. 9.3 "As built" plans shall be submitted at the time the letter requesting release of collateral is submitted. The Engineer shall certify that the project "as-built" is in substantial compliance with the plans and specifications as approved, or that any material deviations have received prior approval from the County Engineer. 9.4 The Statements of Substantial Compliance must be accompanied,if appropriate,by a letter of acceptance of maintenance and responsibility by the appropriate utility company, special district or town for any utilities. 6 Revised 03/09/2004 C:\DOCUMENTS AND SETTINGS\PSCHERDESKTOP\PRIVATE IMPROVEMENTS AGREEMENT.DOC 9.5 A letter must be submitted from the appropriate Fire Authority indicating the fire hydrants are in place in accordance with the approved plans. The letter shall indicate if the fire hydrants are operational and state the results of fire flow tests. 9.6 The requirements in paragraphs 9.0 thru 9.5 shall be noted on the final construction plans. 9.7 Following the submittal of the Statement of Substantial Compliance and recommendation of approval of the streets by the County, the applicant(s) may request release of the collateral for the project or portion of the project by the Board. This action will be taken at a regularly scheduled public meeting of the Board. 9.8 The request for release of collateral shall be accompanied by"Warranty Collateral"in the amount of fifteen percent(15%)of the value of the improvements as shown in this Agreement excluding improvements fully accepted for maintenance by the responsible governmental entity, special district or utility company. 9.9 The warranty collateral shall be released to the applicant upon final approval by the Board of County Commissioners. 10.0 Public Sites and Open Spaces: When the Board of County Commissioners, pursuant to a rezoning, Subdivision or Planned Unit Development,requires the dedication,development and/or reservation of areas or sites other than Subdivision or Planned Unit Development streets and utility easements of a character, extent and location suitable for public use for parks, greenbelts or schools, said actions shall be secured in accordance with one of the following alternatives, or as specified in the Planned Unit Development(PUD)Plan,if any: 10.1 The required acreage as may be determined according to the Weld County Subdivision Regulations shall be dedicated to the County or the appropriate school district,for one of the above purposes. Any area so dedicated shall be maintained by the County or school district. 10.2 The required acreage as determined according to Chapter 24 of the Weld County Code, may be reserved through deed restrictions as open area, the maintenance of which shall be a specific obligation in the deed of each lot within the Subdivision or Planned Unit Development. 10.3 In lieu of land,the County may require a payment to the County in an amount equal to the market value at the time of Final Plat submission of the required acreage as determined according to Chapter 24 of the Weld County Code. Such value shall be determined by a competent land appraiser chosen jointly by the Board and the Applicant. The cash collected shall be deposited in an escrow account to be expended for parks at a later date. 11.0 Successors and Assigns: This Agreement shall be binding upon the heirs,executors,personal representatives,successors and assigns of the Applicant,and upon recording by the County, shall be deemed a covenant running with the land herein described,and shall be binding upon the successors in ownership of said land. 7 Revised 03/09/2004 CADOCUMENTS AND SETTINGS\PSCHEI\DESKTOP\PRIVATE IMPROVEMENTS AGREEMENT.DOC IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed on the day and year first above written. APPLICANT: APPLICANT: TITLE: Subscribed and sworn to before me this day of , 20 . My Commission expires: Notary Public ATTEST: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Weld County Clerk to the Board ,Chair BY: Deputy Clerk to the Board APPROVED AS TO FORM: County Attorney 8 Revised 03/09/2004 C:\DOCUMENTS AND SETTINGS\PSCHEI\DESKTOP\PRIVATE IMPROVEMENTS AGREEMENT.DOC EXHIBIT AA® Name of Subdivision - f r ; or Planned Unit Development: 1'!'A1 i'!e &flaw E514 Eli Filing: Location: NE /c Sec l0 T781 i6lk/ Intending to be legally bound,the undersigned Applicant hereby agrees to provide throughout this Subdivision or Planned Unit Development the following improvements. (Leave spaces blank where they do not apply) Improvements Ouantity Units Unit Estimated Costs Construction Cost Site grading j.$ 1 ft ea Street grading Street base T"ady 6.d0 lit m-00 Street paving Curbs,gutters,and culverts Sidewalk Storm sewer facilities `,3 S' files Retention ponds Ditch Improvements LS 2 900,01 Subsurface drainage Sanitary sewers Trunk and forced lines Mains Laterals(house connected) On-site sewage facilities On-site water supply and storage Water Mains(includes bore) 1`1C l„f 20.80 32 00Q tit Fire hydrants 2 �q tire 00 5�000 cl0 Survey and street monuments and boxes Street lighting Street Names Fencing requirements Landscaping L•S .1 fill X Park improvements Road culvert ir t-f 30.99 t,000.-a Grass lined swale Telephone ) 5 f1O90.8r Gas Lv 5- 2r OVU-9O Electric LAS, 2i,600 0B Water transfer - SUB-TOTAL: Engineering and Supervision Costs$ S 099•110 (Testing, inspection, as-built plans and work in addition to preliminary and final plat; supervision of actual construction by contractors) TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $ P/4190 (P0 9 Revised 03/09/2004 C:\DOCUMENTS AND SETTINGS\PSCHEI\DESKTOP\PRIVATE IMPROVEMENTS AGREEMENT.DOC The above improvements shall be constructed in accordance with all County requirements and specifications, and conformance with this provision shall be determined solely by Weld County,or its duly authorized agent. Said improvements shall be completed according to the construction schedule set out in Exhibit AB.@ By: Applicant Applicant Date: , 20 Title (If corporation,to be signed by President and attested to by Secretary, together with corporate seal.) 10 Revised 03/09/2004 C:\DOCUMENTS AND SETTINGS\PSCHEI\DESKTOP\PRIVATE IMPROVEMENTS AGREEMENT.DOC EXHIBIT AB® Name of Subdivision Ij r10 or Planned Unit Development: Pau fie 1w/IOtU/ /-O �R Filing: �( Sec. D /7 Location: NE r+( S 1(9 R 0/T/ ' W Intending to be legally bound,the undersigned Applicant hereby agrees to provide throughout this Subdivision or Planned Unit Development the following improvements. All improvements shall be completed within / years from the date of approval of the final plat. Construction of the improvements listed in Exhibit AA@ shall be completed as follows: (Leave spaces blank where they do not apply.) Improvements Time for Completion Site grading Street base 3 tfti Street paving Curbs, gutters, and culverts Sidewalk Storm sewer facilities Retention ponds Ditch improvements Subsurface drainage Sanitary sewers Trunk and forced lines Mains Laterals(house connected) On-site sewage facilities On-site water supply and storage Water mains 2 ftp Fire hydrants 1 Mc Survey and street monuments and boxes Street lighting Street name signs Fencing requirements Landscaping Z/1a Park improvements Road culvert 1 Grass lined swale I 14 Telephone a.1(0 Gas i 64p Electric z el° Water Transfer �I yJ SUB-TOTAL: jcl rn 1,S 11 Revised 03/09/2004 CADOCUMENTS AND SETTINGS\PSCHEI\DESKTOP\PRIVATE IMPROVEMENTS AGREEMENT.DOC • The County, at its option, and upon the request of the Applicant, may grant an extension of time for completion for any particular improvements shown above, upon a showing by the Applicant that the above r schedule cannot be met. By: Applicant Applicant Date: , 20 Title (If corporation,to be signed by President and attested to by Secretary,together with corporate seal.) 12 Revised 03/09/2004 CADOCUMENTS AND SETTINGS\PSCHEI\DESKTOP\PRIVATE IMPROVEMENTS AGREEMENT.DOC DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR ARTICLE I - PREAMBLE Declarant is the owner of that certain real property situate in Weld County, Colorado, described on Exhibit "A" hereof(The Property). The Property has been platted as Subdivision simultaneously with this declaration. 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 a right, title, or interest in The Property or a 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 Zoning and subdivision regulations. ARTICLE II - DEFINITIONS General: The words and terms defined in this Article shall have the meanings herein set forth unless the context clearly indicates otherwise. Association: Shall mean and refer to the Subdivision Homeowner's Association, a Colorado Nonprofit Corporation established pursuant to Article 1V of this Declaration. The members of the Association shall be Lot Owners as defined herein. Common Areas: Shall refer to all real Property or interest therein owned by the Association and easements and rights of way for the common use and enjoyment of the Owners, together with and including, but not by way of limitation, the road, Harpenden Lane, utilities, and utility easements. Developer: Shall mean owners of The Property, their successors and assigns. - - r Developer Responsibilities: Shall refer to the road constructed pursuant to specifications required by Weld County known as Harpenden Lane. n Developer shall install a gravel road according to the specifications of Weld County. The Association shall maintain, repair, and replace the road after the Developer has installed such facility. Developer shall plant non-weed vegetation on the right of way adjacent to Harpenden Lane. The Association shall maintain and replace non-weed vegetation after the Developer has planted such vegetation. 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," with the exception of any Common Area. Road and Utility Easements: Shall mean and refer to the road Harpenden Lane and 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. Single Family Dwellings: Shall mean an independent structure designed and occupied as a residence for a single family. Subdivision: Shall mean and refer to Moorea Manor Subdivision. Other terms may be defined in specific provisions 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. a. Size: The dwelling space of the residence, exclusive of the garage and open porches, shall contain a minimum of 2000 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,- ? 2,`t n / Fr b. Pre-constructed Homes: No homes of a pre-constructed nature shall be permitted withoutprier-swittenapproval of-the-Developer. No mobile homes or modular homes shall be allowed. 2 • '—' c. Exterior Materials: The exteriors of all residences must be wood, masonry, stone, stucco or material with a stucco-like appearance. Any vinyl or aluminum-sided houses must be approved by the Developer. All construction shall be new. No building previously used at another location nor any building or structure originally constructed as a mobile dwelling or structure may be moved onto a Lot. d. Limitation on Dwelling: No more than one dwelling shall be erected or maintained within any Lot. No Lot may be subdivided to create any additional Lots in the Subdivision. e. Rebuilding or Restoration: Any dwelling or building which may be 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, such rebuilding or restoration to be completed with reasonable promptness and in any event within six months from time the damage occurred. 3.2 Accessory Buildings: No mores than two (2) accessory buildings in addition to the garage with a maximum square footage of OOd-sq. ft. total, which are well constructed and neat of appearance, shall be permitted. No buildings with a Quonset type appearance are permitted. The style of the garage or other accessory building shall match the same architectural style as the residence. ,Z 3.3 Fencing: Fencing is to be in keeping with the appearance of the surrounding rural setting, ' i.e., barb or barbless wire fencing, wire fencing, natural wood (unpainted) and vinyl are allowed. li na C�ha�in99 link f)ncin$ is allowed fly fora dog run areas L 9j �p at)'v , ,,(-1 OINtCDu2 PCL fJL plC7 b I Ch `jry Le tdta - L�U u1 3.4 Outdoor Storage: Some outdoor storage will be allowed for motorhomesei Oft,..e4,475 boats, trailers and other recreational vehicles belonging to the Owner of each Lot. Storage must remain neat and in good repair. No junked vehicles or broken machinery, etc. shall be stored on any property. 3.5 Right of Way and Easements: The area known as Harpenden Lane is a road right of way and is to remain open space; free of buildings, fences, trees or shrubs. The Developer will seed non-weed vegetation in the right of way; and thereafter, the-Association wilt assume I''"' "" I. tr: ,''" " responsibility -m esp i ty of theaintenance-of said right_of way. Easements and non-buildable areas for the installation and maintenance of utilities and drainage facilities are reserved as shown on the Plat. f 7,' ,,, Within these easements, no structure, planting or other materials shall be placed or permitted to ;;;c op remain which may damage or interfere with the installation and maintenance of utilities, which , c. r,j Q i; may change the direction of flow of drainage in the easements. If any landscaping or structure is installed which violates such requirements in the right of way or easements and drainage areas, the Association 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, 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 3 incurred shall likewise be a debt owed by the Owner to the Association. The easement area of each lot and all improvements on it shall be maintained continuously by the Owner of the lot. 3.6 Maintenance of Lots: The Owner of each Lot shall plant and maintain non-weed vegetation / and remove any trash or other debris. Vegetation shall be maintained at a height of no more than twelve inches (12") unless being harvested for feed purposes. All ground cover must be maintained at a minimum vegetation height of approximately two inches (2") to minimize dusty conditions. Any corral areas shall be maintained so as not to create a dust nuisance. If an Owner fails to maintain their lot in accordance with this requirement, the Association shall have the right to plant and maintain non-weed vegetation and remove any trash or other debris solely at the lot Owner's expense. The Owner shall be liable for reasonable attorney's fees and costs incurred by the Association in collecting such charges. 3.7 Large Animals: Two large animals shall be permitted per Lot. Large animals are defined as a non-domesticated animal such as a horse, cow, sheep, goat, llama, pig, etc. Pens shall be nea tly maintained so as not to create a nuisance to neighbors. ;y(' �'-'e ;: 3.8 Owner Maintenance: Each Owner shall maintain the exterior of the dwelling, any a Accessory Building and all other Structures, lawns and Landscaping, walks and driveways, in good condition and shall cause them to be repaired as the effects of damage or deterioration become apparent. Exterior building surfaces and trim shall be repainted periodically and before the surfacing becomes weather-beaten or worn off. All yards and open spaces and the entire area of every Lot on which no building has been constructed shall be kept free from plants or weeds infected with noxious insects or plant diseases and from weeks which in the reasonable opinion of the Architectural Control Committee are likely to cause the spread of infection or weeds to neighboring property and free from brush or other growth or trash which in the reasonable opinion of the Architectural Control Committee causes undue danger of fire. 3.9 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. 3.10 Recreational Vehicles: No trailer, motor home, camper unit, boat or similar recreational vehicle shall be parked on Harpenden Lane. No Owner shall be allowed to park a vehicle on Harpenden Lane except for temporary guest parking. 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, Fire Protection District, the Weld County Planning Department and all governmental entities with jurisdiction over this subdivision. 3.12 Oilfield Production: Oil/gas production vehicles have the right to access their production facilities within the subdivision without interference by lot owners. 3.13 Business Uses: There shall never at any time be erected, permitted or maintained upon any part of the Lots any business profession or other activity except as allowed below. This 4 provision is not intended to prohibit one time, isolated or occasional uses nor is it intended to exclude the use of a home office, such as an architect, which may be permitted so long as the operation of the activity is not apparent or detectable by sight, sound or smell; conforms to zoning codes; does not employ more than one person at a time who does not reside on the Lot; does not involve regular visitation of the Lot by clients, customers, suppliers, or other business invitees, or door-to-door solicitation of the residents of the Subdivision; does not involve business activity which is inconsistent with the residential character of the Subdivision; does not constitute a nuisance, or hazardous or offensive use, or threaten the security or safety of the other residents of the Subdivision, as may be determined at the sole discretion of the Board. Nothing in this provision shall prohibit the rental of a lot to a single family for the sole purpose of a single family residence (as said terms are defined), provided that all leases shall be for six months or more, in order to ensure a long-term commitment to the safety, stability and upkeep of the neighborhood. All leases shall contain a provision requiring that tenants shall conform to the covenants. The owner of any lot shall be personally responsible for any breach of these covenants by their tenants. Except for the uses permitted above, the prohibited uses include, but are not limited to, day care centers, churches, schools, foster homes, nursing homes, halfway houses, health care centers, multifamily dwellings, or any uses of kindred character, because it is crucial to prohibit any activity which results in customer traffic, warehousing, chemical odors, vehicular activity, advertising displays, communication antennae, production equipment, employees, or any other evidence of organized business use of a dwelling. Personal computers, or wireless and residential telephones do not, in and of themselves, imply commercial use of a dwelling. 3.14 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 longstanding 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 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 water 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 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, 5 and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Snow removal for roads within subdivisions are of the lowest priority for the public works or may be the private responsibility of the homeowners. Services in rural areas, in many cases, will not be equivalent to municipal services. 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 - THE ASSOCIATION 4.1 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 Moorea Manor Subdivision Homeowner's Association and by this Declaration. In the event of a conflict between the provisions of the Declaration and the Articles of Incorporation or the Bylaws of the Association, the terms of the Declaration shall be controlling. 4.2 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 ownership. If more than one person has an ownership interest in a lot, each person will vote that portion of a lot equal to the portion of ownership. 4.3 Examination of Book by Mortgagee: The holder of any recorded first mortgage or deed of trust on a lot in the subdivision will,upon request, be entitled to: (a) Inspect the books and records of the Association. (b) Receive an annual financial statement of the Association after the end of each calendar year. (c) Receive any written notice of all meetings to the Association and shall be permitted to designate a representative to attend all such meetings. 4.4 Powers: The Association shall be granted all of the powers necessary to enforce all of the applicable provisions of this Declaration, and to govern, manage, maintain, repair, administer, and regulate Moorea Manor Subdivision and to perform all of the duties required of it. 4.5 Association Responsibilities: The maintenance and operation of Moorea Manor Subdivision shall be the responsibility and the expense of the Association, and the costs therefor shall be a common expense of all the lot owners. The Developer shall initially install the gravel road, Harpenden Lane, and shall initially seed the areas disturbed by construction of said 6 Harpenden Lane; thereafter, the costs of maintaining, repairing, and replacing Harpenden Lane within the right of way shall be borne by the Association. 4.6 Lot Irrigation: Irrigation of each individual lot shall be the sole responsibility of the individual lot owner and is not to be a part of the Homeowner's Association maintenance responsibilities. Each Lot Owner shall receive one share of the New Coal Ridge Ditch Company upon the purchase of their property. The water rights are subject to all common law and statutory water law restrictions within the State of Colorado. The developer does not warrant nor represent that said water shares will guarantee the Lot Owner any specific quantity of water. If, through any later water decree or restrictions placed upon the water shares by the New Coal Ridge Ditch Company, irrigation and use of the water is restricted for whatever reason, the Owner holds developer harmless with respect to the same. The shares are conveyed without any warranty whatsoever with respect to the delivery of water or the fact that the same can be used for lot irrigation purposes. The Association may undertake to regulate the distribution at any headgate and,to regulate the Owners' use of such shares in order that all Owners may realize the full beneficial use, if any, of such shares. The Association therefore shall set forth rules and regulations with respect to the use of such shares. All water assessment charges by the ditch company for such shares shall be paid by the Lot Owner. 4.7 Formula for Determining Assessments: Assessments shall be made no less frequently than annually and shall be based upon a budget adopted not less frequently than annually by the Association. The assessments shall be apportioned equally among all lots within the Subdivision. Each owner, by the acceptance of a conveyance of a lot shall be obligated to pay his share of such expenses whether or not his lot is improved. If a new annual assessment is not adopted, an assessment shall be presumed to have been adopted in the amount of the last prior assessment. 4.8 Bases Upon Budget: Assessments shall be based upon the budget, which shall be established by the Board of Directors at least annually, which budget shall be 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 Harpenden Lane and the common areas, which sum may include, but not be limited to, expenses of management; taxes and special assessments unless separately assessed; premiums for insurance; repairs and renovations; wages; water charges; legal and accounting 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 relating to Harpenden Lane and the common areas, which shall be funded by the regular annual or monthly payments rather than special assessments. 4.9 Assessments for Other Charges: The Association shall have the right to charge a lot owner for any common 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 special service charge or charges due to misconduct that are not paid when due; said lien shall include court costs and reasonable attorney's fees incurred by the Association in collecting said charges. 7 4.10 Assessments: The amount of the common expenses 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 or by abandonment of his lot. An owner's loss of lot by foreclosure or by proceedings in lieu of foreclosure shall not cancel or terminate such owner's liability for assessments and charges acquired prior to the date hereof. The Association shall have the authority to take prompt action to collect any unpaid assessment which remains unpaid for more than sixty (60) days from the due date for payment thereof In the event of default in the payment of an assessment, the lot owners 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 attorney's 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 assessments shall be maintainable without foreclosing the lien described below and such suit shall not be, or construed to be, a waiver of lien. 4.11 Creation of Lien and Foreclosures: All assessments together with any special assessment or other fee, cost or charges which an Owner is obligated to pay, shall be a debt of such Owner to the Association on the date when each installment thereof becomes due. In the event of the default of any Owner in the payment of any installment, such amount, and any subsequently acquiring unpaid assessments, together with interest thereon and together with all costs which may be incurred by the Association in the collection of such amount, together with reasonable attorney's fees shall constitute the basis of a lien on such lot superior to all other liens and encumbrances, except only for tax and special assessment liens on the lot in favor of any governmental assessing entity, and all sums unpaid on a mortgage or deed of trust of record, including all unpaid obligatory sums as may be provided by assessment setting forth the amount of such unpaid indebtedness, the amount of the acquired interest lien shall be signed by one of the officers of the Association on behalf of the Association and may, but is not required to, 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. 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 property upon the recording of the above notice of lien. In any such proceedings, the owner shall be required to pay the costs, expenses, and attorney's fees incurred for filing the lien, and in the event of foreclosure proceedings, all additional costs, all expenses and reasonable attorney's fees incurred. The owner of the lot being foreclosed shall be required to pay 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 receive during foreclosure, and the Association on behalf of the member owners, shall have the power to bid on the lot at foreclosure or other legal sale and acquire and hold, lease, mortgage, vote the votes appurtenant to, conveyor otherwise deal with the same upon acquiring title to such lot. 4.12 Liability Upon Transfer: Any owner who sells a lot in good faith and for value shall be relieved of the obligation for payment of assessments arising thereafter attributable to the lot, as of the date of the recordation of the deed transferring such lot to the subsequent purchaser. The 8 Owner transferring, and the purchaser of the transferred lot, shall be jointly liable for payment of all assessments and any related interest, costs and attorney's fees attributable to the lot acquired through the date of such recordation, and the lien for recovery of the same shall remain in force against such lot. 4.13 Mortgage Foreclosure: Notwithstanding any of the terms of provisions of this declaration, in the event of any default on the part of an owner under any mortgage or deed of trust which entitles the holder thereof to foreclose the same, any sale under such foreclosure, including the delivery of a deed in the lieu to such mortgagee, shall be made free and clear of all then due and owing assessments. No mortgagee shall be liable for any unpaid assessments accruing prior to the time such mortgagee receives a deed to a lot. 4.14 Board and Officers of Association: Until all lots have been sold by Declarant, the Declarant may appoint and remove the officers and members of the Board of the Association. ARTICLE V- ARCHITECTURAL CONTROL COMMITTEE 5.1 Composition, Appointment and Removal: The initial Architectural Control Committee ("ACC") shall be Declarants, Steve Klen and Lori Guttenstein. They shall serve as the Architectural Control Committee until at least four of the six lots in the subdivision have been approved with residential structures. Thereafter the Board of the Homeowners Association shall have the right to appoint three of its members as the ACC. In the event of the death, incapacity or resignation of any one of such members, the HOA Board shall have the absolute authority to appoint a successor. 5.2 Review by ACC: No construction of any structure, or remodeling of an existing structure, or any work on any Lot which requires a building permit shall be commenced, erected, placed or moved onto a Lot, or altered in any way without the prior satisfactory approval of the plans, having been previously submitted in writing to the ACC. Review and approval by the ACC of all such construction will be based on the architecture, based upon these Declaration as heretofore provided, in order to have such structure blend in with the natural surroundings. Specific attention will be given to requirements set forth in Article III under use and other restrictions of these Declarations. All plans, samples and other materials shall be personally submitted to the ACC and shall be submitted according to any rules and regulations promulgated by the ACC for the submittal of such plans. The plans submitted to the ACC shall include the exterior design, height, building material and color scheme thereof, the location of the structure plotted horizontally relative to property and easement lines and setbacks, and vertically, the location and size of driveways, fencing, walls and windbreaks, and the grading plan. Submission does not have to include a landscaping plan. 5.3 Procedures: The ACC's approval or disapproval, as required by any provision of this Declaration, shall be in writing and any approval shall expire in one year if construction has not been commenced. The ACC may impose any conditions it considers advisable on any approval or on the use or maintenance of any improvement. The ACC shall maintain written records of all applications submitted to it, all actions it may have taken, and a copy of such plans, specifications, and lot plans as finally approved. The ACC will attempt to act promptly upon the 9 submission, but the Lot Owner, or its representative, must take into account that a certain period of time will be required to review any such plans, to meet with the Lot Owner or builder to discuss the same, and to arrive at a satisfactory approval or denial of all document submitted. The Lot Owner must anticipate a reasonable time period for this process, and submit the same in a timely manner based upon the Lot Owner's expectation for approval and construction time frame. 5.4 ACC's Discretion and Non-Liability: The ACC shall exercise its best judgment to see that all improvements and construction within the Lots conform to and harmonize with existing surroundings and structures. In granting or withholding approval, the ACC shall consider, among other things, the adequacy of the materials for their intended use and whether the structure or covering will cause intrusions of sound, light or other effect on neighboring sites beyond those reasonable to be expected in a quality urban residential area from considerate neighbors. The ACC or its duly authorized representatives shall not be liable in any manner for any action taken or failure of action in these premises. 5.5 Waiver: The ACC may, at its discretion, waive any provision of Article III of this Declaration in the event it finds a practical difficulty or unnecessary hardship. 5.6 Fences: Lot Owners upon prior written approval of the ACC may construct fences. Said fences must comply with all rules and specifications adopted by the Association, which shall have the final decision on what is deemed permissible. 5.7 Enforcement: The Architectural Control Committee and its agents shall have the right to enter upon any lot in the Subdivision when necessary and shall not be deemed a trespass for the purposes of (a) inspection of property to determine compliance with the Declarations; (b) to deliver notification of breach of Declarations; or, (c) upon the failure by any Owner to cure a breach, within thirty days of written notification, the ACC may at its option make repairs or perform maintenance or otherwise undertake action to cure the breach to restore the appearance of the property involved to a reasonable attractive condition or otherwise bring such property into compliance with the Declarations. In the event Declarant elects to make repairs, perform maintenance or take other action pursuant to this section, Declarant will submit to the Owner or persons responsible for the property upon which or for whose benefit such notice. If Declarant's costs have not been paid after expiration of this thirty-day period, Declarant may thereafter record a lien against the Lot(including improvements thereon) for all costs (including reasonable attorneys' fees) incurred by the Declarant in performing the maintenance and in collecting such cots and foreclosing upon the line. This lien shall be junior to all other liens or encumbrances of record with respect to the Lot on the date this lien is recorded. This lien may thereafter be foreclosed upon in the manner provided by Colorado Law for foreclosing upon real estate mortgages. This lien shall provide all sums expended by Declarant (including reasonable attorneys' fees) shall 10 be additional indebtedness secured by the lien. This Declaration is for the Benefit of the Owners,jointly and severally, the Association and of the ACC and may also be enforced by action for damages, suite for injunction, mandatory and prohibitive, and other relief, and by any other appropriate legal remedy, instituted by one or more Owners, the Association, the ACC, or any combination of the two. All costs, including reasonable attorney's fees, incurred by the Association or the ACC in connection with any successful enforcement proceeding initiated by the Association or the ACC (alone or in combination with Owners) shall be paid by the party determined to have violated the Declaration. Any party exercising its right to enforce this Declaration shall not be required to post any bond as a condition to the granting of any restraining order, temporary or permanent injunction or other order. Their rights and remedies for enforcement of this Declaration shall be cumulative, and the exercise of anyone or more of such rights and remedies shall not preclude the exercise of any of the others. 5.8 ACC Resolution of Questions of Construction: If any doubt or questions shall arise concerning the true intent or meaning of any of these Declarations, the ACC shall determine the proper construction of the provision in question and shall set forth in a written instrument duly acknowledged by the ACC and filed for record with the Clerk and Recorder of Weld County, the meaning, effect and application of the provision. These determinations will thereafter be binding on all parties so long as it is not arbitrary or capricious. ARTICLE VI - GENERAL PROVISIONS 6.1 Durations: Subject to the provisions of Section 6.2 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 in the Subdivision for a period of twenty (20) 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 the majority of the then owners of lots in the Subdivision has been recorded agreeing to change or terminate the Declaration in whole or part. 6.2 Amendments: 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 four of the Lots in the Subdivision. 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 holders. No amendment to this Declaration may be made which conflicts with any of the laws of the State of Colorado, or ordinances of Weld County. No amendment shall effect any rights of Declarants unless approved in advance by and consented to by Declarants in writing. 6.3 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. 6.4 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 Declaration to enforce any 11 • FINAL DRAINAGE REPORT FOR PRAIRIE HOLLOW ESTATES Prepared for: Charles Meserlian 2324 Plains Court Fort Collins, CO 80521 (970)490.1251 Prepared by: Jeffrey W. Couch, P.E. ';�;;`a•`;; TEAM Engineering •• s Ali 3468 Shallow Pond Dr. 1 �' '�� C•j• e• er111 Fort Collins, CO 80528-7002 �•� �+ ��.•0 : 16584 (970)231-9937 I o � •t:11\ t "-- April 20,2005 DRAINAGE REPORT FOR PRAIRIE HOLLOW ESTATES A. Introduction This report is prepared as part of a Minor Subdivision Final Plat Submittal for Prairie Hollow Estates. The intent of this report is to identify existing drainage patterns and determine any impacts to these patterns which may be created by the proposed development as required by Section VII of the Weld County Code. B. Site Description Prairie Hollow Estates is an eighty (80) acre agricultural tract which will be subdivided into nine (9) single family residential acreages. The project is located at the southwest corner of Weld County Road 21 and Weld County Road 84 just south of the Black Hollow Recreation Area. The parcel is located in the northeast quarter of Section 10, Township 7 North, Range 67 West of the 6"h Principal Meridian, Weld County, Colorado. The cultivated and irrigated agricultural parcel is typically bare except during the growing season. C. Historic Drainage The terrain in this area slopes from west to east towards a major drainage known as the Slough. Runoff from adjacent parcels does not impact this site. Runoff from the west is intercepted by the Larimer County Canal. Runoff from the south, north and east run in a direction away from the project. On-site flows run towards Weld County Road 21. A metal culvert conveys flows under the roadway to the east. All flows are developed from cultivated agricultural land. An underdrain system and dam along the west property line intercepts groundwater and isolates these flows from the rest of the site. D. Proposed Drainage Because of the large size of the proposed tracts (average 6.7 acres ±), there will be no overlot grading. The existing land form, drainage and irrigation patterns will be maintained. Prairie Hollow Place will intercept flows and the roadside ditches will convey all runoff to Weld County Road 21. A small detention pond will mitigate any increase in flow due to the construction of nine (9) residential structures. E. Conclusions/Recommendations 1. No overlot grading will be required. Grading will only be required for Prairie Hollow Place. 2. All irrigation systems will remain intact to allow native irrigation water to be used for landscaping. 3. The proposed development is outside of floodways and floodplains. 4. The on-site drainage system will be composed of roadside ditches along Prairie Hollow Place. \a� { ouj'yo,oldeyy'L661(0)W6w(do0 .� :S }e,,- \i< 2 . C.) ..."''''...\ ;'\In (C: , Ncuq xaB(at S O� 3 r "se\It ; IN \ * VIVA °, '' .per eC0 b �1n0S l OA is's" (-_-_- , , , . .,,, . i „. \\...411> 'N -\,,,I) L.\ f —se— . *a ''' . --- ;.' ..' ' 1 .._'++-��\\� 5 Y h �\ ��V ct �; ac : s r '. 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Glca/ufc 6 fficie>1f zAz sgi4ask a tanha, ldf 3 !so s Zoo 3n 080 Lot IYa 9811 1t x lY0 9Y0 7`Y le 190 )7y IR 21210 IS 111 2 ►75" lA I 15X qs t, yi Ric Sx 207 1,616 Total 'I4 6196 = ©. 9jY hes C = Thing (2) I 'fin (9o) 91172K t 17(7Y, = O.77 5,IC yds- sagas4 5 - Its 110 1 I oo 71110 770 Land baps %Xtas 7X 110 7W " IYo I IV0 15 c y0 ►100 /sY Vo f®O rf ;>` 110 1, go0 17 X for 2►Bas Total 9i 586" = o.ZZ &r/es C= 0. 2Z (2) - 1.03 (.9) o. OYy t o, 9U = o. 78 121 I-z,s Suihasrn C 8 1i3' t a4OLCO/, 19(� jl'l88 so ZI® XIl t, 310 m(20 25, 6 1 &silo 3i 00 -Etta( 331031 0. 711 ices = o.is8- (0. ?) _011f.. = 0 7y 1•YO �.y0 caUufi. 85 - c = 0. 85 from txna Rycit 044110 firm fad /I - Use a. 78 (onp!!/r 57 (0.77) 017 [q©) f(l ot) of if t 5- 3-7655 fi 1,576_ f_O.SSW = 0.77 954 3. Caicifkaie DeJerflio fund Va/unrt Zr AS I (Mint 601) Inctuk 5uibes7ns A, 115 Bi C 4«a = S I$ t be/ 1 3,l0 r 7.56 C = 8. 77 Malta( I/erg e = - 75-4 y 0. Yu = .7.95 cb An/ t too Ord {tan ,Dhoti on. t o•Yo fr / from Sa66wo 135 7441 = S.3S rff C X 4 = 0,77 x 931 = 734 TIME CO Tao Qiq V Atli- V D V rn) (Sec) l illiff) CfS (q Ft Cf5 Cu if Cu Ft 370 7.3‘ Till 0,,o/ 2u 103 5.35 7405- 17779 ID 600 720 5?,19 31171f )0o zOf IF 700 6.08 94,75 Ya,z7s y(Is as 4 60 zo Izeo 5-,if 37,30 47,160 6920 1017 IV Zs" IRO 9.71 31,76 sz, yyo ?o z S 41 113- 3o MO 9,20 3o.91 53, 138 9630 y1008 a5- 2147 30 ?le0 601900 i/ 235 Int gg Vo 290 3451 of yz 63, Yoi 2,if0 So,168 YS 27(0 3 z9 211.2/ 4,530 1y,'NI ,101922 co 30X 3.0S 21 yr C7, 35-0 I(,os0 5), 300 SS 3300 ZYi Zo.90 41,970 17, 'sr 51, 31s dolfr--- 6o 3600 2466 ►L SS 70J V U Ht z10 51, 228 70 (700 7.36 /7.37 7l' 7 by 221q70 50,119 ro Yt00 ZIz 15,10 79,uo 256(0 41, zoo 'W 51100 az 14, )3 767301. 2O10 47, W- oo `soo 1.76 72,93 33/ 700 3?,ioo 45 6O /S Cralculato Po7;d Vohem ► fond a ) fTonf fo4(1 1,02.19A- beat (s,r) /Imam (ill) fiepih(H) 16u, (6 4l dufirl"1nmf 112y8 7, 770 0. Si 91090 43 15, 5IO 171607 1.00 17 607 'Pt 19 17f 22 Zo5- 1.39 Z 9 753- 51111 FIcvolio, y5,3'Y ?If 73 'filial S/, y02 • Spilt ElivaTian Is Y6 3y VIq Cono/rfe we t& it; off 51 702 G,.Ft /��a�& Slkage D.G6 fPPt rife i` r- tJ #c r` berm @ ?too 3. CaJcuJa1c D(1-0417;0 `ona Volume 6/2,� ( Pond f) ) iof Z Pent{ • Pond for North }elf of Lot 2 (Suhhasth 8) An = 1. 25 f}cres C: o• 5 His/oni Refuse : /-ZS X 0.wi = O.514 c6 - Laid lo a ill (r Tonto- 0lads to C. )( 4 = O.SS x 1.21 = 1O6 front fend - Mu Cmq- rim G?,,, v .Qeu, , V LW (04 ( sec) (Ilk) (r(s) (61,0 (cfs) &,F1) (aIM.) s 300 1.06 74 7.77 2,73/ 0.116 31 2,90'2 ►o ioO -7l0 743 9, 57 T 70 9,So g 11— too 6,08 44 V 5,796 105 3, 611 Zo woo Say 5;66 6, 792 )YO G 6 S t:; 15e0 9.75 S.OY 7, 540 175 7, 3'S 3o (Do 4.20 VAC 71010 210 7, 100 3S 2/003,7y '[If 1,711' z95 2, 533 yo z40o 359 3,8( 9, ivy 280 11 86f VT z7o0 3.29 3-49 9, LIZ3 31,- 'tiff Co 3000 3.05 123 9, 6 90 350 9, 390 55 3300 till 3.01 1, 133 3g5 791 98 60 W02,66 ii? 101 i52 '(20 9,73? 10 4200 234 2.50 )0) 5-00 '190 i0 o(0 0ygeo 2,11 2,25 10 Soo %0 1d 2f0 i , 10 51100 1-92 ?got/ 11, oI& 630 i0i 3S6 1 Q° 6000 1.76 1,V I►, Ito 100 lot 520 4 Tanaa/to a (r X00 Aoki — issunu Iii 100 aft Calculalf fans Volume (Panel A ) L0 ? fond 4/2S Caa1aa( i9tia (3 Ft) Avoi Bfe4 4n) Dr,/4 (ii ) Vc/uoe fry,ifs) &fltlInvrit Y99900 0 13, 090 0.8.1 III 126 X1949.g( 261180 7-6141 I/olole III 126 • Spill Elevafiaa is M1.20 t b /Wit Jul to foe Soafh. 1026 CO. if Alai/oile Stwaj e • 0.65 &el f/?e1004 to top of km . F/fv = y9la•50 -- s, &iodafe art!ef (hod QJ (fm/ gad) k s' >, Spy►Iwxr f' r (onrafe) I yGDO ?Jy, �` j447 \ 15.3` 5rilltal y53y 93,00 2.34 ;rep! ' hi tun Para 9- 0311 fefi a 3SP Q Release (ft/4!wuble) = S LW ells fli(au1h o(I&e t117 ?.31 ' GE/ fit 3Z 2 k li xlf = S. Ya6 0.64` Vayx Z.3 = Pig = a, O173 5 r 7,8565 _ /00. ►8S rf 'All kvoirly coffee of /8" X V/ Syucie op 8/25. Pond Prb� 3'1 oS PaJ B .11 I, Igo /fir unfit 5W ee 115',37 fugfipiteiLifffij / 1 Tor or Perm 48 00 way (Min) 419 --_ ©, - v 51111e54 chi Liedl !a R DcK 4295 Jn1e1 Ig` a �11t3 Orifice plate J y Ig Oul(el pint" Rem ode IOC of Outlet- 'lie 4 Dead wall caet .Paid l ) 9/ZS Oakdale Outlet C -Tap of 6 rm 50.9 5p11� - Soap Pw `uhf laf 50.20 Frerioad ¢,65 49. s r H= 0.7s C`` gl.lo 49.00 q blew = 0. 116 efs = 0.75 8 = 0.116/ K = 0,0 041 0,0 xo.7S 32.2 I4 = 0.116 /. y98 = 0,0261 5: 11- 3.75Sbln - /N Or de oho me I1 rf naafi( c/eat. of 2 rr spate Of/n ig, I PM/ *age o/ZS 14 II 2 19941 we Ur a� \ "' Wok/ Sur face c. 11,83"99-S o,ds'frcrbaw4 sir 5-0,50 F yqa� p' fk6 fluff is', ®u'llct Pile // C 7 'l• �" /` /�'! bfiot�„ ;• / Jul 7c = T1 tTt c ' , 2 a 1 • T _ I, °] G :' �_{ a -� 1. Y,_�, ' (ZJ,36) S00 t1 aX orn S .g-s - oicci ze/km Y7. 8 �. T• = c7 f40 ; firm fifth 3-2 (v , S fps ' 4 = 133 Hy sti�'f y ass ) � 5 _,$)(do)1, 2 Tc = Y ,? t 73 J = /33.1 /1,4 • 6-4 It a 19•? r (95711104, C' 1:-/ , , r` ' ovusizrl. (See ski( 7) ch9414 Colgo y 121. ? (15 • �1 O (3 ' i2S ,. i Y ; `f . .151, (M) Suihai; ac= 4781 5 Coif/ waif! Siis 7c = c 0nlrr Job - 72V 7h1 f � I Alift ' �q lcn leg /041 cni f t 1t 1 eOJt cif 0. lie cis Q lea = C .T R X78) (9.Zy) (I.25)' y.o/ cis (S/(4vPj) Sul 4451„ lq- T = fA f 1 - Sys' C° :17 /0 T- = J$ 0ti(c l = GRIN S X LOAN %f logo Kim/ Tc = Ito 1 /1. 1 = 21/ /'llrt Zoo = 5 e%i 5/") y..�; Tv: ,..77) 01) (5: 11) = 11. ncfs j 17,11' 7 , (x.90 /Tars) / X00' c- a,7y S: s T rf� tit TA = 1.87 01 - •Id) /Oo'" = L81 PO yJ le It l,; _ 1. 0 /1/P 500', g1/4 V= /111/h '7"1 "'ism ` IA - fey M,o 1,,: 715 ,.7 (7yk7rr ((,Yo) = 1799 cis Tc fD 1 yy = kJ! Mi ' � ('1 II NN....,65-4,h,:, O/ 1 F F le B) --, �` 4 Mill L_ ' , o� ass zo D es�,•� q �"' /7 CIS ��ai • ) / ��JC`, G 3 5 G� Q9-' � t: 0 . ' ',-,...,,, Y 1 i ►g' Typr‘i( W A Aua;(di1e 47: ‘eN /1 : a (a7s) 44Y644 ' (d1(0=1 r Ai 4,737%i 7 �7,7f , 0. 772073 -- z.26't z zr t z.zs= 6.75 • soft g,,,\ . / 3 371 237 = 7,7`1 ft Q = -. g!6 / ( 7 a?) (.osy77)(p3) t O3 c? fs `l a3 1619 YPas ; .' ql /vxlrna`ftf V= l9-all - 1N337J" '_ 2.1 ffr. ! 9.71 fed Affp, fry bean - Zoo - 0.75 - /.?,) Sa(e/J 30'.',/,./,. — Aril '2 1/r r J i,J 271 . 12 9Z ,s9 Zek 5 , So/ Lot Z) F ;s f. 1( t Y i 7P7 a- ci t 1.z9 = 717 ',,l( = , 62 t ?S = ??t61 f/ /. 6i= . 27r STFf ' '6, 6e,0 b11) (787) = 2?.0 22,0 > 17,89h / ►so year flaw 4 6r10t# 4 of Cu/b n . w NM/1M !lJ►o (SubAa.th) It /w � ( ,, (;nfrulltl Altai( q = math decd, Q = His/ r76 314 1.s v ►.s� sir ' 0.30% 2 H = .o.ia7, zso,r *Auk Rook = filp - 13,0/8 - , 083#02 islume flaw ✓e,naors lri ctAQ/elt Pa,, A-re c zs#S ? pi Q - 1y8y (nea) ( oigm) ( esos) P. tso uc'q = air Ft ors C q = 0.111 cis can cis o1N6 c& • fripasima4 Flow = a * • Flaw io femain &ji14 irj on ("tie $4 (Th • n F'1 17 • / f / // /, )1 11 f /, L ,j j 1' /90 fh,� dtplji w,A14 POI L'lT ea , it' , 6 vp Cend ton y ; = X z c Fs n 1 , IS ,' fomri Pipe /zc Ad ft Ganef R. (7: 1, 0 , r . 0Z �,,.. . ,_ it 38 1/-31~ s% ch OK fa 0011 et B. Tkilel j" .''.Bet Pees fron I ;t 'f 1q4 IY tyc Q = I/4 r ZZFr ' &IiIjj zz. S 17.E c OK C. 29! Fpe Upc/ r H.:7:i G Jr '. . Mt cis 17-3 > If?? 4 /t / Chonnll tilojC JPC/ .((Uny (6,z0 t ?47 f lG/,) /9 .7 c{s %s mill y1 fa flow /o 7740fit o1 tk Chafted. /y. 7 cfj R// soli leas ,14a4 / of f/dw r1 11/s c4amI (, ' flaw = 'f vc6) Teo w,l/ hof lid 2t fly! tM rr fit cl/wewy in lb cqflcf oil/al. Fly /n (4aal{( mil%/ n,1 Mr' adfour/ oql/ef, teal Wilk/ fiU�r roar/ /0/ chitty ' flow 4 ?O 30 f>rmu !fir', • C Cv .- In Izc N O O .-• N In O N . O 0• O t1 g NCO cm c1 .•• M In N O ••• M c t0 .•I O ObCO Ner .... .. 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N OM CO tO OM00 N .+ < to tO N • • ....) •-4 Ng IL1 sr • • • : _ • • • • • •e' CrQLI t., G1 OOO O — Nv t•• A. .CA, t- t-- Of O N t- Cl N M v OD ,4 ,4 W U ee yO W• 0tO eC O01ID Nt0O �O^tom in - tD 0 t CO 10.+ .D NO• • O01 NMICM • • • • • • C M000 M tt) Ioc N • • In F 0. U `-.. •U-' 0000 . NM [� ..•I-' � M < N O to rt M < N 0 In E-- U I '0ato Mrn < to et tOv10 10t- N COoto sr co I� C .-1 r0•IN ot- N CN C1 n e4 ono coON O -- In H � • h0 OOOO .r NMtD C1 I 01 o> C4 0) M U .-1 ee N N MUD .+ C 7 0 NO et` Ot0 CO Mtn Ill et N N T .+ O Is. to VD c tO MN 1ON01 Or• M r N c 0 • • \ Or• Nc 01 • • . . • r . . N O 0 .•• Nat NN N Y M .- .• N ••+ 00000 •r -• N M to .-I •IC I .+ 0 er 0 Co .e. M CO O It to 0) 1n N .+• Y. ill N N M tf C4N tON c C4 .-4 N •-• tn CO NN • . M O N Cl N < N \ 0 • C-1 COOc 01 CON tOO,• NO 00000 .-I •• " N c . 0 MNN NN COMM N .-0100 t0 OI a"- 01 x N < 011ON CO ON .+ C> CO Cn 0 CO M N In IO 00 •-• Ntn •-a .. M to t- 0 to 01N 001 a0 C) 0 - 00000 .. rl M et tO cla es O OCn CO Net In NH OMIn .-• Intin t•. .-1 ,4 MIO .-• 01 .•• NNN tO eF N COOCO c N II O 00000 0 •-IN MInN O •e1•I CV N Nv 0 Y /� 1C1 •st0c tOM Mto t0 c .000 0 er CO M CO W v � N . O N < C9MQ) In co in t00 c LA CT •y ^ .+ 000 r4 N . . . - • /Y) 0O 0000 0 00 •-• N M to N 01 y .} y / 0 N M CCUT �1 II N cO1 MtOIll c In 01 .-IMN el* CO N .-• ,4 th 0 C • 00000 M u7 01 e c N N N 'co tU 0 000 .+ N M sr t0 O V4 N C 00000 ta) N CO C F• N N o p1 .-• et o CO O N CO -I In N 01 .-I a• •.t 0 Cn COMNv1 NtO to CO 100 C.1MIn • ,c�5C�7 D a> 01ONOO C C1 CD CO 01 M .-• In In et N 0310n / O Rw1 ON MCO � N Mt0 � � sr N � c N OIn M - N N td .-• C] < LO tO CO 0 N In co .-. er N O 1O N CO A • C.• •--I .-I .•• .+ N N N M C1 c c Report Date: 04/29/2005 02:56PM WELD COUNTY TREASURER Page: 1 STATEMENT OF TAXES DUE SCHEDULE NO: R1429902 ASSESSED TO: MESERLIAN CHARLES L 2324 PLIANS CT FORT COLLINS, CO 80521 LEGAL DESCRIPTION: PT NE4 10-7-67 BEG NE4 589O57W 2099.29' S16D58'E 284.23'S22D48'E 198.05' S13D22'E 56.11'S08D15'W 112.69'S51D04'W 66.83'S64D56'W 75.73' 579027W 259.53' S50D01'W 199.16'S28D10'W 220.56' S16D02'E 152.38' S43D59'E 666.87' N82D30'E 1656.84' N85D34'E 64.14' N85D34'E 354.89' NOOD10'E 1442.13' TO TPOB (2.42R1.38D) PARCEL: 070510100018 SITUS ADD: TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE 2004 TAX 397.92 0.00 0.00 397.92 0.00 TOTAL TAXES 0.00 GRAND TOTAL DUE GOOD THROUGH 04/29/2005 0.00 ORIGINAL TAX BILLING FOR 2004 TAX DISTRICT 0430- Authority Mill Levy Amount Values Actual Assessed WELD COUNTY 19.957 88.81 AGRICULTUR 15,339 4,450 SCHOOL DIST RE4 52.964 235.70 NCW WATER 1.000 4.45 TOTAL 15,339 4,450 NWC WATER 0.000 0.00 WINDSOR SEVER FIRE 5.209 23.18 AIMS JUNIOR COL 6.328 28.16 WINDSOR LIBRARY 3.546 15.78 WEST GREELEY CONSERVATION 0.414 1.84 TAXES FOR 2004 89.418 397.92 ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIEN HOLDER �.OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES-AUGUST 1, REAL PROPERTY-AUGUST 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK. P.O. Box 458 Greeley, CO 80632 (970)353-3845 ext. 3290 WELD COUNTY TREASURER Pursuant to the Weld County Subdivision Ordinance, the attached Statement(s) of Taxes Due, issued by the Weld County Treasurer, are evidence that, as of this date, all property taxes, special assessments and prior tax liens currently due and payable connected with the parcel(s) identified therein have been paid in full. Signed ra..t_Ao.,_____ Date: . _.......__. Hello